Bellflower City Council
September 25, 2023

14-C
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Travis Sais, Deputy City Manager

SUBJECT: Consideration and possible action to award a contract extension to Mercy House Living Centers (Mercy House) by authorizing the City Manager to execute Amendment No. 4 to Agreement File No. 853 with Mercy House, in a form approved by the City Attorney, for Temporary Homeless Shelter Operator Services.

DATE: September 25, 2023

EXECUTIVE SUMMARY

On June 26, 2023, staff released a Request for Proposals (RFP) for Homeless Shelter Operator Services, which sought proposals from qualified vendors to operate the Bellflower New Hope Shelter. After receiving two proposals and going through a review and rating process, staff is recommending Mercy House Living Centers for the service agreement based on its experience in serving homelessness populations, understanding of the specific requirements of the City’s needs, and its competitive fee structure.

RECOMMENDATION TO CITY COUNCIL

1) Award a contract extension to Mercy House Living Centers by authorizing the City Manager to execute Amendment No. 4 to Agreement File No. 853, in a form approved by the City Attorney; or

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

FISCAL IMPACT

The agreement extension to operate the New Hope Shelter from October 1, 2023 through September 30, 2024 will provide for a not-to-exceed amount of $2,070,280.09. Funds are budgeted in Account Nos. 010/030-42054-8010.

BACKGROUND

In an effort to address the concerns of Bellflower residents, the City settled a homelessness-related federal lawsuit filed against the City by a homeless advocate group and, in the settlement (The Catholic Worker of Orange County v. City of Bellflower), Federal District Court Judge David O. Carter ordered the City to build a temporary services shelter for 50 persons.

-1-

Staff Report – New Hope Shelter RFP
September 25, 2023

BACKGROUND – Continued

Therefore, the New Hope shelter was built and was dedicated on May 18, 2020. The City entered into an agreement with Mercy House Living Centers (“Mercy House”) on December 19, 2019, and the services commenced at New Hope on May 20, 2020. The shelter has now been operational for more than three years, with Mercy House as the operator.

On April 24, 2023, the City Council conducted a New Hope Shelter study session where it directed staff to extend the agreement with Mercy House through September 30, 2023, for Temporary Shelter Services at New Hope Shelter. Prior to the expiration of th e extended term, the City Council directed staff to solicit proposals for a New Hope Shelter operator.

DISCUSSION

On June 26, 2023, staff released a Request for Proposals (RFP) for Homeless Shelter Operator Services, which sought proposals from qualified vendors to operate the Bellflower New Hope Shelter. After receiving two proposals and going through a review and rating process, staff is recommending Mercy House Living Centers for the service agreement based on its experience in serving homelessness populations, understanding of the specific requirements of the City’s needs, and its competitive fee structure.

Staff received proposals from Mercy House and the Salvation Army and rated the proposals based on the criteria below. The ratings are summarized as follows:

Evaluation Criteria
Mercy
House
Living
Centers
Salvation
Army

1. Service Provider’s demonstrated experience in serving persons experiencing homelessness and operating a
shelter program similar in nature to the Bellflower New Hope Shelter (15%)
15 14.75

2. Familiarity with the Los Angeles County Coordinated
Entry System and Los Angeles County Homeless Services
and Resources (15%)
14 14.75

3. Capability and capacity of Service Provider and key
project personnel to handle the project in terms of
workload, experience, and efficient staff utilization (25%)

23.5 22.75

4. Proven ability to successfully transition/exit shelter participants to transitional and permanent housing (25%) 21 22.25

5. Cost (20%) 18 14.25
TOTAL (100%) 91.5 88.75

ATTACHMENTS

1. RFP No. CM-2023-01 for Homeless Shelter Operator Services……….. ……………...3

2. Amendment No. 4 AFN 853 with Mercy House Living Centers ................................. 33 -2-

REQUEST FOR PROPOSALS (RFP)
PROPOSAL NO. CMO-2023-01

FOR HOMELESS SHELTER OPERATOR SERVICES

RELEASED: June 26, 2023
SUBMITTALS DUE BY: 3:30 P.M., July 20, 2023

CITY OF BELLFLOWER
CITY CLERK’S OFFICE
16600 CIVIC CENTER DRIVE
BELLFLOWER, CA 90706
-3-

REQUEST FOR PROPOSALS

Sealed proposals must be received before 3:30 p.m. on Thursday, July 20, 2023, by the City Clerk’s Office for the City of Bellflower, 16600 Civic Center Dr., Bellflower, CA 90706 for Homeless Shelter Operator Services.

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

City Clerk’s Office
16600 Civic Center Drive
Bellflower, CA 90706
Or via telephone at (562) 804-1424, ext. 2220

Please refer to specifications for complete details and bid requirements. The specifications in this notice are a part of any contract awarded in accordance with this RFP.

Contact:

Travis Sais, Assistant to the City Manager
(562) 804-1424, ext. 2278
[email protected]

-4-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

CITY OF BELLFLOWER

REQUEST FOR PROPOSALS
PROPOSAL NO. CMO-2023-01

PROPOSALS ARE DUE: NOT LATER THAN 3:30 PM Thursday, July 20, 2023.

The City of Bellflower (City) invites sealed proposals for: Homeless Shelter Operator Services

1. Return original of Proposal to:

City of Bellflower
City Clerk’s Office
16600 Civic Center Dr.

Bellflower, CA 90706

2. Proposer must honor proposal prices for sixty (60) days.

3. Proposals must include this Proposal form and be signed by the Service Provider’s authorized representative.

4. Award of a contract will be made by the City Council based upon the criteria set forth in this Request for Proposals (RFP) and will be made based upon the best qualified proposer rather than lowest price.

5. Proposals submitted in response to the is RFP are public documents.

PROPOSER TO READ

I have read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.

__________________________ ________________________________ Company Address

____________________________ ________________________________ Name (Print) Signature

____________________________ ________________________________ Company Phone No. Title of Person Signing Bid

-5-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

PROPOSAL INSTRUCTIONS

1. Submitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording “Proposal,” proposal number and closing date marked on the outside; (b) Proposals/corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record.

2. Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal. The City has the option of accepting or rejecting any alternative proposal.

3. Currency. All references to dollar amounts in this solicitation and in Service Provider's response refer to United States currency.

4. Preparation. All proposals must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal.

5. Rejection. The City may reject any or all proposals and waive irregularity in any proposal.

6. Default. In case of default by the vendor of any of the conditions of this proposal or contract resulting from this proposal, the vendor agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made.

7. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.

8. Sub-contractors. The Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of ti me they will spend on the project.

9. Indemnification. The extent of a successful contractor’s obligation to indemnify and defend the City is set forth in the sample contract attached to this RFP.

10. Bonds. When deemed necessary by the City, bid bonds must be furnished by all proposers in the amount of at least 10% of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. Likewise, a Performance Bond must be required of the successful proposer when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond).

-6-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

11. Insurance. This is a contract involving services and the City requires insurance.

Insurance must be primary insurance and must name the City of Bellflower as an additional insured. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $2,000,000, automotive in the amount of $1,000,000, and worker’s compensation in accordance with California law. Specific insurance requirements are set forth in the sample contract.

BIDDERS MUST SIGN AND RETURN EXHIBIT A, INSURANCE
REQUIREMENTS, WITH THEIR PROPOSAL.

12. Proposal Rejection. The City may reject the proposal of any proposer who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Bellflower.

13. Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract.

14. Proposal Questions.

Questions should be forwarded on letterhead to:

City of Bellflower
Travis Sais, Assistant to the City Manager
16600 Civic Center Dr.

Bellflower, CA 90706
[email protected]

The last day to submit questions regarding the RFP is July 11, 2023.

15. Signature Verification Form. BIDDERS MUST SIGN AND RETURN EXHIBIT B, SIGNATURE VERIFICATION FORM, WITH THEIR PROPOSAL.

-7-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

CONTRACT SAMPLE

The successful bidder will be required to enter into the sample contract that is attached as Exhibit “D.”

STATEMENT OF WORK AND FORMAT

The City of Bellflower (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposals (RFP) the words “Service Provider,” "Bidder," "Contractor," “Vendor”, “Firm”, “Company”, and "Consultant" are used interchangeably.

1. Purpose: The City of Bellflower invites qualified Service Providers to submit a proposal and qualifications for the operation and staffing of the City’s existing 50- bed temporary homeless shelter (New Hope) located in the City of Bellflower.

2. Proposal Schedule: Following is a tentative schedule of events:

Pre-Proposal Meeting / On-site Inspection

A pre-proposal site walk-through will be held on Thursday, July 6, 2023 at 10:00 a.m. at the Bellflower New Hope Shelter, located at 8833 Cedar Street, Bellflower, CA 90706.

Attendance at the walk-through is mandatory. The meeting will include a walk- through to show prospective bidders the Bellflower New Hope Shelter facility. No submittal will be accepted from any bidders who fail to attend the pre -proposal walk-through. With the exception of questions received at the pre-proposal walk- through, all other questions must be submitted in writing via letter or e -mail to:

Travis Sais, Assistant to the City Manager
16600 Civic Center Dr.

Bellflower, CA 90706
[email protected]

Proposal Requirements

Three copies of the proposal and one digital version on a USB Drive must be received by the City as set forth on the first page.

-8-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

Evaluation of Proposals

The proposals will be reviewed by City staff during the week of July 24, 2023.

Proposals will be evaluated based on the following qualifications criteria:

Evaluation Factor %Weight

1. Service Provider’s demonstrated experience in serving persons experiencing homelessness and operating a shelter program similar in nature to the Bellflower New Hope Shelter……………….……………………………….…....15

2. Familiarity with the Los Angeles County Coordinated Entry System and Los Angeles County Homeless Services and Resources......……………………..15

3. Capability and capacity of Service Provider and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization…………………………………………………………………………....25

4. Proven ability to successfully transition/exit shelter participants to transitional and permanent housing………..………………………………………...…….....25

5. Cost………….………………………………………………………………………20
Total 100
Recommendation to City Council for Contract Award

Interviews of the highest qualified bidders, as determined by the City may be required. During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break, for clarification purposes only. No new material will be permitted at this time. The successful Service Provider will be selected by the City Council based upon the qualifications criteria set forth above and the City’s sole discretion. The Council is under no obligation to contract with any applicant.

3. Introduction/Background: The City prioritized the construction of the Bellflower New Hope Homeless Shelter to provide much needed shelter for the City's homeless population. The City’s Homeless Shelter has been operating since May 20, 2020 and is limited to Bellflower-based homeless adults. The Homeless Shelter currently provides services that include, but are not limited to: Intake/Bed Reservations, Foods/Meals, Laundry, Storage, Animal/Pet Assistance, Security, Transportation, Recreational Activities, Assessment and Housing Navigation Case Management, Housing Placement Services, Life Skills Classes/Tenant Education, Employment/Job Placement Referrals, Health Care Resources, Crisis Evaluation/Mental Health Resources, Drug & Alcohol Treatment Referrals, an d Benefits Enrollment. The Bellflower New Hope Shelter is a closed campus with participants arriving and departing via pre-arranged transportation. All work must be performed in accordance with applicable codes, standards and regulations.

4. Objective(s)/Work Products: The City is soliciting proposals from qualified Homeless Service Providers to operate the City’s New Hope Homeless Shelter for up to 50 adults, providing services and shelter 24 hours a day, 365 days a year.

The City is seeking a Service Provider that is highly experienced and familiar with the Los Angeles County Coordinated Entry System and Los Angeles County -9-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

homeless services. The selected Service Provider shall have demonstrated experience in exiting shelter participants to transitional and permanent housing.

5. Work Statement: Service Provider must be capable of providing the following services:

1) Under coordination and supervision of the Service Provider, provide a wide range of on-site programs and services from a variety of community partners, government and nonprofit health and social services agencies and coordinated entry system services.

2) Staff and operate a 24 hour, 365 days a year homeless shelter.

3) Provide on-site security of the facility, 24 hours a day, 365 days a year.

4) Provide shelter participant intake, case management and housing navigation services.

5) Provide daily meals and snacks to shelter participants.

6) Provide and coordinate transportation for shelter participants.

7) Establish and provide on-site recreational activities for shelter participants.

8) Work closely with housing and other service providers through the Los Angeles Coordinated Entry System to ensure shelter participants are connected to permanent supportive housing, rapid rehousing, transitional housing, and other homeless services and housing options.

9) Connect shelter participants to employment opportunities and job service providers.

10) Connect shelter participants to drug and alcohol treatment providers.

11) Connect shelter participants to mental health resources and providers.

12) Establish and maintain relationships with County agencies (e.g. LAHSA), departments (e.g. LASD), and the VA to provide referrals for benefit enrollment, mental health services, and housing placement.

13) Provide daily enrollment reports, exit reports, monthly outcome reports, annual outcome reports, and other reports as deemed necessary by the City.

14) Develop and document clear Policies and Procedures regarding allowable reasons and procedures for exiting shelter participants.

-10-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

15) Provide labor, equipment, vehicles, tools, fuel, materials, insurance, bonds, supervision, and all other items needed to deliver exceptional temporary shelter services, acceptable to the City’s standards.

6. Required Qualifications: A minimum of three consecutive years of successful managing and operating homeless programs and delivering relevant services of a similar type and scope as described in the Work Statement (Section 5).

7. Time Schedule:

The initial term of this Agreement will be for a period of one-year, with three one- year extensions at the City’s option.

8. Response Submittal Requirements.

(a) CONTENTS OF PROPOSAL

Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation.

FORMAT

Each proposal must be submitted in two parts:

Part I must relate to the Technical Proposal
Part II must relate to the Cost Proposal

PART I - TECHNICAL PROPOSAL [Submit those with boxes checked below]

☒Cover Letter - Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm.

☒Table of Contents - Clearly identify material contained in the proposal by section and page number.

☒Introduction – A narrative that describes the organization, mission, history, objectives, programs and services, and any other pertinent information that the Service Provider feels is important.

☒Project Analysis - Provide an explanation and interpretation of the challenges identified in this RFP.

-11-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

☒Objective, Scope, Nature of Proposed Program - Describe the overall approach to the challenges, including the objective and scope of work to be performed by the Service Provider.

☒Shelter Program Plan/Operating Plan - Describe the proposed shelter program and services to be provided. Please ensure to include descriptions of the following:

Housing Navigation Plan, Case Management Plan, Food Policies, Transportation Policies, Pet and Service Animal Policies, Safety Policies, and Shelter Exit Policies. Explain how the Bellflower New Hope Shelter will be integrated into the larger Continuum of Care system.

☒Shelter Security Plan – Describe the Security Plan for the Facility including eligibility screening; securing of entrances as well as entrance and exit procedures; role of on-site security personnel, security alarms and cameras; policies on de - escalation of conflicts, possession of weapons and controlled substances; store of client possessions; procedure for contacting police (LASD).

☒Good Neighbor Plan - Provide an example of a Good Neighbor that includes policies for community involvement, policies for neighborhood patrol, informing the public about the positive aspects of the program and generating educational or outreach materials, being responsive to community concerns, communication and coordination with neighborhood, business and public, local police (LASD) and fire department (LACFD), city, county and Service Providers, and working closely with the City of Bellflower to minimize the impact of the program on the surrounding neighborhood. (Note that any printed or published materials relating to the Bellflower New Hope Shelter will be subject to approval by the City.)

☒Methodology - Describe the methodology and techniques to be employed.

☒Program Management - Describe the proposed program management structure.

☒Assigned Personnel - Identify the principals having primary responsibility for implementing the proposal. Discuss their professional, technical and academic backgrounds. Provide a summary of similar work they have previously performed.

List the amount of time, on a continuous basis, that each principal will spend on this project. Describe the responsibilities and capacity of the technical personnel involved. Substitution of project manager and/or lead personnel will not be permitted without prior written approval of the City.

☒Staffing Schedule/Plan - List the proposed staffing schedule including labor hours.

☒Program Monitoring - Describe the quality control procedures to be utilized to ensure conformance with the Work Statement (Section 5).

-12-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

☒Subcontractors - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to project management, schedule, costs, and hourly rates.

☒Service Provider Capability and References - Provide a summary of the organization's relevant background experience. Discuss the applicability of such experience to this RFP. Include examples of projects/programs completed for other similar agencies that are of a similar nature and a contact person for each of those clients. Please include at least three client references that represent similar projects. This should include company/organization names, titles, telephone numbers, and e-mail addresses for individuals who can provide information related to the following items:
a. Financial capability
b. Ability to operate a temporary homeless shelter
c. Collaboration with city staff and the community

☒Alternative Proposals - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to address just the following:
a. Shelter Program Plan
b. Methodology
c. Assigned Personnel

☒Bankruptcies - Please note whether the organization or its principals have filed for bankruptcy under any business name over the past five (5) years.

☒Conflict of Interest - Address possible conflicts of interest with other clients affected by actions performed by the organization on behalf of the City. Although the bidder will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.

-13-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

PART II - COST PROPOSAL [Submit those with boxes checked below]

Name and Address: The Cost Proposal must list the name and complete address of the bidder in the upper, left-hand corner.

Cost Proposal:

☒The Cost/Price format for the proposal must be as outlined in the Exhibit C of the RFP.

☒Total cost must be clearly indicated in the Cost Proposal.

☒Costs must be itemized per the agreement for services.

Charges for supplies, equipment, travel, and subcontractors will be paid at cost. It is expected that general, overhead, and administrative costs are included in the hourly rate for labor. Bids submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected bidder.

(b) PROPOSAL SUBMISSION

All proposals must be submitted according to specifications set forth in Sect ion 8 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal.

I. Signature. An authorized representative of the bidder MUST sign all proposals.

II. Due Date. The proposer must submit THREE (3) complete copies of the proposal and ONE (1) digital copy on a USB Drive in a sealed envelope, plainly marked in the upper, left-hand corner with the name and address of the bidder and the words "Request for Proposals No. CMO-2023-01 – Homeless Shelter Operator Services."

Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.

III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period.

IV. Rejection. A proposal may be deemed nonresponsive and may be immediately rejected if:

-14-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

- It is received at any time after the exact date and time set for receipt of proposals and/or;
- It is not prepared in the format prescribed and/or;
- It is signed by an individual not authorized to represent the firm.

V. Disposition of Proposals. The City reserves the right to reject any or all proposals. All responses become the property of the City. One copy of the proposal must be retained for City files. Additional copies and materials will be returned only if requested and at the bidder's expense.

VI. Proposal Changes. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of sixty (60) days after the last day to accept proposals.

-15-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

EXHIBIT A

INSURANCE REQUIREMENTS
[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 the most recent ISO-CGL Form Number. 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, 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 the City will be excess thereto. Such insurance must 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 the City.

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

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 Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage.

-16-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

Exhibit A: Insurance Requirements – Continued

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 “endeavor” with regard to any notice provisions.

By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this form may render the bidder’s proposal “nonresponsive.”

______________ __________________________
Date Bidder

-17-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

EXHIBIT B

SIGNATURE VERIFICATION FORM

Thank you for doing business with the City of Bellflower. Please note that the City requires verification that the person executing a contract has signature authority. Signature requirements for contracts vary depending on whether a vendor conducts business in the capacity of a corporation, general partnership, limited partnership, or as an individual.

When the contract is with a corporation, California Corporations Code § 313 requires the contract to be signed by: (a) one officer from the corporation’s “operational group” consisting of the chairman of the board, the president, or any vice president; and (b) one officer from the corporation’s “financial group” consisting of the secretary, or assistant secretary, or the chief financial officer or any assistant treasurer. Alternatively, the board of directors for the corporation can delegate signature authority to a particular individual or individuals. This is generally memorialized in a form of a resolution adopted by the board of directors. When the contract is with a consultant conducting business as a general partnership or limited partnership, the contract should be signed by at least one general partner having authority to enter into the contract on behalf of the partnership.

When the contract is with an individual, that individual must sign the contract.

To ensure that the City’s contracts are valid, this Signature Verification Form must be completed by vendors/contractors/consultants providing services to the City of Bellflower.

By completing this form, the person listed below has the authority to sign all legal binding agreements with the City of Bellflower on behalf of the company/organization listed below.

If a corporation, attach a copy of the document demonstrating signature authority to this form.

The City of Bellflower greatly appreciates your cooperation.

Date:

Type of Company/Organization:

Company/Organization Name:

Name:

Title:

Signature:

Please send the completed form to the following address:

City of Bellflower
City Clerk’s Office
16600 Civic Center Drive
Bellflower, CA 90706

-18-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

EXHIBIT C

COST PROPOSAL

Expenses Total Annual Cost
Program Personnel FTE Annual
Salary
Annual
Cost

Salaries Subtotal
Employee Benefits @ ___%
Subtotal Salaries & Employee Benefits
Services and Supplies Total Annual Cost
Equipment
Facility Maintenance/Janitorial
Program Supplies
Office Supplies, Postage, Printing
Security
Staff Mileage/Parking
Staff Training/Development
Telephone/Communications
Meals
Transportation (Fuel and repairs)
Vehicle Maintenance & Insurance
Replacement Reserves
Subtotal Services/Supplies
Sub-Contractor/Consultant
Subtotal Sub-Contractor/Consultant

Administrative
Subtotal Administrative Overhead

TOTAL BUDGET $

-19-

City of Bellflower
RFP No. CMO-2023-01: Homeless Shelter Operator Services

EXHIBIT D

SAMPLE CONTRACT
[BEGINS ON NEXT PAGE]

-20-

AGREEMENT FILE NO. XXX

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND
XXX

FOR TEMPORARY SHELTER SERVICES

THIS AGREEMENT is entered into this XX day of XX XX, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and XXX, a [XXX] XXX 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 $XXX 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 Exhibit “B,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached 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 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 in accordance with Exhibit B.

-21-

City of Bellflower
Agreement File No. enter no.

XXX

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 $50,000 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:

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.

-22-

City of Bellflower
Agreement File No. enter no.

XXX

8. TERM. The term of this Agreement will be from December 19, 2019 to December 19, 2020. 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. CITY agrees such notice to proceed will be provided at least 45 days before CONSULTANT commences its work in accordance with this
Agreement to allow CONSULTANT to select employees, etc., for performing the Scope of Services.

B. Should CONSULTANT begin work on any phase in advance of re ceiving 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 completio n time, when appropriate, for the completion of the contracted services.

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:

Exhibit A – XXX Proposal

-23-

City of Bellflower
Agreement File No. enter no.

XXX

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, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's 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.
-24-

City of Bellflower
Agreement File No. enter no.

XXX

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents 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. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

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 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 -25-

City of Bellflower
Agreement File No. enter no.

XXX

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.

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 enti tled 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.

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 -26-

City of Bellflower
Agreement File No. enter no.

XXX

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,” CONSULT 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).

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.”

-27-

City of Bellflower
Agreement File No. enter no.

XXX

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 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:

XXX Jeffrey L. Stewart
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
(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 -28-

City of Bellflower
Agreement File No. enter no.

XXX

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.

-29-

City of Bellflower
Agreement File No. enter no.

XXX

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 aff ected 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 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 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.

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.
-30-

City of Bellflower
Agreement File No. enter no.

XXX

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. 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 actio n, 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 insuranc e 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.

-31-

City of Bellflower
Agreement File No. enter no.

XXX

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

CITY OF BELLFLOWER XXX

_________________________________ ____________________________ Jeffrey L. Stewart, City Manager XXX

ATTEST:

_____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. XXX

Exhibit A – Operator Proposal
Exhibit B – Payment Schedule
-32-

AMENDMENT NO. 4 TO
AGREEMENT FILE NO. 853 BETWEEN

THE CITY OF BELLFLOWER AND

MERCY HOUSE LIVING CENTERS

FOR TEMPORARY SHELTER SERVICES

THIS AMENDMENT No. 4 (“Amendment”) is made and entered into this 25th day of September 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and MERCY HOUSE LIVING CENTERS a California public benefit corporation (“CONSULTANT”). The Parties agree as follows:

SECTION 1. Section 1, C - Consideration of Agreement File No. 853 (“Agreement”), is amended to read as follows:

“C. CITY agrees to pay CONSULTANT an additional sum not-to-exceed $2,070,280.09 for CONSULTANT’s services. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in Exhibit “B,” which is incorporated by reference.”

SECTION 2. Section 4 - Payments of Agreement, is amended to read as follows:

“PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to the CITY in accordance with Exhibit B.”

SECTION 3. Section 8 - Term of Agreement is amended to read as follows:

“TERM: The term of this Agreement is extended from October 1, 2023, until September 30, 2024, unless otherwise determined by written amendment between the parties.”

SECTION 4. A new Exhibit “B” is added to the Agreement as set forth in attached Exhibit “2,” which is incorporated by reference. Exhibit 2 replaces the existing Exhibit B to the Agreement.

SECTION 5. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 853 remain the same.

[SIGNATURES ON NEXT PAGE]

-33-

City of Bellflower
Agreement File No. 853 - Amendment No. 4
Mercy House Living Centers

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

CITY OF BELLFLOWER MERCY HOUSE LIVING CENTERS

_____________________________ ____________________________ Jeffrey L. Stewart, City Manager Larry Haynes, Executive Director

ATTEST:

_____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_____________________________
Karl H. Berger, City Attorney
Taxpayer ID No. 33-0315864

ATTACHMENT:

Exhibit B - Mercy House October 1, 2023 - September 30, 2024 Budget

-34-

Exhibit 2
Mercy House Living Centers AFN 853 Amendment No. 4

Exhibit B To AFN 853

Mercy House October 1, 2023 - September 30, 2024 Budget Program Personnel FTE Annual Cost

Program Manager 1.00 $58,500.00
Sr. Site Lead 1.00 47,775.00
Site Lead 3.00 137,475.00
Housing Solutions Supervisor 0.50 23,887.50
Housing Navigator 2.00 83,850.00
Leasing Agent 1.00 42,900.00
Logistics Coordinator (Part-time) 2.15 73,368.75
Logistics Coordinator (Full-time) 3.60 122,850.00
Logistics Coordinator (Overnight) 3.00 108,225.00
Driver Supervisor 0.50 23,400.00
Driver 3.00 117,000.00
Safety Coordinator 4.20 151,515.00
Data/Reservation Specialist 0.50 18,037.50
Employee Benefits @24.27% 244,859.06
Total Salaries & Employee Benefits $1,253,642.81

Program and Facility Costs

Equipment $6,000.00
Facility Maintenance/Janitorial 2,000.00
Program Supplies and Client Services 70,000.00
Security 303,680.00
Meals 200,750.00
Transportation (Fuel and repairs) 40,000.00
Replacement Reserves (furniture, bedding, etc.) 6,000.00 Program/Facility Costs $628,430.00
Admin Costs $188,207.28
Total Costs $2,070,280.09

-35-

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to award a contract to Doug Martin Contracting Company, Inc. for the Placing of Slurry Seal on Various Streets (Specifications No. 21/22-06); and authorize the City Manager to execute a contract with Doug Martin Contracting Company, Inc., in a form approved by the City Attorney.

DATE: September 25, 2023

EXECUTIVE SUMMARY

This action would award a contract to Doug Martin Contractring Company, Inc. (Doug Martin), to perform the work described in the Specification documents for the Placing of Slurry Seal on Various Streets (the Project).

RECOMMENDATION TO CITY COUNCIL

1) Award a contract to Doug Martin for the Project and authorize the City Manager to execute a contract with Doug Martin, in a form approved by the City Attorney; or

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

FISCAL IMPACT

Doug Martin submitted the lowest responsive bid in the amount of $635,949.80. The Engineer’s estimated cost plus contingency to perform the work was $716,825.00.

Funds are budgeted in Account Nos. 115-42320-9000 (Measure M), 140-42320-9000 (Gas Tax), and 011-42320-9000 (General Fund).

DISCUSSION

This is the annual slurry seal project at various locations Citywide. The following areas are included in this year’s project:

1) Bounded by Rosecrans Avenue on the north, to Somerset Boulevard on the south, between Woodruff Avenue on the west to east Carfax Avenue on the east (excluding arterial perimeter streets and alleyways).

2) Bounded by Alondra Boulevard on the north, to Flower Street on the south, between Bellflower Boulevard on the west, to Woodruff Avenue on the east (excluding arterial perimeter streets and alleyways).

3) Bounded by Flower Street on the north, to Artesia Boulevard on the south, between Clark Avenue on the west to Woodruff Avenue on the east (excluding arterial perimeter streets and alleyways).

14-D
-1-

Staff Report – Award of Contract – Spec. No. 21/22-06
September 25, 2023

DISCUSSION – Continued

4) Bounded by MTA right-of-way on the north, to Rose Street on the south, between Lakewood Boulevard on the west to Clark Avenue on the east (excluding arterial perimeter streets and alleyways).

5) Eucalyptus Avenue, between Somerset Boulevard to Alondra Boulevard.

6) Stevens Avenue, between Somerset Boulevard to Alondra Boulevard.

On August 28, 2023, the City Council adopted Resolution No. 23-33 authorizing solicitation of bids. The City advertised Specifications No. 21/22-06 for bids in accordance with BMC Section 3.28.090. Five bids were submitted at the formal bid opening on September 19, 2023. The names of those bidders and their bid amounts are listed below:

BIDDER BID PRICE
Doug Martin Contracting Company, Inc. $635.949.80
American Asphalt South, Inc. $742,332.50
Pavement Coatings Co. $769,350.00
All American Asphalt $816,800.00
Roy Allan Slurry Seal, Inc. $822,907.10

BID ANALYSIS

Doug Martin submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations.

Doug Martin is qualified to perform the work described and has fulfilled the requirements set forth in the Specification documents. Staff concludes Doug Martin is the lowest responsive and responsible bidder and recommends that the City Council award a contract to Doug Martin.

SPECIFICATIONS

The Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.

ENVIRONMENTAL REVIEW

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities). -2-

14-E

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 3 to the Public Works Contract for Specifications No. 20/21-03, in a form approved by the City Attorney, with LCR Earthwork & Engineering Corp., for additional work for the Reconstruct City-Owned Parking Lot Located at 9818 Artesia Boulevard Project.

DATE: September 25, 2023

EXECUTIVE SUMMARY

This action would authorize the City Manager to execute Amendment No. 3 with LCR Earthwork & Engineering Corp. (LCR Earthwork) for additional work that was completed as part of the Reconstruct City-Owned Parking Lot Located at 9818 Artesia Boulevard Project (the “Project”).

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager, or designee, to execute Amendment No. 3 to the Public Works Contract with LCR Earthwork for Specifications No. 20/21-03, in a form approved by the City Attorney; or

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

FISCAL IMPACT

The additional amount in Amendment No. 3 is $3,500, which represents an increase of

0.74% from the current contract amount of $474,850. The current contract amount includes the original bid of $226,870 plus an additional amount of $247,980 from Amendment Nos. 1 and 2. The revised contract amount would be $478,350; however, the contractor is giving the City a credit of $9,065 for Bid Item No. 14 for a final contract amount of $469,285. Funds are available in Account No. 011-47028-9000 (General Fund Parking Lot Improvements).

-1-

Staff Report – Amendment to Public Works Contract for Specifications No. 20/21-03 September 25, 2023

DISCUSSION

On September 26, 2022, the City awarded a contract to LCR Earthwork to reconstruct the City-owned parking lot located at 9818 Artesia Boulevard as part of the City’s efforts to improve City-owned public parking lots. On February 13, 2023, the City approved Amendment No. 1 to include additional work for the recently acquired property adjacent to the City-owned parking lot. On March 27, 2023, the City approved Amendment No. 2 to include additional excavation and replacement of the poor-quality soil with porous base material. The additional concrete work under Amendment No. 3 was requested by City staff to fill in a void between the concrete curb and the parking lot that otherwise would have resulted in a section of dirt.

The total additional cost of $3,500 represents an increase of 0.74% from the current contract amount. Following the $9,065 credit for Bid Item No. 14, the proposed final amendment would result in a total contract amount of $469,285, which exceeds the City Manager’s signature authority. Consequently, Public Works recommends that the City Council authorize the City Manager to execute Amendment No. 3 with LCR Earthwork for the Project.

-2-

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: P.J. Mellana, Director of Parks and Recreation

SUBJECT: Consideration and possible action to authorize the City Manager to execute Memorandum of Understanding File No. 21.10, in a form approved by the City Attorney, with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to receive payment of the City’s portion of transit fund allocations for collecting and reporting data for the National Transit Database for Report Year 2021.

DATE: September 25, 2023

EXECUTIVE SUMMARY

The City of Bellflower is one of many cities that operate locally funded fixed-route and Dial-A-Ride transit services in Los Angeles County. An aspect of this operation is the City participates in the National Transit Database (NTD) Voluntary Reporting Program. Each participating city is paid dollar-for-dollar for what their service generates for the Los Angeles County region, minus the cost of an audit.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Memorandum of Understanding File No. 21.10, in a form approved by the City Attorney; or

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

FISCAL IMPACT

The City will receive $90,818 no later than June 30, 2026, per the Memorandum of Understanding File No. 21.10 for Report Year 2021.

DISCUSSION

Rather than have each city report data directly to the Federal Transit Administration (FTA), the LACMTA submits a consolidated NTD report to the FTA on behalf of 45+ cities.

The data submitted by each of the local operators generates additional Urbanized Area Formula Funding Program (49 U.S.C. § 5307) capital funds to the region. Once Congress apportions the funds, LACMTA enters into MOUs with each city to make payment to each city for their share of the revenues generated for the Los Angeles County region. The MOU amount is determined as described in Article 3.0 of the MOU. 14-F
1 Staff Report – National Transit Database MOU for Report Year 2021 September 25, 2023

DISCUSSION – Continued

The overall reporting process and local and federal funding practices with this program lag behind several years which are the reasons why the City is receiving funds in 2023 for an MOU that covers reporting year 2021.

Bellflower’s contracted transportation service provider, Empire Transportation, prepares all NTD documentation and reports for this program and also goes through the audit with City and LACMTA staff annually.

ATTACHMENT

Memorandum of Understanding File No. 21.10 for Report Year 2021 …………………………3

2 3

4 5

6 7

8 9

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to award a contract to FS Contractors, Inc. for the Construction of the City-Owned Parking Lot at 9817 Arkansas Street (Specifications No. 22/23-03); and authorize the City Manager to execute a contract with FS Contractors, Inc., in a form approved by the City Attorney.

DATE: September 25, 2023

EXECUTIVE SUMMARY

This action would award a contract to FS Contractors, Inc. (FS Contractors), to perform the work described in the Plans and Specification documents for the Construction of the City-Owned Parking Lot at 9817 Arkansas Street (the Project).

RECOMMENDATION TO CITY COUNCIL

1) Award a contract to FS Contractors for the Project and authorize the City Manager to execute a contract with FS Contractors, in a form approved by the City Attorney; or

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

FISCAL IMPACT

FS Contractors submitted the lowest responsive bid in the amount of $342,090. The Engineer’s estimated cost plus contingency to perform the work was $396,000. Funds are budgeted in Account No. 011-47048-9000 (Parking Lot Improvements).

DISCUSSION

This project will be for the construction of a new City-owned parking lot at 9817 Arkansas Street. On August 14, 2023, the City Council adopted Resolution No. 23-30 authorizing solicitation of bids. The City advertised Specifications No. 22/23-03 for bids in accordance with BMC Section 3.28.090. Two bids were submitted at the formal bid opening on September 19, 2023. The names of those bidders and their bid amounts are listed below:

BIDDER BID PRICE
FS Contractors, Inc. $342,090.00
Asphalt, Fabric and Engineering, Inc. $473,006.60

14-G
-1-

Staff Report – Award of Contract – Spec. No. 22/23-03
September 25, 2023

BID ANALYSIS

FS Contractors submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations.

FS Contractors is qualified to perform the work described and has fulfilled the requirements set forth in the Plans and Specification documents. Staff concludes FS Contractors is the lowest responsive and responsible bidder and recommends that the City Council award a contract to FS Contractors.

SPECIFICATIONS

The Plans and Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.

ENVIRONMENTAL REVIEW

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities). -2-

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to award a contract to Elecnor Belco Electric, Inc. for the Traffic Signal Modification on Bellflower Boulevard at Park Street (Specifications No. 21/22-02); and authorize the City Manager to execute a contract with Elecnor Belco Electric, Inc., in a form approved by the City Attorney.

DATE: September 25, 2023

EXECUTIVE SUMMARY

This action would award a contract to Elecnor Belco Electric, Inc. (Belco), to perform the work described in the Plans and Specification documents for the Traffic Signal Modification on Bellflower Boulevard at Park Street (the Project).

RECOMMENDATION TO CITY COUNCIL

1) Award a contract to Belco for the Project and authorize the City Manager to execute a contract with Belco, in a form approved by the City Attorney; or

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

FISCAL IMPACT

Belco submitted the lowest responsive bid in the amount of $418,888. The Engineer’s estimated cost plus contingency to perform the work was $480,000. Funds are budgeted in Account Nos. 115-47148-9000 (Measure M), 125-47148-9000 (Measure R), 135-47148-9000 (Prop C), and 140-47148-9000 (Gas Tax).

DISCUSSION

This project will be for the modification of the existing traffic signal on Bellflower Boulevard at Park Street. On August 14, 2023, the City Council adopted Resolution No. 23-27 authorizing solicitation of bids. The City advertised Specifications No. 21/22-02 for bids in accordance with BMC Section 3.28.090. Two bids were submitted at the formal bid opening on September 13, 2023. The names of those bidders and their bid amounts are listed below:

BIDDER BID PRICE
Elecnor Belco Electric, Inc. $418.888
DBX, Inc. $456,795

14-H
-1-

Staff Report – Award of Contract – Spec. No. 21/22-02
September 25, 2023

BID ANALYSIS

Belco submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations. Belco is qualified to perform the work described and has fulfilled the requirements set forth in the Plans and Specification documents. Staff concludes Belco is the lowest responsive and responsible bidder and recommends that the City Council award a contract to Belco.

SPECIFICATIONS

The Plans and Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.

ENVIRONMENTAL REVIEW

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 – New Construction of Conversion of Existing Small Structures).
-2-

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to award a contract to Elecnor Belco Electric, Inc. for the New Traffic Signal Installation on Bellflower Boulevard at Cedar Street (Specifications No. 22/23-04); and authorize the City Manager to execute a contract with Elecnor Belco Electric, Inc., in a form approved by the City Attorney.

DATE: September 25, 2023

EXECUTIVE SUMMARY

This action would award a contract to Elecnor Belco Electric, Inc. (Belco), to perform the work described in the Plans and Specification documents for the New Traffic Signal Installation on Bellflower Boulevard at Cedar Street (the Project).

RECOMMENDATION TO CITY COUNCIL

1) Award a contract to Belco for the Project and authorize the City Manager to execute a contract with Belco, in a form approved by the City Attorney; or

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

FISCAL IMPACT

Belco submitted the lowest responsive bid in the amount of $510,270. The Engineer’s estimated cost plus contingency to perform the work was $536,000. Funds are budgeted in Account Nos. 115-47148-9000 (Measure M), 125-47148-9000 (Measure R), 135-47148-9000 (Prop C), and 140-47148-9000 (Gas Tax).

DISCUSSION

This project will be for the construction of a new traffic signal on Bellflower Boulevard at Cedar Street. On August 14, 2023, the City Council adopted Resolution No. 23-28 authorizing solicitation of bids. The City advertised Specifications No. 22/23-04 for bids in accordance with BMC Section 3.28.090. Three bids were submitted at the formal bid opening on September 13, 2023. The names of those bidders and their bid amounts are listed on the next page:

14-I
-1-

Staff Report – Award of Contract – Spec. No. 22/23-04
September 25, 2023

DISCUSSION – Continued

BIDDER BID PRICE
Elecnor Belco Electric, Inc. $510,270
Comet Electric $518,719
DBX, Inc. $531,632

BID ANALYSIS

Belco submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations. Belco is qualified to perform the work described and has fulfilled the requirements set forth in the Plans and Specification documents. Staff concludes Belco is the lowest responsive and responsible bidder and recommends that the City Council award a contract to Belco.

SPECIFICATIONS

The Plans and Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.

ENVIRONMENTAL REVIEW

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 – New Construction of Conversion of Existing Small Structures).
-2-

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to award a contract to BP Ford of Long Beach for the purchase of two (2) 2023 F-150 pickup trucks for the Public Works Department, and authorize the City Manager to execute a contract with BP Ford of Long Beach, in a form approved by the City Attorney.

DATE: September 25, 2023

EXECUTIVE SUMMARY

This action would award a contract to BP Ford of Long Beach (BP Ford) to perform the work described in the Notice of Request for Bids specification document for the purchase of two (2) 2023 F-150 pickup trucks.

RECOMMENDATION TO CITY COUNCIL

1) Award a contract to BP Ford for the purchase of two (2) 2023 F-150 pickup trucks; and authorize the City Manager to execute a contract with BP Ford, in a form approved by the City Attorney; or

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

FISCAL IMPACT

BP Ford submitted the lowest bid. The total cost of the two (2) trucks is $88,314.73 and funds are budgeted in the Equipment Replacement Fund, Account No. 530-18400.

DISCUSSION

The award of a contract to BP Ford will be for the purchase of two (2) pickup trucks for the Public Works Department. On August 23, 2023, a formal request seeking bids for the requested vehicles was released. Two bids were submitted at the formal bid opening on September 12, 2023. The name of the bidders and their bid amounts are listed below:

BIDDER BID PRICE
BP Ford of Long Beach $88,314.73
Transwest Truck Center, LLC $109,158.78

14-J
-1-

Staff Report – Award of contract for the purchase of two (2) 2023 F-150 pickup trucks
September 25, 2023

BID ANALYSIS

BP Ford submitted a complete bid package. Staff has determined BP Ford is qualified to provide the necessary vehicles and has fulfilled the requirements set forth in the bid request. Staff concludes BP Ford is the lowest and most responsive bidder and recommends awarding them the purchase contract for the vehicles. -2-

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to award a contract to BP Ford of Long Beach for the purchase of one (1) 2024 F-450 stake bed dump truck for the Public Works Department, and authorize the City Manager to execute a contract with BP Ford of Long Beach, in a form approved by the City Attorney.

DATE: September 25, 2023

EXECUTIVE SUMMARY

This action would award a contract to BP Ford of Long Beach (BP Ford) to perform the work described in the Notice of Request for Bids specification document for the purchase of one (1) 2024 F-450 stake bed dump truck.

RECOMMENDATION TO CITY COUNCIL

1) Award a contract to BP Ford for the purchase of one (1) 2024 F-450 stake bed dump truck; and authorize the City Manager to execute a contract with BP Ford, in a form approved by the City Attorney; or

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

FISCAL IMPACT

BP Ford submitted the lowest bid. The total cost of the truck is $94,866.85 and funds are budgeted in the Equipment Replacement Fund, Account No. 530-18400.

DISCUSSION

The award of a contract to BP Ford will be for the purchase of one (1) stake bed dump truck for the Streets Division. On August 14, 2023, a formal request seeking bids for the requested vehicle was released. Two bids were submitted at the formal bid opening on September 7, 2023. The name of the bidders and their bid amounts are listed below:

BIDDER BID PRICE
BP Ford of Long Beach $94,866.85
Western Truck Exchange $101,983.55

14-K
-1-

Staff Report – Award of contract for the purchase of one (1) 2024 F-450 stake bed dump truck
September 25, 2023

BID ANALYSIS

BP Ford submitted a complete bid package. Staff has determined BP Ford is qualified to provide the necessary vehicles and has fulfilled the requirements set forth in the bid request. Staff concludes BP Ford is the lowest and most responsive bidder and recommends awarding them the purchase contract for the vehicles. -2-

14-L
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Mayra Ochiqui, City Clerk

SUBJECT: Consideration and possible action to approve the Minutes of the September 11, 2023, Regular Meeting of the City Council.

DATE: September 25, 2023

EXECUTIVE SUMMARY

None

RECOMMENDATION TO CITY COUNCIL

1) Approve the September 11, 2023, Regular Meeting Minutes; or

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

FISCAL IMPACT

None

ATTACHMENT

Minutes of the September 11, 2023, Regular Meeting…............. ………………………… 2

1 MINUTES

CITY OF BELLFLOWER

REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL

MONDAY, SEPTEMBER 11, 2023
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION

5:30 P.M. – CLOSED SESSION

1 CALL TO ORDER

Mayor Santa Ines called the Regular Meeting to order at 5:31 p.m. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower.

2 ROLL CALL

The following members of the City Council responded present to roll call:

Mayor Santa Ines
Mayor Por Tem Dan Koops
Council Member Ray Dunton
Council Member Victor A. Sanchez

3 RECESS TO CLOSED SESSION

For the record, 1) City Manager Stewart read the titles of the Closed Session items; and 2) Council Member Dunton recused himself from Item 3-A as he owns property within 500 feet of the subject property.

There being no one from the public in attendance, without objection, Mayor Santa Ines recessed the Meeting at 5:32 p.m. to a Closed Session regarding:

A CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One.

For the record, Closed Session adjourned at 6:18 p.m.

4 RECONVENE FOR OPEN SESSION

Mayor Santa Ines reconvened the Meeting at 7:00 p.m. with all members present and announced that no reportable action was taken during Closed Session.

2 Bellflower City Council Minutes Item No. 5
September 11, 2023 Page 2 of 8

5 CALL TO ORDER

Mayor Santa Ines called the Open Session of the Regular City Council Meeting to order at 7:00 p.m.

6 ROLL CALL

The following members of the City Council responded present to roll call:

Mayor Santa Ines
Mayor Pro Tem Dan Koops
Council Member Ray Dunton
Council Member Victor A. Sanchez

Staff Participants:

Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Elizabeth Oba, Director of Planning & Building Services Jim DellaLonga, Director of Economic Development
Travis Sais, Assistant to the City Manager
Jennifer Poole, Management Assistant

7 INVOCATION

Mayor Sonny R. Santa Ines offered the Invocation.

8 PLEDGE OF ALLEGIANCE

Director of Economic Development Jim DellaLonga led the assembly in the Pledge of Allegiance.

9-A CITY COUNCIL ANNOUNCEMENTS

Mayor Santa Ines provided details regarding the City’s annual “State of the City” to be held on October 5, 2023, at the Mayne Events Center.

Mayor Pro Tem Koops provided details relative to the District 1 City Council vacancy with an application deadline of September 12, 2023.

Council Member Sanchez provided information relative to the Chamber of Commerce’s next “Monthly Morning Mingle” to be held on September 26, 2023.

Council Member Dunton provided information relative to the City’s Parks and Recreation Master Plan and how the public can participate in the process. 3 Bellflower City Council Minutes Item No. 9-B
September 11, 2023 Page 3 of 8

9-B PRESENTATION: Proclamation Declaring September as National Hispanic Heritage

Mayor Santa Ines and his City Council colleagues declared the month of September as National Hispanic Heritage Month in the City of Bellflower and presented the proclamation to Sandra Espinoza-Perry, who organizes the trip to Bellflower’s Sister City of Los Mochis, Sinaloa, Mexico.

9-C PRESENTATION: Proclamation Declaring September as Pedestrian Safety Month

Mayor Santa Ines and his City Council colleagues declared the month of September as Pedestrian Safety Month in the City of Bellflower and presented the proclamation to Crossing Guard Carla Carver.

For the record, 1) Mayor Santa Ines invited all Bellflower crossing guards to breakfast with him as a personal treat; and 2) City Manager Stewart confirmed that staff would connect with the City’s contractor for crossing guard services to extend the invitation.

10 PUBLIC COMMENTS

Darlene Palacios, resident, thanked the City Council and City staff for crosswalk improvements completed at the intersection of Rose Street and Clark Avenue , including installation of flashing crosswalk lights and moving of the bus stop, noting however, that speeding in the area was still a problem.

Steve Tamer, resident, 1) stated that he lives in the vicinity of Ripon Avenue and Flora Vista Street adjacent to Caruthers Park and grew up in the Bellflower area; 2) expressed that he has noticed a downturn in his neighborhood, such as trash on the adjacent streets, and requested extra trash cans in the area; 3) recounted concerning activity over the weekend at Caruthers Park including a drunk driver in the area of Chicago Avenue and Flora Vista Street on Friday night who drove over several residential driveways and lawns and fled the scene, an unofficial concert at the skate park on Saturday night with approximately 200 people in attendance, and a shooting at the park on Sunday involving a group of 50 people who appeared to be gang affiliated that left approximately 17 shells on the ground; and 4) requested more police presence in the area, if the budget allows for it.

At the request of Mayor Santa Ines, City Manager Stewart confirmed that the current budget allows for one more car and one motorcycle cop, but those positions have not been filled due to staffing shortages at the Los Angeles County Sheriff’s Department.

4 Bellflower City Council Minutes Item No. 10
September 11, 2023 Page 4 of 8

10 PUBLIC COMMENTS – Continued

Michael, resident, added to the previous speaker’s comments, stating that the disruptions adjacent to Caruthers Park were non-stop and that he has personally policed the park and repeatedly called the police over issues of concern.

Cheryl Williams, resident, expressed her appreciation for the last Streetfest event, sharing that she brought a friend from Cypress who had nothing but positive things to say about the event and wanted the City Council to know that the event is enjoyed by not only Bellflower residents, but visitors as well.

11 PUBLIC HEARINGS

None

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION

None

13 CONSIDERATION ITEMS

A Consideration and possible action to set a public hearing for Zoning Ordinance Text Amendment Case No. ZOTA 23-01 and Conditional Use Permit Case No. CU 23-01.

CEQA: The recommended action, by itself, is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitute an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the proposed action does not constitute a “project” that requires environmental review (see specifically 14 Ca l.

Code of Regs. § 15378(b)(4-5)).

City Manager Stewart introduced the item.

Planning & Building Services Director Oba 1) gave a brief verbal presentation providing an overview of the Staff Report; and 2) along with City Manager Stewart and City Attorney Berger, responded to Council Members’ questions.

5 Bellflower City Council Minutes Item No. 13
September 11, 2023 Page 5 of 8

13 CONSIDERATION ITEMS – Continued

A Consideration and possible action to set a public hearing for Zoning Ordinance Text Amendment Case No. ZOTA 23-01 and Conditional Use Permit Case No. CU 23-01 – Continued

City Attorney Berger stated that 1) the City Council had the ability to remand the matter back to the Planning Commission with directions in terms of how to fix the issues if they would like to; 2) this was really a final decision by the Planning Commission, so going back to the Planning Commission would be an additional opportunity for the for the Applicant to make their case in terms of what the Planning Commission should do, noting that the due process issue has been handled; and 3) if the Planning Commission makes an objectionable finding the Applicant may still appeal to the City Council.

Following brief discussion, it was the consensus of the City Council that the matter should be remanded back to Planning Commission.

Jose Fierros representing Applicant JRF Collision Center, 1) requested and received clarification from Mayor Santa Ines that the matter could be heard by the Planning Commission on October 2, 2023, or at a special meeting called for that purpose on September 26, 2023; and 2) pointed out that the timeline would be delayed if the Applicant were to go back to the Planning Commission and then appeal to the City Council, putting the matter back before the City Council the last week of October or first week of November.

For the record, City Attorney Berger clarified that 1) right now the recommended action before the City Council prior to the Mayor’s observation on the matter was to set a public hearing in front of the City Council; 2) the City Council has no obligation with regard to the public hearing, as this was an appeal brought forward by the City Manager’s Office; 3) the Mayor’s observations are entirely appropriate under the circumstances and would give the Applicant an additional opportunity to plead their case in front of the Planning Commission and for the Planning Commission to do the right thing one way or another based upon the procedural requirements of the Municipal Code; 4) so the question about timing is a moot issue, as the City Council has no obligation to do anything at the moment and the Planning Commission’s decision right now stands; and 5) in an abundance of caution, the City Manager’s Office brought this in front of the City Council.

For the record, Mayor Santa Ines gave the Applicant the choice of October 2, 2023, or for the Planning Commission to hold a special meeting to consider the matter.

Jose Fierros representing Applicant JRF Collision Center, 1) stated that a special Planning Commission meeting would be fine; and 2) asked if he was able to amend the original application.

6 Bellflower City Council Minutes Item No. 13
September 11, 2023 Page 6 of 8

13 CONSIDERATION ITEMS – Continued

A Consideration and possible action to set a public hearing for Zoning Ordinance Text Amendment Case No. ZOTA 23-01 and Conditional Use Permit Case No. CU 23-01 – Continued

City Manager Stewart clarified that 1) the original application would be remanded back to the Planning Commission; 2) if he wanted to amend the application, then the clock would start over again because it would involve assessment of a different set of facts; and 3) requested and received confirmation from Mr. Fierros that he understood the process, as he is a planner in another city.

For the record, 1) Mayor Santa Ines gave the Applicant the choice to move forward with the original application or start the process over with a new application ; 2) Director Oba noted that one Planning Commissioner may be out of town during the timeframe discussed, so there may only be four Planning Commissioners available to consider the matter if scheduled during that time; and 3) City Manager Stewart confirmed that the direction to staff would be to schedule it as soon as possible so that all five Planning Commissioners can consider the matter.

Jose Fierros representing Applicant Danny Frechette JRF Collision Center, confirmed that the Applicant wants to amend the application and start the process over because the buffer they originally presented to the Planning Commission was not favorable to the Applicant or the City.

For the record, 1) City Manager Stewart confirmed that the City would not be beholden to any particular date to hear the matter, since the process was starting over and they are withdrawing the application and refiling it at a later time ; and 2) City Attorney Berger, stated that since the Applicant had chosen to withdraw the application the only action needed by the City Council at th is time would be to receive and file the item.

There being no further discussion, it was moved by Mayor Pro Tem Koops, seconded by Council Member Sanchez and unanimously carried by the following roll call vote, to receive and file the staff report:

AYES: Council Members - Dunton, Sanchez, Koops and Mayor Santa Ines

14 CONSENT CALENDAR

For the record, with regard to Item 14-D (Local Streets Grind and Cap Specifications No. 22/23-01), 1) Mayor Santa Ines announced that there was a lack of a quorum on the matter due Mayor Pro Tem Koops and Council Member Dunton owning property within 500 feet of the subject areas and explained that lots would be drawn to determine which one of them would participate in the matter; and 2) City Clerk Ochiqui conducted the random drawing and announced that Council Member Dunton would participate in the matter.
7 Bellflower City Council Minutes Item No. 14
September 11, 2023 Page 7 of 8

14 CONSENT CALENDAR – Continued

Noting the aforementioned recusal from Mayor Pro Tem Koops on Item 14-D (Local Streets Grind and Cap Specifications No. 22/23-01), it was moved by Mayor Pro Tem Koops, seconded by Council Member Sanchez, and carried by the following roll call vote, to approve the balance of the actions stipulated on the Consent Calendar:

AYES: Council Members - Dunton, Sanchez, Koops and Mayor Santa Ines

A Consideration and possible action to receive and file City Council Warrant Register No. 24-031, dated September 11, 2023.

Action: Received and filed Warrant Register No. 24-031.

B Consideration and possible action to adopt Resolution No. 23 -41 – A Resolution approving Final Map No. 83812 to allow for the subdivision of a 41,174-square foot lot into eight lots for the construction of eight, two-story, single-family residences with attached garages on property located at 10343-10351 Mapledale Street; and authorize the City Manager to execute Subdivision Improvement Agreement File No. 1010, in a form approved by the City Attorney, with KMH Paramount Investments, LLC.

CEQA: The City reviewed the project’s environmental impacts under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines § 15532, Class 32 (In-Fill Development Projects). No additional environmental review is required for the final map.

Action: Adopted Resolution No. 23-41; and authorized the City Manager to execute Subdivision Improvement Agreement File No. 1010, in a form approved by the City Attorney.

C Consideration and possible action to approve the Minutes of the August 28, 2023, Regular Meeting of the City Council.

Action: Approved the August 28, 2023, Regular Meeting Minutes.

D Consideration and possible action to award a contract to Sequel Contractors, Inc. for the Local Streets Grind and Cap (Specifications No. 22/23-01); and authorize the City Manager to execute a contract with Sequel Contractors, Inc., in a form approved by the
City Attorney._______________
CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).

Action: Awarded a contract to Sequel for the Project; and authorized the City Manager to execute a contract with Sequel, in a form approved by the City Attorney.
8 Bellflower City Council Minutes Item No. 14
September 11, 2023 Page 8 of 8

14 CONSENT CALENDAR – Continued

E Consideration and possible action to award a contract to Transwest Truck Center LLC for the purchase of two (2) 2023 F-350 stake bed dump trucks for the Public Works Department and authorize the City Manager to execute a contract with Transwest Truck Center LLC, in a form approved by the City Attorney.________________________________________________________ Action: Awarded a contract to Transwest for the purchase of two (2) 2023 F-350 stake bed dump trucks; and authorize d the City Manager to execute a contract with Transwest, in a form approved by the City Attorney.

F Consideration and possible action to adopt Resolution No. 23-42 – A Resolution adjusting salary and employment categories within the City Manager’s Office (Exhibit A), effective September 11, 2023.

Action: Adopted Resolution No. 23-42, approving the attached personnel and salary plan adjustments and authorizing the City Manager to implement the Plan as appropriate.

15 COUNCIL REPORTS

Council Member Sanchez, Council Member Koops, and Mayor Santa Ines made various comments and reports.

16 ADJOURNMENT

Without objection, Mayor Santa Ines adjourned the meeting at 7:42 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, September 25, 2023.

Sonny R. Santa Ines, Mayor
City of Bellflower

ATTEST:

Mayra Ochiqui, City Clerk
Approved: September 25, 2023
9