Agenda packet — Bell Gardens City Council, May 11, 2026 (part 11 of 11)

VENDOR: SHIP TO: BELL GARDENS AQUATICS CENTER
7950 SCOUT AVENUE
BELL GARDENS, CA 90201
FOB Point:

Terms:

Req. Del. Date:

Special Inst:

Req. No.:

Dept.: RECREATION AND COMMUNITY SERVICES
Contact:

Confirming?
Quantity Unit Description Unit Price Ext. Price
1 Ea. GEN 7 Sports Timer with legacy connections $6,440.00 $6,440.00 1 Ea. System 6 Sports Timer $5,566.00 $5,566.00
1 Ea. Championship Elite Start System with wired microphone. $2,116.00 $2,116.00 1 Ea. 25’ jumper cable for the Infinity series or Championship Elite start system $161.00 $161.00 1 Ea. Portable tripod for the Infinity or Champ series start system $253.00 $253.00 20 Ea. Aquagrip gutterhung touchpads (78" x 22") **PROVIDE LANE WIDTH** $1,541.00 $30,820.00 20 Ea. Special size Touchpad brackets $138.00 $2,760.00 2 Ea.

Touchpad caddy for gutterhung touchpads. Holds up to ten touchpads. Some assembly required. $2,254.00 $4,508.00
1 Ea. Ten-lane cable harness (Primary and button A) $1,495.00 $1,495.00 1 Ea. Ten-lane back-up cable harness (button B & button C) $1,288.00 $1,288.00 1 Ea. “Y” cable harness extension, 50m $1,127.00 $1,127.00 1 Ea. Deck Clock - Pair $4,991.00 $4,991.00
1 Ea. Wireless Tabletop Controller – no internal battery $1,909.00 $1,909.00 1 Ea. Power Bank $69.00 $69.00
1 Ea.

Run, Stop, Reset (Stop or Start the game or shot time or reset the game with click of button) $276.00 $276.00
1 Ea. Mini Wireless Water Polo Scoreboard $3,818.00 $3,818.00 SUBTOTAL $67,597.00
BILL TO: TAX $7,097.69
FREIGHT $2,449.00
TOTAL $77,143.69
Account Number Amount Account Number Amount

VENDOR COPY
Authorized Signature

PO NUMBER
DATE
Colorado Time Systems
1551 E 11th Street
Loveland, CO 80537
��

TERMS AND CONDITIONS

1. DEFINITIONS: The phrase “City of Bell Gardens” shall mean the governing body of the City of Bell Gardens, or any department thereof, hereinafter called the “City.”

2. ACCEPTANCE OF PURCHASE ORDER : This purchase order constitutes City’s offer to Vendor and shall become a binding contract upon the terms and conditions set forth herein upon acceptance by Vendor either by acknowledgment or commencement or performance. No charges for transportation, unloading, containers, packing, etc., will be allowed unless specified in vendor's quotation

3. DATA AND FACILITIES : Vendor represents that he now has or can readily procure without assistance of the City all data, facilities, machinery and equipment necessary for the performance of this purchase order.

4. CASH DISCOUNT : The date used as the basis for cash discount calculation is the date the Articles are received or the date an acceptable invoice is received, whichever is later.

5. PACKING AND SHIPPINGS : Deliveries shall be made as specified without charge for boxing, crating, carting, or storage unless otherwise specified, and Articles shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such manner as to assure against damage from weather or transportation.

6. TAXES: Vendor shall separately state on all invoices any taxes imposed by federal or state government applicable to furnishing of the articles; provided, however, where a tax exemption is available, such tax shall be subtracted from the total price and identified. Municipalities are exempt from federal excise and transportation taxes. Total prices quoted are to exclude federal taxes. Exemption certificates will be furnished upon request. Unless otherwise indicated, prices quoted will be considered to exclude state and city sales or use tax, which is payable by the City.

7. PRICES: Vendor represents that the prices quoted to or paid by City shall not exceed current prices charged to any other customer of Vendor for items which are the same or substantially similar to the articles, taking into account the quality under consideration, and Vendor will forthwith refund any amounts paid by City in excess of such price.

8. WARRANTY: Vendor warrants that all Articles will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect.

9. CHANGES: City shall have the right by written notice to change the extent of the work covered by the contract, the drawings, specifications, or other description herein, the time, method or place of delivery or the method of shipment or packaging or to suspend work. Upon receipt of any such notice, Vendor shall proceed promptly to make the changes in accordance with the terms of the notice. If any such change causes an increase or decrease in the cost or performance or in the time required for performance, an equitable adjustment shall be negotiated promptly, and the contract modified in writing accordingly.

Vendor shall deliver to City as promptly as possible, and in any event within thirty (30) days after receipt of change notice, a statement showing the effect of any such change in the delivery dates and prices, such statement to be supplemented within thirty (30) days from the date thereof by detailed specification of the amount of the price adjustment and supporting cost figures. Failure of Vendor to submit the statements within the time limits stated shall constitute its consent to perform the change without increase in price, without claim for material rendered obsolete and without change in delivery schedule.

10. TERMINATION: In the event Vendor fails to comply with any term or condition of this agreement or fails to provide the supplies or services in the manner agreed upon by the parties, this failure shall constitute a breach of the agreement. City at its sole discretion shall either notify the Vendor that it must cure this breach within 15 days of notice of breach or provide written notification of its intention to terminate this agreement. City reserves the right to terminate this agreement for its convenience and will reimburse Vendor for actual costs incurred in performance of this agreement through the effective date of termination.

11. DEFAULT: City may, by written notice to Vendor, cancel for default this contract, in whole or from time to time in part, (1) if the Vendor fails to deliver the Articles or to perform the services strictly within the time specified herein, of if no time is specified, within a reasonable time; (2) if the Articles delivered do not conform to contractual requirements or if Vendor fails to perform any of the other provisions of the contract, or so fails to make progress as to endanger performance of the contract in accordance with its terms; or (3) if the Vendor becomes insolvent or commits an act of bankruptcy. If this contract is cancelled for default, City in addition to all other rights afforded by law for Vendor's breach of contract, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the Articles cancelled from another source exceed the prices specified herein, and City may set off any such charge against any amounts which may become payable to Vendor under the contract or otherwise. Upon such cancellation Vendor will deliver to City any of the Articles, parts or materials, for which City shall make written request at or after cancellation and City will pay Vendor the fair value of any such property so requested and delivered.

12. ASSIGNMENT OF CONTRACT : None of the sums due or to become due nor any of the work to be performed under this contract shall be assigned nor shall Vendor subcontract for completed or substantially completed Articles or major components thereof without City’s prior written consent.

13. INDEMNITY: Vendor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, agents, employees and volunteers, at Vendor's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Vendor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this contract. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Vendor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Vendor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Vendor, its employees, and/or authorized subcontractors under this contract, whether or not the Vendor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Vendor's Proposal, which shall be of no force and effect.

14. WAIVERS: The failure of the City to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this contract, or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Vendor with respect to such future performance shall continue in full force and effect.

15. EQUAL EMPLOYMENT OPPORTUNITY: The Vendor affirms that it shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Vendor will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin.

Such policy of the Vendor shall apply, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layout or termination rates of pay or other forms of compensation and selection for training, including apprenticeship.

16. PREVAILING WAGES . For public projects. Vendor shall comply with Prevailing Wage Requirements. Pursuant to sections 1720 through 1861 of the California Labor Code.

17. INSURANCE: Vendor shall obtain and maintain during the performance of any services under this contract the following insurance coverage issued by a company satisfactory to the City Attorney, the requirement that Vendor obtain and maintain such insurance coverage.

17.1. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $ 1,000.000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 2010 ed), with no special limitations affecting City.

17.2. Business/Commercial automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA 001, including Symbol 1 (any auto)), with no special limitations affecting City.

17.3. Workers' compensation insurance in compliance with the laws of the State of California, including employer's liability insurance in an amount not less than $1,000,000 per claimant.

17.4. Vendor shall not commence work under this contract until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this contract, for any extensions hereto, and for periods after the end of this contract as may be indicated below, Vendor must have and maintain in place all of the insurance coverages required by City. Vendor's insurance shall comply with all items specified by this contract. Any subcontractors shall be subject to all the requirements of this section and Vendor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Vendor's insurance may cover all subcontractors.

18. BUSINESS LICENSE. For any work done within the City, Vendor shall obtain, prior to issuance of a PO, and maintain a valid business license from City.

19. GOVERNING LAW. This contract shall be governed by the laws of the State of California.

In the event of litigation between the City and the Vendor, the prevailing party shall be entitled to reasonable attorneys' fees and costs incurred based on comparable fees of private attorneys practicing in Los Angeles County.

20. COMPLIANCE WITH LAW: Vendor shall in the performance of the contract comply with all applicable laws, regulations, ordinances, proclamations, demands and requisitions of the City of Bell Gardens or State of California.

21. ENTIRE AGREEMENT . This contract contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this contract which are not fully expressed herein. If the attachments or exhibits to this contract, if any, are inconsistent with this contract, this contract shall control.
��
��

1551 E 11th Street, Loveland, CO 80537 USA ⚫ +1(970)667-1000 ⚫ (800)279-0111 ⚫ +1(970)667-5876(fax) www.coloradotime.com

May 6, 2026

Osael Romero
City of Bell Gardens
Customer #0030754

Dear Osael,
The following is the price quotation you requested. Colorado Time Systems provides premier athletic facilities like yours across the world with platinum-quality timing, scoring, and display systems. We look forward to working with you to turn your vision into reality. Colorado Time Systems offers a wide range of solutions tailored to fit your needs – and your budget. If you have any questions or comments, please call me at 949-751-9655 or e-mail me at [email protected]. Look for us online at http://www.coloradotime.com PLEASE NOTE: Lead time for most timing equipment is estimated at 2-8 weeks. Standard TP-60G, TP-78G, TP-90G and TP- 96G lead time is estimated at 3-5 weeks. All other touchpads are estimated at 6-8 weeks. Video Displays are estimated at 15-20 weeks. Lead times are based on current estimates and cannot be guaranteed. Product will ship as soon as it is available.

OMNIA #R230202

GEN7 TIMING SYSTEM
Qty Model Description Price
1 GEN7-TMR-L GEN 7 Sports Timer with legacy connections

The Gen7 Sports Timer is designed to work exclusively with existing CTS timing components and display boards. Incorporates the latest technology with all of the key features of a Colorado Time Systems Console, including up to 12-lane timing, enhanced split handling, start reaction display, automatic lane arming, interface to 3rd party meet management software, scoreboard cycling and more. The hardware and software combination gives you the flexibility to run your meets your way.

Features:
• Intuitive software interface with modern Windows user interface and is touchscreen friendly. Software to be loaded on owner provided laptop.
• Flexible user interface options: Windows laptop or tablet is primary user interface, with Ethernet connectivity to the timer. • Robust safeguards, all data is logged and saved on the Gen7. Any issues with user interface are recoverable. Timer will continue running and will finish race without user interface.
• Rich diagnostics, integrated pre-meet diagnostic mode to check system set up and allows proactive equipment maintenance • Integrated 2.4GHz Wireless to Scoreboards
• Facility network connectivity

Note: Includes 3-year limited warranty.

$6,440

��

TIMING SYSTEM
Qty Model Description Price
1 SYS6 System 6 Sports Timer

Hardware:

Multi-sport computer console, swim keyboard insert and swimming and diving software, backlit full-color 10.4” LCD display, USB drive for software upgrades; unlimited race storage, external mouse and keyboard port, back -up rechargeable system, and built-in start input.

Software:

Swimming and diving software included, stored lap & cumulative splits, display of lap and cumulative splits to matrix displays, 12 lane competitive timing, back-up timing (software only), unlimited “meet memory”, relay judging software, and direct scoreboard use.

$5,566

START SYSTEM
Qty Model Description Price
1 SSE Championship Elite Start System with wired microphone.

Features:
• Bright external 360-degree strobe
• External visual indicator
• Compatible with External Visual Indicators (EVI) and visual start sequence (Requires additional equipment)
• Training mode
• Alternate start tones
• Tabletop mount included. Tripod or flagpole available

$2,116

START SYSTEM ACCESSORIES
Qty Model Description Price
1 R-INF-SJ25 25’ jumper cable for the Infinity series or Championship Elite start system $161 1 TR-3 Portable tripod for the Infinity or Champ series start system

$253

TOUCHPADS
Qty Model Description Price
20 TP-78G Aquagrip gutterhung touchpads (78" x 22") **PROVIDE LANE WIDTH**

Note: Includes 3-year limited warranty. Brackets sold separately.

$30,820

ACCESSORIES
Qty Model Description Price
20 4000-0040 Special size Touchpad brackets

Gutter diagram/measurements must be supplied upon order

$2,760
2 CAD-TP/P Touchpad caddy for gutterhung touchpads. Holds up to ten touchpads. Some assembly required.

$4,508

CABLE HARNESS
Qty Model Description Price
1 CH41-10 Ten-lane cable harness (Primary and button A) $1,495.00

1 CH41-10-3 Ten-lane back-up cable harness (button B & button C) $1,288.00

1 CHE-41-50M “Y” cable harness extension, 50m $1,127.00 ��

DECK CLOCK
Qty Model Description Price
1 DC-1500 Deck Clock - Pair

Features:
• Multi-colored LED digits
• Water & Sun resistant, corrosion free
• Can be utilized as game/shot clock for water polo or set to pace in time of day
• Time of day or game time displays on top line with 5” digits, bottom line to display seconds for pacing or shot time
• Bright LED Digits
• Integrated weatherproof horn for game or shot tones
• Ability to operate wirelessly with optional controller • 30 lbs.

$4,991.00

TABLETOP SCOREBOARD CONTROLLER
Qty Model Description Price
1 WTTC-2-NB2 Wireless Tabletop Controller – no internal battery

$1,909.00
1 R-420-021 Power Bank

$69.00

SCOREBOARD CONTROLLER
Qty Model Description Price
1 RSR-3 Run, Stop, Reset (Stop or Start the game or shot time or reset the game with click of button)

$276.00

MINI WIRELESS WATER POLO SCOREBOARD
Qty Model Description Price
1 WP-1700 Mini Wireless Water Polo Scoreboard

Features:
• Lightweight and portable
• Integrated 2.4GHz wireless
• Includes handle for easy portability
• Mounting Options: 3” Legs, 3ft. Stand, Caddy or Wall Mount • Optional External Horn with different sounds for game horn and shot clock horn
• AC and Battery Operation
• Can be controlled by Wireless Tabletop Controller, Wireless Handheld Controller, or SYS6 Sports Console
Specifications:
• Approximate Dimensions: 13.75”x48”x4.25” (h/w/d)
• Viewing Distance: minimum 50M
• Displays Score, Period, Game Time and Shot Time – 5” LED Digits • Power: 115VAC ~ 230VAC, 50/60Hz, Rechargeable batteries included with charge controlling circuitry for use outdoors or near a pool deck.

$3,818.00
EQUIPMENT PRICE $67,597
+ 10.5% Estimated Tax $7,097.69
+ Shipping $2,449
��

TERMS: Purchase order or 50% down, net 30 days. Visa, MasterCard or American Express are acceptable. Unless otherwise noted, the quote does not include power, permits, engineering fees, delivery charges, or installation.

Please note that a change order fee of 20% will apply if any modifications are requested after a purchase agreement has been received. Additionally, if an order is canceled 24 hours after a purchase agreement is received, a cancellation fee of up to 50% may be charged.

For custom equipment or special orders, including video displays and software, please be aware that these cannot be canceled once production has started. Furthermore, returns are subject to a restocking fee of up to 50%, and custom orders, including video displays, are non-returnable. Displaylink+ software and/or equipment are also non-returnable.

Unless noted, the above pricing DOES NOT reflect cooperative agreement pricing, including but not limited to BuyBoard, OMNIA, TIPS, Choice Partners, YMCA Shared Services. Please reach out to your regional sales manager for additional information regarding the contracted pricing.

WARRANTY: Two-year limited warranty.

All other components associated with the above equipment including cable harness, deck plates (excluding titanium deck plates), wall plates, push buttons, test meters, microphones, speakers, data cable, etc. will have a one-year limited warranty.

SHIPPING: PLEASE NOTE: Lead time for most timing equipment is estimated at 2-8 weeks. Standard TP-60G, TP-78G, TP-90G and TP-96G lead time is estimated at 3-5 weeks. All other touchpads are estimated at 6-8 weeks.

Video Displays are estimated at 15-20 weeks. Lead times are based on current estimates and cannot be guaranteed. Product will ship as soon as it is available.

Shipping charges are estimated and subject to change. Tailgate delivery, all unloading is done by receiver. If inside delivery is needed, please call our Sales Team at (800) 279-0111, option 2. Any additional fees will be billed to end user/facility.

TAXES: If purchaser is tax -exempt or purchasing for resale, a copy of purchaser’s tax - exempt certificate shall be required at time of order. If purchaser’s tax -exempt certificate is not available purchaser shall be charged all appropriate tax.

FORCE MAJEURE: No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.

NOTE: Price quotations valid for 30 days. All quotations are in U.S. Dollars.

Best Regards,

Andrew Priest
Andrew Priest
West Coast Sales Representative

AP/LF

��

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: Local Commissions Appointment List

MEETING DATE: May 11, 2026

RECOMMENDATION:

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

BACKGROUND / DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state-mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services ��
Updated: 3/5/2026

CITY OF BELL GARDENSNOTICE OF COMMISSION VACANCIESAND ACTIVE COMMISSIONERS

EDUCATION COMMISSION

PLANNING COMMISSION

RECREATION, CULTURAL AND YOUTH COMMISSION

SENIOR CITIZEN COMMISSION

TRAFFIC AND SAFETY COMMISSION
The City Council is seeking applications for the following vacancies:

Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m. Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m. Staff Liaison - Alfonso Hernandez, City Planner, (562) 806-7723Gabriela Gomez Barcena 2/23/2026 Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m. Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m. Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m. Staff Liaison – Bernardo Iniguez , Director of Public Works/Facilities (562) 806-7770 Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall bepermitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shalltake and file with the City Clerk the same constitutional oath of office required of members of the city council. Anymember of a commission shall be deemed to have resigned from the commission, and his or her office as a member ofthe commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convictedof a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications willbe accepted in the City Clerk’s Office on a continuous basis until an appointment is made. Please call the City Clerk’sOffice at (562) 806-7705 or email [email protected] for more information.

Daisy Gomez, City Clerk
Ereni de la Paz Barcena 9/22/2025Linda Judith Lopez Chavez 4/28/2025Crystal Jimenez De La Rosa 1/13/2025Juan Manuel Rojas Guillen 1/27/2025Miguel Maravilla Sanchez 1/13/2025 Carlos Jose Barrera Chavez 1/13/2024Kenneth Preciado De La Rosa 1/13/2025Yorgelys Monroy Guillen 2/11/2025Oscar Boado Sanchez 9/11/2023 VACANT Barcena 1/6/2025Katelynn Cabrera Chavez 4/28/2025Ainslee Preciado De La Rosa 2/24/2025Karla Acosta GuillenCarmen Vargas Sanchez 7/22/2024 Ana Maria Sanchez FloresBarcena 1/9/2023Mayra Teresa Yañez Chavez 4/28/2025Karina Garcia De La Rosa 5/12/2025VACANT GuillenStephanie Perez Sanchez 1/23/2023 David Heredia Barcena 1/9/2023Edgar Juvenal Lopez BustillosChavez 4/28/2025Gustavo Mendez De La Rosa 4/14/2025Samuel Perez Guillen 2/24/2025Pedro Trujillo Sanchez 1/12/2026

NAME APPOINTED BY VACANCYPOSTED APPOINTMENTDATE
��

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY:Manuel Acosta, Community Development Director
SUBJECT:Consideration of Interim Urgency Ordinance No. 968-U to Adopt by Reference the 2025 California Energy Code, Wildland-Urban Interface Code, Existing Building Code, and Referenced Standards Code and to Amend Bell Gardens Municipal Code Chapters 6.04, 6.08, 6.12, 6.14, 6.16, and 6.18 DATE:May 11, 2026
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt, by a four-fifths vote, Interim Urgency Ordinance No. 968-U, amending certain sections of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code, to remove all references to Los Angeles County Code Title 26 (Building Code), Title 27 (Electrical Code), Title 28 (Plumbing Code), Title 29 (Mechanical Code), Title 30 (Residential Code), and Title 31 (Green Building Standards Code), which amend and adopt by reference the 2025 California Building Standards Code, and adopt by reference the 2025 California Energy Code, Wildland-Urban Interface Code, Existing Building Code, and Referenced Standards Code
BACKGROUND/DISCUSSION:

The California Building Standards Code, codified under Title 24 of the California Code of Regulations (“Title 24”), is updated every three (3) years to reflect changes in national model codes and standards resulting from advances in information and technology in the building and life safety industry. Multiple California state agencies review the most recently published national model codes and make amendments and additions thereto, which are then incorporated into Title 24. The new 2025 California Building Standards Codes were published on July 1, 2025, and went into effect on January 1, 2026.

At the regularly scheduled City Council meetings on January 12, 2026, and January 26, 2026, the City Council adopted Interim Urgency Ordinance No. 963-U and Ordinance No. 962 (“City Ordinances”), adopting by reference the Los Angeles County Building Codes listed above, which adopt by reference amended versions of the 2025 California Building Standards Code. The County amendments, adopted on November 25, 2025, address local climatic, topographical, or geological conditions specific to the Los Angeles region. The City Ordinances adopted these amendments, and the findings supporting those amendments, which were then submitted to the California Building Standards Commission (the “Commission”) for review and filing.
��
On or around March 18, 2026, the City received a notice from the Commission that the filing was rejected because it did not comply with Assembly Bill 130 (“AB 130”), which was signed into law on June 30, 2025. AB 130 prohibits all local governments from adopting amendments to the California Building Standards Codes that affect residential units until June 1, 2031, with certain exceptions. The Commission explained that the City had failed to correct deficiencies to the City’s 2022 Building Code filing, thus preventing the City from falling under an exception to AB 130.

To comply with AB 130, the City Building Official recommends amending the Bell Gardens Municipal Code (“BGMC”) to remove all references to the Los Angeles County Code and the local amendments to strictly implement the 2025 California Building Standards Code. This will avoid conflicts or confusion regarding approvals and enforcement among the various California Building Standards Codes. Additionally, to further comply with AB 130, the City also finds it necessary to adopt by reference the 2025 California Wildland-Urban Interface Code, the 2025 California Energy Code, the 2025 California Existing Building Code, and the 2025 California Referenced Standards Code.

This Interim Urgency Ordinance is presented pursuant to California Government Code Section 36937(b), as a measure necessary for the immediate protection of the public health, safety, and welfare. If the Interim Urgency Ordinance is not adopted, conflict and confusion in its application and enforcement will occur, creating an immediate threat to the public health, safety, and welfare of the City of Bell Gardens. This Interim Urgency Ordinance may only be adopted by a four-fifths vote and shall automatically terminate one hundred and eighty (180) days after its adoption. While the Interim Urgency Ordinance is in effect, staff will work to prepare and present a codified ordinance to the City Council for consideration and adoption.

The City desires to amend BGMC Chapters 6.04 (Building Code), 6.08 (Mechanical Code),

6.12 (Plumbing Code), 6.14 (Residential Code), 6.16 (Electrical Code), and 6.18 (Green Building Standards Code) to remove all references to the Los Angeles County Building Codes and related local amendments to comply with AB 130 and to follow and enforce only the 2025 California Building Standards Code. The City also desires to adopt the 2025 California Energy Code (Part 6), Wildland-Urban Interface Code (Part 7), Existing Building Code (Part 10), and the Referenced Standards Code (Part 12).

Pursuant to Government Code Section 50022.6, copies of the 2025 California Building Standards Code Parts 2 through 12 of Title 24, with the exception of Part 8 (California Historical Building Code) and Part 9 (California Fire Code), shall be on file with the City Clerk for public inspection.

CONCLUSION:

It is recommended that City Council adopt the proposed Interim Urgency Ordinance by a four-fifths vote. A permanent ordinance will be presented to the City Council at a future date for consideration and adoption.

FISCAL IMPACT:

Pursuant to state law and the previously approved ordinances, the City purchased copies of all 2025 California Building Standards Codes. Therefore, adoption of this Urgency Ordinance will have no fiscal impact.
��
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
INTERIM URGENCY ORDINANCE NO. 968-U

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BELL GARDENS, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2025
CALIFORNIA ENERGY CODE (24 CCR PART 6), THE 2025
CALIFORNIA WILDLAND-URBAN INTERFACE CODE (24 CCR PART
7), THE 2025 CALIFORNIA EXISTING BUILDING CODE (24 CCR PART 10), AND THE 2025 CALIFORNIA REFERENCED STANDARDS CODE
(24 CCR PART 12); AND AMENDING BELL GARDENS MUNICIPAL
CODE CHAPTERS 6.04 (BUILDING CODE), 6.08 (MECHANICAL CODE),

6.12 (PLUMBING CODE), 6.14 (RESIDENTIAL CODE), 6.16
(ELECTRICAL CODE), AND 6.18 (GREEN BUILDING STANDARDS
CODE)
WHEREAS, under Article XI, Section 7 of the California Constitution, the Bell Gardens City Council has authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and
WHEREAS, California Government Code sections 36934 and 36937 authorize the City Council to adopt an urgency ordinance by a four-fifths vote for the immediate preservation of the public peace, health, or safety; and WHEREAS, the 2025 California Building Standards Code, codified under Title 24 of the California Code of Regulations (“Title 24”), became effective throughout the state on January 1, 2026; and
WHEREAS, pursuant to California Health and Safety Code section 17922, Title 24 must be adopted by reference pursuant to the procedures outlined in Government Code sections 50022.2 and 50022.9; and
WHEREAS, pursuant to California Health and Safety Code section 17958.5, the City may adopt amended versions of Title 24 but must make express findings that each amendment, addition, or deletion is necessary because of local climatic, topographical, or geological conditions; and
WHEREAS, at its regular meetings on January 12, 2026 and January 26, 2026, the City Council adopted by reference the 2025 California Building, Electrical, Plumbing, Mechanical, Residential, and Green Building Standards Code, as amended by the Los Angeles County Board of Supervisors on November 25, 2025, together with the associated findings necessary to comply with California Health and Safety Code section 17958.5; and
WHEREAS, on June 30, 2025, Governor Newsom signed Assembly Bill 130 (“AB 130”) into law, prohibiting all local governments from adopting amendments to the California Building Standards Codes that affect residential units until June 1, 2031, with certain exceptions; and
��
Ordinance No. 968-U
2 of 13
WHEREAS, because deficiencies in the Building Code the City adopted in 2022 were not addressed before AB 130 took effect, Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code (“BGMC”) does not comply with AB 130 and does not fall under a permitted exception; and
WHEREAS, to comply with AB 130, the City Building Official recommends amending the BGMC to remove all references to the Los Angeles County Code to strictly implement the 2025 California Building Standards Code and avoid conflict or confusion regarding approvals and enforcement among the various California Building Standards Codes; and
WHEREAS, the City also finds it necessary to adopt by reference the 2025 California Wildland--Urban Interface Code, the 2025 California Energy Code, the 2025 California Existing Building Code, and the 2025 California Referenced Standards Code and to create new chapters in the BGMC to codify these new codes.

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

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2.The purpose of this Interim Urgency Ordinance is to amend the City of Bell Gardens Municipal Code by adopting by reference, pursuant to California Government Code sections 50022.2 through 50022.10, the 2025 California Wildland-- Urban Interface Code, the 2025 California Energy Code, the 2025 California Existing Building Code, and the 2025 California Referenced Standards Code, and to remove all references to the Los Angeles County Building Code, Electrical Code, Plumbing Code, Mechanical Code, Residential Code, and Green Building Standards Code, and all local amendments to the 2025 California Building Standards Code set forth therein, thereby strictly implementing the 2025 California Building Standards Code, including Parts 2, 2.5, 3, 4, 5, 6, 7, 10, 11, and 12 of Title 24 of the California Code of Regulations.

SECTION 3.Based on the recommendations and findings contained in this Interim Urgency Ordinance and the accompanying staff report, the City Council hereby finds and declares that, to comply with AB 130 and avoid confusion or conflict in permitting and enforcement, it is necessary to amend the BGMC to remove all references to the Los Angeles County Building Code (Title 26), Electrical Code (Title 27), Plumbing Code (Title 28), Mechanical Code (Title 29), Residential Code (Title 30), and Green Building Standards Code (Title 31), and all local amendments to the 2025 California Building Standards Code set forth therein, to protect the public health, safety, and welfare.

SECTION 4. Declaration of Urgency. California Government Code sections 36934 and 36937 authorize the Bell Gardens City Council to adopt an urgency ordinance by a four-fifths vote for the immediate preservation of the public peace, health, or safety.

Pursuant to California Government Code section 36937(b), this Interim Urgency ��
Ordinance No. 968-U
3 of 13
Ordinance is hereby declared to be an urgency measure necessary for the immediate protection of the public health, safety, and welfare. The City Council hereby finds that there is a current and immediate threat to the public health, safety, and welfare regarding the City’s Buildings and Construction Code. Unless the City Council adopts this Interim Urgency Ordinance, the 2025 Los Angeles County Code titles and amendments to the 2025 California Building Standards Code will remain codified, but unenforceable in the City of Bell Gardens. This will result in confusion or conflict in permitting and enforcement.

The City Council hereby finds that such confusion or conflict in permitting and enforcement will result in a potential immediate threat to the public health, safety, and welfare of the City of Bell Gardens. Additionally, the City Council finds that the 2025 California Wildland-Urban Interface Code, Energy Code, Existing Building Code, and Referenced Standards Code provide regulations necessary to protect the public health, safety, and welfare in the City of Bell Gardens. The City Council hereby finds, determines, and declares that the immediate preservation of the public health, safety, and welfare necessitates the enactment of this Interim Urgency Ordinance, which shall become enforceable immediately upon adoption.

SECTION 5.Based on the foregoing, the City Council hereby adopts this Interim Urgency Ordinance, adopting by reference the 2025 California Energy Code (Part 6), Wildland-Urban Interface Code (Part 7), Existing Building Code (Part 10), and Referenced Standards Code (Part 12), and amending Title 6 of the BGMC to remove all references to the Los Angeles County Code titles and local amendments to the 2025 California Building Standards Code.

SECTION 6. The following sections and subsections of Chapter 6.04 (Building Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:

6.04.010 Adoption of the 2025 California Building Code as amended by Title 26, Los Angeles County Building Code (adopted 2025 by the Los Angeles County Board of Supervisors).

A. The 2025 California Building Code as amended by Title 26, Los Angeles County Building Code (adopted 2025 by the Los Angeles County Board of Supervisors), together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the city provide for the issuance of permits and collection of fees therefor, and provide for penalties for violation thereto, are hereby adopted by reference and conflicting ordinances are hereby repealed.
…

6.04.020 Penalty.
��
Ordinance No. 968-U
4 of 13
Every person violating any provision of the 2025 California Building Code as amended by Title 26, Los Angeles Building Code, and appendices adopted by reference by BGMC 6.04.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment.

The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.

SECTION 7. The following sections and subsections of Chapter 6.08 (Mechanical Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:

6.08.010 Adoption of the 2025 California Mechanical Code as amended by Title 29, Los Angeles County Mechanical Code (adopted 2025 by the Los Angeles County Board of Supervisors).

A. The 2025 California Mechanical Code as amended by Title 29, Los Angeles County Mechanical Code (adopted 2025 by the Los Angeles County Board of Supervisors), which regulates and controls the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, venting, cooling, refrigeration systems, or other miscellaneous heat producing appliances in the city, provides for the issuance of permits and collection of fees therefor and provides for penalties for the violation thereof with certain changes and amendments and all thereto is hereby adopted by reference, and all conflicting ordinances are hereby repealed.
…

6.08.040 Penalty.

Every person violating any provision of the 2025 California Mechanical Code as amended by Title 29, Los Angeles County Mechanical Code, and appendices adopted by reference by BGMC 6.08.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.

Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.

SECTION 8. The following sections and subsections of Chapter 6.12 (Plumbing ��
Ordinance No. 968-U
5 of 13
Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:

6.12.010 Adoption of the 2025 California Plumbing Code as amended by Title 28, Los Angeles County Plumbing Code (adopted 2025 by the Los Angeles County Board of Supervisors).

A. The 2025 California Plumbing Code as amended by Title 28, Los Angeles County Plumbing Code (adopted 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of plumbing and drainage materials, venting, wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related products and workmanship in the city, provides for the issuance of permits and collection of fees therefor, and provides for penalties for the violations thereof, with certain changes and amendments thereto, is hereby adopted by reference and conflicting ordinances are hereby repealed.
…

6.12.040 Penalty.

Every person violating any provision of the 2025 California Plumbing Code as amended by Title 28, Los Angeles County Plumbing Code, and appendices adopted by reference by BGMC 6.12.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.

SECTION 9. The following sections and subsections of Chapter 6.14 (Residential Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:

6.14.010 Adoption of the 2025 California Residential Code as amended by Title 30, Los Angeles County Residential Code (adopted 2025 by the Los Angeles County Board of Supervisors).

A. The 2025 California Residential Code as amended by Title 30, Los Angeles County Residential Code (adopted 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the design, ��
Ordinance No. 968-U
6 of 13
construction, installation, quality of materials, use, occupancy, location, and maintenance of all buildings, structures, grading, and certain equipment as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed.
…

6.14.040 Penalty.

Every person violating any provision of the 2025 California Residential Code as amended by Title 30, Los Angeles County Residential Code, and appendices adopted by reference by BGMC 6.14.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.

SECTION 10. The following sections and subsections of Chapter 6.16 (Electrical Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:

6.16.010 Adoption of the 2025 California Electrical Code as amended by Title 27, Los Angeles County Electrical Code (adopted 2025 by the Los Angeles County Board of Supervisors).

A. The 2025 California Electrical Code as amended by Title 27, Los Angeles County Electrical Code (adopted 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and workmanship in the city, provides for the issuance of permits and collection of fees therefor and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed. …

6.16.040 Penalty.

Every person violating any provision of the 2025 California Electrical Code as amended by Title 30, Los Angeles County Electrical Code, and appendices adopted by reference by BGMC 6.16.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a ��
Ordinance No. 968-U
7 of 13
misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.

SECTION 11. The following sections and subsections of Chapter 6.18 (Green Building Standards Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:

6.18.010 Adoption of the 2025 California Green Building Standards Code as amended by Title 31, Los Angeles County Green Building Standards Code (adopted 2025 by the Los Angeles County Board of Supervisors).

A. The 2025 California Green Building Standards Code as amended by Title 31, Los Angeles County Green Building Standards Code (adopted 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact, and encouraging sustainable construction practices in planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental air quality as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed.
…

6.18.040 Penalty.

Every person violating any provision of the 2025 California Green Building Standards Code as amended by Title 31, Los Angeles County Green Building Standards Code, and appendices adopted by reference by BGMC 6.18.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.

SECTION 12. The following sections and subsections of Chapter 6.28 (Energy Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:
��
Ordinance No. 968-U
8 of 13

6.28.010 Adoption of the 2025 California Energy Code.

A. The 2013 2025 California Energy Code, which provides energy standards within the city as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed. …

6.28.030 Penalty.

Every person violating any provision of the 2013 2025 California Energy Code, and appendices adopted by reference by BGMC 6.28.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.

SECTION 13. A new Chapter 6.19 titled “WILDLAND-URBAN INTERFACE CODE” is hereby added to Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code and shall read as follows:

6.19.010 Adoption of the 2025 California Wildland-Urban Interface Code.

A. The 2025 Wildland-Urban Interface Code, which provides minimum special regulations for safeguarding life and property from the intrusion of wildfire by regulating ignition-resistant construction techniques and defensible space, fire exposure from adjacent structures, and preventing structure fires from spreading to wildland fuels, is hereby adopted by reference and all conflicted ordinances are hereby repealed.

B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the community development department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with exceptions, deletions, additions, and amendments thereto as set forth in this chapter.

6.19.020 Wildland-Urban Interface Code fees.

Notwithstanding the provisions of this chapter, fees for plan check, inspection and ��
Ordinance No. 968-U
9 of 13
other miscellaneous services shall be based on the most current fee set forth by resolution of the city council.

6.19.030 Penalty.

Every person violating any provision of the 2025 Wildland-Urban Interface Code, adopted by reference by BGMC 6.19.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.

Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.

SECTION 14. A new Chapter 6.27 titled “EXISTING BUILDING CODE” is hereby added to Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code and shall read as follows:

6.27.010 Adoption of the 2025 California Existing Building Code.

A. The 2025 Existing Building Code, which regulates the repair, alteration, addition and change of occupancy for existing buildings and historic buildings, while achieving appropriate levels of safety without requiring full compliance with the new construction requirements, encouraging the use and reuse of existing buildings, is hereby adopted by reference and all conflicted ordinances are hereby repealed.

6.27.020 Existing Building Code fees.

Notwithstanding the provisions of this chapter, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by resolution of the city council.

6.27.030 Penalty.

Every person violating any provision of the 2025 Existing Building Code, adopted by reference by BGMC 6.27.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a ��
Ordinance No. 968-U
10 of 13
misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.

SECTION 15. A new Chapter 6.29 titled “REFERENCED STANDARDS BUILDING CODE” is hereby added to Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code and shall read as follows:

6.29.010 Adoption of the 2025 California Referenced Standards Code.

A. The 2025 Referenced Standards Code, which lists technical standards, test methods, and regulations used through the California Building Standards Code, including specific standards for materials and construction such as structural design, fire-resistive standards, and insulating material.

6.29.020 Referenced Standards Code fees.

Notwithstanding the provisions of this chapter, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by resolution of the city council.

6.29.030 Penalty.

Every person violating any provision of the 2025 Referenced Standards Code, adopted by reference by BGMC 6.29.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.

SECTION 16. Not less than one copy of the City of Bell Gardens Building and Construction Codes, and all codes and appendices thereto, adopted by reference, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination ��
Ordinance No. 968-U
11 of 13
and use by the public. Distribution or sale of additional copies of these codes shall be made as directed by the City Council. In addition, one copy of said City of Bell Gardens Building and Construction Codes, and all codes and appendices, may likewise be maintained by the Director of Community Development Department for examination and use by the public.

SECTION 17. The City Council finds that this Interim Urgency Ordinance amending the Bell Gardens Municipal Code is not a project under the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.), as that term is defined in the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.; § 15378, subd. (b)(5)). Therefore, it can be seen with certainty that there is no possibility that the adoption of this Interim Urgency Ordinance would have a significant effect on the environment.

SECTION 18. If any section, subsection, subdivision, 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 19. This Interim Urgency Ordinance shall terminate one hundred eighty (180) days after adoption.

SECTION 20. This Interim Urgency Ordinance shall take effect immediately upon its adoption by a four-fifths vote of the City Council pursuant to Government Code section 36937. The Building Official shall cause this Ordinance to be filed with the California Building Standards Commission. Within fifteen (15) days of its passage, the City Clerk shall certify the adoption of this Interim Urgency Ordinance and shall cause a summary of the Ordinance to be published once in a newspaper of general circulation within the City of Bell Gardens.
[Signatures on next page]
��
Ordinance No. 968-U
12 of 13
PASSED, APPROVED and ADOPTED this 11th day of May, 2026.

THE CITY OF BELL GARDENS

Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
��
Ordinance No. 968-U
13 of 13
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 968-U adopted at a regular meeting of the Bell Gardens City Council held on Monday, May 11, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daisy Gomez, City Clerk
��

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and Council Members
FROM: Michael B. O’Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT: Discussion of Proposed Fiscal Year 2026-2027 Fiscal Budget DATE:May 11, 2026
RECOMMENDATION:

It is staff’s recommendation that the City Council receive and file the proposed budget. Staff also recommends that the City Council provide direction to staff on the proposed budget.

BACKGROUND/DISCUSSION:

Annual Budget Process
The City of Bell Gardens adopts a budget on an annual basis. The budget consists of projected revenues and proposed expenditures. Proposed expenditures specify the spending plan for the upcoming fiscal year, while the projected revenues address the expected available resources to fund City expenditures. Depending on the difference between the proposed expenditures and projected revenues, the budget will consist of a deficit, surplus, or balanced budget.

Once approved by the City Council, the proposed expenditures are considered appropriated (at the fund level) and become available to pay for City expenditures.

Projected revenues are developed by the finance department along with input from other City departments. The formulation of the upcoming fiscal year’s projected revenues includes taking into consideration projected economic conditions, historical analysis, the state budget, assistance from third parties, and other future expectations.

The budget process begins with the City Manager instructing each City department to prepare budget worksheets, which detail each respective department's spending plan for the upcoming fiscal year. The budget worksheets are received and reviewed by the finance department. Budget meetings are then held with each respective department, the ��
Finance Department and the City Manager review and discuss the proposed spending plans and make adjustments as necessary. Finally, the City Manager will present the annual budget to the City Council.

FY 2025-2026 Financial Update
General Fund Update (FY 2025-2026)
For FY 2025-2026, the City Council adopted a balanced General Fund budget. During the mid-year review, estimates were revised and the City was showing a deficit of $1.98 million. The General Fund’s projection for the end of the year is a Deficit of $1.97 million.

General Fund revenues for FY 2025-2026 are projected to be higher than the adopted budget by $4.2 million or 8.36%.

Expenditures for FY 2025-2026 are projected to be higher than the original budget amount by $6.2 million. During the year, significant increases were seen in Departmental Supplies and Capital Outlay expenditures associated with the Aquatic Center.

After the Fiscal Year ends on June 30, 2026, the City’s financial information will be audited and financial statements will be published, which will report the actual revenues, expenditures and surplus or deficit.

General Fund
FY 2025-2026
Adopted
FY 2025-2026
Mid-Year
FY 2025-2026
End of Year
Projected
Revenues $50,060,167 $54,244,610 $54,450,236
Expenditures $50,060,167 $56,233,734 $56,423,231
Surplus/(Deficit) $0 ($1,989,124) ($1,972,995)

FY 2026-2027 Annual Budget
General Fund Budget (FY 2026-2027)
For the FY 2026-2027, the City's General Fund is projected to have a deficit of $3.6M.

General Fund
FY 2026-2027
Proposed
Revenues $49,043,704
Expenditures $52,717,773
��
Budget Surplus/(Deficit) ($3,674,068)
General Fund Revenues (FY 2026-2027)
Projected FY 2026-2027 General Fund revenues are projected to be lower by $1,016,463.

The total projected General Fund revenue is $49,043,704. Below are the details for the FY 2026-2027 General Fund proposed revenues.

Source
FY 2026-2027
Proposed
Revenues

Percent Of
General Fund
Card Club Tax $17,437,862 * 35.56%
Motor Vehicle In-Lieu $6,240,404 * 12.72%
Sales & Use Tax $4,072,801

8.30%
Measure A-Add on Sales Tax
(.75%) $3,739,000 * 7.62%
Parking Lot Rental $3,177,868 * 6.48%
Operating Transfers In $2,000,000 * 4.08%
Hotel and Marketplace Ground
lease $1,868,047 * 3.81%
Property Tax - Secured $1,660,802 * 3.39%
Loan Repayments (ROPS) $1,126,104 * 3.39%
Additional Sales Tax $975,000 * 1.99%
Rental Registry Fees $975,000 * 1.99%
Transient Occupancy Tax $650,000 1.33%
Interest Income $550,000 1.12%
Building Permits $450,000 0.92%
Utility Franchises $430,000 0.88%
Post Abx1290 Pass Through $336,396 0.69%
��
Other Combined Revenue Sources $2,884,420 6.54%
Total $49,043,704 100%
*The City’s top ten major revenue sources made up $86.25% of the $49,043,704 of the General Fund revenue budget.

Major increases in General Fund revenue were driven by the following sources:
•Motor Vehicle in-lieu $214,541 Increase
•Additional Sales Tax (.25%) $975,000 Increase
•Property Tax - Secured $174,101 Increase
•Rental Registry Fees $225,000 Increase
Projected decreases in General Fund revenue were as follows:
•Casino Revenue is expected to decrease by $1,582,138
•Loan Proceeds $400,000
•Operating Transfers In $915,000

Bicycle Casino Revenues
After the Bicycle Hotel was opened in December of 2015, revenues from the Bicycle Casino reached a new high point in fiscal year FY 2016-2017, the first full fiscal year of operation, in the amount of $14,138,000. The following fiscal year, FY 2017-2018, revenues significantly decreased by $1,208,000 to $12,930,000, but steadily increased in the following years reaching another new high in fiscal year FY 2018-2019. The FY 2019- 2020 Casino revenues were trending to set another record; however, on March 14, 2020, due to COVID-19, the Casino abruptly closed and sporadically open until February.

Beginning March 2021, the Casino has been successfully open daily, and the revenue has been steadily increasing again. For FY 2022-2023, Casino revenue was adopted at $14,900,000 which is $500,000 higher than FY 2021-2022 estimated budget. FY 2022- 2023 saw a record high of $18,986,140. For FY 2023-2024 revenue was adopted at $17,951,569, with year-end actuals for FY 2023-2024 coming in at $18,174,682. For FY 2024-2025 we projected revenues of $19,836,000. However, because of significant construction during the initial parts of FY 2024-2025, a significant reduction in Card Room revenue was experienced, as a result the year end actuals for FY 2024-2025 was $15,369,733. For FY 25-26 Casino revenue is estimated to come in at year end at $17,536,253. Based on performance during the last 6 months of FY 2025-2026, Casino Revenue will be adopted at $17,969,670 for FY 2026-2027.

General Fund Expenditures (FY 2026-2027)
General Fund FY 2026-2027 proposed expenditures are $52,717,773. This represents an increase of $2,180,645 or 5.31% from the prior fiscal year.

��
Additionally, for fiscal FY 2026-2027, the vacancy savings rate is set at 7.5% which projects the anticipated savings from current and future vacancies. The projected vacancy savings is $2,472,744 for FY 2026-2027.

Below is a comparison of General Fund expenditures between FY 2025-2026 and FY 2026-2027 along with explanations for each expenditure line item.

Description
Percent Of
FY 2026-2027
Budget
FY 2025-
2026
Adopted
Budget
FY 2026-2027
Proposed
Budget
Change
Increase/
(Decrease)
Personnel
Services 62.54%* $31,854,989 $32,969,915 $1,114,926
Contractual
Services 27.42%* $14,110,961 $14,453,869 $342,908
Department
Supplies 2.33% $1,335,930 $1,229,180 ($106,750)
Capital Outlay 2.73% $2,438,525 $1,440,600 ($997,925)
Debt Service 2.04% $609,000 $1,074,849 $465,849
Transfer to Other
Funds 7.25% $1,899,877 $3,822,104 $1,922,317
Transfer to
Reserves 0.38% $200,000 $200,000 -
Vacancy Savings
Rate (4.69%) ($2,389,124) ($2,472,744) ($83,620)
Total 100% $50,060,167 $52,717,773 $2,657,606
* 89.96% of General Fund Expenditures are made of Personnel and Contractual Services.

Personnel Services ($32,969,915) is made up of salaries, CalPERS contributions, health insurance, and other taxes and benefits. Personnel services make up 62.54% of the General Fund proposed expenditure.

FY 2026-2027 personnel services are up by $1,114,925. The increases were from the 3% salary increase adopted as part of the ratified MOU’s with the various labor groups throughout the City, which will go into effect in FY 2026-2027. ��
The FY 2026-2027 budget includes a total of 157 authorized staff positions citywide.

Contractual Services ($14,453,869) is a broad category that is made up of services the City contracts for, both small and large. The major services the City contracts for include general liability insurance, attorney services, information technology, tree and landscape services, animal control services, crossing guard services, vehicle repair, and annual maintenance and warranty subscriptions. Contractual services also include City utilities such as electricity, water and gas. Overall, contractual services increase by $342,000, mainly from the following:

•Increase of approximately $460,000 in CJPIA insurance premiums for FY 2026- 2027, Municipal risk management pool.

•City Clerk’s office contractual services are up by approximately $100,000 due to expenses associated with elections in FY 2026-2027.

•City IT contractual services are up by approximately $200,000 due to expenses associated with Microsoft Licensing, new Agreement with Lan Wan, IT and technical support associated with City-wide events and special projects.

Increases are offset by overall reductions in Contractual expenditures for Police, Public Works and Recreation and Community Services.

Departmental Supplies ($1,299,180) makes up 2.33% of proposed expenditure. These include the supplies each respective department needs to run operations and activities for the City. Supplies consist of park supplies, custodial supplies, street supplies, office supplies and recreation supplies. Departmental supplies increase and decrease among the various departments. For FY 2026-2027 a net decrease of $106,000 is expected compared to prior year.

Capital Outlay ($1,440,600) Consists of 2.73% of the General Fund Expenditure Budget and is made up of larger of one-time purchases that can range from department equipment to facility improvements.

These increases include expenditures such as:
•Increases in Capital Outlay $220,000 for the Police Department, includes increase of approximately $45,000 for IT Hardware and Software and approximately $175,000 for police vehicles.
•Overall Capital Outlay is expected to decrease in FY 2026-2027, due to overall reductions for Community Development, Public Works, Recreation and Community Services and Information Technology.
��
Debt Service ($1,074,849) is the principal and interest payments the City makes on debt and loans. The General Fund is currently paying on one bond, the 2015 lease revenue bond, which has an outstanding balance of $4,020,000 as of June 30, 2025. In addition, the City entered into a contract agreement for the tax-exempt master equipment lease- purchase agreement loan with Holman Capital of $2,239,435 and the first payment occurred in FY 2021-2022; principal and interest are $186,365 and the remaining principal balance as of June 30, 2026 is $1,577,425. A new energy lease agreement goes into effect in FY 2026-2027, $467,000 in Principal and Interest Payments, with offsetting energy savings.

Transfers Out ($3,822,104) transfers out increased by $1.9 million which were due to a combination of items as follows: Increase in Transfer to Gas Tax of $536,000; Increase in Transfer to ROPS Commitments of $1 million. Overall Retiree Health Commitments Increased by Approximately $396,000 in FY 2026-2027.

Transfers to Reserves ($200,000). The FY 2026-2027 proposed transfer to reserves will bring the contingency reserve to $4,900,000.

All City Funds (FY 2026-2027)
For FY 2026-2027, the proposed expenditures for all thirty-four (34) City funds are $73,511,670. All City Funds include General Fund, Capital Replacement Fund, Special Revenue Funds, Capital Project Fund, Enterprise Funds and Successor Agency Funds.

Fund Type (Number of Funds)
FY 2026-2027
Proposed Expenditures
General Fund (1) $52,717,773
Equipment Replacement Funds - General Fund in
ACFR (1) $ 60,000
Special Revenue Funds (22) $ 17,071,700
Capital Project Funds (2) $ 262,431
Enterprise Funds (Water Utility and Golf Course) (2) $ 2,944,966 Successor Agency Funds (6) $ 404,800
Total All City Funds $ 73,511,670

��
Capital Projects and Infrastructure Improvements
FY 2026-2027 newly appropriated capital project work plan program is $1,712,431 and the remainder of $31,181,790 was carried over from FY 2025-2026.

In accordance with the City's purchasing policy, each project over $10,000 will be brought before the City Council for approval.

Next Steps
Upon City Council's adoption of the budget and appropriations limit, the final adopted budget document will be compiled and published. The City budget will be constantly reviewed and updates will be provided to the City Council throughout the year.

Additionally, requested increases to supplies, services and personnel, and capital outlay request will be analyzed and prioritized for the upcoming Fiscal Year. Any necessary changes that occur during the Fiscal Year will be brought back to the City Council for consideration.

CONCLUSION:

The preliminary proposed budget will result in a FY 2026-2027 All City Funds budget of $73,511,670. The City has remaining CIP projects of $31,181,790 with $1,712,431 in new appropriations for FY 2026-2027. Once the budget is adopted by the City Council, the final budget document will be compiled and published on the City’s website. The budget will be monitored throughout the year and will be reanalyzed during the mid-year budget review.

FISCAL IMPACT:

The preliminary proposed budget will result in a total FY 2026-2027 All Funds budget of $73,511,670. The proposed City budget includes General Fund expenditures of $52,717,773 and projected General fund revenues of $49,043,704 which results in a deficit of budget of ($3,674,068). The proposed budget includes a $200,000 transfer to General Fund reserves, which will grow the contingency reserve to $4,900,000, which is 9.2% of General Fund proposed expenditures.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
City of Bell Gardens
Budget Presentation
Fiscal Year 2026 – 2027
��
Bell Gardens Budget - Overview

1. FY 2025-2026 projected deficit of $1.97 million for
end of year.

2. FY 2026-2027 budget is projected to have a deficit of $3.6 million, FY 2026-2027 budget includes 1-year
labor agreements, with all existing Labor Groups.

3. Has a current vacancy rate of 7.5%.

4. Increase in JPIA coverage costs by $535,000.

5. Assumes .25% sales tax approved by voters on June 2.

6. Assumes successful preliminary injunction blocking
AG card room rules (Hearing scheduled for May 21).
2 ��
General Fund Projection
FYE June 30, 2026
(FY 2025-2026)
3 ��
FY 2025-2026 General Fund Projection
4 FY 2025-2026 Adopted Mid-Year End-of-Year
Revenues $50,060,167 $54,244,610 $54,450,236
Expenditures $50,060,167 $56,233,734 $56,423,231
Surplus/(Deficit) $0 ($1,989,124) ($1,972,995)
-
($1,989,124) ($1,972,995)
(2,500,000)
(2,000,000)
(1,500,000)
(1,000,000)
(500,000)
-
Change in Fund Balance
FY2025-2026
��
5 General Fund
Projected Fund Balance
Fund Balance at June 30,
2025
$25,430,500
Projected Change in Fund
Balance (FY 2025-2026) ($1,972,995)
Projected Fund Balance at
June 30, 2026 $23,457,505
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
2020-21
Actual
2021-22
Actual
2022-23
Actual
2022-23
Actual
2023-24
Actual
2024-25
Actual
Total Fund Balance
FY 2020-2021 to FY 2024-2025
Nonspendable
(Water Fund
Receivables &
Others),
$5,745,452
Assigned/Unassigned
(Leave Accruals,
General Obligations &
Contingency),
$17,712,053

PROJECTED FUND BALANCE AT
JUNE 30, 2026
��
General Fund Budget
FYE June 30, 2027
(FY 2026-2027)
6 ��
General Fund Budget
FY 2026-2027
7 FY2026-2027
Presented
Budget
Revenues $49,043,704
Expenditures $52,717,773
Surplus/(Deficit) ($3,674,068)
$49,043,704 $52,717,773
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
Revenues Expenditures
FY 2026 -2027
General Fund Budget
��
General Fund Budget

REVENUES
July 1, 2026 – June 30, 2027
(FY 2026-2027)
8 ��
General Fund Revenue Summary
9 Revenue Source FY 2025-2026
Adopted ($)
FY 2026-2027
Proposed ($)
Increase/
(Decrease) ($)
Card Club Tax $19,020,000 $17,437,862 ($1,582,138)
Motor Vehicle In-Lieu $6,025,863 $6,240,404 $214,541
Sales & Use Tax $4,024,869 $4,072,801 $47,932
Measure A-Add on Tax (.75%) $3,816,350 $3,739,000 ($77,350) Parking Lot Rental $3,177,868 $3,177,868 $0
Operating Transfers In $2,915,000 $2,000,000 ($915,000) Hotel and Marketplace Ground Lease $1,868,047 $1,868,047 $0 Property Tax – Secured $1,486,701 $1,660,802 $174,101
Additional Sales Tax (.25%) $975,000 $975,000
Rental Registry Fees $750,000 $975,000 $225,000
Loan Repayments (ROPS) $748,122 $1,126,104 $377,982
Transient Occupancy Tax $650,000 $650,000 $0
Interest Income $550,000 $550,000 $0
Utility Franchises $405,000 $430,000 $25,000
Loan Proceeds $400,000 0 ($400,000)
Building Permits $350,000 $450,000 $100,000
Pool Fees $350,000 $150,000 ($200,000)
Billboard Lease Rev $310,000 $320,000 $10,000
Post ABx1290 Pass Through $300,000 $336,396 $36,396
Other Combined Revenue $2,912,347 $2,884,420 ($27,927)
Total Revenue $50,060,167 $49,043,704 ($1,016,463)
��
General Fund Revenue Composition
10 35.6%

12.7%

8.3%

7.6%

6.5%

4.1%

3.8%

3.4%

2.3%

2.0%

1.3%

1.1%

0.9%

0.7%

0.6%

0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0%
Card Club Tax
Motor Vehicle In-Lieu
Sales & Use Tax
Add-on Sales Tax (.75%)
Parking Lot Rental
Operating Transfers In
Hotel and Marketplace Ground Leases
Property Tax - Secured
Loan Repayments
Additional Sales Tax (.25%)
Rental Registry Fees
Transient Occupancy Tax
Interest Income
Building Permits
Utility Franchises
Post ABx1290 Pass Throughs
Billboard Lease Rev
Business License Fees
General Fund Composition
FY 2026
-
2027
Top Ten Revenue Sources
Equals 86.25% of the Total
��
Casino Revenues
2013 - 2027
11 $9,836,243 $10,364,272 $12,787,942
$14,138,417
$12,930,235
$14,329,820
$11,231,347
$6,728,349
$14,218,970
$18,985,139
$18,174,682
$15,369,733
$17,013,047
17,437,862
Proposed
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Historical Casino Revenues
2013 -2027
��
General Fund Budget

EXPENDITURES
July 1, 2025 – June 30, 2026
(FY 2025-2026)
12 ��
General Fund Expenditures
Expenditure Type FY 2025-2026
Adopted
FY 2026-2027
Proposed
FY 2026-2027
Change
Personnel Services $31,854,989 $32,969,915 $1,114,926
Contractual Services $14,110,961 $14,453,869 $342,908
Department Supplies $1,335,930 $1,229,180 ($106,750)
Capital Outlay $2,438,525 $1,440,600 ($997,925)
Debt Service $609,000 $1,074,849 $465,849
Transfer to other Funds $1,899,877 $3,822,104 $1,922,217 Transfer to Reserves $200,000 $200,000 $0
Vacancy Savings Rate ($2,389,124) ($2,472,744) ($83,620) Total Expenditures $50,060,167 $52,717,773 $2,657,606
13 Personnel Services and Contractual Services make up 89.96% of budget
��
General Fund Expenditures
Personnel Services (62.54% of Total)
14 Personnel Services
Expenditure
FY 2025-2026
Proposed
FY 2026-2027
Proposed
Increase/
(Decrease)
Salaries $14,925,241 $15,447,624 $522,383
CalPERS Retirement $7,179,999 $7,431,299 $251,300
Health Insurance $2,954,074 $3,057,467 $103,393
Part Time $2,867,388 $3,074,300 $206,912
Overtime $1,158,059 $918,800 ($239,259)
Worker's Compensation $676,896 $700,587 $23,691
Vac/Sick Leave Cash-Outs $452,261 $641,328 $189,067
Holiday Pay $275,010 $284,635 $9,625
Other Benefits $1,073,778 $1,111,360 $37,582
Other Taxes $292,283 $302,513 $10,230
Total Personnel Services $31,854,989 $32,969,915 $1,114,925 ��
History of Funded Full-Time Positions
By Department
15 FY
2018-
2019
FY
2019-
2020
FY
2020-
2021
FY
2021-
2022
FY
2022-
2023
FY
2023-
2024
FY
2024-
2025
FY
2025-
2026
FY
2026-
2027
Council 1 1 1 1 1 1 1 1 1
City Manager 4 4 3 3 3 3 3 3 3
City Clerk 3 3 3 4 5 5 5 5 5
Community
Development
9 9 10 11 11 13 16 16 17
Finance and
Administration
9 9 9 10 10 10 10 10 10
Police 74 74 71 73 74 77 77 75 75
Public Works 28 28 28 28 28 30 30 30 30
Recreation and
Community Services
12 12 11 15 15 15 16 16 16
Total 140 140 136 145 147 154 158 156 157
��
General Fund Expenditures
Contractual Services
July 1, 2026 – June 30, 2027
16 Contractual Services include: liability insurance, tree and landscape services, warranties and subscriptions, professional services, IT and VOIP services, utilities, animal control, and CJPIA Insurance Premium increases and others.

Increases in Contractual Expenditures

1. Finance & Admin contractual services are up by $535,000 due to increases in CJPIA insurance premiums for FY 2026-2027 municipal risk pool management.

2. City Clerks Office contractual services are up by $100,000 due to expenses associates with elections in FY 2026-2027

3. City Information Technology Contractual Services are up by $200,000 due to expenses associated with Microsoft Licensing, New Agreement with Lan Wan, and other City-wide events and special projects support.

4. Increases are offset by overall reductions in Contractual Expenditures for Police, Public Works and Recreation and Community Services. .

Contractual Services ($14,453,869 or 27.42%)
Increased by $
��
General Fund Expenditures
Department Supplies
July 1, 2026 – June 30, 2027
17 Department Supplies: Supplies each respective department needs to run operation and activities for the City. Park supplies, custodial supplies, street supplies, office supplies and recreation supplies.

Expenditures

1. Departmental Supplies are respective to individual department needs in order to run operations and activities for the City. Supplies consist of park supplies, custodial supplies, street supplies, office supplies and recreation supplies.

2.) Expected net decrease of approximately $106,000, from prior year.

Department Supplies ($1,229,180 or 2.33%)
Decreased by $106,000
��
General Fund Expenditures
Capital Outlay
July 1, 2026 – June 30, 2027
18 Capital Outlay: (One-time purchases) Expenditures to acquire or improve long-term assets.

Examples include: Vehicles, Equipment, Furniture, IT Hardware and Software, and Facility Improvements General Fund Capital Outlay Major Increases and Decreases:

1. $220,000 in Capital Outlay for Police IT Hardware and Software increase of Approx $45,000 and $175,000 for police vehicles.

2. Overall Capital Outlay is expected to decrease in FY 2026-2027, do to overall reductions for Community Development, Public Works, Recreation and Community Services and Information Technology (IT Services)
 Total budget is $1.4 million or 2.73%
 Overall Decrease of $997,000 from prior year
��
General Fund Expenditures
Transfers to Other Funds
July 1, 2026 – June 30, 2027
19 Transfers Out – General Fund transfers funds to other City funds. Total Transfer Out to other funds is $3.8 million or 7.25% Increase of $1.9 million
Transfers Out Changes consist of:

1. Transfer to Gas Tax $536,000 increase from previous year.

2. Transfer to Out ROPS $1 million Increase from previous year (Offset by additional revenue).

3. Increase of approximately $393,000 in Overall Retiree Health Commitments.
��
General Fund Expenditures
Debt Service
July 1, 2026 – June 30, 2027
20 Debt Service – Principal and interest payments for bonds and loans received by the City.  Total debt service budget is $1million or 2.04%
 2015 Lease Debt Payment $410,000
 Energy savings lease purchase agreement $186,000
 Energy savings lease agreement goes into effect FY 2026-2027; $469,000 Principal and Interest payments, offset energy savings
Issue Balance
2015 Lease Bonds (Principal) $4,020,000
Compensated Leave $3,352,778
Unamortized Bond Premium $388,902
Net Pension Liability $51,875,747
Retiree Health Liability $58,543,178
Energy Savings Lease Purchase Agreement (Loan
Pymt)
$1,736,684
Total City Debt $119,917,289
The City’s total debt as of June 30, 2025
��
General Fund Expenditures
By Department
July 1, 2026 – June 30, 2027
(FY 2026-2027)
21 ��
General Fund Expenditures by Department
FY 2026-2027
City Council

0.7%
City Manager, IT & Telecom

4.9%
Legal Services

1.8%
City Clerk

1.7%
Community Development

6.0%
Finance, HR & Risk Management

11.0%
Police

40.8%

41.9% in FY25-26
Public Works

14.6%
Recreation

13.7%
Debt Services

2.0% Transfer

7.3%
Transfers for Reserve

0.4%
Vacancy Savings Rate
-4.7%
22 ��
General Fund Expenditures by Department
Department
Percent
Of
Total
FY 2025-
2026
Adopted
FY 2026-
2027
Proposed
Increase/
(Decrease)
Increase/ (Decrease)
Explanation
City Council 0.7% $350,563 $360,738 $10,175 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care.

Decreases in maintenance and contractual.

City Manager, IT &
Telecom 4.9% $3,012,337
$2,558,520 ($453,817)
Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and IT projects. Contractual Savings.

Legal Services 1.8% $925,000 $925,000 $0 No Change projected.

City Clerk 1.7% $753,671
$885,197 $131,526
Increase mainly in Personnel Costs per MOU, CALPERS, Health Care, decrease in maintenance and Contractual Election Expenses.

Community
Development 6.0% $3,050,619
$3,139,373 $88,754
Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and Permit Software.

Finance, HR & Risk
Mgmt. 11.0% $5,119,562
$5,791,121 $671,559
Increase in Personnel Costs per MOU, CALPERS, Health Care and Significant increase in JPIA Liability Insurance.

Police 40.8% $20,956,138
$21,525,013 $568,875
Increase in personnel costs per MOU, CALPERS and Health Care.

Other increases Maint & Supply, increased contractual Srvs costs.

Public Works 14.6% $8,299,754
$7,710,316 ($589,438)
Increase in personnel costs per MOU, CALPERS and Health Care.

Other increases Maint & Supply, increased contractual Srvs costs.

Software in Capital Outlays.

Recreation 13.7% $7,272,762
$7,198,287 ($74,475)
Increase in personnel costs per MOU, CALPERS and Health Care.

Offset by decreases in Maint & Supply, Contact Srvs & Capitol Outlays.

Debt Service 2.0% $609,000 $1,074,849 $465,849 Increase in loan re-payment schedule.

Transfers 7.3% $1,899,887 $3,822,104 $1,922,217 Increase in Subsidy to Gas Tax, ROPS and Retiree Health.

Transfers for Reserve 0.4% $200,000 $200,000 $0 Yearly Transfer for Contingency.

Vacancy Savings Rate (4.7%) ($2,389,124) ($2,472,744) ($83,620) Applied 7.5% savings in FY 2026-2207 Total Expenditures 100% $50,060,167 $52,717,773 $2,657,605 23 ��
FY 2025-2026 Budget
All City Funds
24 ��
All City Funds
25 For FY 2026-2027, the proposed expenditures for all thirty-four (34) City funds is $73,511,670
Fund Type
(Number of Funds)
FY 2026-2027
Proposed Expenditures
General Fund (1) $52,717,773
Equipment Replacement Funds – General
Fund in ACFR (1)
$60,000
Special Revenue Funds (22) $17,071,700
Capital Project Funds (2) $262,431
Enterprise Funds (Water and Golf)(2) $2,994,966
Successor Agency Funds (6) $404,800
Total All City Funds $73,511,670
��
City of Bell Gardens
Q & A
��

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:Elizabeth Nava, Director of Recreation and Community Services SUBJECT:Consideration of a Resolution Approving a Community Partner Agreement with KABOOM!, Inc. for the Installation of New Play Equipment at Marlow Park DATE:May 11, 2026
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution approving a Community Partner Agreement with KABOOM!, Inc. for a new playground at Marlow Park.

BACKGROUND/DISCUSSION:

KABOOM!, Inc. (“Kaboom!”) is a non-profit organization that partners with various other organizations to build and install new playgrounds and play structures in high-need communities. In March 2026, Staff began the grant application process for a new playground at Marlow Park.

In order to obtain a new playground, Kaboom! requires that the City enter into a Community Partner Agreement so that it may seek funding partners. Kaboom! will provide funding through its funding partners for a basic installation of playground equipment, and the City is responsible for a match of $8,500 plus the cost of surfacing. Staff will return to Council for direction and final approval for plans and specifications, as well as installation of the surfacing for the playground.

Kaboom! playground projects heavily involve the use of volunteers for the installation of the equipment. The City is responsible for recruiting and coordinating approximately 60 volunteers to help with this process. Volunteers will work with professionals from Kaboom!’s partner organizations to build and install the playground equipment.

CONCLUSION:

Staff recommends approving this Resolution because the City will benefit greatly with this partnership with Kaboom!, as they will provide most of the funding for a brand new playground for our community to enjoy.

FISCAL IMPACT:
��
The City’s portion of this project includes the required match of Eight Thousand Five Hundred Dollars ($8,500) as well as the cost for the surfacing, which staff will return to Council for final approval once design is complete and surfacing estimates are received. Staff will request that general funds be appropriated from the FY 2026-27 Budget to cover the cost of the City’s portion of this project.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
RESOLUTION NO. 2026-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS APPROVING A COMMUNITY PARTNER AGREEMENT WITH
KABOOM!, INC. FOR THE CONSTRUCTION OF A NEW PLAYGROUND

AND INSTALLATION OF NEW PLAY EQUIPMENT AT MARLOW PARK
WHEREAS, KABOOM!, Inc. (“Kaboom!”) is a non-profit organization that partners with various other organizations to build and install new playgrounds and play structures in high-need communities; and
WHEREAS, in March 2026, the staff began the grant application process for a new playground at Marlow Park; and
WHEREAS, in order to obtain a new playground, Kaboom! requires that the City enter into a Community Partner Agreement so that it may seek funding partners; and WHEREAS, Kaboom will provide funding through its funding partners for basic installation of playground equipment and the City will be responsible for a match of $8,500 plus the cost for the surfacing; and
WHEREAS, the City Council desires to enter into a Community Partner Agreement with Kaboom!

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

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

SECTION 2.Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council approves the Community Partner Agreement with Kaboom!, and authorizes the City Manager to execute the Community Partner Agreement, which is attached hereto as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to execute the Community Partner with Kaboom! on the City’s behalf along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.
[Signatures on next page]
��
Resolution No. 2026-51
2 of 3
PASSED, APPROVED, and ADOPTED this 11th day of May, 2026.

THE CITY OF BELL GARDENS
_____________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
��
Resolution No. 2026-51
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on May 11, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Daisy Gomez
City Clerk
��

COMMUNITY PARTNER AGREEMENT
May 7, 2026
KABOOM!, Inc. (referred to herein as KABOOM!) is pleased that City of Bell Gardens (referred to herein as the Community Partner) has agreed to collaborate with KABOOM! and Funding Partner in the construction of a new play space at Marlow Park 6640 Marlow Ave, Bell Gardens, CA 90201 (the “Project”). For the purposes of this Agreement, Community Partner and KABOOM! may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to Community Partner and KABOOM!. This Community Partner Agreement (this “Agreement”), which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each Party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. The Community Partner acknowledges and agrees the primary source of funding for the Project is a contribution from the Funding Partner. In the event that such a contribution is not funded, then this agreement shall immediately terminate upon written notice thereof from KABOOM!.

1. Obligations of the Community Partner. The Community Partner shall work with KABOOM! and the Funding Partner as well as community residents to design, plan, and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KABOOM!:
(a) Contribution. In support of the Project, the Community Partner must contribute $8,500 to KABOOM!, which will apply the funds directly to the purchase of the equipment. KABOOM! will invoice the Community Partner for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Project’s Build Week (as defined below). (b) Project Site.
(i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KABOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the play space in its entirety, for the lifetime of the product, including the equipment and/or safety surfacing at the time purchased by KABOOM! with the financial resources provided by the Funding Partner.
(ii) Permits. Prior to Build Week, the Community Partner shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession, and use of the play space in compliance with applicable laws and regulations.
(iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) preparing the site for the installation of the Project at least two weeks before Build Week, which may include removing existing equipment, footers, and safety surfacing, grading the land, repairing existing surfacing and removing fencing (2) conducting up to two (2) utility checks as reasonably requested by KABOOM! with the appropriate utility companies, with the first test being completed before Design Day (as defined below) and with all utility check documentation provided upon completion to the KABOOM! Project Manager who shall supervise the planning and installation of the equipment (the “Project Manager”); and (3) conducting up to two (2) soil site tests as reasonably requested by KABOOM!, with the first test being completed before Design Day and with all soil check ��
documentation provided to the Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers.
(iv) Safety and Security. The Community Partner shall ensure the security of equipment, tools, supplies, and well-being of the adults and children from the beginning of the preparation activities until the conclusion of Build Week, including any postponement. The Community Partner shall also ensure that all volunteers sign a waiver and designate a CPR certified staff member or volunteer to serve as the safety leader onsite for the Build Week.
(v) Maintenance. Maintenance of the facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall collaborate with KABOOM! during the Project planning process to develop a maintenance program (a copy of which has been provided) for the play equipment and, with the support of the property owner (if owner is a separate Party), shall maintain the equipment and the property before and after the Build Week to ensure a safe and attractive play space.

It is also the responsibility of the Community Partner to ensure that no one enters the playground within 72 hours of the completion of the final Build Day. Anyone accessing and/or touching the playground within 72 hours of its completion could prevent the concrete from curing properly or the surfacing (if rubber) from setting properly, leading to long-term damage that would be the responsibility of the Community Partner to repair. In furtherance of the foregoing, in the event any equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for any reason, then the Community Partner promptly shall notify KABOOM! following its becoming aware of such situation and shall, at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the equipment (including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make such equipment available to children in the same manner contemplated as of the Build Week and maintain (or permit the Community Partner to maintain) such play equipment in accordance with the maintenance program. In addition, if applicable, the Community Partner shall accept and maintain engineered wood fiber as play equipment safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the play space. Guidance and materials for the purpose of developing a maintenance plan for the play space are available, upon request, from the play equipment and safety surfacing manufacturers.
(c) Design Day. The Community Partner agrees to host a KABOOM! facilitated Design Day event with at least twenty (20) adult volunteers and twenty (20) youth. Such adult volunteers shall remain engaged in the planning activities throughout the Project’s planning process. (d) Build Week. The Community Partner shall recruit up to 90 total community volunteers to participate in a 3- day volunteer installation event (to be comprised of 30 volunteers on Day 1, 10 volunteers on Day 2 and 50 volunteers on Day 3) scheduled to occur from a mutually agreed upon date, which is referred to herein as the Build Week. The Community Partner shall ensure that all volunteers sign a waiver (a copy of which has been provided). During the Build Week, the Community Partner shall provide food, water, tools, dumpsters, music, hand washing and/or hand sanitizing facilities, and restroom facilities for all volunteers on each day. (e) Promotion; Intellectual Property. The Community Partner shall seek prior approval from KABOOM! and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of them, the "Marks") of KABOOM! and/or the Funding Partner, including press releases, fliers, and promotional materials. The Community Partner acknowledges and agrees that each of KABOOM! and the Funding Partner is the sole owner of all rights, title, and interest in and to its respective Marks. The parties acknowledge that KABOOM! and the Funding Partner may take all steps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KABOOM! or the ��
Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner that would harm the reputation of KABOOM! or the Funding Partner or disparage or negatively reflect upon the Marks.

Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all use of the Marks. The Community Partner shall collaborate with KABOOM! and the Funding Partner to secure media coverage for the Project.
(f) Signage. The Community Partner shall allow the names and logos of KABOOM! and the Funding Partner to be displayed on permanent signage (a copy of which has been provided) and shall be no greater than 19 ½ inches wide by 30 ¼ inches tall and mounted on poles in a mutually agreed location. If applicable, the Community Partner shall allow individual instructional signs to accompany the equipment. (g) Costs. The Community Partner is solely responsible for and shall hold KABOOM! and the Funding Partner harmless from any costs incurred by the Community Partner for any prior site preparation, upgrades, or improvements, or any equipment or materials purchased to supplement those secured by KABOOM!. (h) Warranty. The equipment and the safety surfacing related to the Project may be covered under warranty by the applicable manufacturers (a copy of which has been provided). The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer’s terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither KABOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation, warranty, or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness for a particular purpose. (i) Insurance. The Community Partner is self-insured and is responsible for providing coverage for its own employees and against liability for bodily injury, death and property damage that may arise out of or be based on the use of the playground at “Community Partner location”, from 7 (seven) calendar days before the Build Day and for a minimum of one year afterward, in each case, in amounts not less than one million dollars ($1,000,000). This self-insurance shall be primary and non-contributing with any other insurance covering KABOOM! and its funding partners.

Indemnification.
(j) The Community Partner shall indemnify and hold harmless KABOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents, and representatives from any and all losses, liabilities, claims, actions, fees, and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending, or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, resulting from any actions taken by the Community Partner associated with this Project or resulting from the use of any play property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. (k) Data and Reporting. The Community Partner shall distribute and complete play-related surveys, provided by KABOOM!, to its stakeholders, including parents/caregivers, volunteers, and staff (i) promptly following the execution of this agreement (ii) 2 weeks following the completion of the Project (iii) 12 months after the completion of the Project. Additionally, the Community Partner shall use its reasonable efforts to provide KABOOM! with any other information related to the Project that KABOOM! may request. (l) Code of Conduct. The Community Partner agrees to comply with the build site rules (a copy of which has been provided). The Community Partner shall allow the build site rules to be displayed on site and communicate and enforce the build site rules for all participants in the Project's Design Day and Build Week events.
��

2. Obligations of KABOOM!.
(a) Project. KABOOM! shall provide technical and organizational leadership and guidance for the Project and shall:
(i) Coordinate Funding Partner participation, facilitate design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii) On the behalf of and in collaboration with the Community Partner, KABOOM! shall manage construction logistics for the Project, coordinate site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary small hand tools and materials and other general supplies are available on the Build Week; Lead the Build Week activities, including the coordination of Build Week volunteers.
(iii) Make available certain educational and promotional materials related to the Project. (b) Inspection. KABOOM!, in collaboration with the Community Partner, will secure an Installation Supervisor to review the structure at the conclusion of the Build Week to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the installation is not completed during the Build Week due to failure of the Community Partner, in which case the Community Partner shall secure the Installation Supervisor.
(c) Promotion. KABOOM! will provide proposed promotional materials relating to the Project for the Community Partner’s review and approval, which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KABOOM! will place the play space on its list of KABOOM! builds on the KABOOM! website, and KABOOM! will send information to the Community Partner on maintenance programming and enhancements.

3. Build Week Postponement.
(a) Public Health Compliance. KABOOM! will adhere to public health and safety guidelines as required. If health conditions do not allow project completion within close to the originally scheduled date, project will be rescheduled on a mutually agreed upon date or converted to a professional installation with no volunteers participating in building the play space.
(b) Weather or other conditions unrelated to Public Health. Build Week shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the play space. The decision to postpone the Build Week will be made by majority agreement of the representatives of KABOOM!, the Community Partner, and the Funding Partner, except where such decision must be made by KABOOM! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Week is postponed, KABOOM!, the Community Partner, and the Funding Partner shall develop a plan for rescheduling the Build Week at the next earliest date possible for each Party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Week, including, without limitation, equipment, labor and materials, storage and travel costs and expenses; provided, however, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Week. Notwithstanding the foregoing, in the event that the date of the Build Week is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KABOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Week.

4. Funding Partner Relations. KABOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition ��
materials developed for the Project, including signage, banners, T-shirts, press releases, website and newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KABOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition.

5. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KABOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either Party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such Party shall not be liable hereunder for such delay or failure and either Party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KABOOM! shall refund to the Community Partner any amounts paid to KABOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KABOOM! by the Community Partner exceeds the sum paid to KABOOM! hereunder, the Community Partner shall pay KABOOM! for any such additional sum due upon presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no Party shall have any liability to the other Party, except that nothing herein will relieve any Party from liability for any intentional breach of this Agreement prior to such termination.

6. General Provisions. The Community Partner represents to KABOOM! that all information provided by it to KABOOM!, including in the application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each Party has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder.

This Agreement may not be assigned or transferred by either Party without the prior written consent of the other Party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby.

This Agreement may be altered, modified, or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable Party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such Party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i), and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. ��
By executing this Community Partner Agreement where indicated below, each of KABOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above.

City of Bell Gardens
By: ______________________
Date:

Name: Michael B. O’Kelly
Title: City Manager
Address:
7100 Garfield Ave,
Bell Gardens, CA 90201
T: (562) 806 7700
e-mail: [email protected]
Approved as to form:

By: ______________________
Stephanie Vasquez, City Attorney
KABOOM!, Inc.

By: ______________________
Date:

Name:

Title:

Address:
7200 Wisconsin Avenue, Suite 400
Bethesda, MD 20814
T: (202) 464-
F: (202) 659-0210
e-mail:

Contact information from the Community Partner who should receive KABOOM! invoices:

Name:

Title:

Mailing Address:

Email Address:

Phone Number:
��

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:Elizabeth Nava, Director of Recreation and Community Services SUBJECT:Consideration of a Resolution Approving a Contract Services Agreement with Fireworks & Stage FX America, Inc. for the Bell Gardens Independence Day Fireworks Show
DATE:May 11, 2026
RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Adopt the attached Resolution authorizing the City Manager to execute a Contract Services Agreement with Fireworks & Stage FX America, Inc. for The Bell Gardens Independence Day Fireworks Show; and

2. Direct staff to amend the Agreement with TLC Creative to reschedule the Multimedia Laser Show to the Halloween/Dia De Los Muertos event, and authorize payment of the $2,500 rescheduling fee.

BACKGROUND/DISCUSSION:

The City of Bell Gardens (“City”) is currently in the final year of its Agreement with TLC Creative (“TLC”) for a Multimedia and Laser Show for the Independence Day event scheduled for July 2, 2026. On April 13, 2026, the City Council directed staff to explore the possibility of hosting a fireworks show for this year’s Independence Day Celebration, and to evaluate options for either cancelling or postponing the Multimedia Laser Show.

A Request for Proposals (“RFP”) for a Fireworks show on Thursday, July 2, 2026, was released on Wednesday, April 28, 2026, and two proposals were received. Proposals were reviewed and evaluated by City staff using the criteria set forth in the RFP, which included assessing each proposers’ comprehension of the RFP, overall qualifications, total proposed cost, and references. The proposer with the highest score was Fireworks & Stage FX America, Inc., which proposed a fireworks show for $23,000.

Staff also reached out to TLC to inquire about the City’s options for cancelling or rescheduling the Multimedia Laser Show. TLC provided the City with the following options:
��

1. Proceed as planned: Continue with the show as originally scheduled at no additional cost or fee, keeping the current contract total of $33,500 for this year.

2. Reschedule the show: Move the show to a later date for an additional fee of $2,500, bringing the total to $36,000.

3. Scaled-down integration: Include a scaled down portion of the Multimedia Laser Show to only include lasers and integrate it with the fireworks show for $17,000.

4. Full cancellation: Cancel the entire Multimedia Laser Show without rescheduling, subject to a cancellation fee of $26,000.

Staff recommends entering into a Contract Services Agreement with Fireworks & Stage FX America, Inc. for an Independence Day fireworks show on July 2, 2026, for an initial one-year term with the option of two one-year extensions, at an annual not-to-exceed amount of $23,000, and a potential total not-to-exceed amount of $69,000.for the potential 3 year term Considering the success of the Multimedia Laser Show at the City’s Halloween and Dia De Los Muertos event in 2025, staff further recommends amending the Agreement with TLC to reschedule the Multimedia Laser Show to this year’s Halloween event for a revised total of $36,000.

CONCLUSION:

Staff recommends entering into a Contract Services Agreement with Fireworks and Stage FX America, Inc. for an initial one (1) year term with the option of two (2) one-year extensions, and directing staff to amend the current Agreement with TLC to reschedule the Multimedia Laser Show to Halloween/Dia De Los Muertos and pay the $2,500 rescheduling fee for a revised total of $36,000.

FISCAL IMPACT:

The total fiscal impact to the City’s general fund budget for Fiscal Year 2026-2027 is $59,000, which includes the $36,000 to reschedule the Multimedia Laser Show to the Halloween/Dia De Los Muertos Event and $23,000 for the addition of the Independence Day Fireworks Show.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
RESOLUTION NO. 2026-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS APPROVING A CONTRACT SERVICES AGREEMENT WITH
FIREWORKS & STAGE FX AMERICA, INC. FOR THE BELL GARDENS

INDEPENDENCE DAY FIREWORKS SHOW
WHEREAS, the City of Bell Gardens (“City”) desires to host an Independence Day Fireworks Show celebration for its residents and community members on July 2, 2026; and
WHEREAS, pursuant to Bell Gardens Municipal Code Section 3.04.105, on April 28, 2026, the City released a Request for Proposals (“RFP”) for the Bell Gardens Independence Day Fireworks Show; and
WHEREAS, the City received two proposals responsive to the RFP by May 6, 2026; and
WHEREAS, City staff conducted a comprehensive review of the responsive proposals using the evaluation criteria specified in the RFP, which included each proposer's comprehension of the RFP, overall qualifications, total proposed cost, and references; and
WHEREAS, City staff determined that Fireworks & Stage FX America, Inc. is the most qualified proposer to perform the requested services based on its demonstrated understanding of the scope of work, its experience and expertise, and its competitive pricing, and
WHEREAS, Fireworks & Stage FX America, Inc. has proposed to provide the Independence Day Fireworks Show for an annual amount not-to-exceed $23,000, for an initial one-year term with the option of two additional one-year extensions; and WHEREAS, the City Council desires to enter into a Contract Services Agreement with Fireworks & Stage FX America, Inc.

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

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

SECTION 2.The City Council hereby approves a Contract Services Agreement for the Bell Gardens Independence Day Fireworks Show by and between the City and Fireworks & Stage FX America, Inc., which is attached to the staff report as Exhibit 2. ��
Resolution No. 2026-52
2 of 3
SECTION 3. The City Council further authorizes and directs the City Manager and staff to execute the Contract Services Agreement with Fireworks & Stage FX America, Inc. on the City’s behalf along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. The City Clerk shall 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 11th day of May, 2026.

THE CITY OF BELL GARDENS
_____________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
��
Resolution No. 2026-52
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on May 11, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Daisy Gomez
City Clerk
��

1 2026

CONTRACT SERVICES AGREEMENT
(Contractor: Fireworks & Stage F/X America, Inc.)
(Nature of Engagement: City of Bell Gardens Independence Day Fireworks Show)

THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 6 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and FIREWORKS & STAGE F/X AMERICA, 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 necessary to achieve its purpose; and

WHEREAS, CITY requires a customized and synchronized fireworks show for the City of Bell Gardens Independence Day Celebration on Thursday July 2, 2026 (“Event”); and

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

WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of May 11, 2026.

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

SECTION 1. SCOPE OF WORK.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with the required services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “Request for Proposals for the City of Bell Gardens Independence Day Fireworks Show” (hereinafter the “CITY RFP”) dated April 28, 2026 and the written proposal of CONTRACTOR entitled Fireworks & Stage FX America Proposal (hereinafter, the “CONTRACTOR PROPOSAL ”) dated May 7, 2026 . The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the CITY Scope of Work and the provisions of the CONTRACTOR Scope of Work, the requirements of CONTRACTOR Scope of Work shall govern and control but only as it relates to the Scope of Work and to the extent of conflict ��

2 or inconsistency , and no further. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agree ment shall govern and control.

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

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

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

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

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

SECTION 2. TERM.

A. This Agreement shall have a term of one (1) year commencing from the Effective Date (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one - year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

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

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

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

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

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

SECTION 3. PROSECUTION OF WORK.

A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY.

B. 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.

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

D. 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 the CONTRACTOR PROPOSAL.

B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of TWENTY-THREE THOUSAND DOLLARS ($23,000) (hereinafter, the “ Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work.

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

��

4 C. CITY shall pay CONTRACTOR Fifty Percent (50%) of the Annual Not -to-Exceed Sum within fourteen (14) working days of the Effective Date . Within thirty (30) calendar days of the Event final invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within thirty (30) calendar days of receipt of the Event final invoice, CITY shall pay all undisputed amounts included on the Event final 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;

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

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

C. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 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;

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 all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tas ks 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

a. 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 emp loyees, 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 d ays from the date of discovery or such other extended period of time authorized by the City Representative in writing in ��

5 the City Representative’s sole and absolute discretion.

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 emplo yees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation th at 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 Elizabeth Nava, Director of Recreation and Community Services (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative . For the purposes of this Agreement, Matthew Biolchino, Regional Manager, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all me ans, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.

SECTION 7. CONTRACTOR’S PERSONNEL.

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

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

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

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

SECTION 9. [RESERVED – NO TEXT]

SECTION 10. PROHIBITED INTERESTS . CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working ��

7 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 prese nt or anticipated material benefit arising therefrom.

SECTION 11. INDEPENDENT CONTRACTOR.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be sub jected 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 pr ovide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

��

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

SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplat ed by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition , genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applica nts 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 129 00 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 ba rgaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION. 14. INDEMNIFICATION.

9 related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additiona l 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 an d all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of i ts officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

D. CITY does not, and shall not; waive any rights that it may possess against ��

10 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 pol icies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.

E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

SECTION 15. INSURANCE.

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

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Five Million Dollars ($5,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

2. Automobile liability insurance . CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident.

3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance (with limits of at least One Million Dollars ($1,000,000)).

a. A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible ��

11 in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.

Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

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

C. 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 CONTR ACTOR’S expense, the premium thereon.

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

F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

��

12 I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers. CONTRACTOR shall submit to CITY a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 14 of this Agreement.

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

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

SECTION 16. RECORDS AND INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

SECTION 17. TERMINATION.

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

13 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 defau lt (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 bankr uptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreemen t; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the CONTRACTOR PROPOSAL.

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 obligate d to provide to CITY or CITY’s employees or agents under this Agreement.

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 o f 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 ��

14 within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrep resentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver o f 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 re quest 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.

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

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Part y 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 o ther remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and ��

15 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, bene fit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

SECTION 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing o f 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 ca used, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this ��

16 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 belo w, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Elizabeth Nava, Director of
Recreation and Community Services
Phone: 562-806-7700

Fireworks & Stage
F/X America, Inc.
12650 Highway 67 Ste FA
Lakeside, CA 92040
Attn: Matthew Biolchino, Regional
Manager
Phone: 714-875-0307

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

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

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

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

SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

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

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

[SIGNATURES ON FOLLOWING PAGE]
��

18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS, A MUNICIPAL

CORPORATION

By:

Michael B. O’Kelly
City Manager

Date:

FIREWORKS & STAGE F/X AMERICA,
INC.

By: ______________________________

Name:____________________________

Title:_____________________________

Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez
City Attorney

Date:

��

19 EXHIBIT “A”

CITY RFP

��

REQUEST FOR PROPOSALS

FOR

BELL GARDENS INDEPENDENCE DAY FIREWORKS SHOW

RFP Release Date
Tuesday, April 28, 2026

Proposal Submittal Deadline
5:00 p.m., Wednesday, May 6, 2026

Contact Person:

Elizabeth Nava, Director of Recreation and Community Services City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201
(562) 806-7650
[email protected]

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

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

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

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

IV. DEFINITIONS, TERMS, AND CONDITIONS ...................................................................4

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

VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS .......................................... 11

VII. EVALUATION CRITERIA .............................................................................................. 13

VII. ATTACHMENTS:

Attachment A - Acknowledgement of City’s Standard Form of Agreement Attachment B - Sample Contract Services Agreement

TABLE OF CONTENTS
��
3 The City of Bell Gardens (“City”) was incorporated on August 1, 1961 as a general law city, thus, it operates under the Council/Manager form of government . The five City Council members are elected at-large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy-making body. The Mayor position is shared among the Council members who select one another as Mayor annually . The City Council holds bi-monthly public meetings . The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles-Long Beach metropolitan area.

The City’s departments include Finance and Administration, City Clerk, Community Development, Police, Public Works, and Recreation and Community Services. Fire services are provided by the Los Angeles County Fire Department . The Recreation and Community Servies Department consists of various divisions, including Administration, Youth and Adult Sports, Parks and Afterschool Programs, Senior Services, Adaptive Recreation, Community Family Services Center, and Aquatics.

The City is seeking proposals from qualified Proposers with proven expertise to provide a customized and synchronized fireworks show for the City of Bell Gardens Independence Day Celebration on Thursday, July 2, 2026 . Please review this Request for Proposals (“RFP”) for the Bell Gardens Independence Day Fireworks Show outlining the range of services being sought to determine if you wish to submit a proposal for the requested services.

It is the intent of the City to select a single Contractor to provide the requested Independence Day Fireworks Show for the City of Bell Gardens ; however, the City reserves the right to select one or more Proposers to provide the required services. The City reserves the right to accept or reject any or all proposals received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error, or irregularity in any response. The City’s potential award of an agreement will n either be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the Contractor that presents an optimal balance of relevant experience, cost, quality of service, work history, and other factors , which the City may consider relevant and important in determining which proposal is best for the City.

Additionally, the City may, for any reason, decide to cancel the award of any agreement based on this RFP. The City reserves the right to cancel this RFP. There is neither a City obligation to respond to any responses submitted, nor is the City legally bound in any manner by the submission of a response. The City reserves the right to negotiate services and associated costs.

The term of the Contract Services Agreement will be for one (1) year with up to two (2) optional one-year extensions.

I. BACKGROUND AND GENERAL INFORMATION
��
4 An electronic version of the proposal shall be emailed to [email protected] and [email protected] no later than 5:00 p.m. on Wednesday, May 6, 2026. The subject line must read “ Bell Gardens Independence Day Fireworks Show Proposal.” If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Elizabeth Nava , Director of Recreation and Community Services , at [email protected]. The deadline for written questions and inquiries is Monday, May 4, 2026, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 a.m. to 6:00 p.m.

All times posted in Pacific Standard Time (PST).

The tentative schedule* for this RFP is as follows:

Release of RFP Tuesday, April 28, 2026
Deadline for Questions Monday, May 4, 2026, at 5:00 p.m.

Proposal Due Date Wednesday, May 6, 2026, at 5:00 p.m.

Proposer Interviews (if necessary) Thursday, May 7, 2026 **City Council Recommendation of Award Monday, May 11, 2026

*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids.

** Proposer must be available on Monday, May 11, 2026, in-person or virtually, for a possible presentation to the City Council.

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

II. SUBMITTAL PROCEDURES/DEADLINE
IV. DEFINITIONS, TERMS, AND CONDITIONS

III. SCHEDULE

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

B. Contract Services Agreement: A contract between the City and the selected Contractor to furnish professional services over a designated period.

C. Contractor: The selected qualified vendor, firm, company, o rganization, or individual offering a proposal in response to this RFP.

D. Proposer: A qualified vendor, firm, company, organization, or individual offering a proposal in response to this RFP.

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

2. Proposal General Terms and Conditions:

A. RFP General Conditions

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

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

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

Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal , and any information contained therein, may be disclosed by the City to interested members of the public, including other Proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal ��
6 which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “ Trade Secret,” or “Proprietary” shall be regarded as nonresponsive.

B. Proposal Validity

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

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

C. Electronic Documents

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

D. Receipt of Proposals

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

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

E. Alterations

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

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

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

��
7 F. City Representative and Communication

The Director of Recreation and Community Services is the designated “City Representative” for this RFP. Proposers must only communicate with the City Representative during the RFP submission and procurement process. Communications initiated by Proposers regarding this RFP with members of the City Council, or with officers, personnel, or employees of the City other than the City Representative , may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the City Representative as follows:

City of Bell Gardens
Attention: Elizabeth Nava, Director of Recreation and Community Services 8000 Park Lane
Bell Gardens, CA 90201
(562) 806-7650
Email: [email protected]

The City shall not be responsible for any verbal communication between any employee of the City and any Proposer outside of the communication procedures established in this RFP.

Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting Contract Services Agreement.

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

G. Reservations

The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of a Contract Services Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If a Contract Services Agreement is awarded, the award will be to the Contractor who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history , and other factors which the City may consider relevant and important in determining which proposal is best for the City.

Additionally, the City may, for any reason, decide not to award any Agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs. There is no guarantee that the City will award a Contract Services Agreement.

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

H. Reimbursements

Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for agreement discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a Proposer in response to this RFP. Whether or not a Proposer is awarded a Contract Services Agreement pursuant to this RFP, no Proposer shall be entitled to reimbursement for any costs or expenses associated with the Proposer’s participation in this RFP process.

Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.

I. Certification

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

J. Funding

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

K. Negotiations

Negotiations may be conducted with responsible Proposers who submit a proposal that is reasonably susceptible to being selected. All Proposers reasonably considered for selection based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Contract Services Agreement, the City reserves the right to negotiate a Contract Services Agreement with more than one Contractor.

L. Additional Information

During the proposal evaluation process, the City may request additional information or clarifications from Proposers regarding their proposals . The City also reserves the right to investigate the qualifications of the Proposers, as it deems appropriate.

M. Award of Contract Services Agreement

Upon conclusion of the RFP process, the Staff will recommend a Proposer to the City Council.

The Contractor will be required to enter into a Contract Services Agreement with the City. A copy of the City’s Contract Services Agreement is attached and incorporated as Attachment “B” as a sample for Proposers to review the terms and conditions prior to submitting a proposal. The proposal process, agreement negotiations and execution, and subsequent ��
9 actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work. The sample Contract Services Agreement (Attachment “B”) is not to be completed by Proposers.

3. Records and Audits

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

4. Labor Compliance

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

This request for proposals is for the Bell Gardens Independence Day Fireworks Show.

Contractor will be required to perform and complete the proposed scope of services in a thorough and professional manner, by providing all labor, materials, and supplies necessary to complete all work in a timely manner, in a way that will meet all the City’s requirements.

Contractor will perform the following scope of services within the City’s Veterans Park:

1. Firework Show Components
a. Proposer must be available to conduct firework show on Thursday, July 2, 2026 for Year One. If the Agreement is extended for the optional two one-year extensions, firework show will be conducted on a date mutually agreed upon in writing by City and Contractor.
b. Development and production of a 15–20-minute customized fireworks display The show must include but is not limited to:
i. A diverse array of effects and vibrant colors.
ii. A grand finale.
c. Synchronized Music
i. Provide synchronized music to accompany the fireworks show.

V. SCOPE OF WORK

��
10 ii. Music must be mutually agreed upon for the fireworks show. iii. The City will provide a sound technician to collaborate with the Contractor on announcements and music during the show.
d. Acquire all necessary equipment for the fireworks show, including the services of trained and licensed pyrotechnicians.
e. Conduct a pre-event set up and inspection of the show display site ensure compliance with all applicable safety protocols and permit conditions. f. Provide all necessary equipment for the safe conduct of the fireworks show, including but not limited to safety barriers, signage, and safety personnel in accordance with National Fire Protection Association code requirements. g. Post-Show Cleanup: Ensure removal of all debris and properly dispose of all debris and materials resulting from the display in accordance with environmental standards and regulations.

2. Administrative Components
a. Prior to the event, Contractor shall obtain all the required permits, licenses, and approvals required for the fireworks show including, but not limited to approvals from the Los Angeles County Fire Department and Federal Aviation Administration (FAA).

b. Location and Hours

i. The fireworks show will be held during the Bell Gardens Independence Day Celebration located at Veterans Park, 6662 Loveland Street, Bell Gardens, CA 90201, or at another suitable location in the City as mutually agreed upon in writing by the City and Contractor. The event will begin at approximately 6:00 p.m., with the fireworks show commencing at approximately 9:00 p.m. Contractor shall be permitted access to the display site in the days preceding the event to complete any necessary setup, pre-event inspection, etc.

3. Contractor’s staff
i. All services shall be performed by trained , certified, and supervised staff in a professional manner in conformance with standard and acceptable business and industry practices. All employees assigned by the Contractor shall be fully capable, experienced and trained in the work they are employed to perform.

They shall be physically able to do their work and be free from any communicable disease.
ii. Supervision: A supervisor shall be on the job at the work site at all times when work is being performed by the Contractor’s employees.

4. Proposal Price Sheet Line Item Cost
The selected Contractor will work directly with City event staff to coordinate the logistics required by each event. The Proposal Price Sheet shall include, but not be limited to, the following items:

a. A detailed breakdown for the show including total program fee for the fireworks display, permits, and any other associated costs.
��
11 b. A detailed inventory specifying the type and description of each aerial shell and pyrotechnic device, including total quantity and shell size (in inches).

The following instructions describe the form in which proposals must be submitted.

Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the required items will be considered incomplete and may be rejected.

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

The proposal must contain the following elements:

1. Transmittal Letter:

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

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

2. Methodology

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

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

3. Management and Staffing:

VI. PROPOSAL FORMAT AND CONTENT REQUIREMENT
��
12 Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any proposed subcontractors or subcontractors that are integral to the proposed team.

4. Minimum Qualifications, Prior Related Experience, and References

a. Proposers must demonstrate competence and capability to satisfactorily perform the scope of work. Proposers must have at least five (5) years of experience providing fireworks show display services in California. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that the firm and members of the Proposer’s project team possess the specific minimum experience, qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the Contract Services Agreement as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project/service summaries that highlight the team’s specific experience.

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

5. Additions or Exceptions:

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

6. Pending Litigation:

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

��
13 7. Insurance:

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

The award o f a Contract Services A greement will be made to the most qualified Proposer whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom it is proposed to make such an award.

If a Contract Services Agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that Proposer and enter negotiations with the next highest ranked Proposer.

Proposals will be reviewed and evaluated by City staff and will be ranked based on the following criteria:

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

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

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

• Experience of the Proposer
• Staffing and resources
• Required licensure and certifications from relevant authorities • Qualifications and experience of proposed personnel

3. Proposal Cost (Max Score: 30 Points)

This relates to the Proposer’s cost to provide the requested scope of services.

4. References (Max Score: 10 Points)

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

If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer. The VII. EVALUATION CRITERIA

��

interview p anel will be made up of staff members or representatives from the City.

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

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

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

The selected Contractor shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Contract Services Agreement.

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

��

ATTACHMENT “A”
ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT

I, the undersigned, certify that I, _________________________ [insert name] am the _________________________ [insert title] of _________________________ [insert firm name], the party making the proposal for award of a Contract Services Agreement for the BELL GARDENS INDEPENDENCE DAY FIREWORKS SHOW (“Proposer”) and, on behalf of the Proposer, hereby:

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

 As is, without qualifications or modifications.

 As modified by attachment. [Proposer to provide]

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

Executed this_____ day of _________, 2026 at ___________________________, California.

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

��

ATTACHMENT “B”

SAMPLE CONTRACT SERVICES AGREEMENT

��
1 2026

CONTRACT SERVICES AGREEMENT
(Contractor: __________)
(Nature of Engagement: _______________________)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2025 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and _________________ (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 qualified and experienced ______________________; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of ___________________.

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

SECTION 1. SCOPE OF WORK.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY ________________________. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “________________________” (hereinafter the “CITY RFP”) dated ______________, and the written proposal of CONTRACTOR entitled “______________________” (hereinafter, the “CONTRACTOR PROPOSAL”).

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

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

SECTION 2. TERM.

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

B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

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

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

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

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

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

SECTION 3. PROSECUTION OF WORK.

B. CONTRACTOR shall perform the work on July 2, 2026 for Year One of the Term.

The Parties shall mutually agree to a date for performance for Optional Years Two and Three.

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

SECTION 4. COMPENSATION.

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

B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of ____________________ ($_______) (hereinafter, the “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not- to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.

C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out-of-pocket ��
4 expenses incurred. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all 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.

A. CONTRACTOR represents, acknowledges and agrees as follows:

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

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

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

4. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq .). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urban Development;

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

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

7. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under ��
5 this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and

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

B. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

SECTION 6. REPRESENTATIVES.

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

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

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

SECTION 7. CONTRACTOR’S PERSONNEL.

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

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

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

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

SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of ��
7 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. [Reserved]
SECTION 10. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SECTION 11. INDEPENDENT CONTRACTOR.

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 ��
8 obligations under this Agreement.

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

SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

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

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12900 et seq .). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
��
9 SECTION. 14. INDEMNIFICATION.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

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

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

C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions ��
10 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.

SECTION 15. INSURANCE.

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

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented ��
11 vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident.

3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance (with limits of at least One Million Dollars ($1,000,000)).

4. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.

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

C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

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

I. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.

J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

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

N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special ��
13 circumstances.

SECTION 17. TERMINATION.

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

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this 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 ��
14 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 set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

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

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

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

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.

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 ��
16 custom, estoppel, or otherwise.

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

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

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
___________________
___________________
___________________
Attn: _______________
Phone: _____________
SECTION 20. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

SECTION 22. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the ��
17 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. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

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

SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
��
18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS, a municipal
corporation
By:

Michael B. O’Kelly
City Manager
Date:
_________________
By: ______________________________
Name:____________________________
Title:_____________________________
Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez
City Attorney
Date:
��
19 EXHIBIT “A”

CITY RFP
��
20 EXHIBIT “B”

CONTRACTOR PROPOSAL
��

Page 1 of 1 ends

REQUEST FOR PROPOSALS
FOR

BELL GARDENS INDEPENDENCE DAY FIREWORKS SHOW

RESPONSE TO REQUESTS FOR INFORMATION (RRFI) NO. 1
May 5, 2026

item
No RFI Response

Page 10 ends

contractor or is the city responsible for securing the fallout zone and providing safety personnel? It reads that the contractor is responsible for safety barriers, signage and safety personnel. The state required fallout zone goes beyond the baseball field fence and will require some type of barricade to keep the general public out.

The Contractor is responsible for securing the fallout one and providing safety personnel.

Page 10 ends

states removal of all debris. We will do our due diligence to get what we can but I can guarantee you there will be debris left behind on the grass. Can this be reworded so the city
acknowledges there will be some debri left behind?

The City is willing to amend the language in the agreement to state that the City’s expectation is that all visible debris would be removed by the contractor.

Page 19 ends

Will the City pay a 50% deposit before the show and the remaining 50% NET 10 days after the show?

The City agrees to pay a 50% deposit before the show. For the remaining balance, the City’s practice is to pay the unstipulated amount within 45 calendar days.

��

20 EXHIBIT “B”

CONTRACTOR PROPOSAL

��

May 7th 2026

Elizabeth Nava
Director of Recreation and Community Services
City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201

Dear Ms. Nava,

Thank you for taking the time to reach out to us for a proposal for your 2nd of July celebration.

Enclosed you will find our proposal for a 16 minute display at Bell Gardens Veterans Park.

The show we are proposing is a high energy fast paced show guaranteed to thrill the crowd and get the most oohs and ahhs you have ever heard! There certainly will not be any dead air or slow parts in this show.

From large hour long displays to small intimate wedding/high school shows. Theatrical pyrotechnics for concerts, plays, and sporting events. Fireworks America has been in business for over 30 years and has done them all!

Our most important show is your show. When we walk away from the City of Bell Gardens, we want you to know who your vendor will be for the next decade.

We do hundreds of displays every year. We are honored with the opportunity to add the City of Bell Gardens as of our satisfied clients.

I have read the RFP and Services Agreement thoroughly. I have also reviewed RRFI No1.

Thank you again for the opportunity to entertain your fellow citizens with effects, looks and a show like they have never seen before! We do not just say the difference is quality we show you! I will be your point of contact moving forward with anything you may need. You can reach me at 714- 875-0307. Your show will be managed by Matt Biolchino out of our Cypress, CA office.

Fireworks America sees no conflict of interest, nor do we have any existing working relationships with any city employees or council members.

Thank you again for reaching out to us and giving us the opportunity to work together to provide the City of Bell Gardens with a world-class show.

Respectfully,

Matt Biolchino
[email protected]
“The Difference is Quality”

UPDATED
��
City of Bell Gardens Second of July Celebration Firework ShowA pproach: Fireworks America will approach your show with the upmost safety conscious and professionals in the business. From the time the truck arrives on July 2nd to when the last person finishes celebrating seeing a wonderful show. Fireworks America has already been working diligently behind the scenes to choreograph your show, obtain permits, obtain insurance and coordinate it all together. The operator is tasked with putting on a top-notch display for you. From setting up all equipment in a safe manner and per regulations, to making sure the show is ready ahead of time so you can relax and know you are in good hands.

Fireworks America understands what it takes to put a show of this caliber on. We understand the expectations of the RFP and what you are requiring. Not only timeline wise but also what is expected of us to keep the process flowing smoothly.

Methodology/Work Plan: Long before the truck arrives on July 2nd our team has been hard at work, applying for all the necessary permits and clearances, creating your custom soundtrack, getting your approval on the soundtrack, supplying you with an MP3 or however many CD’s you may need, choreographing your one of a kind show and attending pre-show meetings. Once the truck arrives, the licensed operator will have a safety meeting to go over all aspects of the day’s work and necessary precautions to take with vehicles and equipment. All equipment will be assembled for show in their proper place. This gives the team and the fire department a good lay of the land so everybody knows where everything is located.

The show will be fully loaded, continuity checked and ready for show by 7:30pm.

During the show only minimum required personal will be in the fallout zone. After the show has concluded and the roar of the crowd has died down tear down will begin. Fireworks America will remove all equipment used to produce the display, wires, large pieces of debris and anything else that we brought with us.

Fireworks America will follow up with you in the days after the 4th of July to see how everything went from your perspective. Talk about aspects of the show maybe you did not like and the parts you really enjoyed. This is important because the only way we can improve each year and continue to bring Bell Gardens an over the top new show is communication.

Project Schedule: Once we are selected as your project vendor a more detailed schedule can be created after meeting with the city and all other parties involved to make sure the timeline is realistic and fits with all others needs for required information. The schedule at this time follows.

March of each year your custom soundtrack is created and sent to you for approval.

April of each year your show is choreographed.

In May all necessary permits and insurance are applied for. Once we have received all necessary paperwork we will notify you and pass along all information the city requires for the event.

End of June of each year. Our licensed operator will reach out to you (if they are unable to attend any possible meeting but a company representative will attend the meeting if there is one) to go over the schedule of events one last time leading up to the 2nd.

Team Organization: Your main Project Manager is Matt Biolchino. He is located just around the corner in Orange County in the city of Cypress. He is responsible for answering all questions, gathering all requested information and attending site meetings. He will coordinate with the city up to the 2nd of July. His contact number is 714-875-0307. Matt will also coordinate obtaining your insurance and permits.
��
Y
our Alternate Project Manager is Sol Greenlaw. Sol is our General Manager. She is available in case Matt is pulled away unexpectedly to take over where Matt has left off in coordinating your event. Her contact number is 619-938-8277. Sol will be kept up to date along the way so if need be, it will be a seamless transition.

Related Experience: Fireworks America has been putting on 4th of July displays for over 30 years.

Based right here in California with our corporate headquarters in Lakeside. We produce hundreds of displays every year for every type of event, private party, corporate party, concerts and homecomings just to name a few. Chances are if you can have fireworks or any type of special effects at it, we have done it.

transported as a higher class explosive device that carries more restrictions and requirements.

All of these things just described carry higher cost with them. The cost of adding 10 inch shells doesn't outweigh what you will get in return on you show. transported as a higher class explosive device that carries more restrictions and requirements.

All of these things just described carry higher cost with them. The cost of adding 10 inch shells dosn't outweigh what you will get in return on you show. transported as a higher class explosive divec thta carries more restrictions and requirments. All ofthese things jdut described carry highe rcost with them. ��
The following references are all 4th of July shows and all are of a large scale display such as yours.

We encourage you to call our references and check us out. You can then select us as your vendor knowing with confidence that virtually every aspect of your display will be handled by the best- qualified professionals in the industry.

References:

City of Los Alamitos. Matt Biolchino is the project manager.

Contact info for the City of Los Alamitos is Jennifer Sisoev, Recreation Manager, 562-430-1073, [email protected]. 10911 Oak St. Los Alamitos, CA 90720 City of Cypress. Matt Biolchino is the project manager.

Contact info for the City of Cypress is Courtney Powers, Recreation and Community Services Manager, 714-229-6789, [email protected], 5700 Orange Ave, Cypress, CA 90630 City of Lakewood. Matt Biolchino is the project manager.

Contact info for Lakewood is Joe Vasquez, Community Services Manager, 562-866-9771, [email protected] . 5050 Clark Ave., Lakewood CA 90712 ��

ATTACHMENT “A”
ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT

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

As is, without qualifications or modifications.

 As modified by attachment. [Proposer to provide]

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

Executed this_____ day of _________, 2026 at ___________________________, California.

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

X
��
City of Bell Gardens
Presents
Celebrate Freedom
A Fireworks Extravaganza
July 2nd, 2026
Produced by
"The Difference Is Quality"
��
City of Bell Gardens
Celebrate Freedom
July 2nd, 2026
Bombardments Price
Program A
A Total Cost
25 Shot 14 Total Program Price Inclusive of
49 Shot 15 Insurance, Operator, Transportation
250 Shot 5 & LA County Fire Permits.
300 Shot 5
600 Shot 7
Aerial Grand Finale
600 Shot Bombardments
2 Totals
Cakes 9235
Grand Total
9235
Running Time in Minutes

16.0 Program
$23,000.00
��
City of Bell Gardens
Show Concept, Services List,
and Miscellaneous Details
Services List:

Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Sound System and Playback 4) Insurance Aggregate amount of 4) Adequate Permit Time as $6,000,000 (Combined Single Limits) listed below.
5) Worker's Compensation Insurance 5) Suitable Restroom and Handwash (Statute) facilities for the crew
6) Sound Track 6) Create and Secure the Fall Out Zone 7) Choreography The Zone will be Secured from set up
8) Permit Fees time until FA has vacated the
9) Standby Firefighter Fees premises.
10) Proof of Certified/Licensed Technician
Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.

Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.

Please plan your show accordingly.

FA to provide NOTAM or evidence that a NOTAM is not required.

FA will provide LA County Fire Notification Form for PD and City Signatures.

Operators and Assistants:

Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.

Continued
City of Bell Gardens to Provide:
��
Payment Terms:

Method of Discharge:

Choreography:

Post Show Cleanup
Fireworks America will remove all spent bombardments and inserts. As well as rake the setup area (location where bombardments where placed). City acknowledges there will be debris left behind after FA has vacated the premises.

The program will be choreographed utilizing the latest innovation in computerized- fireworks choreography. This will allow maximum accuracy in firing and timing of the display. The fireworks will follow the music precisely and provide an exhilarating experience for the viewer.
ignitor for precise timing. Fireworks America will provide the firing panel, cable, distribution system and power for the show.
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 30 Days After Display.

The show will be fired electrically. Each fireworks event will have its own ignitor for ��
��
��
��
��
/0 /1 /2 /3 /4/5 /2 /6 /7 □ /9 □ /7 /10 /11 /12 /3 □ /0 /13 □ /11 /14 /3 /2 /1 /15 /11 /16 □ /17 /17 /15 /18 /19 /20 /21 /22 □ /24 /25 □ /26 /27 /1 /28 /28 /29 /30 □ /31 /32 /33 /30 □ /34 /35 /20 /36 /19 /37 /36 /19 /35 /19 /26 /38 /25 /39 /40 /41 /42 /43 /40 /44 □ /24 /25 /44 □ /45 /19 /35 /20 /35 /46 /35 /20 /21 /21 /3 /47 /48 /49 /50 /32 /33 /49 /51 /52 □ /31 /32 /33 /30 □ /34 /35 /26 /36 /37 /35 /36 /19 /35 /19 /27 /26 /18 /45 /45 /37 /21 /21 /19 /27 /27
/17 /49 /53 /30 /52 /28 /30 /30 □ /34
/54 /55 /56 □ /57 /58 /59 /60 /61 /62 □ /64 /61 /65 /66 /60 /67 /68 □ /69 □ /70 /71 /72 /71 /73 /67 /60 □ /74 /75 /76 /56 /77 /78 /76 /79 /80 □ /38 /75 /81 /56 /82 /80 /56 □ /75 /80 □ /75/80 /80 /83 /56 /84 □ /85 /78 □ /85 /55 /56 □ /86 /87 /78 /88 /56 □ /38 /75 /81 /56 /82 /80 /56 /56 □ /87 /89 □ /85 /55 /56 □ /24 /86 /90 /75 /91 /78 /76 /82 /75 /86 □ /92 /91 /91 /75 /81/56 □ /78 /91 □ /85 /55 /56 □ /41 /85 /86 /85 /56 □ /74 /75 /76 /56 □ /93 /86 /76 /80 /55 /86 /90 □ /86 /82 /84 □ /94 /86 /89 /87 /56 □ /76 /56 /88 /78 /79 /56 /84 □ /78 /76 □ /80 /83 /80 /95 /56 /82 /84 /56 /84 □ /91/78 /76 □ /56 /76 /76 /78 /76 /80 □ /78 /76 □ /91 /78 /76 □ /95 /76 /78 /88 /75 /84 /75 /82 /96 □ /75 /82 /81 /78 /76 /76 /56 /81 /85 □ /75 /82 /91 /78 /76 /94 /86 /85 /75 /78 /82 □ /95 /76/78 /88 /75 /84 /56 /84 □ /97 /98 □ /100 /101 /102 □ /103 /104 /104 /105 /106 /107 /103 /108 /100 □ /109 /110 □ /107 /109 /111 /104 /103 /108 /98 □ /110 /102 /104 /110 /102 /112 /102 /108 /100 /103 /100 /106 /113 /102 /112 /114 □ □ /115 /101 /106 /112 □/105 /106 /107 /102 /108 /112 /102 □ /116 /109 /102 /112 □ /108 /109 /100 □ /112 /102 /110 /113 /102 □ /103 /112 □ /109 /110 □ /104 /110 /109 /113 /106 /116 /102 □ /103 /108 /98 □ /117 /103 /110 /110 /103 /108 /100 /106 /102 /112□ /109 /110 □ /96 /83 /86 /76 /86 /82 /85 /56 /56 /80 □ /78 /91 □ /81 /78 /82 /85 /75 /82 /83 /56 /84 □ /90 /75 /81 /56 /82 /80 /83 /76 /56 □ /86 /82 /84 □ /75 /80 □ /80 /83 /87 /118 /56 /81 /85 □ /85 /78□ /75 /82 /88 /56 /80 /85 /75 /96 /86 /85 /75 /78 /82 /119 /42 /80 /80 /83 /56 /84 □ /120 /89 □ /24 /78 /76 /85 /82 /56 /89 □ /121/86 /90 /79 /56 /76 /74 /75 /76 /56 □ /40 /82 /96 /75 /82 /56 /56 /76 /75 /82 /96 □ /38 /75 /81 /56 /82 /80 /56 □ /93 /86 /82 /86 /96 /56 /76 /74 /75 /76 /56 □ /40 /82 /96 /75 /82 /56 /56 /76 /75 /82 /96 □ /86 /82 /84 □ /42 /82 /88 /56 /80 /85 /75 /96 /86 /85 /75 /78 /82 /80 □ /43 /75 /88 /75 /80 /75 /78 /82 /122 /56 /88 /75 /56 /77 /56 /84 □ /86 /82 /84 □ /25 /95 /95 /76 /78 /88 /56 /84 □ /120 /89 □ /24 /86 /90 /56 /87 □ /123 /55 /75 /90 /90 /75 /95 /80 /123 /76 /78 /96 /76 /86 /94 □ /24 /78 /78 /76 /84 /75 /82 /86 /85 /78 /76 /74 /75 /76 /56 □ /40 /82 /96 /75 /82 /56 /56 /76 /75 /82 /96 □ /86 /82 /84 □ /42 /82 /88 /56 /80 /85 /75 /96 /86 /85 /75 /78 /82 /80 □ /43 /75 /88 /75 /80 /75 /78 /82 /92 /74 /74 /42 /24 /40 □ /92 /74 □ /54 /124 /40 □ /41 /54 /25 /54 /40 □ /74 /42 /122 /40 □ /93 /25 /122 /41 /124 /25 /38 /123 /90 /56 /86 /80 /56 □ /88 /75 /80 /75 /85 □ /81 /86 /90 /91 /75 /76 /56 /119 /96 /78 /88 /94 /78 /85 /83 /80 /119 /78 /76 /96 □ /91 /78 /76 □ /94 /78 /76 /56 □ /75 /82 /91 /78 /76 /94 /86 /85/75 /78 /82 □ /78 /82 □ /90 /75 /81 /56 /82 /80 /75 /82 /96 □ /86 /82 /84 □ /95 /56 /76 /94 /75 /85 /85 /75 /82 /96 □ /77 /75 /85 /55 □ /24 /25 /38 □ /74 /42 /122 /40 /125 /29 /126 /127 /49 /53 □ /31 /49 /28 /48 /127 /32 /128 □ /129 □ /12 /30 /52 /30 /50 /32 /127 /17 /1 /15 /3 /130 /7 /3 □ /130 /131 /14 /132 /3 /2 /34 /12 /125 /31 /129 /133 /134 /135 /136 /0 /5 /2
/0 /1 /2 /3 /4/5 /2 /6 /7 □ /17 /1 /15 /3 /130 /7 /3
/137 /138 /139 /140 /141 /142 /143 □ /145 /146 /147 /148 /149 /150/142 /151 /138 /148 /146 /152 /31 /49 /28 /48 /127 /32 /128 □ □ /11 /153 /153 /50 /30 /28 /28 /15 /49 /33 /128 /154 /49 /48 /15 /51 /29 /52 /33 /128 /155 /25 /122 /42 /92 /156 /41 /155 /25 /122 /42 /92 /156 /41 /35 /35 /35 /35 /35 □ /156 /41 /25 /57 /67 /157 /71 □ /158 □ /159 /160 □ /161
��
/0 /1 /2 /3 /4/5 /2 /6 /7 □ /9 □ /7 /10 /11 /12 /3 □ /0 /13 □ /11 /14 /3 /2 /1 /15 /11 □ /16 /16 /15 /17 /18 /19 /20 /21 □ /23 /24 □ /25 /26 /1 /27 /27 /28 /29 □ /30 /31 /32 /29 □ /33 /34 /19 /35 /18 /36 /35 /18 /34 /18 /25 /37 /24 /38 /39 /40 /41 /42 /39 /43 □ /23 /24 /43 □ /44 /18 /34 /19 /34/3 /45 /46 /47 /48 /31 /32 /47 /49 /50 □ /30 /31 /32 /29 □ /33 /34 /25 /35 /36 /34 /35 /18 /34 /18 /26 /51 /52
/16 /47 /53 /29 /50 /27 /29 /29 □ /33
/54 /55 /56 □ /57/58 /59 /60 /61 /62 /63 /60 /61 /64 □ /65 /66 /67 /56 /68 /69 /67 /70 /71 □ /37 /66 /72 /56 /51 /71 /56 □ /66 /71 □ /66 /71 /71 /73 /56 /74 □ /75 /69 □ /75 /55 /56 □ /52/76 /69 /77 /56 □ /37 /66 /72 /56 /51 /71 /56 /56 □ /76 /78 □ /75 /55 /56 □ /23 /52 /79 /66 /80 /69 /67 /51 /66 /52 □ /81 /80 /80 /66 /72 /56 □ /69 /80 □ /75 /55 /56 □ /40 /75 /52 /75 /56□ /65 /66 /67 /56 □ /82 /52 /67 /71 /55 /52 /79 □ /52 /51 /74 □ /83 /52 /78 /76 /56 □ /67 /56 /77 /69 /70 /56 /74 □ /69 /67 □ /71 /73 /71 /84 /56 /51 /74 /56 /74 □ /80 /69 /67 □ /56 /67 /67 /69 /67 /71 □ /69/67 □ /80 /69 /67 □ /84 /67 /69 /77 /66 /74 /66 /51 /85 □ /66 /51 /72 /69 /67 /67 /56 /72 /75 □ /66 /51 /80 /69 /67 /83 /52 /75 /66 /69 /51 □ /84 /67 /69 /77 /66 /74 /56 /74 □ /76 /78 □ /75/55 /56 □ /86 /87 /87 /88 /89 /90 /86 /91 /92 □ /94 /95 □ /90 /94 /96 /87 /86 /91 /97 □ /95 /98 /87 /95 /98 /99 /98 /91 /92 /86 /92 /89 /100 /98 /99 /101 □ □ /102 /103 /89 /99 □ /88 /89 /90 /98 /91 /99 /98□ /104 /94 /98 /99 □ /91 /94 /92 □ /99 /98 /95 /100 /98 □ /86 /99 □ /94 /95 □ /87 /95 /94 /100 /89 /104 /98 □ /86 /91 /97 □ /105 /86 /95 /95 /86 /91 /92 /89 /98 /99 □ /94 /95 □ /106 /107 /86/95 /86 /91 /92 /98 /98 /99 □ /69 /80 □ /72 /69 /51 /75 /66 /51 /73 /56 /74 □ /79 /66 /72 /56 /51 /71 /73 /67 /56 □ /52 /51 /74 □ /66 /71 □ /71 /73 /76 /108 /56 /72 /75 □ /75 /69 □ /66 /51 /77 /56 /71 /75 /66 /85 /52 /75/66 /69 /51 /109 /41 /71 /71 /73 /56 /74 □ /110 /78 □ /23 /69 /67 /75 /51 /56 /78 □ /111/52 /79 /70 /56 /67 /65 /66 /67 /56 □ /39 /51 /85 /66 /51 /56 /56 /67 /66 /51 /85 □ /37 /66 /72 /56 /51 /71 /56 □ /82 /52 /51 /52 /85 /56 /67 /65 /66 /67 /56 □ /39 /51 /85 /66 /51 /56 /56 /67 /66 /51 /85 □ /52 /51 /74 □ /41 /51 /77 /56 /71 /75 /66 /85 /52 /75 /66 /69 /51 /71 □ /42 /66 /77 /66 /71 /66 /69 /51 /112 /56 /77 /66 /56 /68 /56 /74 □ /52 /51 /74 □ /24 /84 /84 /67 /69 /77 /56 /74 □ /110 /78 □ /23 /52 /79 /56 /76 □ /113 /55 /66 /79 /79 /66 /84 /71 /113 /67 /69 /85 /67 /52 /83 □ /23 /69 /69 /67 /74 /66 /51 /52 /75 /69 /67 /65 /66 /67 /56 □ /39 /51 /85 /66 /51 /56 /56 /67 /66 /51 /85 □ /52 /51 /74 □ /41 /51 /77 /56 /71 /75 /66 /85 /52 /75 /66 /69 /51 /71 □ /42 /66 /77 /66 /71 /66 /69 /51 /81 /65 /65 /41 /23 /39 □ /81 /65 □ /54 /114 /39 □ /40 /54 /24 /54 /39 □ /65 /41 /112 /39 □ /82 /24 /112 /40 /114 /24 /37 /84 /79 /56 /52 /71 /56 □ /77 /66 /71 /66 /75 □ /72 /52 /79 /80 /66 /67 /56 /109 /85 /69 /77 /83 /69 /75 /73 /71 /109 /69 /67 /85 □ /80 /69 /67 □ /83 /69 /67 /56 □ /66 /51 /80 /69 /67 /83 /52 /75/66 /69 /51 □ /69 /51 □ /79 /66 /72 /56 /51 /71 /66 /51 /85 □ /52 /51 /74 □ /84 /56 /67 /83 /66 /75 /75 /66 /51 /85 □ /68 /66 /75 /55 □ /23 /24 /37 □ /65 /41 /112 /39 /4/115 /49 /116 /29 /27 /31 /116 /29 /48
/16 /1 /15 /3 /117 /7 /3 □ /117 /118 /14 /119 /3 /2 /33 /4/120 /121 /121 /122 /123 /0 /5 /2
/0 /1 /2 /3 /4/5 /2 /6 /7 □ /16 /1 /15 /3 /117 /7 /3
/124 /63 /125 /61 □ /127 □ /59 /128 □ /127
��
/0 /1 /2 /3 /4/5 /2 /6 /7 □ /9 □ /7 /10 /11 /12 /3 □ /0 /13 □ /11 /14 /3 /2 /1 /15 /11 /16 □ /17 /17 /15 /18 /19 /20 /21 /22 □ /24 /25 □ /26 /27 /1 /28 /28 /29 /30 □ /31 /32 /33 /30 □ /34 /35 /20 /36 /19 /20 /36 /19 /35 /19 /26 /37 /25 /38 /39 /40 /41 /42 /39 /43 □ /24 /25 /43 □ /44 /19 /35 /20 /35 /45 /35 /20 /21 /21 /3 /46 /47 /48 /49 /32 /33 /48 /50 /51 □ /31 /32 /33 /30 □ /34 /35 /26 /36 /52 /35 /36 /19 /35 /19 /27 /26 /18 /44 /45 /44 /52 /21 /45 /21 /19 /27 /27
/17 /48 /53 /30 /51 /28 /30 /30 □ /34
/54 /55 /56 □ /57 /58 /59 /60 /61 /62 /63 /61 /64 /65 /66 /59 /60 /61 /62 /63 /61 □ /67 /68 /69 /56 /70 /71 /69 /72 /73 □ /37 /68 /74 /56 /75 /73 /56 □ /68 /73 □ /68 /73 /73 /76 /56 /77 □ /78/71 □ /78 /55 /56 □ /79 /80 /71 /81 /56 □ /37 /68 /74 /56 /75 /73 /56 /56 □ /80 /82 □ /78 /55 /56 □ /24 /79 /83 /68 /84 /71 /69 /75 /68 /79 □ /85 /84 /84 /68 /74 /56 □ /71 /84 □ /78 /55/56 □ /40 /78 /79 /78 /56 □ /67 /68 /69 /56 □ /86 /79 /69 /73 /55 /79 /83 □ /79 /75 /77 □ /87 /79 /82 /80 /56 □ /69 /56 /81 /71 /72 /56 /77 □ /71 /69 □ /73 /76 /73 /88 /56 /75 /77 /56 /77 □ /84 /71 /69 □ /56 /69 /69/71 /69 /73 □ /71 /69 □ /84 /71 /69 □ /88 /69 /71 /81 /68 /77 /68 /75 /89 □ /68 /75 /74 /71 /69 /69 /56 /74 /78 □ /68 /75 /84 /71 /69 /87 /79 /78 /68 /71 /75 □ /88 /69 /71 /81 /68 /77 /56 /77□ /80 /82 □ /78 /55 /56 □ /90 /91 /91 /92 /93 /94 /90 /95 /96 □ /98 /99 □ /94 /98 /100 /91 /90 /95 /101 □ /99 /102 /91 /99 /102 /103 /102 /95 /96 /90 /96 /93 /104 /102 /103 /105 □ □ /106 /107 /93 /103 □ /92 /93 /94 /102 /95 /103 /102□ /108 /98 /102 /103 □ /95 /98 /96 □ /103 /102 /99 /104 /102 □ /90 /103 □ /98 /99 □ /91 /99 /98 /104 /93 /108 /102 □ /90 /95 /101 □ /109 /90 /99 /99 /90 /95 /96 /93 /102 /103 □ /98 /99 □ /110 /111 /90/99 /90 /95 /96 /102 /102 /103 □ /71 /84 □ /74 /71 /75 /78 /68 /75 /76 /56 /77 □ /83 /68 /74 /56 /75 /73 /76 /69 /56 □ /79 /75 /77 □ /68 /73 □ /73 /76 /80 /112 /56 /74 /78 □ /78 /71 □ /68 /75 /81 /56 /73 /78 /68 /89 /79 /78/68 /71 /75 /113 /41 /73 /73 /76 /56 /77 □ /114 /82 □ /24 /71 /69 /78 /75 /56 /82 □ /115/79 /83 /72 /56 /69 /67 /68 /69 /56 □ /39 /75 /89 /68 /75 /56 /56 /69 /68 /75 /89 □ /37 /68 /74 /56 /75 /73 /56 □ /86 /79 /75 /79 /89 /56 /69 /67 /68 /69 /56 □ /39 /75 /89 /68 /75 /56 /56 /69 /68 /75 /89 □ /79 /75 /77 □ /41 /75 /81 /56 /73 /78 /68 /89 /79 /78 /68 /71 /75 /73 □ /42 /68 /81 /68 /73 /68 /71 /75 /116 /56 /81 /68 /56 /70 /56 /77 □ /79 /75 /77 □ /25 /88 /88 /69 /71 /81 /56 /77 □ /114 /82 □ /24 /79 /83 /56 /80 □ /117 /55 /68 /83 /83 /68 /88 /73 /117 /69 /71 /89 /69 /79 /87 □ /24 /71 /71 /69 /77 /68 /75 /79 /78 /71 /69 /67 /68 /69 /56 □ /39 /75 /89 /68 /75 /56 /56 /69 /68 /75 /89 □ /79 /75 /77 □ /41 /75 /81 /56 /73 /78 /68 /89 /79 /78 /68 /71 /75 /73 □ /42 /68 /81 /68 /73 /68 /71 /75 /85 /67 /67 /41 /24 /39 □ /85 /67 □ /54 /118 /39 □ /40 /54 /25 /54 /39 □ /67 /41 /116 /39 □ /86 /25 /116 /40 /118 /25 /37 /117 /83 /56 /79 /73 /56 □ /81 /68 /73 /68 /78 □ /74 /79 /83 /84 /68 /69 /56 /113 /89 /71 /81 /87 /71 /78 /76 /73 /113 /71 /69 /89 □ /84 /71 /69 □ /87 /71 /69 /56 □ /68 /75 /84 /71 /69 /87 /79 /78/68 /71 /75 □ /71 /75 □ /83 /68 /74 /56 /75 /73 /68 /75 /89 □ /79 /75 /77 □ /88 /56 /69 /87 /68 /78 /78 /68 /75 /89 □ /70 /68 /78 /55 □ /24 /25 /37 □ /67 /41 /116 /39 /1 /119 /47 /50 /49 /33 /30 /49 /120 /3 /46 /47 /50 /49 /33 /30 /49 /17 /1 /15 /3 /121 /7 /3 □ /121 /122 /14 /123 /3 /2 /34 /1 /120 /3 /124 /125 /125 /126 /127 /0 /5 /2
/0 /1 /2 /3 /4/5 /2 /6 /7 □ /17 /1 /15 /3 /121 /7 /3
/128 /129 /130 /63 □ /132 □ /60 /133 □ /132
��

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:Paul Camacho, Chief of Police
SUBJECT:Discussion Regarding Dangerous Fireworks Enforcement Policy DATE:May 11, 2026
RECOMMENDATION:

It is staff’s recommendation that the City Council receive and file this report pertaining to the City’s enforcement policies related to Dangerous Fireworks.

BACKGROUND/DISCUSSION:

The City of Bell Gardens maintains a strict prohibition on Dangerous Fireworks as defined by the California Health and Safety Code within City limits. The City has adopted a zero- tolerance approach due to the significant risks associated with Dangerous Fireworks, including fires, personal injury, property damage, and disruption to the community.

Pursuant to the Bell Gardens Municipal Code (BGMC) Chapter 16.40 (Fireworks), the possession, sale, use, and discharge of Dangerous Fireworks is unlawful within the City.

Enforcement
The City enforces a zero-tolerance policy regarding Dangerous Fireworks violations.

The City has different options for enforcement which include:
•Administrative Citations: Immediate issuance of fines for possession or use. •Criminal Enforcement: Misdemeanor or Felony filings as applicable under the Health & Safety Code.
•Confiscation: Seizure of Dangerous Fireworks.

Fines and penalties may escalate for repeat offenders and may include significant financial liability. The Police Department is working with the City Attorney and Finance to refine the administrative citation process and make it more effective.

Operational Strategies
��
To support enforcement, the Police Department implements the following strategies:

Directed patrols in high-complaint areas;
Deployment of specialized units during peak periods (e.g., July 4th); Coordination with neighboring agencies for mutual aid; and Use of aerial surveillance (department drones), when safe and appropriate.

Public Outreach and Education
The City conducts ongoing public education efforts to ensure awareness of the prohibition, including:
•Social media campaigns
•Community notifications and flyers
•School and neighborhood outreach
•Partnerships with community groups
Messages emphasize on safety, legal consequences, and community responsibility.

FISCAL IMPACT
Enforcement of Dangerous Fireworks prohibition requires allocation of public safety resources, including overtime staffing and equipment. However, these costs may be partially offset through administrative citations and cost recovery efforts.

CONCLUSION
The City of Bell Gardens maintains a clear and strict prohibition on Dangerous Fireworks, supported by a zero-tolerance enforcement policy. These efforts are critical to protecting life, property, and overall community well-being.

APPROVED ELECTRONICALLY BY:

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

Bell Gardens City CouncilMay 11, 2026

Bell Gardens City Council
May 11, 2026