Agenda packet — Bell Gardens City Council, April 13, 2026 (part 1 of 2)

CITY OF BELL GARDENS
AGENDA
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, April 13, 2026, 6:00 PM
Agenda en ICw:s anol
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at ht a a:L/www bell gardens_orgJi_want to/watch_cityr co uncol meeturigs.

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public participation may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to C [email protected] no later than 72 -hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda.

Public participation are limited to three (3) minutes. Public participation for non -agenda items will be limited to a total of 30 minutes. Public participation can be made by any of the following ways:

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

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by htt} s:Iizc7omms au� and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021
Public participation may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Participation will not be accepted in the QandA Chat function of the zoom app.

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

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

Page

1. CALL TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

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

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

5. PRESENTATION

5.1 Certificate of Recognition - El Buca Restaurante

5.2 Southeast Los Angeles Cultural Center Presentation

6. PUBLIC HEARING

6.1 nttoduction of Ordinance No, 965 Amending Sections 9.04.020 ("B" Definitions), 7

9.10.30 (Residential Permitted Land Uses), 9 10.040 (Residential Development Standards", 9,12.0;x,0 (Commercial Permitted Land Uses),and 9._,58.040 (Type 3 Site Plan Review) of'Title 9(Zoning and Nanning Regulations) ofthe Bell Gardens Municipal Code c
RECOMMENDATION: It is staff's recommendation that the City Council:

1. Find the proposed Zone Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), concluding no significant environmental impact would occur; and

2. Waive full reading and introduce Ordinance No. 965, by title only, amending certain sections of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code
ATTACHMENTS:
(Exhibit 1 Ordinance No. 965 g

Exhibit2 -- Planniwn Commission Resolution-..: PC 202602 c Exhibit 3 PLannvngComrnisson Staff Report, March 181.,2.026 9 Exhibit4 - AmennnentstoTitle 9 Development Standards, Permitted Uses, and Definitions g
Exhibit 5 Bell Gardens Housioig ilernent "Reuse" annd Rezone" Site g Exhibit 6 - HCD Technical Assistance Letter g
Exhibit 7- Public Hearing Notice g

6.2 Consideration of Adoption of Interim Uvgenc O clinance No. 966-U Extending the 43 Moratorium on the Acceptance, Processing., and Approval of Licenses, Permits, Ap provals. or other Entitlements for Use Including any Modification Thereof, for Cannabis Retail Businesses g
RECOMMENDATION: It is staff's recommendation that the City Council:

1. Determine that proposed Interim Urgency Ordinance No. 966-U is categorically exempt from the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 etseq.); and

2. Adopt Interim Urgency Ordinance No. 966-U extending the moratorium on the acceptance, processing, and approval of licenses, permits, approvals, or other entitlements for use, including any modification thereof, for cannabis retail businesses for a period of twelve (12) months.

ATTACHMENTS:

Exhibit 1 - Interim Urgency Ordinance No. 966-U g
Exhibit 2 - Government Code section 65858_LdA Cannabis Moratorium Report c Exhibit 3 Cannabis Retail List g
(Exhibit 4 Cannabis Retail Map g
Exhibit 5..: -...Public Hearing Notice g

6.3 Public Hearing to Consider:1) Adoption of a Resolution Making Findings Reg ed 57 by Government Code Sections 42.17.12'A .; .:::.. 2 to Authorize the Execution of an Energy Services Agreement with ABM Building Solutions, LLC for Energy Conservation Iuiriprovement.s,and 2) Adoption of a Resolution Making Findings Pursuant to Government Code Section 4217.13 to Approve a RelatedEq_ ipment Lease -Purchase Agreement and Payment Schedule with Capital One uubiic Funding_L_LC g
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Adopt Resolution No. 2026-34 making findings required by Government Code sections 4217.12(a)(1)-(2) to authorize the City Manager to execute a Contract Services Agreement and Annual Energy Cost Avoidance Agreement with ABM Building Solutions, LLC for energy conservation improvements in a form approved by the City Attorney; and

2. Adopt Resolution No. 2026-35 making findings pursuant to Government Code section 4217.13 to authorize the City Manager to execute a related Equipment Lease -Purchase Agreement and Payment Schedule with Capital One Public Funding, LLC, in a form approved by the City Attorney.

ATTACHMENTS:

Exhibit 1 - ABM Resolution No. 2026-34 g
Exhibit ABM Contract Services Agreement
Exhibit 3 ABM Annual Energy Cost Avoidance A ifeernent 9 Exhibit 4 Capital One Public Funding, LLC Resolution No 2026-35 c' Exhibit 5 - Capital One PublicFundin LLC E Lease A reementt and Escrow Agreement 9
Exhibit 6 - Pubiic Hearing otic:e g

7. PUBLIC PARTICIPATION ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER JURISDICTION

OF THE CITY COUNCIL / SUCCESSOR AGENCY
During this time, the members of the public may address the City Council/ Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency.

Public participation are limited to 3 minutes per person subject to an overall 30 -minute period for non -agenda items. Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

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

9. COMMITTEE UPDATES

10. CITY MANAGER'S REPORT

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

General. Motion to Waive P all Reading_anc➢ Approve Ordinances by:Tiitle Only i suant to California Government Code Section 36934 with Su o from the Majority of the Legislative Body. g
RECOMMENDATION: To approve ordinances by title only.

ATTACHMENTS: None.

11.2 Approval Minutes of...Closed ..._Session and _._City Councii[JSncce ssor Agency Joint Meetings g
RECOMMENDATION: It is staff's recommendation that the City Council approve the minutes of the March 23, 2026, Closed Session and City Council/Successor Agency Joint Meetings.

ATTACHMENTS:

Exhibit 1 - City Council Closed Session - Mar 23 2026 - Minutes - Html g 169
170

Exhibit 2 City Council] Successor Agency :tothe Communit velopmeint Co mission Joint Meeting- Mar 23 2026 Minutes - Html

11.3 WarrantRegister and Wire Transfer g
RECOMMENDATION: It is staff's recommendation that the City Council receive and file warrant registers, wire transfers, and net payrolls dated 03/02/2026, 03/05/2026, 03/10/2026 and 03/17/2026.

ATTACHMENTS:

Exhibit 1 _. Warrant RegisLeu'"s

11.4 Consideration of a Resol tion ApprovID1g}aSecond Amendment to Contract Services Agreement with Econolite Systems, Inc.. for Traffic nal (Maintenance and Repair Services g
RECOMMENDATION: It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Second Amendment to the Contract Services Agreement with Econolite Systems, Inc.

ATTACHMENTS:

Exhibit1 Resolution 202.6-36 g
Exhibit: 2 - Second Amendment with Exhibits g
182
212

11.5 Consideration of Award of Construction Contract for the Ford Park Playground and 385 Restroom Improvements (CIP No„ 396) 9
RECOMMENDATION: It is staff's recommendation that the City Council:

1. Award a construction contract to Doja, Inc. in the amount of $2,253,231 for the Ford Park Playground and Restroom Improvements Project (CIP No. 3926);

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

3. Appropriate an additional $266,275 in General Funds, $230,051 in Measure A Annual Allocation, $100,000 in Measure W, $81,150 of Development Impact Fees, and $33,013 in TDA Article 3 funds to cover all construction and project management costs.

ATTACHMENTS:

Exhibit 1 - Construction Contract g

11.6 Consideration of aResolution Appiroving;a Contract Service Agreement with Southeast Aquatics Dolphins Inc. for Youth Swim Team IPrograo_ns in the City of Bell Gardens 9
RECOMMENDATION: It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Contract Services Agreement with Southeast Aquatics Dolphins, Inc. for a Youth Swim Team Program in the City of Bell Gardens.
407

ATTACHMENTS:

Exhibit 1- Resolution No,2026-_37 g
Exhibit 2 - eement

12. DISCUSSION

12.1 Local Commission U
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.

ATTACHMENTS:

Exhibit 1- Notice of Vacancies g

12.2 Discussion Regardu g Safe and Sane Fireworks g
RECOMMENDATION: It is staff's recommendation that the City Council take the following action:

1. Receive and file this report and take no further action; or

2. Direct staff to prepare a Safe and Sane Fireworks ordinance for consideration at a future City Council meeting.

ATTACHMENTS: None

12.3 Update on Rent Stabilization and Tenant Eviction Protections ...Prgg nm_ RECOMMENDATION: It is staff's recommendation that the City Council receive and file this report.

ATTACHMENTS: None

13. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

14. ADJOURNMENT
Daisy Gomez, City Clerk
Agenda Posted on April 9, 2026

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Acosta, Community Development Director
Introduction of Ordinance No. 965 Amending Sections 9.04.020 ("B" Definitions), 9.10.30 (Residential Permitted Land Uses), 9.10.040 (Residential Development Standards), 9.12.030 (Commercial Permitted Land Uses), and

9.58.040 (Type 3 Site Plan Review) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code
DATE: April 13, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council:

Find the proposed Zone Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), concluding no significant environmental impact would occur; and

2. Waive full reading and introduce Ordinance No. 965, by title only, amending certain sections of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code.

BACKGROUND:

On October 7, 2025, the California Department of Housing and Community Development ("HCD") issued the City a Letter of Technical Assistance requesting the City revise its zoning regulations to comply with Government Code section 65583.2 and the City's Housing Element ("HE") — Program 6. On January 23, 2023, the City adopted Ordinance No. 929 in an effort to comply with the required state law, however, HCD determined that the City's effort did not fully satisfy the Government Code section 65583.2 requirements.

On March 18, 2026, the Planning Commission adopted Resolution No. #PC 2026-02, attached hereto as Exhibit 1, recommending the City Council adopt Ordinance No. 965.

Both Government Code section 65583.2 and Program 6 of the HE require that, for properties identified as "reuse" and "rezone" sites in the HE, the City allow a density minimum of 20 units per acre and provide for "by -right" administrative procedures for projects that allocate at least 20 percent of units as low-income housing. The City's Reuse and Rezone sites can be found listed in Exhibit 5, attached hereto.

The proposed Ordinance is meant to satisfy HCD's request and continue the implementation of the programs identified in the City's 6th Cycle HE to address its Regional Housing Needs Allocation ("RHNA") for the 2021-2029 period.

The required City policies and state laws pertinent to this Ordinance are as follows:

Program 6 — Adequate Sites for Lower Income RHNA
• Pursuant to State law (AB 1397), amend the Zoning Ordinance in 2022 to provide by -right approval for projects that set -aside 20 percent of the units affordable to lower income households if the projects are located on:
o Reuse sites from the 5th cycle Housing Element (Table 4-5: Gotham Street Neighborhood — Vacant Sites).
o Rezone sites for the 6th cycle lower income RHNA (Table 4-7: Sites Identified for Rezoning) and 5600-5636 Shull Street.

Government Code section 65583.2 — In summary, establishes requirements related to minimum density for particular sites identified in housing elements, administrative procedures for particular sites identified in housing elements, and establishes a definition for "by -right." Project Description
The proposed Ordinance amends multiple provisions of the Bell Gardens Municipal Code (BGMC) to satisfy the request from HCD and the City's HE Program 6. The amendments include modifications to Title 9 (Zoning and Planning Regulations) sections: 9.04.020,

9.10.030, 9.10.040, 9.12.030, and 9.58.040. The modifications to each section are described in red below and depicted in attachment "Exhibit 2" as they will appear in the BGMC.

Section 9.04.020 ("B" Definitions) is modified to establish a definition for "By -Right", and shall read as follows:
"By -Right":
shall mean projects, or portions of a project, are approved ministerially, and shall not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a "project" for purposes of Division 13 of the Public Resources Code. By -right development shall also remain sub'ect to design review, design guidelines, and ob'ective standards found within the Bell Gardens Municipal Code.

Section 9.10.030 (Residential Permitted Land Uses) is modified to establish permitting procedures for HE "Reuse" and "Rezone" sites, and shall read as follows:

Table 9.10A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T:

Temporary Use
Dwellings,
multifamily
P
P
Properties within the City's Housing Element
identified as rezone or reuse sites shall be deemed
"by -right" if the proposed development includes a
minimum of 20% of the proposed units at low-
income.

Dwellings,
multifamily
apartment house
P
Properties within the City's Housing Element
identified as rezone or reuse sites shall be deemed
"by -right" if the proposed development includes a
minimum of 20% of the proposed units at low-
income.

Dwellings,
multifamily
condominiums
C
Refer to Division 3 of this title, Special Uses and
Prohibited Uses.

Properties within the City's Housing Element
identified as rezone or reuse sites shall be deemed
"by -right" if the proposed development includes a
minimum of 20% of the proposed units at low-
income.

Residential
condominium
projects
C
Refer to Division 3 of this title, Special Uses and
Prohibited Uses, for standards.

Residential
planned
development
C
C
C
Provided that the commission finds that the
proposed development, in addition to the provisions
of Chapter 9.50 BGMC, Variances and Conditional
Use Permits, is in general accord with the following
principles, standards and conditions:

That the plan provides as well or better for light and
air, for public safety and convenience, for protection
of property values and preservation of the general
welfare of the community. Refer to Division 4 of this
title, Supplemental Development Standards.

Properties within the City's Housing Element
identified as rezone or reuse sites shall be deemed
"by -right" if the proposed development includes a

Table 9.10A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T:

Temporary Use
minimum of 20% of the proposed units at low-
income.

Section 9.10.040 (Residential Development Standards) is modified to establish minimum density requirements for HE "Reuse" and "Rezone" sites, and shall read as follows:

Table 9.10B: Residential Development Standards Matrix
Development
Standards
R-1
R-2
R-3
Density (Maximum)3
1Front porches with a maximum width of 20 feet may encroach into the required front yard setback up to 20 percent of the setback area. In no instance shall a front setback be less than 10 feet.
2 Residential additions may continue a nonconforming side yard setback provided the addition does not encroach any more than three feet into the required setback, the addition does not expand the existing nonconforming setback by more than 50 percent, and all building division requirements are complied with. 3 Properties within the City's Housing Element identified as rezone or reuse sites shall be allowed a maximum density of 24 units per acre.
4A trellis or other roof connection shall not deem two detached structures as one; to avoid distance requirements, structures must share common walls; hallway connections shall not be considered common walls.
5With the exception of required garage or carport spaces, which are regulated by the number of required spaces.

Section 9.12.030 (Commercial Permitted Land Uses) is modified to establish permitting procedures for HE "Reuse" and "Rezone" sites, and shall read as follows:

Table 9.12A: Commercial Land Use Matrix*
Uses
M -U
Zone
C -S
Zone
C-3
Zone
C-4
Zone
C -M
Zone
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T:

Temporary Use
Residential, multiple -family and
condominium
C
Properties within the City's
Housing Element identified
as rezone or reuse sites
shall be deemed "by -right" if

Table 9.12A: Commercial Land Use Matrix*
Uses
M -U
Zone
C -S
Zone
C-3
Zone
C-4
Zone
C -M
Zone
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T:

Temporary Use
the proposed development
includes a minimum of 20%
of the proposed units at low-
income.

Section 9.58.040 (Type 3 Site Plan Review) is modified to establish permitting procedures for HE "Reuse" and "Rezone" sites, and shall read as follows:

A. SPR (Type 3). A Type 3 site plan review is subject to discretionary review by the planning commission. A Type 3 site plan review is required for the following types of projects:

1. Creation of five or more new residential dwelling units (condominium units are subject to approval of a conditional use permit per BGMC 9,20.140, Residential condominiums — Conditional use. Except that properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right", and not subject to this section, if the proposed development includes a minimum of 20% of the proposed units at low-income.

ENVIRONMENTAL REVIEW:

The City reviewed the environmental impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA). The proposed Ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The section states that projects that do not result in a direct or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review. The amendments clarify and update definitions, land use tables, development standards, and procedural requirements to ensure consistency with State housing law and the City's adopted Housing Element. The proposed changes do not authorize or approve any specific development project, nor do they result in a physical change to the environment.

PUBLIC INPUT:

Public Notice: On April 2, 2026, a duly noticed public hearing was published in the Bell Gardens Review, City Hall, John Anson Ford Park, Veterans Park, and the Department of Public Works.

Public Comments: During the Planning Commission public comment period on March 18, 2026, one speaker shared comments regarding this item. No written comments have been provided.

1. Nathan Nunez — March 18, 2026 Planning Commission Public Comment In summary, the speaker was in favor of affordability requirements but encourages the City to go beyond the minimum affordability requirements established by the state. The speaker encouraged exploring very low-income requirements and higher percentages. Lastly, the speaker expressed doubts on the application of the CEQA

exemption, and its applicability to future projects, and stated "I am wary of the language used to create such an exemption."
FISCAL IMPACT:

No fiscal impact.

CONCLUSION:

The proposed Ordinance will permit the City to be in compliance with State law requirements.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Acosta, Director of Community Development

ORDINANCE NO. 965

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING SECTIONS 9.04.020 ("B"
DEFINITIONS), 9.10.030 (RESIDENTIAL PERMITTED LAND USES),

9.10.040 (RESIDENTIAL DEVELOPMENT STANDARDS), 9.12.030
(COMMERCIAL PERMITTED LAND USES), AND 9.58.040 (TYPE 3 SITE PLAN REVIEW) OF TITLE 9 (ZONING AND PLANNING REGULATIONS)

OF THE BELL GARDENS MUNICIPAL CODE
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations; and
WHEREAS, on September 29, 2017, Assembly Bill 1397, codified in Government Code section 65583.2, establishes requirements related to minimum density for particular sites identified in housing elements, administrative procedures for particular sites identified in housing elements, and establishes a "by -right" definition; and WHEREAS, on October 7, 2025, the California Department of Housing and Community Development (HCD) issued to the City a Letter of Technical Assistance requesting the City revise its zoning regulations to comply with Government Code section 65583.2 and the City's Housing Element (HE) — Program 6; and WHEREAS, the City is in the process of implementing its 6th Cycle Housing Element (2021-2029), which identifies certain properties for reuse and rezoning to accommodate lower -income and other residential development needs; and WHEREAS, Program 6 of the Housing Element, "Adequate Sites for Lower - Income RHNA," requires the City to facilitate development on qualifying sites with at least 20% of units set aside for lower -income households, including through rezoning and by - right approvals; and
WHEREAS, amendments to Title 9 of the Bell Gardens Municipal Code are necessary to facilitate ministerial or by -right approvals, clarify permitting procedures, and adjust development standards and densities for sites identified in the Housing Element as "reuse" and "rezone" sites; and
WHEREAS, these amendments are intended to streamline housing development on identified sites, reduce discretionary reviews where appropriate, and ensure consistency with state housing laws and the City's Housing Element programs; and WHEREAS, on March 18, 2026, at a duly noticed public hearing, the Planning Commission reviewed the proposed amendments, along with the associated staff report

Ordinance No.965

Page 2 ends

and exhibits, and adopted Planning Commission Resolution No. 2026-02 recommending the City Council adopt Ordinance No. 965; and
WHEREAS, the City Council has reviewed the proposed amendments, along with the associated staff report and exhibits, and finds that the amendments are consistent with the City's General Plan, Zoning Code, and state housing law requirements; and WHEREAS, Ordinance No. 965 amends the City's Zoning Code to implement and comply with the changes required by Government Code section 65583.2; and WHEREAS, Ordinance No. 965 establishes a new definition of "By -Right" development by expressly stating that qualifying projects are approved ministerially and do not require discretionary approvals; and
WHEREAS, Ordinance No. 965 provides that "By -Right" does not exempt qualifying projects from design review, as permitted by Government Code section 65583.2(i); and
WHEREAS, Ordinance No. 965 revises footnotes and adds language that expressly permit a maximum density of 24 dwelling units per acre for properties identified in the Housing Element as "reuse" or "rezone" sites in compliance with Government Code section 65583.2(h); and
WHEREAS, Ordinance No. 965 revises the special requirements applicable to multiple -family residential and condominium uses within the mixed -use zoning districts; and
WHEREAS, Ordinance No. 965 expressly adds language to exempt Housing Element "reuse" or "rezone" sites from discretionary review requirements when the project qualifies as by -right by providing a minimum of 20 percent low-income units; and WHEREAS, a duly noticed public hearing notice was posted at City Hall, John Anson Ford Park, Veterans Park, the Department of Public Works, and published in the Daily Journal Corporation responsible for the Bell Gardens newspaper on April 2, 2026; and
WHEREAS, pursuant to California Government Code sections 65854 and 65090, the City Council conducted a duly noticed public hearing on April 13, 2026.

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

Ordinance No.965

Page 3 ends

SECTION 1. The Recitals set forth above are true and correct and incorporated into this Ordinance.

SECTION 2. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.04.020 ("B" Definitions) of the Bell Gardens Municipal Code is hereby amended to add the definition of "By -Right" to read as follows:
"By -Right"
shall mean projects, or portions of a project, are approved ministerially, and shall not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a "project" for purposes of Division 13 of the Public Resources Code. By -right development shall also remain sub'ect to design review, design guidelines, and objective standards found within the Bell Gardens Municipal Code.

SECTION 3. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.10.030 (Permitted Land Uses) of the BeII Gardens Municipal Code is hereby amended to modify Table 9.10A (Residential Land Use Matrix) to include language to the Supplemental Requirements for uses listed as "Dwellings, multifamily," "Dwellings, multifamily apartment houses," "Dwellings, multifamily condominiums," "Residential condominium projects," and "Residential planned development" to read as follows:

Table 9.10A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T: Temporary Use Dwellings,
multifamily
P
P
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by-richt" if the proposed develo3ment includes a minimum of 20% of the proposed units at low-income.

Dwellings,
multifamily
apartment house
P
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Dwellings,
multifamily
condominiums
C
Refer to Division 3 of this title, Special Uses and Prohibited Uses.

Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Residential
condominium
projects
C
Refer to Division 3 of this title, Special Uses and Prohibited Uses, for standards,
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Ordinance No.965

Page 4 ends

Table 9.10A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T: Temporary Use Residential
planned
development
C
C
C
Provided that the commission finds that the proposed development, in addition to the provisions of Chapter 9.50 BGMC, Variances and Conditional Use Permits, is in general accord with the following principles, standards and conditions:

That the plan provides as well or better for light and air, for public safety and convenience, for protection of property values and preservation of the general welfare of the community. Refer to Division 4 of this title, Supplemental Development Standards.

Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by-richt" if the proposed development includes a minimum of 20% of the Droposed units at low-income.

SECTION 4. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.10.040 (Development Standards) of the Bell Gardens Municipal Code is hereby amended to modify Table 9.10B (Residential Development Standards Matrix) to include language and numbering for "Density (Maximum)," "Distance Between Buildings on Same Lot," "Maximum Size," and footnotes, and remove original numbering for "Distance Between Buildings on Same Lot," "Maximum Size," and footnotes to read as follows:

Table 9.10B: Residential Development Standards Matrix
Development Standards
R-1
R-2
R-3
Density (Maximum)3
Units per Lot
1 max.
3 units max.

Under 5,000 sf: 1 unit
max.

Over 5,000 sf: 1 unit per
2,500 sf
Apartments
Under 5,000 sf: 1 unit max.
5,000 — 14,999: 1 unit per
2,500 sf
15,000 - 43,560: 1 unit per
2,000 sf
43,560 and over: 1 unit per
1,750 sf
Condominiums
Under 5,000: 1 unit max.
5,000 — 14,999: 1 unit per
2,000 sf
15,000 - 43,560: 1 unit per
1,625 sf
43,560 and over: 1 unit per
1,400 sf

Ordinance No.965

Page 5 ends

Development Standards
R-1
R-2
R-3
Distance Between Buildings on Same Lot34
Accessory Structures Location and Size
Location
Refer to BGMC 9.46.040, Location of accessory buildings in residential yards Maximum Size4
30% of primary
structure floor area
but no more than
1,200 sq. ft.
30% of primary structure
floor area but no more
than 1,200 sq. ft.

N/A
'Front porches with a maximum width of 20 feet may encroach into the required front yard setback up to 20 percent of the setback area. In no instance shall a front setback be less than 10 feet. 'Residential additions may continue a nonconforming side yard setback provided the addition does not encroach any more than three feet into the required setback, the addition does not expand the existing nonconforming setback by more than 50 percent, and all building division requirements are complied with. 3 Properties within the City's Housinc Element identified as rezone or reuse sites shall be allowed a maximum density of 24 units per acre.
shall not deem two detached structures as one; to avoid distance common walls; hallway connections shall not be considered common walls. garage or carport spaces, which are regulated by the number of required 34A trellis or other roof connection
requirements, structures must share
45With the exception of required
spaces.

SECTION 5. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.12.030 (Permitted Land Uses) of the Bell Gardens Municipal Code is hereby amended to modify Table 9.12A (Commercial Land Use Matrix) to include language to the Supplemental Requirements for uses listed as "Residential, multiple -family and condominium" to read as follows:

Table 9.12A: Commercial Land Use Matrix*
Uses
M -U
Zone
C -S
Zone
C-3
Zone
C-4
Zone
C -M
Zone
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Residential, multiple -family and
condominium
C
Properties within the City's Housing
Element identified as rezone or reuse
sites shall be deemed "by -right" if the
proposed development includes a
minimum of 20% of the oroposed units
at low-income.

SECTION 6. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.58.040 (Type 3 Site Plan Review), subsection (A)(1) (SPR (Type 3)), of the Bell Gardens Municipal Code is hereby amended to include language for Type 3 Site Plan Review to read as follows:

9.58.040 Type 3 site plan review.

Ordinance No.965

Page 6 ends

A. SPR (Type 3). A Type 3 site plan review is subject to discretionary review by the planning commission. A Type 3 site plan review is required for the following types of projects:

1. Creation of five or more new residential dwelling units (condominium units are subject to approval of a conditional use permit per BGMC 9.20.140, Residential condominiums — Conditional use. Except that properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right", and not subject to this section, if the proposed development includes a minimum of 20% of the proposed units at low-income.

SECTION 7. In accordance with the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City Council finds that approval of Zoning Code Amendment No. PLN26- 000007 is exempt from the requirements of CEQA pursuant to Public Resources Code Section 15061(b)(3) (Common Sense Exemption), which provides that proposed actions which do not result in a direct, or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review.

SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 9. The City Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development after adoption.

SECTION 10. The City Clerk shall certify the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

Ordinance No.965

Page 7 ends

PASSED, APPROVED and ADOPTED this 13 day of April, 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
I, Daisy Gomez, City Clerk of the City of BeII Gardens, hereby CERTIFY that City Council Ordinance No. 965 was introduced and placed upon its first reading at a regular meeting of the BeII Gardens City Council held on , 2026 and that thereafter said Ordinance was duly adopted at a regular meeting of the BeII Gardens City Council held on Monday, , 2026 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk

RESOLUTION #PC 2026-02

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BELL GARDENS, CALIFORNIA RECOMMENDING APPROVAL BY THE
CITY COUNCIL OF ZONING CODE AMENDMENTS (PLN26-000007) TO TITLE 9 (ZONING AND PLANNING REGULATIONS) SECTION 9.04.020 ("B" DEFINITIONS), SECTION 9.10.030 (RESIDENTIAL PERMITTED LAND USES), SECTION 9.10.040 (RESIDENTIAL DEVELOPMENT
STANDARDS), SECTION 9.12.030 (COMMERCIAL PERMITTED LAND USES), AND SECTION 9.58.040 (TYPE 3 SITE PLAN REVIEW)TO

ESTABLISH STANDARDS APPLICABLE TO PROPERTIES IDENTIFIED

IN THE CITY'S HOUSING ELEMENT AS REUSE AND REZONE SITES WHEREAS, the City of Bell Gardens (City) is a general law city, incorporated under the laws of the State of California;
WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations;
WHEREAS, on September 29, 2017, Assembly Bill (AB) 1397, codified in Government Code Section 65583.2, establishes requirements related to minimum density for particular sites identified in housing elements, administrative procedures for those particular sites identified in housing elements, and establishes a "by right" definition;
WHEREAS, on October 7, 2025, the California Department of California Department of Housing and Community Development (HCD) issued a Letter of Technical Assistance to the City, requesting the City revise its zoning ordinance to comply with Government Code Section 65583.2 and the City's Housing Element (HE) — Program 6; WHEREAS, the City is in the process of implementing its 6th Cycle Housing Element (2021-2029), which identifies certain properties for reuse and rezoning to accommodate lower -income and other residential development needs; WHEREAS, Program 6 of the Housing Element, "Adequate Sites for Lower - Income RHNA," requires the City to facilitate development on qualifying sites with at least 20% of units set aside for lower -income households, including through rezoning and by - right approvals;
WHEREAS, amendments to Title 9 of the Bell Gardens Municipal Code are necessary to facilitate ministerial, or by -right, approvals, clarify permitting procedures, and adjust development standards and densities for sites identified in the Housing Element as "reuse" and "rezone" sites;
WHEREAS, these amendments are intended to streamline housing development on identified sites, reduce discretionary review where appropriate, and ensure consistency with state housing laws and the City's Housing Element programs; WHEREAS, the Planning Commission has reviewed the proposed amendments,

Resolution #PC 2026-02

Page 2 ends

along with the associated staff report and exhibits, and finds that the amendments are consistent with the City's General Plan, Zoning Code, and state housing law requirements;
WHEREAS, Draft Ordinance No. 965 amends the City's Zoning Code to implement and comply with the changes required by Government Code Section 65583.2; WHEREAS, Draft Ordinance No. 965 establishes a new definition of "By -Right" development by expressly stating that qualifying projects are approved ministerially and do not require discretionary approvals;
WHEREAS, Draft Ordinance No. 965, as permitted by Government Code Section 65583.2(i), provides that "By -Right" approval does not exempt qualifying projects from design review;
WHEREAS, Draft Ordinance No. 965 revises footnotes and adds language that expressly permits a maximum density of 24 dwelling units per acre for properties identified in the Housing Element as "reuse" or "rezone" sites in compliance with Government Code Section 65583.2(h);
WHEREAS, Draft Ordinance No. 965 revises the special requirements applicable to multiple -family residential and condominium uses within the mixed -use zoning districts;
WHEREAS, Draft Ordinance No. 965 expressly adds language to exempt Housing Element "reuse" or "rezone" sites from discretionary review requirements when the project qualifies as by -right by providing a minimum of 20 percent low-income units; WHEREAS, a public hearing notice for Planning Commission Resolution #2026-02 was posted at City Hall, John Anson Ford Park, Veterans Park, the Department of Public Works, and published in the Daily Journal Corporation responsible for the Bell Gardens newspaper on February 26, 2026;
WHEREAS, pursuant to California Government Code Sections 65854 and 65090, the Planning Commission conducted a duly noticed public hearing on March 18, 2026.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BELL GARDENS HEREBY RESOLVES AND DETERMINES AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct and hereby incorporated by this reference as is set forth in full herein.

SECTION 2. The Planning Commission hereby adopts this Resolution #2026-02 recommending to the City Council the approval of Zoning Code Amendment No. PLN26- 000007 and adoption of Ordinance No. 965.

Resolution #PC 2026-02

Page 3 ends

SECTION 3. In accordance with the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),the Planning Commission finds that Planning Commission Resolution #2026-02 recommending City Council approval of Zoning Code Amendment No. PLN26-000007 is exempt from the requirements of CEQA pursuant to Public Resources Code Section 15061(b)(3) (Common Sense Exemption), which provides that that do not result in a direct, or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review.

SECTION 4. The Planning Commission of the City of BeII Gardens hereby transmits and recommends to the City Council approval of Zoning Code Amendment No.

PLN26-000007 and adoption of Proposed Ordinance No. 965, attached hereto to this resolution as Attachment "A," amending the BeII Gardens Municipal Code Title 9 (Zoning and Planning Regulations) Section 9.04.020 ("B" Definitions), Section 9.10.030 (Residential Permitted Land Uses), Section 9.10.040 (Residential Development Standards), Section 9.12.030 (Commercial Permitted Land Uses), and Section 9.58.040 (Type 3 Site Plan Review).

PASSED, APPROVED AND ADOPTED this 18th day of March 2026.

CARLOS JOSE BARRERA, VICE CHAIRPERSON
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Bell Gardens at a regular meeting thereof, held on the 18th day of March, 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

COMMISSIONERS:

ANALYZAVALA, PLANNING SECRETARY

Resolution #PC 2026-02

Page 4 ends

"Attachment A"
ORDINANCE NO. 965

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA AMENDING TITLE 9 (ZONING AND
PLANNING REGULATIONS) SECTION 9.04.020 ("B" DEFINITIONS), SECTION 9.10.030 (RESIDENTIAL PERMITTED LAND USES), SECTION

9.10.040 (RESIDENTIAL DEVELOPMENT STANDARDS), SECTION

9.12.030 (COMMERCIAL PERMITTED LAND USES), AND SECTION

9.58.040 (TYPE 3 SITE PLAN REVIEW)TO ESTABLISH STANDARDS

APPLICABLE TO PROPERTIES IDENTIFIED IN THE CITY'S HOUSING

ELEMENT AS REUSE AND REZONE SITES
WHEREAS, the City of Bell Gardens (City) is a general law city, incorporated under the laws of the State of California;
WHEREAS, WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations;
WHEREAS, on September 29, 2017, Assembly Bill (AB) 1397, codified in Government Code Section 65583.2, establishes requirements related to minimum density for those particular sites identified in housing elements, administrative procedures for particular sites identified in housing elements, and establishes a "by right" definition;
WHEREAS, on October 7, 2025, the California Department of California Department of Housing and Community Development (HCD) issued the City a Letter of Technical Assistance requesting the City revise its zoning regulations to comply with Government Code Section 65583.2 and the City's Housing Element (HE) — Program 6; WHEREAS, the City is in the process of implementing its 6th Cycle Housing Element (2021-2029), which identifies certain properties for reuse and rezoning to accommodate lower -income and other residential development needs; WHEREAS, Program 6 of the Housing Element, "Adequate Sites for Lower - Income RHNA," requires the City to facilitate development on qualifying sites with at least 20% of units set aside for lower -income households, including through rezoning and by - right approvals;
WHEREAS, amendments to Title 9 of the Bell Gardens Municipal Code are necessary to facilitate ministerial, or by -right, approvals, clarify permitting procedures, and adjust development standards and densities for sites identified in the Housing Element as "reuse" and "rezone" sites;
WHEREAS, these amendments are intended to streamline housing development

Resolution #PC 2026-02

Page 5 ends

on identified sites, reduce discretionary review where appropriate, and ensure consistency with state housing laws and the City's Housing Element programs; WHEREAS, on March 18, 2026, at a duly noticed public hearing, the Planning Commission reviewed the proposed amendments, along with the associated staff report and exhibits, and adopted Planning Commission Resolution No. 2026-02 recommending the City Council adopt Ordinance No. 965;
WHEREAS, the City Council has reviewed the proposed amendments, along with the associated staff report and exhibits, and finds that the amendments are consistent with the City's General Plan, Zoning Code, and state housing law requirements; WHEREAS, Ordinance No. 965 amends the City's Zoning Code to implement and comply with the changes required by Government Code Section 65583.2; WHEREAS, Ordinance No. 965 establishes a new definition of "By -Right" development by expressly stating that qualifying projects are approved ministerially and do not require discretionary approvals;
WHEREAS, Draft Ordinance No. 965 provides that "By -Right" does not exempt qualifying projects from design review, as permitted by Government Code Section 65583.2(i);
WHEREAS, Ordinance No. 965 revises footnotes and add language that expressly permit a maximum density of 24 dwelling units per acre for properties identified in the Housing Element as "reuse" or "rezone" sites in compliance with Government Code Section 65583.2(h);
WHEREAS, Ordinance No. 965 revises the special requirements applicable to multiple -family residential and condominium uses within the mixed -use zoning districts; WHEREAS, Ordinance No. 965 expressly adds language to exempt Housing Element "reuse" or "rezone" sites from discretionary review requirements when the project qualifies as by -right by providing a minimum of 20 percent low-income units; WHEREAS, a public hearing notice for the City Council was posted at City Hall, John Anson Ford Park, Veterans Park, the Department of Public Works, and published in the Daily Journal Corporation responsible for the Bell Gardens newspaper on 2026;
WHEREAS, pursuant to California Government Code Sections 65854 and 65090, the City Council conducted a duly noticed public hearing on , 2026.

Resolution #PC 2026-02

Page 6 ends

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

SECTION 1. The Recitals set forth above are true and correct and incorporated into this Ordinance.

SECTION 2. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.04.020 ("B" Definitions) of the Bell Gardens Municipal Code is hereby amended to add the definition of "By -Right" to read as follows:
"By -Right"
shall mean projects, or portions of a pro'ect, are approved ministerially, and shall not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a "pro'ect" for purposes of Division 13 of the Public Resources Code. By -right development shall also remain subject to design review, design guidelines, and objective standards found within the Bell Gardens Municipal Code.

SECTION 3. BeII Gardens Municipal Code Title 9, Planning and Zoning, Section

9.10.030 (Permitted Land Uses) of the BeII Gardens Municipal Code is hereby amended to modify Table 9.10A (Residential Land Use Matrix), to include language to the Supplemental Requirements for uses listed as "Dwellings, multifamily," "Dwellings, multifamily apartment houses," "Dwellings, multifamily condominiums," "Residential condominium projects," and "Residential planned development" to read as follows:

Table 9.10A: Residential Land Use Matrix*
Uses
R-1 R-2
Zone Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T: Temporary Use Dwellings,
multifamily
Dwellings,
multifamily
apartment house
Dwellings,
multifamily
condominiums
P
P
P
C
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the tar goosed units at low-income.

Properties within the City€s Housin Element identified as rezone or reuse sites shall be deemed "b right" if the proposed development includes a minimum of 20% of the roposed units at low-income., Refer to Division 3 of this title, Special Uses and Prohibited Uses.

Proaerties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes aminimum of 20% of the proposed units at low-income.

Resolution #PC 2026-02

Page 7 ends

Table 9.10A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T: Temporary Use Residential
condominium
projects
Residential planned
development
C
C
C
C
Refer to Division 3 of this title, Special Uses and Prohibited Uses, for standards.

Properties within the Citys Housing Element identified as rezone or reuse sites shall be deemec "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income,,_ Provided that the commission finds that the proposed development, in addition to the provisions of Chapter 9.50 BGMC, Variances and Conditional Use Permits, is in general accord with the following principles, standards and conditions:

That the plan provides as well or better for light and air, for public safety and convenience, for protection of property values and preservation of the general welfare of the community. Refer to Division 4 of this title, Supplemental Development Standards.

Properties within the City's Housing Element lcentifiec as rezone or reuse sites shall be deemed "by -right" if the proposec cevelopment includes a minimum of 20% of the proposed units at low-income.

SECTION 4. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.10.040 (Development Standards) of the Bell Gardens Municipal Code is hereby amended to modify Table 9.10B (Residential Development Standards Matrix), to include language and numbering for "Density (Maximum)," "Distance Between Buildings on Same Lot," "Maximum Size," and footnotes and remove original numbering for "Distance Between Buildings on Same Lot," "Maximum Size," and footnotes to read as follows:

Table 9.10B: Residential Development Standards Matrix
Development Standards
Density (Maximum)3
Units per Lot
R-1
1 max.

R-2
3 units max.

Under 5,000 sf: 1 unit
max.

Over 5,000 sf: 1 unit per
2,500 sf
R-3
Apartments
Under 5,000 sf: 1 unit max.
5,000 - 14,999: 1 unit per
2,500 sf
15,000 - 43,560: 1 unit per
2,000 sf
43,560 and 1 unit per
over: 1,750 sf

Resolution #PC 2026-02

Page 8 ends

Development Standards
R-1
R-2
R-3
Condominiums
Under 5,000: 1 unit max.
5,000 - 14,999:
1 unit per
2,000 sf
15,000 - 43,560: 1 unit per
1,625 sf
43,560 and 1 unit per
over: 1,400 sf
Distance Between Buildings on Same Lot -34
Accessory Structures Location and Size
Location
Maximum Size4s
Refer to BGMC 9.4E .Q40, Location of accessory buildings in residential yards 30% of primary
structure floor
area but no more
than 1,200 sq. ft.
30% of primary
structure floor area but
no more than 1,200 sq.
ft.

N/A
1Front porches with a maximum width of 20 feet may encroach into the required front yard setback up to 20 percent of the setback area. In no instance shall a front setback be less than 10 feet.

RResidential additions may continue a nonconforming side yard setback provided the addition does not encroach any more than three feet into the required setback, the addition does not expand the existing nonconforming setback by more than 50 percent, and all building division requirements are complied with.
3 Properties within the City's Housing Element identified as rezone or reuse sites shall be allowed a maximum density of 24 units per acre.
34A trellis or other roof connection shall not deem two detached structures as one; to avoid distance requirements, structures must share common walls; hallway connections shall not be considered common walls.
45With the exception of required garage or carport spaces, which are regulated by the number of required spaces.

SECTION 5. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.12.030 (Permitted Land Uses) of the Bell Gardens Municipal Code is hereby amended to modify Table 9.12A (Commercial Land Use Matrix), to include language to the Supplemental Requirements for uses listed as "Residential, multiple -family and condominium" to read as follows:

Resolution #PC 2026-02

Page 9 ends

Table 9.12A: Commercial Land Use Matrix*
Uses
M -U
Zone
C -S
Zone
C-3
Zone
C-4
Zone
C -M
Zone
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Residential, multiple -family and
condominium
C
Properties within the City's Housing
Element ident'fed as rezone or
reuse sites sha be deemec "by
right" if the proposec development
includes a minimum of 20% of the
proposed units at low-income.

SECTION 6. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.58.040 (Type 3 Site Plan Review), subsection (A)(1) (SPR (Type 3)) of the Bell Gardens Municipal Code is hereby amended to include language for Type 3 Site Plan Review to read as follows:

9.58.040 Type 3 site plan review.

A. SPR (Type 3). A Type 3 site plan review is subject to discretionary review by the planning commission. A Type 3 site plan review is required for the following types of projects:

1. Creation of five or more new residential dwelling units (condominium units are subject to approval of a conditional use permit per BGMC 9.20.140, Residential condominiums — Conditional use. Except that properties within the Citv's Housing Element identified as rezone or reuse sites shall be deemed "by -right", and not subject to this section, if the proposed development includes a minimum of 20% of the proposed units at low-income.

SECTION 7. In accordance with the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City Council finds that approval of Zoning Code Amendment No. PLN26- 000007 is exempt from the requirements of CEQA pursuant to Public Resources Code Section 15061(b)(3) (Common Sense Exemption), which provides that that do not result in a direct, or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review.

Resolution #PC 2026-02

Page 10 ends

subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 9. The City/Deputy Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development after adoption.

SECTION 10. The City Clerk shall certify the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 18 day of March, 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Ordinance No. 965 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on , 2026 and that thereafter said Ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on Monday, , 2026 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk

TO:

CITY OF BELL GARDENS

COMMUNITY DEVELOPMENT DEPARTMENT

AGENDA REPORT
Honorable Chair and Members of the Planning Commission
SUBMITTED BY: Manuel Acosta, Director of Community Development REVIEWED BY: Alfonso Hernandez, City Planner
PREPARED BY: Adrian Andujo, Associate Planner
SUBJECT: PLN26-000007 (ZONE CODE AMENDMENT) A REQUEST TO AMEND THE BELL GARDENS MUNICIPAL CODE TITLE 9
(ZONING AND PLANNING REGULATIONS), SECTION 9.04.020
("B" DEFINITIONS), SECTION 9.10.030 (RESIDENTIAL
PERMITTED LAND USES), SECTION 9.10.040 (RESIDENTIAL
DEVELOPMENT STANDARDS), SECTION 9.12.030
(COMMERCIAL PERMITTED LAND USES), AND SECTION

9.58.040 (TYPE 3 SITE PLAN REVIEW), OF THE BELL GARDENS

MUNICIPAL CODE RELATING TO PERMITTING PROCEDURES

AND DENSITIES FOR SITES IDENTIFIED IN THE CITY'S
HOUSING ELEMENT AS REUSE AND REZONE SITES.

DATE: March 18, 2026
RECOMMENDATION:

It is Staff's recommendation that the Planning Commission:

1. Recommend the City Council determines that the proposed Zone Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

2. Adopt Planning Commission Resolution #PC 2026-02 (Exhibit 1) approving:
a. A resolution of the Planning Commission of the City Of Bell Gardens recommending approval by the City Council of Zoning Code Amendments (PLN26-000007) to Title 9 (Zoning and Planning Regulations) Section

9.10.030 (Residential Permitted Land Uses), Section 9.12.030 (Commercial Permitted Land Uses), Section 9.10.040 (Residential Development Standards), Section 9.58.040 (Type 3 Site Plan Review), and Section 9.04.020 ("B" Definitions) to establish standards applicable to properties identified in the City's Housing Element as reuse and rezone sites.

BACKGROUND/DISCUSSION:

On October 7, 2025, the California Department of Housing and Community Development (HCD) issued the City a Letter of Technical Assistance requesting the City revise its zoning regulations to comply with Government Code Section 65583.2 and the City's Housing Element (HE) — Program 6. On January 23, 2023, the City adopted Ordinance No. 929, in an effort to comply with the required state law, however HCD determined that the City's previous effort did not fully satisfy the government code requirements.

Both the government code section and Program 6 of the HE require that, for properties identified in the City's HE as "reuse" and "rezone" sites, the City allow a density minimum of 20 units per acre and "by -right" administrative procedures for projects allocating a minimum of 20 percent of units at low-income. The City's Reuse and Rezone sites can be found listed in attachment "Exhibit 3."
This Zone Code Amendment (ZCA) is an effort to satisfy HCD's request and continue the implementation of the programs identified in the City's 6th Cycle HE to address its Regional Housing Needs Allocation (RHNA) for the 2021-2029 period.

The required City policies and state laws pertinent to this ZCA are as follows:

Programs 6 — Adequate Sites for Lower Income RHNA
• Pursuant to State law (AB 1397), amend the Zoning Ordinance in 2022 to provide by -right approval for projects that set -aside 20 percent of the units affordable to lower income households if the projects are located on:
o Reuse sites from the 5th cycle Housing Element (Table 4-5: Gotham Street Neighborhood — Vacant Sites).
o Rezone sites for the 6th cycle lower income RHNA (Table 4-7: Sites Identified for Rezoning) and 5600-5636 Shull Street.

Government Code Section 65583.2 — In summary, establishes requirements related to minimum density for particular sites identified in housing elements, administrative procedures for particular sites identified in housing elements, and establishes a definition for "by -right."
Zone Code Amendment
The proposed ZCA updates multiple provisions of the Bell Gardens Municipal Code (BGMC) to satisfy the request from HCD and the City's HE Program 6. The amendments include modifications to Title 9 (Zoning And Planning Regulations) sections: 9.04.020,

9.10.030, 9.10.040, 9.12.030, and 9.58.040. The modifications to each section are described in red below and depicted in attachment "Exhibit 2" as they will appear in the BGMC.

Section 9.04.020 ("B" Definitions) is modified to establish a definition for "By -Right", and shall read as follows:
y- i t
shall mean projects, or portions of a project, are approved ministerially, and shall not require a conditional use permit, planned unit development permit, or other

discretionary review or approval that would constitute a "project" for purposes of Division 13 of the Public Resources Code. By -right development shall also remain subject to design review, design guidelines, and objective standards found within the Bell Gardens unicipal Code.

Section 9.10.030 (Residential Permitted Land Uses) is modified to establish permitting procedures for HE "Reuse" and "Rezone" sites, and shall read as follows:

Table 9.1©A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T: Temporary Use Dwellings,
multifamily
P
P
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income, Dwellings,
multifamily
apartment house
P
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Dwellings,
multifamily
condominiums
C
Refer to Division 3 of this title, Special Uses and Prohibited Uses.

Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Residential
condominium
projects
C
Refer to Division 3 of this title, Special Uses and Prohibited Uses, for standards.

Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Residential planned
development
C
C
C
Provided that the commission finds that the proposed development, in addition to the provisions of Chapter 9.50 BGMC, Variances and Conditional Use Permits, is in general accord with the following principles, standards and conditions:

That the plan provides as well or better for light and air, for public safety and convenience, for protection of property values and preservation of the general welfare of the community. Refer to Division 4 of this title, Supplemental Development Standards.

Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income,

Section 9.10.040 (Residential Development Standards) is modified to establish minimum density requirements for HE "Reuse" and "Rezone" sites, and shall read as follows:

Table 9.14B: Residential Development Standards Matrix
Development Standards
R-1
R-2
R-3
Density (Maximum)3
'Front porches with a maximum width of 20 feet may encroach into the required front yard setback up to 20 percent of the setback area. In no instance shall a front setback be less than 10 feet. 'Residential additions may continue a nonconforming side yard setback provided the addition does not encroach any more than three feet into the required setback, the addition does not expand the existing nonconforming setback by more than 50 percent, and all building division requirements are complied with.

Properties within the City's Housing Element identified as rezone or reuse sites shall be allowed a maximum density of 24 units per acre.
4A trellis or other roof connection shall not deem two detached structures as one; to avoid distance requirements, structures must share common walls; hallway connections shall not be considered common walls. 'With the exception of required garage or carport spaces, which are regulated by the number of required spaces.

Section 9.12.030 (Commercial Permitted Land Uses) is modified to establish permitting procedures for HE "Reuse" and "Rezone" sites, and shall read as follows:

Table ,12A: Co ercial Land Use Matrix*
Uses
M -U
Zone
C -S
Zone
C-3
Zone
C-4
Zone
C -M
Zone
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Residential, multiple -family and
condominium
C
Properties within the City's Housing
Element identified as rezone or
reuse sites shall be deemed "by -
right" if the proposed development
includes a minimum of 20% of the
proposed units at low-income.

Section 9.58.040 (Type 3 Site Plan Review) is modified to establish permitting procedures for HE "Reuse" and "Rezone" sites, and shall read as follows:

A. SPR (Type 3). A Type 3 site plan review is subject to discretionary review by the planning commission. A Type 3 site plan review is required for the following types of projects:

1. Creation of five or more new residential dwelling units (condominium units are subject to approval of a conditional use permit per BGMC 9.20.140, Residential condominiums - Conditional use. Except that properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right", and not subject to this section, if the proposed development includes a minimum of 20% of the proposed units at low-income.

ENVIRONMENTAL REVIEW:

The city reviewed the environmental impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA). The proposed Zone Code Amendment is exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

The section states that projects that do not result in a direct, or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review. The amendments clarify and update definitions, land use tables, development standards, and procedural requirements to ensure consistency with State housing law and the City's adopted Housing Element. The proposed changes do not authorize or approve any specific development project, nor do they result in a physical change to the environment.

PUBLIC INPUT:

Public Notice: On February 26, 2026, a notice of the pending public hearing before the Planning Commission was published in the Bell Gardens Review.

Public Comments: As of the date that this report was published, Staff has received no correspondence in response to the public hearing about this item.

CONCLUSION:

Staff recommends the Planning Commission adopt Planning Commission Resolution #PC 2026-02 recommending the City Council adopt Zoning Code Amendment (PLN26- 000007).

Belt Gardens Municipal Code
Title 9 (Zoning and Planning Regulations) Modifications

9.04.020 "B" definitions.
y
ight":

Shall mean projects, or portions of a project, are approved ministerially, and shall not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a "project" for purposes of Division 13 of the Public Resource Code. By -right development shall also remain subject to design review, design guidelines, and objective standards found within the Bell Gardens Municipal Code.

9.10.030 Permitted land uses.

Table ,1©A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T: Temporary Use Dwellings,
multifamily
P
P
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Dwellings,
multifamily
apartment house
P
Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Dwellings,
multifamily
condominiums
C
Refer to Division 3 of this title, Special Uses and Prohibited Uses.

Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Residential
condominium
projects
C
Refer to Division 3 of this title, Special Uses and Prohibited Uses, for standards.

Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

Residential planned
development
C
C
C
Provided that the commission finds that the proposed development, in addition to the provisions of Chapter 950 BGMC, Variances and Conditional Use Permits, is in general accord with the following principles, standards and conditions:

That the plan provides as well or better for light and air, for public safety and convenience, for protection of property values and preservation of the general welfare of the community. Refer to Division 4 of this title, Supplemental Development Standards.

Table 9.10A: Residential Land Use Matrix*
Uses
R-1
Zone
R-2
Zone
R-3
Zone
Supplemental Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review T: Temporary Use Properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right" if the proposed development includes a minimum of 20% of the proposed units at low-income.

9.10.040 Development standards.

Table 9.10B: Residential Development Standards Matrix
Development Standards
R-1
R-2
R-3
Density (Maximum)3
Units per Lot
1 max.
3 units max.

Under 5,000 sf: 1 unit
max.

Over 5,000 sf: 1 unit per
2,500 sf
Apartments
Under 5,000 sf: 1 unit max.
5,000 - 14,999: 1 unit per
2,500 sf
15,000 - 43,560: 1 unit per
2,000 sf
43,560 and 1 unit per
over: 1,750 sf
Condominiums
Under 5,000: 1 unit max.
5,000 - 14,999: 1 unit per
2,000 sf
15,000 - 43,560: 1 unit per
1,625 sf
43,560 and 1 unit per
over: 1,400 sf
Distance Between Buildings on Same Lot'
Accessory Structures Location and Size
Location
Refer to BGMC 9,46.©4J, Location of accessory buildings in residential yards Maximum Size'
30% of primary
structure floor
area but no more
than 1,200 sq. ft.
30% of primary
structure floor area but
no more than 1,200 sq.
ft.

N/A
1Front porches with a maximum width of 20 feet may encroach into the required front yard setback up to 20 percent of the setback area. In no instance shall a front setback be less than 10 feet.

Development Standards
R-1
R-2
R-3
2Residential additions may continue a nonconforming side yard setback provided the addition does not encroach any more than three feet into the required setback, the addition does not expand the existing nonconforming setback by more than 50 percent, and all building division requirements are complied with.

Properties within the City's Housing Element identified as rezone or reuse sites shall be allowed a maximum density of 24 units per acre.
°A trellis or other roof connection shall not deem two detached structures as one; to avoid distance requirements, structures must share common walls; hallway connections shall not be considered common walls.

With the exception of required garage or carport spaces, which are regulated by the number of required spaces.

9.12.030 Permitted land uses.

Table 9.12A: Commercial Land Use Matirix*
Uses
M -U
Zone
C -S
Zone
C-3
Zone
C-4
Zone
C -M
Zone
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Residential, multiple -family and
condominium
C
Properties within the City's Housing
Element identified as rezone or
reuse sites shall be deemed "by -
right" if the proposed development
includes a minimum of 20% of the
proposed units at low-income.

9.58.040 Type 3 site plan review.

A. SPR (Type 3). A Type 3 site plan review is subject to discretionary review by the planning commission. A Type 3 site plan review is required for the following types of projects:

1. Creation of five or more new residential dwelling units (condominium units are subject to approval of a conditional use permit per BGMC 920,140, Residential condominiums - Conditional use. Except that properties within the City's Housing Element identified as rezone or reuse sites shall be deemed "by -right", and not subject to this section, if the proposed development includes a minimum of 20% of the proposed units at low-income.

City of Bell Gardens 6th Cycle Housing Element Reuse Sites Table 4-5: Gotham Street Neighborhood — Vacant Sites
Address/
APN
GP
Zoning
Existing Use
Acres
Potential
Units
Income/
Affordability
5500 Quinn St.
6227-026-001
High Density
Multiple Res.

R-3
Vacant

0.18 4
Above
Moderate
6030 Gage Ave.
6330-017-052
High Density
Multiple Res.

R-3
Vacant

0.26 6
Above
Moderate
City of Bell Gardens 6th C cly a Housing Element Rezone Sites Table 4-7: Sites Identified for Rezoning
Address/
APN
Current
GP/Zoning
Proposed
Zoning
Existing Use
Acres
Potential
Units
Income/
Affordability
Rezone Site #1
C-3 and R-3
R-3
Mostly vacant site
with split zoning;
site has a boarded
up home

2.80 62
Lower
6262 Gage Ave.
6330-018-075
Rezone Site #2
My1
R-3
This site is
comprised of three
parcels, two of
which are vacant.

One parcel has a
6,545 -square -foot
building on a 1.4 -
acre lot (or an
existing FAR of only

0.11). The building
was constructed in
1979

5.36 118
Lower
6358-019-005
(Vacant — No
Address)
6863 Florence PI
6358-019-006
(Vacant)
6814 Suva St
6358-019-026
(Small building)
6358-019-027
(Vacant — No
Address)
6845 Florence PI
6348-019-028
(Vacant)
Note: For the purposes of this document, the red outlined text is not representative of any particular information. The tables above are represented as they appear in the City's certified Housing Element.

STATE OF CALIFORN A - BUSINESS, CONSLMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.cav
October 7, 2025
Alfonso Hernandez, City Planner
City of BeII Gardens
7100 Garfield Ave
BeII Gardens, CA 90201
RE: City of Bell Gardens Rezone Implementation — Letter of Technical Assistance Dear Alfonso Hernandez:

The purpose of this letter is to provide technical assistance regarding the implementation of Program 6 (Adequate Sites for Lower Income RHNA) to rezone sites to accommodate the Regional Housing Needs Allocation (RHNA) and to allow by -right processing of sites identified in previous housing elements pursuant to Government Code section 65583.2, subdivision (c).

On March 14, 2025, the California Department of Housing and Community Development (HCD) sent a Letter of Inquiry to the City of BeII Gardens (City) regarding the completion of Program 6. HCD received a response from the City which shared documentation of the completed rezoning program through the adoption of Ordinance No. 929 on January 23, 2023, as well as the final land use and zoning maps for the City which went into effect on April 5, 2023. HCD reviewed the documentation submitted by the City and has determined that, while the ordinance meets several requirements of state law, the City must demonstrate the rezonings meet all requirements in Government Code sections 65583.2 (h) and (i).

Specifically, while the City's Municipal Code establishes a minimum density standard in R-3 zones of 4 units per parcel, Ordinance No. 929 does not apply the required minimum density standard of 20 dwelling units per acre for all sites rezoned to meet the City's lower -income RHNA shortfall.1 Additionally, the ordinance does not indicate if the City permits owner -occupied and rental multifamily uses by -right for developments in which at least 20 percent of the units are affordable to lower -income households on sites to meet the City's RHNA shortfall, nor on sites identified in prior planning periods.2 By -right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval that that 'Gov. Code, § 65583.2, subd (h)(2)
2 Gov. Code, § 65583.2, subds. (c) and (h)(1)

Alfonso Hernandez, City Planner

Page 2 ends

would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.3
HCD requests that the City revise its zoning ordinance or provide written documentation clearly demonstrating the rezones meet these statutory requirements. HCD will review the documentation and issue correspondence before taking any action authorized by Government Code section 65585, subdivisions (i) and (j). Such action may include issuance of written findings (Corrective Action Letter) and revoking HCD's finding that the City's housing element is in substantial compliance with Housing Element Law and/or referral to the California Office of the Attorney General.

HCD provides the City until November 7, 2025 to provide a written response to these findings that details a timeline of when these changes to comply with state law may be implemented. If you have questions or need additional information, please contact Reid Miller at Reid.Miller hcd.ca.gov.

Sincerely,
Melinda Coy
Housing Accountability Unit Chief
'Gov. Code, § 65583.2, subd. (i)

CITY OF BELL GARDENS

NOTICE OF PUBLIC HEARING

INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, AMENDING SECTIONS 9.04.020 ("B" DEFINITIONS),

9.10.030 (RESIDENTIAL PERMITTED LAND USES), 9.10.040 (RESIDENTIAL DEVELOPMENT STANDARDS), 9.12.030 (COMMERCIAL PERMITTED LAND USES), AND 9.58.040 (TYPE 3 SITE PLAN REVIEW) OF TITLE 9 (ZONING AND PLANNING

REGULATIONS) OF THE BELL GARDENS MUNICIPAL CODE
NOTICE IS HEREBY GIVEN, that the City of Bell Gardens City Council will conduct a public hearing and introduce an ordinance to amend Title 9 (Land Use Zones and Standards) of the Bell Gardens Municipal Code relating to permitting procedures and densities for sites identified in the City's Housing Element as reuse and rezones sites.

Copies of the proposed ordinance are available for review at Bell Gardens City Hall and on our website at 4 '.x.. o lx l � � : g �� r : a .a ;
DATE OF HEARING: Monday, April 13, 2026
TIME OF HEARING: 6:00 P.M., or as soon thereafter as possible ENVIRONMENTAL DETERMINATIONS: The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) under the common sense exemption set forth at California Code of Regulations, Title 14, § 15061(b)(3) (CEQA Guidelines) because it can be seen with certainty that there is no possibility that the adoption of this proposed resolution recommending approval of an ordinance restricting cannabis retail activities would have a significant effect on the environment.

INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of Bell Gardens City Council at 7100 Garfield Avenue, BeII Gardens, CA 90201 on Monday, April 13, 2026, at 6:00 p.m., or soon thereafter. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the City's website at� �
h1 ,gym Public comments for the public hearing and each designated public comment period(s) are limited to three (3) minutes per person.

Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person, subject to capacity limits. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" card by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: ( ) Ott 1 , Webinar ID: 13 3 Passcode: 2021#, to address the City Council press *9 to raise your hand then to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom at https://zoormus/[ oin and entering the Zoom Meeting ID: 13 3 3 3 3 Passcode:

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

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

Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such service by contacting the City Clerk's Office no later than 72 hours before the scheduled meeting.

The City Council staff report will be available in the City Clerk's Office and posted on the City's website at https:// rebeligardens.arr/iwant-to/view-acendas 72 -hours prior to the meeting.

For more information, you may contact the City Clerk's Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201 during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704 or via email to CityClerkesk bellgardens.org.

Daisy Go
City Clerk
Posted:

April 2, 2026
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works
Daily Journal Corporation (Bell Gardens News Paper) — General Circulation

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Acosta, Community Development Director
Consideration of Adoption of Interim Urgency Ordinance No. 966-U Extending the Moratorium on the Acceptance, Processing, and Approval of Licenses, Permits, Approvals, or other Entitlements for Use, Including any Modification Thereof, for Cannabis Retail Businesses
DATE: April 13, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council:

Determine that proposed Interim Urgency Ordinance No. 966-U is categorically exempt from the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.); and

BACKGROUND:

On June 26, 2023, the City of Bell Garden's ("City") City Council adopted Ordinance No. 934 conditionally allowing cannabis retail uses within portions of the City's Commercial and Industrial zones. The uses are subject to certain siting requirements and conditions of approval for a term of eighteen (18) months, or longer upon the execution of a development agreement ("DA") with the City. The DA provides for an initial five (5) -year term, subject to an option to extend the agreement for up to an additional five (5) years for a total ten (10) -year term.

At its April 22, 2024, regularly scheduled meeting, the City Council adopted Ordinance No. 942 amending Title 5 of the Bell Gardens Municipal Code ("BGMC") to limit the number of Business Regulatory Permits for cannabis retail uses to seven (7).

At its May 12, 2025, regularly scheduled meeting, the City Council requested that staff prepare an interim urgency ordinance to establish a moratorium on the acceptance, processing, and approval of all forms of applications for cannabis retail businesses.

At its June 9, 2025 regularly scheduled meeting, the City Council adopted Interim Urgency Ordinance No. 956-U thereby authorizing a moratorium on the acceptance, processing, and approval of all forms of applications for cannabis retail businesses for a period of 45 days.

At its June 23, 2025, regularly scheduled meeting, the City Council adopted Interim Urgency Ordinance No. 958-U thereby authorizing an extension of the moratorium on the processing, and approval of all forms of applications for cannabis retail businesses for a period of 10 months and 15 days.

At its March 9, 2026, regularly scheduled meeting, the City Council directed staff to prepare an interim urgency ordinance to continue the moratorium on the acceptance, processing, and approval of all applications for cannabis retail businesses. On April 2, 2026, City staff published a report detailing measures taken to alleviate the conditions that prompted the adoption of the interim urgency ordinance pursuant to Government Code section 65858(d).

DISCUSSION/ANALYSIS:

Interim Urgency Ordinance No. 966-U:

The approval of proposed Interim Urgency Ordinance No. 966-U would extend the existing moratorium on the prohibition on accepting, processing, and approving licenses, permits, approvals, modifications to previous approvals, or other entitlement actions for cannabis retail business uses by an additional 12 months, or until the effectuation of any regulation(s), ordinance(s) or other action deemed appropriate by the City Council to address the over proliferation of applications for cannabis retail establishments and minimization of access and exposure of cannabis and cannabis products to minors is addressed.

A four -fifths (4/5) vote is required to adopt Interim Urgency Ordinance No. 966-U. If adopted, proposed Interim Urgency Ordinance No. 966-U would extend the existing moratorium's expiration date of June 8, 2026, to June 8, 2027, unless the City Council takes earlier action as described above.

Interim Urgency Ordinance No. 966-U is intended to continue to prevent an over proliferation of cannabis uses within the City, thereby reducing potential negative impacts including exposure of and access by minors to cannabis and cannabis products, ensuring community stability, and protecting the economic vitality of existing businesses. Staff notes that two approved cannabis retail projects are located within 1,000 feet of a K-12 school. While these projects comply with the City's siting requirements from schools, concerns were expressed regarding minors' exposure and access to cannabis and cannabis products as they travel to and from school on a daily basis. Pursuant to Government Code section 65858, staff reports that since the moratorium was initially approved, staff have not issued or approved any licenses, permits, or approvals that fall within the ordinance's enumerated exceptions. Staff additionally notes that it has not accepted any more applications for processing land use approvals for a cannabis retail use since the adoption of Interim Urgency Ordinance No. 956- U. However, staff requires additional time to study threats to the public health, safety, and welfare of the community, and report findings and recommendations to the City Council.

Currently, approved DAs are exempt from the moratorium and may continue development of their proposals, unless the DA is suspended, modified, or revoked.

A duly noticed public hearing was published on April 2, 2026, as required by Government Code sections 65858 and 65090.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), Interim Urgency Ordinance No. 966-U has been determined to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The section states that projects that do not result in direct, or reasonably foreseeable indirect, physical changes in the environment are not subject to CEQA review. The adoption of Interim Urgency Ordinance No. 966-U would cease activity on intake and processing of cannabis retail business applications; thus, it can be seen with certainty that ceasing intake and processing of cannabis retail business applications would not cause a direct or indirect impact on the environment. Therefore, no further action is required under CEQA.

FISCAL IMPACT:

There is no fiscal impact.

CONCLUSION:

Proposed Interim Urgency Ordinance No. 966-U would continue to prohibit the intake and processing of new cannabis retail business applications, and modification of existing applications, citywide to ensure community stability and economic vitality by addressing concerns related to exposure to minors and over proliferation of cannabis uses. If adopted, the proposed Interim Urgency Ordinance No. 966-U would be effective for 12 months, until June 8, 2027, unless the City Council takes earlier action as described above.

ELECTRONICALLY APPROVED BY:

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

INTERIM URGENCY ORDINANCE NO. 966-U

AN INTERIM URGENCY ORDINANCE OF THE CITY OF

BELL GARDENS, CONTINUING A TEMPORARY

MORATORIUM ON THE ACCEPTANCE, PROCESSING,

AND APPROVAL OF LICENSES, PERMITS, APPROVALS,

OR OTHER ENTITLEMENTS FOR USE, INCLUDING ANY

MODIFICATION THEREOF, FOR CANNABIS RETAIL

BUSINESSES WITHIN THE CITY OF BELL GARDENS FOR
AN ADDITIONAL PERIOD OF TWELVE (12) MONTHS
WHEREAS, the City of Bell Gardens ("City") permits and regulates certain cannabis retail uses pursuant to Ordinance Nos. 934 and 942 ("Cannabis Regulations"); and
WHEREAS, despite the limitations imposed by Ordinance No. 942 to limit the issuance of Business Regulatory Permits to a total of seven permits combined with the

2.5 square mile geographical limitations of the City, the City continues to receive and process applications, which are increasingly located in closer proximity to schools, day cares, parks and youth centers ("Sensitive Uses"), in particular to schools; and WHEREAS, the City desires to limit minors' exposure to cannabis and cannabis products when visiting such Sensitive Uses; and
WHEREAS, Government Code section 65858 allows cities to protect the public health, safety, and welfare by adopting interim urgency ordinances in order to allow time to study whether certain land uses should be allowed, prohibited, or regulated under the City's municipal code; and
WHEREAS, on May 12, 2025, the City Council directed staff to draft an urgency ordinance that would establish a moratorium on the acceptance, processing and approval of applications, licenses, permits, approvals and other entitlements for cannabis retail establishments; and
WHEREAS, on June 9, 2025, the City Council adopted Interim Urgency Ordinance No. 956-U, which enacted a forty-five (45) day interim moratorium on the approval or issuance of licenses, permits, approvals, or other entitlements for grading, building, improvements, and/or use to a Cannabis Retail establishment, as more particularly described therein ("Ordinance No. 956-U"); and
WHEREAS, on June 23, 2025, after a duly noticed public hearing pursuant to the requirements of Government Code section 65858(d), the City Council adopted Interim Urgency Ordinance No. 958-U, which extended the moratorium by ten (10) months and fifteen (15) days on the approval or issuance of licenses, permits, approvals, or other entitlements for grading, building, improvements, and/or use of a Cannabis Retail establishment, as more particularly described therein ("Ordinance No. 958-U"); and

WHEREAS, Government Code section 65858 authorizes the City Council to extend the moratorium enacted by Ordinance No. 956-U for a second time for up to an additional period of twelve (12) months; and
WHEREAS, there continues to be a current and immediate threat to public health, safety and welfare to the City residents in that the continued consideration and approval of retail cannabis applicants within the City limits may result in an over -concentration of cannabis retail uses that may result in the need for additional City resources to preserve the surrounding public safety and public welfare; and
WHEREAS, there continues to be concern that an influx of cannabis retail locations within the City limits may result in the inability for other sensitive uses, including schools, parks, day care centers and youth centers, from finding suitable locations to serve the local community; and
WHEREAS, the City continues to be concerned about the efficacy of the Cannabis Regulations in limiting minors' exposure to cannabis and about the impact of cannabis upon sensitive receptors including schools, and the effect thereof upon the public health, safety, and welfare; and
WHEREAS, the City requires additional time to study what legislative steps might be appropriate to amend the Cannabis Regulations within the City in order to protect the public health, safety, and welfare of the public; and
WHEREAS, pursuant to Government Code section 65858, the City may, after a duly noticed public hearing, extend the existing moratorium for up to twelve (12) months; and
WHEREAS, as described in this Interim Urgency Ordinance, the City Council continues to find that there is a current and immediate threat to the public health, safety, and welfare based on the findings herein and the findings contained in Ordinance No. 956-U, and upon that basis has determined that an extension of the moratorium is warranted; and
WHEREAS, a duly noticed public hearing was published on April 2, 2026, as required by Government Code sections 65858 and 65090; and WHEREAS, on April 13, 2026, the City Council held a duly noticed public hearing regarding this Interim Urgency Ordinance, considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding the proposed Interim Urgency Ordinance; and
WHEREAS, staff published a report as required by Government Code section 65858(d).

NOW THEREFORE, the people of the City of Bell Gardens do resolve, determine, find and ordain as follows:

SECTION 1. The City Council finds and determines the following:

A. The Recitals set forth above are true and correct and are hereby incorporated by reference in full herein.

B There continues to be a current and immediate threat to the public health, safety and welfare to City residents in that the continued approval of retail cannabis applicants within the City limits may result in an over -concentration of cannabis retail uses that may result in the need for additional City resources to preserve the surrounding public safety and public welfare.

C. The findings for extending the Interim Urgency Ordinance enacted by Ordinance No. 958-U also includes the recitals and findings set forth in Ordinance No. 956-U, adopted by the City Council on June 23, 2025, all of which are incorporated herein by reference.

D. Based upon the findings set forth above and all oral and written testimony and reports presented by members of the public and City staff to the City Council at the April 13, 2026 meeting, there continues to be an immediate threat of harm to the public health, safety, and welfare that may occur if pending land use and zoning applications for a cannabis retail use within the City limits are approved pursuant to the City's current Cannabis Regulations.

E. In order to appropriately respond to this immediate threat of harm to public health, safety, and welfare, the City needs more time to assess: (1) whether there is an over concentration of approved cannabis retail uses within the City such that it would impact the public health, safety, and welfare of the City's residents, or cause excessive risk of exposure of minors to cannabis and cannabis products that may impact the health, safety, and welfare of the City's residents; (2) study the impacts of cannabis retail businesses upon the City and its residents; (3) study potential new or amended regulatory requirements for cannabis businesses, including, without limitation, appropriate distancing requirements from sensitive receptors; and (4) assess any other impacts that cannabis businesses may have upon the City that jeopardize the public health, safety, and welfare.

F. Based upon the foregoing, the City desires to extend the moratorium described in Ordinance No. 956-U by twelve (12) months or until the City Council takes official action to address the need for the moratorium, including but not limited to additional regulation(s) or ordinance(s) that would address the over proliferation of cannabis retail establishments and the minimization of access and exposure of cannabis and cannabis products to minors and such action takes effect.

SECTION 2. Pursuant to the authority granted to the City Council by California Government Code section 65858 to protect the health, safety and general welfare of the residents of the City, and based upon the findings set forth above and all oral and written testimony and reports presented by members of the public and City staff to the City Council on April 13, 2026, the City Council hereby extends the existing moratorium for a period of twelve (12) months to extend the expiration date of June 8, 2026, to June 8, 2027, or until the effectuation of any regulation(s), ordinance(s) or other action deemed appropriate by the City Council to address the over proliferation of cannabis retail establishments and minimization of access and exposure of cannabis and cannabis products to minors is addressed.

SECTION 3. Pursuant to Government Code section 65858(d), ten (10) days prior to the expiration of this Interim Urgency Ordinance, the City Council will issue a written report describing the measures studied and recommended actions to alleviate the conditions which led to the adoption of this Interim Urgency Ordinance.

SECTION 4. 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 5. This Interim Urgency Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment.

Therefore, no further action is required under CEQA.

SECTION 6. The City Clerk shall certify the passage and adoption of this Interim Urgency Ordinance and shall cause this Interim Urgency Ordinance to be published and/or posted as required by law, which shall take full force and effect immediately upon its adoption by a four -fifths vote of the City Council. [Signatures on the following page]

PASSED, APPROVED AND ADOPTED this day of , 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that Interim Urgency Ordinance No. 966-U was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on , and that thereafter said Ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk

Exhibit 2

CITY OF BELL GARDENS

COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Members of the City Council
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Acosta, Director of Community Development
SUBJECT: Cannabis Moratorium Report Pursuant to Government Code Section 65858(d)
DATE: April 2, 2026
California Government Code Section 65858(d) provides that at least ten (10) days before the expiration of an interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the conditions which led to adoption of the interim ordinance. This report is provided for public review eleven (11) days prior to the April 13, 2026 City Council meeting to consider adopting Interim Urgency Ordinance No. 966-U to allow for a twelve (12) month extension to a moratorium on the acceptance, processing, and approval of all forms of applications for cannabis retail businesses for a period of ten (10) months and fifteen (15) days.

Background
On June 26, 2023, the City Council adopted Ordinance No. 934 conditionally allowing cannabis retail uses within portions of the City's Commercial and Industrial zones. The uses are subject to certain siting requirements from sensitive uses and conditions of approval for a term of eighteen (18) months, or up to ten (10) years upon the execution of a development agreement (DA) with the City. All active DAs currently provide for an initial five (5) -year term, subject to an option to extend for an additional five (5) years, for a total ten (10) -year term.

At its April 22, 2024 regularly scheduled meeting, the City Council adopted Ordinance No. 942 amending Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code ("BGMC") to limit the number of Business Regulatory Permits for cannabis retail uses not to exceed a total of seven (7) permits.

Exhibit 2
At its June 23, 2025 regularly scheduled meeting, the City Council adopted Interim Urgency Ordinance No. 958-U thereby authorizing an extension to a moratorium on the acceptance, processing, and approval of all forms of applications for cannabis retail businesses for a period of 10 months and 15 days.

A duly notice public hearing is scheduled for April 13, 2026, the City Council will consider Interim Urgency Ordinance No. 966-U to authorize an extension to a moratorium on the acceptance, processing, and approval of all forms of applications for cannabis retail businesses for a period of 12 months.

Moratorium Measures
Under the City's regulations, proposed cannabis retailers are required to observe a minimum 600 foot distance from sensitive uses including schools, day care centers, youth centers, and parks, as defined in the Bell Gardens Municipal Code ("BGMC"), a 500 foot distance from existing cannabis retailers, and are prohibited within the Civic Center Overlay Zone and a geographic area near the Parkwest Bicycle Casino located at 888 Bicycle Casino Drive. Adoption of Interim Urgency Ordinance No. 958-U was intended to allow City staff the time needed to prepare and evaluate options for addressing impacts posed by an over proliferation of cannabis uses within the City. The moratorium aimed to reduce potential negative impacts including exposure of and access by minors to cannabis and cannabis products, ensuring community stability, and protecting the economic vitality of existing businesses.

Since the effective date of Interim Urgency Ordinance No. 958-U, staff has gathered information on the performance of the City's current cannabis related development standards and operator compliance with said standards. Staff has found that further regulations are required to achieve a reduction in exposure of and potential access by minors to cannabis and cannabis related products.

Staff will evaluate final recommendations for further regulation and monitoring of existing cannabis retail operators and present a permanent ordinance to amend the City's cannabis related provisions. Example standard modifications may include, but are not limited to, establishing a maximum acceptance, processing, and approval of all forms of cannabis applications and refined signage standards.

Conclusion
This report serves as the report required by Government Code Section 65858. This report is published eleven (11) days prior to the April 13, 2026 City Council meeting.

The City Council will consider Interim Urgency Ordinance No. 966-U to extend the moratorium by an additional twelve (12) months.

Exhibit 3
Existing Cannabis Retail Business Applications List
1 CUP No.
2023-067
Business
Off the Charts
Address/Location
5605 Gage Ave.

Development Status
Operating with Temporary Certificate of Occupancy
(C of O). City Staff is awaiting completion of
corrections by developer to conduct final inspections
and grant permanent C of O.
2 2023-072
Mr. Nice Guy
6231 Eastern Ave.

Final inspections are scheduled for week of 4/13/2026.

Business can operate as soon as approved.
3 2023-077
Stiiizy
5726 Gage Ave.

Grading and Foundation completed, building
construction to follow.
4 2024-048
Mecca
6638 Eastern Ave.

Building Permits Issued. Tenant improvements have
commenced.
5 2024-054
Kush
7601 Eastern Ave.

Building Permits Issued. Grading has commenced.
6 2023-073
Kureleaf
7821 Eastern Ave.

Development Agreement in Default.

Applicant no longer pursuing operations.

No activity to report.
7 2024-015
Zen Garden
6300 Gage Ave.

Development Agreement Expired.

No activity to report.

Exhibit 4
IKK
KK
500 1.000 2,000
Feet
6231 Eastern Ave
5603-05 Gage Ave
5726 Gage Ave
7601 Eastern Ave
6638 Eastern Ave
7821 Eastern Ave
6300 Gage Ave
Mr. Nice Guy
Off The Charts
Stiiizy
Kush
Mecca
Kureleaf
Zen Garden

INTERIM URGENCY ORDINANCE NO. 966-U

CONSIDERATION OF ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, CONTINUING THE PROVISIONS OF URGENCY ORDINANCE NO. 958-U ADOPTING AND IMPOSING AN

INTERIM MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND APPROVAL OF

LICENSES, PERMITS, APPROVALS, OR OTHER ENTITLEMENTS FOR USE,

INCLUDING ANY MODIFICATION THEREOF, FOR CANNABIS RETAIL BUSINESSES, FOR 12 MONTHS EFFECTIVE APRIL 13, 2026
NOTICE IS HEREBY GIVEN, that the City Council of the City of Bell Gardens will consider the adoption of Interim Urgency Ordinance No. 966-U to continue the provisions of Urgency Ordinance No. 958-U for a period up to 12 months. This interim urgency ordinance is intended for the immediate preservation of the public peace, health, and safety, and temporarily imposes a moratorium on the acceptance, processing, and approval of licenses, permits, approvals, or other entitlements for use, including any modification thereof, for cannabis retail businesses within Bell Gardens.

On June 9, 2025, the City Council adopted Interim Urgency Ordinance No. 956-U, which established the initial moratorium on accepting, processing, and approving licenses, permits, approvals, modifications to previous approvals, or other entitlement actions for new cannabis retail business uses in the City for a period of 45 days. On June 23, 2025 the City Council adopted Interim Urgency Ordinance No. 958-U, which extended the moratorium for a period of 10 months and 15 days. If approved, Interim Urgency Ordinance No. 966-U will take effect and be in force immediately upon its adoption and will expire 12 months from April 13, 2026, unless the Bell Gardens City Council adopts a permanent ordinance prior to its expiration, addressing the impacts related to cannabis retail uses.

DATE OF HEARING: Monday, April 13, 2026
TIME OF HEARING: 6:00 p.m., or as soon thereafter as possible INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of BeII Gardens City Council at 7100 Garfield Avenue, Bell Gardens, CA 90201 on Monday, April 13, 2026, at 6:00 p.m. or soon thereafter. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the City's website at
1 Public comments are limited to three (3) minutes per person. Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker unless a different time is announced by the presiding chair. Speakers who wish to address the City Council should doso by submitting a "Public Comment Card" card by 6:00 p.m. for all other designated public comment periods as listed.

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here https://zoo was/j in and entering the Zoom Meeting ID: 813 3236 3 Passcode:
2021. Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will be accepted in the QandA Chat function of the zoom app.

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

The City Council staff report will be available in the City Clerk's Office and posted on the City's website at https://www.beligardensorciii-want-to/view-agendas 72 -hours prior to the meeting.

Daisy Gomez
City Clerk
Posted: April 2, 2026
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
BeII Gardens Veterans Park - Ross Hall Auditorium
BeII Gardens Department of Public Works
Daily Journal Corporation (BeII Gardens Newspaper) — General Circulation

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Public Hearing to Consider: 1) Adoption of a Resolution Making Findings Required by Government Code Sections 4217.12(A)(1)-(2) to Authorize the Execution of the Energy Services Agreement with ABM Building Solutions, LLC for Energy Conservation Improvements; and 2) Adoption of a Resolution Making Findings Pursuant to Government Code Section 4217.13 to Approve a Related Equipment Lease -Purchase Agreement and Payment Schedule with Capital One Public Funding, LLC
DATE: April 13, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council:

Adopt Resolution No. 2026-34 making findings required by Government Code sections 4217.12(a)(1)-(2) to authorize the City Manager to execute a Contract Services Agreement and Annual Energy Cost Avoidance Agreement with ABM Building Solutions, LLC for energy conservation improvements in a form approved by the City Attorney; and

BACKGROUND:

In April 2021, the City of Bell Gardens ("City") entered into agreements with ABM Building Solutions, LLC (ABM) and Holman Capital Corporation for energy conservation improvements at various City facilities (the "Phase 1 Energy Project") in accordance with California Government Code section 4217.10 to 4217.18 (the "Energy Conservation Contracts Statutes").

This enabled the City to undertake the Phase 1 Energy Project without the need for any additional capital expenditure from the City, since the improvements were paid for with the energy and operational savings created by the Phase 1 Energy Project. The work completed under the Phase 1 Energy Project included the replacement of 33 Heating, Ventilation and Air Conditioning (HVAC) units at various City facilities, new interior and exterior energy efficient

LED lighting at various City facilities, the installation of 19 new LED light poles at Veterans Park, and the installation of 12 smart irrigation controllers at various City facilities. The Phase 1 Energy Project was completed satisfactorily, and the projected energy savings have been verified.

ENERGY SERVICES AGREEMENT
In October 2024, ABM approached the City about a preliminary assessment to determine if the City's infrastructure would benefit from energy efficient equipment and/or system improvements. A Memorandum of Understanding was entered into with ABM to conduct a preliminary assessment at no cost to the City, which included furnishing ABM with utility billings, maintenance & operations expenses, electrical and mechanical drawings for the City's facilities, and access to the City's facilities. Following the preliminary assessment, ABM proposed a Master Development Agreement for a potential second energy conservation project (the "Phase 2 Energy Project") to take advantage of available solar energy credits while undertaking necessary energy conservation improvements, including a new HVAC for the gym at Ford Park.

In January 2026, the City entered into a Master Development Agreement with ABM to develop a potential Phase 2 Energy Project and conduct necessary assessments at no cost to the City. ABM performed a Preliminary Energy Assessment followed by an Investment Grade Audit ("Audit"). City staff worked with ABM to conduct the Audit, which included a complete historical energy use analysis, reviewing current energy/water consumption and identifying potential facility improvements that would reduce utility (electric, gas, water) costs while addressing and improving City facility operations.

The intent of the Phase 2 Energy Project, in accordance with the Energy Conservation Contracts Statutes, is to provide the City with a facilities and infrastructure improvement project that would lower operational budget costs and be able to implement all infrastructure improvements without the need for any capital expenditure from the City. The improvements would be paid for with the energy and operational savings created by the Phase 2 Energy Project. There is also a Solar Investment Tax Incentive that would result in a rebate to the City of $795,168; however, this program ends on July 5, 2026, which means the solar component of the Phase 2 Energy Project would have to be at least 5% complete by the program deadline.

ABM presented the City with a Scope of Work for the Phase 2 Energy Project on March 17, 2026, with proposed capital improvements including HVAC replacements, energy infrastructure upgrades, and electrical system improvements at specific City facilities. The scope of work is as follows:
• At Marlow Park, two (2) packaged HVAC units will be replaced, due to age and condition, with new Marvair packaged heat pump units improving efficiency and system reliability. • At the Ford Park Gym/Community Center, HVAC upgrades will include installation of

one (1) new Daikin packaged unit and two (2) ductless mini -split systems serving the gymnasium. In addition, the Phase 2 Energy Project includes the design and installation of a solar carport photovoltaic (PV) system with an integrated Battery Energy Storage System (BESS) to support renewable energy generation, facility resilience, and long-term cost savings.
• At the City Hall/Police Department Complex, the existing diesel emergency generator will be replaced with a new natural -gas -fired generator, along with replacement of the electrical switchgear. The scope also includes removal and disposal of the existing underground storage tank (UST) located beneath the Police Department sallyport.

Window film will also be installed on the office windows that face the courtyard for energy conservation.
• At the Public Works Maintenance Yard Facility, the project includes replacement of the existing electrical switchgear to modernize electrical infrastructure and improve operational reliability, including the capability to connect a portable emergency generator during an emergency for back-up power.
• Additional improvements include replacement of an existing LED marquee sign at the intersection of Florence Avenue, Florence Place, and Tolar Avenue, and installation of two (2) new programmable LED marquee signs at the Ford Park Community Center and Veterans Park Ross Hall Building. The project also includes installation of two (2) new 28 -foot holiday banner poles along Florence Avenue, east of Eastern Avenue for seasonal decorations and streetscape enhancement.

In order to approve an Energy Services Agreement and a related facility ground lease, the City must make the following findings pursuant to Government Code section 4217.12:

That the anticipated cost to the City for energy or conservation services provided under the Energy Services Agreement will be less than the anticipated marginal cost to the City for the energy that would have been consumed in the absence of these purchases; and

2. That the difference, if any, between the fair rental value for the real property subject to a facility ground lease and the agreed rent, is anticipated to be offset by below -market energy purchases or other benefits provided under the Energy Services Agreement.

In other words, Government Code section 4217.12 allows the City to bypass the competitive bidding process on contracts for certain energy savings improvements provided the City can establish that the energy cost savings generated by the improvements will be greater than the cost of the improvements themselves.

The proposed contractual agreement with ABM is set forth in two (2) agreements: the Contract Services Agreement and the Annual Energy Cost Avoidance Agreement (collectively referred to as "Energy Services Agreement"). The Contract Services Agreement is the primary contract, providing the full scope of work. ABM will provide the City with the energy efficiency program identified in the Energy Services Agreement for the fixed price of $6,073,375.

Under the Annual Energy Cost Avoidance Agreement, ABM will agree to furnish annual energy measurements and provide a "savings guarantee" for up to 20 years. Should the sum of the City's verified savings for a given performance year be less than the Guaranteed Savings for that performance year, then ABM would pay to the City, within 30 days of the acceptance of the annual Savings Report, the difference between the guaranteed savings for such year and the verified savings.

FINANCING
The amount for the Phase 2 Energy Project implementation is $6,073,375 and would be paid for through a 20 -year Tax -Exempt Municipal Lease arranged through Capital One Public Funding, LLC at a 4/06% interest rate (the "Facility Financing Agreement"). The estimated annual payment would be $469,535.97. No out-of-pocket capital is required by the City.

In order to approve the Facility Financing Agreement pursuant to Government Code Section 4217.13, the City must make the following findings:

1. That the funds for the repayment of the financing or the cost of design, construction, and operation of the energy conservation facility, or both, as required by the contract, are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or from funding that otherwise would have been used for purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation facility, or both.

In other words, the financing is permitted if it can be paid through a realized cost savings or revenues generated from the sale of energy generated by the improvements or some combination of both.

ABM has identified savings over a 20 -year period using baseline conditions that determined the City's energy consumptions in annual utilities and operational cost by implementing these conservation measures. All energy savings will be financially guaranteed by ABM through an annual Measurement and Verification program and guarantee. The Phase 2 Energy Project would save the City $201,679 annually.

CONCLUSION:

Entering into these agreements would provide needed upgrades and improvements to City facilities, providing reliability, immediate savings in maintenance and repairs, and future energy savings. Following the conclusion of the public hearing, and if it is the desire of the City Council to proceed, it is recommended that City Council approve the attached Resolutions which make the findings required by Government Code sections 4217.12(a)(1)- (2) and 4217.13, in order to award the agreements without competitive bidding.

FISCAL IMPACT:

The Phase 2 Energy Project will save the City $201,679 annually and no out-of-pocket capital is required. All costs associated with engineering, pre -construction activities, and project development will be incorporated into the $6,073,375 20 -year Tax Exempt Municipal Lease Agreement with Capital One Public Funding, LLC.

ELECTRONICALLY APPROVED BY:

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

RESOLUTION NO. 2026-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, MAKING FINDINGS PURSUANT TO
GOVERNMENT CODE SECTION 4217.12(A)(1) - (2), AND IN TURN

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

SERVICES AGREEMENT AND ANNUAL ENERGY COST AVOIDANCE

AGREEMENT WITH ABM BUILDING SOLUTIONS, LLC FOR HVAC

REPLACEMENT, SOLAR PV, GENERATOR REPLACEMENT,

SWITCHGEAR REPLACEMENT, AND INSTALLATION OF MARQUEE,

SIGN AND POLE
WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources; and
WHEREAS, California Government Code Sections 4217.10 to 4217.18 (the "Energy Conservation Contracts Statutes") authorize the City of Bell Gardens ("City") to enter into an energy services contract for the implementation of energy related improvements in public buildings or City -owned property if the City Council finds that it is in the best interest of the City to enter into such energy services contract and that the anticipated cost to the City for thermal energy, electrical energy, or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the City of the thermal, electrical, or other energy that would have been consumed by the City in the absence of those purchases; and WHEREAS, the City of Bell Gardens desires to reduce the steadily rising costs of meeting its energy needs at City facilities; and
WHEREAS, ABM Building Solutions, LLC performed an Investment Grade Audit and presented the City with a Scope of Work; and
WHEREAS, a Contract Services Agreement and Annual Energy Cost Avoidance Agreement have been presented to the City of Bell Gardens City Council (collectively, the "Energy Services Agreement") to be finalized and executed by and between the City and ABM Building Solutions, LLC; and
WHEREAS, the Project is to be implemented in accordance with the Energy Services Agreement and will include: (i) design, engineering, permits, fees, approvals, project management, installation and startup, training, checkout, warranty, and insurance specifically associated with the work to be performed; and (ii) annual energy measurements and savings reports and a "savings guarantee" for 15 years; and WHEREAS, the City is authorized under Section 37351 of the California Government Code to purchase, lease, receive, hold and enjoy such personal property

Resolution No. 2026-34
as is necessary or proper for municipal purposes and to control, dispose of, and convey such property for the benefit of the City; and
WHEREAS, the City Council desires to finalize and execute the Energy Services Agreement, substantially in the form presented at this meeting, subject to such modifications as the City Manager, in consultation with the City Attorney, reasonably deems necessary following the City Council's adoption of this Resolution; and WHEREAS, the City Council's approval to finalize and execute the Energy Services Agreement referenced above, in accordance with Government Code Section 4217.12, is also fully contingent upon the City's separate approval of the 20 -year Tax Exempt Equipment Lease Purchase Agreement for the Energy Services Agreement, in compliance with the separate findings and procedural requirements of Government Code Section 421713; and
WHEREAS, the cost of these energy conservation measures is $6,073,375 and will be paid through a 20 -year Tax -Exempt Equipment Lease Purchase Agreement; and WHEREAS, ABM Building Solutions, LLC has identified savings over a 20 -year period with a projected $201,679 annually; and
WHEREAS, in accordance with Government Code section 4217.10 et seq., not less than fourteen (14) days before the meeting where this Resolution will be considered, the City posted notice of a public hearing at which the City Council would consider this Resolution and the agreements referenced.

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

SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.

SECTION 2. As required by Government Code Section 4217.12(a) (1)-(2) and as a pre -condition to the City Council's ability to authorize the execution of the Energy Services Agreement, the City Council makes the following findings based on the record of the public hearing, including all reports, testimony and comment entered into the record of the proceedings:
(1) The anticipated cost to the City for energy or conservation services provided under the Energy Services Agreement will be less than the anticipated marginal cost to the City for the energy that would have been consumed in the absence of these purchases; and
(2) That the difference, if any, between the fair rental value for the real property 2 of 5

Resolution No. 2026-34
subject to a facility ground lease and the agreed rent, is anticipated to be offset by below -market energy purchases or other benefits provided under the Energy Services Agreement.

SECTION 3. The City Council further authorizes and directs the City Manager to finalize the Energy Services Agreement in the substantive form included in the agenda materials of April 13, 2026. The best interest finding is further conditioned on the City's separate approval of the 20 -year Tax -Exempt Equipment Lease Purchase Agreement for the Energy Services Agreement.

SECTION 4. The City Manager's authorization to execute the Energy Services Agreement is contingent upon the City's separate approval of the 20 -year Tax -Exempt Equipment Lease Purchase Agreement for the Energy Services Agreement in compliance with Government Code Section 4217.13. City shall be under no obligation to execute any portion of the Energy Services Agreement unless it has determined that it has secured financing for the Project on terms and in a form approved by the City Council in compliance with Government Code Section 4217.13. The City shall be under no obligation to back -fill the cost of the Project with any other funds of the City in the event it is unable to secure financing on terms acceptable to City.

SECTION 5. The City Manager, in consultation with the City Attorney, the Finance Director and such other employees and consultants of the City with relevant expertise on the matter, is hereby authorized and directed to negotiate any further modifications to the Energy Services Agreement as he reasonably deems necessary and in the best interests of the City provided such modifications allow the Project to remain consistent with the Government Code Section 4217(a)(1)-(2) findings of the City Council referenced above, and are in a form approved by the City Attorney. The City Manager is further authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits, and other documents, and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and said agreements. The City Manager may also seek further City Council direction and approval of any modified Energy Services Agreement if deemed necessary to comply with applicable City purchasing policies or other applicable laws.

SECTION 6. If any section, paragraph, clause, or provision of this Resolution shall, for any reason, be held as invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. The City Council hereby declares that it would have adopted this Resolution, 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 may subsequently be declared invalid or unconstitutional.

SECTION 7. 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.
3 of 5

Resolution No. 2026-34
PASSED, APPROVED, and ADOPTED this 13th day of April, 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
4 of 5
Daisy Gomez
City Clerk

Resolution No. 2026-34
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on April 13, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
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2026

CONTRACT SERVICES AGREEMENT
(Contractor: ABM Building Solutions, LLC)
(Nature of Engagement: HVAC Replacement, Solar PV, Generator Replacement, Switchgear Replacement, Marquee/Sign/Pole Installation) THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of April, 2026 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and ABM BUILDING SOLUTIONS, LLC (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires HVAC Replacement, Solar PV, Generator Replacement, Switchgear Replacement, Marquee/Sign/Pole Installation; and WHEREAS, California Government Code Sections 4217.10 to 4217.18 (the "Energy Conservation Contracts Statutes") authorize the CITY to enter into an energy services contract for the implementation of energy related improvements in public buildings or CITY -owned property if the City Council finds that it is in the best interest of the CITY to enter into such energy service contract and that the anticipated cost to the CITY for thermal energy, electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the CITY of the thermal, electrical, or other energy that would have been consumed by the CITY in absence of those purchases; and WHEREAS, pursuant to Government Code section 4217.11(d), "conservation services" include electrical, thermal, or other energy savings resulting from conservation measures, which shall be treated as a supply of such energy; and WHERAS, the City Council, after holding a hearing at a regularly scheduled public hearing and after having provided two weeks advanced notice of such hearing, made all findings required by Government Code section 4217.2 for the CITY to enter into this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

SECTION 1. DESCRIPTION OF THE WORK.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with HVAC Replacement, Solar PV, Generator Replacement, 1 Switchgear Replacement, Marquee/Sign/Pole Installation. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the written proposal of CONTRACTOR entitled "City of Bell Gardens General Scope of Work" (hereinafter, the "CONTRACTOR PROPOSAL"), which is attached and incorporated hereto as Exhibit "A". The term "Scope of Work" shall be a collective reference to this Agreement and the CONTRACTOR PROPOSAL.

The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of conflict or inconsistency and no further.

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

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

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

CONTRACTOR shall be entitled to an equitable adjustment to its compensation to account for any increased costs incurred because of any latent or unknown conditions which materially affect the performance of the services. CONTRACTOR shall not proceed with any changes to the Scope of Work until express written consent is provided by CITY.

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

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.

CONTRACTOR shall be entitled to an equitable adjustment to its compensation to account for any increased costs incurred because of any latent or unknown conditions which materially affect the performance of the services. CONTRACTOR 2 shall not proceed with any changes to the Scope of Work until express written consent is provided by CITY.

SECTION 2. [RESERVED - No Text]
SECTION 3. PROSECUTION OF WORK.

A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY's issuance of a written notice to proceed ("Notice to Proceed"). The Work shall be completed by eighteen (18) months of CITY's issuance of the Notice to Proceed (hereinafter, the "Completion Date"). The Work shall be deemed completed when the CITY has received beneficial use of all Work to be installed under this Agreement. When the Work is completed and acceptable under the Agreement and the Agreement has been fully performed, the CONTRACTOR will promptly issue a final invoice stating that to the best of the CONTRACTOR'S knowledge, information and belief, the Work has been completed in accordance with terms and conditions of the Agreement and that the entire balance found to be due the CONTRACTOR and noted in the final invoice is due and payable.

B. CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

C. CONTRACTOR may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONTRACTOR in order to complete the Work; (ii) how much additional time CONTRACTOR requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONTRACTOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONTRACTOR being able to complete any other service or task; and (iv) what proactive steps CONTRACTOR has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONTRACTOR to alert CITY of the need to provide information or complete certain tasks to be performed by CITY.

Except for delays outside of CONTRACTOR'S control governed by Section 19.

CITY in its sole and absolute discretion may grant, deny or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.

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

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.
3 F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

SECTION 4. COMPENSATION.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR's quote, which is attached and incorporated hereto as Exhibit B. CONTRACTOR's total compensation during the Agreement shall be SIX MILLION SEVENTY-THREE THOUSAND THREE HUNDRED SEVENTY-FIVE Dollars ($6,073,375.00) (hereinafter, the "Fixed Price"). CONTRACTOR further agrees that the Fixed Price is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

C. The Fixed Price will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an invoice reflecting the percentage of the Work completed during the preceding month, which shall include a description of the Work and tasks performed.

D. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

CONTRACTOR may terminate this Agreement if any outstanding amounts remain unpaid after delivering thirty (30) days' notice to cure to CITY. CONTRACTOR shall bill 20% of the contract price upon execution for mobilization. Mobilization will be used to purchase solar PV equipment and is not refundable. CONTRACTOR shall bill monthly thereafter based on the percentage of work completed each month as shown on CONTRACTOR'S schedule of values.

SECTION 5. STANDARD OF CARE AND WARRANTY.

CONTRACTOR represents, acknowledges and agrees as follows:

1. CONTRACTOR warrants that the materials and workmanship provided by the CONTRACTOR under this Agreement will be free from defects for a period of 12 months after CITY'S acceptance or beneficial use of the systems or any portion thereof, whichever is earlier, provided that the CONTRACTOR is given prompt written notice of the defect. In addition, if any replacement part or item of equipment proves defective, CONTRACTOR will extend to CITY the benefits of any warranty CONTRACTOR has received from the manufacturer. CONTRACTOR agrees to act on behalf of the CITY for 4 purposes of processing any warranty claims against applicable manufacturers. Such obligation includes only administrative processing and not enforcement.

CONTRACTOR agrees to respond to emergency warranty claims of CITY within 24 hours of call from CITY. CITY shall permit only CONTRACTOR's personnel or manufacturer's agent to perform the warranty work unless expressly authorized herein.

If CONTRACTOR responds to a warranty call made at CITY's request and inspection indicates a condition which is not covered under this Agreement, CONTRACTOR may charge CITY at the hourly rate for such services. EXCEPT FOR THE WARRANTIES

EXPRESSLY PROVIDED HEREIN, NO OTHER WARRANTIES, EXPRESS OR

IMPLIED UNDER LAW, ARE PROVIDED, INCLUDING NO WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. CITY expressly assumes the risk of, and agrees to hold CONTRACTOR harmless from, damage or liability that results from CITY'S selection of lighting equipment, whether lights, bulbs, ballasts, or otherwise, that are incompatible with the system installed under this Agreement.

2. Equipment that is to be replaced shall maintain a high standard of quality. The CITY shall review all product and manufacturer cut sheets on new equipment that is to be installed. The following shall be a minimum standard of equipment:

CONTRACTOR shall ensure that all materials and equipment supplied and Work performed and completed under this Agreement shall (i) be new and original, (ii) be free from defects, (iii) conform to the standard of material and workmanship prevailing in the CONTRACTOR's industry, (iv) be adequate to perform the intended function as specified in this Agreement. In general, equipment manufacturer (or equivalent) for each energy conservation measure is identified below.

HVAC -- Carrier or equivalent
Electrical - RavenVolt or equivalent
Solar Panels/Inverters — Seraphim/Solectria or equivalent A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
CONTRACTOR shall comply with all applicable federal, state and local laws and regulations in effect as of the time of execution of this Agreement, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization;
5 E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or the City or County of jurisdiction and included in this Agreement.

CONTRACTOR shall perform, at CONTRACTOR's sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing in the City Representative's sole and absolute discretion.

The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

SECTION 6. REPRESENTATIVES.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the Director of Public Works (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the 6 performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, ABM Legal Department, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.

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

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

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

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY.

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

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

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

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

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

SECTION 9. SURETY BOND.

A. Performance Bond. Unless waived by the City Representatives in writing, CONTRACTOR shall execute and provide to CITY concurrently with this Agreement a Performance Bond in the amount of the total Fixed Price. The Performance Bond shall be in a form approved by CITY. No payment shall be made to CONTRACTOR until the Performance Bond has been received and approved by the CITY or the requirement for the Performance Bond has been waived.

B. Labor and Materials Bond. Unless waived by the City Representatives in writing, CONTRACTOR shall execute and provide to CITY concurrently with this Agreement a Labor and Materials Bond in the amount of the Fixed Price. The Labor and Materials Bond shall be in a form approved by CITY. No payment shall be made to CONTRACTOR until the Labor and Materials Bond has been received and approved by the CITY.

SECTION 10. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.

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

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

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

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

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

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

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

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

F. CONTRACTOR and any subcontractors shall, when they employ any person in 9 any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject California Labor Code Section 1777.1.

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

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

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or 10 forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

SECTION 11. PROHIBITED INTERESTS. 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 12. 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.

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.
11 F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.

SECTION 13. 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 14. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical 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. 15. INDEMNIFICATION.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and 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, 12 provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' negligence or willful misconduct, or (b) the contracting public agency's active negligence. This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

B. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.

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

CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, 13 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 16. INSURANCE.

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

1. Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Five Million Dollars ($5,000,000) per accident for bodily injury and property damage.

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

B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

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 14 weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement including CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

For all of the policies, CONTRACTOR's broker shall provide thirty (30) days' prior written notice to CITY of cancellation or non -renewal. 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.

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.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
[RESERVED]
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.

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

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.

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 17. RECORDS AND INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance 15 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 18. TERMINATION.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Manager. CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this 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 16 upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3 -day cure period; or ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30 -day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "A" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as 17 provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

I. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

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.

6. 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. In the event of any termination pursuant to this Section 18, CONTRACTOR shall be entitled to payment for all work performed up until the date of termination.

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.
18 SECTION 19. FORCE MAJEURE. The Agreement shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.

SECTION 20. 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 Ave.

BeII Gardens, California 90201
Attn: Bernardo Iniguez, Director of
Public Works
With a courtesy copy to:

Stephanie Vasquez, City Attorney
Olivarez Madruga Law
Organization, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
ABM Building Solutions, LLC
14201 Franklin Ave,
Tustin, CA 92780
Attn Nicholas Thomas
Phone: 949-330-1550
SECTION 21. 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.
19 SECTION 22. 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 23. 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 24. 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 25. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

SECTION 26. 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 27. 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.

SECTION 28. AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant and represent that they have the authority to execute this Agreement on behalf of said parties and have the authority to bind the parties to the provisions of this Agreement.

SECTION 29. IRAN CONTRACTING ACT. CONTRACTOR must complete and submit to CITY the Iran Contracting Act Certification, attached to this Agreement as Exhibit "D," certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (htt s://www,d s,ca. ov/PD/Resources/Pa e-Content/Procurement-Division- Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless CONTRACTOR is exempted from the certification requirement by 20 Public Contract Code Section 2205(c) or (d). If claiming an exemption, CONTRACTOR shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. [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 ABM BUILDING SOLUTIONS, LLC corporation
By:

By:

Michael B. O'Kelly
City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:

Name: Joe Frankini
Title: Senior Vice President
Date:
22 EXHIBIT "A"

CONTRACTOR PROPOSAL
Energy Conservation Project for City of Bell Gardens
Listing of Bell Gardens Buildings in This Project
Ford Park Community
Center
8000 Park Lane
Bell Gardens CA
90201
Ford Park Aquatic Center
8000 Park Lane
Bell Gardens CA
90201
City HaII/PD
7100 Garfield Ave
Bell Gardens CA
90201
Dept of Public Works 8327 Garfield Ave
Marlow Park 6640 Marlow Ave
Bell Gardens CA
Bell Gardens CA
90201
90201

TECHNICAL CATEGORIES
The following are the improvements that will be made for the City of Bell Gardens:

04.1.10 TC TITLE
Packaged air conditioning unit replacements

04.1.4 HVAC Cooling Installation

06.3.1 Window Film

11.1.4 Photovoltaic system installation w BESS

13.3 Irrigation Pump Rebuild

20.1.1.1 Generator Replacement

20.1.1.2 Switchgear Upgrade Replacement

20.1.1.4 Storage Tank Removal

20.1.3.1 Replace LED Marquee
Holiday Poles
23 Marlow Park
TC - 04.1.10 Packaged air conditioning unit replacements Contractor will replace two (2) 5 -Ton Marvair Heat Pumps at Marlow Park. Contractor will furnish and install the following:

Provide submittals to customer and order equipment.
• Coordinate with customer when work can be scheduled.

LOTO equipment and power source for electrical isolation.

Disconnect all conduits, drains and mounting hardware.

Remove the two (2) existing Marvair units from the backside of the building for replacement.

Prepare area for new unit installation.

Install new mounting hardware and secure two (2) new 5 - ton Marvair units to building.

Install two (2) two new disconnects.

Perform start-up on new units and cleanup work site.
• Check out with customer and provide all startup sheets with close out documentation.

Not included in this scope of work:

Permits, Plans, Drawings, Mechanical, Electrical, Structural Engineering and/or drawings
• Title 24 calculations
• Abatement of Asbestos or other hazardous materials
• Structural modifications/upgrades or Structural Engineering • Any interface or integration to Fire/Life Safety Systems. • Anything that is not specifically mentioned in this scope of work 24 Ford Park Community Center
TC — 04.1.4 HVAC Cooling Installation
Contractor will install a 30 -Ton Daikin Package Unit and two (2) Ductless Mini Splits for the gymnasium portion of the Ford Park Community Center building. Listed below is the detail for these modifications:

Provide submittals to customer and order equipment.
• Coordinate with customer when work can be scheduled.

Demolition & Site Preparation
Demolition of Planter & Fencing
-- Remove existing planter area (approx. 225 SF).
- Remove existing fencing (approx. 37 LF).

Demolition of Concrete Walkway
-- Remove existing concrete walkway measuring 36' x 7' x 4" thick. • Safety Barricades
- Install orange safety netting barricade where fencing has been removed to secure the site during construction.

Excavation, Concrete, and Structural Preparation
Excavate footings per approved Client provided construction plans.

Formwork, Grading & Reinforcement
- Complete formwork, grading, and rebar installation in accordance with Client provided structural plans.
e Concrete Work
--- Pour and finish concrete for platform and footings per Client provided plans. --- Pour -back of walkway area (36' x 7' x 4" thick) to match existing elevation and finish.

Structural Steel — Furnish & Install
Furnish and install four (4) brace frames, per Client provided drawings reference sheet S2.3.

Roof Framing Beams
Furnish and install roof framing beams per Client provided drawing Detail 2/S2.1.

Furnish and install bent plate with stiffeners for new mechanical unit per Client provided drawing Detail 7/S1.2.
25 Install picket rail on three sides of platform per Client provided drawing Detail 7/A22.2.

Install approx. 565 SF of galvanized steel grating.

Fencing Installation & Modifications
• Adjust and modify existing fencing around new structural columns per Client provided plans.
• Furnish and install new perimeter security fencing and gate system per approved drawings.
• Materials Furnished Only (F.O.B.)
• Provide templates and anchor bolts for placement Material & Installation Clarifications
- All steel components to be fully galvanized.
- Field Weld Touch -Up
-- All field welds to be touched up using aerosol spray galvanizing.

Platform Grating Specifications
• Type: 19W4
• Spacing: 13/16" on center, cross bars 4" on center
• Bearing bars: 1" x 3/16"
• Banded edges with plain walking surface
• Hot -dip galvanized finish
• Grating Attachment
- Grating to be attached to roof beams using standard grating clips.

Gym Unit and Ductless Split Placement
• Safe off existing ductwork in Gym for RTU # 1
• Demo out all existing indoor ductwork and cap as needed • Provide crane to the site,
• Crane will be located in Community Center Parking lot and will need City to ensure no cars are parked in the front half during lifts.
• Set curb rail platform for RTU #1
• Set new 30 -ton air handling unit on curb
• Weld unit per Client provided drawing details
• Run condensate drain line and controls
26 • Run gas line
• Provide and install new refrigeration line sets, control wiring, as need refrigerant • Crane onto roof and install two (2) ductless split systems • Stage all new ductwork as needed for project
• Provide and install new lined supply and return roof top ductwork from RTU # 1 to POC — per Client provided drawings
• Utilizing existing duct supports and adding new duct supports and sheet metal hangers where needed
• Provide new canvas connections with new canvas covers • Seal all new roof top ductwork
• Provide and install new thermostat and smoke detector for RTU # 1 Provide and install two (2) new OSA ductwork with BDD for new ductless split systems and run up through roof
• Start up new RTU# 1 with factory start and two (2) ductless split system • Provide scissor lift for project
Electrical
All work shall be performed in accordance with the latest adopted NEC, local AHJ requirements, and project drawings and specifications. The scope of work shall include the following:
• Disconnect and demolish four (4) existing electrical connections serving HVAC equipment scheduled for removal
• Remove associated conductors back to source and abandon existing conduits in place unless noted otherwise.
• Demolish and remove the following existing electrical equipment in its entirety, including conductors and raceways as indicated:
- One (1) 400A, 480V, 30, 3W Motor Control Center (PB)
- One (1) 225 kVA, 30 transformer (T-2)
- One (1) 800A, 120/208V, 30, 4W distribution board (PC) - Two (2) 225A, 120/208V, 30, 4W panelboards (A, G)
- Three (3) 125A, 120/208V, 30, 4W panelboards (B, C, F) • Remove PB feeder conductors only; existing underground conduit to remain in place. • Remove T-2 feeder, including conduit and conductors.
• Remove PC feeder, including conduit and conductors.
27 Furnish, install, anchor, label, and make fully operational the following new electrical equipment:
-- One (1) 600A, 480Y/277V, 30, 4W, 65kAIC, NEMA 3R main switchboard (MSBCC) - One (1) 225 kVA, 480V-208Y/120V, 30, NEMA 1 transformer (T-P1C) - One (1) 800A, 208Y/120V, 30, 4W, NEMA 1 distribution board (P1 CC) -- One (1) 400A, 480Y/277V, 30, 4W, NEMA 1 panelboard (L1 CC) -- Three (3) 225A, 208Y/120V, 30, 4W, NEMA 1 panelboards (A, F, G) -- Two (2) 125A, 208Y/120V, 30, 4W, NEMA 1 panelboards (B, C) Provide and install the following combination starter/disconnect assemblies per Client provided project drawings (E00.2A, Note TYP):
- Two (2) 480V, 30, NEMA Size #2 combination starter disconnects, NEMA 1 enclosure
(Refrigerator Compressor, HVAC Unit)
-- One (1) 480V, 30, NEMA Size #1 combination starter disconnect, NEMA 1 enclosure
(AC Unit)
- Five (5) 480V, 30, NEMA Size #0 combination starter disconnects, NEMA 1 enclosure
(Condenser Pump, Condenser Fan, Air Compressor, Exhaust Fan, Booster Pump) Install one (1) 200A, 480V, 30, NEMA 3R fused disconnect serving RTU-1 Install three (3) 30A, 480V, 30, NEMA 3R fused disconnects serving AHU-1, ODU-1-1, and ODU-1-2
Reconnect all existing loads to new panelboards as indicated on Client provided drawings, including E40.1, Detail 3.

Feeders and Branch Circuits
Furnish and install the following new feeders and branch circuit raceways, conductors, terminations, supports, and identification:
- One (1) 4" EMT conduit with three (3) #500 THHN and one (1) #2 THHN (Transformer T -P1 C)
- Three (3) 4" FMC conduits with four (4) #350 THHN and one (1) #1/0 THHN (P1 CC)
- Two (2) 2-1/2" EMT conduits with four (4) #3/0 THHN and one (1) #2 THHN (L1 CC) - One (1) 2" EMT conduit with three (3) #1/0 THHN and one (1) #6 THHN (RTU-1) -_ One (1) 1" EMT conduit with three (3) #8 THHN and one (1) #8 THHN (ODU-1-1) 28 - Two (2) 3/4" EMT conduits with three (3) #10 THHN and one (1) #10 THHN (ODU-1-2, AHU-1)
- Four (4) 3/4" EMT conduits with three (3) #12 THHN and one (1) #12 THHN (CU -1, CU -2, FCU-1, FCU-2)
-- One (1) 3/4" EMT conduit with two (2) #10 THHN and one (1) #10 THHN from Panel A to provide 120V receptacle power at the new mechanical platform -- One (1) 3/4" EMT conduit with two (2) #12 THHN and one (1) #12 THHN from Panel G to provide 120V receptacle power and 120V AHU power Perform torquing, continuity checks, and operational testing of all new equipment and circuits.

Provide panel schedules, circuit directories, labeling, and as -built markups upon completion.

Exclusions
Drawings, Mechanical, Electrical, Structural Engineering and/or drawings • Title 24 calculations
• Abatement of hazardous materials
• Structural modifications/upgrades or Structural Engineering, • Any roofing upgrades
• Any interface or integration to Fire/Life Safety Systems, other than what's noted in scope
Repairs to any unknown underground surfaces
• Scanning or locating of rebar prior to field drilling of epoxy anchors • Caulking or Sealants, other than what's noted in scope • Waterproofing anything other than what's noted in scope • Anything that is not specifically mentioned in this scope of work TC — 11.1.4 Photovoltaic system installation w BESS
Measure Description
This measure provides for the design, engineering, procurement, construction, commissioning, and interconnection of solar carport photovoltaic (PV) system with Battery Energy Storage System (BESS) at the City of Bell Gardens Ford Park Community Center. Systems include structural carport canopy arrays, inverters, AC/DC wiring, foundations, trenching, utility coordination, monitoring, and all necessary components to deliver fully operational, code -compliant renewable energy systems. 29 Including Sites & System Sizes

FORD PARK
System Type
System Size
Year 1 Production
Energy Offset
Number of Modules and
Inverters
Carport Canopy

83.2 kW DC/60 kW AC
130,669 kWh
73%
141 & 1
Inverter Manufacturer Solectria
Field Height 13.5 ft
PV panel Manufacturer and Seraphim SRP-590-BTA-BG(or Tike Model kind)
PV Panel Nom. Power 590 Watt
Inverter Warranty & Panel 10 and 25 years
Warranty
Energy Storage System(ES S Detail
ES S System Ratin
Energy Capacity
Power Rating
ES S Equipment Description
Battery Banks
Inverters
277.0 kWh
125.0 kW
(1) Canadian Solar S -277-2h UL
(1) Canadian Solar S -277-2h UL

FORD PARK B
System Type
System Size
Year 1 Production
Energy Offset
Number of Modules and
Inverters
Inverter Manufacturer
Field Height
PV panel Manufacturer and
Model
PV Panel Nom. Power
Inverter Warranty & Panel
Warranty
Energy Storage System (ESS) Det
Carport Canopy

83.2 kW DC/60 kW AC
130,669 kWh
73%
141 & 1
Solectria

13.5 ft
Seraphim SRP-590-BTA-BG (or like
kind)
590 Watt
10 and 25 years
30 S Syste,
Energy Capacity
277.0 kWh
Power Rating
ES S Equip
lertt Description
Battery Banks
125.0 kW
(1) Canadian Solar S -277-2h UL
Inverters
(1) Canadian Solar S -277-2h UL
Scope of Work, including all labor, materials, equipment, project management, engineering, and supervision necessary to deliver complete solar PV systems at the referenced sites, including:
• Supply of modules/ BESS/racking/ inverters/ rapid shutdown • Units/panelboard/disconnect/balance of system
• Electrical/ structural engineering
• Interconnection
• Inverter level monitoring
• Trenching/boring/asphalt repair
• Concrete pad for BESS
• Assumes site has single 480V interconnection within existing electrical equipment • BESS to be located within 20 ft of switchgear
• Client to provide internet connection within electrical room for DAS system • Work to be performed during normal business hours — 7- 5PM M- F • A shutdown of the facility to tie in solar will be required. Facility should budget for eight (8) hours of down time
Exclusions
• Bollards
• Tree removal
• Spread footings/hard drilling
• Domestic content adders
• Upgrades to existing electrical equipment
• Utility upgrades if required
TC 13.3 — Irrigation Operation Adjustment and Pump Rebuild Pro'ect Scope of Work
31 . Coordinate with customer when work can be scheduled and equipment can be down for 2-3 days.
• Isolate valves and LOTO equipment and power source.
. Remove the existing irrigation pump and motor from the site and take to offsite location.
. Prepare area for reinstallation.
. Install rebuilt pump and new like for like motor to existing piping. • Remove valve isolation and LOTO.
• Start-up equipment, monitor for proper operation and cleanup work site. • Check out with customer.

Project Notes
. Labor to be performed during regular ABM Building Solutions business hours 6am- 3pm.
. Project Duration: 2-3 Days
. Any additional repairs not listed in the above scope shall be quoted as extra work items.
. Plan submittals, permits, plan checks, Title 24 load calculations, structural framing or support of any kind are excluded.
• Standard Manufacturers parts and labor warranty included. . ABM Labor ONLY Guaranteed for one (1) year from date of start-up. 32 City HaII/PD
TC - 06.3.1 Window Film
Install 222 square feet of window film on the office windows that face the courtyard.

TC — 20.1.1.1 Generator Replacement Equipment
Contractor will replace the 250 -kW diesel generator located at the City HaII/PD complex.

The new generator will be natural gas fired. The following is included in this scope of work:

Engineered drawings for plan check approval
Remove old generator from electrical room
Rig and transport new generator into the electrical room Install gas lines and connections to new generator
Install electrical main feeds between new generator and existing electrical infrastructure per drawings.

Install conduit, wire, pull boxes, subpanels and disconnects per drawings.

Install Transfer switch (ATS) for generator operation
• Connect and test existing EM distribution board for bldgs.

Install control wires for the Generator to ATS system
• Coordinate with the utility company for shutdown and connections. • Meet and coordinate commissioning and set up with generator manufacture • Meet and coordinate with city inspectors for all inspections and final sign offs. • Provide conduit, misc. wire, conduit, pull boxes, disconnects, and misc. connectors • Work to be performed 1st shift prevailing wage, County of Los Angeles. (Please note power transfer to new equipment and associated tasks will be completed at "Other Than Normal Working Hours")
• Provide temporary power during transfer to new equipment Exclusions
• Repairs or Upgrades to existing electrical infrastructure not specifically noted in this scope of work
• Emergency panels or disconnects - existing to be reused • Repairs or Upgrades to existing gas infrastructure
33 TC - 20.1.1.2 Switchgear Upgrade Replacement Equipment Contractor will replace the 1200 Amp switchgear located in the generator room at the City HaII/PD complex. The following is included in this scope of work:
• Engineered drawings for plan check approval
• Remove and dispose of existing switchgear and peripheral electrical cabinetry • Install new switchgear in the same location per drawings • Modify existing cabinetry to accept new switchgear cabinets • Make all electrical connections between electrical new gear and existing electrical infrastructure per drawings.
• Install conduit, wire, pull boxes and disconnects per drawings. • Coordinate with the utility company for shutdown and connections. • Meet and coordinate with city inspectors for all inspections and final sign offs. • Provide conduit, wire, pull boxes, and misc. connectors per drawings. • Work to be performed 1st shift prevailing wage, County of Los Angeles.(Please note power transfer to new equipment and associated tasks will be completed at "Other Than Normal Working Hours")
• Shutdowns will be performed on weekends or after hours where required. • Provide Temporary power during transfer to new equipment Exclusions
Repairs or Upgrades to existing electrical infrastructure not specifically noted in this scope of work
Underground conduit and trenching
TC — 20.1.1.4 Storage Tank Removal
Contractor will remove and dispose of the 12,000 -gallon underground diesel storage tank at the City Hall/PD complex. The tank is located under the PD sallyport. The following is included in this scope of work:
• Create project drawings
• Permit fees, and pull permit with L.A. County Dept, of Public Works, LA County Fire Dept Department, and the City of Bell Gardens.
• Contact dig alert and mark all underground utilities. • Saw cut around tank and piping runs to building, break out concrete and dispose of waste.
34 Excavate to expose 12,000g tank and attached supply, return, and vent piping on all sides.
• Stockpile back fill material on site for reuse.
• Slope excavation per OSHA requirements.
• Excavation will be approximately 12 ft in depth.
• South Coast 1166 notification and soil monitoring will take place during excavation. • Contaminated soil, if encountered, will be separated and covered for future disposal by customer.
• Purge diesel fuel in product piping back to tank.
• Disconnect and remove all attached supply/return piping, vent piping, and transition sump at building.
• Suck out residual diesel fuel and triple rinse tank. Properly dispose of all waste water and fuel.

Includes 500 gallons of manifested material (Existing diesel fuel should be removed prior to removal activities).
• Inert tank with dry ice and take LEL readings.
• Provide hydro -crane, load tank onto truck and transport to approved disposal facility for destruction.
• Provide geologist and take soil samples in tank hole and piping trench as directed by CUPA.
• Properly store and transport samples to certified laboratory for analysis. • Complete chain of custody paperwork.
• Soil testing and analysis will be performed per CUPA guidelines and permit conditions.
• Provide Tank Destruction Certificate to local CUPA and client • Backfill tank hole and piping trenches with existing material and additional pea gravel. • Install reinforcing bars and pour new 3000 psi concrete to match existing thickness. • A closure report shall be prepared by geologist and submitted to the CUPA and client.

This report shall include all permit docs, manifests, chain of custody, lab results, and misc project docs
• Perform all required testing and inspections will local regulatory agencies. • Includes all required labor, materials
35 Exclusions
• Any Demo / Excavation / Paving other than what is stated in scope of work. • Costs to relocate, repair, or replace any underground utilities. • Shoring / Bracing / De -watering of tank hole.
• Removal and / or disposal of any natural or man-made underground obstructions such as large rocks.
• Contaminated soil disposal / remediation not included. • Any directives by Regulatory Agency Inspectors that lead to additional work. • Any outstanding CUPA or agency taxes or fees.
• Engineered plans, stamps, calculations, or soils reports • Any other parts, labor, or materials not specified in Scope of Work. 36 Public Works
TC — 20.1.2.2 Switchgear Upgrade Replacement Equipment
Contractor will replace the 800 Amp switchgear located at the Public Work Facility. The following is included in this scope of work:

Engineered drawings for plan check approval
Remove and dispose of existing switchgear and peripheral electrical cabinetry Install new switchgear in the same location per drawings Modify existing cabinetry to accept new switchgear cabinets Make all electrical connections between new gear and existing electrical infrastructure per drawings.

Install one (1) 200A 120/240 3P generator docking station per drawings Install ATS for generator docking station per drawings
Install conduit, wire, pull boxes and disconnects per drawings. • Coordinate with the utility company for shutdown and connections.

Meet and coordinate with city inspectors for all inspections and final sign offs.

Provide conduit, wire, pull boxes and misc. connectors per drawings. • Work to be performed 1st shift prevailing wage, County of Los Angeles. (Please note power transfer to new equipment and associated tasks will be completed at "Other Than Normal Working Hours")
• Shutdowns will be performed on weekends or after hours where required.

Provide Temporary power during transfer to new equipment Exclusions
Load bank testing for temp generator
Repairs or Upgrades to existing electrical infrastructure Modifications to existing utility underground and conduit feeds 37 Other
TC — 20.1.3.1 Replace LED Marquee
Location A: Contractor will replace existing LED Marquee located at the intersection of Florence Ave, Florence PI. and Tolar Ave.

LED display
• 8.88mm full color display at 108 pixels high by 180 pixels wide (19,440 total pixels)
• Single sided 3'5" x 5'6" LED cabinet
• Active display area: 3' 2" x 5' 3" (16.6 square feet ) • 1 to 14 rows of text, and the ability to use your own images and video clips • 10 -year parts availability guarantee (see warranty for details) • Entire sign UL Listed and FCC Part 15 compliant
Locations B: Contractor will install two (2) new Programmable LED Marquee signs. One (1) sign at Ford Park Community Center and one (1) at Veteran Park School Bldg.

LED display
• 8.88mm full color display at 108 pixels high by 180 pixels wide (19,440 total pixels)
• Single sided 3'5" x 5'6" LED cabinet
• Active display area: 3' 2" x 5' 3" (16.6 square feet ) • 1 to 14 rows of text, and the ability to use your own images and video clips • 10 -year parts availability guarantee (see warranty for details) • Entire sign UL Listed and FCC Part 15 compliant
TC — Holiday Poles
Contractor will install two (2) 28 -foot poles located on E. Florence Ave next to Applebee's near the intersection at Eastern Ave. The following is included in this scope of work:

Formal plans set and engineering to be provided by the City of Bell Gardens Perform GPR at two (2) new pole locations
Demo sidewalk slab at two (2) new pole location
Form and pour two (2) new concrete footings per engineered drawings 38 Install two (2) 2022 Caltrans Std Plans & Std Specifications unless noted otherwise herein 26-3-100 - Mod. Ht. 28', w/ provisions only for SMA & LMA.

Intercept power at existing meter pedestal on adjacent sidewalk. • Trench approx. 15' to new pole locations and supply power to one (1) pole on southwest side of the street
Install support cable and SJO cord electrical feed from pole to pole across the street Make all electrical connections between new poles and existing electrical infrastructure
• Coordinate installation and inspections with all city officials.

Provide high reach equipment for installation
• Work to be performed 1st shift prevailing wage, County of Los Angeles.

Exclusions
Please note pricing is subject to change based on underground utility obstructions • Traffic control if required
Repairs or Upgrades to existing electrical infrastructure Pricing may change based on final approved plan set by the City of Bell Garden [END OF ENTIRE SCOPE]
39 EXHIBIT "B"

CONTRACTOR QUOTE
Contractor proposes to install the Scope of Work for the Energy Conservation Measures detailed in Exhibit "A", Contractor Proposal, for the City of Bell Gardens. Contractor will provide engineering, design, installation, Measurement and Verification of the savings for the first three years of the guarantee with no upfront cost or capital expenditure from the City of Bell Gardens. The total cost of the project is Six Million Seventy -Three Thousand Three Hundred Seventy -Five Dollars ($6,073,375.00). 40 EXHIBIT "C"

GENERAL NOTES
Hazardous Material
There may be some Hazardous Materials (as defined in the Agreement) in various rooms throughout the Sites. Except where specifically included in Exhibit B, CONTRACTOR has not included any costs associated with the abatement or removal of asbestos containing materials (ACM), lead based paints, or other Hazardous Materials in the Contract Price.

Electrical Infrastructure
Contractor is not responsible for any Electrical Repairs upstream of the Project tie in points, including any existing code deficiencies. It is assumed that this equipment has been maintained and is in good working order. Repairs to this equipment would be negotiated as an additional cost.

This Agreement does not include responsibility for repair or replacement necessitated by freezing weather, electric power failure, low voltage, burned -out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s), requirements of governmental, regulatory or insurance agencies, or other causes beyond control of Contractor.

Equipment Efficiencies
All new heating and cooling equipment will meet or exceed the minimum efficiency standards as set forth by the Department of Energy and will comply with all applicable EPA regulations in effect as of the Proposal Date.

Material Requirements
All equipment will be replaced with like equipment able to be serviced in the future by qualified Mechanical or Electrical Contractors. No proprietary equipment will be installed.

No requirements for Buy American are included in the scope of this Project.

Refrigerant
Some of the existing air conditioning equipment surveyed may contain R-22 refrigerant.

This refrigerant is no longer allowed to be used in new air conditioning systems. All new equipment will conform to EPA regulations for environmentally acceptable refrigerants.

All new work includes the necessary:

Permits and fees as required
• Crane and rigging service
• Removal and disposal of old equipment
• Project management
41 • City training on new equipment provided (Boilers, pumps, condensing units, air handlers, etc.)
• Up to eight hours of City training on new controls
• Engineering services as required
Not Included in This Scope:
• Asbestos abatement
• New filters for the existing equipment not being replaced • Temporary Heating and/or cooling during equipment replacement Structural Upgrades
Structural upgrades to the facilities at the Sites are not expected, but, to the extent any structure upgrades to the existing facilities are required, they are excluded from Contractor's Scope of Work and solely the responsibility of the City. If such modifications are required, the City will allow for an Excusable Delay until such time as the Contractor, acting in its capacity as Engineer of Record (EOR), can provide an approval plan to City, The City understands that any work associated with such modification, may generate an equitable extension in Contract Time and increase in Contract Price, as may be mutually agreed by the Parties.
42 EXHIBIT "D"

IRAN CONTRACTING ACT CERTIFICATION
43 Appendix A
Press Release Authorization
Client Release Form
ABM Industries Incorporated("ABM) requests permiss`sontouse certain of _ ..... ... ._ °s("CI'ient°')name, logo, photographs, videos, testimonials, and/or quotes (the "Client Information"),. as part of ABM's cormm unicat[ons plan. The purpose of this Client Release [s to describe the activities in which you agree to participate and the use rights of the parties with regard to the Client Information.

Client grants ABM and its affiliates" the use of CI'ient Information in the following:
(Please check those instances obere you are grtrntingyour Cornpenyc consent) flIn press releases, social medua posts, case studies, client profiles, and/or any other ABM marketing materials (video and print) jointly approved by ABM and Client,.
nIna listing of representative customers on ABM's website. riIn a listing of representative. customers in ABM's sales materials, flIn 'sting of representative customers in ABM's employee recru@tingmaterials.. flIn a listing of representative Gusto. mers in ABM's responses to Requests for Information, Requests for nQuotations or Requests for Proposal
riIn the ABM Annual Report,. Descri'Iption of Business in the following context:"ABN1 provides janitcr'ial services for businesses, such as
Client agrees that it will receive no corsipensati.onfrom ABM relating to the publ€cation, distribution orother use of the Client Information.

For any Client Information that requires interaction with Client employees, Clientwill. permit ABM to interview Cl.i.ent's employees and/ or contractors to gather the required information,. including quotes. Client agrees to obtain sufficient permissions from any of Client's employees arid/or contractors whose quotes, names, or pictures appear in the above -listed ABM materials, in order to grant the rights herein described.

Both parties agree that the final version of the Client Infurmationwill not be altered without prior written consent from the other party.

A.BN1 also agrees to stop distrihuting publicly referencing cing and dislrlay'ing the Client Information at any time upon written request from the Client.

Each party agrees to release the other party and its contractors, agents, and employees, from any claims relating to use of the material that the releasing party provides and which is included in the Client Information, so long as such use is in accordance with the rights granted under this release.

ABM thanks you for your consLderatiun and assistance in this important request.

ABM Industries. Incorporated Client Company
Name, Title Name, Title
Date Date
866.624.1520
ABM.com
44 STATE OF CALIFORNIA

IRAN CONTRACTING ACT VERIFICATION FORM
DGS PD 3 (Rev. 12/19)

DEPARTMENT OF GENERAL SERVICES

PRCUREMENT DIVISION
(Public Contract Code sections 2202-2208)
Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services ("DGS") pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d). The DGS list of entities prohibited from contracting with public entities in California per the Iranian
Contracting Act, 2010, can be found at:

Department of General Services Procurement Division Iran Contracting Act List ( http://www.documents.dgs.ca.gov/PD/poliproc/Iran%20Contracting%20Act%20List.pdf) To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below.

Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three- year ineligibility to bid on contracts. (Public Contract Code section 2205.)
OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Page 1 of 2 ends

Vendor Name/Financial Institution (Printed)
ABM
Federal ID Number (or
n/a)
TIN # 20-0357058
By (Authorized • natur
Printed Name . nd Title of Person Signing
Richard Seifert VP of Sales
Date
04/10/2026
OPTION #2 — EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case -by -case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed)
By (Authorized Signature)
Federal ID Number (or
n/a)
Date
Printed Name and Title of Person Signing

Page 2 of 2 ends

Annual Ene
Proposal Date
April 13, 2026
ABM Building Solutions LLC
14201 Franklin Ave
Tustin, CA 92780
Proposal
uildin Solutions, LLC
y Cost Avoidance Agree ent
Agreement Number Page

BY AND BETWEEN
City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, CA 90201
Hereinafter: Contractor Hereinafter: City

PROJECT DESCRIPTION AND LOCATION
1 of 16
This Contract provides for certain on -going support services and Energy Savings to be achieved in connection with the Work performed under the Contracted Services Agreement between ABM Building Solutions LLC ("Contractor") and the City of Bell Gardens ("City") dated April 20, 2021 ("Agreement") at Bell Gardens, California.

Contractor will provide the on -going support services set forth in the Savings Guarantee set forth in Exhibit "B" subject to the terms and conditions set forth in Exhibits "A", "B", "C", "D", "E", "F", and "G" hereto.

Beginning in the first Performance Year, an annual Energy Cost Avoidance Report will be provided to the City based on the requirements in Exhibit -E of this agreement. The savings will be guaranteed over the term of the agreement and will be measured per the requirements in Exhibit E for the three (3) year Reporting Term. A brief report will be provided through the remainder of the Guarantee Performance Term containing Verified Savings calculated in accordance with Exhibit A, Section 25.

Contractor guarantees the price stated in this Agreement for thirty (30) days from proposal date above. The proposal will become a binding Agreement only after acceptance by City and approval by an officer of Contractor as evidenced by their signatures below. This Agreement, including all Exhibits, and Attachments hereto, sets forth all the terms and conditions binding upon the parties hereto and no person has authority to make any claim, representation, promise, or condition on behalf of Contractor which is not expressed herein.

ABM Building Solutions, LLC City of Bell Gardens
Signature (Authorized Representative)
Joe Frankini
Senior Vice President
Signature (Authorized Representative)
Michael O' Kelly
City Manager
Date: Date:
eneral Ter s and Conditions to Savings Agee ent

1. City shall permit Contractor free and timely access to areas and equipment and allow Contractor to start and stop the equipment as necessary to implement the Savings Measurement & Verification Plan, All

work by Contractor under this Agreement will be performed during normal working hours; except that no work will interfere with City's activities,

2. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep ir7 full force and effect, insurance as follows:

Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss, or damage.

Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Five Million Dollars ($5,000,000) per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the State of California. a, Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement with appropriate limits relative to the size and scope of theft work.
b. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. c. 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.
d. 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. e. 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. f. The general liability and automobile policies of insurance shall contain an endorsement including City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. Contractor shall provide thirty (30) days' prior written notice to City of cancellation or non -renewal.
g•
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.
h. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
i. 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 pursuant to the insurance requirements listed herein.
2 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 Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
k. City reserves the right to modify these requirements at its cost, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3. Maintenance by City. City shall perform the required maintenance for all of its equipment affecting the Savings per the terms of such equipment's' manufacturer guidelines and standards. If Contractor determines in its sole reasonable discretion that such equipment has not been maintained according to those guidelines and standards, Contractor may terminate this Agreement and void the Guarantee.

4. 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 either the City Representative or the City Manager. Contractor may only terminate this Agreement for cause.

5. 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.
a. Contractor shall cure the following Event of Defaults within the following time periods:

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 Within thirty (30) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30 -day cure period. b. If an Event of Default relates to a material falsehood or misrepresentation set forth in this Agreement 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.
c. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by Contractor within thirty (30) calendar days of Contractor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within five (5) calendar days from the date of Contractor's Default Notice to City.
d. 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 shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein. e. No waiver of any Event of Default or breach under this Agreement 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.
f. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
4 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..

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 rights or remedy, g•
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. h. 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. In the event of any termination pursuant to this Section, Contractor shall be entitled to payment for all work performed up until the date of termination.

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.

6. 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.

7. Payment. Within thirty (30) calendar days of receipt of each invoice, City shall notify Contractor in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor. Contractor may terminate this Agreement if any outstanding amounts remain unpaid after delivering thirty (30) days' notice to cure to City. Contractor shall bill 20% of the contract price upon execution for mobilization. Contractor shall bill monthly thereafter based on the percentage of work completed each month as shown on Contractor's schedule of values.

8. No Partnership. Nothing in this Agreement shall be deemed to constitute a partnership in law between the parties, (ii) constitute any party the agent of the other for any purpose or (iii) entitle any party to commit or bind the other (or any member of its respective group) in any manner.

9. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 1O.Entire Agreement and Disclaimer of Reliance. This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and any and all prior agreements, understandings, or representations with respect to its subject matter in this agreement terminated and canceled in their entirety 5 and are of no further force or effect. The parties represent that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement, and any such reliance is hereby disclaimed.

11. No Third -Party Rights. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement. nor shall any provision give any third person any right of subrogation or action over or against any party to this Agreement.

1.2. Legal Capacity. Each of the parties and signatories to this Agreement has the full right, power, legal capacity, and authority to enter into and perform the party's respective obligations under this Agreement, and no approvals or consents of any other person are necessary in connection with that authority. 11 Successors and Assigns. All of the terms and provisions contained in this Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs, legal representatives, successors, and assigns. No party may assign, transfer, or novate any of its rights and obligations either in whole or in part to any other person or entity without the written consent of the other.

1.4.Further Assurances. Each of the parties to this Agreement shall execute and deliver any and all additional papers, documents, and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations under this Agreement to carry out the intent of the parties to this Agreement.
bS. Attorney's 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.

16.Independent Counsel. All of the parties warrant and represent that they have been advised that they should be represented by counsel of their own choosing in the preparation and analysis of this Agreement; that they have been represented by independent counsel or have had the opportunity to be represented by independent counsel; and that they have read this Agreement with care and believe that they are fully aware of and understand its contents and its legal effect.
6 Exhibit . efinitions

1. Actual Energy Use: For a given Measurement Year, the actual energy consumption of the Premises or ECM, based on the Factors Affecting Energy Use.

2. Adjustments: Changes in the Factors Affecting Energy Use will be reviewed to determine the need for adjustment. Two types of adjustments are possible:

Routine Adjustments - for any energy -governing factors, expected to change routinely during the reporting period, such as weather or production volume. A variety of techniques can be used to define the adjustment methodology. Techniques may be as simple as a constant value (no adjustment) or as complex as several multiple parameter non-linear equations each correlating energy with one or more independent variables.

Valid mathematical techniques must be used to derive the adjustment method for each M&V Plan.

Non -Routine Adjustments - for those energy -governing factors which are not usually expected to change, such as: the facility size, the design and operation of installed equipment, the number of weekly production shifts, or the type of occupants. These static factors must be monitored for change throughout the reporting period.

The Baseline may be adjusted to account for any non -operational equipment fixed or any repairs or setting changes made to bring equipment up to code, such as introduction of proper levels of outside air to comply with codes for indoor air quality. This type of adjustment is used to accurately determine building operating costs had all equipment been operational and meeting building code requirements.

3. Agreement or Contract: The Annual Energy Cost Avoidance Agreement.

4. Baseline Energy Rates: Defined as cost per unit for each energy and utility consumption or demand unit, as developed from the Baseline Energy Use. The Baseline Energy Rates are identified in Exhibit D.

5. Baseline Energy Use: The Baseline Energy Use is obtained by measuring or calculating the average energy consumption at CITY's Premises or ECM prior to work performed by Contractor under the Project Agreement during the Baseline Period. It shall be established by Contractor after identification and consideration of, and controlling for, the Factors Affecting Energy Use. It is understood that in the event of changes in Factors Affecting Energy Use, the Baselines will be revised from time to time as detailed in this Agreement. In addition, data collected during the period before construction may indicate a change of the energy use pattern at the Premises and require a change to the Baselines. Contractor shall notify the CITY, in writing, of all such changes. 7 6. Baseline Period: A defined period of time evaluated and determined to be representative of premises operation, energy, and utility use. Baseline periods are defined in the following table:

FACILITY

ELECTRICITY

NATURAL GAS
WATER
John Anson Ford Park 05/08/2024-05/08/2025 09/23/2023 - 09/23/2024 08/22/2024-08/22/2025 Ford Park Aquatic Center N/A to Scope 10/23/2025 - 01/23/2026 N/A to Scope Marlow Park 05/07/2024 - 05/07/2025 N/A to Scope N/A to Scope Dept of Public Works 04/02/2024 - 04/01/2025 12/27/2023 - 12/27/2024 N/A to Scope City Hall/PD 04/02/2024 - 04/01/2025 12/28/2023 - 12/30/2024 N/A to Scope

7. Contractor shall mean ABM Building Solutions LLC.

8. CITY shall mean City of Bell Gardens.

9. ECM: An ECM, or Energy Conservation Measure, is the common term defined to include changes to premises such as equipment retrofit and other actions that result in energy conservation, efficiency, generation, or improvement in rate structure. ECMs within this Agreement may be numbered according to the Technology Categories (TC's) as defined by the U.S. Department of Energy. 1O. Energy: The term Energy will be used throughout this Agreement as a simplified reference to both Energy & Utility. Some utility types such as water and sewer are not classified as Energy. 11, Energy Use: The term Energy Use will be used throughout this Agreement as a simplified reference to both Energy & Utility consumption, demand, and generation.

12. Factors Affecting Energy Use: Operations, use type, hours and levels of occupancy, occupant population, adjustments in labor force, building use, operational procedures, temperature, climate, weather, humidification, ventilation levels and rates, installed lighting and scheduled use, building construction and size, general level of repair and efficiency of heating and air conditioning equipment and other energy -using equipment, amount of heating and air conditioning and other energy -using equipment, plug loads, schedule, or any other variable that may change the energy load profile. The Factors Affecting Energy Use are not limited only to those factors that are within CITY's control.

Should project scope changes occur during the installation period that deviate from the original design and would impact the ongoing energy consumption or demand of one or more ECM's, a Guaranteed Savings Change Order Form should be completed to document the impact and define if (a) the Guaranteed Savings will be changed, or if (b) an Adjustment will be made to future reported Verified Savings. An example of a form that may be utilized is provided in Exhibit G.

13. Guarantee Performance Term: A period of fifteen (15) years or until the termination of this agreement, whichever comes first.
8 14. Guarantee Performance Term Commencement Date: The M&V Services and the Savings Guarantee shall commence on the first day of the month following execution of the Certificate of Final Completion of the Project in accordance with the Project Agreement.

15. Guaranteed Savings: The amount of anticipated savings as compared to the Baseline, expressed in units of dollars, which Contractor is guaranteeing under this Agreement as set forth in more detail in Exhibit D.

16. Installation Period: The period beginning with the CITY's execution of Notice to Proceed and ending on the day before the Guarantee Performance Term Commencement Date.

17. Installation Period Savings: Prior to the Guarantee Performance Term Commencement Date, if the Project results in any Verified Savings for such period, such savings are the "Installation Period Savings", which can be shortened to "Install Savings". Install Savings occurs when an ECM is completed and begins providing Beneficial Use or Savings prior to the Guaranteed Performance Year Commencement Date.

18. IPMVP: International Performance Measurement & Verification Protocol provides guidelines and best practices. The Contractor utilizes knowledge of this and other industry references to build an M&V Plan that describes activities that have been or will be conducted to validate the Baseline performance of each ECM or utility type, along with Post -Installation, and Ongoing performance of each ECM or utility type. IPMVP defines M&V techniques as Options A, B, C, or Das described below:

Retrofit Isolation: "Option A": Known as Key Parameter Measurement. Savings are determined by field measurement of the key parameter(s), which define the energy use of the ECM's affected system(s) or the success of the project. Measurement frequency ranges from short-term to continuous, depending on the expected variations in the measured parameter and the length of the reporting period. Parameters not selected for field measurements are estimated values. Estimates can be based on historical data, manufacturer specifications, or engineering judgment. Documentation of the source or justification of the estimated value is required. The plausible saving error arising from estimation rather than measurement is evaluated.

Retrofit Isolation: "Option B": Known as All Parameter Measurement. Savings are determined by field measurement of the energy use and/or related independent or proxy variables of the ECM affected system.

Measurement frequency ranges from short-term to continuous, depending on the expected variations in savings and length of the reporting period.

Whole Facility: "Option C": Savings are determined by measuring energy use at the whole facility utility meter level. Continuous measurements of the entire facility's energy use are taken throughout the reporting period.

Typically, regression analysis is conducted to correlate with and adjust energy use to independent variables such as weather. Regression models can consider the impacts of weather and other independent variables on energy use, whereas simple utility bill comparison techniques cannot.

Calibrated Simulation: "Option D: Savings are determined through simulation of the energy use of the whole facility, or of a sub -facility. Simulation routines are demonstrated to adequately model actual energy performance in the facility. This option requires considerable skill in calibrated simulation.

19. Measurement & Verification Plan: The M&V Plan defines the Contractor's process of preparing reports, taking on -site measurements, monitoring building automation systems, and/or any additional work to quantify Savings for the purpose of meeting the Guaranteed Savings as identified in Exhibit D. Contractor's measurement and verification activities shall not include maintenance of the Project or record keeping related to such maintenance, which shall be the sole responsibility of CITY. The savings, once calculated, are typically stipulated for the life of the project, but may be measured or visually inspected annually. Exhibit E defines the specific M&V Plan for the project. Ongoing actual measurements may or may not be used as identified in Exhibit D.
9 20, Performance Year: Each twelve (12) month period beginning with the Guarantee Performance Term Commencement Date and continuing through the end of the Reporting Term. 21, Premises: The facility(ies), property(ies), or equipment, as applicable that is the subject of the Energy Conservation Measures taken in connection with this Agreement and the Project Agreement, set forth in more detail in Exhibit D.

22. Project Agreement: the agreement governing the Project by and between Contractor and CITY.

23. Project: The Bundled Energy Solution project performed by Contractor for the CITY pursuant to the Project Agreement.

24. Projected Savings: When Verified Savings are unable to be calculated due to changes in Factors Affecting Energy Use or if data, system access, site access, or other items necessary to calculate Verified Savings are not made available, Contractor will provide an estimate of savings equal to the greater of Guaranteed Savings, previous Verified Savings, or expected savings based on as -built conditions.

25. Reporting Term: A period of three (3) years, beginning on the Guarantee Performance Term Commencement Date, or until the termination of this agreement, whichever comes first. Annually, an Energy Cost Avoidance Report will be provided within 60 days after the end of the Performance Year. CITY shall provide written notice to Contractor within 90 days after receipt of each Annual Energy Cost Avoidance Report if it disputes any finding contained in the report. Failure to provide written notice in accordance with this paragraph shall waive any right to dispute the findings of the report and CITY shall be deemed to have agreed to all findings. Should the Reporting Term be less than the Guarantee Performance Term:

EL The Savings reported in the final Performance Year of the Reporting Term will be stipulated for the remainder of the Guarantee Performance Term. A proxy report will be provided through the remainder of the Guarantee Performance Term and savings will be calculated by applying the annual escalation percentage(s) from Exhibit D, Section 2, to the Savings for the previous Performance Year. b. Should a Shortfall of Savings occur in the final year of the Reporting Term, Contractor may, at its cost, render additional services or install additional equipment in order to generate enough Savings to offset the Shortfall. If Contractor elects to remedy the conditions, then the Savings, for the Performance Year in which the remedy occurs, escalated, will be stipulated as the Savings for the duration of the Guarantee Performance Term.
26, Savings: The term Savings, or Verified Savings, refers to energy & utility cost avoidance, operations and maintenance cost avoidance, and capital cost avoidance calculated in accordance with the terms of this Agreement.

27. Savings Shortfall and/or Excess: For each year during the Performance Term where Verified Savings are less than the Guaranteed Savings for the same period, a Savings Shortfall will be reported. For each year during the Performance Term where Verified Savings are greater than the Guaranteed Savings for the same period, a Savings Excess will be reported.
10 Exhibit Savin
s
ua ra ntee
I_ The annual Verified Savings will be calculated using the auditing procedures and operational verification, as described herein, which compares the Baseline Energy Use of the Premises or ECM with that of the Actual Energy Use during the applicable Performance Year, with applicable adjustments. Published or calculated degree days will be used in the auditing process to allow for differences of weather conditions between the Baseline Energy Use and the Performance Year.

Verified Savings is calculated by adding energy & utility cost avoidance and Operational Cost Avoidance. Energy and utility cost avoidance is calculated by applying escalated Energy Rates to Energy Consumption and Demand savings determined in accordance with Exhibit E. Operational Cost Avoidance is agreed to by the parties as detailed in Exhibit D. Verified Savings may include utility rate switching and energy generation from renewable ECMs such as solar photovoltaic installations. Savings projections should NOT be used by themselves for budgeting purposes, as many factors outside of the project scope such as changes in occupancy, weather patterns, and overall building operation can impact actual utility and energy costs.

IPMVP defines Savings as "Reduction in Energy Consumption, Demand, or Cost that occurred in the Reporting Period, relative to the Baseline Period, as adjusted for the Reporting Period conditions.., determined by adjusting the Baseline Period Energy to the Reporting Period conditions by using Routine Adjustments and Non -Routine Adjustments." Therefore, Savings are not a simple comparison of raw data between two time periods and will be determined as shown below:

Savings = (Baseline -- Reporting -Period) ± Routine Adjustments ± Non -Routine Adjustments This calculation is applied to energy demand and consumption savings, then monetized using the applicable rate. The final Verified Savings, or Energy Cost Avoidance, is then compared to the Guaranteed Savings to determine if the expected savings has been achieved. Savings is reconciled at a total project level and not by individual premises, ECM, or utility type.

2. Except to the extent of any annual maintenance program with the Contractor, the CITY shall be solely responsible to maintain the Project in a manner consistent with the manufacturer's or Contractor's recommended maintenance schedules and procedures, maintain all records associated with such maintenance, and upon request of the Contractor, provide copies of such records thereof. Such maintenance shall be a condition precedent to this Savings Guarantee. Contractor may, if it deems necessary, inspect the Premises from time to time to implement its Savings Measurement & Verification Plan. If any ECM or associated equipment is not being maintained properly and is impacting the ECMs ability to perform property, an adjustment to reported savings may be applied until such time Contractor and CITY agree resolution has occurred.

3. For the purpose of determining Savings, Contractor shall prepare reports, take on -site measurements, monitor building automation systems, and/or additional work as required by and detailed in its Savings Measurement & Verification Plan.
4, The CITY acknowledges and consents to Contractor's right to monitor Actual Energy Use, Factors Affecting Energy Use, and energy management performance by conducting on -site measurements, including, but not limited to, reading meters, accessing the Building Automation System remotely and on -site, and installing and observing on site monitoring equipment. The CITY shall cooperate fully with any such measures instituted by Contractor pursuant to this Subsection. Contractor shall not institute any measures that unreasonably interfere with the business of CITY conducted at the City's location, 11 5. For the purpose of determining Actual Energy Use and Savings, CITY shall cooperate with Contractor by providing utility bills, Building Automation System trend data, and other applicable information and maintenance records, changes in Factors Affecting Energy Use, and/or additional information as requested by Contractor personnel.

6. Savings Guarantee: Subject to changes in the Factors Affecting Energy Use, Contractor guarantees that the CITY will realize total Savings during the Guarantee Performance Term not less than the Guaranteed Savings set forth in Exhibit D.
7, Guarantee Shortfall Payment: Should the sum of CITY's Verified Savings for a given Performance Year be less than the Guaranteed Savings for that Performance Year, Contractor shall pay to the CITY; within 30 days of the acceptance of the annual Savings Report (Energy Cost Avoidance Report Report), the difference between the Guaranteed Savings for such year and the Verified Savings for that Performance Year, with such amount not to exceed the Guaranteed Savings amount set forth in Exhibit D (the "Guarantee Payment"). Contractor will have the right to offset its Guarantee Payment obligations by any amount due to Contractor from CITY under this or any other agreement. If in the judgment of the CITY, CITY would benefit from additional energy services or energy saving retrofits, CITY and Contractor may mutually agree upon such services or retrofits in lieu of the Guarantee Payment. For the purposes of this Contract, such services or retrofits actually delivered by Contractor will be considered a Guarantee Payment for that Performance Year. There shall be no carryover with respect to either Excess Savings or Savings Shortfall for any Performance Year into future Performance Years; provided, however, any Installation Period Savings shall be credited towards the Guarantee for the first Performance Year.

8. If Contractor can correct a prospective Savings Shortfall, through operational improvement at no expense to CITY and based upon documentation and records provided to CITY and reasonably acceptable to it, with no material interference to the programs or design Standards of Service and Comfort,with no future increased operational expenses or reduction in life of the ECMs and CITY declines to allow such operational improvement, then any future Savings Shortfall the improvement would have corrected will be stipulated and added to the annual reported Verified Savings for the remainder of the Guarantee Performance Term.

9. Changes in Factors Affecting Energy Use
a, The CITY shall notify Contractor in writing within ten (10) business days of any change in any Factor Affecting Energy Use. Contractor will determine the effect that any such change would have had on the obligations and rights under this agreement (such as changes to the Savings, Baseline Energy Use, etc.) and present to the CITY a written analysis of the effects of the changes. Changes that are long- term or permanent will be reflected in a change to the Baseline Energy Use. Temporary changes that affect energy use will he calculated and added to or subtracted from reported Savings for the corresponding months.
b. If a change in any of the Factors Affecting Energy Use occurs and results in a reduction of Savings, the Guaranteed Savings shall be reduced accordingly, or the reported Savings will be adjusted upward.

10. CITY and Contractor may from time -to -time desire to make changes to the Project infrastructure for the express purpose of increasing Savings. It is agreed that these changes will only be made with the written consent of both parties, which will not be unreasonably withheld. The Baseline Energy Use will not be adjusted to reflect any changes agreed to under this subparagraph without the mutual agreement of the parties, except that if Contractor elects to pay for the cost of any such changes that would not unreasonably interfere with the conduct of CITY's business, and the CITY does not consent to such 12 changes, then reported Verified Savings will be adjusted by the amount of savings projected from the changes.

11. When the Project's effect on savings cannot be accurately determined for any given period of time due to construction or other major changes to the Premises, Projected Savings will be used in lieu of Verified Savings for the corresponding period of time,

12. Contractor has the right to charge the CITY for work required to assess the effect on Baseline Energy Use for any large-scale changes, including, but not limited to, building additions, new buildings, and new or changed HVAC or other equipment, that require more than forty (40) hours per year to be spent in calculating their effect on the Savings. Such hours will be billed at current Contractor engineering rates. Current rates for engineering are based at $150/hr. starting in 2021 and shall be escalated in accordance with Los Angeles County published CPI, not to exceed $250/hr. in 2036. Before initiating such work, Contractor will notify the CITY in writing of the intent and cost associated with the work. The CITY will, within 45 days in writing, notify Contractor with permission to proceed or, alternatively at no charge, to stipulate that the Guaranteed Savings for the existing Premises in question be used for the purpose of calculating the Verified Savings. If Contractor does not receive written notice within 45 days, the Guaranteed Savings for the existing Premises in question will be used as Projected Savings until such time that the CITY approves the work if the scope of the work has not changed.

13. If the CITY fails to notify Contractor of changes in Factors Affecting Energy Use or fails to supply Contractor with requested information that is required for any calculations required hereunder in a timely manner, the Projected Savings for the period will be equal to the Guaranteed Savings for the period. If information for the period in question is supplied at a later date, the Verified Savings for that period will be retroactively modified only if the actual Verified Savings for that period of time exceed the Guaranteed Savings. 14, The CITY agrees that Contractor shall have the right, with or without prior notice, to inspect the Premises to determine if the CITY is in compliance with its obligations as set forth herein. In the event that any inspection discloses that the CITY has failed on the date of the inspection to be in compliance with any items set forth herein, then the Guaranteed Savings shall be assumed to have been achieved for and with respect to the portion of the Performance Year during which such failure shall have existed, 13 Exhibit C — Miscellaneous Terms and Conditions

1. Utility Savings Derivation
Savings may be derived from new and retrofitted mechanical and electrical equipment, controls, light fixture retrofits, water fixture retrofits, new utility rate structures, lighting specifications, and efficiency improvements as generated by new and retrofitted equipment as listed in Attachment A of the Bundled Energy Solutions Project Agreement.

2. Base
ine Conditions
Baseline Conditions is defined as the set of conditions that determined CITY's energy consumption during the 12 - month Baseline Period. The Savings are based on consistent energy use and building operating patterns in the future as compared to the Baseline Conditions, with adjustments made for non -performing devices made operational to altered to meet building code requirements.

The Savings set forth in Exhibit "D" are based on the Factors Affecting Energy Use, as they are at the time this Agreement is executed. Changes in Factors Affecting Energy Use will be adjusted according to the effect on original criteria.

3. Run Times / Conditions
Baseline Operating Parameters
I. HVAC Savings - Run Times / Conditions
The design space temperatures for heating are 68 to 70 degrees or less; the design space temperatures for cooling are 72 to 74 degrees or more. Where applicable, the control system will be set to achieve the nominal design space temperature for heating or cooling.

Weekly building occupancy hours are listed below:

LOCATION OCCUPANCY HOURS
Marlow Park
Post -Installation Operating Parameters
M -F, 2PM- 6PM
14 I I. HVAC Savings - Run Times/ Conditions
The design space temperatures for heating are 68 to 70 degrees or less; the design space temperatures for cooling are 72 to 74 degrees or more. Where applicable, the control system will be set to achieve the nominal design space temperature for heating or cooling.

Weekly building occupancy hours are listed below:

LOCATION OCCUPANCY HOURS
Marlow Park
Ford Park Community Center

4. Budffing Standard of Comfort
M -F, 2PM- 6PM
All Days, 9AM — 9PM
The design space temperatures for heating are 68 to 70 degrees or less; the design space temperatures for cooling are 72 to 74 degrees or more. Where applicable, the control system will be set to achieve the nominal design space temperature for heating or cooling.
15 Exhibit D — Baseline Parameters and Annual
Guaranteed Savings

1. Annual Baseline Energy Use
Table 1 Annual Baseline Energy Use

FACILITY
John Anson Ford
Park
Ford Park Aquatic
Center
Marlow Park
SQ. FT.

ELEC USE ELEC ELEC
(KWH) DEMAND
(KW/YR) ($)
GAS FUEL ($) WATER
(MMBTU) (KGAL)
24,200 349,255 3,299 $149,703 61
N/A to N/A to
25,000 Scope N/A to Rate Scope
2,880 9,291
Dept of Public Works 18,000
City Hall/PD
N/A to
N/A to Rate $3,026 Scope
62,808 217 $20,349 62
WATER
($)
TOTAL ($)
$1,224 35,138 $225,563 $376,490
N/A to N/A to
3,110 $35,691 Scope Scope $35,691
$3,026
$1,225 $21,575
$42,870
N/A to
Scope
40,010 137,163 366 $39,307 206 $3,563
N/A to
Scope
N/A to
Scope
N/A to
Scope
N/A to
Scope
N/A to
Scope
N/A to
Scope
The Baseline Annual Energy Usage in the table above shall be adjusted by the amounts and the reasons listed in the Table 2 below:

ADDITIONAL

FACILITY ELECTRIC USE
(KWH)
John Anson
Ford Park
30,935

ADDITIONAL

ELECTRIC COST
($)
$8,991

ADDITIONAL

NATURAL GAS

USE (MMBTU)
23 ADDITIONAL

NATURAL GAS ADJUSTMENT REASON
COST ($)
$388
Adding HVAC to Gym &
Community Center

2. Energy Rates
Table 2 below includes the Initial Baseline Energy Rates that will be used to calculate Year 1 Savings. These rates will be escalated annually by 8% for purposes of calculating Savings starting with Year 2 of the term. Savings shall be calculated using the escalated Initial Baseline Energy Rates or Performance Year (Actual) energy rates for each location, whichever results in greater Savings Actual energy and utility rates may be calculated at the end of each Agreement year if utility billing information is provided for the Performance Year using the same methodology as was employed to determine the Baseline energy rate in the Comprehensive Energy Analysis Report.

Table 3 Initial Baseline Energy Rates

FACILITY
John Anson Ford Park
Ford Park Aquatic Center
$0.291 $17.834
N/A to Scope N/A to Scope
$/KGAL
$17.170 $6.419
$11.461 $6.419
16 Marlow Park
Dept of Public Works
City HaII/PD
$0.307 N/A to Rate N/A to Scope N/A to Scope
$0.220 $17.262 $16.800 N/A to Scope
$0.136 $48.307 $16.394 N/A to Scope

3. Projected Annual Consumption and Demand Savings
ABM estimates the following Performance Year 1 reduction of utility and energy demand and consumption. These figures have been used to calculate total Energy & Utility Cost Avoidance (Savings).

Table 4. Projected Annual Energy Use Savings
KWH
262,305
6 651
KGAL
436
Most kWh savings are attributed to electricity production from Solar Photovoltaic (PV). That production is assumed to degrade over time, beginning in Year 2. The projected annual electricity production from Solar PV over the duration of the term is provided in the following table:

Table 5. Solar Projected Electric Production (KWH)
YEAR
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20

SOLAR PV PROJECTED ELECTRIC

PRODUCTION (KWH)
261,494
260,187
258,886
257,591
256,303
255,022
253,747
252,478
251,215
249,959
248,710
247,466
246,229
244,998
243,773
242,554
241,341
240,134
238,934
237,739
17 4. Guaranteed Savings Summary
Using the above B,1seline Energy Rates, the savings from Energy and Operational Cost Avoidance for Performance Year One is $201,679.00.

The breakdown is as follows:

Energy Cost Avoidance:

Operational Cost Avoidance:

5. Annual Guarantee Escalation Rates
$147,679.00
$54,000.00
The Guaranteed Savings amounts will be escalated annually starting with Year 2 of the term as follows:

Energy Cost Avoidance: 8.00%
Operational Cost Avoidance: 8.00%
18 Exhibit E
easure ent and Verification
ABM and the CITY agree that the Verified Savings by ECM or utility type will be determined using the following Measurement & Verification plans further described in this section, Through this plan, the guaranteed savings generated by the ECMs installed in the Facilities will be validated, The M&V methodologies proposed for these ECMs are based on industry standard Measurement and Verification Guidelines.

During the term of the Agreement, ABM may adjust Savings due to changes in the standards and comforts as described in Exhibit C, building occupancy, weather data, and utility rate schedules, etc. The unit costs of energy will be applied to the Savings calculated by this M&V plan.

The following is a brief overview of the measurement and verification methodologies applicable to the Improvement Measures set forth below. ABM shall apply these methodologies, as more fully detailed in the guidelines and standards of the International Measurement and Verification Protocol (IPMVP} in connection with the provision of M&V Services hereunder,
Selected M&V Methodology Description:

Retrofit Isolation Option A: Key Parameter Measurement
Measured Project Benefits are determined by partial field measurement of the energy use of the system(s) to which an Improvement Measure was applied separate from the energy use of the rest of the facility.

Measurements will be short-term with annual or one-time measurements before and after the Installation Period or as outlined in the M&V descriptions below.

Partial measurement means that some, but not all parameters will be measured. Careful review of the design and installation of Improvement Measures is intended to demonstrate that the stipulated values fairly represent the probable actual values, Agreed -upon values will be shown in the measurement and verification plan, along with analysis of the significance of the error they may introduce. Engineering calculations using short-term pre- and post -retrofit measured and stipulated parameters are used to calculate Savings for the duration of the Performance Term.

The M&V plan for this project does not include a utility bill comparison (known as Option C or Whole Facility monitoring). In this case, Option C would not be cost-effective, requiring extensive ongoing review of equipment not impacted by this project. The ECMs within this Project will generate Savings that are expected to have minimal variation, so Retrofit Isolation will provide the appropriate level of cost/benefit.

Annually during the Reporting Term, site inspections will be performed to verify equipment remains in place and in proper condition to produce the expected savings.
19 Table 6 — Project Specific Savings, M&V Plan

MEASURE M&V DESCRIPTION
TC 4.1
HVAC Equipment
Replacements
M&V Approach:

Agreed Upon
Utilities: Electric,
Natural Gas
TC 11.1
Solar Photovoltaic (PV)
M&V Approach:

Option A
Utilities:

Electric
TC 11.2
Pool Cover
M&V Approach:

Agreed Upon
Utilities:

Natural Gas, Water
Baseline: Engineering methods used to calculate savings for the upgrade of HVAC equipment and AHUs. Existing name plate efficiency (EER/COP for HVAC equipment and fan motor efficiency) adjusted for equipment age and condition used for baseline conditions, typically a 1 SEER reduction in efficiency per 10 years of equipment.

Post -Installation: Verification of proper installation and new name plate equipment efficiencies (EER/COP for HVAC equipment and fan motor efficiency) and operation during construction phase to verify savings. Savings will be re -calculated based on as -built conditions.

No further calculations will be performed.

Ongoing: Annual visual inspection (during Reporting Term) of a sample of scope items.

Baseline: The annual solar radiation as utilized in the calculation of the annual electrical generation of the PV array will be assumed to represent a typical meteorological year (TMY) and will be held constant during the performance period for the purpose of energy generation calculations. PV Module Performance and inverter efficiencies are based on manufacturer's data.

Post -Installation: After installation and functional testing of the PV system, a measurement of instantaneous system efficiency is to be made and compared against the expected system efficiency given operating conditions at the time of measurement. The PV system should have an instantaneous efficiency measurement of +/- 5% of the expected power output as dictated by the design parameters and measured field conditions.

Ongoing: Annual visual inspection (during Reporting Term) of all scope items. Weather conditions impact the systems' ability to produce electricity. ABM has no control over that key parameter, so current environmental conditions may be used to model a weather -normalized target for comparison to actual production. The achieved percentage will be applied to the projected kWh amounts listed in the previous section to determine annualized savings.

Baseline: Baseline conditions were established based on an uncovered outdoor pool. Existing operating conditions, including pool surface area and operating schedule were documented.

Engineering calculations and industry -standard assumptions were used to estimate thermal and evaporation losses.

Post -Installation: Confirm that the cover is appropriately sized and operable for the subject pool. Confirm that facility staff are trained on proper deployment procedures and that the cover is utilized during all scheduled non-use hours. Savings are agreed upon and no post - installation recalculation will be performed.

Ongoing: Annual visual inspection (during Reporting Term) to verify the continued presence and operability of the pool cover. Confirm through spot checks or staff interviews that the pool cover continues to be used during non-use hours in accordance with the intended operating schedule.
20 Exhibit F- Savin s Calculations
To keep the number of pages reduced, detailed savings calculations were not included in this document.

Detailed energy savings calculations will be provided upon request. 21 Exhibit
Chan -e
uarantee Savings
r
er For
This form will be modified to fit the specific change(s) being requested.

Change Order No.

Change Order Title
Scope avocation Original Scope Description
Cost Impact:

Schedule Impact:

Savings Impact:

Proposed Change to Scope Description
Requires Change to Guaranteed SavingsRequires Y or N
Change to M V Methodology. Effective Date: Y or N
Effective Years:

Utility Type and Units.

Utility Savings ( ):
(E/DD/YYYY
Year #•to
Changes to the original scope can be addressed either by revising the Guaranteed Savings, or by applying a Savings Adjustment to the Reported Savings. This Change Order will address the impact as follows:
(Description will be added here,.)
Approvals
ABM Building Solutions, LLC
Signature (Authorized Representative)
Joe Frankini
Senior Vice President
City of Bell Gardens
Signature (Authorized Representative)
Michael O' Kelly
City Manager
Date: Date:
22 RESOLUTION NO. 2026-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS MAKING FINDINGS PURSUANT TO GOVERNMENT CODE
SECTION 4217.13 AND IN TURN AUTHORIZING THE CITY MANAGER

TO EXECUTE AN EQUIPMENT LEASE PURCHASE AGREEMENT,

PAYMENT SCHEDULE, AND RELATED DOCUMENTS WITH RESPECT

TO THE FINANCING OF THE ACQUISITION AND INSTALLATION OF

CERTAIN ENERGY CONSERVATION EQUIPMENT, ALL DOCUMENTS

REQUIRED IN CONNECTION THEREWITH, AND THE TAKING OF ALL

OTHER NECESSARY ACTIONS TO THE CONSUMMATION OF THE

TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION
WHEREAS, the City of Bell Gardens ("City") is a general law city incorporated under the laws of the State of California and is authorized by the laws of the State of California to purchase, acquire, and lease real and personal property for the benefit of the City and those it provides services to and to enter into contracts with respect thereto; and
WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources; and
WHEREAS, California Government Code Sections 4217.10 to 4217.18 (the "Energy Conservation Contracts Statutes") authorize the City to enter into a facility financing contract and a facility ground lease if the City Council finds that it is in the best interest of the City to enter into such facility financing contract and that the funds for the repayment of the financing or the cost of the design, construction, and operation of the energy conservation facility, or both, as required by the contract, are projected to be available from revenues resulting from the sale of electricity or thermal energy from the facility or from funding that otherwise would have been used for the purchase of electrical, thermal, or other energy required by the City in the absence of the energy conservation facility, or both; and
WHEREAS, the City of Bell Gardens desires to reduce the steadily rising costs of meeting the energy needs at its facilities; and
WHEREAS, the City is authorized under Section 37351 of the California Government Code to purchase, lease, receive, hold and enjoy such personal property as is necessary or proper for municipal purposes and to control, dispose of, and convey such property for the benefit of the City; and
WHEREAS, to finance the acquisition and installation of the energy conservation equipment, the City proposes to enter into an Equipment Lease Purchase Agreement and a Payment Schedule (together with the related escrow agreement and other documents, exhibits, schedules, and certificates, including federal tax agreement, the

Resolution No. 2026-35
"Agreements") with Capital One Public Funding, LLC ("Capital One"), in a principal amount of not more than Six Million Seventy -Three Thousand Three Hundred Seventy - Five dollars ($6,073,375), with a maturity date of no later than December 31, 2046 and an interest rate of 4.706%; and
WHEREAS, the City Council, as the governing body of the City, deems it for the benefit of the City, and for the efficient and effective administration thereof, to enter into the Agreements, to be described therein, on the terms and conditions therein provided; and
WHEREAS, in accordance with Government Code section 4217.10 et seq., not less than fourteen (14) days before the meeting where this Resolution will be considered, the City posted notice of a public hearing at which the City Council would consider this Resolution and the contracts referenced.

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

SECTION 2. As required by Government Code Section 4217.13 and as a pre- condition to the City Council's ability to authorize the execution of the Agreements, the City Council makes the following findings based on the record of the public hearing, including all reports, testimony and comment entered into the record of the proceedings:
that it is in the best interest of the City to enter into the Agreements and that the funds for the repayment of the financing or the cost of the design, construction, and operation of the energy conservation facility, or both, as required by the Agreements, are projected to be available from revenues resulting from the sale of electricity or thermal energy from the facility or from funding that otherwise would have been used for the purchase of electrical, thermal, or other energy required by the City in the absence of the energy conservation facility, or both.

SECTION 3. The City Manager, in consultation with the City Attorney, the Finance Director, and such other employees and consultants of the City with relevant expertise on the matter, (collectively, the "Designated Officers") in the best interest of the City, is authorized to (a) review, negotiate, and approve the form of such Agreements, the parties thereto, and all the terms and provisions contained therein, and (b) execute and deliver the Agreements, in such forms and with such changes, insertions, revisions, corrections, or amendments as shall be approved by the officer executing them as he reasonably deems necessary and in the best interest of the City provided such modifications allow the Agreements to remain consistent with the Government Code Section 4217.13 findings of the City Council referenced above, and in a form approved by the City Attorney. The execution of the foregoing by a Designated Officer shall constitute conclusive evidence of such officer's and the governing body's approval of the 2 of 5

Resolution No. 2026-35
Agreements any such changes, insertions, revisions, corrections, or amendments thereto.

SECTION 4. The Designated Officers shall take all action necessary or reasonably required by the parties to the Agreements to carry out, give effect to, and consummate the transactions contemplated thereby and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection therewith. The Designated Officers and all other officers and employees of the City are hereby directed and authorized to take, and shall take, all action necessary or reasonably required in connection with the Agreements. All actions heretofore taken by officers, employees, and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby approved, confirmed, and ratified.

SECTION 5. No General Liability. Nothing contained in this Resolution, the Agreements, nor any other instrument shall be construed with respect to the City as incurring a pecuniary liability or charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreements, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing power, except to the extent that the rental payments payable under the Agreements are special limited obligations of the City as provided therein.

SECTION 6. Appointment of Authorized City Representatives. The Designated Officers are each hereby designated to act as authorized representatives of the City for purposes of the Agreements until such time as the governing body of the City shall designate another or a different authorized representative for purposes of the Agreements.

SECTION 7. Severability. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held as invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. The City Council hereby declares that it would have adopted this Resolution, 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 may subsequently be declared invalid or unconstitutional.

SECTION 8. All bylaws, orders, and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution, or ordinance, or part thereof.

SECTION 9. 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.
3 of 5

Resolution No. 2026-35
PASSED, APPROVED, and ADOPTED this 13th day of April, 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
4 of 5
Daisy Gomez
City Clerk

Resolution No. 2026-35
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on April 13, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
5 of 5

Gilmore & Bell, P.C.

Draft -April 8, 2026

EQUIPMENT LEASE PURCHASE AGREEMENT
THIS EQUIPMENT LEASE PURCHASE AGREEMENT (the "Agreement"), is dated as of April 28, 2026, between CAPITAL ONE PUBLIC FUNDING, LLC, a limited liability company organized and existing under the laws of the State of New York, as Lessor ("Lessor"), and CITY OF BELL GARDENS, a political subdivision existing under the laws of the State of California, as Lessee ("Lessee"), wherein the parties hereby agree as follows:

Section 1. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Acquisition Period" means 36 months from the Commencement Date, which is the date that the escrow fund established under the related escrow agreement shall terminate, unless such date is extended in writing by Lessor and Lessee.
"Agreement" means this Equipment Lease Purchase Agreement and any other schedule, exhibit or escrow agreement made a part hereof by the parties hereto, together with any amendments to this Agreement.
"Code" means the Internal Revenue Code of 1986, as amended. "Commencement Date" is the date when the term of this Agreement and Lessee's obligation to pay rent commences, which date will be the earlier of (i) the date on which the Equipment is accepted by Lessee in the manner described in Section 13, or (ii) the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an escrow agent. "Equipment" means the property described on the Equipment Schedule attached hereto as Exhibit A, and all replacements, substitutions, repairs, restorations, modifications, attachments, accessions, additions and improvements thereof or thereto and all insurance and/or proceeds therefrom. "Event of Default" means an Event of Default described in Section 35. "Lease Term" means the Original Term and all Renewal Terms, but ending on the occurrence of the earliest event specified in Section 6.
"Lessee" means the entity described as such in the first paragraph of this Agreement, its successors and its assigns.
"Lessor" means the entity described as such in the first paragraph of this Agreement, its successors and its assigns.
"Maximum Lease Term" means the Original Term and all Renewal Terms through the Renewal Term including the last Rental Payment Date set forth on the Payment Schedule. "Net Proceeds" means the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including attorneys' fees) incurred in the collection of such claim or award.
"Original Term" means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date.
"Payment Schedule" means the schedule of Rental Payments and Purchase Price set forth on Exhibit B. "Purchase Price" means the amount set forth on the Payment Schedule that Lessee may, at its option, pay to Lessor to purchase the Equipment.

Gilmore & Bell, P.C.

Draft -April 8, 2026

ESCROW AGREEMENT
[Subject to revision after review by Escrow Agent.]
LESSOR:

Capital One Public Funding, LLC
300 Jericho Quadrangle, 3rd Floor
Jericho, NY 11753
Attention: copfinformatoin(�ucapitalonecom
LESSEE:

City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
ESCROW AGENT:
[Name of Escrow Agent]
[Escrow Agent Address]
[Escrow Agent City and State]
Attention: Corporate Trust Department
THIS ESCROW AGREEMENT (this "Escrow Agreement") dated April 28, 2026 is entered into by and among Capital One Public Funding, LLC ("Lessor"), the City of Bell Gardens ("Lessee"), and [Name of Escrow Agent] (the "Escrow Agent").

Lessor and Lessee have heretofore entered into that certain Equipment Lease Purchase Agreement dated April 28, 2026 (the "Agreement"). The Agreement contemplates that certain Equipment described therein (the "Equipment") is to be acquired from the vendor(s) or manufacturer(s) thereof.

After acceptance of the Equipment by Lessee, the Equipment is to be leased by Lessor to Lessee pursuant to the terms of the Agreement.

The Agreement contemplates that Lessor will deposit with the Escrow Agent cash in the amount of S6,073,375, to be held in escrow by the Escrow Agent and applied on the express terms and conditions set forth herein. Such deposit, together with all interest and additions received with respect thereto (hereinafter, the "Escrow Fund"), is to be applied from time to time to pay certain costs of acquiring the Equipment (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee) and, if requested by Lessee, to pay certain costs of entering into the Agreement. The Escrow Fund Termination Date is April 28, 2029.

The parties desire to set forth the terms on which the escrow is to be created and to establish the rights and responsibilities of the parties hereto.

NOW, THEREFORE, the parties agree as follows:

1. The Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein. The Escrow Agent agrees that the Escrow Fund shall be held irrevocably in trust for the account and benefit of Lessee and Lessor and all interest earned with respect to the Escrow Fund shall accrue to the benefit of Lessee and shall be applied as expressly set forth herein.

To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instruments from time to time comprising the Escrow Fund, Lessor hereby appoints the Escrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as security agent, and agrees to hold physical possession of such cash and negotiable instruments on behalf of Lessor.

2. On such day as determined to the mutual satisfaction of the parties (the "Commencement Date"), Lessor shall deposit with the Escrow Agent cash in the amount of $6,073,375 to be held by the Escrow Agent on the express terms and conditions set forth herein. The Escrow Agent agrees to accept the deposit of the Escrow Fund by Lessor, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto in escrow on the express terms and conditions set forth herein.

3. The Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of the Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to time shall be held or registered in the name of the Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor).

4. Lessee hereby directs the Escrow Agent to invest the cash comprising the Escrow Fund from time to time in Qualified Investments (as hereinafter defined). Interest or other amounts earned and received by the Escrow Agent with respect to the Escrow Fund shall be deposited in and comprise a part of the Escrow Fund. No investment shall be made that would cause the Agreement to be deemed to be an arbitrage bond within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended. For the purpose of this paragraph 4, the term "Qualified Investments" means the or, in the event such fund is not at the time available, such other investments as Lessee may specify in writing, to the extent the same are at the time legal for investment of the funds being invested. [Subject to revision after review by Escrow Agent and Lessee.]

5. Lessor and Lessee hereby authorize the Escrow Agent to take the following actions with respect to the Escrow Fund:
a. From time to time, the Escrow Agent shall pay the vendor or manufacturer of the Equipment or Lessee or other payee upon receipt of the following: (i) a written request from Lessee (a "Certificate of Acceptance and Payment Request" in the form attached as Exhibit A to this Escrow Agreement duly executed by an Authorized Lessee Representative and approved for payment by Lessor by an Authorized Lessor Representative, (ii) the vendor(s) or manufacturer(s) invoice(s) specifying the acquisition price of the Equipment described in the Certificate of Acceptance and Payment Request, (iii) in the event that certain costs of entering into the Agreement are described in the Certificate of Acceptance and Payment Request, invoice(s) or other evidence specifying the amount(s) of such costs, and (iv) any additional documentation required by Lessor. The Escrow Agent has no duty to ascertain the correctness of any documents submitted in connection with any direction to disburse funds. An "Authorized Lessee Representative" shall be a person designated in the Incumbency Certificate attached hereto as Exhibit B, or on a subsequent Incumbency Certificate of Lessee received and acknowledged by Lessor and the Escrow Agent. An "Authorized Lessor Representative" shall be a person designated in the Certificate of Authorized Lessor Representatives" attached hereto as Exhibit C. Without limiting the foregoing, Lessor shall not be required to approve any such payment unless and until Lessee shall have provided or caused to be provided to Lessor (i) certificates of insurance evidencing coverage in accordance with Section 22 of the Agreement and satisfactory to Lessor and (ii) payment and performance bonds naming Lessor and its successors and assigns as an additional obligee and issued by a surety company rated "A" or better by AM Best in form and substance satisfactory to Lessor. b. Upon receipt of a Certificate of Acceptance and Payment Request for payment of funds from the Escrow Fund, Lessor and the Escrow Agent may, but are not required to seek confirmation of such instructions by telephone call-back to any Authorized Lessee Representative designated on Exhibit B hereto, and Lessor and the Escrow Agent may rely upon the confirmations of anyone purporting to be such Authorized Lessee Representative. Notwithstanding the foregoing, Lessee agrees that neither the Escrow Agent nor Lessor shall have a duty to seek such confirmation, and shall have no liability for disbursement in accordance with the instructions contained in any Certificate of Acceptance and Payment Request submitted with signature of an Authorized Lessee Representative. The Escrow Agent shall confirm any Certificate of Acceptance and Payment Request by telephone call-back to the person or persons designated for verifying such draw requests on Exhibit C (such person verifying the request shall be different than the person initiating the request). Lessor and Lessee hereby confirm that any call-back performed by the Escrow Agent to verify a disbursement instruction pursuant to a Certificate of Acceptance and Payment Request submitted pursuant to this Section before release shall be made to Lessor only and the Escrow Agent shall have no obligation to call back Lessee. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by Lessor and the Escrow Agent. The parties to this Escrow Agreement acknowledge that such security procedure is commercially reasonable.
-2-

c. It is understood that Lessor, the Escrow Agent and the beneficiary's bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by any party hereto to identify (i) the beneficiary, (ii) the beneficiary's bank, or (iii) an intermediary bank. d. In the event that Lessor provides to the Escrow Agent written notice of the occurrence of an Event of Default or a nonappropriation by Lessee under the Agreement, the Escrow Agent shall thereupon promptly remit to Lessor the entire balance of the Escrow Fund. e. Upon receipt by the Escrow Agent of a duly executed Certificate of Acceptance and Payment Request identified as the final such request, the remaining monies in the Escrow Fund shall, first be applied to all reasonable fees and expenses incurred by the Escrow Agent, if applicable, in connection herewith as evidenced by its statement forwarded to Lessor and Lessee; and, second be paid to Lessor, for application against the outstanding principal components of Rental Payments (as defined in the Agreement), including prepayment of Rental Payments under the Agreement, as provided therein, unless Lessor directs that payment of such amount be made in such other manner directed by Lessor that, in the opinion of nationally recognized counsel in the area of tax-exempt municipal obligations satisfactory to Lessor, will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. If any such amount is used to prepay principal, the Payment Schedule attached to the Agreement will be revised accordingly as specified by Lessor.

6. The reasonable fees and expenses of the Escrow Agent incurred in connection herewith shall be the responsibility of Lessee and are herein defined as the sum of S , for escrow services as described herein; plus any extraordinary expenses incurred by the Escrow Agent at the request of Lessor or Lessee.

7. The Escrow Agent shall have no liability for acting upon any written instruction presented by Lessee and Lessor in connection with this Escrow Agreement which the Escrow Agent in good faith believes to be genuine. Furthermore, the Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own gross negligence, willful misconduct or bad faith. The Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investment decisions made pursuant to Section 4 in Qualified Investments at the direction of Lessee.

8. To the extent authorized by law, Lessee hereby agrees to indemnify and save the Escrow Agent harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder and which are not due to the Escrow Agent's gross negligence or willful misconduct.

No indemnification will be made under this Section or elsewhere in this Escrow Agreement for damages arising solely out of gross negligence, willful misconduct or bad faith by the Escrow Agent, its officers, agents, employees, successors or assigns.

9. The Escrow Agent may at any time resign by giving at least 30 days' prior written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of the successor Escrow Agent. The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, with or without cause, by instrument in writing executed by Lessor and Lessee. Such notice shall set forth the effective date of the removal. In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent.

Upon the effective date of resignation or removal, the Escrow Agent will transfer the Escrow Fund then held by it to the successor Escrow Agent selected by Lessor and Lessee.

10. This Escrow Agreement and the Escrow Fund established hereunder shall terminate upon (a) receipt by the Escrow Agent of the written notice from Lessor specified in Section 5(d) or Section 5(e) hereof or (b) the Escrow Fund Termination Date. The Escrow Fund Termination Date may be extended -3-

pursuant to written agreement between Lessor and Lessee, and acknowledgement by the Escrow Agreement.

11. All notices hereunder shall be in writing, sent by certified mail, return receipt requested, or by mutually recognized overnight carrier addressed to the other party at its respective address shown on page 1 of this Escrow Agreement or at such other address as such party shall from time to time designate in writing to the other parties; and shall be effective on the date or receipt.

12. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of the Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor and Lessee. Lessor may at any time assign its rights, duties and obligations hereunder to an assignee who shall thereafter become the Lessor under this Escrow Agreement.

13. This Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any party unless in writing signed by all parties.

14. The Escrow Agent may employ agents, attorneys and accountants in connection with its duties hereunder and shall not be liable for any action taken or omitted in good faith in accordance with the advice of counsel, accountants or other skilled persons.

15. This Escrow Agreement shall be governed by and be construed and interpreted in accordance with the internal laws of the State of California.

16. This Escrow Agreement may be executed in several counterparts, and each counterpart so executed will be an original. In addition, the parties agree that the transaction described herein may be conducted and related documents may be received, sent or stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

17. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Escrow Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also ask for formation documents such as articles of incorporation or other identifying documents to be provided. [Signature page follows.
-4-

IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the day and year first above set forth.

LESSOR: CAPITAL ONE PUBLIC FUNDING, LLC
By:

Name:

Title:

LESSEE: CITY OF BELL GARDENS
By:

Name:

Title:

ESCROW AGENT: [NAME OF ESCROW AGENT]
By:

Name:

Title:
-5-

EXHIBIT A

FORM OF CERTIFICATE OF ACCEPTANCE AND PAYMENT REQUEST
[Name of Escrow Agent] (the "Escrow Agent"), as escrow agent under that certain Escrow Agreement dated April 28, 2026 (the "Escrow Agreement"), by and among City of Bell Gardens ("Lessee"), Capital One Public Funding, LLC ("Lessor") and the Escrow Agent, is hereby requested to pay from the Escrow Fund established and maintained thereunder, the amount set forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been paid by and not previously reimbursed to Lessee). The equipment and costs described below are (i) part or all of the Equipment listed in the Equipment Schedule to that certain Equipment Lease Purchase Agreement dated April 28, 2026 (the "Agreement"), between Lessor and Lessee, or (ii) costs incurred in entering into the Agreement:

DESCRIPTION OF

EQUIPMENT OR

FINANCING COST
AMOUNT PAYEE*
Lessee hereby certifies and represents to and agrees with Lessor as follows: (i) the amount to be disbursed is not being paid in advance of the time, if any, fixed for any payment, and does not include any retained percentage entitled to be retained by Lessee at this time; (ii) no amount requested to be disbursed was included in any payment request previously filed with the Escrow Agent for which payment was actually made by the Escrow Agent; (iii) Lessee has made such investigation of such sources of information as are deemed necessary and is of the opinion that the applicable portion of the Equipment and related work has been fully paid for, and no claim or claims exist against the Lessee or the Vendor out of which a lien based on furnishing labor or material exists or might arise; (iv) acquisition and installation of the applicable portion of the Equipment for which payment is being requested has been completed in accordance with the terms and conditions of the related energy solutions agreement between Lessee and the Vendor (the "Vendor Agreement"), and said applicable portion of the Equipment is suitable and sufficient for the expected uses thereof, however, this statement is made without prejudice to any rights against third parties which exist at the date hereof or which may subsequently come into being; (v) the amount remaining in the Escrow Fund will, after payment of the amount requested, be sufficient to pay the remaining costs of the Equipment; (vi) a present need exists for such Equipment for which payment is being requested, which need is not temporary or expected to diminish in the near future; (vii) such Equipment is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority; (viii) the estimated useful life of such Equipment based upon the manufacturer's representations and Lessee's projected needs is not less than the term of lease with respect to such Equipment; (ix) Lessee has conducted such inspection and/or testing of such Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts such Equipment for all purposes as of the date of this Certificate; (x) such Equipment is covered by insurance in the types and amounts required by the Agreement; (xi) no Event of Default, as such term is defined in the Agreement, or nonappropriation under the Agreement, and no event which with the giving of notice or lapse of time or both, would become an Event of Default or nonappropriation under the Agreement, has occurred and is continuing on the date hereof; and (xii) sufficient funds have been appropriated by Lessee for the payment of all rental payments due under the Agreement during Lessee's current fiscal year.

Based on the foregoing, Lessor is hereby authorized and directed to fund the acquisition of the Equipment set forth in the Agreement by paying, or causing to be paid, the manufacturer(s)/vendor(s), Lessee or other payee(s) the amounts set forth on the attached invoices from the Escrow Fund held under the Escrow Agreement in accordance with its terms. * If required, a current IRS Form W-9 for the payee is attached or an IRS Form W-9 has been previously submitted to the Escrow Agent.

The following documents are attached hereto and made a part hereof: (a) invoice(s) for costs being paid; (b) a current IRS Form W-9 for the payee (unless such IRS Form W-9 has been previously submitted to the Escrow Agent); and (c) lien waivers, if applicable.

IF REQUEST IS FOR REIMBURSEMENT, CHECK HERE ❑. Lessee paid an invoice prior to the commencement date identified in the Agreement and is requesting reimbursement for such payment. A copy of evidence of such payment, together with a copy of Lessee's Declaration of Official Intent and any other evidence required by Lessor prior to Lessor's approval hereof that Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. 1.150-2, is hereby attached. Lessor's approval hereof shall evidence that Lessee has delivered to Lessor such required documentation.

IF REQUEST IS FINAL REQUEST, CHECK HERE ❑. Lessee hereby certifies that (a) all of the Equipment described in the Agreement has been received in good condition and has been installed in accordance with the Vendor Agreement; (b) such Equipment is accepted "AS -IS, WHERE -IS"; (c) Lessee has inspected the Equipment, and determined that it is in good working order and complies with all purchase orders, contracts and specifications; (d) Lessee has fully and satisfactorily performed all covenants and conditions to be performed by it as of this date under the Agreement with regard to such Equipment; (e) Lessee waives any right to revoke its acceptance; and (f) the Equipment is fully insured in accordance with Section 22 of the Agreement. This certificate is made without prejudice to any rights against third parties which may exist as of the date hereof or which may subsequently come into being.

Date: , 20
Approved for Payment:

CAPITAL ONE PUBLIC FUNDING, LLC, CITY OF BELL GARDENS,
as Lessor as Lessee
By: By:

Name: Name:

Title: Title:

EXHIBIT B

INCUMBENCY CERTIFICATE REGARDING

AUTHORIZED LESSEE REPRESENTATIVES

ESCROW AGREEMENT
DATED AS OF APRIL 28, 2026, BY AND AMONG

CAPITAL ONE PUBLIC FUNDING, LLC, AS LESSOR,

CITY OF BELL GARDENS, AS LESSEE, AND
[NAME OF ESCROW AGENT], AS ESCROW AGENT
The undersigned officer of the City of Bell Gardens ("Lessee") hereby certifies that the persons listed below are each designated as an Authorized Lessee Representative of Lessee for the Escrow Agreement dated April 28, 2026 (the "Escrow Agreement"), among Lessee, Capital One Public Funding, LLC ("Lessor") and [Name of Escrow Agent], as escrow agent (the "Escrow Agent"), including but not limited to initiating and approving transactions under the Escrow Agreement and confirming such approvals through call-backs from Lessor and the Escrow Agent relating thereto, all on behalf of Lessee.

Each such person is the current holder of the office or title indicated, and the signature set forth opposite the name of each such authorized representative is the true and correct specimen of such person's signature:

Name/Title/Telephone/Email Specimen Signature
Signature
Name
Title
Telephone #
Email Address
Name/Title/Telephone/Email Specimen Signature
Name Signature
Title
Telephone #
Email Address
Dated: April 28, 2026.

CITY OF BELL GARDENS
By:

Name:

Title:

B-1

EXHIBIT C

AUTHORIZED LESSOR REPRESENTATIVES

FOR ESCROW AGREEMENT
[To be provided by Lessor.]
C-1

"Renewal Terms" means the optional renewal terms of this Agreement, each having a duration of one year and a term co -extensive with Lessee's fiscal year. "Rental Payment Dates" means the dates set forth on the Payment Schedule on which Rental Payments are due.
"Rental Payments" means the basic rental payments payable by Lessee pursuant to Section 9. "State" means the State of California.
"Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom the Equipment is or has been purchased, as listed on Exhibit A.

Section 2. Representations and Covenants of Lessee. Lessee represents, warrants and covenants for the benefit of Lessor as follows:
(a) Lessee is a political subdivision duly organized and existing under the constitution and laws of the State. Lessee will do or cause to be done all things to preserve and keep in full force and effect its existence as a political subdivision. Lessee has a substantial amount of one or more of the following sovereign powers: (i) the power to tax, (ii) the power of eminent domain, and (iii) police power. (b) Lessee is authorized under the constitution and laws of the State to enter into this Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement by proper action and approval of its governing body at a meeting duly called, regularly convened and attended throughout by a requisite majority of the members thereof or by other appropriate official approval. (d) This Agreement constitutes the legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally.
(e) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the Commencement Date. (f) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year to make the Rental Payments scheduled to come due during the Original Term, if any, and to meet its other obligations for the Original Term, and such funds have not been expended for other purposes.
(g) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder. (h) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or threatened against or affecting Lessee, nor to the best knowledge of Lessee is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Agreement or any other document, agreement or certificate which is used or contemplated for use in the consummation of the transactions contemplated by this Agreement or materially adversely affect the financial condition or properties of Lessee. (i) All authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by Lessee of this Agreement or in connection with the carrying out by Lessee of its obligations hereunder have been obtained. (j) The entering into and performance of this Agreement or any other document or agreement contemplated hereby to which Lessee is or is to be a party will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance on any assets of Lessee or the -2-

Equipment pursuant to any indenture, mortgage, deed of trust, bank loan or credit agreement or other instrument to which Lessee is a party or by which it or its assets may be bound, except as herein provided.
(k) The Equipment described in this Agreement is essential to the function of Lessee or to the service Lessee provides to its citizens. Lessee has an immediate need for, and expects to make immediate use of, substantially all the Equipment, which need is not temporary or expected to diminish in the foreseeable future. The Equipment will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of Lessee's authority. (1) Neither the payment of the Rental Payments hereunder nor any portion thereof is (i) secured by any interest in property used or to be used in a trade or business of a non-exempt person (within the meaning of Section 103 of the Code) or in payments in respect of such property or (ii) derived from payments in respect of property, or borrowed money, used or to be used in a trade or business of a non-exempt person (within the meaning of Section 103 of the Code). No portion of the Equipment will be used directly or indirectly in any trade or business carried on by any non-exempt person (within the meaning of Section 103 of the Code).
(m) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rental Payments from gross income for purposes of federal income taxation. (n) Lessee will use the proceeds of this Agreement as soon as practicable and with all reasonable dispatch for the purpose for which this Agreement has been entered into. No part of the proceeds of this Agreement will be invested in any securities, obligations or other investments or used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of the execution and delivery of this Agreement, would have caused any portion of this Agreement to be or become an "arbitrage bond" within the meaning of Section 103(b)(2) or Section 148 of the Code and the applicable regulations of the Treasury Department.
(o) Lessee has never failed to pay payments coming due under any bond issue, lease purchase agreement, contract or other indebtedness obligation of Lessee.
(p) The useful life of the Equipment will not be less than the Maximum Lease Term. (q) The application, statements and credit or financial information submitted by Lessee to Lessor are true and correct and made to induce Lessor to enter into this Agreement and the related escrow agreement, and Lessee has experienced no material change in its financial condition since the date(s) of such information.
(r) Lessee has provided Lessor with audited financial statements through June 30, 2024. Lessee has experienced no material change in its financial condition or in the revenues expected to be utilized to meet Rental Payments due under this Agreement since June 30, 2024. (s) Lessee shall pay the excess (if any) of the actual costs of acquiring the Equipment under the Agreement over the amount deposited by Lessor in the escrow fund established under the related escrow agreement and interest earnings thereon.
(t) Lessee agrees that proceeds of this Agreement shall be held in escrow by an escrow agent appointed by Lessor (or assignee thereof) and invested as directed by Lessor (or assignee thereof) within the authority granted by Section 53601(m) of the California Government Code. (u) The Equipment is not a replacement, repair, substitution or proceeds of any equipment or personal property subject to a prior lien or security interest of a third party. (v) Lessee is the fee owner of the real estate where the Equipment is and will be located and has good and marketable title thereto, and there exists no mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever on or with respect to such real estate. -3-

Section 3. Certification as to Arbitrage. Lessee hereby represents as follows:
(a) The estimated total costs of acquiring and installing the Equipment, together with any costs of entering into this Agreement that are expected to be financed under this Agreement, will not be less than the total principal portion of the Rental Payments.
(b) Lessee has incurred, or will incur within six (6) months after the date hereof, a substantial binding obligation to a third party to spend at least 5% of proceeds of this Agreement to acquire the Equipment.

The completion of the acquisition of the Equipment and the allocation of proceeds of this Agreement to expenditures will proceed with due diligence. At least 85% of the proceeds of this Agreement will be allocated to expenditures to acquire the Equipment within three (3) years after the Commencement Date hereof.
(c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Rental Payments, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments. (d) The Equipment has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Rental Payments. (e) To the best of Lessee's knowledge, information and belief, the above expectations are reasonable.

Section 4. Lease of Equipment. Lessor hereby demises, leases and lets the Equipment to Lessee, and Lessee rents, leases and hires the Equipment from Lessor, in accordance with the provisions of this Agreement, for the Lease Term.

Section 5. Lease Term. The Original Term of this Agreement will commence on the Commencement Date and will terminate on the last day of Lessee's current fiscal year. The Lease Term may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for an additional Renewal Term up to the Maximum Lease Term. At the end of the Original Term and at the end of each Renewal Term until the Maximum Lease Term has been completed, Lessee will be deemed to have exercised its option to continue this Agreement for the next Renewal Term unless Lessee has terminated this Agreement pursuant to Section 6 or Section 31. The terms and conditions during any Renewal Term will be the same as the terms and conditions during the Original Term, except that the Rental Payments will be as provided in the Payment Schedule.

Section 6. Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events:
(a) the expiration of the Original Term or any Renewal Term of this Agreement and the nonrenewal of this Agreement in the event of nonappropriation of funds pursuant to Section 8; (b) the exercise by Lessee of the option to purchase the Equipment under the provisions of Section 31 and payment of the Purchase Price and all amounts payable in connection therewith; (c) an Event of Default by Lessee and Lessor's election to terminate this Agreement under Section 36; or (d) the payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder during the Maximum Lease Term.

Section 7. Continuation of Lease Term. Lessee currently intends, subject to the provisions of Section 8 and Section 12, to continue the Lease Term through the Original Term and all of the Renewal Terms and to pay the Rental Payments hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Original Term and each of the Renewal Terms can be obtained. The responsible financial officer of Lessee will do all things lawfully within his or her power to obtain and maintain funds from which the Rental Payments may be made, including making provision for such Rental Payments to the extent necessary in each proposed annual budget submitted for approval in accordance with applicable procedures of Lessee and to exhaust all available reviews and appeals in the event such portion of the budget is not approved. Notwithstanding the foregoing, the -4-

decision whether or not to budget or appropriate funds or to extend this Agreement for any Renewal Term is solely within the discretion of the then current governing body of Lessee.

Section 8. Nonappropriation. Lessee is obligated only to pay such Rental Payments under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during Lessee's then current fiscal year. In the event sufficient funds will not be appropriated or are not otherwise legally available to pay the Rental Payments required to be paid in the next occurring Renewal Term, as set forth in the Payment Schedule, this Agreement will be deemed to be terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice will not extend the Lease Term beyond such Original Term or Renewal Term. If this Agreement is terminated in accordance with this Section, Lessee agrees, at Lessee's cost and expense, to peaceably deliver the Equipment to Lessor at the location or locations specified by Lessor.

Section 9. Rental Payments. Lessee will pay Rental Payments from all legally available funds, in lawful money of the United States of America to Lessor in the amounts and on the dates set forth on the Payment Schedule, such payment to be made by wire or other form of electronic payment in accordance with written instructions provided by Lessor or, with Lessor's consent, by such other commercially reasonable method of payment. Rental Payments will be in consideration for Lessee's use of the Equipment during the fiscal year in which such payments are due. Any Rental Payment not received on or before its due date will bear interest at the rate of 10% per annum or the maximum amount permitted by law, whichever is less, from its due date.

In the event that it is determined that any of the interest components of Rental Payments may not be excluded from Lessor's gross income for purposes of federal income taxation, Lessee agrees to pay to Lessor promptly after any such determination and on each Rental Payment Date thereafter an additional amount determined by Lessor to compensate Lessor for the loss of such excludability (including without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive absent manifest error.

Section 10. Interest Component. As set forth on the Payment Schedule, a portion of each Rental Payment is paid as, and represents payment of, interest.

Section 11. Rental Payments To Be Unconditional. Except as provided in Section 8, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure by the Vendor to deliver or install the Equipment or otherwise perform any of its obligations for whatever reason, including bankruptcy, insolvency, reorganization or similar event with respect to the Vendor or under the Vendor Agreement, disputes with Lessor or the Vendor of any of the Equipment, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances or the failure of Lessor or any other person or entity to perform its obligations under this Agreement or any other agreement, including any performance guaranty of the Vendor.

Section 12. Rental Payments to Constitute a Current Expense of Lessee. The obligation of Lessee to pay Rental Payments hereunder will constitute a current expense of Lessee, is from year to year and does not constitute a mandatory payment obligation of Lessee in any fiscal year beyond the then current fiscal year of Lessee. Lessee's obligation hereunder will not in any way be construed to be an indebtedness of Lessee in contravention of any applicable constitutional, charter or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor will anything contained herein constitute a pledge of the general credit, tax revenues, funds or moneys of Lessee.

Section 13. Delivery, Installation and Acceptance of the Equipment. Lessee will order the Equipment, cause the Equipment to be delivered and installed at the location(s) specified on Exhibit A and pay any and all delivery and installation costs in connection therewith. When the Equipment has been delivered and installed, Lessee will immediately accept the Equipment and evidence said acceptance by executing and delivering to Lessor a certificate of acceptance and payment request in substantially the form attached to the related escrow agreement in form and substance acceptable to Lessor. After it has -5-

been delivered and installed, the Equipment will not be moved from the location(s) specified on Exhibit A without Lessor's consent, which consent will not be unreasonably withheld.

Section 14. Enjoyment of Equipment. Lessor hereby covenants to provide Lessee with quiet use and enjoyment of the Equipment during the Lease Term, and Lessee will peaceably and quietly have and hold and enjoy the Equipment during the Lease Term, without suit, trouble or hindrance from Lessor, except as otherwise expressly set forth in this Agreement.

Section 15. Right of Inspection. Lessor will have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment.

Section 16. Use of the Equipment. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee will obtain all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of each item of the Equipment) with all applicable laws, regulations and rulings of any applicable legislative, executive, administrative or judicial body; provided, however, that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Equipment or its interest or rights under this Agreement.

Section 17. Maintenance of Equipment. Lessee agrees that it will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good repair, working order and condition. Lessor will have no responsibility to maintain, or repair or to make improvements or additions to the Equipment. If requested to do so by Lessor, Lessee will enter into a maintenance contract for the Equipment with Vendor.

Section 18. Title to the Equipment. During the Lease Term, title to the Equipment and any and all additions, repairs, replacements or modifications will vest in Lessee, subject to the rights of Lessor under this Agreement; provided that title will thereafter immediately and without any action by Lessee vest in Lessor, and Lessee will immediately surrender possession of the Equipment to Lessor upon (a) any termination of this Agreement other than termination pursuant to Section 31 or (b) the occurrence of an Event of Default. It is the intent of the parties hereto that any transfer of title to Lessor pursuant to this Section will occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee will, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. Lessee irrevocably designates, makes, constitutes and appoints Lessor and its assignee as Lessee's true and lawful attorney (and agent in -fact) with power, at such time of termination or times thereafter as Lessor in its sole and absolute discretion may determine, in Lessee's or Lessor's or such assignee's name, to endorse the name of Lessee upon any bill of sale, document, instrument, invoice, freight bill, bill of lading or similar document relating to the Equipment in order to vest title in Lessor and transfer possession to Lessor.

Section 19. Security Interest. To secure the payment of all of Lessee's obligations under this Agreement and to the extent permitted by law, Lessor retains a security interest constituting a first lien on the Equipment (as defined herein) and all insurance proceeds therefrom. Lessee agrees to execute such additional documents in form satisfactory to Lessor, that Lessor deems necessary or appropriate to establish and maintain its security interest. Lessee agrees that financing statements may be filed with respect to the security interest in the Equipment.

As further security therefor, Lessee grants to Lessor a first priority security interest in the cash and negotiable instruments from time to time comprising the escrow fund, if any, established under any related escrow agreement and all proceeds (cash and non -cash) thereof, and agrees with respect thereto that Lessor shall have all the rights and remedies of a secured party.

Section 20. Personal Property; No Encumbrances. Lessor and Lessee agree that the Equipment is and will remain personal property. The Equipment will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any building thereon.

Upon the request of Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the -6-

Equipment from any party having an interest in any such real estate or building. Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not unreasonably withheld.

Section 21. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee will keep the Equipment free and clear of all liens, charges and encumbrances, except those created under this Agreement. The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Equipment will be exempt from all property taxes and other similar charges. If the use, possession or acquisition of the Equipment is found to be subject to taxation in any form, Lessee will pay all taxes and governmental charges lawfully assessed or levied against or with respect to the Equipment. Lessee will pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee will pay such taxes and charges as the same become due; provided that, with respect to any such taxes and charges that may lawfully be paid in installments over a period of years, Lessee will be obligated to pay only such installments that accrue during the Lease Term.

Section 22. Insurance. At its own expense, Lessee will maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (c) workers' compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self -insure against the risks described in clauses (a) and (b), to the extent permitted by law. All insurance proceeds from casualty losses will be payable as hereinafter provided. Lessee will furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Lessee shall also provide or cause to be provided to Lessor payment and performance bonds from the Vendor, each naming Lessor as an additional obligee issued by a surety company rated "A" or better by AM Best in an amount equal to or greater than the cost of the Equipment.

All such casualty and liability insurance will be with insurers that are acceptable to Lessor, will name Lessor and its successors and assigns as a loss payee and additional insured and will contain a provision to the effect that such insurance will not be cancelled or modified materially without first giving written notice thereof to Lessor at least ten days in advance of such cancellation or modification. All such casualty insurance will contain a provision making any losses payable to Lessee and Lessor, as their respective interests may appear.

Section 23. Advances. In the event Lessee fails to maintain the insurance required by this Agreement, pay taxes or charges required to be paid by it under this Agreement or fails to keep the Equipment in good repair and operating condition, Lessor may (but will be under no obligation to) purchase the required policies of insurance and pay the cost of the premiums thereof, pay such taxes and charges and make such Equipment repairs or replacements as are necessary and pay the cost thereof. All amounts so advanced by Lessor will become additional rent for the then current Original Term or Renewal Term.

Lessee agrees to pay such amounts with interest thereon from the date paid at the rate of 10% per annum or the maximum permitted by law, whichever is less.

Section 24. Financial Information. Upon request, Lessee shall furnish or cause to be furnished to Lessor, at Lessee's expense, as soon as available after the close of each fiscal year, the audited financial statement of Lessee at the close of and for such fiscal year, all in reasonable detail, with supporting schedules, audited by and with the report of Lessee's auditor (the "Audit"), which may be in electronic .pdf format. In the event the Audit is filed on the MSRB's "EMMA" website, to satisfy this requirement Lessee may email a link to the posted Audit to Lessor. In the event that the Audit is not available within 360 days after the close of such fiscal year, upon request from Lessor, Lessee will furnish unaudited financial statements to Lessor in the manner described in this Section, and will then supply the Audit immediately upon the availability thereof.
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Section 25. Release and Indemnification. To the extent permitted by law, Lessee will indemnify, protect and hold harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith (including, without limitation, counsel fees and expenses and any federal income tax and interest and penalties connected therewith imposed on interest received) arising out of or as the result of (a) the entering into this Agreement, (b) the ownership of any item of the Equipment, (c) the manufacturing, ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury or death to any person or (e) the breach of any covenant herein or any material misrepresentation contained herein. The indemnification arising under this paragraph will continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason.

Section 26. Risk of Loss. Lessee assumes, from and including the Commencement Date, all risk of loss of or damage to the Equipment from any cause whatsoever. No such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof will relieve Lessee of the obligation to make Rental Payments or to perform any other obligation under this Agreement.

Section 27. Damage, Destruction, Condemnation; Use of Proceeds. If (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Equipment or any part thereof or the interest of Lessee or Lessor in the Equipment or any part thereof will be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment, unless Lessee has exercised its option to purchase the Equipment pursuant to Section 31. Any balance of the Net Proceeds remaining after such work has been completed will be paid to Lessee.

Section 28. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 27, Lessee will either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) purchase Lessor's interest in the Equipment pursuant to Section 31. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after purchasing the Equipment will be retained by Lessee. If Lessee will make any payments pursuant to this Section, Lessee will not be entitled to any reimbursement therefor from Lessor nor will Lessee be entitled to any diminution of the amounts payable under Section 9.

Section 29. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION,

EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS

FOR PARTICULAR USE OR PURPOSE OF THE EQUIPMENT OR AGAINST INFRINGEMENT, OR ANY OTHER WARRANTY OR REPRESENTATION WITH RESPECT THERETO. IN NO EVENT SHALL

LESSOR BE LIABLE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL

DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE,

FURNISHING, FUNCTIONING OR LESSEE'S USE OR MAINTENANCE OF ANY EQUIPMENT OR SERVICES PROVIDED FOR IN THIS AGREEMENT.

Section 30. Vendor's Warranties. Lessee may have rights under the contract evidencing the purchase of the Equipment; Lessee is advised to contact the Vendor for a description of any such rights. Lessee hereby assigns to Lessor during the Lease Term all warranties and representations, express or implied, running from Vendor to Lessee. Lessor hereby irrevocably appoints Lessee its agent and attorney -in -fact during the Lease Term, so long as Lessee will not be in default hereunder, to assert from time to time whatever claims and rights (including without limitation warranties) related to the Equipment that Lessor may have against the Vendor. Lessee's sole remedy for the breach of any such warranty, indemnification or representation will be against the Vendor, and not against Lessor. Any such matter will not have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or availability of such warranties by the Vendor.
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Section 31. Purchase Option; Prepayment.
(a) Lessee will have the option to purchase the Equipment, upon giving written notice to Lessor at least 30 days before the date of purchase, at the following times and upon the following terms:
(i) Purchase Option. On July 15, 2026, and any Rental Payment Date thereafter, in whole but not in part, upon payment in full of the Rental Payment then due hereunder, plus all other amounts due hereunder, plus the then -applicable Purchase Price to Lessor; or (ii) In the event of substantial damage to or destruction or condemnation (other than by Lessee or any entity controlled by or otherwise affiliated with Lessee) of substantially all of the Equipment, on the day Lessee specifies as the purchase date in Lessee's notice to Lessor of its exercise of the purchase option, upon payment in full of the Rental Payment and all other amounts then due hereunder plus (A) the Purchase Price designated on the Payment Schedule for such purchase date if such purchase date is a Rental Payment Date or the Purchase Price for the immediately preceding Rental Payment Date if such purchase date is not a Rental Payment Date, and (B) if such day is not a Rental Payment Date, an amount equal to the portion of the interest component of the Rental Payment scheduled to come due on the following Rental Payment Date accrued from the immediately preceding Rental Payment Date to such purchase date, computed on the basis of a 360 -day year of twelve 30 -day months.
(b) Prepayment in Part. Lessee will have the option to prepay in part outstanding principal components of Rental Payments, without payment of any prepayment premium, upon giving written notice to Lessor at least 30 days before the date of prepayment, on any date. Such option shall (i) be exercised only one time, (ii) be made on or prior to April 28, 2029, and (iii) be paid solely from grant or rebate proceeds under the Inflation Reduction Act. In the event of any such prepayment, the Payment Schedule will be revised to reflect a principal reduction in inverse order of Rental Payment Dates and shall supersede and replace the initial Payment Schedule attached hereto as Exhibit B, as specified by Lessor and acknowledged by Lessee, without any further action by Lessor or Lessee. (c) Prepayment from Escrow Fund Monies. Any funds not applied to pay costs of the Equipment and remaining in the escrow fund established under the related escrow agreement on the earliest of (i) the end of the Acquisition Period or (ii) upon receipt by the escrow agent under such escrow agreement of a duly executed certificate of acceptance and payment request identified as the final such request, shall, first be applied to all reasonable fees and expenses incurred by such escrow agent, if applicable, in connection with such escrow fund as evidenced by its statement forwarded to Lessor and Lessee; and, second be paid to Lessor, to be applied by Lessor on any Rental Payment Date to all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months and any remaining amounts shall be applied by Lessor as prepayment to the remaining principal balance owing hereunder in inverse order of Rental Payment Dates, unless Lessor directs that payment of such amount be made in such other manner that, in the opinion of nationally recognized counsel in the area of tax exempt municipal obligations satisfactory to Lessor, will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. If any such amount is applied against the outstanding principal components of Rental Payments, the Payment Schedule attached hereto will be revised accordingly.

On the final Rental Payment Date, Lessee will be deemed to have exercised its option to purchase the Equipment, without requirement for written notice, upon payment in full of the Rental Payments then due, plus all other amounts due hereunder and not yet paid.

Upon the exercise of the option to purchase set forth above, title to the Equipment will be vested in Lessee, free and clear of any claim by or through Lessor.

Section 32. Determination of Fair Purchase Price. Lessee and Lessor hereby agree and determine that the Rental Payments hereunder during the Original Term and each Renewal Term represent the fair value of the use of the Equipment and that the amount required to exercise Lessee's option to purchase the Equipment pursuant to Section 31 represents, as of the end of the Original Term or any Renewal Term, the fair purchase price of the Equipment. Lessee hereby determines that the Rental Payments do not exceed a reasonable amount so as to place Lessee under a practical economic compulsion to renew -9-

this Agreement or to exercise its option to purchase the Equipment hereunder. In making such determinations, Lessee and Lessor have given consideration to (a) the costs of the Equipment, (b) the uses and purposes for which the Equipment will be employed by Lessee, (c) the benefit to Lessee by reason of the acquisition and installation of the Equipment and the use of the Equipment pursuant to the terms and provisions of this Agreement, and (d) Lessee's option to purchase the Equipment. Lessee hereby determines and declares that the acquisition and installation of the Equipment and the leasing of the Equipment pursuant to this Agreement will result in equipment of comparable quality and meeting the same requirements and standards as would be necessary if the acquisition and installation of the Equipment were performed by Lessee other than pursuant to this Agreement. Lessee hereby determines and declares that the Maximum Lease Term does not exceed the useful life of the Equipment.

Section 33. Assignment by Lessor. Lessor's interest in, to and under this Agreement and the Equipment may be assigned and reassigned in whole or in part to one or more assignees by Lessor without the necessity of obtaining the consent of Lessee; and such assignment, transfer or conveyance shall be made only to (i) an affiliate of Lessor or (ii) banks, insurance companies, trusts, custodians or other financial institutions or their affiliates, but no such assignment, transfer or conveyance shall be effective as against Lessee unless and until Lessor has delivered to Lessee written notice thereof that discloses the name(s) and address(es) of the assignee(s) or the Lease Servicer (as hereafter provided).

Nothing herein shall limit the right of Lessor or its assignees to sell, assign or grant participation interests in this Agreement to one or more entities listed in (i) or (ii); provided that if such assignment is made pursuant to a participation, custodial or similar agreement under which multiple ownership interests in this Agreement are created, it shall establish a single entity, owner, servicer or other fiduciary or agent to act on behalf of all of the holders of such participation interests (herein referred to as the "Lease Servicer") with respect to the rights and interests of such holders hereunder, including the exercise of rights and remedies thereunder upon the occurrence of an event of default or an event of non -appropriation, and further including the maintenance of a register by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Lessee, to furnish such information to Lessee. Lessee will retain all notices of assignment as a register of all assignees and will make all payments to the assignee, assignees or Lease Servicer designated in such register. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interest in the Equipment and in this Agreement and agrees to the filing of financing statements with respect to the Equipment and this Agreement. Lessee will not have the right to and will not assert against any assignee any claim, counterclaim, defense, set-off or other right Lessee may have against Lessor.

Section 34. Assignment and Subleasing by Lessee. None of Lessee's right, title and interest in, to and under this Agreement and the Equipment may be assigned or encumbered by Lessee for any reason, except that Lessee may sublease all or part of the Equipment if Lessee obtains the prior written consent of Lessor and an opinion of nationally recognized counsel in the area of tax exempt municipal obligations satisfactory to Lessor that such subleasing will not adversely affect the exclusion of the interest components of the Rental Payments from gross income for federal income tax purposes. Any such sublease of all or part of the Equipment will be subject to this Agreement and the rights of Lessor in, to and under this Agreement and the Equipment.

Section 35. Events of Default Defined. Subject to the provisions of Section 8, any of the following will be "Events of Default" under this Agreement:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Section 35(a), for a period of 30 days after written notice, specifying such failure and requesting that it be remedied, is given to Lessee by Lessor, unless Lessor will agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; -10-

(c) Any statement, representation or warranty made by Lessee in or pursuant to this Agreement or its execution, delivery or performance will prove to have been false, incorrect, misleading or breached in any material respect on the date when made;
(d) Any provision of this Agreement will at any time for any reason cease to be valid and binding on Lessee, or will be declared to be null and void, or the validity or enforceability thereof will be contested by Lessee or any governmental agency or authority if the loss of such provision would materially adversely affect the rights or security of Lessor, or Lessee will deny that it has any further liability or obligation under this Agreement;
(e) Lessee will (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree will be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree will continue unstayed and in effect for any period of 30 consecutive days.

Section 36. Remedies on Default. Whenever any Event of Default exists, Lessor will have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) By written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term to be due; (b) With or without terminating this Agreement, Lessor may enter the premises where the Equipment is located and retake possession of the Equipment or require Lessee at Lessee's expense to promptly return any or all of the Equipment to the possession of Lessor at a place specified by Lessor, and sell or lease the Equipment or, for the account of Lessee, sublease the Equipment, holding Lessee liable for the difference between (i) the Rental Payments and other amounts payable by Lessee hereunder plus the applicable Purchase Price, and (ii) the net proceeds of any such sale, lease or sublease (after deducting all expenses of Lessor in exercising its remedies under this Agreement, including without limitation, all expenses of taking possession, storing, reconditioning and selling or leasing the Equipment and all brokerage, auctioneers' and attorneys' fees) provided that the amount of Lessee's liability under this subparagraph (b) shall not exceed the Rental Payments and other amounts otherwise due hereunder plus the remaining Rental Payments and other amounts payable by Lessee to the end of the then current Original Term or Renewal Term;
(c) Lessor may provide written notice of the occurrence of an Event of Default to the escrow agent under the related escrow agreement, and the escrow agent shall thereupon promptly remit to Lessor the entire balance of the escrow fund established thereunder; and
(d) Lessor may take whatever other action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Equipment.

In addition, Lessee will remain liable for all covenants and indemnities under this Agreement and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor.

Section 37. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy will be cumulative and will be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default will impair any such right or power or will be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as -11-

often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Agreement it will not be necessary to give any notice, other than such notice as may be required in this Agreement.

Section 38. Notices. All notices, certificates or other communications hereunder will be sufficiently given and will be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto will designate in writing to the other for notices to such party), to any assignee at its address as it appears on the register maintained by Lessee.

Section 39. Binding Effect. This Agreement will inure to the benefit of and will be binding upon Lessor and Lessee and their respective successors and assigns.

Section 40. Severability. In the event any provision of this Agreement will be held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof.

Section 41. Entire Agreement. This Agreement constitutes the entire agreement between Lessor and Lessee.

Section 42. Amendments. This Agreement may be amended, changed or modified in any manner by written agreement of Lessor and Lessee. Any waiver of any provision of this Agreement or any right or remedy hereunder must be affirmatively and expressly made in writing and will not be implied from inaction, course of dealing or otherwise.

Section 43. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument.

Section 44. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement.

Section 45. Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State.

Section 46. Electronic Transactions. The parties agree that the transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

Section 47. Role of Lessor. Lessor is acting solely for its own loan account and not as a fiduciary for Lessee or in the capacity of broker, dealer, placement agent, municipal securities underwriter, municipal advisor or fiduciary. Lessor has not provided, and will not provide, financial, legal (including securities law), tax, accounting or other advice to or on behalf of Lessee (including to any financial advisor or any placement agent engaged by Lessee) with respect to the structuring, issuance, sale or delivery of this Agreement. Lessor has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to Lessee with respect to the transactions relating to the structuring, issuance, sale or delivery of this Agreement and the discussions, undertakings and procedures leading thereto.

Each of Lessee and, if applicable, its financial advisor and its placement agent has sought and shall seek and obtain financial, legal (including securities law), tax, accounting and other advice (including as it relates to structure, timing, terms and similar matters and compliance with legal requirements applicable to such parties) with respect to this Agreement from its own financial, legal, tax and other advisors (and not from the undersigned or its affiliates) to the extent that Lessee and, if applicable, its financial advisor or its placement agent desires, should or needs to obtain such advice. The undersigned expresses no view regarding the legal sufficiency of its representations for purposes of compliance with any legal requirements applicable to any other party, including but not limited to Lessee's financial advisor or placement agent, or the correctness of any legal interpretation made by counsel to any other party, including but not limited to counsel to Lessee's financial advisor or -12-

placement agent, with respect to any such matters. The transactions between Lessee and Lessor are arm's length, commercial transactions in which Lessor is acting and has acted solely as a principal and for its own interest and Lessor has not made recommendations to Lessee with respect to the transactions relating to this Agreement.

Section 48. Lessee's Notice Filings Related to this Agreement for SEC Rule 15c2-12. In connection with Lessee's compliance with any continuing disclosure undertakings (each, a "Continuing Disclosure Agreement") entered into by Lessee on and after February 27, 2019, pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the "Rule"), Lessor acknowledges that Lessee may be required to file with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system, or its successor ("EMMA"), notice that Lessee has incurred obligations under this Agreement and notice of certain subsequent events reflecting financial difficulties in connection with this Agreement. Lessee agrees that it shall not file or submit, or permit to be filed or submitted, with EMMA any documentation that includes the following unredacted sensitive or confidential information about Lessor or its affiliates: address and account information of Lessor or its affiliate, e-mail addresses, telephone numbers, fax numbers, names and signatures of officers, employees and signatories of Lessor or its affiliates, or any account information for any related escrow agreement, unless otherwise required for compliance with the Rule or otherwise required by law. Lessee acknowledges that Lessor is not responsible for Lessee's compliance or noncompliance with the Rule or any Continuing Disclosure Agreement.
[Signature page follows.]
-13-

IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in each entity's name by their duly authorized officers as of the date first above written.

CAPITAL ONE PUBLIC FUNDING, LLC
By:

Name:

Title:

Address: 300 Jericho Quadrangle, 3rd Floor
Jericho, NY 11753

CITY OF BELL GARDENS
By:

Name:

Title:

Address: 7100 Garfield Avenue
Bell Gardens, CA 90201

CERTIFICATION
I, the undersigned, do hereby certify (i) that the officer of Lessee who executed the foregoing Agreement on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath such officer's signature and has been authorized to execute the foregoing Agreement on behalf of Lessee, and (ii) that the fiscal year of Lessee is from July 1 to June 30.

DATED: April 28, 2026.

By:

Name:

Title:
-14-

EXHIBIT A To EQUIPMENT LEASE PURCHASE AGREEMENT

EQUIPMENT SCHEDULE
Equipment Description:

The Equipment consists of all personal property acquired and installed in connection with the energy savings improvements set forth in the Bundled Energy Solutions Agreement dated 2026, between Lessee and ABM Building Solutions, LLC, as described in and at the locations listed therein, together with all replacements, substitutions, repairs, restorations, modifications, attachments, accessions, additions and improvements thereof or thereto and all insurance and/or proceeds therefrom.

See also "Schedule 1 - Scope of Work" attached hereto for a further description of the Equipment. [Scope of Work from Energy Solutions Agreement to be attached.] Equipment Locations:

The E uipment will be located at the following locations:
• City Hall/Police Department
• Department of Public Works
• Ford Park Aquatic Center
• Ford Park Community Cener
• Marlow Park
Vendor:

The Vendor for the Equipment is ABM Building Solutions, LLC.

This Equipment Schedule shall be deemed to be supplemented and amended by the descriptions of the Equipment included in the Certificate of Acceptance and Payment Requests submitted to Lessor for approval pursuant to the Escrow Agreement dated as of April 28, 2026, among Lessor, Lessee and [Name of Escrow Agent], as escrow agent, which descriptions shall be deemed to be incorporated herein.

EXHIBIT B To EQUIPMENT LEASE PURCHASE AGREEMENT

PAYMENT SCHEDULE
Principal Amount: $6,073,375
Interest Rate: 4.706%
Rental Payments will be made in accordance with Section 9 and this Payment Schedule.

Year
Rental
Payment Date
6/30 Fiscal
Year Total
Total
Rental Payment
$ 117,384.00
117,383.99
117,383.99
117,383.99
117,384.00
117,384.00
117,383.99
117,384.00
117,384.00
117,384.00
117,384.00
117,384.00
117,384.00
117,384.00
117,384.00
117,383.99
117,384.00
117,384.00
117,384.00
117,384.00
117,383.99
117,384.00
117,384.00
117,384.00
117,384.00
117,384.00
117,384.00
117,383.99
117,384.00
117,383.99
117,383.99
117,384.00
117,384.00
117,384.00
117,384.00
117,383.99
117,383.99
Interest
Portion
Principal
Portion
Purchase
Price *
1 7/15/2026
1 10/15/2026
1 1/15/2027
1 4/15/2027
2 7/15/2027
2 10/15/2027
2 1/15/2028
2 4/15/2028
3 7/15/2028
3 10/15/2028
3 1/15/2029
3 4/15/2029
4 7/15/2029
4 10/15/2029
4 1/15/2030
4 4/15/2030
5 7/15/2030
5 10/15/2030
5 1/15/2031
5 4/15/2031
6 7/15/2031
6 10/15/2031
6 1/15/2032
6 4/15/2032
7 7/15/2032
7 10/15/2032
7 1/15/2033
7 4/15/2033
8 7/15/2033
8 10/15/2033
8 1/15/2034
8 4/15/2034
9 7/15/2034
9 10/15/2034
9 1/15/2035
9 4/15/2035
10 7/15/2035
$469,535.97
469,535.99
469,536.00
469,535.99
469,536.00
469,535.99
469,535.99
469,535.98
469,535.99
$ 61,132.23
70,791.45
70,243.29
69,688.68
69,127.55
68,559.81
67,985.39
67,404.22
66,816.21
66,221.28
65,619.35
65,010.34
64,394.16
63,770.74
63,139.98
62,501.79
61,856.11
61,202.82
60,541.85
59,873.10
59,196.48
58,511.91
57,819.28
57,118.50
56,409.48
55,692.11
54,966.31
54,231.96
53,488.98
52,737.25
51,976.68
51,207.17
50,428.60
49,640.87
48,843.87
48,037.49
47,221.63
$ 56,251.77
46,592.54
47,140.70
47,695.31
48,256.45
48,824.19
49,398.60
49,979.78
50,567.79
51,162.72
51,764.65
52,373.66
52,989.84
53,613.26
54,244.02
54,882.20
55,527.89
56,181.18
56,842.15
57,510.90
58,187.51
58,872.09
59,564.72
60,265.50
60,974.52
61,691.89
62,417.69
63,152.03
63,895.02
64,646.74
65,407.31
66,176.83
66,955.40
67,743.13
68,540.13
69,346.50
70,162.36
Lessee's option to purchase is subject to provisions of Section 31 of the Agreement. $6,137,465.69
6,089,941.30
6,041,857.79
5,993,208.57
5,943,986.99
5,894,186.32
5,843,799.75
5,792,820.37
5,741,241.23
5,689,055.25
5,636,255.31
5,582,834.18
5,528,784.54
5,474,099.01
5,418,770.11
5,362,790.27
5,306,151.82
5,248,847.02
5,190,868.03
5,132,206.91
4,973,387.89
4,914,515.80
4,854,951.08
4,794,685.58
4,733,711.06
4,672,019.17
4,609,601.48
4,546,449.45
4,482,554.43
4,417,907.69
4,352,500.38
4,286,323.55
4,219,368.15
4,151,625.02
4,083,084.89
4,013,738.39
3,943,576.03

Rental 6/30 Fiscal Total Interest Principal Purchase
Year Payment Date Year Total Rental Payment Portion Portion Price * 10 10/15/2035 117,383.99 46,396.17 70,987.82 3,872,588.21 10 1/15/2036 117,384.00 45,561.00 71,823.00 3,800,765.21 10 4/15/2036 469,535.97 117,383.99 44,716.00 72,667.99 3,728,097.22 11 7/15/2036 117,383.99 43,861.06 73,522.93 3,654,574.29 11 10/15/2036 117,384.00 42,996.07 74,387.93 3,580,186.36 11 1/15/2037 117,383.99 42,120.89 75,263.10 3,504,923.26 11 4/15/2037 469,535.97 117,383.99 41,235.42 76,148.57 3,428,774.69 12 7/15/2037 117,383.99 40,339.53 77,044.46 3,351,730.23 12 10/15/2037 117,384.00 39,433.11 77,950.89 3,273,779.34 12 1/15/2038 117,383.99 38,516.01 78,867.98 3,194,911.36 12 4/15/2038 469,535.97 117,383.99 37,588.13 79,795.86 3,115,115.50 13 7/15/2038 117,383.99 36,649.33 80,734.66 3,034,380.84 13 10/15/2038 117,384.00 35,699.49 81,684.51 2,952,696.33 13 1/15/2039 117,383.99 34,738.47 82,645.52 2,870,050.81 13 4/15/2039 469,535.98 117,384.00 33,766.15 83,617.85 2,786,432.96 14 7/15/2039 117,383.99 32,782.38 84,601.61 2,701,831.35 14 10/15/2039 117,384.00 31,787.05 85,596.95 2,616,234.40 14 1/15/2040 117,384.00 30,780.00 86,604.00 2,529,630.40 14 4/15/2040 469,535.99 117,384.00 29,761.10 87,622.90 2,442,007.50 15 7/15/2040 117,384.00 28,730.22 88,653.78 2,353,353.72 15 10/15/2040 117,384.00 27,687.21 89,696.79 2,263,656.93 15 1/15/2041 117,383.99 26,631.92 90,752.07 2,172,904.86 15 4/15/2041 469,535.99 117,384.00 25,564.23 91,819.77 2,081,085.09 16 7/15/2041 117,384.00 24,483.97 92,900.03 1,988,185.06 16 10/15/2041 117,384.00 23,391.00 93,993.00 1,894,192.06 16 1/15/2042 117,384.00 22,285.17 95,098.83 1,799,093.23 16 4/15/2042 469,535.99 117,383.99 21,166.33 96,217.66 1,702,875.57 17 7/15/2042 117,384.00 20,034.33 97,349.67 1,605,525.90 17 10/15/2042 117,383.99 18,889.01 98,494.98 1,507,030.92 17 1/15/2043 117,384.00 17,730.22 99,653.78 1,407,377.14 17 4/15/2043 469,535.98 117,383.99 16,557.79 100,826.20 1,306,550.94 18 7/15/2043 117,383.99 15,371.57 102,012.42 1,204,538.52 18 10/15/2043 117,384.00 14,171.40 103,212.60 1,101,325.92 18 1/15/2044 117,384.00 12,957.10 104,426.90 996,899.02 18 4/15/2044 469,535.99 117,384.00 11,728.52 105,655.48 891,243.54 19 7/15/2044 117,384.00 10,485.48 106,898.52 784,345.02 19 10/15/2044 117,384.00 9,227.82 108,156.18 676,188.84 19 1/15/2045 117,383.99 7,955.36 109,428.63 566,760.21
19 4/15/2045 469,535.98 117,383.99 6,667.93 110,716.06 456,044.15 20 7/15/2045 117,384.00 5,365.36 112,018.64 344,025.51
* Lessee's option to purchase is subject to provisions of Section 31 of the Agreement.

Rental 6/30 Fiscal
Year Payment Date Year Total
20 10/15/2045
20 1/15/2046
20 4/15/2046 469,535.99
Totals 59,390,719.70
Total
Rental Payment
117,384.00
117,384.00
117,383.99
59,390,719.70
Interest
Portion
4,047.46
2,714.06
1,364.96
53,317,344.70

CITY OF BELL GARDENS
Principal
Portion
113,336.54
114,669.94
116,019.03
56,073,375.00
Purchase
Price *
230,688.97
116,019.03

0.00 By:

Name:

Title:
* Lessee's option to purchase is subject to provisions of Section 31 of the Agreement.

CITY OF BELL GARDENS

NOTICE OF PUBLIC HEARING

A PUBLIC HEARING TO CONSIDER AND APPROVE A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF BELL GARDENS MAKING CERTAIN FINDINGS, AS REQUIRED UNDER GOVERNMENT CODE SECTIONS 4217.12(a) AND 4217.13, TO

ENTER AN ENERGY SERVICE CONTRACT AND FACILITY FINANCING CONTRACT

WITH ABM BUILDING SOLUTIONS LLC
NOTICE IS HEREBY GIVEN, that the City Council of the City of Bell Gardens will conduct a public hearing to consider a Resolution, pursuant to Government Code sections 4217.12(a) and 4217.13, adopting certain findings and entering into an Energy Service Contract (the "Contract"), as defined in Government Code section 4217.11, with ABM Building Solutions LLC. Before approving an Energy Service Contract and any necessary Facility Financing Contract, the City must make the following findings:
(1) That the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the public agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.
(2) That the funds for the repayment of the financing or the cost of design, construction, and operation of the energy conservation facility, or both, as required by the contract, are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or from funding that otherwise would have been used for purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation facility, or both.

DATE OF HEARING: Monday, April 13, 2026.

TIME OF HEARING: 6:00 P.M., or as soon thereafter as possible.

INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of Bell Gardens City Council at 7100 Garfield Avenue, Bell Gardens, CA 90201 on Monday, April 13, 2026, at 6:00 p.m. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the City's website at htt s:/i_ www.bellgardens.org/iwant--toiwatch-city-coupcil- rneetirigs . Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chambers. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes per speaker for each designated public comment period(s) unless a different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" card by 6:00 p.m. for all other designated public comment periods as listed.

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here https://zoom.usijoin and entering the Zoom Meeting ID: 813 3236 3 Passcode:
2021. Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will be accepted in the QandA Chat function of the zoom app.

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

The City Council staff report will be available in the City Clerk's Office and posted on the City's website at https://wwwebellgardens.org/i-want-to/view-aondgs 72 -hours prior to the meeting.

Daisy Gome
City Clerk
Posted: March 26, 2026
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works
Daily Joumal Corporation (Bell Gardens Newspaper) — General Circulation

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Daisy Gomez, City Clerk
General Motion To Waive Full Reading And Approve Ordinances By Title Only Pursuant To California Government Code Section 36934 MEETING DATE: April 13, 2026
RECOMMENDATION:

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

BACKGROUND / DISCUSSION:

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

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual 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 B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: Minutes for the March 23, 2026, Closed Session and City Council/Successor Agency Joint Meetings
MEETING DATE: April 13, 2026
RECOMMENDATION:

It is the staffs recommendation that the City Council approve the minutes of the March 23, 2026, Closed Session and City Council/Successor Agency Joint Meetings.

BACKGROUND / DISCUSSION:

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

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

CITY OF BELL GARDENS

MINUTES
City Council Closed Session
Monday, March 23, 202615:00 PM
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at l:tt s: w )�g rc en I `ii- a i-t :J tc city cwra e uc il-1 tin s.

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

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

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by httpsmj/zoorn. usfjpin. and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

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

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

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

1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on March 23, 2026, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Miguel De La Rosa presiding at 5:15 p.m.

2. ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Councilmember
Jorgel Chavez, Councilmember
Dr. Francis De Leon Sanchez, Councilwoman
Isabel Guillen, Mayor Pro Tem
Miguel De La Rosa, Mayor
With no objection, Councilmember Marco Barcena was excused absent.

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

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

4. CLOSED SESSION ITEM
City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5:17 p.m. to discuss the items as listed on the agenda.

4.1 Closed Session Pursuant to Government Code Section 54957.6 -Conference with Labor Negotiators
City Designated Representatives: Michael B. O'Kelly, City Manager and Manuel Carrillo, Director of Finance
City Organization: Employee Organizations: Police Association (POA)

5. CLOSED SESSION REPORT
The City Council reconvened to open session at 6:13 p.m., City Attorney Stephanie Vasquez announced that Item No. 4.1 was discussed and that no reportable action was taken.

6. ADJOURNMENT
Mayor Miguel De La Rosa adjourned the meeting at 6:13 p.m.

Daisy Gomez, City Clerk

CITY OF BELL GARDENS

MINUTES
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, March 23, 2026, 6:00 PM
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at I�at fS Lv .b hgarde m g`hwant to/watch-city (-munch � I� ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.

Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public participation may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to ity lerkd sk@b all «. rdens. rg no later than 72 -hours before the scheduled meeting.

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by h jps Lzoormu lJgihmh and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021
Public participation may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Participation will not be accepted in the QandA Chat function of the zoom app.

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

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

1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on March 23, 2026, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Miguel De La Rosa presiding. Mayor Miguel De La Rosa called the joint meeting to order at 6:13 p.m.

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

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Cameron Vargas, Girls Scout Troop # 2543.

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

5. PRESENTATION

5.1 Certificate of Recognition -
Mayor Miguel De La Rosa read the certificate of recognition and presented it to Michael.

5.2 Athens Presentation - SB 1383 Organic Recycling

Presentation - Athen,s g
Vicky Martinez Muela, Vice President of Government Affairs, provided a presentation.

5.3 Donate Life Month Proclamation
Mayor Miguel De La Rosa read the certificate of recognition and presented to Evangelina Zavala.

6. PUBLIC HEARING

6.1 Consideration of Adoption of Resolution A roving the Belll Gardens Climate Action Plan and Initial Study1.Mitigated Negative Declaration with theIvliiti titian Monitoring Report Program Ci'
RECOMMENDATION: It is staff's recommendation that the City Council:

1. Find the Initial Study/Mitigated Negative Declaration CIS/LAND"), was prepared in accordance with, and pursuant to, the California Environmental Quality Act ("CEQA"), concluding less than significant impacts would occur; and

2. Adopt the attached Resolution approving the Bell Gardens Climate Action Plan ("CAP") and certify an Initial Study/Mitigated Negative Declaration with the Mitigation Monitoring Report Program ("MMRP").

ATTACHMENTS:
xhibit Resolution 2026.3.Y g
Exhibit 2 _ Resolution #PC202 -01 9
Exhibit 3 Climate cti anPl n g
Exhibit 4 - Initial Study / Mitigated Negative Declaration (IS/MND):

4.a. - Memorandum - Ie onse to Comments g
4alr. Miti etion Monitoring and Report in Pro Ira 0

4.c. JMN
Exhibit_5 Tribal Consultation Letter g
Exhibit 6 - Public Comments:
6m a Fast Yard Communities for Environmental JusticeComment Letter 0 6ab. - Communities fou a Better Environment ..(CBF Comment Letter 0 Exhibit 7 kir r to Action Plan Modifications li
Exhibit 8 Presentation g
Mayor Miguel De La Rosa opened the public hearing at 6:44 p.m.

Manuel Acosta, Director of Community Development Department; Adrian Flores, Associate Planner; Ana Bugankova, Sol Shepherd, and Rich Swanson, Blue Strike Environmental Consultants; and Brett Pomeroy, Impact Sciences Consultant, provided a presentation.

PUBLIC COMMENT

City Clerk Daisy Gomez announced that there were two written comments received and distributed to the full Council and appropriate staff.

Mario Dominguez spoke in support of increasing parks and green space.

Edwin Gonzalez spoke in support of fossil fuels.

Mayor Miguel De La Rosa closed the public hearing at 7:26 p.m.

A motion was made by Mayor Miguel De La Rosa, seconded by Councilmember Jorge! Chavez to approve staff's recommendation.

The motion carried 4 - 0 - 0 -1 with the following vote:

Moved by: Miguel De La Rosa; seconded by: Jorgel Chavez Yes: Jorgel Chavez, Miguel De La Rosa, Dr. Francis De Leon Sanchez, and Isabel Guillen
Carried 4-0

7. PUBLIC PARTICIPATION ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER JURISDICTION

City Clerk Daisy Gomez announced that there was one written comment received and distributed to the full Council.

Mario Dominguez spoke regarding various topics.

Edwin Gonzalez spoke regarding various topics.

City Clerk Daisy Gomez announced that there was no written or public comment received.

9. COMMITTEE UPDATES
Councilmember Jorge! Chavez spoke regarding the Congressional City Conference held by National League of Cities in Washington, D.C.

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

A motion was made by Mayor Miguel De La Rosa, seconded by Mayor Pro Tem Isabel Guillen to approve Consent Calendar Item Nos. 11.1 -11.10.

The motion carried 4 - 0 - 0 -1 with the following vote:

Moved by: Miguel De La Rosa; seconded by: Isabel Guillen Yes: Jorgel Chavez, Miguel De La Rosa, Dr. Francis De Leon Sanchez, and Isabel Guillen
Carried 4-0
General Motion to Waive Full Reading and Approve Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

RECOMMENDATION: To approve ordinances by title only.

ATTACHMENTS: None.

11.2 Approval Minutes of Closed Session and City 'Counil/.'uccessorAency _ Joint Meeting r_ g
RECOMMENDATION: It is staff's recommendation that the City Council approve the minutes of the March 9, 2026, Closed Session and City Council/Successor Agency Joint Meetings.

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

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 City Council Closed Session - Mar 09 2023 Mir: tes Html Exhibit 2 - CityCouncils/ Successor Agency to the Community Development Commission Joint Meeting - Mar 09 2026 Minutes - Fitml g

11.3 Warrant Register and Wire Transfer 0
RECOMMENDATION: It is staff's recommendation that the City Council receive and file warrant registers, wire transfers, and net payrolls dated 02/17/2026, 02/19/2026, 02/24/2026, 02/26/2026 and 03/03/2026.

11.4 ATTACHMENTS:

Exhibit 1 - Warrant Regjsteirs 9
Warrant Re inter Successor Alen
RECOMMENDATION: It is staff's recommendation that the Successor Agency

members receive and file the warrant register dated 03/03/2026.

ATTACHMENTS:

Exhibit I1 -Warrant Register ccessor A cinc.

11.5 a.reasurea"Report February: 2026 g
RECOMMENDATION: It is recommended that the City Council receive, approve, and file the February 2026 Treasurer's Report.

ATTACHMENTS:

Exhibit 1 - February 2026 Treasurer eport g

11.6 Consideration of Submission of the 2025 Bell Gardens General Plan and Housing Element Annual Prowess Report g
RECOMMENDATION: It is staff's recommendation that the City Council receive and file this report.

ATTACHMENTS:

Exhibit 1 202.5 Bell Gardens General ...Plan Annual Progress Report g Exhibit 2 2.025 HousingElement Annual Pro r us Report: g

11.7 Consideration of a Resolution Approving a M airater Dance and Support Agreement with IBE i it;?L(a Certified Authorized'Dea `i for Konica Minolta Business Solutions U.S.A., Inc.) for Copier Maintenance Services for 14 Copiers g It is staff's recommendation that the City Council:
1) Adopt the attached Resolution approving a copier Maintenance and Support Agreement with IBE Digital (Certified Authorized Dealer for Konica Minolta Business Solutions U.S.A., Inc.) for the maintenance of 14 copiers, with an effective date of April 19, 2026, for a total not to exceed amount of $130,000 under Sourcewell Contract #112124-KON; and
2) Authorize the City Manager to extend the Maintenance and Support Agreement for an additional one year, should the Sourcewell Contract be extended, to align with the Lease Agreement previously approved under Resolution 2024-92.

ATTACHMENTS:

Exhibit 1®,wResolution He_2 26--52 G
(Exhibit 2 «< Maintenance and Su ortA reern.ent: g
Exhibit3 RFP, Sourcewell Contract, Dealer Agreement g

11.8 Consideration of aResolutioii Approving a First Array ndmerit to the Professional Services Ageement with john L. Hunter &Associ ates, Inc. to Provide Project and Construction M<rnaag_enent Services g
RECOMMENDATION: It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment to the Professional Services Agreement with John L. Hunter & Associates, Inc., subject

to approval by the City Attorney as to form.

ATTACHMENTS:

Exhibit 1-- Resolution 202633 U
Exhibit 2 First Arnendnnent to Professional Services Agreement 9

11.9 AcceptanceofRe lacement of the PoliceDepartrnent Paq king Lct_C� f r d tc r as Complete 9
RECOMMENDATION: It is staff's recommendation that the City Council:

1. Accept the Replacement of the Police Department Parking Lot Gate and Motor as complete; and

2. Authorize staff to file the Notice of Completion.

ATTACHMENTS:

Exhibit 1- Notice of Completion 9

11.10 Consideration of Award of Construction Contract fbr°tree Slurry Seal Improvement Zones...1. and 2.._(CIP ....No. 39411 g
RECOMMENDATION: It is staff's recommendation that the City Council:

1. Award a construction contract to Doug Martin Contracting Company, Inc. in the amount of $223,910.38 for the Slurry Seal Improvements Zones 1 and 2 (CIP No. 3941); and

ATTACHMENTS:

Exhibit 1- Construction C on act g

12. DISCUSSION

12.1 Local. Commission
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.

ATTACHMENTS:

Exhibit :l Notice f Vacancies g
There was no action.

12.2 Project Update -- ATP C_yde...5 Complete Street Improvements g RECOMMENDATION: It is staff's recommendation that the City Council receive and file the report and presentation.

ATTACHMENTS: Exhibit 1 - Presentation U
Bernardo lniguez, Director of Public Works and Facilities, and Douglas Benash, City Engineer, provided a presentation.

A motion was made by Mayor Miguel De La Rosa, seconded by Councilmember Jorgel Chavez to receive and file this item.

The motion carried 4 - 0 - 0 -1 with the following vote:

Moved by: Miguel De La Rosa; seconded by: Jorgel Chavez Yes: Marco Barcena, Jorgel Chavez, Miguel De La Rosa, Dr. Francis De Leon Sanchez, and Isabel Guillen
Carried 5-0

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

14. ADJOURNMENT
Mayor Miguel De La Rosa adjourned the meeting at 8:49 p.m.

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: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: Warrant Register and Wire Transfer
MEETING DATE: April 13, 2026
RECOMMENDATION: It is staff's recommendation that the City Council receive and file warrant registers, wire transfers, and net payrolls dated 03/02/2026, 03/05/2026, 03/10/2026 and 03/17/2026.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are dated 03/02/2026, 03/05/2026, 03/10/2026 and 03/17/2026.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 03/02/2026, 03/05/2026, 03/10/2026 and 03/17/2026.

FISCAL IMPACT:

Wire Transfer
03/05/2026
3092 - 3095
$92,589/5
Warrant Register
03/10/2026
199394 — 199524
$667,120.65
Total Bank
$759,710.40
Net Payroll Transfer
03/05/2026
$591,868.30
Total Voucher
$1,351,578.70
Wire Transfer
03/02/2026
3096
$442,428.23
Warrant Register
03/17/2026
199525 - 199640
$5,000.00
Total Voucher
$3,757,824.36
Grand Total
Vouchers
$5,109,403.06
APPROVED ELECTRONICALLY BY:

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

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
3092 -WIRE
3093 -WIRE
3094 -WIRE
3095 -WIRE
199394
199395
199396
199397
199398
199399
199400
Date Vendor
3/5/2026
3/5/2026
3/5/2026
3/5/2026
003359 BANK OF THE WEST
003358 BANK OF THE WEST
001725 CALPERS
009439 EMPOWER
3/10/2026 010015 5819-5831 CECILIA STREET,LLC
3/10/2026 010901 7115 PERRY ROAD, LLC
3/10/2026 011069 ACB HOLDING LLC
Invoice
Ben621751
Ben621753
Ben621757
Ben621755
5827C EC ILLIA#1-6
7119PERRY-6
5950LOVELAND#K4
3/10/2026 008604 ACCOUNT 6746022400, U.S. BANK PARS Ben621741 3/10/2026 000060 ADAMSON POLICE PRODUCTS
3/10/2026 008623 ALAN'S LAWN & GARDEN CENTER
3/10/2026 010833 AMAZON CAPITAL SERVICES, INC.

INV448040
123842
14WJ9R7QDL3C
1DJ7NLMM1C7H
1X1 MV1 R9HQRY
1YR3LG346M3W
1YRH1JQKJJDQ
PQ #
Description/Account
FEDERAL INCOME TAX: PAYMENT
Total :

STATE INCOME TAX: PAYMENT
Total :

P/R 3.5.2026
MASS MUTUAL: PAYMENT
Total :

Total :

RCS RENTAL K. MAGEE APRIL 202E
Total :

RCS RENTAL M.LOPEZ APRIL 2026
Total :

RCS RENTLA B. COBIAN APRIL 202
Total :

PARS: PAYMENT
Total :

PD FLARES CS PATROL UNITS
Total :

PW PARK SUPPLIES
Total :

RCS SPORTS OFC SUPPLIE S

RCS FRONT OFC SUPPLIES

RCS OFFICE SUPPLIE S

RCS ASP BGVP SPRING FESTIVAL

RCS BUSINESS PRIME ANNUAL
Total :

Amount
92,589.75
92,589.75
29,798.97
29,798.97
156,136.33
156,136.33
29,090.42
29,090.42
891.20
891.20

74.00 74.00
645.60
645.60
8,381.90
8,381.90
515.39
515.39
222.77
222.77

20.94 242.29

59.14 165.56
142.55
630.48

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 2
Bank code : common
Voucher
Date Vendor
199401 3/10/2026 010953 AMERICAN GLOBAL SECURITY,INC
199402 3/10/2026 011559 AMERICA'S BEST PROPERTY MNGMT. 5516CALARST#14-1 199403 3/10/2026 000148 AMTECH ELEVATOR SERVICES 151402254534 151402254874
199404 3/10/2026 000150 ANAYA'S SERVICE CENTER
199405
199406
199407
3/10/2026 010784 ARDURRA GROUP, INC
3/10/2026 011556 AREVALO, JOSE L.

Invoice
PO #
Description/Account
Amount
29553 06446 RCS SPORT CENTER SEC FEB SEF 6,358.38
Total : 6,358.38
RCS RENTAL L.SANCHEZ APRIL 20:

Total :

PD ELEVATOR MAINT MARCH2026
PW MAINT SRVC 3/1 -31ST
Total :
42799 PD UNIT 275 REPL HEATER /THERI
42805 PD UNIT 278 REPL ALTERNATOR
42806 PD UNIT 276 TUNE UP IGNITION
42807 PD UNIT 295 OIL CHANGE BRAKES
42808 PD UNIT 294 OIL , BRAKES
42822 PD UNIT 289 OIL,BRAKE INSP
42864 PD UNIT 220 REPL BATTERY
Total :
176341 06447 RCS AQUATIC CNTR CONST NOV
Total :
6835ELSELINDA-1
3/10/2026 011553 ARIAS SEWING MACHINES, FRUCTUOSO 217140 217142
217213
199408 3/10/2026 011549 ASCENSIO, CELIA
199409 3/10/2026 000284 ASSOC., BELL GARDENS POLICE
199410 3/10/2026 011532 AYALA, GILBERTA.
5840LANTO2
Ben621745
5612CECILLIA-3
RCS RENTAL B.ALVARADO APRIL 2
Total :

PW VACUUM SRVCS

PW VACUUM SRVCS
Total :

RCS RENTAL R.GONZALEZ APRIL
Total

NON -SWORN POA MEMBER -DUES,
Total :
1,251.60
1,251.60
252.88
244.79
497.67
447.85
996.54
991.63

94.97 94.97

94.09 221.66
2,941.71
14,595.00
14,595.00
489.60
489.60

35.00 60.00

35.00 130.00
1,200.00
1,200.00
3,274.00
3,274.00
RCS RENTAL C. LUNAAPRIL 2025 840.00
Total : 840.00

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 3
Bank code : common
Voucher
Date Vendor
199411 3/10/2026 004458 BELLWOOD AUTO BODY
199412 3/10/2026 011297 BENEFIT COORDINATORS CORP. BOM9YM 199413 3/10/2026 000299 BLAUVELT SIGNS, LARRY BLAUVELT
Invoice
199414 3/10/2026 010108 BLESSED AUTO INC.

E028B02B
Po #
Description/Account
PW BODY WORK TO VEH L202
Total :

RETIREE VISION/DENTAL 3/26
Total :
7605 PW STICKERS FOR CONF ROOM A
7606 PW STAFF NAME PLATES CH PW
Total :
231980
231981
231985
231987
199415 3/10/2026 011343 BLUETRITON BRANDS, INC, PRIMO BRAN 0688710098406 199416 3/10/2026 011343 BLUETRITON BRANDS, INC, PRIMO BRAN 0686702768201 0686702768202
199417
199418
199419
199420
199421
3/10/2026 005910 BRIGHTVIEW LANDSCAPE SRVCS INC 9684557 3/10/2026 006331 BSN SPORTS, LLC
3/10/2026 011152 C&T FERNANDEZ INVESTMENTS,INC.
3/10/2026 011557 CA WEST HOMES LLC., HECTOR RUIZ
3/10/2026 008114 CALIFORNIA CLEANING SUPPLIES
933274951
6617JABONERIARD
6618TOLER-1
60288
60289
60295

PW SRVC/REP JOHN DEER FDPK
PW SRVC/REPAIR JOHN DEER GA1

PW SRVC/REPAIR KABOTA PK VEH

PW SRVC/REPAIR KABOTA FDPK
Total :

FA WATER SRVCS 12/11-1/10
Total :

PW WATER FILTERING SRVCS FDF

PW WATER FILTERING SRVC BGVF
Total
Amount
998.52
998.52
22,884.54
22,884.54
200.00
374.00
574.00
673.50
524.75
317.17
434.24
1,949.66

77.66 77.66

61.24 61.24
122.48
06411 PW LANDSCAPE MAINT JAN26 SEF 2,100.00
Total : 2,100.00

RCS BASEBALUSOFTBALL FIELD A
Total :

RCS RENTAL F.RODRIGUEZ APRIL:

Total :

RCS RENTAL J. PEREZ APRIL 2026
Total :

PW CUSTODIAL SUPPLIE S

PW CUSTODIAL SUPPLIE S
750.26
750.26
900.00
900.00
881.60
881.60
298.28
663.81
191.72

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account _ Amount
199421 3/10/2026 008114 CALIFORNIA CLEANING SUPPLIES (Continued) 60296
60305
199422 3/10/2026 011547 CAMPOS, ALFONSO E. 8037GARFIELD-2 199423 3/10/2026 011558 CAPILLA, TERESITA 6151GAGE-1
199424 3/10/2026 011515 CARDENAS, MARGARITA 6818HANNON-5 199425 3/10/2026 011479 CASTELLANOS, JOSE MARTIN 7005GRANGER-6 199426 3/10/2026 009266 CHARTER COMMUNICATIONS 258619801030126-0:
199427 3/10/2026 008611 CHAVEZ, JORGEL 030526
199428 3/10/2026 006425 COMMUNITY VETERINARY HOSPITAL 794850655 199429 3/10/2026 011114 DAWN PATROL, LLC 7006GRANGERAVE# 199430 3/10/2026 010278 DE LA ROSA, MIGUEL 022226
199431
199432
199433

PW CUSTODIAL SUPPLIES

PW CUSTODIAL SUPPLIES
Total :

RCS RENTAL M.G ANSASTIGAAPR
Total :

RCS RENTAL Y.RAMIREZ APRIL 20.

Total:

RCS RENTAL N.BARRERA APRIL 20
Total:

RCS RENTAL M.COTA APRIL 2026
Total :

IT 8327 GARFIELD WIFI MAR2026
Total:

CC -LEAGUE OF CALIF CITIES LA D
Total :

PD K9 NACHO ANNUAL OFC CONS!
Total :

RCS RENTAL K.GRANT APR2026
Total :

CC ICA WINTER SEMINAR SANTA E
Total :
3/10/2026 000658 DELTA DENTAL INSURANCE COMPANY BE00695408 FA DENTAL INS 3/26 3/10/2026 011486 DEUS PACEM, LLC.
3/10/2026 011486 DEUS PACEM, LLC.
5818LIVEOAK#E-6
5831 FOSTORIAST-1
Total :

RCS RENTAL L.LIMPERT APR2026
Total :
437.51
191.72
1,783.04
714.00
714.00
640.00
640.00
1,019.20
1,019.20
943.20
943.20
650.00
650.00

50.00 50.00
148.23
148.23
778.00
778.00
116.00
116.00
2,967.48
2,967.48
735.60
735.60
RCS RENTAL B.BAUTISTAAPRIL20; 710.80

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 5
Bank code : common
Voucher
199433
Date Vendor
3/10/2026 011486 011486 DEUS PACEM, LLC.
199434 3/10/2026 000713 DOWNEY VENDORS
199435 3/10/2026 008258 ECOFERT, INC
199436 3/10/2026 008128 ECONOLITE SYSTEMS
199437
199438
199439
199440
199441
199442
199443
199444
199445
3/10/2026 011331 EMILIO ALVAREZ LIVING TRUST
3/10/2026 011533 EPAZOTE NO.3 LLC
3/10/2026 011533 EPAZOTE NO.3 LLC
3/10/2026 005206 FIESTA COOPERATIVE INC.

Invoice
(Continued)
123321
PO #
Description/Account

FA OFFICE SUPPLIES
Total :

Total :
6736 PW FIELD FERTIGATION FEB
Total :
46855 06448 PW SIGNAL SRVCS JAN ROUTINE
46877 06448 PW SIGNAL SERVICES JAN2026
Total :
6041LOVELANDST4 RCS RENTAL HURTADO APR 2026
Total
5984 GALLANT#C-3 RCS RENTAL A.AGUILAR APR2026
Total :
5945GOTHAMST#E- RCS RENTAL M.RAMIREZ APR 202E
Total :
260101 06412 PW MEDICAL TAXI SERVICES (6 MC
Total :
3/10/2026 001481 FINANCIAL SERVICES, INC., DE LAGE LAP 596137355 3/10/2026 006521 FRANCHISE TAX BOARD
3/10/2026 010291 FRANCO, LINDA & RON
3/10/2026 009084 FRONTIER COMMUNNICATIONS
3/10/2026 009084 FRONTIER COMMUNNICATIONS
Ben621749
6359GOTHAM#14-1
0224225-030126
051415-5 030426
PD COPIER LEASE MARCH 2026
Total :

GARNISHMENT: PAYMENT
Total:

RCS RENTAL M.MORENO APRIL202
Total :

IT CH/PD INTERNET MARCH2026
Total :

PD UPGRADE FRAME RELAY PD
Total :

Amount
710.80

92.00 92.00
724.00
724.00
5,043.70
4,931.89
9,975.59
800.00
800.00
840.00
840.00
680.80
680.80
3,079.46
3,079.46
342.12
342.12
170.00
170.00
518.40
518.40
1,249.50
1,249.50
1,113.00
1,113.00

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 6
Bank code : common
Voucher
Date Vendor
199446 3/10/2026 011304 GASTELUM STEEL, INC.
199447 3/10/2026 011523 GLOBAL ALLIANCE ASSOCIATES 5816SHULL#B-4 199448 3/10/2026 009809 GLOBAL URBAN STRATEGIES INC.
199449 3/10/2026 002092 GOLDEN STATE WATER COMPANY
199450 3/10/2026 006354 GONZALEZ, FREDDIE
199451 3/10/2026 011268 GUILLEN, ISABEL
199452 3/10/2026 008537 HAGEN PLUMBING INC
199453 3/10/2026 011481 HERNANDEZ, BRIANNA
199454 3/10/2026 001025 HOME DEPOT
Invoice
PO #
Description/Account
3148 PW IRON GATE REPAIRS AT DARW
Total :

RCS RENTAL M.VALENCIAAPRIL 2C
Total :
1117 06501 CM GRANT WRITING/ADMIN SERVI
1119 06501 CM CALHOME OWNER OCCUPIED
Total :
06542100000-022021
14489565193-02182E
40584200006-02192E
50552100005-021721
54510972356-021921
56943418386-022021
58731400006-021321
65551868949-021821
84655100000-021321
020326FG
022226
109389
5816GOTHAMST-6
021550/4554315
022501/3528901
023045/2510394
025276/0534210
3213911
PW 6640 MARLOW
PW 8114 PARK LN SOCCER FIELD
PW 8323 GARFIELD AVE.

PW 5978 GALLANT ST IRRIG
PW 7950 SCOUT AVE IRRIG
PW 6626 MARLOW
PW 7901 EASTERN MEDIAN IRRIG
PW 7800 SCOUT IRRIG
PW 5619 CLARA ST
Total :

CARPOOL INCENTIVE F.GONZALE;
Total :

CC ICA WINTER SEMINAR REIM2/1'
Total :

PW MAINT LINE CLOG AT PD
Total :

RCS RENTAL K.N CORTEZ APRIL 2(
Total :

PW FACILITIES SUPPLIES

PW FACILITIES SUPPLIE S

PW FACILITIES SUPPLIES

PW FACILITIES SUPPPLIES

PW FACILITIES SUPPLIES
Amount
202.86
202.86
650.00
650.00
2,885.00
1,540.00
4,425.00
691.43
316.95
186.07
378.18
2,557.15

95.19 319.44
1,457.54
443.34
6,445.29

35.00 35.00
116.00
116.00
582.36
582.36
1,000.00
1,000.00

5.24 8.21
335.43
290.48
-2.80

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 7
Bank code : common
Voucher
199454
199455
199456
199457
199458
199459
199460
Date Vendor
3/10/2026 001025 HOME DEPOT
3/10/2026 009818 IBE DIGITAL
Invoice
(Continued)
5533502
8524197
489685
489899
489900
489901
489902
489903
489904
489905
489906
489907
489908
489909
489910
489911
3/10/2026 010757 INFRASTRUCTURE, WSP USA ENVIRONP 40309717 3/10/2026 004894 JIMENEZ, DORIS E.
3/10/2026 011488 KAY -SO INC.
3/10/2026 009506 KOA CORPORATION
3/10/2026 005455 LA COUNTY SHERIFF'S DEPT
199461 3/10/2026 010900 LAI, TONY
1042092002
PQ #
Description/Account

RCS CLARA SR CLEANING SUPPLI

RCS BGVP TAPE AND KEYS
Total :

FA COPIER USAGE 1/24-2/23
CCL COPIER USAGE 1/31-2/27
CD COPIER USAGE 1/31-2/27
PD RECORDS COPIER USAGE 1/31
PD BRIEFING COPIER USAGE 1/31.

PD DISPATCH COPIER USAGE 1/31

PD JAIL COPIER USAGE
PW COPIER USAGE 1/31-2/27

RCS SENIOR CTR COPIER USAGE
RCS NYC COPIER USAGE 1/31-2/27

RCS BGVP FRONT OFC COPIER LE
RCS BGVP BACK OFC COPIER US?
RCS FORD FRONT OFC COPIER U;

RCS FORD BAKC OFC COPIER US/
Total :
06672 CD PROF SRVCS JAN 26 ECRG GR
Total :

RCS SHELTER DEP REF 4/11
Total :
5952LUDELL#1/2-6 RCS RENTAL M. SANCHEZ APRIL2C
Total :
2425810 06151 PW DEVELOP OF SAFE ST DEC FC
2425811 06151 PW DEVELOP OF SAFE ST JAN FO

OVRPYMT PW CREDIT FOR OVERPAYMENT
Total:
561733BL PD PRISONER MEALS JAN
6151 GAGE -1 RCS RENTAL J. VAZQUEZ APRIL 20
Total :

Amount
300.43
101.25
1,038.24
231.75

84.24 428.85
298.28
143.63

55.97 20.06
176.88
247.53

24.83 197.79
408.92
139.38

80.70 2,538.81
10,537.47
10,537.47
230.00
230.00
449.20
449.20
26,537.80
14,375.00
-1,535.00
39,377.80
410.24
410.24

1.040.00

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 8
Bank code : common
Voucher Date Vendor
Invoice PO # Description/Account Amount
199461 3/10/2026 010900 010900 LAI, TONY (Continued)
199462 3/10/2026 010900 LAI, TONY
6817ADAMSON-3
Total : 1,040.00
RCS RENTAL M. JIMENEZ APRIL 20. 742.00
Total: 742.00
199463 3/10/2026 006145 LAN WAN ENTERPRISE, INC. 76993 06462 PD MAINT I.T. AGREEMENT SRVC 4,800.00 77046 06462 PD LAN WAN MAINTENANCE LT. A( 4,800.00
77061 06462 PD MAINT 2/9-12 I.T. AGREEMENT ; 4,800.00
77067 06462 PD MAINT 2/16 -19TH I.T. AGREEME 4,800.00
Total : 19,200.00
199464 3/10/2026 007252 LEAF 19871997
199465 3/10/2026 008684 LGP EQUIPMENT RENTALS INC 1421561 199466 3/10/2026 001695 LIBERTY UTILITIES CORP 200006892000-0217; 200006892018-0217;
200006892026-0217;
200006892034-0217:
200006892042-0217;
200006892059-0217.
200006892075
200006892083-0217:
200006892091-0217;
200006892117-0217;
200006892125-0217;
199468 3/10/2026 001695 LIBERTY UTILITIES CORP
RCS HP L365 COPIER LEASE 389.80
Total: 389.80
RCS HALLOWEEN CARNIVAL GEN 224.45
Total: 224.45
PW 6218 EASTERN AVE

PW IRRIG EASTERN/WATCHER
PW 6423 FLORENCE PL
PW 6820 FOSTER BRIDGE BLVD

PW IRRIG GAGE GARFIELD

PW IRRIG GAGE/PERRY RD
PW 7000 GARFIELD AVE.

PW 7100 GARFIELD AVE.

PW 7100 GARFIELD AVE
PW 6662 LOVELAND ST
PW 6662 LOVELAND ST
200006888636-0302; M.GONZALEZ 5810 AGRA ST
200006888768-0302;
200006889642-0302;
200006889915-0302;
200006890194-030Z
200006890590-0302;
200006891226-0302;
200006891515-0302;
200006892323-0302;
Total :

T.VILLALVAZO 5837 AGRA ST
E.GUZMAN 6224 AGRA ST
MC.GONZALEZ 6313 AJAX AVE
J.CAMARENA 6732 ALVINA ST
V.NAVARRETE 6514 CASSANDRAA
J.N ANAYA 6646 CHALET DR.

J.MIRANDA 6653 CHARNER ST
R.GUTIERREZ 6512 EMIL AVE
676.20
917.00
625.24
597.24

86.24 131.04
681.80
1,505.00

52.40 3,791.20
2,555.84
11,619.20

94.97 170.17
162.65
121.29
128.81

91.21 245.37
316.81

83.69 Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Bank code : common
Voucher
199468
Date Vendor
Page: 9
Invoice PO # Description/Account Amount
3/10/2026 001695 LIBERTY UTILITIES CORP
(Continued)
200006893354-0302
200006893420-030Z
200006894386-0302;
200006894576-0302;
200006895458-0302;
200006895581-0302
200006896274-0302;
200006896563-030Z
200006896571-030Z
200006897280-030Z
200006897439-0302;
200006897637-030Z
200006898072-030Z
200006898114-0302;
200006898122-030Z
200006898148-0302;
200006898312-0302;
200006901603-030Z
200006901785-0302;
200006902098-030Z
200006902114-0302;
200006902387-0302;
200006902510-030Z
200006903096-030Z
200006903377-0302;
200006903799-030Z
200006905323-030Z
200006933861-030Z
200006939678-0030;
200006945907-0302;
200006957258-0302;
200006968750-030Z
200006990580-030Z
200007004803-030Z
200007026921-0302;
200007059856-030Z
200007091321-030Z
T.ZAMORA 6608 FOSTER BRIDGE
I.GUTIERREZ 6644 FOSTER BRIDG
C.BELTRAN 6440 GAGE AVE.

L.MENDOZA 6714 GAGE AVE
J.PARRA 6720 GRANGER AVE
R. VARGAS 6816 GRANGER AVE
A.RUBIO 6515 HANNON ST
A.ESCOBEDO 6717 HANNON ST
R.LOPEZ 6719 HANNON ST
E.ESPINOZA 6524 KRESS AVE
A.CASTILLO 5526 LANTO ST
D. VERNER 5807 LANTO ST
M-RETEGUIN 5928 LANTO ST
B.JESALVA 5944 WATCHER ST
R.BARAJAS 5951 LANTO ST
O.APONTE 5957 LANTO ST
E.TOSCANO 5968 LANTO ST
J.MEDRANO 6527 TOLER AVE
G.VIDRIO 6617 TOLER AVE
F.MONGE 6756 TOLER AVE.

E.E GOMEZ 6800 TOLER AVE
J.MAGANA 5539 WATCHER ST
A.PATTERSON 5572 WATCHER ST
J.M BORRAYO 5940 WATCHER ST
A.SANCHEZ 6239 WATCHER ST
M.MARTINEZ 6730 ALVINA ST #C
A.CERVANTES 6821 GRANGER #B
Y.DAVILA 6559 SUVA ST
C.FARIAS 6730 ALVINA ST #B
J.BELTRAN 6913 HANNON ST
J.CASTILLO 6818 HANNON ST
C.GAUSIN 6609 PRIAM DR
A.CORRALES 6563 CHALET DR
S.DONALDSON 6411 CHALET DR.

G.MARISCAL 5934 WATCHER ST
C.GARCIA 6526 KRESS AVE
J.CARDENAS 7035 GRANGER AVE
143.85

94.97 140.09
339.37
143.85
132.57
158.89
106.25
147.61
151.37
147.61

79.93 98.73
143.85
155.13

79.93 113.77

94.97 140.09
185.21

83.69 102.49
110.01
207.77
158.89

83.69 106.25
140.09

83.69 117.53
158.89
437.13
110.01
132.57
106.25
162.65
102.49

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 10
Bank code : common
Voucher
199468
199469
199470
199471
199472
199473
199474
199475 3/10/2026 001491 MOBILE MINI INC.
199476 3/10/2026 010458 MORALES, MANUEL A.
199477 3/10/2026 008580 MORENO, DAISY
199478 3/10/2026 010911 MORENO, MARIA P.

Date Vendor
3/10/2026 001695 LIBERTY UTILITIES CORP
3/10/2026 010545 LINGO
3/10/2026 001318 LOOMIS
3/10/2026 003249 LUBRANI, SAMANTHA L.

Invoice
(Continued)
200007109081-0302'.
200008326395-030Z
200015255223-030Z
200016333904-0302:
20016218394-03022E
2006897389-030226
34772849
13916103
CC26002
3/10/2026 011478 MANAGEMENT INS., 21ST CENTURY PRO 5843LUDELL-6 3/10/2026 011430 MEDINA INVESTMENTS, LLC
6829JABONERIA#C-
3/10/2026 010981 MENDOZA'S LAWNMOWER SHOP, M. MEI 4946
4947
9025617069
0013-01312026
021026
6519ADAMSONAVE-
Po #
Description/Account
L.ZUNIGA 6661 CHARNER ST
F.RODRIGUEZ 6553 EMIL AVE
R.GONZALEZ 5840 LANTO ST
D.ORDONEZ 6533 PRIAM DR.

R.RODRIGUEZ 6558 GAGE AVE
D.VASQUEZ 5515 LANTO ST
Total :

PD POTS LINES 3/3-4/2
Total:

FA ARMORED SRVCS MARCH2026
Total :

CCL CITY COUNCIL MTGS 2/9-23RC
Total :

RCS RENTAL L. DEMOSS APRIL202
Total :

RCS RENTAL M. AISPURO APRIL20.

Total :

PW EQUIP MAINT/REPAIR UTIL CRI

PW WEED WACHER HEADS PKS/F,
Total :

PD CONTRACT SRVC 2/17-3/16
Total :

RCS JAN KARATE CLASS

PERDIEM TRNG
Total :

Total :

RCS RENTAL M.LOPEZ APRIL 2026
Amount
117.53

79.93 136.33
106.25
140.09
155.13
7,352.36
849.55
849.55
392.00
392.00
1,100.00
1,100.00
834.40
834.40
471.60
471.60
211.05

83.98 295.03

78.46 78.46
840.00
840.00

24.00 24.00
460.00

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 11
Bank code : common
Voucher
199478
199479
199480
199481
199482
199483
199484
Date Vendor
3/10/2026 010911 010911 MORENO, MARIA P.
3/10/2026 010723 NIXON LOGISTICS INC.
3/10/2026 011545 NUNEZ, OSCAR
3/10/2026 004672 OMEGA INDUSTRIAL SUPPLY INC.

Invoice
PO #
(Continued)
Q20260209095729 06692
74001 RA#1 /2-2
167482
3/10/2026 009641 ORGANIZATION LLP, OLIVAREZ, MADRUC 30043 30044
30045
30046
30047
30048
30049
30050
30051
30052
30054
30055
30056
30057
30058
30059
30060
30061
30062
30063
30064
3/10/2026 008044 PAL PROGRAM
3/10/2026 011050 PARK VIEW TERRACE
Ben621743
6730c1ara#309-6
Description/Account
Total :

PW STUDENT JOSE MIGUEL SALA.

Total :

RCS RENTAL S.AVALOS APRIL2026
Total :

PW PARK SUPPLIES
Total :

CC LEGAL GEN JAN 2026
HR LEGAL GEN JAN 2026
CCL LEGAL GEN JAN 2026
CM LEGAL GEN JAN 2026
CD LEGAL GEN JAN 2026
FA LEGAL GEN JAN 2026
CD LEGAL GEN JAN 2026
PD LEGAL GEN JAN 2026
PW LEGAL GEN JAN 2026
RCS LEGAL GEN JAN 2026
CD LEGAL GEN JAN 2027

CD OTHER LIC/PERMITS

CD OTHER LIC/PERMITS
CC LEGAL GEN JAN 2026
PD LEGAL GEN JAN 2026
PD LEGAL GEN JAN 2026
PW LEGAL GEN JAN 2026

CD OTHER LIC/PERMITS

CD OTHER LIC /PERMITS

CD OTHER LICENSES/PERMITS
Total :

PAL PROGRAM: PAYMENT
Total :

RCS RENTAL M. RIVAS CRUZ APRIL
Amount
460.00
2,100.00
2,100.00
700.00
700.00
892.52
892.52
18,646.37
908.80
9,000.10
8,713.89
9,917.50
4,118.00
8,513.00
3,672.10
10,237.20
1,531.50
1,726.60
4,228.90
113.60
3,136.00
6,172.70
576.00
288.00

28.40 28.40
312.40

28.40 91,897.86
285.00
285.00
346.80

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 12
Bank code : common
Voucher
199484
199485
199486
Date Vendor
Invoice
3/10/2026 011050 011050 PARK VIEW TERRACE (Continued)
3/10/2026 007292 PARKING CO. OF AMERICA, PCAM,LLC
INVM0020543
INVM0020545
INVM0020546
3/10/2026 010226 PERMANENTE MEDICAL GROUP, SOUTH' 9002046994 199487 3/10/2026 011544 PREMIUM INVESTING, LLC
199488 3/10/2026 004140 PROLINE GYM FLOORS
199489 3/10/2026 010973 QUALITY JET ROOTER, INC.
199490 3/10/2026 004661 QUILL CORPORATION
199491 3/10/2026 010878 R. GARZA PROPERTIES, LLC
199492 3/10/2026 011368 RCK INVESTMENTS, LLC
199493 3/10/2026 002884 RESERVE ACCOUNT
6667SUVA#F-2
3382
2133
47763079
8338EASTERN#4
5945LANTOST-1
10889251-013126
10889251-022826
199494 3/10/2026 004643 RESOURCE BUILDING MATERIALS 4152989 4152999
4156964
199495
3/10/2026 008332 RICARDO EXTERMINATOR 0158686
PO #
Description/Account
Total :
06427 PW DIAL A RIDE SRVCS JAN2026
06427 PW SENIOR BUS DRIVER JAN 202E
06427 PW FIXED ROUTE SERVICES JAN
Total :

EE PREPLACEMTN PHYSICALS
Total :

RCS RENTAL A.FISH APRIL 2026
Total :

RCS YGH BASKETBALL SUPPLIE S
Total :

PW TESTING/CERTIF BACKFLOW
Total :

PD OFC SUPPLIES DEPT TONER
Total :

RCS RENTAL E.HENRIQUEZ APRIL
Total :

RCS RENTAL J.LOPEZ APRIL 2026
Total :

CCL POSTAGE

CCL POSTAGE
Total :

PW SAND FOR FIRE DEPT & PW

PW SAND FOR FIRE DEPT
Total :

Amount
346.80
22,887.07
3,888.52
59,336.21
86,111.80
150.00
150.00
638.00
638.00
236.48
236.48
735.00
735.00
377.27
377.27
703.20
703.20
1,000.00
1,000.00
1,598.77
1,621.38
3,220.15
227.63
411.59
411.59
1,050.81
PW EXTERMINATOR SRVC PARKA 65.00

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor
199495
Page: 13
Invoice PO # Description/Account Amount
3/10/2026 008332 008332 RICARDO EXTERMINATOR (Continued) 199496 3/10/2026 001885 ROADLINE PRODUCTS,INC
199497
3/10/2026 008637 ROBERTSON'S READY MIX LTD
Total : 65.00
22448 06694 PW TYPE 1 BARRICADES 2,867.75
22463 06450 PW YELLOW TRAFFIC PAINT 953.20
22465 PW PALLET OF RED CURB PAINT 5 953.20
Total : 4,774.15
790113 06695 PW 7 YARDS READY MIX CONCRE 1,386.02
Total : 1,386.02
199498 3/10/2026 011560 S & L SAFETY PRODUCTS, STEVEN ADEL 182712 77330
199499 3/10/2026 011482 SANCHEZ, VIRGINIA 6553EMIL-6
199500 3/10/2026 011567 SANDOVAL REAL PROPERTIES, LP 5516CLARAST#14-1 199501 3/10/2026 011420 SANGOMA US INC. C1123567
199502 3/10/2026 010239 SAUCEDO, JOSE 65591/2FOSTERBRII 199503 3/10/2026 002063 SMART & FINAL 649733-021826
672699
970011

PW OIL SPILL KITS FOR VEH ST CF

PW OIL SPILL KITS FOR VEH
Total :

RCS RENTAL F.RODRIGUEZ APR 2(
Total :

RCS RENTAL L.VELASQUEZ APR20
Total:

VOIP SRVCS 2/24-4/7
Total:
663.48
132.60
796.08
691.20
691.20
406.00
406.00
10,664.04
10,664.04
RCS RENTAL A.GODINAAPRIL 202E 740.00
Total: 740.00
RCS KARAOKE SNACKS 2/20 87.22
RCS WORLD DELICACY FIJI 2/26

RCS VP COFFEE STATION SUPPLIE
Total :
199504 3/10/2026 002087 SOUTHERN CALIFORNIA EDISON 700143043419-0224: PW VARIOUS LOCATIONS 700332863224-0225: PW 7100 GARFIELD AVE. TPP2
700379113430-0219; PW 7907 EASTERN AVE
700436447302-0220; PW 6208 LOVELAND ST
199505
3/10/2026 000594 STATE DISBURSEMENT UNIT Ben621747
Total :
105.10
221.24
413.56
6,621.91
193.69

14.91 102.10
6,932.61
GARNISHMENT: PAYMENT 914.76

Voucher List
03/12/2026 1:52:44PM CITY OF BELL GARDENS
Page: 14
Bank code : common
Voucher
199505
199506
199507
199508
199509
199510
199511
199512
199513
Date Vendor
Invoice
3/10/2026 000594 000594 STATE DISBURSEMENT UNI (Continued) 3/10/2026 002169 SUPER A FOODS
3/10/2026 011568 TAK, JULES
3/10/2026 011444 TAM, PUI YI
3/10/2026 011080 TAMARA ANDERSEN LLC
3/10/2026 010806 THE LIFEGUARD STORE
0871-012726
7488-022526
8514-021826
8552
JTAK
6514CASSANDRA#P
6536AJAX#1/2-5
I NV001575117
3/10/2026 011531 THE LIMON FAMILY TRUST, CHRISTIAN A. 7819JABONERIARD; 3/10/2026 004931 TORRES, DAVID
3/10/2026 002262 TRIANGLE SPORTS, INC
199514 3/10/2026 005879 UNITED SITE SERVICES
199515 3/10/2026 011032 VALDEZ, ROSEMARY
199516 3/10/2026 011524 VALENCIA, ANTONIO & ANTONIA
FY25-26
PO #
Description/Account
Total :

RCS EMERGENCY FIRE PET SUPPI

RCS ASP NYC EVERYDAY SUPPLIE

RCS BILLARDS TOURNAMENT LUN
RCS BILLIARDS TOURN LUNCH 2/1
Total :

FA REIM FOR GFOA TRNG/CERT
Total :

RCS RENTAL V. NAVARRETAAPR2(
Total :

RCS RENTAL S. ACOSTA APRIL 202
Total :

RCS LIFEGUARD UNIFORMS
Total:

RCS RENTAL M. ORTEGA APRIL202
Total :

TUITION REIM FY 25-26
Total :
43730 RCS MENS SFTBALL AWARDS REC
43797 RCS WOMENS SFTBALL AWARDS
Total :
5911672
6825ELSELINDAAVE
7807GILLILAND-4
RCS PORTABLE RESTROOM 2/13-3
Total :

RCS RENTAL L.M CALL-ORTIZ APR
Total :

RCS RENTAL O GONZ-FERMIN APF
Total :

Amount
914.76

28.67 155.29
116.16
143.64
443.76
1,200.00
1,200.00
883.60
883.60
878.00
878.00
433.30
433.30
956.80
956.80
2,000.00
2,000.00
417.20
379.97
797.17
159.20
159.20
479.20
479.20
1,280.00
1,280.00

03/12/2026 1:52:

Bank code : common
Voucher
Date Vendor
Voucher List
C e F * ELL GA DE
199517 3/10/2026 011315 WEI, FU
199518 3/10/2026 011566 BALA, VENANCIO
199519 3/10/2026 011561 VALA, ANALY
199520 3/10/2026 003514 ZEP SALES & SERVICE
199521 3/10/2026 011282 ZL MANAGEMENT GROUP, LLC
199522 3/10/2026 011562 ZURITA, CO»';; I A
199523 3/10/2026 011315 WEI, FU
199524 3/10/2026 011315 WEI, FU
134 Vouchers for bank code : common

T NSFER
3/5/2026 BANK OF THE EST
134 Vouchers in this report
Invoice
5883FOSTORIA-10
5831 FOSTORIAST-1
FEB2026
9012424581
6943PERRY#H-4
23716
5883FOSTORIA-10 I
6733LIVEOAK-1
P/R
PO #
Description/Account
RCS RENTAL K.RIVE APRIL 2026
Total
RCS RENTAL J.ESCOBEDO APRIL2
Total :

POST OFC REIM CERT MAIL

PW CUSTODIAL SUPPLIE S
RCS F.BENIT APRIL 2026
Total :

Total :

PD JAILER ACADE UNIFORM
Total :

RCS RENTAL K.RIVE . APRIL2026
Total :

RCS RENATL M. AGUILAR APRIL 20
Total :

NET PAYROLL
Page: 15
871.20
871.20

83. 83.84
918.68
918.68
769.60
769.60
205.51
205.51
846.00

6.00 5.60

5.60 Bank total : 759,710.40
591,868.30
Total vouchers : 1,351,578.70

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
3096 -WIRE
199525
199526
199527
199528
Date Vendor
3/2/2026 010983 BERNARDS BROS INC.
3/17/2026 007322 1ST JON INC
3/17/2026 000026 AM BURGLAR ALARM
3/17/2026 000076 AFLAC
3/17/2026 008623 ALAN'S LAWN & GARDEN CENTER
199529 3/17/2026 000106 ALL CITY MANAGEMENT SERVICES
199530 3/17/2026 010996 ALLIANT INSURANCE SERVICES,INC
199531 3/17/2026 010978 AM PM SPAY & NEUTER CLINIC
199532 3/17/2026 010833 AMAZON CAPITAL SERVICES, INC.
199533
199534
199535
Invoice
1864261001
138684
004213
937588
PO #
Description/Account
Amount
05709 PW - JOHN ANSON FDPK PMT#20 F 442,428.23
Total : 442,428.23
06698 RCS NYC PORTABLE RESTROOMS
Total :

PW MNTHLY ALARM MONITORING
Total :

FA VOLUNTARY ISN 3/26
Total :
116496 PW PARK SUPPLIES
123843 PW PK SUPPLIE SBGVPK/CITY HAL
Total :

INV103906
3445262
695330
13NKLK19RTR
1 G677944M74W
1RHCXD1M3RVVV
3/17/2026 004556 AMERICAN WELDING, RAMIRO PACHECC 932621 3/17/2026 010918 ATHENS INSURANCE SERVICES, INC JAN2026 3/17/2026 008041 AVANT GARDE INC.
06403 PW CROSSING GUARD SERVICES
Total:
2026 5K/10K RUN/WALK
Total:
06445 RCS VET SRVCS - CAT & SPAY NEL
Total :

RCS FRONT OFC SUPPLIES

RCS CLARA SPRING BOUTIQUE
Total

PW REPAIR FENCE ALONG SIDE R
Total :

REIM FOR OVERPAYMENT D.SALM
Total :
12691 04697 PW ATP CYCLE 5 COMPLETE STRE
1,096.75
1,096.75
892.25
892.25
8,146.59
8,146.59
355.04
222.77
577.81
15,693.73
15,693.73
553.00
553.00

95.00 95.00
160.54

12.27 85.87
258.68
980.00
980.00
240.04
240.04
1,300.00

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 2
Bank code : common
Voucher
199535
Date Vendor
3/17/2026 008041 AVANT GARDE INC.
199536 3/17/2026 005701 BARKSHIRE LASER LEVELING,INC.
199537 3/17/2026 010231 BARRERA, CARLOS
199538 3/17/2026 004458 BELLWOOD AUTO BODY
199539 3/17/2026 011540 BENEFIT CORPORATION CORP.
199540 3/17/2026 008453 BLACK & WHITE EMERGENCY VEH
199541 3/17/2026 010108 BLESSED AUTO INC.
199543
3/17/2026 010954 BMO BANK N.A.

Invoice
(Continued)
12692
12693
12694
6171
FEB2026
BAC31 D02
18438
Po #
Description/Account
05223 PW COMMUNITY OUTREACH ON B
05690 PW - ADMIN & GRANT MANAGEMEI
06653 PW SCAQMD GRANT AWARD ADMI
Total
Amount
165.00
1,230.00
512.00
3,207.00
06680 RCS SPORTS BASEBALUSOFTBAL 8,600.00
Total : 8,600.00
REG PC MTG 2/18
Total :
100.00
100.00
06701 PW REPAIR DENT ON DRIVER SIDE 5,028.60
BASIC LIFE AD&D FEB 2025
Total : 5,028.60
Total :
6127 06705 PD VEHICLE EMERGENCY EQUIPW
6128 06704 PD VEHICLE EMERGENCY EQUIPN
6129 06703 PD VEHICLE EMERGENCY EQUIPN
6130 06702 PD VEHICLE EMER EQUIP AND INS
6142 06713 PD PURCHASE REPLACEMENT DO
Total :
231982
231984
231986
0206-022826
0714-022826
0716-022826
2866-022826
3673-022826
3704
4057-022826
4936-022826
5081-022826

PW SRVC/REPAIR GATOR FDPK VE
PW KUBOTA RTV1130 REP/FDPK VI
PW KUBOTA RTV520 REPAIR FDPK
Total :

RCS EXPENSES FEB 2026
CC EXPENSES FEB2026
CC EXPENSES FEB 2026
06681 RCS 5K FUN RUN EVENT 2026
CC EXPENSES FEB 2026
PW EXPENSES FEB 2026
CC EXPENSES FEB2028
PW EXPENSES FEB 2026
CCL EXPENSES FEB 2025
16,149.87
16,149.87
29,033.20
29,033.20
27,257.81
27,257.81
2,713.43
115,295.45
993.72
929.13
949.29
2,872.14
478.04

20.00 -579.46
1,170.94
1,473.32
656.28
3,075.40
619.19
1453_R9

Voucher List Page:
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
199543 3/17/2026 010954 BMO BANK N.A. (Continued)
5946-022826 FA EXPENSES FEB2026 740.11
6535-022826 CC EXPENSES FEB 2026 3,391.79
6599-022826 CD EXPENSES FEB 2026 393.00
7016-022826 PD EXPENSES FEB 2026 1,361.88
7243-022826 PD EXPENSES FEB 2028 2,645.80
7795-022826 HR EXPENSES FEB 2026 3,604.19
7899-022826 CC EXPENSES FEB 2026 650.00
8770-022826 RCS EXPENSES FEB 2026 1,000.57
9164-022826 RCS EXPENSES FEB 2026 1,835.15
Total : 23,989.89
199544 3/17/2026 005910 BRIGHTVIEW LANDSCAPE SRVCS INC 9684600 06411 PW LANDSCAPE MAINT FEB SERV 6,644.00 Total : 6,644.00
199545 3/17/2026 000313 BRITE WHITE, ELISEO RODRIGUEZ 26129 PD UNIT 276,275,283,258,279 MOUr 310.00 Total : 310.00
199546 3/17/2026 010542 BROWN, CLARK FEB2026 PD TRAING REIM 2/16 -20TH 133.10 Total : 133.10
199547 3/17/2026 008203 C.A.T. SPECIALTIES, INC 42724 06660 PW UNIFORM ORDER FOR CREW 1,701.12 42726 06660 PW UNIFORM ORDER FOR CREW 524.61
42727 06660 PW UNIFORM ORDER FOR CREW 2,204.59
42729 06656 PW EMPLOYEE UNIFORMS 1,807.44
42731 06656 PW EMPLOYEE UNIFORMS 2,164.72
42736 06660 PW UNIFORM ORDER FOR CREW 505.20
42737 06656 PW EMPLOYEE UNIFORMS 385.50
42870 PW UNIFORMS UTIL CREW 426.61
Total : 9,719.79
199548 3/17/2026 008114 CALIFORNIA CLEANING SUPPLIES 603339 PW CUSTODIAL SUPPLIE S 916.95 60340 PW CUSTODIAL SUPPLIES 804.24
60341 PW CUSTODIAL SUPPLIES 397.71
Total : 2,118.90
199549 3/17/2026 009115 CARDINAL PAINT AND POWDER 1260014454 PW AEROSOL TOUCH UP LACQUEI 317.70 Total : 317.70

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher
Date Vendor
199550 3/17/2026 009266 CHARTER COMMUNICATIONS
199551 3/17/2026 009266 CHARTER COMMUNICATIONS
199552 3/17/2026 009266 CHARTER COMMUNICATIONS
199553 3/17/2026 009266 CHARTER COMMUNICATIONS
199554 3/17/2026 009266 CHARTER COMMUNICATIONS
199555 3/17/2026 011571 CHAVEZ-JACOBO, MARIA A.
199556 3/17/2026 009417 CINTAS CORPORATION
199557 3/17/2026 004807 DAPEER,ROSENBLIT & LITVAK
Invoice
127241301030126-0:
188328601031426-0:
188324401031426-0:
188326401031426
188327901031426
1042090002
5321855401
PO #
Description/Account
VOIP SRVCS CH MARCH 12724130.

Total :

IT FORDPK WIFI 3/15-4/14
IT VET PARK WIFI 3/15-4/14
IT YTH CNTR WIFI 3/15-4/14
IT SENIOR CNTR WIFI 3/15-4/14
Total :

RCS BGVP ROSS HALL DEP REFUP
Total :

PW FIRSTAID& MEDICATION KIT
Total :
25398 CD LEGAL MUNI CODE JAN 2026
25399
199558 3/17/2026 010331 DIMEX PROFESSIONAL, ISRAEL HERNAN 1508 1509
1510
1511
1512
1513
199559 3/17/2026 008460 DIV. OF THE STATE ARCHITECT
DSA2025-Q2
DSA2025Q3
DSA2025Q4
PD LEGAL JAN 2026
Total :

RCS FP JANITORIAL SRVCS 2/4-25`
RCS SC JANITORIAL SRVC 2/4-25TI
RCS SR CTR JANITORIAL SRVC 2/4
RCS GC JANITORIAL 2/4 -25TH
RCS CFSC JANITORIAL SRVC 2/4-2
RCS NYC JANITORIAL 2/4 -25TH
Total :

DSA 796-SB 1186 2ND QTR APR-JUI
DSA 796 SB 1186 3RD QTR JULY -SE
DSA 796 SB1186 4TH QTR OCT-DE(
Total :

Amount
1,170.00
1,170.00
1,150.00
1,150.00
1,099.00
1,099.00
319.99
319.99
319.99
319.99
125.00
125.00
989.31
989.31
1,395,05
2,768.50
4,163.55
166.00
300.00
136.00
136.00
288.00
136.00
1,162,00
120.80

98.00 80.80
299.60

Voucher List Page:
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Invoice
199560 3/17/2026 011070 DOLLARDAYS INTERNATIONAL INC. 3074873 199561 3/17/2026 000713 DOWNEY VENDORS 119097
199562 3/17/2026 008128 ECONOLITE SYSTEMS
199563 3/17/2026 011115 ELIAS JR., MARTIN
199564 3/17/2026 000815 FEDEX
199565
3/17/2026 010824 GA NURSERY
199566 3/17/2026 011304 GASTELUM STEEL, INC.
199567 3/17/2026 011523 GLOBAL ALLIANCE ASSOCIATES
199568 3/17/2026 009734 GOLD COAST K9, K-9 SERVICES LLC 199569 3/17/2026 002092 GOLDEN STATE WATER COMPANY
121875
PO#
Description/Account

RCS CFSC EMERGENCY SRVCS
Total :

CD COFFEE SUPPLIE S

CD COFFEE SUPPLIE S
Total :
47030 06448 PW SIGNAL SERVICES ROUTINE M
47032 06448 PW SIGNAL SERVICES EXTRAORD
Total :
022026
919396672
971397255
961316
961317
158.76
5816SHULL#B-3 REI
BGPD233
01627100009-02242E
01744100007-02242E
21145100000-02242E
21744100005-02242E
22744100003-02242E
24412200008-02242E
31145100009-02242E
RCS ALTERNATIVE TRNPRT FEB20.

Total :

FA DELIVERY EXPENSES

FA DELIVERY EXPENSES
Total :

PW PLANTS FOR CH PLANTERS

PW PLANTS FOR CH PLANTERS
Total :

PW DARWELL PK IRON GATE REP
Total :

RCS RENTAL M. VALENCIA MAR202
Total
PD FEB 2026 K9 MAINT TRAINING
Total :

PW GARFIELD AVE. /PK LANE
PW 6458 FLORENCE IRRIG

PW SCOUT/RAMISH
PW 6221 FLORENCE AVE
PW 8327 GARFIELD AVE
PW 800O SCOUT IRRIG
PW 8000 SCOUT IRRIG
Amount
299.02
299.02
113.30
126.50
239.80
5,043.70
5,911.19
10,954.89

18.00 18.00

61.75 7.91

69.66 375.70
618.00
993.70
158.76
158.76
650.00
650.00
500.00
500.00
774.92
691.19
443.34
684.34
539.74
153.99
3,490.32

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 6
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
199569 3/17/2026 002092 GOLDEN STATE WATER COMPANY (Continued) 32916100004-02252E PW 8000 SCOUT IRRIG 3,076.68
49226200001-02242E PW 8000 SCOUT BTHROMS 773.82
49644100007-02242E PW CLARA ST/IN SIDEWK IRRIG 147.10
50744100004-02242E PW NEC AJAC/FLORENC IRRIG 841.49
52151200004-02232E PW 5856 LUDELL ST 567.35
52744100000-02242E PW GARFIELD AVE EASTERN AVE 574.15
56810300006-02232E PW 8341 EASTERN IRRIG 969.92
57319200002-02242E PW GAGE AVE./SPECHT 450.22
59644100006-02242E PW EASTERN S/O LIVE OAK IRRIG 457.11 76132100009-02232E PW 5856 LUDELL ST 227.35
80824200002-02232E PW 8321 JABONERIA RD 787.79
81145100004-02242E PW S/SIDE PK LN @GILLAND 52.62
81916100001-02242E PW 8000 SCOUT IRRIG 6,839.79
Total : 22,543.23
199570 3/17/2026 010258 GREEN PRO SOLUTIONS 27399 PW BIODEGRADABLE DEGREASEF 897.71 28201 PW GRAFFITI REMOVER ST CREW 800.94
Total : 1,698.65
199571 3/17/2026 010366 GRIMCO, INC. 3520651801 06435 RCS WIDE FORMAT PRINTER SUPF 2,017.85 3520651802 06435 RCS WIDE FORMAT PRINTER SUPF 259.42
3520651803 06435 RCS WIDE FORMAT PRINTER SUPF 442.00
Total : 2,719.27
199572 3/17/2026 011573 GUTIERREZ, VERONICA 6818florence#B-1 RCS MQUINONES APRIL 2026 1,300.00 6818FLORENCE#B-: RCS MQUINONES SEC DEPOSIT 3,250.00
Total : 4,550.00
199573 3/17/2026 011573 GUTIERREZ, VERONICA 6820FLORENCE#A-' RCS HGONZALEZ APRIL 2026 1,200.00 6820FLORENCE#A-: RCS HGONZALEZ SEC DEPOSIT 3,000.00
Total : 4,200.00
199574 3/17/2026 010202 HEREDIA, DAVID E. 03032026 PW TRAFFIC/SAFETY COMM MTG : 100.00 Total : 100.00
199575 3/17/2026 001025 HOME DEPOT 003621/4534925 PW FACILITY SUPPLIE S 636.50 003639/4534924 PW PARKS SUPPLIE S 205.22
004108/3555226 PW FACILITIES SUPPLIES 92/1

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 7
Bank code : common
Voucher
199575
Date Vendor
3/17/2026 001025 HOME DEPOT
199576 3/17/2026 009818 IBE DIGITAL
199577 3/17/2026 011542 IBE DIGITAL
199578 3/17/2026 007466 INTER -GRAPHICS COMPANY
Invoice
(Continued)
025744/0010819
41465591
490418
INV0000550
199579 3/17/2026 009373 INTERNATIONAL, THE COUNSELING TEAL inv108753 199580
3/17/2026 008569 JCL TRAFFIC
199581 3/17/2026 006145 LAN WAN ENTERPRISE, INC.
199582 3/17/2026 011572 LEO COMMAND BOARDS, LLC
199583 3/17/2026 008684 LGP EQUIPMENT RENTALS INC
199584 3/17/2026 001695 LIBERTY UTILITIES CORP
PO #
Description/Account

PW SM TOOLS UTIL CREW
Total:
06413 FA LEASE AND MAINT 2/28-3/30
Total :

PD COPIER USAGE FEE 2/15-3/14
Total :

Amount
862.41
1,796.84
2,943.96
2,943.96
487.48
487.48
06481 RCS PRINTING BELL GARDENS TO 9,877.00
Total : 9,877.00

PD PSYCHOLOGICAL ASSESSMNT
Total :
325.00
325.00
133146 PD TRAFFIC CONES 40 883.12
133148 PW TEMP CARDBOARD NO PARKII` 546.98
Total : 1,430.10
77077 06462 PD MAINTSRVC 2/23 -26TH FY25-26 4,800.00
77108 PD NETWORK INFRAST WARRAN : 4,345.00
77136 06462 PD MAINT SRVCS 3/2-3/5 4,800.00
77138 06462 PD- MAINT SRVCS 3/9-12 FY25-26 4,800.00
Total : 18,745.00
1102 PD PATROL SERGEANT BOARD
1103 PD PATROL SERGEANT BOARD STI
Total :
1426121
200006892067-0217:
200006892109-0225:
200006892141-0217:

PW PROPANE FOR TORCH ST CRE
Total :

PW 6400 GAGE AVE.

PW 6902 HANNON ST

PW IRRIG SCOUT/SUVA
Total :
706.10
816.60
1,522.70

16.04 16.04
552.44
333.20
681.80
1,567.44
PW SP TRAFFIC/SAFETY COMM Ml 100.00
199585 3/17/2026 011338 LOPEZ BUSTILLOS, EDGAR JUVENAL 03032026

Voucher List
03/1912026 9:24:41AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 8
Invoice PO # Description/Account Amount
199585 3/17/2026 011338 011338 LOPEZ BUSTILLOS, EDGAR (Continued) Total : 100.00 199586 3/17/2026 003249 LUBRANI, SAMANTHA L. CD26001 PLANNING COMM MTG 2/18/26 225.00 Total : 225.00
199587 3/17/2026 010560 MACBANGER MUSIC PUBLISHING INV0172 RCS SPRING FESTIVAL DJ 999.00 Total: 999.00
199588 3/17/2026 010855 MARTIN MARIETTA MATERIALS, INC 48619038 PW CONCRETE/ASPHALT DUMP FE 160.00 Total: 160.00
199589 3/17/2026 011445 MARTINEZ, ELVA 030226 RCS MINDFULNESS CLASS INSTR 160.00 Total : 160.00
199590 3/17/2026 010554 MEDICO HEALTHCARE LINEN SRVCS. 21400700 PD JAIL UNIFORMS/LINEN CLEANIP 64.11 Total: 64.11
199591 3/17/2026 011474 MELENDEZ, JOE 817 06707 RCS AQUATIC CENTER HOODED J1 1,285.79 Total : 1,285.79
199592 3/17/2026 010283 MENDOZA, GUSTAVO MARCH2026 PD TRAINING 2/9 -13TH 309.48 Total: 309.48
199593 3/17/2026 010981 MENDOZA'S LAWNMOWER SHOP, M. MEI 4948 PW TRIMER LINE FOR HEDGE TRIP 50.83 Total : 50.83
199594 3/17/2026 008284 MGT OF AMERICA INC 67383 06635 FA STATE MANDATED CLAIMS SER 3,050.00 Total : 3,050.00
199595 3/17/2026 011354 MNS ENGINEERS, INC. 91924 06312 CD ECONOMIC DEVELOPMENT MA 2,653.00 Total : 2,653.00
199596 3/17/2026 011292 MONROY, YORGELYS FEB2026 REG PC MTG 2/18 100.00 Total : 100.00
199597 3/17/2026 011570 MONTANEZ, ALEJANDRA 1041145002 RCS BGVP ROSS HALL DEP REFUP 400.00 Total : 400.00
199598 3/17/2026 010474 MUNIZ, EFRAIN 030526 06708 RCS 2026 YTH BSKTBAL 2/23-27 770.00

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 9
Bank code : common
Voucher
Date Vendor
199598 3/17/2026 010474 MUNIZ, EFRAIN
Invoice
(Continued)
030526B
199599 3/17/2026 001576 NATIONWIDE ENVIRONMENTAL SRVCS 35408 199600 3/17/2026 010723 NIXON LOGISTICS INC.
199601 3/17/2026 010561 NWESTCO,LLC
PO #
Description/Account
06708 RCS 2026 YTH BSKTBAL 3/2 -6TH
Total :
06409 PW STREET SWEEPING MARCH
Total :

Q20260220-115333 06709
INV588792
199602 3/17/2026 002293 OF SO. CALIF., UNDERGRND SRVC ALER 220260078 199603 3/17/2026 007608 OREILLY AUTO PARTS
199604 3/17/2026 001697 PARKHOUSE TIRE, INC.
3849-480789
3849-487983
3849489654
3849490898
1011074889
199605 3/17/2026 007292 PARKING CO. OF AMERICA, PCAM,LLC inv00005952a 199606 3/17/2026 009661 PEEK, RANDAL
199607 3/17/2026 008625 PEREZ, ESTEBAN
199608 3/17/2026 011293 PEREZ, SAMUEL
199609 3/17/2026 007836 PITNEY BOWES INC.

MAR2026
213
03032026
3107700771
PW STUDENT JORGE HERNANDE2
Total :

PW DO INSPECTION FEB2026
Total :

PW UNDERGRND SRVC TICKETS F
Total :

PW BATTERY UTIL CREW VEH

PW SEAT COVER FOR VEHICLE

PW JUMPER CABLES FOR ST CRE'

PW MOTOR OIL FOR VEHICLE
Total:

PW TIRES DISPOSAL

RCS CK ADDL BUS AQ
PD TRNG MILEAGE 4/7 -10TH

PD DUI DETAIL REIM
Total :

Total :

PW SP TRAFFIC/SAFETY COMM Ml
Total :

Amount
770.00
1,540.00
19,129.46
19,129.46
2,100.00
2,100.00
480.00
480.00

78.80 78.80
143.63
104.95

66.28 49.66
364.52
253.00
253.00
570.00
570.00
320.40
320.40

72.86 72.86
100.00
100.00
06499 FA METER LEASE DEC-MAR2026 1,330.63

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 10
Bank code : common
Voucher
199609
199610
199611
199612
199613
199614
199615
199616
199617
199618
Date Vendor
3/17/2026 007836 007836 PITNEY BOWES INC.

Invoice
(Continued)
PO #
Description/Account
Total :

Amount
1,330.63
3/17/2026 FEB2026 REG PC MTG 2/18 100.00
Total : 100.00
3/17/2026 6601 RCS SUPPER PRGM FLYERS 187.85
Total : 187.85
3/17/2026 234241 PW LANDSCAPE SUPPLIES CNTR I 987.75
Total: 987.75
3/17/2026 006189 PROFORCE LAW ENFORCEMENT 595551 06710 PD PURCHASE OF TASERS ACCES 3,173.35 Total : 3,173.35
3/17/2026 001791 QUICK CRETE PRODUCTS CORP INV150 06638 PW QRPL28 ROTC CAST30 GALLO 1,455.13 Total : 1,455.13
3/17/2026 004643 RESOURCE BUILDING MATERIALS 4160585 PW SAND/SANDBLAST GRAFFITI C 598.74 4162165 RCS FIELD MAINT SUPPLIE S 957.38
Total : 1,556.12
3/17/2026 010550 RETURN TO WORK PARNERS INC. 29857 PROF SRVCS RENDERED 2/11-26T 1,340.00 Total : 1,340.00
3/17/2026 001885 ROADLINE PRODUCTS,INC 22466 PW RED CURB PAINT ST CREW 953.20 22529 PW MAINT ON TRUCK T171 842.59
22543 PW MAINT ON TRUCK T171 687.45
22551 PW MAINT ON TRUCK PUMPS T171 903.50
Total : 3,386.74
3/17/2026 005465 RPW SERVICES INC. 49179 PW INSPEC/TREAT GOPHERS GC 485.00 011288 PRECIADO, KENNETH
009834 PRINT AGENT
005642 PRO GROWERS, INC.
199619 3/17/2026 007642 SKYLINE SAFETY & SUPPLY, PATRICIA SC 10025 10026
10028
199620 3/17/2026 011408 SLA
Total : 485.00
PW SWEATSHIRTS FOR PT STAFF 932.91
PW SWEATSHIRTS FOR PT STAFF 448.83
PW SAFETY VEST FOR PARKS CRE 533.80
Total : 1,915.54
7424 06416 PW LANDSCAPE MAINT FEB SERb 10,900.00

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Page: 11
Bank code : common
Voucher
199620
199621
199622
Date Vendor
3/17/2026 011408 011408 SLA
3/17/2026 002063 SMART & FINAL
3/17/2026 002088 SOCALGAS
199623 3/17/2026 002087 SOUTHERN CALIFORNIA EDISON
199624 3/17/2026 010271 STAR CAR WASH & DETAIL
199625 3/17/2026 011156 STERLING ADMINISTRATION
199626 3/17/2026 002169 SUPER A FOODS
199627 3/17/2026 010538 TCM
Invoice PO #
(Continued)
178222
225977
235
323266
339211
377899
39 427033
880800
902544
03560611000-03022E
09650638001-03022E
11300697007-02262E
12170673003-03032E
12560664536-02262E
13010672007-03032(
13199745459-02262E
60001511489-03032E
700076461609-0304:
020326
022026
918489
Description/Account
Total:

RCS VP BIRTHDAY SNACKS 3/6
RCS STAR BG 5K 3/5

PW PUBLIC WORKS SUPPLIES
RCS ASP BGVP COOKING WK 1
RCS LOTERIA SNACKS 3/6
RCS 5K EVENT SUPPLIE S

PW PUBLIC WORKS SUPPLIE S
RCS CLARA BIRTHDAYS 3/6
RCS WOMENS DAY FLOWERS 3/5
RCS WOMENS DAY SUPPLIES 3/5
Total :

PW 8327 GARFIELD AVE.

PW 5856 LUDELL ST
PW 8100 PARK LANE
PW 6662 LOVELAND ST
PW 8000 PARK LANE
PW 7100 GARFIELD AVE.

PW 7950 SCOUT AVE.

PW VARIOUS LOCATIONS

PW VARIOUS LOCATIONS
Total :

Total :

PW VEH SENIOR BUS D7

RCS VEH CAR WASH FEB
Total:

FSA PLAN FSAADMING FEE JAN
Total :
4847 RCS ASP SNACKS SPRING
5672 RCS ASP MARLOW WINTER SN
Total :
1666 06697 PW TREAT FORD PARK POND FOR
Amount
10,900.00

75.80 80.30

46.04 120.85

73.03 388.78
151.56

80.32 42.77

49.54 1,108.99
128.24

20.48 150.66
196.68

76.87 388.10
13,743.12
14,704.15
1,968.60
1,326.44
3,295.04

60.00 60.00
120.00

55.00 55.00

53.91 134.70
188.61
1,900.00

Voucher List
03/19/2026 9:24:41AM CITY OF BELL GARDENS
Bank code : common
Voucher
199627
Date Vendor
3/17/2026 010538 TCM
199628 3/17/2026 009230 TERRA REALTYADVISORS, INC
199629 3/17/2026 010806 THE LIFEGUARD STORE
199630 3/17/2026 010804 TLC LUXURY TRANSPORTATION
199631 3/17/2026 006443 TOTAL EXTERMINATING INC.
199632 3/17/2026 011535 TRUJILLO, PEDRO
199633 3/17/2026 006130 VERIZON WIRELESS
199634 3/17/2026 006130 VERIZON WIRELESS
199635 3/17/2026 010641 VESTIS SERVICES, LLC
199636 3/17/2026 011490 VIDO SAMARZICH, INC.

Invoice
(Continued)
1667
1668
PO #
Description/Account
PW POND CLEAR 25LB PAIL FDPK
PW MUCKAWAY 25LBS FDPK
Total:
202602291 06521 CD CONSUL SRVCS: BILLBOARD C
Total:

INV001576777 RCS ACTIVITY POOL MEASUREMN'
Total :
244717 RCS STAR EXCURSION 3/21
Total:
122633 PW MNTHLY SRVC AT CH/PD MARC
122634 PW MNTHLY SRVC CH/PD MARCH;
122635 PW MNTHLY SRVC AT FDPK MARCI
122636 PW MNTHLY SRVC WATER WELL Iv
122637 PW MNTHLY SRVC MARCH
122638 PW MNTHLY SRVC AT SIERRA BLD'
122640 PW MNTHLY SRVC NYC MARCH 20
122693 PW MNTHLY SRVC BGVP MARCH2I
Total :
03032026 PW SP TRAFFIC/SAFETY MTG 3/4
Total :
6136807688 PW MNTHLY SRVC FEES 1/24-2/23
Total:
6136414368 CD CELL SRVC 12-20/1/19
2570458939 RCS AQUATICS JANITORIAL SRVC;
Total :
1 PAYMENT 1# 06567 PW CONST- ATP CYCLE 5 PHASE 1
Total :

Total :

Page: 12
Amount
573.74
573.74
3,047.48
758.33
758.33
159.61
159.61
999.00
999.00
170.00
195.00
100.00

70.00 50.00

60.00 98.00
125.00
868.00
100.00
100.00
1,490.93
1,490.93
254.05
254.05
100.81
100.81
2,737,678.01
2,737,678.01

03/19/2026 9:24:41A
Voucher List
CI F ELL ' !r E S
Page: 13
Bank code : common
Voucher Date Vendor
199637 3/17/2026 005583 WEST COAST ARBORISTS INC. 240493 06644 PW CI IDE TREE MAINT SERVI 12,610.00 Total : 12,610.00
Invoice
PO # Description/Account
Amount
199638 3/17/2026 009690 WEX BANK 111131597 FUEL EXP 2/7-3/6 34,102.49 Total: ,102.49
199639 3/17/2026 011529 WORKDAY, INC. WD418 5 WORKDAY ENTERPRISE CLOUD Al 66,602.00 WD418590 TRN ORDER 533853 PAYMNT 1 OF : 51,312.00
Total : 117,914.00
199640 3/17/2026 009492 XPRESS WASH INC 21100 06440 PD CAR WASH SERVICE FOR FEB 2,232.00 Total : 2,232.00
116 Vouchers for bank code : common
116 Vouchers in this report
Bank total : 3,757,824.36
Total vouchers : 3,757,824.36

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Consideration of a Resolution Approving a Second Amendment to Contract Services Agreement with Econolite Systems, Inc. for Traffic Signal Maintenance and Repair Services
DATE: April 13, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Second Amendment to the Contract Services Agreement with Econolite Systems, Inc.

BACKGROUND / DISCUSSION:

On May 1, 2021, the City of Bell Gardens ("City") entered into a Contract Services Agreement ("Agreement") with Econolite Systems, Inc. ("Econolite") for traffic signal maintenance and repair services. The scope of services under the Agreement includes the maintenance of the City's 38 traffic signals and flashing beacons to minimize disruption to vehicular traffic from signal malfunctions; ensure well -maintained equipment; and improve traffic safety throughout the City. The term of the Agreement was for three years, through April 30, 2024, with an option to extend for up to two additional one-year terms.

On April 16, 2024, the Agreement was amended by way of a Side Letter to exercise the right to extend the term through April 30, 2025; and on April 30, 2025, the Agreement was amended by way of a Side Letter to exercise the right to extend the term through April 30, 2026. On June 18, 2025, the City executed a First Amendment to the Agreement with Econolite to approve a 3% CPI adjustment. On March 19, 2026, the City received a letter from Econolite proposing a two -month extension through June 30, 2026, under the same terms and conditions of the Agreement. Econolite has performed its services satisfactorily to date.

Public Works is currently working to release a Request for Proposals ("RFP") for the maintenance and operation of traffic signals, including the new H.A.W.K. signal that will be installed as part of ATP Cycle 5 Improvements. It is anticipated that an agreement award recommendation will be presented to the City Council for consideration in June 2026. The new agreement will have an effective date of July 1, 2026, to align with the fiscal year and ensure adequate budget allocation. Therefore, staff recommends the approval of a Second

Amendment to the Agreement, as this will allow for the completion of a competitive RFP solicitation.

CONCLUSION:

Approval of the Second Amendment will extend the term of the Agreement through June 30, 2026, to allow the City to undergo a competitive RFP solicitation process.

FISCAL IMPACT:

Staff further recommends increasing the compensation by $3,457.50 for a new annual not -to - exceed of $65,000 to allow for services through the extension of the Agreement. Funding for the traffic maintenance services is available in the FY 2025/26 budget.

ELECTRONICALLY APPROVED BY:

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

RESOLUTION NO. 2026-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO

THE CONTRACT SERVICES AGREEMENT WITH ECONOLITE
SYSTEMS, INC. FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR

SERVICES
WHEREAS, on May 1, 2021, the City of Bell Gardens ("City") and Econolite Systems, Inc. ("Econolite") executed and entered into a Contract Services Agreement for traffic signal maintenance and repair services (hereinafter "Master Agreement"); and WHEREAS, on April 16, 2024, the Master Agreement was amended by way of a Side Letter to exercise the right to extend the term through April 30, 2025; and WHEREAS, on April 30, 2025, the Agreement was again amended by way of a Side Letter to exercise the right to extend the term through April 30, 2026; and WHEREAS, on June 18, 2025, the City and Econolite executed a First Amendment to the Master Agreement to increase the compensation; and WHEREAS, the City received a letter from Econolite dated March 19, 2026, to extend the term through June 30, 2026, under the same terms and conditions; and WHEREAS, to allow sufficient time for the completion of the competitive Request for Proposals ("RFP") process, it is necessary to extend the term of the Master Agreement for an additional two months through June 30, 2026; and WHEREAS, the City now desires to enter into a Second Amendment to the Master Agreement with Econolite Systems, Inc. to amend the compensation and extend the term to allow the City to complete the RFP process.

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

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

SECTION 3. The City Council further authorizes and directs the City Manager to execute the Second Amendment to the Master Agreement with Econolite Systems, Inc.

Resolution No. 2026-36
on the City's behalf, along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to implement and effectuate the intent of the City Council as set forth in this Resolution.

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

PASSED, APPROVED, and ADOPTED this 13th day of April, 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk

Resolution No. 2026-36
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on April 13, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3

2026

SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Traffic Signal Maintenance and Repair Services) (Contractor: Econolite Systems, Inc.)
THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Contract Services Agreement" and dated May 1, 2021 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of , 2026 (hereinafter, "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and ECONOLITE SYSTEMS, INC. (hereinafter, "CONTRACTOR"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONTRACTOR. The capitalized term "Party" may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

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

WHEREAS, on May 1, 2021, the Parties executed and entered into the Contract Services Agreement for traffic signal maintenance and repair services by the CONTRACTOR in the CITY; and
WHEREAS, under terms of the Master Agreement, CITY had the option to extend the Agreement for a maximum of two (2) one-year terms; and WHEREAS, pursuant to the terms of the Master Agreement, on April 16, 2024, the Parties availed themselves of the first optional one (1) year extension by way of a Side Letter (hereinafter, "Side Letter No. 1"); and
WHEREAS, pursuant to the terms of the Master Agreement, on April 30, 2025, the Parties availed themselves of the second optional one (1) year extension by way of a Side Letter (hereinafter, "Side Letter No. 2"); and
WHEREAS, on June 18, 2025, the Parties entered into a first amendment (hereinafter, "First Amendment") for purposes of increasing the Compensation; and WHEREAS, for purposes of this Second Amendment, the Master Agreement, as amended by way of the First Amendment, Side Letter No. 2 and Side Letter No. 1, may be referred to collectively as the "Master Agreement". The Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Master Agreement is set to expire on April 30, 2026; and WHEREAS, the CITY wishes to modify the Master Agreement to extend the Term of the Master Agreement to allow the City to undergo a rigorous Request for Proposals process; and

WHEREAS, CONTRACTOR has agreed to an extension through June 30, 2026, as stated in its March 19, 2026 correspondence entitled, "Contract Extension" which is attached and incorporated hereto as Exhibit "B" (hereinafter, "March 2026 Extension Letter") to allow CITY to undergo the Request for Proposals process; and WHEREAS, under the terms of the Master Agreement, the CITY agreed to pay CONTRACTOR an annual not -to -exceed sum of Sixty -One Thousand Five Hundred Forty -Two Dollars and Fifty Cents ($61,542.50); and
WHEREAS, the Parties now wish to increase the Annual Not -to -Exceed Sum to allow the services to continue through June 30, 2026.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 1a. (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through June 30, 2026.

SECTION 2. Section 4b. (COMPENSATION) of the Master Agreement is hereby amended to increase the Annual Not -to -Exceed Sum of SIXTY-ONE THOUSAND FIVE HUNDRED FORTY-TWO DOLLARS AND FIFTY CENTS ($61,542.50) by THREE

THOUSAND FOUR HUNDRED FIFTY-SEVEN DOLLARS AND FIFTY CENTS ($3,457.50) for a new total Annual Not -to Exceed Sum of SIXTY-FIVE THOUSAND DOLLARS ($65,000) to allow for services through June 30, 2026.

SECTION 3. Except as otherwise set forth in this Second Amendment, the First Amendment, Side Letter No. 2, Side Letter No. 1 and Master Agreement shall remain binding, controlling, and in full force and effect. Section 24 of the Master Agreement notwithstanding, this Second Amendment, together with the First Amendment, Side Letter No. 2, Side Letter No. 1 and Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this Second Amendment, the First Amendment, Side Letter No. 2, Side Letter No. 1 and the Master Agreement, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the First Amendment, Side Letter No. 2, Side Letter No. 1 and Master Agreement, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the First Amendment, Side Letter No. 2, Side Letter No. 1 and Master Agreement, and no further.
(SIGNATURES ON NEXT PAGE)
2 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY: CONTRACTOR:

CITY OF BELL GARDENS ECONOLITE SYSTEMS, INC.

By: By:

Michael B. O'Kelly, City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Name:

Title: _
Date:
3 EXHIBIT "A"

MASTER AGREEMENT
4 2025

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Traffic Signal Maintenance and Repair Services) (Contractor: Econolite Systems, Inc.)
THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Contract Services Agreement" and dated May 1, 2021 (her -f, after, the "Master Agreement"), is hereby made and entered into this of , 2025 (hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and ECONOLITE SYSTEMS, INC. (hereinafter, "CONTRACTOR"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONTRACTOR. The capitalized term "Party" may refer to either CITY or CONTRACTOR interchangeably, as appropriate.

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

WHEREAS, on May 1, 2021, the Parties executed and entered into the Contract Services Agreement for traffic signal maintenance and repair services by the CONTRACTOR in the CITY; and
WHEREAS, under terms of the Master Agreement, CITY had the option to extend the Agreement for a maximum of two (2) one-year terms; and WHEREAS, pursuant to the terms of the Master Agreement, on April 16, 2024, the Parties availed themselves of the first optional one (1) year extension (hereinafter, "First Extension"); and
WHEREAS, pursuant to the terms of the Master Agreement, on April 30, 2025, the Parties availed themselves of the second optional one (1) year extension (hereinafter, "Second Extension"); and
WHEREAS, for purposes of this First Amendment, the Master Agreement as amended by way of the First Extension Letter and Second Extension Letter, may be referred to collectively as the "Master Agreement". The Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, under the terms of the Master Agreement, the CITY agreed to pay CONTRACTOR a an annual not -to -exceed sum of FIFTY-NINE THOUSAND SEVEN HUNDERED FIFTY DOLLARS ($59,750) (hereinafter, "Annual Not -to -Exceed Sum"); and
WHEREAS, a on April 30, 2025, CONTRACTOR requested a CPI increase of three percent (3%), effective as of May 1, 2025, and would remain in place for the remainder of the Term (hereinafter, "2025 CPI Request Letter"); and WHEREAS, the 2025 CPI Request Letter is attached and incorporated hereto as 1 Exhibit "B"; and
WHEREAS, the Parties now wish to increase the Annual Not -to -Exceed Sum by

ONE THOUSAND SEVEN HUNDRED NINETY-TWO DOLLARS AND FIFTY CENTS ($1,792.50) for a new total Annual Not -to -Exceed Sum of SIXTY-ONE THOUSAND FIVE HUNDRED FORTY-TWO DOLLARS AND FIFTY CENTS ($61,542.50).

SECTION 1. Section 4b. (COMPENSATION) of the Master Agreement is hereby amended to increase the Annual Not -to -Exceed Sum of FIFTY-NINE THOUSAND SEVEN HUNDERED FIFTY DOLLARS ($59,75 by ONE THOUSAND SEVEN HUNDRED NINETY-TWO DOLLARS AND FIFTY CENTS ($1,792.50) for a new total Annual Not -to Exceed Sum of SIXTY-ONE THOU AND FIVE HUNDRED FORTY-TWO DOLLARS AND FIFTY CENTS ($61,542.50) which shall be effective as of May 1, 2025 and shall continue through the remainder of the Term.

SECTION 2. Except as otherwise set forth min thig irst Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 24 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement, all provisions contained therein shall remain binding and enforceable.

In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the First Extension and Master Agreement, and no further.
(SIGNATURES ON NEXT PAGE)
2 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF BELL GARDENS
Michael B. O'Kelly, City Ma ger
APPROVED AS TO FOR .

Stephanie Vasquez, City Attorney
CONT ' CTOR:

ECONOLITE SYSTE S, INC.

By:

Name: _
Title:

Date: 57 i
'if?640_5
3 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY: CONT.' CTOR:

CITY OF BELL GARDENS ECONOLITE SYSTEMS, INC.

By..

Michael B. O'KeIIy, City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Name:

Title:
al VP.

Date: '
3 EXHIBIT "A"

MASTER AGREEMENT
4 April 30, 2025
Econolite Systems Inc.

Attn: Christopher J. Hanson, Associate Vice President
1250 N. Tustin Avenue
Anaheim, CA 92807
Re: One -Year Extension of Agreement with Econolite Systems, Inc.

Dear Mr. Hanson:

This City of Bell Gardens ("City") and Econolite Systems Inc. ("Contractor") entered into an Agreement for Traffic Signal Maintenance & Repair Services on May 1, 2021. The term of the Agreement was for three years from May 1, 2021, through April 30, 2024, with an option to extend for up to two (2) additional one (1) year terms under Section la of the Agreement. The City exercised the option to extend the term of the Agreement for one year from May 1, 2024, to April 30, 2025.

The City now desire to extend the term of the Agreement for one (1) additional year for the period commencing May 1, 2025, and ending April 30, 2026 ("Extension Term").

All remaining terms of the Agreement will remain in full force and effect.

If you have any questions regarding this letter, please feel free to contact Bernardo Iniguez, Director of Public Works/Facilities at (562) 334-1790 or biniquezdrta llc�r # n Sincerely,
Michael B. O'Kelly
City Manager

:r IOU S. (Garfield Avenue, Bell Gardens,
• (562) 806-7650 • www.be115urdens.org
April 16, 2024
Econolite Systems Inc.

Attn: Christopher J. Hanson, Associate Vice President
1250 N. Tustin Avenue
Anaheim, CA 92807
Re: One -Year Extension of Agreement with Econolite Systems, Inc Dear Mr. Hanson:

This Letter confirms the mutual agreement between the City of Bell Gardens ("City") and Econolite Systems Inc. ("Contractor") (collectively the "Parties") to extend the existing agreement between the Parties for Traffic Signal Maintenance & Repair Services. The term of the existing Agreement is for three (3) years, beginning May 1, 2021, with an option to extend for up to two (2) additional one (1) year terms under Section la of the Agreement.

Accordingly, the City and Contractor now desire to extend the term of the Agreement for one (1) year for the period commencing May 1,.2024, through April 30, 2025.

The Parties agree that all remaining terms of the Agreement shall remain in full force.

If you have any questions regarding this letter, please feel free to contact Bernardo Iniguez, Director of Public Works/Facilities at (562) 334-1790 or i fly rjens,qrsi.

Sincerely,
Michael B. O'Kelly
City Manager

2021

CONTRACT SERVICES AGREEMENT
(Contractor: Econolite Systems, Inc.)
(Nature of Engagement: City of Bell Gardens Traffic Signal Maintenance & Repair Services)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered. into this 1st day of Mav, 2021 (hereinafter, the "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and ECONOLITE SYSTEMS, INC. (hereinafter, "Contractor"). For the purposes of this Agreement, City and Contractor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party' may refer to City or Contractor interchangeably.

RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services nece ry to achieve its purpose; and WHEREAS, City desires to engage the services of a company to perform Traffic Signal Maintenance and Repair Services for the City; and WHEREAS, City staff has determined that Contractor possesses the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Age emen
Gardens Council at its Regular Meeting of / f
wE s1 appr• 2 veJ by the City of Bell
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

Section 1. Term.
a. This Agreement shall commence on the Effective Date and shall have a Term of three (3) years. This Agreement may be extended by City subject to its same terms and conditions for two (2) additional extension terms of one (1) year, provided City issues written notice of its intent to extend the Temi of the Agreement prior to the expiration of the initial Term.
b. Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 5 of this Agreement.

Section 2. Scope of Work.

a. Subject to the terms and conditions of this Agreement, Contractor agrees to provide the tasks that are set forth in that certain request for proposal of the City entitled "Request for Proposal for Traffic Signal Maintenance and Repair Services" issued on January 28, 2021 (the "City RFP") which attached and incorporated hereto as Exhibit "A"; and
b. That certain written proposal entitled "Request for Proposal for Traffic Signal Maintenance and Repair Services for City of Bell Gardens" dated March 4, 2021 (Contractor Proposal") which is attached and incorporated hereto as Exhibit "B". c. For purposes of this Agreement, the capitalized term "Scope of Work" shall be a collective reference to City RFP and Contractor Proposal. In the event of any conflict or inconsistency between the provisions of the City RFP and Contractor Proposal, the City RFP shall govern and control but only to the extent of the conflict or inconsistency and no further.
d. Contractor also agrees to fumish City with all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For purposes of this Agreement, the capitalized term "Work" shall be a collective reference to all of the various services and tasks described under the Scope of Work.
e. By executing this Agreement, Contractor warrants that Contractor: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

Contractor warrants that Contractor has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by City in the manner described under Section 3, below. Should the Contractor discover any latent or unknown conditions which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed, except at Contractor's risk until written instructions are received from the City Representative as defined herein.
f. In the event Contractor ceases . to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, Contractor shall deliver . to City immediately and without delay, all materials, records and other work product prepared or obtained by Contractor in the performance of this Agreement.

Furthermore, Contractor shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or

abandonment, less a deduction for any damages, costs or additional expenses which City 'may incur as a result of Contractor's cessation or abandonment.

Section 3. Prosecution of Work.
a. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of City's issuance of a written notice to proceed ("Notice to Proceed"). b. Contractor shall cooperate with City and in no manner interfere with the work of City, its employees or other consultants, contractors or agents. c. Contractor shall not perform any additional services or tasks beyond those expressly identified in the Scope Work without prior authorization from City in the form of a written work order(s) issued by the City Representative (each 'such written request hereinafter referred to as a "Work Order"). Each Work Order shall Include the following information:

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

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

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

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

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

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

Section 4. Compensation.
a. Contractor shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates provided in Contractor's Proposal Schedule, which is attached and incorporated to the Contractor Proposal. b. Section 2(a) notwithstanding, Contractor shall perform all of the various services and tasks that comprise the Work for an annual sum of FIFTY-NINE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($59,750) (hereinafter, the "Annual Not -to - Exceed Sum"). Contractor further agrees that the Annual Not -to -Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. As specified under subsection (d) of this Section, below, the Annual Not -to -Exceed sum shall be paid to Contractor in increments as the Work is completed.
c. In the event Contractor's charges are projected to exceed the Annual Not-to-

Exceed Sum prior to the completion of all of the Work, City may suspend Contractor's performance pending City approval of any anticipated expenditures in excess of the Annual Not -to -Exceed Sum or any other City -approved amendment to the compensation terms of this Agreement.
d. Following the conclusion of each calendar month, Contractor shall submit to City an itemized invoice indicating the services and tasks performed during the recently concluded calendar month. If any subtotal of charges set forth in the invoice is a function of hours worked by Contractor's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the job title/classification of the person(s) performing the services or tasks, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed within the subtotal. Within thirty (30) calendar days of receipt of each invoice, City shall notify Contractor in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor.

Section 5. Standard of Care. Contractor represents, acknowledges and agrees as follows:
a. Contractor shall perform all Work skillfully, competently and to the highest standards applicable to the Contractor's field;
b. Contractor shall construct and complete the Work in a good, workmanlike and prompt manner reasonably acceptable to City and shall furnish all labor and materials necessary to accomplish the same;
c. Contractor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Govemment Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
d. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; e. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
f. All of Contractor's employees and agents (including but not limited to Contractor's

subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Contractor shall perform, at Contractor's own cost and expense and without any reimbursement from City, any services or tasks necessary to correct any errors or omissions caused by Contractor's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Contractor's employees, agents, subcontractors and subconsultants. Such effort by Contractor to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that Contractor's acceptance of any work performed by Contractor or on Contractor's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Contractor, including but not limited to the representation that Contractor possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.
a. City Representative. For the purposes of this Agreement, the City's representative shall be the Director of Public Works (hereinafter, the "City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions which must be made by City to the City Representative. b. Contractor Representative. For the purposes of this Agreement, Contractor hereby designates Christopher J. Hanson, Operations Manager, as its representative authorized to act on its behalf with respect to Contractor's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to Contractor.

Section 7. Contractor's Personnel
a. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for

Contractor to competently and timely complete any tasks and services requested by way of City -issued Work Order. All work, services and tasks will be performed under Contractor's supervision, and Contractor's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement, including subcontractors and their personnel, shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks on behalf of Contractor.
b. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder. c. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
d. If, at any time during the term of this Agreement, City requests the removal of any person(s) or subcontractor(s) assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving notice from City of such request.
e. Contractor shall be responsible for payment of all wages and benefits owed to Contractor's employees and the payment of subcontractors engaged by Contractor in the performance of this Agreement. Contractor shall also comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
f. Contractor shall obtain and maintain during the Term of the Agreement all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Warranty.
a. Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall: (i) meet all conditions of the Agreement; and (ii) shall be free from all defects in design, materials and workmanship for a period of one (1) year after completion of the Work and acceptance by City. If any defects are discovered within twelve (12) months following acceptance by City, Contractor shall be solely responsible for the correction of those defects and

Contractor's sole cost and expense. The warranty set forth under this subsection (a) of Section 7 shall be in addition to any warranties for materials used, equipment installed, and improvements constructed by Contractor in the performance of this Agreement.
b. Contractor shall transfer to City all of Contractor's rights to and interest to any and all manufacturers' warranties or guarantees for any materials, equipment or fixtures installed by Contractor in the performance of this Agreement. Where applicable, City shall be named as the owner -beneficiary in any such warranties or guarantees. Contractor shall deliver to City all the written material comprising the manufacturers' warranties or guarantees. Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City starts using the equipment or fixtures. All manufacturers' warranties or guarantees shall be in addition to the Contractor's warranty set forth under subsection (a) of this Section, above or subsection (c) of this Section, below.
c. In addition to all manufacturers' warranties and ail other warranties implied by law, Contractor warrants that all materials used, equipment installed, and improvements constructed in the performance of this Agreement shall conform to the Scope of Work and any additional plans, drawings or specifications incorporated into this Agreement.

Section 9. Surety Bond.

A. Performance Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not -to -Exceed Sum. The Performance Bond shall be in a form approved by City. No payment shall be made to Contractor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.

B. Labor and Materials Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not -to -Exceed Sum. The Labor and Materials Bond shall be in a form approved by City. No payment shall be made to Contractor until the Labor and Materials Bond has been received and approved by the City.

Section 10. Prevailing Wages and General Labor Compliance and Reporting. a. Contractor and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor

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

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Contractor and any subcontractor under Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. Contractor shall post a copy of said prevailing rate of per diem wages at each job site. b. As required by Section 1773.1 of the California Labor Code, Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section. c. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments. d. Contractor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to City, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Contractor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. Contractor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Contractor and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated

by this reference as though fully set forth herein.
e. Contractor and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. Contractor is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law. f. Contractor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving Contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which. is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with Contractor.

Pursuant to Califomia Labor Code Section 1777.7, in the event Contractor willfully fails to comply with the provisions of California Labor Code Section 1777.5, Contractor shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.
g.

In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Contractor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If Contractor, in the sole discretion of the City satisfies the City of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, Contractor may so act, and in such case, the insurance required by this paragraph need not be provided. Contractor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and Contractor shall not commence work, until Contractor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, Contractor in signing this Contract certifies to the City as true the following statement: "I am aware of the

provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by Contractor and submitted to the City Engineer for the City's review and records. h. In accordance with the provisions of Section 1727 of the California Labor Code, the City, before making payment to Contractor of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City.

Section 11. Documents and Data. All specifications, operational manuals, reports, documents or other written material ("written products") developed by Contractor in the performance of this Agreement shall be and remain the property of City. All data, documents, discussion, or other information received by Contractor from City or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written consent by City. City shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All City data shall be retumed to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.

Section 12. Prohibited Interests. Contractor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Contractor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 13. Independent Contractor.
a. The Parties acknowledge, understand and agree that Contractor and Contractor's employees, subcontractors, subconsultants and agents and all persons or entities acting on Contractor's behalf in the performance of this Agreement are independent contractors and not employees, officers or officials of the City.

Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Contractor has no authority or responsibility to exercise any rights or 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, officials or officers of the City. c. Contractor shall determine the method, details and means of performing the Work.

Contractor shall be responsible to City only for the requirements and results specified in this Agreement or any individual Work Order. Contractor has control over the manner and means of performing the services under this Agreement.

Contractor is permitted to provide services to others during the same period as it provides services to City 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. As an independent contractor, Contractor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.

Section 14. 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 15. Non -Discrimination. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and

applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are 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 Contract shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

Section 16. Indemnification.
a. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless City and City's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Contractor or any of Contractor's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Contractor and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in 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 attorneys 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 shall be selected by Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. b. Contractor's obligations under this or any other provision of this Agreement will not be • limited by the provisions of any workers compensation act or similar act.

Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
c. Contractor agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations for the benefit of City, Contractor agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of Contractor or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.
d. City does not, and shall not; waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor's covenant under this Section shall survive the termination of this Agreement. e. Contractor shall fully comply with the workers' compensation laws regarding 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 17. Insurance.
a. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

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

2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Worker's Compensation insurance as required by the State of California. b. Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. c. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
d. Contractor agrees that if it does not keep the insurance required in this Agreement in full force and effect, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. e. Prior to commencement of work under this Agreement, Contractor shall file with City's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
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. The insurance provided by Contractor shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.
i. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

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.

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

Section 18. Records and Inspection. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the City to evaluate the performance the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

Section 19. Termination.
a. Termination for Convenience. City may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to Contractor specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by

the City Representative. 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 any Work Order (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement or any Work Order), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (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 under subsection 19(b)(2). below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party 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 Events of Defaults 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 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 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 Contractors issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within five (5) calendar days from the date of Contractors Default Notice to City.

3. City, in its sole and absolute discretion, may also immediately suspend Contractors performance under this Agreement or any individual Work Order (or the performance of any specific task or function performed by Contractor under this Agreement or any individual Work Order) pending Contractor's cure of any Event of Default by giving Contractor written notice of City's intent to 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 shall operate to

prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Contractor, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Contractor, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractor's breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Contractor shall be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.

6. In the event City is in breach of this Agreement, Contractor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Contractor under this Agreement for completed services and tasks. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.

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 20. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Contractor and without the fault or negligence of Contractor, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.

Section 21. 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 wilting.

If to City:

City of BeII Gardens
Department of Public Works
7100 Garfield Avenue
Bell Gardens, CA 92688
Phone: (562)806-7700
Attn: Public Works Director
With a courtesy copy to:

Rick Olivarez, City Attorney
Olivarez Madruga Lemieux O'Neill,
LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
If to Contractor:

Econolite Systems Inc.

Christopher J. Hanson
1250 N. Tustin Avenue
Anaheim, CA 92807

Facsimile: (213)744-0093
Section 22. 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 23. Attorneys' 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 attorneys' fees.

Section 24. 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 City and Contractor.

Section 25. 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 26. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 27. 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 28. 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.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized

tat! to _ F this
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By:

Michael B. O'Kelly, City = nager
Q D AS
on behalf of
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set forth bel
E''';NO
S, INC.

Chris J Ha ' rn (O Man

representatives to execute this Agreement on the dates set forth below. "City"
"Contractor"
CITY OF BELL GARDENS: ECONOLITE SYSTEMS, INC.

By _
Michael B. O'Kelly, City Manager
APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
7,y(
Christopher J Hanson `(Operations Manager)
Date: 5/8/2021
HIBIT "A"

REQUEST FOR PROPOSALS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

CITY OF BELL GARDENS

TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES
PROPOSAL SUBMISSION DEADLINE:

March 4, 2021 at 5:00 PM
City Clerk's Office
7100 Garfield Avenue
Bell Gardens, CA 90201
SUBMIT PROPOSALS TO:

Chau Vu:

City Clerk's Office
7100 Garfield Avenue
Bell Gardens, CA 90201
Phone No: (562) 806-7770
FAX No:: (562)-806-7789

CI OF ELL GARDENS
RE « UEST FOR P ` OPOSALS ( ' FP)
FOR
T `_ 1 FFIC SIGNAL AINTENANCE AND REPAIR SERVICES
IN THE CI OF =-ELL GARDENS

RFP DATES
• Proposal Period January 28, 2021 — March 4, 2021, 5:00 PM • Proposal Due Date: March 4, 2021 at 5:00 PM
• Tentative Award of Contract March 22, 2021
• Tentative Start Date April 1, 2021
Proposals must be submitted via certified mail and received at the City of Bell Gardens, Office of the City Clerk, 7100 Garfield Avenue, BeII Gardens, CA 90201, up to 5:00 P.M. PST on Thursday, March 4, 2021. Only certified mail, FedEx, GSO proposals postmarked on or before March 4, 2021 will be accepted.

TABLE OF CONTENTS
NOTICE INVITING PROPOSALS A-1 THRU A-2
INSTRUCTIONS TO PROPOSERS B-1 THRU B-10

PROPOSAL DOCUMENTS
Introduction C-1
Proposal Submittal Information C-1 THRU C-2
Scope of Services C-2
Response to Proposal C-3 THRU C-4
Proposed Pricing for Monthly Services C-5 THRU C-6
Proposed Pricing for E Work Services C-7 THRU C-8
Proposal Response Form C-9
Non -Collusion Affidavit C-10
SAMPLE CONTRACTRUAL SERVICES AGREEMENT D-1 THRU D-20

ATTACHMENTS
"A." SCOPE OF SERVICES FOR ROUTINE MANTENANCE AND

DIAGNOSTICS RAORDINARY WORK

SCOPE OF SERVICES FOR TRAFFIC SIGNAL REPAIR AND

RECORD KEEPING
"C. TECHNICAL REQUIREMENTS FOR CON `, CTOR PERSONNEL

CARRYING OUT ROUTINE MAINTENANCE
"D" SPECIAL PROVISIONS FOR TRAFFIC SIGNAL MAINTENANCE
WORK
"E" TRAFFIC SIGNALS AND OTHER SIGNAL EQUIPMENT OWNED

AND OPERATED BY CITY OF BELL GARDENS

REQUEST FOR PROPOSAL
FOR

TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES

CITY OF BELL GARDENS
NOTICE IS HEREBY GIVEN that the City of Bell Gardens is soliciting (hereinafter "the City"), proposals for the above -stated services from qualified licensed, bonded and insured professionals.

Proposals must be submitted via certified mail and received at the City of Bell Gardens, Office of the City Clerk, 7100 Garfield Avenue, Bell Gardens, CA 90201, up to 5:00 P.M. PST on Thursday, March 4, 2021. Only certified mail, FedEx, GSO proposals postmarked on or before March 4, 2021 will be accepted.

Copies of the Requests for Proposals, Proposal Documents, Contract Documents and Specifications are available on the City's website at htt lw + .bell ers.or€/ABOUTBELLGARDENS/DocumentCen sx tral.as (Co to follow link). The Requests for Proposals, Proposal Documents, Contract Documents and Specifications can also be emailed, at no cost, by forwarding a request for an electronic copy to Veronica Sanchez at [email protected]
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. In accordance with Labor Code Section 1770 et seq., the Project is a "public work." The selected Proposer (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations ("DIR") regarding the prevailing rate of per diem wages. Copies of those rates are on file with the DIR, and are available to any interested party upon request. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. These services are subject to compliance monitoring and enforcement by the DIR.

In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

Contractors shall provide their DIR Contractor Registration Number in the Proposal Response Form.

Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of Califomia, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California (DIR).

A-1

The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchas- es of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

The successful Proposer shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class C-27 or A at the time this contract is awarded. The Proposer and their subcontractors will be required to possess business licenses from the City.

No Bid Bond is required. The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal in response to this request for request for proposal. Concurrent with the execution of an agreement and maintained throughout its duration, the contractor shall deposit with the Bell Gardens City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable cash deposit payable to the city in the amount of five thousand dollars ($5,000), in a form approved by the city attorney, guaranteeing the contractor's faithful performance of the executed agreement.

Proposals must be prepared on the approved Proposal forms in conformance with the Instructions to Proposers and submitted in a sealed envelope plainly marked on the outside as follows:
" SEALED PROPOSAL FOR TRAFFIC SIGNAL MAINTENANCE SERVICES IN THE CITY OF BELL GARDENS —
DO NOT OPEN W1TH REGULAR MAIL"
The City reserves the right to reject any or all proposals, to waive any irregularity and to take all proposals under advisement for a period of 30 days.

The City reserves the right to negotiate final terms with the selected Proposer, if any.

Award may be made to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria.

BY ORDER OF the City of Bell Gardens.

A-2

CITY OF BELL GARDENS

INSTRUCTIONS TO PROPOSERS

CONTRACT DOCUMENTS
The Contract Documents shall consist of these Proposal Instructions together with the Notice inviting Proposals, Proposal Forms, Contract Forms, and Specifications; all of which are on file and may be obtained as noted in the Notice of Inviting Proposals.

PROPOSALS
Proposals shall be made on the Proposal forms contained in the Contract Documents. All Proposal forms shall be properly executed with all items filled in, including the longhand signature of all persons signing the proposal. The forms should be competed without interlineations or alterations.

The Proposer shall include the cost of all labor, materials, equipment, supervision, applicable taxes, overhead and profit in their unit proposal prices and any other factors that are necessary to provide the services required by these Specifications.

PROPOSERS EXAMINATION
Before submitting a proposal, the Proposer shall carefully examine the scope of services and other contract documents and ensure that they have a clear understanding of the contract requirements regarding the performance of services.

INTERPRETATION OF PROPOSAL AND DOCUMENTS
If any person contemplatessubmission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, they may submit to the Director of Public Works a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. Neither the Director of Public Works or the City will be responsible for any other explanation or interpretation of the proposed documents. Proposals shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered.

B-1

LEGAL RESPONSIBILITIES
A1I proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not.

Any Proposer submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in scope of services, contract documents, and to full compliance therewith.

SUBMISSION OF PROPOSAL
Proposals shall be submitted in a sealed envelope plainly marked on the outside as follows:
"SEALED PROPOSALS FOR T k FFIC SIGNAL MAINTENANCE AND REPAIR SERVICES IN THE CITY OF BELL G "DENS - DO NOT OPEN TH
REGULAR MAIL".

Proposals must be submitted via certified mail and should include all responses related to items as listed under Response to Proposal. However, it is the Proposer's responsibility alone to ensure delivery of the proposal prior to the proposal's submission deadline. Late proposals will not be considered and will be returned to the Proposer unopened.

THD WAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the Proposer. Such requests must be delivered to the City's designated official prior to proposal submission deadline. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the Proposer to submit a new proposal, providing there is time to do so.

REJECTION OF PROPOSALS
This RFP does not commit the City to award any contract. The City reserves the right, at its sole discretion, to reject any or all proposals without penalty, to waive irregularities in any proposals or in the RFP procedures, and to be the final judge as to which proposals are responsive, responsible, and most qualified. Any proposal that contains items not specified, items that are incorrect, has incomplete portions of items scheduled, or does not respond to items in the manner specified in this RFP may be considered non- responsive and may be rejected on these bases at the sole discretion of the City. Proposals offering less than 90 days for acceptance from the proposed Proposals Due Date may be B-2

considered non -responsive and may be rejected. Non -award of any proposal will not imply any criticism of the proposal or convey any indication that the proposal was deficient. Non -award of any proposal will mean that either another proposal was deemed more advantageous to the City, or that no proposal was deemed acceptable.

NON -CONCLUSION AFFIDAVIT
Proposer shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no office, agent, or employee of the City of Bell Gardens is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a proposal for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non -Collusion Affidavit shall be executed and submitted with the proposal.

DISCREPANCIES AND MISUNDERSTANDINGS
Proposer must satisfy themselves by personal examination of the Scope of Services and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No Proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. It is the Proposer's responsibility for the accuracy of their proposals and to ensure that the proposed amounts are entered correctly and mathematically checked. Any errors, omissions, or discrepancies found in the Scope of Services, or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

If the unit prig and the total amount named by the Proposer for any item are not in agreement, the unit price alone will be considered as representing the Proposer's intentions, and the totals will be corrected to conform thereto. Any error in addition of the amounts constituting the items of the Proposal Schedule will be corrected and such corrected total shall be used to determine the successful Proposer. All prices or sums shall include all sales and other taxes which may be applicable.

PROPOSERS INTERESTED IN MORE THAT ONE PROPOSAL
No person, firm or corporation shall be allowed to make or file or be interested in more than one proposal for the same work, unless altemate proposals are called - for. However, a person, firm or corporation who has submitted a sub -proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub -proposal or quoting to other Proposers.

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ASSIGNMENT OF CANT CT
No assignment by the Contractor of the, contract that is to be entered into hereunder or of any part thereof, or of funds to be received thereunder by the Contractor will be recognized by the awarding authority unless such assignment has had the prior approval of the awarding authority and the Surety has been given due notice of such assignment in writing and has consented thereto in writing.

If the Contractor intends to subcontract any portion of the work requested, the Proposal must state the name and address of each subcontractor who will perform work, labor, or render service to the Contractor in or about the construction of the work, in the amount equal to one-half of one percent (112 of 1%) of the Contractor's total proposal, and that portion of the work shall be included on the sheet provided in the Contract Documents.

AWARD OF CONT CT
If awarded, the contract will be awarded based on Evaluation Criteria listed below, including, but not limited to, qualifications, experience, and community benefits provided. The City reserves the right to reject all proposals and to contract for services in the manner that most benefits the City including awarding more than one contract if desired, In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the contractor to whom the award is contemplated.

Should an agreement be awarded, this Request for Proposal and Scope of Services and all conditions may become part of the agreement between the City the successful Proposer.

No Proposer may withdraw their proposal for a period of thirty (30) days after the time set for opening thereof.

AWARD CRITERIA
General Provision — The award of any contract shall be at the sole discretion of the City. It is the intent to make an award to one Proposer for all requirements although the City reserves the right to make multiple awards depending on the City's needs and what is in the best interest of the City. The City may accept or reject any or all proposals in whole or in part and may waive informalities in the process. The contents of the proposal of the selected Proposer will become the basis for a contractual obligation when the award of proposals is made.

Traffic Signal Maintenance Services Proposals Award — EVALUATION CRITERIA B-4

Proposals that meet the submittal requirements will be selected for further evaluation and negotiations by the City. Selection of the top proposals shall be based on the following criteria:

A
Evaluation Criteria
Qualifications (company organization,
licensed/staff)
Resources (equipment, number of personnel
assigned to contract)
C Level of experience with similar projects
D
References from public agencies (city reserves
right to contact any former agency not referenced)
E Costs
Community Benefit
Points
Possible
20 20
20 10
25 5
Total Points Possible
100
At the conclusion of the Proposal solicitation period, the City will review each submission, and then rank the Proposals according to evaluation criteria.

TERM OF CONT -CT
The initial contract shall cover three (3) years and the contract period shall be three years from date of execution by the City. The City may extend the effective termination date of the contract, thereafter, by mutual agreement of the parties for one-year periods, not to exceed twenty-four (24) months. The renewal periods can be authorized administratively by the City Manager.

Proposer understands that this contract shall not bind nor purport to bind the City for any contractual commitment in excess of the original contract period. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall .remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties.

Negotiations for contract extension may begin three (3) months before the effective termination date of the agreement in force and they shall end forty-five (45) days after the beginning date for contract extension. Should the City and the contractor not agree to the terms of a contract extension, the City may request proposals for the service with the intent that the service will continue uninterrupted until a new contract is awarded.

AMENDMENT OF CONT CT
B-5

At any time during the contract, including those times. when the contract is amended to extend the length of the contract, the City may, with the approval of the Bell Gardens City Council, enact amendments to the contract that are mutually agreeable to both parties.

All amendments, with the exception of amendments that extend the length of the contract, shall take effect thirty (30) days from the date on which both parties formally agree in writing to enact the amendments unless the parties mutually agree to a shorter time period.

PR AILING WAGES - jTES
It shall be mandatory upon the Contractor to whom the agreement is awarded to pay not less than the prevailing rates of wages to all workers employed by him in the execution of the agreement. The Contractor will be required to comply with the California Labor Code, Article 2, Section 1770 through 1780 inclusive and Article 5, Section 1810 through 1861 inclusive (Laws and Regulations governing the payment of prevailing wages). The Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Contractor and any of their subcontractors shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the- actual per diem wages paid to each joumeyman, apprentice, worker, or other employee employed. The payroll records shall be certified, available for inspection, and copies thereof fumished with the payment requests as prescribed in Section 1776 of the Labor Code. Contractor shall keep the City informed as to the location of the records and shall be responsible for the compliance with these requirements by all subcontractors.

ADDENDA OR BULLETINS
All proposers are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the service required for this project. Each proposer shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect to all addenda to the contract documents shall be considered in the proposal, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in the proposal any such addenda issued may render the proposal irregular and may result in its rejection by the City.

W0R R'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation B-6

with one or more insurers or by securing a certificate of consent to self -insure from the State Director of Industrial Relations.

In accordance with the section and Section 1861 of the State Labor Code, the contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement and submit same to City of Bell Gardens along with the other required contract documents, prior to performing any services.

Reimbu =ment for this requirement shall be considered as included in the various items of services.

IRREGULAR PROPOSALS
Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic or telephonic proposal, modification, or withdrawal will be considered.

DISQUALIFICATION OF PROPOSERS
In the event that any Proposer acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the Proposer will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Proposer, and while doing so, may also submit a formal proposal as a prime contractor. Proposals will be accepted from Proposers who are not licensed in accordance with the provisions of the State Business and Professions Code; however, the successful Proposer shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License, Class C-27, at the time a contract for this work is awarded.

INSU -mm' NCE AND OTHER REQUIREMENTS
I. INSURANCE
With respect to performance of work under this agreement, Contractor shall maintain insurance from a company acceptable to City as described below:

A. Worker's Compensation insurance with State of Califomia statutory limits and employer's liability insurance with limits of not less than $1,000,000 per accident. Worker's Compensation shall cover all employees and independent Contractor drivers.

B. Comprehensive general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall:

1. Include coverage of all vehicles used in this service.

B-7

2. Name the City, its elected and appointed officials, officers, employees, and agents as additional insured.

3. Be primary for all purposes.

4. Contain standard cross -liability provisions.

C. Proposer shall:

1. Furnish a statement of insurance with the Proposal describing to what extent they meet these requirements by types and amounts of coverage or provide copies of certificates of insurance already in place which meet the minimum requirements.

2. Furnish properly executed certificates of insurance to City prior to start of work under this agreement, such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30 days' prior written notice to City; and

3. Maintain such insurance from the time work first starts until completion of the work under this agreement.

FAITHFUL PERFORMANCE DEPOSIT
Concurrent with the execution of an agreement and maintained throughout its duration, the Proposer shall deposit with the BeII Gardens City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable cash deposit payable to the city in the amount of five thousand dollars ($5,000), in a form approved by the city attorney, guaranteeing the contractor's faithful performance of this agreement.

FEES. PERMITS. TAXES. AND CERTIFICATES
The Proposer shall have the sole obligation to pay all license fees, assessments and taxes, including but not limited to use, sales, property, or other taxes, plus penalties and interest which may be imposed on the Proposer as a result of the work under the contract.

PAYMENT
The contractor shall invoice the City monthly, submitting all management reports along with its invoice. The City shall pay the contractor monthly and within a reasonable time from receipt of invoice, in a manner consistent with the city's normal accounts payable practices. Failure to pass inspection on any maintenance repair or service will result in non-payment for that item until such item as the contractor can present the item to the City in acceptable form.

PAYMENT PENALTY
B-8

The City will withhold $100 per day should all routine monthly maintenance, reporting and other regularly scheduled routine maintenance items not be performed within the prescribed timeframes.

TERMINATION OF THE CONT CT
A. The City shall have the right to terminate the contract upon giving a thirty (30) day written notice of such termination to the contractor. In the event of such termination, the City shall determine the amount of fees to be paid to the contractor for services rendered to the date of termination. This determination, in the amount determined and as approved by the Bell Gardens City Council, shall be final and conclusive.

Any of the following provisions may result in termination of the contract executed between the City and the successful Proposer:
(1) Bankruptcy of the Contractor or assignment by it to the benefit of its creditors.
(2) Failure or refusal of the Contractor (after written wamings by the City) to perform the services specified in the contract in a manner satisfactory to the City.
(3)
Failure or refusal of the contractor to comply with the instructions of the city or with applicable federal, state, and local laws. (4) Any evidence of fraud or over- billing to the City. (5) Any Toss of funding or non -appropriation of funds as a result of budget considerations.
(6) Unavailability of the person designated in the contract as the contractor's project manager.

C. The Contractor may terminate the contract by providing the City with written notification submitted at least forty-five (45) days before the Contractor's desired date of contract termination.

D. The City and Contractor may mutually terminate the contract if a new contract is established and approved by both parties.

For technical questions, contact:

Veronica Sanchez
B-9

Administrative Specialist
EMAIL: vsanchez bellgardens.orq
All written questions will be answered in writing and conveyed to all Respondents via the City's online portal. Oral statements regarding this RFP by any persons should be considered unverified information unless conveyed in writing. To ensure a response, questions must be received in writing or email by 5:00 PM Thursday, February 11, 2021.

B-10

REQUEST FOR PROPOSALS
FOR ANNUAL CONT -,: CT FOR

T FFIC SIGNAL MAINTENANCE AND REPAIR SERVICES

INTRODUCTION
The City of Bell Gardens, Public Works Department, is accepting proposals from firms to provide Traffic Signal Maintenance and Repair Services. The contract amount may vary between $80,000 to $100,000 depending on the City's needs and other non-scheduled activity.

The City is seeking the services of a Traffic Signal Maintenance and Repair firm, which can assist the City in meeting the demands for supporting a growing traffic signal system. A firm with experienced personnel, a good track record and established procedures for performing signal maintenance and repair tasks will be an ideal choice for the City.

The total amount of work available will be a function of the amount of work that is required due to collision damage, vandalism, and the number of traffic signals in service.

PROPOSAL SUBMITTAL INFORMATION
A. Submittal of Proposal: Two copies of the proposal shall be submitted in response to this RFP. Proposals should be plainly marked on the outside: "SEALED PROPOSAL FOR T- ° FFIC SIG L

MAINTENANCE AND REPAIR SERVICES IN THE CITY OF BELL
GARDENS - DO NOT OPEN WITH REGULAR MAIL" The proposal
shall be submitted no later than 5:00 p.m. on March 4, 2021, and be addressed as follows:

City of Bell Gardens
City Clerk's • ce
7100 Garfield Avenue
BeII Gardens, CA 90201
Attn Chau Vu, Public Works Director
Proposals must be prepared on the approved Proposal forms which include:

Proposed Pricing for Monthly Services (Pages C-5 and C-6), Proposal Response Form (Page C-9), Proposed Pricing for ra Work Cost Schedule (Pages C-7 and C-8) and the Non -collusion Affidavit (Page C-10), and all information stipulated in the Response to Proposal (Pages C-3 and C-4).

Late submittals will not be considered. Fax submittals will not be accepted.

B. Examination of the content of the RFP: By submitting a response, the applicant represents that it has conducted a field review, thoroughly C-1

examined, and become familiar with the contents of the RFP and conditions of the standard City contract documents (Contra __.1 Services Agreement) (Attached), and that it is capable of performing quality work to achieve the City's objectives.

C. Pre -Contractual Expenses: The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal in response to this request for qualification/request for proposal.

D. Contract Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to accept or reject any or all responses received in reply to this RFP; reject or cancel in part or in its entirety this request for proposals.

Similarly, all responses to this request for proposals shall become the property of the City and will be retained or disposed of accordingly.

SCOPE OF SERVICES
See Attachments "A" and "B" for Scope of Services,
C-2

RESPONSE TO L
A. In • uction:

In addition to the Proposed Pricing, the Proposal at a minimum must contain the following:

1. Identification of the offering firm including name, address, telephone and fax number,

2. Acknowledgment of the receipt of RFP addenda if any; and

3. Name(s), title, address and telephone number of contact person during period of proposal evaluation.

4. Department of Industrial Relations License Number.

B. Qualifications: The overall capabilities of the Proposer's organization should be discussed in this section. Include a brief summary of the firm's history, its recent related experience of top level management and the ability of persons assigned to perform the work. Possession of appropriate business license and any specified certifications.

C. Personnel: This section must delineate the experience, license, certification, and/or background of the personnel and an organization chart. Detailed experience with Econolite control equipment is essential.

D. S ule: This section shall list the ability of the firm to respond to requested repair response and knock downs to provide for the City's monthly maintenance period. The amount of time needed to respond to a call -out shall be provided in the amount of time that it will require to - - ch City Hall in Bell Gardens.

E. Reference: List three (3) former or present municipal clients for whom comparable services have been performed by the firm's employees within last five years. Include the name, mailing address, and telephone number of each client's, principal representative.

References will be contacted with a request to rate the quality of the firm's service.

F. Authorization: The proposal shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days.

C-3

G. Insurance: Insurance certificates are required prior to contract execution. Special attention is directed to review the indemnification and insurance requirements in the contract documents (Contractor Services Agreement). Proposal must state that Contractor has read the City of Bell Gardens indemnification and insurance requirements and shall meet these requirements upon selection.

H. Estimated Costs: Estimated Costs and the Hourly Rate schedule for personnel and equipment shall be included and will be valid for at least one (1) year from the effective date of the contract. Prevailing wages will be included for all applicable personnel. Costs will be provided for the monthly maintenance period, and repair response for knock downs or other requested repairs.

Proposals: Proposals shall be typed and submitted on 8.5" x 11" size paper, using a simple method of fastening. Proposal shall not include any unnecessary, elaborate or promotional material. Excessive lengthy narrative is discouraged; presentation shall be clear and concise.

J. Invoices: The proposer must indicate in the proposal that they will meet the reasonable requirements for Bell Gardens invoicing, identifying each intersection, the work performed and when and how long it takes.

C-4

PROPOSED PRICING

FOR THE

FFIC SIGNAL MAINTENANCE AND REPAIR SERVICES

MONTHLY SERVICES
TO: Chau Vu, Public Works Director
City of Bell Gardens
7100Garfield
BeII Gardens, CA 90201
FROM:

Name of Proposer Firm
To furnish the traffic signal maintenance and repair services described in this proposal, the Proposer would charge the prices given below. Please complete this form or in an attachment, and sign and date this form and any amending document.
(1) Routine traffic signal maintenance and repairs per intersection for 38 Existing Intersections: $ each per month; *
(2) Routine traffic signal maintenance and repairs per each location for 18 Flashing Pedestrian Beacon: $ each per month;
(3) Routine traffic signal maintenance and repairs per each location for 8 Pedestrian Crosswalk Signals: $ each per month;
(4) Routine traffic signal maintenance and repairs per each location for 31 Radar Speed Display Signals: $ each per month.

Total Proposal Amount in figures:
$
Total Pro
, total per month
ount ' en in words:
* This proposed price includes monthly night inspection and annual conflict monitor testing.

C-5

The undersigned certifies that the foregoing prices are valid for ninety (90) days from the proposal due date, and that these will be the prices maintained throughout the contract period.

Name, Title Date
Authorized Signature
C-6

PROPOSED PRICING

FOR THE
T - FFIC SIGNAL MAINTE NCE AND ` PAIR SERVICES

WORK COST SCHEDULE
Hourly Rate Hourly Rate
Regular Time Overtime

1. LABOR
Superintendent $
Signal Maintenance Technician $ w_
Laborer $ $
Painter
Engineering Technician $
(Transportation Systems Electrician)

2. EQUIPMENT
Flex Lift (Bucket Truck)
Pickup Truck
Service Truck w/ generator and tools
Crane with Operator
Boom Ladder Truck
Concrete Saw
Compressor
$
Rate/Trip
Any equipment not specified above will be at Industry Market Rate.

3. MATERIALS
Suppliers invoice price (cost) shall be provided by Contractor.

4. SUBCONTRACTED SERVICES
Suppliers invoice price (cost) shall be provided by Contractor.

C-7

5. JOB SITE INSPECTION (When requested) per hour

Bell Gardens City CouncilApril 13, 2026

Bell Gardens City Council
April 13, 2026