14-C — Bellflower City Council, September 12, 2022

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14-C

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager
P.J. Mellana, Director of Parks and Recreation

FROM: Kristen Smith, Recreation Manager

SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 684.4 with Tripepi Smith & Associates, in a form approved by the City Attorney, for video production, recording, editing, and support services.

DATE: September 12, 2022

EXECUTIVE SUMMARY

This action would authorize the City Manager to execute a three-year agreement with Tripepi Smith & Associates for the City’s continued video production, recording, editing, and support services. These services are used for recording City Council meetings and producing videos for special events and projects. Additionally, the contractor may be utilized for additional video/audio support services on an as needed basis at The Mayne Events Center and the William and Jane Bristol Civic Auditorium (WJBCA). The estimated annual cost for the agreement is between $35,000 and $68,250 which will depend on the demand and need for additional support services.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Agreement File No. 684.4, in a form approved by the City Attorney; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

Proposed maximum annual funding of $68,250 will be paid for out of Video Production Account No. 010-41317-1012 and is currently budgeted for in fiscal year 2022-2023. The funding for the remaining term of the agreement will be incorporated in the next two-year budget.
1 Staff Report – Agreement with Tripepi Smith & Associates September 12, 2022

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DISCUSSION

The City’s current agreement for video production services began in October of 2017 and will expire September 30, 2022. The City issued a Request for Proposals (RFP) on July 8, 2022 for a new agreement. Services included in the new agreement include the filming of events such as the City Council meetings, City promotional videos, BRAVO, Outgoing Mayor’s Ceremonies, grand openings, and various other special events and projects.

Additionally, the new agreement will enable the City to provide video/audio support services at The Mayne Events Center and the William and Jane Bristol Civic Auditorium on an as needed basis. Approval of the proposed new agreement would allow the continuation of the aforementioned services without interruption.

After receiving only one proposal from a qualified service provider, staff evaluated its proposal based on a list of requirements in the RFP and rated it accordingly. Staff is recommending Tripepi Smith & Associates for the service agreement based on its experience with video production in the government sector, including with the City of Bellflower, understanding of the specific requirements of our video production needs, and its competitive fee structure.

ATTACHMENT

Agreement File No. 684.4 ............................................................................................... 3

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AGREEMENT FILE NO. 684.4

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

TRIPEPI SMITH & ASSOCIATES

FOR VIDEO PRODUCTION, RECORDING, EDITING AND SUPPORT SERVICES

THIS AGREEMENT is entered into this twelfth day of September 2022, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and Tripepi Smith & Associates, a California Corporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $68,250 annually for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Consultant Fee Proposal - Exhibit “B,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Request For Proposal - Exhibit “A,” which is incorporated by reference.

B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to 3 City of Bellflower
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cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. Effective October 1 of each succeeding year, the hourly rates in Exhibit B will be increased annually (rounded to the nearest dollar) by the higher of percentage increase in the Consumer Price Index for All Urban Consumers, Los Angeles-Long Beach-Anaheim, for all items, 1982-84=100 (the CPI-U), published by the United States Department of Labor for the prior 12-month period ending in July or five percent (5%).

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $25,000 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

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i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be from October 1, 2022 to September 30, 2025. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “A”;

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 5 City of Bellflower
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11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

Request for Proposal – Exhibit “A”
Consultant Fee Proposal – Exhibit “B”

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, 6 City of Bellflower
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any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk.

18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:

i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by 7 City of Bellflower
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CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.

ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.

Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
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22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $2,000,000

Professional Liability $1,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and 9 City of Bellflower
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limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”

F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative 10 City of Bellflower
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description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Ryder Todd Smith Attention: Jeffrey L. Stewart, City Manager Tripepi Smith & Associates City of Bellflower
PO Box 52152 16600 Civic Center Drive
Irvine, CA 92619 Bellflower, CA 90706
(562) 536-2173 (562) 804-1424
[email protected] [email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. ☐ This Section applies only if box is checked. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.”

29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration 11 City of Bellflower
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contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

30. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

34. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

35. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

36. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.

37. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 12 City of Bellflower
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38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

39. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BELLFLOWER TRIPEPI SMITH & ASSOCIATES

_____________________________ ____________________________ Jeffrey L. Stewart, City Manager Ryder Todd Smith, President

ATTEST:

_____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 73-1642614

ATTACHMENTS:

Exhibit A - Request for Proposal
Exhibit B - Consultant Fee Proposal
13 NOTICE OF REQUEST FOR PROPOSALS

FOR VIDEO PRODUCTION, RECORDING, EDITING AND SUPPORT SERVICES

NOTICE IS HEREBY GIVEN the City of Bellflower (City) will receive proposals for providing Video Production, Recording, Editing and Support Services.

Proposals will be received at the City Hall Reception Desk, 16600 Civic Center Drive, Bellflower, California, 90706 until 4:30 p.m. on Thursday, July 14, 2022. All proposals

CITY OF BELLFLOWER VIDEO PRODUCTION,
RECORDING, EDITING AND SUPPORT SERVICES PROPOSAL and shall be delivered to the City Hall Reception Desk during the business hours of 8:00 a.m. to 5:30 p.m., Monday through Thursday, and 8:00 a.m. to 4:30 p.m. every other Friday, except holidays and those Fridays on which City Hall is closed. POSTMARKS WILL NOT BE ACCEPTED. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. Facsimiles will not be accepted. The City may extend the deadline at its option.

Submit three (3) copies of your Proposal. It should be understood the final fee will be negotiated with the City. As part of the Cost Proposal, please provide a breakdown of the hourly rates and any other applicable fees.

All submitted proposals will be reviewed and analyzed by City staff and the proposals The City reserves the right, in its sole discretion during the selection process, to reject any or all proposals or any portion without exception or explanation.

Parties interested in obtaining a Request for Proposals (RFP) Package (at no cost) should contact the:

Parks and Recreation Department
16614 S. Clark Ave.

Bellflower, CA 90706
(562) 804-1424 x2267

s website at:
http://www.bellflower.org .

For questions regarding this RFP you may contact Kristen Smith, Recreation Manager, at 562-804-1424, extension 2267, or [email protected].

MANDATORY WALK-THROUGH
A mandatory in-person walk-through will be held at 10:30 AM, Tuesday, June 21, 2022 at City Hall, 16600 Civic Center Drive, Bellflower, CA 90706. Proposers will have an opportunit Council Chambers and video room. Attendance of the walk-through is mandatory for parties wishing to submit a proposal.

SUBMITTAL DEADLINE

TO BE CONSIDERED, PROPOSAL MUST BE SUBMITTED NO LATER THAN Thursday, July 14, 2022, at 4:30 p.m. at the City Hall Reception Desk, 16600 Civic Center Drive, Bellflower, California, 90706. Postmarks will not be accepted. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. Electronic mail or facsimiles will not be accepted. The City may extend the deadline at its option.

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14 Notice of RFP for Video Services
City of Bellflower

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1.0 BACKGROUND

The City of Bellflower (City) is seeking proposals from qualified Contractors for professional video services to provide a variety of video production, recording, editing, and support related tasks assigned by the Parks and Recreation Department in support of various departments, events, and projects throughout the City. The successful Contractor must have the knowledge, expertise, staff, and availability to perform all the work as specified within this RFP; and, have the resources to conduct a full service turnkey video recording and production operation. City does not commit to a specific number of projects or hours that video services and support may be needed.

2.0 SCOPE OF SERVICES

2.1 VIDEO SERVICES OPERATIONS

The Contractor will maintain the necessary equipment and offsite, permanent operation for conducting all services specified within this RFP.

2.2 CITY COUNCIL MEETINGS

The Contractor will be required to attend all City Council meetings and operate and be able to provide support with all audio/visual equipment furnished by the City in video room. An inventory list of the City
Council Chambers audio/visual system is listed in Appendix A: Council Chambers and Video Room Equipment List and will be reviewed at the mandatory walk- through.

Typically, the City Council meets on the 2nd and 4th Monday of each month and the video service needs will begin at 4:30 p.m., and continue until the meeting has concluded and all video production assigned tasks have been completed, including producing a finalized digital file of the City Council meeting for playback and 2/Carousel 340-SDI Video Server/Bulletin Board System, which is the current method of broadcasting for City programming; along with a digital file of the City Council meeting for playback on YouTube channel. Special meetings are scheduled on an as needed basis and to accommodate holiday scheduling.

Broadcasts of City programming, including City Council meetings, are conducted from the Video Room at Bellflower City Hall, since the City has a dedicated PEG Channel feed through Spectrum, the local Cable TV franchisee. This will require the selected Contractor to ensure the City Council meetings are captured on the Tightrope Cablecast broadcast media server, and airing of the City Council meetings and other City programming is properly scheduled.

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2.3 SPECIAL EVENTS AND PROJECTS

Video service projects and tasks are needed on an as-needed basis throughout the year. Projects can vary from short promotional videos to full-length event coverage videos. With reasonable notice, the Contractor will be required to attend events or project shoots for video recording, in addition to creating a final video product for distribution through multiple outlets including digital, DVD, social media, etc. https://www.youtube.com/user/CityOfBellflower

Contractor may be utilized for additional video/audio support services at The Mayne Events Center and Fire Museum facility, located at 16400 Bellflower Blvd., the William and Jane Bristol Civic Auditorium (WJBCA) facility, located at 16600 Civic Center Dr., and other City facilities and special events on an as-needed basis.

3.0 SERVICE HOURS AND PROJECT REQUESTS

within two working days, esponses will include
a confirmation of service/project direction and needs, as well as an estimated number of billable hours to be dedicated to the project and the turnaround time of the request. Contractor will maintain a computerized and hard copy record of project requests.

4.0 CONTRACTOR SELECTION SCHEDULE

The City intends to utilize the following planning chart for the timetable and process of evaluating proposals.

Request for Proposals posted: June 8, 2022 Mandatory Walk-Through: June 21, 2022
Deadline for Questions or Requests for Information: July 7, 2022 Proposals due and received (by 4:30 PM): July 14, 2022 City Review of Proposals: July 15 August 4, 2022 Contractor Selection by: August 12, 2022
City Council Approval of Agreement: September 12, 2022

5.0 PROPOSAL FORMAT GUIDELINES

Interested Contractors are to provide the City with a thorough proposal using the following guidelines:

5.1 COVER

Video
Production, Recording, Editing and Support Services Proposal.

Each submittal should have tabs numbered with the following categories:

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5.2 EXECUTIVE SUMMARY

Provide a cover letter that states the title of the RFP. Include the following information:

Primary contact for the submittal
Street address (post office boxes are not acceptable)
Telephone number
Fax number
E-mail address
Web address, if applicable

5.3 INTRODUCTION

Provide general information about your operations, whether you are an individual or a firm, include size, scope of practice, years in business, number of employees, if any, and office location(s). State the legal name, address and legal structure of your firm.

5.4 PROGRAM TEAM AND MANAGEMENT

5.4.1 Organization: This section should include a listing of the staff and management proposed for the Services to be provided, as well as an organization chart.

5.4.2 Prior Experience: Indicate the relevant experience in undertaking this work.

Provide a description of at least three previous Service Agreements. For each Service Agreement, identify the client and client contact, type of funding, and cost.

5.4.3 Key Staff: Indicate the education, registration, licenses and certifications, background and relevant experience of the individuals principally responsible for the completion of the work. Indicate years with your firm and whether qualifying experience was with your firm. Identify the roles, responsibilities and time commitment of all key staff. Include resumes of key staff.

5.5 APPROACH TO REQUESTED SERVICES

State your understanding, approach to the services, proposed methodology and any suggestion for the City. Provide digital copies of sample projects you have worked on for evaluation.

5.5.1 Equipment and software: Provide a list of equipment and software that you will utilize to complete all video production, recording, editing, and support services related to the RFP.

5.5.2 Finished product: Provide a detailed description of the different formats you will be capable of producing final video products into.

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5.6 CITY PROVIDED SUPPORT

State any support you will require from the City.

5.7 ADMINISTRATIVE REQUIREMENTS

5.7.1 Signature: The Proposal will be signed by a company officer authorized to bind the firm and will contain a statement indicating that the proposal is valid for ninety (90) days.

5.7.2 Questions Regarding the RFP: Please direct any questions regarding this Recreation Manager, Kristen Smith, at
[email protected] or via fax at 562-925-7272.

5.8 FEE PROPOSAL

The City is interested in a fee proposal consisting of hourly rates for City Council Meeting video related tasks utilizing City provided equipment, special event and additional audio
support services at City facilities and special events on an as-needed basis utilizing either City provided audio equipment or audio equipment, and any other fees that may be applicable. Contractor will provide a completed Appendix B: Fee Proposal.

6.0 GENERAL TERMS AND CONDITIONS

6.1 AGREEMENTS BETWEEN CONTRACTOR AND CITY

The City will prepare an Agreement for Professional Services with the successful Contractor using the template in Appendix D. Proposal must state willingness to enter into City agreement as represented in Appendix D, or list any amendments that may be proposed.

6.2 LATE SUBMITTALS

It is the sole responsibility to ensure proposals are received at the City ior to the scheduled closing time specified in this RFP.

Submittals will not be accepted after the deadline. Postmarks will not be accepted.

Failure of, or disturbances in any mail service is not a legitimate reason for Statements of Proposals to be submitted after the above due date. Proposals submitted by e-mail or facsimile will not be accepted.

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6.3 EVALUATION OF SUBMITTALS

The City will evaluate submittals with the intent of selecting the most qualified Contractor. Evaluation criteria include but are not limited to the following:

Evaluation Factor %Weight
Fee Proposal 50
Meaningful experience providing Video Production Services 15 Past record with municipal and/or other government agency agreements 10 Compliance with RFP requirements (Scope of Services, Proposal Format, etc) 10 Responsiveness and thoroughness of proposal 5 Level of care and support provided to internal and external customers 5 Any other factors determined by City to be relevant to the performance of these services 5
Total 100
Note: The apparent most qualified proposer may be selected to be interviewed by City Representatives. The City reserves the right to interview as many or few proposers as deemed appropriate by the City. The City also reserves the right to make its selection without conducting interviews.

After evaluation of the proposals, negotiation for the price of the agreement will commence with the top ranked proposer based on the submitted cost proposals. If agreement cannot be reached, negotiations may be init iated with the next ranked proposer.

6.4 REJECTION OF PROPOSALS

The City reserves the right to reject all proposals received in response to this RFP and to waive any irregularity in any proposal if it is determined to be in the best interest of the City to do so.

6.5 PROPOSAL VALIDITY PERIOD

and contents thereof, are valid for at least ninety (90) days following the submission of the proposal and will become part of the agreement that is negotiated with the successful Contractor.

6.6 SUBSTITUTION OF PERSONNEL

If one or more of the key personnel represented in the proposal becomes unavailable during the course of the programs, then the Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that the City and Contractor cannot agree as to the substitution of key personnel, the City will be entitled to terminate the Agreement for Services with the Contractor.

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6.7 DOCUMENTS TO BE CONSTRUED TOGETHER

The RFP and all documents incorporated by reference in an agreement entered into between the Contractor and the City, and all modifications of said documents, will be construed together as one document.

6.8 MINIMUM INSURANCE REQUIREMENTS

The Contractor will maintain, at a minimum, the insurance requirements specified in the Professional Services Agreement. Appendix C must be signed and submitted with project proposal.

6.9 ADDITIONAL SERVICES

The City will have the right to make alterations, eliminations, and additions to the scope of services. Exercise of such right will in no way void the agreement. The City and the Contractor will agree upon the value of such additional services or deleted work prior to proceeding with the said additional services.

6.10 SUBMITTALS

Three (3) copies of the proposal must be received by the date and time specified above in this RFP. Hand deliver, express, or mail proposals only to:

City of Bellflower
Parks and Recreation Department
Attn: Kristen Smith, Recreation Manager
16600 Civic Center Drive
Bellflower, CA 90706

Attachments:

Appendix A: Council Chambers and Video Room Equipment List Appendix B: Fee Proposal
Appendix C: Insurance Requirements
Appendix D: Sample Agreement for Services

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CITY OF BELLFLOWER

REQUEST FOR PROPOSALS APPENDIX A

COUNCIL CHAMBERS AND VIDEO ROOM EQUIPMENT LIST

Manufacturer Model Description
Apple Final Cut Pro Software Editor for OFE Mac
Apple iPad 2 Apple iPad 2
Argosy 90-V2R-1005 Production Workstation
Atlas C803A T87 Ceiling Speaker Assembly
Behringer Ultragain ADA8000 8 channels A/D & D/A converter Blackmagic Design ATEM 2 M/E Production Switcher
Blackmagic Design ATEM 1 M/E Panel Control Surface
Blackmagic Design CONVMCAUDS2 Audio to SDI Embedder
Blackmagic Design Hyperdeck Studio Digital Video Recorder Blackmagic Design DeckLink Studio HDSDI Mac Interface
Blackmagic Design Smart VideoHub 12 x 12 SDI Matrix Switcher Blackmagic Design SmartView Duo Output Monitor
Blonder Tongue AM-60-550 NTSC Modulator
Chief LTMU Flat Panel Mount
ClearOne SR1212 Digital Matrix Mixer
Clock Audio C800E-RF Microphone
Clock Audio S133 Microphone Stand
Crestron DM-MD16X16 PC Video Switcher Frame
Crestron DMC-HD Input card for DM Switchers
Crestron DMC-C DM Input Module
Crestron DMCO-5530 HDMI output module
Crestron DM-TX-200-C-2G-WALL PC Input Plate
Crestron AV3 Wireless System Controller
Crestron IDOC-PAD2-DSC iPad Docking Station
Crestron DMC-HD HDMI input card
Crestron C2N-FT-TPS4-BALUN Fliptop DA Mic Control Station Crestron GLA-DMX512 DMX Lighting Controller
Crestron MOBILE PRO-G Crestron Mobile Pro-G
Crestron SW -XPANEL-FOR-MAC Crestron Virtual Touch Panel Crown CDI1000 Audio Amplifier
Da-Lite -Mat HD 88545 Tensioned Electrol Screen
Elmo P10 HD Document Camera
Extron MDA3V Video Distribution Amplifiers
HP V1910-24G Ethernet Switch
Intel SSDSA2CW300G3B5 Solid State Drive
Litepanels 903-1001 LED Flood Lighting Panel
Marshall M-LYNX-702W
Middle Atlantic UPS-S1500R 1500 VA Rackmount UPS
Panasonic TC-L37E3 HD Multi-view Monitor
Panasonic PTDZ 6710U HD Video Projector

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Manufacturer Model Description
Premier PTM Monitor Tilt Mount
Premier PDS-Plus Projector Mount
RDL DS-XLR3F Decora Mic Input Plate
RDL ST-UMX3 Universal Mixer 3x1
Sharp LC42LE540U
Sharp LC80LE632U
Shure ULXS124/85 Microphone Receiver Combination
Tascam BD-r2000 BD/DVD Recorder-Player
Tightrope CAR-CG340-SDI Carousel Bulletin Board
Tightrope CBL-FLEX2-340 Cablecast Flex 2 Video Server
TripLite Smart500RT1U Uninterruptable Power Supply
Vaddio WallVIEW CCU HD-20CAT5 HD Camera
Vaddio 999-5300-00 PTZ Camera Controller
Viewsonic VX2252MH
Whirlwind SPC82 Pack Mount Splitter
Yamaha 01V96 Digital Audio Mixer
ZeeVee ZVPro280 HD QAM Encoder/Modulator

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CITY OF BELLFLOWER

REQUEST FOR PROPOSALS - APPENDIX B

FEE PROPOSAL

Item Hourly Rates
Hourly Rate for Video Production of Special
Events and Projects (at various locations
using Contractor provided equipment and
supplies)
$ /hour
Hourly Rate for Video Production of City
Council Meetings (at City Hall using City
provided equipment and supplies)
$ /hour
Hourly Rates for additional audio support
services at City facilities and special
events on an as-needed basis utilizing
either City provided audio equipment (1)
audio equipment (2).
(1) $ /hour

(2) $ /hour
Other (Please explain): $ per

Applicable Notes, if any:

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INSURANCE REQUIREMENTS APPENDIX C
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]

To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $2,000,000
Professional liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

Commercial general liability insurance must meet or exceed the requirements of ISO- CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, to state that such in
may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an reduction except upon thirty (30) days prior written notice to the City.

Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a 30) day
notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates 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

By signing this form, the bidder certifies that it has read, understands, and will comply return thi

__________________ ____________________________
Date Bidder Signature

____________________________
Name of the Company
24

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CITY OF BELLFLOWER

REQUEST FOR PROPOSALS APPENDIX D

SAMPLE AGREEMENT

AGREEMENT FILE NO. XXX

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

INSERT NAME OF CONTRACTED PARTY HERE

FOR VIDEO PRODUCTION, RECORDING, SUPPORT, AND SERVICES

THIS AGREEMENT is entered into this Click here to enter text. day of Click here to enter text. 20Click here to enter text., by and between the CITY OF BELLFLOWER, a municipal Consultant name, a type of organization, e.g.,
corporation, and state of incorporation

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Click here to enter text.
this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY wi Click
here to enter text.

2. SCOPE OF SERVICES.

A. Click here to
enter text.by reference.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to ring the deficiencies will be borne by
CONSULTANT.
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6. ADDITIONAL WORK.

A.
the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

C. Payments over $Click here to enter text. for Additional Work must be approved by ll be subject to all other terms and
provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such instructions are received from CITY.
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8. TERM. The term of this Agreement will be from Click here to enter a date. to Click here to enter a date.. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Click here to enter text.

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written own risk.

10. TIME EXTENSIONS.
control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

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15. WAIVER.

CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B.
consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'
CONSULTANT for such work.

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages

17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, CONSULTANT may retain copies of said documents and materials as desired, but will deliver all completed work product, for purposes other than identified in this Agreement, or use of incomplete

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18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY w
be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:

i. Indemnification for Professional Services . CONSULTANT will save CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, agents, employees, or representatives, in the performance of this Agreement,
negligence or willful misconduct.

ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (includ
of this Agreement, or its performance, except for such loss or damage arising in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B.
agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

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20. ASSIGNABILITY.
written approval are prohibited and will be null and void.

21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

Type of Insurance Limits

Commercial general liability: $2,000,000

Professional Liability $1,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an reduction except upon thirty (30) days prior written notice to CITY. 30 Notice of RFP for Video Services
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ANT will continue to renew the insurance for a
period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance requ
expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self- deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deduc
do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS.
use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

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26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Click here to enter text. Attention: Click here to enter text.

Click here to enter text. City of Bellflower
Click here to enter text. 16600 Civic Center Drive
Click here to enter text. Bellflower, CA 90706
phone (562) 804-1424
email email

27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and

28. This Section applies only if box is checked. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.

29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

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32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Click here to enter text. Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

39. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other simi
Agreement will immediately terminate without obligation of either party to the other.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BELLFLOWER Consultant name

_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Click here to enter text.

ATTEST:

_____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. enter no.

34 35

36 37

Bellflower City CouncilSeptember 12, 2022

Bellflower City Council
September 12, 2022