Agenda packet — Bell Gardens City Council, September 28, 2026 (part 3 of 3)

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 Citywide Holiday Decorations (“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 Office

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ATTACHMENT “B”

SAMPLE CONTRACT SERVICES AGREEMENT

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1 2026

CONTRACT SERVICES AGREEMENT
(Contractor: __________)
(Nature of Engagement: _______________________)

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 _________________ (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 “________________________“CITY”(hereinafter the RFP”) dated ______________, of entitledCONTRACTOR proposal and the written “______________________” (hereinafter, the “CONTRACTOR PROPOSAL”).

The CITY RFP andandtheCONTRACTOR PROPOSAL are attached
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

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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.

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 cowithitself acquaintand the locationof nditions the toprior commencing any of the Work requested by CITY. Should the CONTRACTOR discover theaffect materially willwhichconditions or latentany unknown 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 ____ (__) 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

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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.

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

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

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

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

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

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

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

B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

C. Time is of the essence in the performance of Work under this Agreement, and in the Citythefrominstructions other orschedulespecific aof absence 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

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

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

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5 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 thenecessary,materials in tools, equipment,personnel, and reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;

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

8. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any or bycausedomissions errors necessary correct totasks any 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 immedia tely 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 work byperformedof any CONTRACTOR’s that agree acceptance 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 skills, experienceandknowledgethepossesses CONTRACTOR training, necessary to perform the Work in a skillful and competent manner equivalent to, the employedstandardof performance generally recognized as being by professionals performing the same type of work and services in the State of California.

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

The Contractor’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work 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 improvementsthecompletetimelycompetentlytoCONTRACTOR and contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

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

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

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

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.

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7 E. andallof payment employees’ responsiblebeshallCONTRACTOR for subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’compensation, unemployment insurance, and Social Security.

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

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

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

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

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

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in t he locality in

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8 which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

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

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

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

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

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

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

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9 be subject to California Labor Code Section 1777.1.

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

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

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

SECTION 10. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a fidebona employee solelyworking for CONTRACTOR secureor solicit to, 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.

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

SECTION 11. INDEPENDENT CONTRACTOR.

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

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

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action of Agreement.thisfulfillmentin theof activitiesor CONTRACTOR 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 theby determinedbeshallrequirement or employmentof law CONTRACTOR.

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

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any

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11 contention by any third party that an employer-employee relationship exists by reason of this Agreement.

SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a statute. federal or law ordinance, stateany under interestofconflict CITY 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,physical ancestry, disability,disability,mental 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 free suchof are discrimination.for applicants and employment Fairtheof provisions thewithcomply shallsubcontractors andCONTRACTOR 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 ba theshallCONTRACTOR This includeother or rgaining agreement. nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION. 14. INDEMNIFICATION.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any oerror, act,tofailure act,or ofanyor CONTRACTOR ofmission subcontractors,CONTRACTOR’s officers, agents, servants,employees, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, re sulting 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

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

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in soleIndemnitees' (a) encompass toinstrument beshallthis construed 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.employed byprofessionals attorneys,or Accountants,other defendtoIndemnitor Indemnitees bshall Indemnitees.by e selected CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losse s and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

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

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

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

D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold

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13 harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability,loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.

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

SECTION 15. INSURANCE.

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

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

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

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

4. insuranceor excess Umbrella liability . CONTRACTOR obtainshall 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;

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14 b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.

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

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

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

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

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

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

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

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

H. 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 notshallvolunteers , officers, employees, its officials, agents, or contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or

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15 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 endorseSubrogationof agents, itsCITY,of officers, in ment favor 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 insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.

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

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

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

SECTION 17. TERMINATION.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenie nce 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,

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16 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 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 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

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17 Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

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

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

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

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

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

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

In addition to any other remedies available to CITY at law or under this 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:

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18 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 paidbewouldthatamount tothanmorereceivetoentitledthe CONTRACTOR for the full performance of the services required by this Agreement.

7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

SECTION 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify in owritingRepresentativeCity the CityThedelay. theof causes f the 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

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19 (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

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

___________________
___________________
___________________
Attn: _______________
Phone: _____________

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

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

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

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

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

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

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

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20 upon the construction or interpretation of any provision herein.

SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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

CITY OF BELL GARDENS, a municipal
corporation

By:

Michael B. O’Kelly
City Manager

Date:

_________________

By: ______________________________

Name:____________________________

Title:_____________________________

Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez
City Attorney

Date:

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22 EXHIBIT “A”

CITY RFP

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23 EXHIBIT “B”

CONTRACTOR PROPOSAL

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ATTACHMENT “C”

PROPOSAL PRICE SHEET

I. Please provide separate price proposal sheets for each of the following sites (refer to Section V. Scope of Work for more details on specific elements).

1. LED lit Holiday Skyline
a. One generic greeting
b. One customized greeting

2. Bell Gardens City Hall

3. Bell Gardens Veterans Park – Ross Hall

4. Bell Gardens Public Works Building

5. John Anson Ford Park Administration Building

6. Dreamers Aquatics Center

7. Neighborhood Youth Center

8. 1 – 12’ Holiday Tree

9. 1 – 20’ Holiday Tree

10. 50 – Center Median Poles

11. 11 – Entry Monuments

II. Please provide a general price proposal sheet itemizing costs for all offered decorations.

III. Please also indicate whether cost will remain the same for all 5 years.

IV. Sample format to be used for all price proposal sheets .

YEAR 1
Decoration
Description
Buy Rent Install Remove Store

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

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Page 1 of 4 ends

REQUEST FOR PROPOSALS FOR BELL GARDENS CITYWIDE HOLIDAY

DECORATIONS

ADDENDUM NO. 1

September 9, 2026

This addendum is being issued for the REQUEST FOR PROPOSALS FOR BELL GARDENS CITYWIDE HOLIDAY DECORATIONS.

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

This addendum is being issued to make the following changes and incorporate them into the Request for Proposals for Bell Gardens Citywide Holiday Decorations.

1. second mandatoryA walk-through facilities the Cityof been scheduled forhas Monday, September 14, 2026, at 1:00 p.m. Staff will meet Proposers at 1:00 p.m. at the Public Works Administration Building and Yard located at 8327 Garfield Avenue, and will then lead Proposers through various City locations that will be sites for holiday decorations. Attendance at a mandatory walk-through is required.

No submittal will be accepted from any Proposers who fail to attend a mandatory walk-through.

Proposers who were present at the initial mandatory walk-through on Tuesday, September 1, 2026 are not required to attend the second mandatory walk-through.

2. The deadline for questions is extended from Tuesday, September 8, 2026, at 5:00 p.m., to Tuesday, September 15, 2026, at 12:00 p.m.

3. Section V.1.F. is amended in its entirety to read as follows:

Decorate 13 Entry Monument Signs (at 6 locations throughout the City)

i. At a minimum each monument should have the following:
• LED lit garland.
• LED string lights around the trees surrounding the monument. • One large focal, LED lit decorative piece at each monument.

CITY OF BELL GARDENS

7100 GARFIELD AVE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7700 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG

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Addendum No. 1
September 9, 2026

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The entry monument signs are located at the following locations:

4. Section V.1.B. (City Facilities) is amended by the revised subsection ii. and the addition of subsections vii through viii to read as follows:

ii. Bell Gardens Veterans Park – Ross Hall 6662 Loveland St. • Rooftop lighting on all three sides of the building (facing north toward Loveland St., west toward Perry Rd., and east toward the parking lot and Suva Intermediate School.)
• String lights shall reach all the way down the east side of the building to include the entrance to the Community Family Services Center and community rooms. Please see attached picture for clarification.

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Addendum No. 1
September 9, 2026

Page 3 of 4 ends

• Approximately 4 palm trees
• 60” LED lit and decorated Holiday Wreath/Bow or similar

vii. Bell Gardens Police Department building 7100 Garfield Ave. • adjacent to City Hall
• shall have rooftop string lights along Garfield Ave. matching the lights at City Hall.
• No additional ornament is required,only rooftop string lights for the Police Department.

viii. Bell Gardens Veterans Park – Former Senior Center 6660 Loveland St. • Rooftop lighting along three sides of the building (north facing Loveland St, west facing the Ross Hall Administration building, and west facing Perry Rd.)

5. Section V.2. (Removal and (potential) storage of all Holiday decorations) is amended by the addition of the following sentence to read as follows:

The storage the of City- alsoTree is HolidayTree and 20’12’owned Holiday expected to be stored, in addition to all of the citywide holiday decorations.

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Addendum No. 1
September 9, 2026

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Proposers who have already submitted their proposal will be contacted to arrange for return of their proposal.

All other items noted in the RFP remain unchanged.

Sincerely,

Elizabeth Nava

Elizabeth Nava
Director of Recreation and Community Services

The Proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in their proposal submittal. Failure to do so may result in disqualification of their proposal.

_________________________ ____________________
Signature of Proposer Date

__________________________________________________________ Proposing Firm Name and Address

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23 EXHIBIT “B”

CONTRACTOR PROPOSAL

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City of Bell Gardens City Wide Holiday
Decorations .

RFP No.

Prepared for: City of Bell Gardens
Prepared by: Tara Johnsen
Johnsen Commercial Services, dba Paciﬁc Decorating Company

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Paciﬁc Decorating Company
Table of Contents

Page Number
Company Introduction:………………………………………………..….. 3
Project Analysis:…………………………………………………………… 4
Objective, Scope, Nature of Purposed Program, Methodology ……..4-7 Project Management:……………….….………………………….……… 7
Assigned Personnel:………………………….……………………….……8
Pervious Work:……………………………………………..…………….9-10
Schedule:…………………………………………………….……………..11
Program Monitoring:………………………………………….……..…..…11
Contractor Capability and References:…………………….……………. 11 Conﬂict of Interest……………………………….…………………………11
City Resources:……………………………….……………………………12
Subcontractors:……………………………….…………………….….….12

(These Attachments will be emailed separately)
Attachment A: Acknowledgement of the City’s Standard Form of Agreement Attachment B: Proof of Insurance
Attachment C: Proposal Price Sheet
Attachment D: Addendum No. 1 Signed Pg 4
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Paciﬁc Decorating Company
Tara Johnsen
Johnsen Commercial Services dba Paciﬁc Decorating Company Po. Box 850 Grass Valley, CA 95945 (mailing address)
760-826-4444
operations@paciﬁcdecoratingco.com
www.paciﬁ cdecoratingco.com
Company Introduction:

Paciﬁc Decorating Company, has been in continuous operation since 1979. We have provided hundreds of cities and commercial properties with the best quality Holiday Decor` installation in the Southern California area. We are a full service company that provides quality ,Design, Sales, Leasing, Installation, Manufacturing, Maintenance, Removal and annual storage of all decorations.

Johnsen Commercial Services, is a S corporation and Certiﬁed Small Woman Owned Business in the state of California. In 2014, Tara and Chris Johnsen took over the operations from the previous owners, who retired. Tara and Chris have a combined 32 years of experience before taking over the business. We currently have 2 ofﬁces, one in Northern California and our main ofﬁce in Southern California where most of our work takes place. We have during the peak of the season as many as 6 to 12 employees. Some of our employees have been with the company for over three decades.

At Paciﬁc Decorating Company, we’ve built exclusive relationships with every major commercial decoration manufacturer and importer nationwide. This unparalleled network allows us to source any catalog item available in the market or create custom decorations tailored to your exact speciﬁcations. With us, you’re not limited to a single catalog or supplier —our expertise and connections ensure you get the perfect decoration, every time.

Our Commitment to Excellence: At Paciﬁc Decorating Company, we approach every project with unmatched pride and craftsmanship. A company owner personally oversees each installation, ensuring our high standards are met without compromise. For seamless communication, we provide the company owner’s cell phone number to a designated city contact, guaranteeing prompt responses to any needs, day or night. Our ﬂawless track record speaks for itself—we’ve never missed an installation deadline or lighting ceremony.

Safety: Our company emphasizes health and safety of its employees and the public as its number one priority. We have not had a recordable injury Since the inception of Paciﬁc Decorating Company. We are constantly evaluating our practices and policy’s to ensure the health and safety of our members and to reduce any liabilities to our customers and the public. Our responsiveness: In the last (6) holiday seasons we have not had one installation related service call. When we have had a weather related service call we have had everything ﬁxed within hours. Customer service and satisfaction is a top priority on every project.

Page of 3 12Page 428 of 462

Paciﬁc Decorating Company
Project Analysis:

The City of Bell Gardens has many great opportunity’s for placing holiday decorations to add the magic of the holidays to it. The staff has great ideas on making taking advantage of current architectural and building and infrastructure elements, to have a wonderful decorating program. There are many street decor aspects and buildings to emphasize. The job includes many areas that are elevated that takes specialized large equipment to complete. The only possible challenge could be any decorations that are easy reached by the public. If vandalized it would take time away from city employees or generate service calls. These items can be discussed further with City staff to consider a good plan of action and best installation practices. We are always available to discuss any design additions, changes or customization that needs to happen to ensure the best possible outcome.

Objective:

Paciﬁc decorating can complete any holiday decoration program for the City of Bell Gardens.

We have the experience, personnel and equipment to provide an amazing, timely, and safe holiday experience for the residents and visitors. We sell, lease, install, design, advise, Manufacture, maintenance and store all types of decorations. There is nothing in the job walk that was proposed that we would not be able to complete. To remain as competitive as possible all pricing for decor’ has been placed at wholesale or near wholesale pricing. P.D.C. also owns all of the equipment needed for this project which will help save money and ensure responsiveness. By not leasing equipment we are able to keep pricing down as well. Our labor pricing is at market rate or a little below maintaining highly qualiﬁed personnel to complete and produce a very high quality product. Our company is going to give transparency in pricing and work performed to ensure trust and a positive partnership with the city. We will stay on- time and on budget for this project. The two options provided will Let the administrators best determine the most responsible way to provide this service. We would be able to service the city well in any option they decide.

Scope and Nature of proposed program:

For the design of the holiday program I would recommend going with a classic design. The City staff have already chosen some very classic elements that are liked by the public on all of the past jobs we have completed. I would recommend trying to keep the classic designs throughout the whole area so you have continuity and It creates a balanced ascetic and feeling for the area. All lights will be installed and assembled into their prospective places and everything will be tested for proper function. Anything that needs to be tested on site will be done with generators and powered during installation, in the case of the live tree(s), we leave lights powered on during installation to ensure everything is working properly. All current Cal Page of 4 12Page 429 of 462

Paciﬁc Decorating Company
O.S.H.A. safety procedures and recommendations will be adhered to during the completion of the project.

Warning! the following methodology contains trade craft, speciﬁc industry knowledge, practices and possibly trademarked, proprietary, or patented items or descriptions. These items and details should not be made publicly available for records requests or for public knowledge. This includes the entirety of page 5 to page 7.

Thank you.

Materials:

After four decades of experience installing only for City’s and commercial properties, Paciﬁc Decorating Company, has found the absolute best quality materials. We source materials that in most cases have lasted over 20 years and still continue to look nice. There are a few exceptions to the 20 year mark, including bows, and some ornaments. When properly handled and stored, the core of our components have held up incredibly well to the elements, Sun, transport and installation practices.

Methodology:

The following methodology will pertain to all of the following aspects listed below in the components section. To help with time and organization, these methods will be used at each location for each decoration component.

Light Line Methods:

We have had the experience to install miles of sightline over the last few decades. Through this experience we have been able to source the best C-9 L.E.D. bulbs that have been proven since 2005. We also source 12” spacing on a Sp-2 roll. This thicker wire is more durable and lasts a very long time. We use weathertight connections and cut everything to ﬁt exacting to the building for a professional and clean appearance. We have developed a very durable photocell that we make out of U.L. approved components that give years of service.

We utilize the most U.V. protective clips that are currently available. These are either glued down with a specialty glue or clipped on the structure. We also can utilize a magnetic type of line or clips to get a good install on metal rooﬁng components.

Page of 5 12Page 430 of 462

Paciﬁc Decorating Company
Christmas tree install:

Having installed hundreds of trees in varying areas and conditions gives our company the experience and knowledge of best practices. We can install the trees in a lawn, dirt, or natural area, a well as on a hard surface like concrete or asphalt. When we install a tree the most important aspect is the anchoring system. We use a very thick 3/8” or larger aircraft cable that comes down from the top of the tree and extends down the middle of the tree and gets anchored to either a ground anchor or concrete blocks, inside of the tree. The cable is rated 4 to 6 times the rating that the tree requires. The ground anchors we purchase are designed to anchor mobile homes to the ground and are twisted into the ground, they are very strong and we have never had a problem with them. the concrete anchors we use are made in buckets and we use double the amount of weight that is required from the tree manufacturer. The power we usually run up in the air at 12’ or higher, and down with inside of the tree. this eliminates any tripping hazards that can happen with a lower quality install. A photocell switch would also be placed in the trees to let them come on and oﬀ automatically unless the city decides to leave them on all day. We can re-ornament the tree with the colors of the city’s choosing. This will be in a medium density conﬁguration, unless speciﬁed otherwise.

Building front wreath install:

For the installation of any wreaths on buildings we normally use lag bolts and hooks on any wood structure. The wreath gets hung by aircraft cable and the bottom can get tied down with rope if necessary. If the building is a masonry construction we will use a redhead type of hardware and seal it with silicone. The wreath will be a commercial grade lit wreath with ornaments and a high quality velvet bow.

Holiday Skyline Sign:

For the install of the Holiday Sign, we would utilize the current cables placed across the roadway. The manufacturer requires the pieces to be bolted together and hung with a cabinet clips. The signs will need power and we can add photocells if needed. if no cable is in place we can place a cable for additional costs.

Palm tree and Pine tree wraps:

We locate the power for the trees and start wrapping the trees with the mini lights. We can run power from above or below. If the power is on the ground we try to dig a small trench and cover over cords to prevent any tripping hazards. If children are close to the trees it is Page of 6 12Page 431 of 462

Paciﬁc Decorating Company
sometimes beneﬁcial to start a little higher on the base of the tree to prevent vandalism. We use bucket trucks to get the tree completed and if we need to access the area that has a lawn or any wet areas. We utilize 3/4” plywood and lay it down to prevent damage to the lawn or wet area. For materials we will use a warm white 5mm mini light.

Ground mounted decorations:

These decorations will be securely mounted with either weight, Ground steaks or anchors or red head bolts to keep them secure. For a lit decoration, any cord on the ground will be buried or use a O.S.H.A. compliant ramp to cover them.

Poles in the median to be decorated:

For these poles the current banners will need to be removed. We will wrap the pole in a way so it cannot be reached from the ground. They will be wrapped in a pattern that has some separation similar to a candy cane or barber pole conﬁguration. A 24” bow will also be placed on the pole. We will ensure proper traﬃc control and most of this work would be completed at night to help the safety our personnel and the public. The materials will be a high quality red velvet bow with gold trim. The garland wrap will be a medium density garland with ornaments attached to it.

Company capability and references:

We are a smaller family owned company that can provide a more personal and direct service with decades of knowledge and experience. We have successfully installed hundreds of thousands of holiday decorations. We have done jobs as large as the Mile long drive through, D.W.P. The Griﬃth Park Light Festival, to as small as a few banners in a small commercial parking lot and everything in-between. We have done holiday projects for many City’s for decades to include; Palm Springs, Orange, Riverside, Cathedral City, LaQuinta, San Bernardino, Fullerton, East Los Angeles, Bell, Montclair, Norwalk, San Clemente, San Juan Capistrano, Lynwood, Rosemead, South Pasadena, Cudahy, Hollywood, Grass Valley, Los Angeles D.W.P., Los Angles Parks and Recs Dept.,City of Los Angles and the Los Angeles Zoo.

Project Management:

Tara Johnsen, Owner/President

15 years of experience, Current Administrative Supervisor, Contract and Insurance Specialist

Page of 7 12Page 432 of 462

Paciﬁc Decorating Company
Chris Johnsen, Installation Superintendant

25 years of experience, Runs all larger jobs and crews, manages ﬂeet and customer service.

Has completed every single contract (1,000’s) that our company has had for 25 years. Fields service calls Large equipment operator, Bucket truck operator, commercial driver Class A Automotive mechanic, Welder, Electrical tech

Assigned personnel:

Project management will be on the job for the entirety of the project.

Roberto Gomez, Installation Superintendent

25 years of experience, Site Foreman, Day Crew Foreman, and Warehouse Manager. Has completed every single contract (1,000’s) that our company has completed. Fields service calls. Large equipment operator, Bucket truck operator

Electrical tech

James Harris, Installation Foreman

38 years of Experience, Night operations Foreman

Completed thousands of contracts. Fields service calls.

Bucket truck operator

Electrical tech

Lucas Fournier, Installation Specialist

11 years of experience, Has worked on all of the large installations.

Bucket truck operator, Commercial Class A Driver

Automotive mechanic

Elliot Fournier, Installation Specialist

11 years of experience, Has worked on all major projects

Bucket truck operator, Commercial Class A Driver

Automotive mechanic

Cole Jarvis, Installation Foreman

7 years of experience

Heavy equipment operator, Bucket truck operator, commercial Class A driver

Automotive mechanic, Welder

Nik South, Installation specialist

6 Years of experience.

Heavy Equipment operator, Bucket truck operator, commercial driver Class A

Rodney Johnsen, Installation Specialist

4 years of experience

Heavy Equipment operator, Bucket truck operator, Commercial driver Class A

Electrical Teck, Automotive mechanic

Page of 8 12Page 433 of 462

Paciﬁc Decorating Company
Summary of Similar work:

The entire assigned personal listed has either installed or removed many decorations successfully without any incident in Many City’s. We have done holiday projects for many City’s for decades to include; Palm Springs, Orange, Riverside, Cathedral City, LaQuinta, San Bernardino, Fullerton, East Los Angeles, Bell, Montclair, Norwalk, San Clemente, San Juan Capistrano, Southgate, Lynwood, Rosemead, South Pasadena, Culver City, Cudahy, Hollywood, Grass Valley, Carson, Stanton, Westminster, Los Angeles D.W.P.,The Grifﬁth Park Light Festival, Los Angles
Parks and Recs.

Dept.,City of Los Angles
and the Los Angeles Zoo.
***All photo’s contained
here are actual projects
that our company
completed.***
To the Right is
Grass Valley, CA.

An Example of Tree, and
pole wraps.

Below is Orange, CA.

An Example of Skylines.

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Paciﬁc Decorating Company
Page of 10 12
Trees from Left to Right: City of Bellﬂower, City of Riverside and Vista Town Center, Vista, CA.

Both pictures below are Grass Valley, CA. The umbrellas is an example of off-season decor that we install there.

Example of Light Line. This is in Grass Valley CA, @ the McKnight CenterThis is a Tree Wrapped in LED Mini Lights @ a center call the The River in Rancho Mirage

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Paciﬁc Decorating Company
Schedule:

For scheduling, the dates in the R.F.P. would be no problem. We would work with city staff to ﬁnalize any special dates, events or possible scheduling conﬂicts.

Program Monitoring.

When we have a crew in the area we will check on things. If we have a major wind event it has been our past practice to look over our larger projects to endure everything is in tip top shape. We are also in a continuous state of improvement for our practices and policy’s to be as efﬁcient while maintaining a top level of safety. We believe there is always room for improvement and try to get better on every single job and each season. If any decoration would need to re ﬁxed or re-installed a call from the city would be a good idea.

Current Litigation:

Paciﬁc Decorating Company is not currently in an Litigation or arbitration with any parties.

Conﬂict of Interest:

None known.

Alternate Proposal:

Both a Purchase and a lease proposal will be submitted.

References:

Tim Kiser
City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
(530) 575-0683
Dana Duncan
Senior Property Manager, Vestar Vista Village, Vista CA 3405 Kenyon Street Suite 405
San Diego, CA 92110
Direct Line: 858-905-3027
Dana Robertson, Parks and Facilities Manager, Community Services Department, City of Orange
230 E. Chapman Ave.

Orange, CA 92866
714-744-7283
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Paciﬁc Decorating Company
Kristen Smith
Recreation Manger
Parks & Recreation
City of Bellﬂower
16000 Civic Center Dr.

Bellﬂower, CA
(562)804-1424 x 2267
Rosie Lozoya
Recreation Supervisor
City of Norwalk
13000 Clarkdale Ave. Norwalk, CA 90650
(562)929-5518
Equipment Needed.

Paciﬁc Decorating Company owns and maintains its own small ﬂeet of bucket trucks and lift trucks, and does not rent the equipment needed. We have specialty installation tools for each type of decorations. These are on each truck including electrical testing equipment, generators, air compressors, and welders. Currently we stock over $50,000 of tools on each truck. Owning our equipment has also allowed us to have custom setups that speed up and assist our installations. Each truck is also stocked with all of the items needed to complete the installation helping with efﬁciency and quality. On special projects that require bigger equipment The Paciﬁc Decorating Company will rent whichever equipment is required. All the current decorations that are called out for this proposal can be installed by the equipment that is owned by Paciﬁc Decorating Company.

City Resources:

Ideally Paciﬁc Decorating Company will utilize the least amount of city resources and time to complete this project. We plan on utilizing automatic photocell’s and a quality installation to reduce any needs from the city. Any maps or guides to ensure proper placement of decorations would need to be provided to P.D.C. Any access to rooftops that we can not access from the outside may be required. The city will also need to be responsible for the maintenance and repair all electrical outlets that service any lit decorations.

Subcontractors:

We do not currently foresee the use of any contractors for this project.

Page of 12 12
Tara A. Johnsen, President September 21,2026

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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 Office
Tara Johnsen
Operations Manager Paciﬁc Decorating Company
X
21 September Grass Valley
Tara A Johnsen
President

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
RETENTION$DED
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
530-272-1000
Surray Serpa
06/15/2026
Maven Risk Management & Insurance Brokers, LLC
P.O. Box 2688
Grass Valley, CA 95945
Johnsen Commercial Services DBA Pacific Decorating Co & 3J Water Delivery
PO Box 850
Grass Valley, CA 95945
[email protected]
Scottsdale Insurance Co 41297
Kinsale Insurance Company 38920
United Financial Casualty Company 11770
4 4444
A 4
4444
X X 03/01/2026 03/01/2027CPS8373436
4/28/2027C
4 04414450 4/28/2026
B 01003140572 03/01/2026 03/01/2027
Evidence of Insurance
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000
1,000,000
1,000,000

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COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1Page 455 of 462

COMMERCIAL GENERAL LIABILITY
CG 20 38 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS FOR OTHER

PARTIES WHEN REQUIRED IN WRITTEN

CONSTRUCTION AGREEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to
include as an additional insured:

1. 2.

Any person or organization for whom you are
performing operations when you and such
person or organization have agreed in writing
in a contract or agreement that such person or
organization be added as an additional insured
on your policy; and
Any other person or organization you are
required to add as an additional insured under
the contract or agreement described in
Paragraph 1. above.

Such person(s) or organization(s) is an additional
insured only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations for
the additional insured described in Paragraph 1. or

2. above.

However, the insurance afforded to such
additional insured described above:
a. Only applies to the extent permitted by law;
and
b. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

A person's or organization's status as an
additional insured under this endorsement ends
when your operations for the person or
organization described in Paragraph 1. above are
completed.

B.With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to:

1. 2.
"Bodily injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a.The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services.
"Bodily injury" or "property damage" occurring
after:
a.All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
CG 20 38 12 19 Insurance Services Office, Inc., 2018 Page 1 of 2Page 456 of 462

b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

The most we will pay on behalf of the additional
insured is the amount of insurance:

1. Required by the contract or agreement
described in Paragraph A.1.; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

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Attachment C Bell Gardens Cost Proposal Paciﬁc Decorating Company 2026 Yr.1 Materials
Yr. 1
Labor
Yr. 1
Leased
Yr. 2
Leased
Yr. 3
Leased
LED Lit Holiday Skyline
2 Lighted LED Holiday Skyline 70-80’
2- Happy Holidays Sign $20,000.00 $3,000.00
Materials: Photo cells, Extension Cords & Connectors $45.00 Bell Gardens City Hall 7100 Garﬁeld Ave
Rooﬂine Lighting 280’$767.20 $1,680.00
Pine Trees Wrapped (6)$1,410.80 $1,800.00
10’ 3D Lighted LED Freestanding Display $750.00
60” Lighted LED Decorated Building Front Wreath with Bow $801.30 $750.00 12’ Christmas Tree (City owned)$677.26 $1,500.00
Materials: Photo cells, Extension Cords, Connectors and Anchors $85.00 Bell Gardens Police Building 7100 Garﬁeld Ave.

Rooﬂine Lighting 252’$690.48 $1,512.00
Materials: Photo cells, Extension Cords and Connectors $30.00 Bell Gardens Veterans Park - Ross Hall 6662 Loveland St.

Rooﬂine Lighting 520’$1,424.50 $3,120.00
Palm Tree Wraps (4)$698.00 $1,200.00
60” Lighted LED Decorated Building Front Wreath with Bow $801.30 $750.00 20’ Christmas Tree (City owned)$2,096.26 $4,000.00
Materials: Photo cells, Extension Cords, Connectors and Anchors $85.00 Bell Gardens Veterans Park - (Senior )6660 Loveland St.

Rooﬂine Lighting 325’$890.50 $1,950.00
Materials: Photo cells, Extension Cords and Connectors $35.00 Bell Gardens Public Works Building 8327 Garﬁeld Ave
Rooﬂine Lighting 380’$1,043.92 2280.00
Tree Wraps (2) Power comes from Roof 2- Pine Trees $503.60 $600.00 60” Lighted LED Decorated Building Front Wreath with Bow $801.30 $750.00 Materials: Photo cells, Extension Cords and Connectors $60.00 John Anson Ford Park Admin Building 8000 Park Lane
Rooﬂine Lighting 503’$1,378.22 $3,018.00
Palm Tree Wraps (4) Power @ every other tree $673.00 $1,200.00 60” Lighted LED Decorated Building Front Wreath with Bow $801.30 $750.00 Materials: Photo cells, Extension Cords, Connectors and anchors $60.00 Dreamers Aquatics Center 7950 Scout Ave.

Rooﬂine Lighting 385’$1,056.34 $2,310.00
Palm Tree Wraps (8) Power @ every other tree Wrapped to Ball of Tree $1346.00 $2,400.00 60” Lighted LED Decorated Building Front Wreath with Bow $801.30 $750.00 Materials: Photo cells, Extension Cords, Connectors and Magnetic Clips $275.00 Neighborhood Youth Center 5856 Ludell st
Rooﬂine Lighting 325’$890.50 $1,950.00
Palm Tree Wraps (3) Pine Tree Wrap (1)$737.80 $1,300.00 60” Lighted LED Decorated Building Front Wreath with Bow $801.30 $750.00 Materials: Photo cells, Extension Cords and Connectors $60.00 City Median Poles - 50
Decorated with Ornamented Garland and 2- 24” Red Velvet Bows $18,092.00 $7,000.00 1

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Materials: Tie Wire $25.00
Entrance Monument Signs 13
Lighted Ornamented Garland Per Monument 378’ of Garland $7,675.50 $4,000.00 Tree Wrap 36 Palm Tree Wraps $5,069.70 $10,800.00
Materials: Photo cells, Extension Cords & Connectors $350.00 Year 1 Totals $73,039.38 $59,590.00 $91,590.00 $93,377.77 $95,219.10 Storage of ALL the City owned Holiday Decor $3,500.00
Total for Year 1
(Purchase, Labor and Storage)$136,129.38
Year 2 Total (Labor & Storage Only)$64,837.77
Year 3 Total (Labor & Storage Only)$66,719.10
Year 4 Total (Labor & Storage Only)$68,615.67
Year 5 Total (Labor & Storage Only)$70,569.14
Purchase Option Total Contract Total for 5 years $406,871.06 Leased
Material
s
Labor
Leased Option Totals Total for Year 1
(Lease of Decorations and Labor )
$84,590.00 $32,000.00 $59,590.00
Total for Year 2
(Lease of Decorations and Labor )
$87,127.00 $32,000.00 $61,377.77
Total for Year 3
(Lease of Decorations and Labor )
$89,741.00 $32,000.00 $63,219.10
Total for Year 4
(Lease of Decorations and Labor )
$97,115.67 $32,000.00 $65,115.67
Total for Year 5
(Lease of Decorations and Labor )
$99,069.14 $32,000.00 $67,069.14
Contract Total for 5 years $457,642.81
Yr.1 Materials Yr. 1
Labor
Yr. 1
Leased
Yr. 2
Leased
Yr. 3
Leased
2

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Addendum No. 1
September 9, 2026

Page 4 of 4 ends

Proposers who have already submitted their proposal will be contacted to arrange for return of their proposal.

All other items noted in the RFP remain unchanged.

Sincerely,

Elizabeth Nava

Elizabeth Nava
Director of Recreation and Community Services

_________________________ ____________________
Signature of Proposer Date

__________________________________________________________ Proposing Firm Name and Address

September 21, 2026
Paciﬁc Decorating Company Po Box 850 Grass Valley, CA 95945

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO:Honorable Mayor and City Council Members
FROM:Manuel Acosta, Acting City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Consideration of Approval of Mayor Pro Tem Isabel Guillen Excused Leave of Absence

DATE:September 28, 2026

RECOMMENDATION:

Grant permission and approve a temporary leave of absence for Mayor Pro Tem Isabel Guillen.

BACKGROUND / DISCUSSION:

Mayor Pro Tem Isabel Guillen wishes to take a temporary medical-related leave of absence from attending City Council meetings commencing October 26, 2026, and ending February 22, 2027.

California Government Code Section 36513 provides that if a City Council Member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and may be filled as any other vacancy.

The Bell Gardens Municipal Code Section 2.04.020 sets the regular meeting schedule of the Bell Gardens City Council on the second and fourth Monday of each month. Thus, a Bell Gardens City Council Member who misses four consecutively held regular meetings without an unexcused absence would lose their position on the City Council.

As Mayor Pro Tem Guillen’s contemplated leave will last more than 60 days, she will necessarily miss more than four consecutively held regular meetings which would cause her City Council seat to be considered vacated, unless such extended absence were formally excused by the City Council.

Pursuant to Government Code Section 54953, in lieu of being absent from meetings, Mayor Pro Tem Guillen could participate remotely up to five meetings per year (i.e., teleconference). traditionalthe follow to were Mayor Tem Pro remote If Guillen participation procedures that require (i) all votes taken during a teleconferenced meeting shall be by rollcall; (ii) the remote location identified on the published agenda; (iii) the posting of the agenda at the remote location; and (iv) that the location be open to the public, the Mayor Pro Tem could participate remotely indefinitely so long as a quorum of

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the Council is physically present at City Hall during those meetings in which participation is remote. Under these traditional remote participation rules, there is no requirement that Mayor Pro Tem Guillen have a reason for participating remotely.

Pursuant to the modified Brown Act rules set forth in Government Code Section 54953.8 and 54953.8.3, Mayor Pro Tem Guillen could also participate remotely up to five meetings per year (i.e., teleconference). The Council Member could participate remotely without having to comply with the agenda noticing and posting requirements associated with traditional remote participation procedures discussed above and without having to make the remote location accessible to the public. The Council Member, however, would be required to satisfy the following alternative set of requirements and restrictions: (i) that the Council Member have a "just cause" reason for participating remotely; (ii) that the Council Member notify the City Council of her need to participate at the earliest opportunity possible, including at the start of a regular meeting; (iii) that the Council Member be connected via an audio and visual connection; (iv) that at least a quorum of the City Council is physically present at the meeting; and (v) the Council Member must disclose whether persons 18 years of age or older are present with them at the remote location and the nature of their relationship to such individual(s).

CONCLUSION:

Consideration of approval for Mayor Pro Tem Guillen’s temporary medical leave of absence.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

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Bell Gardens City CouncilSeptember 28, 2026

Bell Gardens City Council
September 28, 2026