14-G
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to approve Amendment 1 to Master Right of Way Agreement File No. 904, in a form approved by the City Attorney, with ICC Networking for the design, installation and deployment of a Citywide Wireless Internet Network.
DATE: November 27, 2023
EXECUTIVE SUMMARY
On August 23, 2021, after a Request for Proposals (RFP) process, City Council authorized the City Manager to execute Master Right of Way Agreement File No. 904 (Agreement) with ICC Networking (ICCN) for the design, installation, and deployment of a citywide wireless network with a revenue sharing component.
Although ICCN has made significant progress towards the deployment of Phase 1 of the wireless network, delays due to a key supplier’s inability to fulfill its orders have hampered the implementation. To address these issues and speed up implementation and deployment of the entire network, ICCN is partnering with a new investor group to bring development and fabrication of network components “in-house.” This Amendment No. 1 to Master Right of Way Agreement File No. 904 (Amendment) is a request from ICCN and will add Purchase Order 800020005 (PO) and the associated budget Resolution No. 23-34 to the Agreement as Exhibit B to tie the various parts of the citywide wireless network (Bellflower Connect) together in one Agreement.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment 1 to Master Right of Way Agreement AFN 904 with ICC Networking for the design, installation, and deployment of a Citywide Wireless Internet Network, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no cost to the City to implement this Amendment.
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Staff Report – Amendment No. 1 to Citywide Wireless Master ROW Agreement November 27, 2023
DISCUSSION
With the wireless mapping of the City, installation of the solar pillar in the Town Center Plaza parking lot, and the installation of the fiber lines, transmission antennae and most of the network back-end equipment at City Hall, ICCN has made significant progress towards the implementation towards the deployment of Phase 1 of Bellflower Connect.
However, delays due to a key supplier’s inability to fulfill its orders have hampered the implementation. To address these issues and speed up implementation and deployment of the entire Bellflower Connect network, ICCN is partnering with a new investor group to bring development and fabrication of network components “in -house” to significantly reduce reliance on outside suppliers.
This Amendment is a request from ICCN to add Purchase Order 800020005 and the associated budget Resolution No. 23-34 to the Agreement as Exhibit B combining the various parts of Bellflower Connect together in one Agreement. The PO and budget resolution are for the purchase of 10,000 in-home wireless access points. The access points are designed to transmit the outdoor wireless broadband signal indoors and will be available to households that qualify pursuant to American Rescue Plan Act guidelines.
Staff is currently accepting and reviewing applications for the modems for Phase 1 of Bellflower Connect and to date over 300 applications have been received.
As a result of this change in strategy, the implementation of Phase 1 will be delayed until the spring of 2024, but will result in an overall quicker implementation for the entire Bellflower Connect network.
ATTACHMENT
Attachment No. 1 – Amendment No. 1 to AFN 904 ...........................................................
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Staff Report – Amendment No. 1 to Citywide Wireless Master ROW Agreement November 27, 2023
Attachment No. 1 –
- Page 3 of 17 -
AMENDMENT NO. 1 TO
MASTER RIGHT OF WAY AGREEMENT FILE NO. 904
BETWEEN THE CITY OF BELLFLOWER AND
INTERNATIONAL COMMUNICATIONS CORPORATION
FOR MINI CELL INSTALLATION AND
CITYWIDE WIRELESS BROADBAND SERVICES
THIS AMENDMENT No. 1 (“Amendment”) is made and entered into this 27th day of November 2023, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and INTERNATIONAL COMMUNICATIONS CORPORATION (dba: ICC Networking/ICCN), a Delaware Corporation (“Provider”).
SECTION 1. Pursuant to Section 32 of Agreement File No. 904 (“Agreement”), the attached Appendix “B,” which is incorporated herein and includes Purchase Order 800020005 and City Council Resolution No. 23-34, is added to the Agreement.
SECTION 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
SECTION 3. 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 counterpar t. 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.
SECTION 4. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 904 remain the same.
[SIGNATURES ON NEXT PAGE]
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City of Bellflower
Amendment No. 1 to AFN 904
International Communications Corporation
IN WITNESS WHEREOF, the parties hereto have executed this Amendment this day and year first hereinabove written.
CITY OF BELLFLOWER INTERNATIONAL COMMUNICATIONS
CORPORATION (dba ICC
Networking/ICCN)
Jeffrey L. Stewart, City Manager Keith Alexis, President
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
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MASTER RIGHT OF WAY AGREEMENT FILE NO. 904
Appendix B
Purchase Order 800020005 and City Council Resolution No. 23-34
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- Page 7 of 17 -, •' Purchase Order CITY OF BELLFLOWER 16600 CIVIC CENTER DRIVE BELLFLOWER, CA 90706 (562) 804-1424 (NOT VALID WITHOUT NUMBER) P.O. Date: VENDOR ID: r r V International Communications Corporation S City of Bellflower E dba ICC Networking/ICCN H Dept. of Economic Development N 11801 Pierce St., 2nd Fl I 16600 Civic Center Dr. D Riverside, CA 92505 P Bellflower, CA 90706 0 R L Item 1 2 3 4 Description (See Next Page for Purchase Order Terms) T 0 L Citywide Wireless Network Phase 1 In-home Wireless Transmitter Units Citywide Wireless Network Phase 2 In-home Wireless Transmitter Units Citywide Wireless Network Phase 3 In-home Wireless Transmitter Units Citywide Wireless Network Phase 4 In-home Wireless Transmitter Units Pursuant to the January 24, 2022 City Council authorization in accordance with Master Right-of-Way Agreement AFN 904, payment for each phase will be made upon receipt of the invoice for the quantity of the in-home units and confirmation of the fully working wireless internet network (per ARPA specs) for that phase (see attached map for network phasing). SALES TAX SHIPPING I HANDLING OTHER: BUDGET ACCOUNT NO.: 920-441 04-8020-COR P/ APPROVE Quantity 2,000 3,750 2,000 2,250 !L. mv~ ~ (, I I I 2.'l. APPROVY//V ~ ~r ~~tt .. ~MJrNAGER/SUPV DtPARTMENT HEAQ PURC~MN&'OFFICER Unit Price $90.00 $90.00 $90.00 $90.00 P.O. TOTAL 511212022 Total $180,000.00 $337,500.00 $180,000.00 $202,500.00 $92,970.47 $7,029.00 I $999,999.471 THIS ORDER IS SUBJECT TO THE TERMS AND CONDITIONS SHOWN ON THE FACE HEREOF, AND ON REVERSE SIDE. NO CHANGES MAY BE MADE WITHOUT THE WRITTEN CONSENT OF THE PURCHASER. Wireless In Home Units Purchase Order (v.07.01.21)
- Page 8 of 17 -1.GENERALLY. The materials, supplies, or services (collectively, "Purchase") covered by this purchase order ("order") must be furnished by Seller subject to all the terms and conditions contained in this order which Seller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order. 2.1NSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller's performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part. Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City's acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud. 3.CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable adjustment in the price or delivery or both must be made. No change by Seller is allowed without City's written approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed. 4. TERMINATION. Either Party may terminate this order by written notice to the other Party if that other Party has materially defaulted in its obligations set forth herein, and the terminating Party has provided the defaulting Party with written notification of such determination, and the defaulting Party has failed or refused to cure the same. CITY may, at any time, terminate this order for CITY's convenience and without cause. If terminated for cause, CITY will be relieved of further liability or responsibility under this order, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance. City may provide written notice of termination for Seller's default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City. 5.TIME EXTENSION. City may extend the time for completion if, in City's sole determination, Seller was delayed because of causes beyond Seller's control and without Seller's fault or negligence. In the event delay was caused by City, Seller's sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit. 6.REMEDIES CUMULATIVE. City's rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law. ?.TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City's written acceptance following an actual inspection and City's opportunity to reject. 8.PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored. 9.1NDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Purchase or the order, or their performance, except for such loss or damage arising from City's sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City's request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "City" includes City's officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification. 1 O.WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City. 11.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller may not assign or subcontract the order without City's written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller's agent. 12.1NSURANCE. Seller must provide the insurance indicated on the face sheet of this order. 13.PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order. 14. GENERAL PRINCIPLES. Seller will, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 -UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance," which can be viewed at https://www.ecfr.gov/cgi-inltext• idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. Seller will comply with all federal, State and other funding source requirements. Seller will, at its own expense, furnish all cost items associated with this order except as herein otherwise specified in the budget or elsewhere to be furnished by CITY.
- Page 9 of 17 -15. DEBARMENT AND SUSPENSION. Seller will certify that it is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past three (3) years; and does not have a proposed debarment pending in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR 1986 Comp., p. 189) and 12689 (3 CFR 1989 Comp., p. 235), "Debarment and Suspension." Seller will include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 16. EQUAL OPPORTUNITY. Seller will comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor will Seller discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 17. NON-DISCRIMINATION. Seller will ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S. C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101 ); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. Seller will ensure that project activities be accomplished in an equitable and impartial manner so that no person will be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). 18. BYRD ANTI-LOBBYING AMENDMENT. Seller will file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Seller will disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by Seller or Seller's Subcontractors. In accordance with 31 U.S.C. 1352, Seller will also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. Seller will include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 19. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. SELLER agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. Seller agrees to report each violation to the USDA and the appropriate EPA Regional Office. Seller agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). Seller agrees to report each violation to the USDA and the appropriate EPA Regional Office. 20. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. Seller will, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 21. PROCUREMENT OF RECOVERED MATERIALS. Seller will comply with 2 CFR part 200.322. Seller will procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. Seller certifies that the percentage of recovered materials to be used in the performance of this order will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, Seller will estimate the percentage of total material utilized for the performance of the order that is recovered materials and will provide such estimate to CITY upon request. 22. INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only. 23.WAIVER. City's review or acceptance of, or payment for, work product prepared by Seller under this order 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 Seller's performance. A waiver by City of any breach of any term, covenant, or condition contained in this order 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 order, whether of the same or different character.
- Page 10 of 17 -• ccn ICC Networking 11801 Pierce St., 2nd FL Riverside California 92505 Phone U.S.A www.iccnetworking.com [email protected] Bill To City of Bellflower 16600 Civic Center Dr, Bellflower 90706 California U.S.A Client Quote # EST-100122 Estimate Date: 12 May 2022 Sales person : Amanda Frazier # Item & Description Qty Rate Amount 2 3 4 5 ResiRouterCBRS IDU Phase 1: Indoor C8RS IOU supporting Wi-Fi 5, 2 Gigabit ports, Category15, LTE3GPP Release 12, frequency bands 842/43/48 with a transmit power of 23d8m (±2d8), Firewall, Port Forwarding, QoS, DONS, VPN Passthrough, and Client. Includes MIL-STD-81 OG ResiRouterCBRS IDU Phase 2: Indoor C8RS IOU supporting Wi-Fi 5, 2 Gigabit ports, Category15, LTE3GPP Release 12, frequency bands 842/43/48 with a transmit power of 23d8m (±2d8), Firewall, Port Forwarding, QoS, DONS, VPN Passthrough, and Client. Includes MIL-STD-81 OG ResiRouterCBRS IOU Phase 3: Indoor C8RS IOU supporting Wi-Fi 5, 2 Gigabit ports, Category15, LTE3GPP Release 12, frequency bands 842/43/48 with a transmit power of 23d8m (±2d8), Firewall, Port Forwarding, QoS, DONS, VPN Passthrough, and Client. Includes MIL-STD-81 OG ResiRouterCBRS IOU Phase 4: Indoor C8RS IOU supporting Wi-Fi 5, 2 Gigabit ports, Category15, LTE3GPP Release 12, frequency bands 842/43/48 with a transmit power of 23d8m (±2d8), Firewall, Port Forwarding, QoS, DONS, VPN Passthrough, and Client. Includes MIL-STD-81 OG Shipping and Handling Shipping and Handling 2,000.00 pes 3,750.00 pes 2,000.00 pes 2,250.00 pes 90.00 90.00 90.00 90.00 1.00 7,029.00 Sub Total CA STATE TAX (6%) CA COUNTY TAX (0.25%) 180,000.00 337,500.00 180,000.00 202,500.00 7,029.00 907,029.00 54,421.74 2,267.57
- Page 11 of 17 -Notes We look forward to working with you CA CITY TAX (0.75%) CA SPECIAL TAX (2.25%) CA SPECIAL TAX (1 %) Total 6,802.72 20,408.15 9,070.29 $999,999.47
- Page 12 of 17 -·fi) • 1 ICCn Friday, January 7, 2022 From: ICC Networking 11801 Pierce St., 2nd FL Riverside, CA 92505 To: Jim Dellalonga Director of Economic Development City of Bellflower 16600 Civic Center Dr Bellflower, CA 90706 RE: Justification for Sourcing Process Dear Mr. Dellalonga, ICC Networking (dba: ICCN) Thank you and the City of Bellflower, CA for approving ICC Networking (ICCN) to deploy an advanced IP data and Private LTE network ecosystem designed to help bridge the digital divide, expand economic inclusion by providing easy access to residents while not straining city budgets to do so. The devices used by ICCN form a Framework unique to us and allows us to deliver on promises outline in our presentations to the city. Most devices have a proprietary component to them as does the ICCN software designed and deployed with each solution. The advanced network will include over 15-20 various patents and other uniquely designed elements not used on any non-ICCN technology ecosystem. The ICCN ResiRouterCBRS IOU is part of the unique solutions delivered within the network that is unique to ICCN but a significant part of the overall project, justifying sole sourcing for those units from ICCN. The ICCN product is unique to ICCN. As the vendor, ICCN delivers IOU units to markets directly to the customer and therefore it is not available in the market. It differs from other solutions within the residential market because it is: Military-grade and 'Mil-spec' approved delivering durability and sustainability of the solution within a home environment The IOU works exclusively with the ICCN connectivity environment to allow the network monetization. This means, that unlike all other hardware vendors, our IOU devices integrate into an ICCN-specific network providing tracking, ad monetization, performance per guest networks, secure financial portal, and over-the-top applications as designed to meet the ICCN edge data center solution. While cost is not one of the factors, we consider our business model approach as unique, and the city should be aware that the market value of this IOU unit is $399 /unit. Due to ICCN's unique technology ecosystem, we ensure sponsor support to underwrite the cost of each unit for the city resulting in a $100/unit cost to the city. Therefore, it is the business model approach to the City of Bellflower that makes this solution unique, not just the cost. We are honored to work with the city and seek to quickly deliver on those solutions elevating city status, capabilities, and future opportunities with our unique set of tools. ~:d4 Keith M. Alexis President 11801 Pierce St. 2nd FL Riverside, CA 92505 www.iccnetworking.com Phone: (951) 934-0531 Fax: (951) 934-0530 Email: [email protected]
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CITY OF BELLFLOWER
RESOLUTION NO. 23-34
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR FISCAL YEARS 2022-2024 TO CARRYOVER AND
ADJUST VARIOUS CAPITAL PROJECTS, ACTIVITIES, AND
REVENUES; AND AUTHORIZING THE CITY MANAGER TO
IMPLEMENT THIS RESOLUTION
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. On June 14, 2021, the City Council adopted the 2021-2023 Operating Budget (Resolution No. 21-36), and on June 12, 2023, the City Council adopted the 2023-2025 Operating Budget (Resolution No. 23-22); and B. Due to uncompleted multi-year capital projects and certain subsequent activities and developments, budget amendments are necessary for fiscal years 2022-2024.
SECTION 2. The City Council approves the budget amendments for fiscal years 2022-2024 attached as Exhibit "A," and incorporated by reference.
SECTION 3. The City Manager, or designee, is authorized to implement this Resolution. As part of that implementation, the City Manager is authorized to implement an employee appreciation program that, among other things, provides workplace incentives consistent with this Resolution including, without limitation, certificates of recognition; gift cards; and other indicia of appreciation. Such a program is in the public interest to attract and retain high quality employees which results in better public service. The expense of associated with such a public purpose is nominal as compared to the costs of high staff turn-over, loss of institutional knowledge, and reduction in customer service. The findings are consistent with Article IV, Section 17; Article XI, Section 10; and Article XVI, Section 6 of the California Constitution and California law.
SECTION 4. PLANNING AGENCY. Pursuant to Bellflower Municipal Code ("BMC") § 2.32.050(F), the City Council will act as the Bellflower Planning Agency for purposes of this Resolution. In accordance with Government Code§ 65401, the Bellflower Public Works Department prepared and submitted a capital improvement plan ("CIP") to the Planning Agency. Government Code § 65103(c) requires the Planning Agency to annually review the City's CIP to determine whether the CIP is consistent with the Bellflower General Plan. The City Council finds that the CIP is consistent with the Bellflower General Plan.
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City of Bellflower
Resolution No. 23-34
SECTION 5. REAPPROPRIATION. The City Manager, or designee, is authorized to reappropriate any unused appropriations for capital projects, special projects, grant programs, and contractual obligations at the close of a fiscal year to a subsequent fiscal year for the Budget and CIP and adjust that fiscal year's special and grant revenues and transfers accordingly.
SECTION 6. BUDGET ADJUSTMENTS. In addition to reappropriation, the Budget may also be adjusted as follows:
A. By majority vote of the City Council; or
B. By the City Manager, or designee, pursuant to the approved Policies.
SECTION 7. CONTRACTING AUTHORITY.
A. The City Manager, or designee, is authorized to bid and/or award contracts for the equipment, supplies, and services approved in the Budget in accordance with the BMC.
B. In accordance with the BMC, the City Manager, or designee, is authorized to execute all contracts awarded for equipment, supplies, and services approved in the Budget.
C. For all other services, equipment, and supplies, the City Manager, or designee, is authorized to execute contracts in accordance with the BMC.
SECTION 8. GENERAL FUND RESERVES. As of June 30, 2023, the Contingency Reserve is $10 million for cash flow needs and unforeseen contingencies such as emergencies, revenue shortfalls, mandates, or unanticipated inflation; and the Property Acquisition Reserve is $5 million as follows: $1 ,876,401 for properties held for development/resale and $3,123,599 in cash set-aside.
SECTION 9. INVESTMENTS. Government Code§ 53607 allows the City Council to delegate investment authority to the City Treasurer, who may then designate persons to implement such authority. The City Council delegates the investment authority to the City Treasurer who is authorized to implement the Investment Policy on the City's behalf.
SECTION 10. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
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City of Bellflower
Resolution No. 23-34
SECTION 11. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 12. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 13. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 14. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF AUGUST 2023.
Sonny Santa lnes, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Attachment:
Exhibit A-Budget Amendments for Fiscal Years 2022-2024
- Page 16 of 17 -EXHIBIT A RESOLUTION NO. 23-34 Adopted Amended Account Number Fund I Account Description Fiscal Year Carryover Adjustments Budget Budget 140 42324 9000 State Gas Tax Fund I Bridge Maintenance 2023-24 59,695 0 100,000 159,695 320 4 7000 9000 Measure W Fund I Structural Improvements 2023-24 300,000 0 0 300,000 320 47010 9000 Measure W Fund I Stormwater Projects 2023-24 356,000 0 1,302,000 1,658,000 030 4 7011 9000 Special Grants Fund I Stormwater Capture Project-Caruthers Park 2023-24 10,200 0 20,000 30,200 030 34066 Special Grants Fund I Caltrans State Highway Account Grant 2023-24 10,200 0 20,000 30,200 320 47013 9000 Measure W Fund I Stormwater Capture Project-Simms Park 2023-24 1,549,857 0 8,151,131 9,700,988 320 35532 Measure W Fund I SCWP Regional Program Grant 2023-24 1,549,857 0 8,151,131 9,700,988 030 4 7148 9000 Special Grants Fund I Traffic Signal Improvements 2023-24 552,497 546,593 2,546,918 3,646,008 030 35670 Special Grants Fund I Measure R Highway Program Grant 2023-24 371,753 367,780 751,500 1,491,033 030 35780 Special Grants Fund I Measure M Multi-Year Subregional Grant 2023-24 180,744 178,813 1,795,418 2,154,975 013 47209 9000 DOT Highway Relinquishment Fund I Lakewood ADA Improvements 2023-24 200,000 0 200,000 400,000 011 47230 9000 General Projects Fund I Thompson Park Improvements 2023-24 45,618 0 111,000 156,618 011 4 7240 9000 General Projects Fund I Caruthers Park Improvements 2023-24 25,000 0 364,000 389,000 011 4 7253 9000 General Projects Fund I Public Safety Center 2023-24 97,413 0 0 97,413 011 47260 9000 General Projects Fund I City Maintenance Yard 2023-24 805,967 0 10,000 815,967 022 47260 9000 Public Facilities Fund I City Maintenance Yard 2023-24 8,290 21,210 0 29,500 020 47312 9000 Public Arts Fund I Gateway Sign 2023-24 424,416 0 0 424,416 024 47922 9000 Park Facilities Fund I Butterfly Garden 2023-24 511,598 0 100,000 611,598 030 4 7922 9000 Special Grants Fund I Butterfly Garden 2023-24 721 '138 0 0 721 '138 030 35210 Special Grants Fund I Land & Water Conservation Fund 2023-24 468,254 0 0 468,254 920 47160 9000 ARPA SLFRP Fund I Water Infrastructure Improvements 2023-24 0 1,656,000 3,344,000 5,000,000 011 4 7160 9000 General Projects Fund I Water Infrastructure Improvements 2023-24 0 (1 ,656,000) 1,656,000 0 920 35092 ARPA SLFRP Fund I ARPA SLFRP Funds 2023-24 0 756,000 4,244,000 5,000,000 920 44104 8020 ARPA SLFRP Fund I Wireless Broadband 2023-24 0 (900,000) 900,000 0 510 44104 4002 Economic Dev Fund /Wireless Broadband 2023-24 100,000 900,000 0 1,000,000 150 4 7500 3420 AQMD Fund I Equipment Purchases 2023-24 284,065 0 147,000 431,065 010 42022 4100 General Fund I Document Conversion I Planning 2023-24 4,000 0 15,000 19,000 600 42022 4120 Building & Safety Fund I Document Conversion 2023-24 10,000 0 15,000 25,000 600 31600 Building & Safety Fund I Building Permit Fees 2023-24 0 10,000 800,000 810,000 -Carryover of unexpended allocations and other adjustments. 125 4)()()()( 3910 Measure R Fund I Bike Trail Maintenance Costs 2022-23 0 246,442 203,558 450,000 125 4)()()()( 3710 Measure R Fund I Administration 2022-23 0 26,188 73,812 100,000 730 39000 Debt Serv Fund-2021 POBS I Transfers In 2022-23 0 919,934 0 919,934 944 30100 Parking District Fund I Property Assessment 2022-23 0 21,400 21,200 42,600 Page 1 of2 -6-
- 7 -- Page 17 of 17 -EXHIBIT A RESOLUTION NO. 23-34 Adopted Amended Account Number Fund I Account Description Fiscal Year Carryover Adjustments Budget Budget 944 4XXXX 3410 Parking District Fund I Maintenance Costs 2022-23 0 15,222 33,678 48,900 710 48106 5530 BFA Debt Service Fund I Principal-MWS COPS Payoff 2022-23 0 5,470,000 280,000 5,750,000 710 48132 5530 BFA Debt Service Fund I Principal-MTB Note 2022-23 0 751 37,666 38,417 030 35510 Special Grants Fund I Los Angeles County Grant 2022-23 0 500,000 0 500,000 010 35510 General Fund I Los Angeles County Grant 2022-23 0 (500,000) 500,000 0 010 42054 8010 General Fund I Contract Services I Temporary Shelter 2022-23 0 (580,207) 1,365,000 784,793 030 42054 8010 Special Grants Fund I Contract Services I Temporary Shelter 2022-23 0 580,207 798,332 1,378,539 010 41000 1020 General Fund I P&R Commission Stipends 2022-23 0 600 3,000 3,600 010 42534 5000 General Fund I P&R Special Interest Programs 2022-23 0 74,300 78,000 152,300 311 49800 9999 MWS Fund 1286 AF Water Rights to General Fund 2022-23 0 1 '160,243 0 1,160,243 -Adjustments based on actual I estimated actual. 010 49000 9999 General Fund I Transfers Out 2022-23 0 1,205,000 4,697,816 5,902,816 510 39000 Economic Dev Fund I Transfers In 2022-23 0 1,205,000 240,000 1,445,000 920 49000 9999 ARPA SLFRP Fund I Transfers Out 2022-23 0 1,330,044 3,513,718 4,843,762 010 39070 General Fund I Transfers In 2022-23 0 1,330,044 3,513,718 4,843,762 012 39000 Public Projects Fund I Transfers In 2022-23 0 12,341,719 0 12,341,719 31X 49000 9999 MWS Fund I Transfers Out 2022-23 0 12,341,719 0 12,341,719 -Adjustments to inter-fund transfers in and out. Page 2 of2