Property or its licensing by CITY to LICENSEE not expressly set forth in this instrument are void.
23. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
24. 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 agreement. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.
25. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER FARM & CRAFT, INC.
___________________________ ____________________________ Ryan Smoot, City Manager Christy Pardini, Owner
ATTEST:
___________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney Taxpayer ID No. 88-33926626
ATTACHMENT:
Exhibit A – Scope of Services
Exhibit B – Map of Property
8 City of Bellflower
Agreement File No. 1058
Farm and Craft, Inc.
CITY OF BELLFLOWER
AGREEMENT FILE NO. 1058 - EXHIBIT A
SCOPE OF SERVICES
• The Contractor will be required to operate a weekly Certified Farmers Market on City of Bellflower property approved by the City. The market will operate on Mondays throughout the year from 3:00 p.m. to 7:00 p.m. rain or shine except for extreme weather conditions that would present a danger such as high winds and powerful storms. Contractor will approve any holiday closures with the City in advance.
• The Contractor will assume complete responsibility for ongoing custodial responsibilities related directly to the Certified Farmers Market, including restrooms, litter, and City property that houses the Market location.
• If required, the Contractor must provide and maintain a portable restroom, washing station, and any other required facilities and/or equipment to meet all Health Department and certification requirements.
• The Contractor will be required to comply with all Local, State, and Federal rules, laws and requirements, and Certified Farmers Market rules and regulations.
• The Contractor will be required to pay fees related to, and obtain any required, State, County, and City permits to operate a Certified Farmers Market, and maintain a valid City business license.
• The Contractor will provide additional trash and recycling receptacles for the Market.
The Contractor will empty the City’s permanent receptacles at the end of each day of Farmers Market operation. If the Farmers’ Market generates only four (4) large trash bags on the day of the market, the City will work with the operator to arrange trash pick-up. If there are more than a few trash bags, the operator will need to make other arrangements for disposal of trash.
• The Contractor will provide proper personnel staffing for Certified Farmers Market operations including management, set-up, tear-down, supervision, and clean-up.
• The Contractor will have staff onsite during Certified Farmers Market hours to ensure safety and compliance with all Certified Farmers Market regulations. A Manager or Assistant Manager must be on site when the Market is in operation. The Contractor must provide the City with a cell phone number by which the Market Manager or Assistant Manager in attendance can be reached during hours of operation.
• The Contractor must provide its own temporary signage (A -frame signs) to be placed and removed each day of operation.
9 City of Bellflower
Agreement File No. 1058
Farm and Craft, Inc.
• The Contractor must have a comprehensive marketing plan for the community as well as for recruiting new farmers and vendors. This plan must include, at minimum, promoting and advertising activities, and creating, maintaining, and managing Social Media platforms for the Certified Farmers Market.
• If necessary, the Contractor will be required each day of operation to post no parking signs and block off of any necessary streets or parking lots per a traffic plan approved by the City.
• The Contractor will be responsible for administration of the Certified Farmers Market, including but not limited to maintaining records, reports, attendance, and financial data.
• The Contractor will be responsible for recruiting and retaining vendors, and collecting any vendor fees.
• The Contractor will leave City property as it was before Certified Farmers Market operations each day.
• The Contractor will be responsible for all safety aspects of vendor vehicles at the Certified Farmers Market including entering and exiting, as well as, a designated area for vendors to park. In addition, the Contractor must provide a plan of action for patrons to enter and exit the Farmers Market safely.
• The City will provide an electrical source for the Certified Farmers Market site(s) for the Contractor to provide music for attendees of the market.
• The City will provide marketing support to the Contractor in the form of the City’s Parks & Recreation brochure, social media outlets, E-citizen newsletter, website, Downtown Gateway message board sign, space at special events, and a boulevard banner.
• The Contractor will provide a wide variety of vendors with products to be sold at the Certified Farmers Market, including but not limited to the following:
o Raspberries, blue berries, black berries and strawberries o Cut flowers
o Local honey
o Stone fruits
o Citrus avocados
o Succulents and cacti
o Fresh cut herbs and vegetables
o Micro greens
o Baked goods and breads
o Fresh hand made hummus, pita bread and pita chips
o Tamales and Mexican food
o Eggs
10 City of Bellflower
Agreement File No. 1058
Farm and Craft, Inc.
o Roasted peanuts and almonds
o Nuts and almonds
o Kettle corn
o Salsas
o Gourmet jams
o Spices
o Handcrafted merchandise such as arts and crafts
• The Farmers Market will be formed of at least 60% farmers/local growers.
• The Farmers Market will primarily host local farmers; the Market will also host some pre-packaged specialty food vendors, prepared foods and local artists. The Contractor and City will develop guidelines for permitting non-profit groups to participate in the Market.
• The Contractor will offer WIC, EBT, and credit card payment options for the Farmers Market.
• If needed, the City will provide a location for the Operator to place a small shed that may only be used to store equipment needed to operate the Farmers’ Market. City must approve the type and size of shed prior to installation. Operator is solely responsible for the cost, installation, and maintenance of the shed. Any damage or maintenance issues must be remediated by the Operator within three (3) business days. The City will not be responsible for any loss of property owned by Operator.
Operate must remove the shed following the termination of this Agreement, at Operator’s sole cost.
11 City of Bellflower
Agreement File No. 1058
Farm and Craft, Inc.
Exhibit B
Map of Property
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14-H
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Tae Rhee, Director of Finance/City Treasurer
SUBJECT: Consideration and possible action to adopt Resolution No. 24-56 – A Resolution amending the Operating Budget for fiscal years 2023-2025 for certain activities, projects, and revenues; and authorizing the City Manager to implement this Resolution.
DATE: September 23, 2024
EXECUTIVE SUMMARY
On June 12, 2023, the City Council adopted the Operating Budget for fiscal years 2023-2025 (Resolution No. 23-22). Due to certain subsequent activities and developments, budget amendments are necessary for fiscal years 2023-2025.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 24-56; or
2) Alternatively, discuss and take other action related to this item.
BUDGET IMPACT
The proposed budget amendments are summarized below and detailed in Exhibit A to Resolution No. 24-56. The City’s Operating Budget will continue to remain balanced and fiscally sound following the budget amendments.
● Budget adjustments to align the budget with actual revenues and expenditures or revised estimates:
Description
Fiscal
Year
Budget
Accounts
Budget
Adjustments
Public Facilities Fund 2023-24 Revenues $9,695
2023-24 Appropriations $13,344
Homeless Shelter 2023-24 Revenues ($878,539)
2023-24 Appropriations ($49,452)
2024-25 Revenues $525,387
2024-25 Appropriations $0
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1 Staff Report – Resolution No. 24-56 amending Operating Budget for FYs 2023-2025 September 23, 2024
City Council 2023-24 Appropriations $20,500
2024-25 Appropriations $40,600
Parking District Fund 2023-24 Revenues $11,320
2023-24 GF Transfer $11,680
2023-24 Appropriations $23,000
Financing Authority Debt Service 2023-24 Rev. / Appr. $319 Long Beach Transit Subsidy 2024-25 Appropriations $24,631 Election Language Translations 2024-25 Appropriations $19,000
● Budget adjustments to align the budget with approved grant funding:
Description
Fiscal
Year
Budget
Accounts
Budget
Adjustments
Organic Waste Recycling Grant 2024-25 Revenues $207,272 Business Assistance Programs - Grants 2024-25 Rev. / Appr. $156,000 USDA Grant - Urban Forestry
Management Plan, Tree Planting &
Maintenance
2024-25 Rev. / Appr. $1,000,000
● Budget adjustment to increase the funding for employee recognition programs – $30,000.
The City’s current employee recognition budget is $27,000 for FY 2024-25. This funding pays for several programs, such as employee achievement/service awards (longevity), Spring/Summer/Fall BBQs and events, year-end employee recognition celebration, employee of the year award, employee retirement celebrations and other employee events or trainings organized by the Bellflower Employee Engagement Team (BEET) Committee – which is comprised of employees from all City departments as well as the City’s Management team. A well-designed employee recognition program provides an effective way of recognizing employees for their value and importance to the organization and the community and encouraging them to perform at high levels while also providing for training and learning opportunities to better serve our residents.
After reviewing the projected expenditures for FY 2024-25, it is estimated that $20,000 of the $27,000 budget will be allocated toward service awards, with an additional $600 dedicated to the Employee of the Year award. Based on the remaining budget and the schedule of employee events remaining, the City’s management team is requesting an additional $30,000 for FY 2024-25 to ensure delivery of the employee events as planned and provide employee trainings for the rest of the fiscal year. Scheduled events include the Employee Benefit Fair, a Halloween potluck, a Thanksgiving potluck, the end-of-year Employee Recognition event, a Spring Luncheon, and a Summer BBQ in addition to various required and beneficial training programs and events throughout the year.
ATTACHMENT
Resolution No. 24-56 (with Exhibit A) ............................................................................. 3 2
CITY OF BELLFLOWER
RESOLUTION NO. 24-56
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR FISCAL YEARS 2023-2025 FOR CERTAIN ACTIVITIES,
PROJECTS, 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 12, 2023, the City Council adopted the 2023-2025 Operating Budget (Resolution No. 23-22); and
B. Due to certain subsequent activities and developments, budget amendments are necessary for fiscal years 2023-2025.
SECTION 2. The City Council approves the budget amendments for fiscal years 2023-2025 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.
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.
3 City of Bellflower
Resolution No. 24-56
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. At June 30, 2024, 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: $3,826,000 for properties held for development/resale and $1,174,000 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.
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. 4 City of Bellflower
Resolution No. 24-56
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 23RD DAY OF SEPTEMBER 2024.
Dan Koops, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Attachment:
Exhibit A – Budget Amendments for Fiscal Years 2023-2025 5 Account Number Fund / Account Description Fiscal Year Carryover Adjustments Adopted
Budget
Amended
Budget
022 38710 Public Facilities Fund / Public Facilities Fee 2023-24 0 9,695 29,000 38,695 022 47260 9000 Public Facilities Fund / Public Works Yard Office Renovation 2023-24 0 13,344 29,500 42,844 - To adjust revenue budget based on actual and to adjust project budget based on funding availability.
010 42032 8010 General Fund / Homeless Shelter Legal Services 2023-24 0 35,780 3,500 39,280 010 43410 8010 General Fund / Homeless Shelter Rent 2023-24 0 14,768 157,000 171,768 010 42054 8010 General Fund / Homeless Shelter Contract Services 2023-24 0 353,539 1,421,461 1,775,000 030 42054 8010 Special Grants Fund / Homeless Shelter Contract Services 2023-24 0 (453,539)878,539 425,000 030 34153 Special Grants Fund / HCD PLHA Grant/Local Housing 2023-24 0 (878,539)878,539 0 010 42032 8010 General Fund / Homeless Shelter Legal Services 2024-25 0 71,500 3,500 75,000 010 43410 8010 General Fund / Homeless Shelter Rent 2024-25 0 20,976 162,000 182,976 010 42054 8010 General Fund / Homeless Shelter Contract Services 2024-25 0 (192,863)1,521,461 1,328,598 030 42054 8010 Special Grants Fund / Homeless Shelter Contract Services 2024-25 0 100,387 878,539 978,926 030 34153 Special Grants Fund / HCD PLHA Grant/Local Housing 2024-25 0 (438,213)878,539 440,326 030 34155 Special Grants Fund / HCD Homeless Housing, Assistance and 2024-25 0 963,600 0 963,600 Prevention (HHAP) Grant
- To adjust grant revenue and homeless shelter expenditure budget based on actual, revised estimates, and grant funding availability.
010 4XXXX 1000 General Fund / City Council / Various Accounts 2023-24 0 20,500 0 20,500 010 4XXXX 1000 General Fund / City Council / Various Accounts 2024-25 0 40,600 0 40,600 944 4XXXX 3410 Parking District Fund / Various Accounts 2023-24 0 23,000 0 23,000 944 30100 Parking District Fund / Property Assessment 2023-24 0 11,320 30,000 41,320 944 39000 Parking District Fund / Transfers In 2023-24 0 11,680 11,649 23,329 010 49000 9999 General Fund / Transfers Out 2023-24 0 11,680 2,487,216 2,498,896 710 48132 5530 BFA Debt Service Fund / Principal - MTB Note 2023-24 0 319 41,610 41,929 - To adjust budget based on actual and revised estimates. 100 42058 3540 Proposition A Fund / Long Beach Transit Subsidy 2024-25 0 24,631 38,720 63,351 - To increase budget per contribution notice from Long Beach Transit. 010 43440 1210 General Fund / Election Language Translations 2024-25 0 19,000 6,000 25,000 - To increase the budget for 8 additional languages requiring translation for the election.
EXHIBIT A
RESOLUTION NO. 24-56
6 Account Number Fund / Account Description Fiscal Year Carryover Adjustments Adopted
Budget
Amended
Budget
EXHIBIT A
RESOLUTION NO. 24-56
010 34071 General Fund / Organic Waste Recycling Grant 2024-25 0 207,272 0 207,272 - To establish revenue budget per spending plan approved by the Council. 510 35072 Economic Dev Fund / SBA / Congressional Grant 2024-25 0 156,000 0 156,000 510 44547 4002 Economic Dev Fund / Business Assistance Programs - Grants 2024-25 0 156,000 0 156,000 - To establish revenue and program budget per SBA / Congressional Grant award. 030 35251 Grant Projects Fund / USDA Grant 2024-25 0 1,000,000 0 1,000,000 030 47137 9000 Grant Projects Fund / Urban Forestry Management Plan 2024-25 0 100,000 0 100,000 030 42329 9000 Grant Projects Fund / Tree Planting & Maintenance 2024-25 0 900,000 0 900,000 - To establish the budget for USDA grant for Urban Forestry Management Plan (“UFMP”) and planting and maintaining 500 new trees in disadvantaged census tracts. 010 42015 1350 General Fund / Human Resources / Employee Recognition 2024-25 0 30,000 27,000 57,000 - To increase the budget for the employee recognition programs throughout the year.
7 TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works
SUBJECT: Consideration and possible action to consider the bid protest filed by New Dynasty Construction Company and declare the responsible bidder for the Bellflower Youth and Senior Center (Specification No. 23/24-07).
DATE: September 23, 2024
EXECUTIVE SUMMARY
On the afternoon of Thursday, September 19, 2024, the City received a written response from Woodcliff Corporation regarding the bid protest submitted by New Dynasty Construction. Due to the untimely receipt of this response, Public Works staff is recommending that the item be postponed and moved to the City Council meeting scheduled for Monday, October 14, 2024, in order for staff thoroughly review Woodcliff’s response to the bid protest.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council:
1) Receive and file this report; or
2) Alternatively, discuss and take other action related to this item.
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