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Staff Report — Appropriations Limit for Fiscal Year 2025-2026 June 9, 2025
BACKGROUND — Continued
INFLATION FACTOR (selected
higher of the following):
Change in the California
per capita personal income
6.44%
State
Department of
Finance
Selected for
calculation
Growth in the
nonresidential assessed
valuation due to new
construction within the City
1.12%
HdL Coren &
Cone
POPULATION FACTOR (selected
higher of the following):
City of Bellflower
-0.43%
(population as of
1/1/25 of 76,656 vs.
1/1/24 of 76,990)
State
Department of
Finance
Los Angeles County
0.51%
(population as of
1/1/25 of 9,865,367
vs. 1/1/24 of
9,815,428)
State
Department of
Finance
Selected for
calculation
The appropriations limit for fiscal year 2025-2026 is $109,563,890, an increase of $7,151,311 from the preceding fiscal year (Exhibit A). This new limit has been calculated by adjusting the fiscal year 2024-2025 appropriations limit for the changes in the California per capita personal income and the Los Angeles County's population. Based on the Operating Budget, the appropriations that are subject to this limit total $37,966,966 (Exhibit B). Since the annual appropriations limit is greater than the appropriations that are subject to the limit, the City is in compliance with the provisions of Article XIIIB of the California Constitution. The City's calculation of the annual appropriations limit must also be reviewed by the auditors as part of the standard annual financial audit.
ATTACHMENTS
Resolution No. 25-24 3
Exhibit A, Annual Appropriations Limit Calculation 6
Exhibit B, Appropriations Subject to the Annual Limit 7 State Department of Finance Letter, Dated May 2025 8
HdL's Nonresidential New Construction Factor 11
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CITY OF BELLFLOWER
RESOLUTION NO. 25-24
A RESOLUTION ADOPTING THE ANNUAL APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2025-2026
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. The City Council may choose the method of calculating adjustments to the City's Appropriations Limit on an annual basis pursuant to Article XIIIB of the California Constitution. For inflation, pursuant to Article XIIIB, § 8(e)(2), adjustments to the Appropriations Limit may be calculated using either the percentage change in per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year because of local nonresidential new construction. For population growth, pursuant to Government Code § 7901(b), the City may either use the percentage growth either in its jurisdiction or from the surrounding county; B. Pursuant to Article XIIIB of the California Constitution, and those Government Code sections adopted pursuant to Article XIIIB, § 8(f), the City Council chooses to adjust the City's Appropriations Limit by calculating inflation using the percentage change in the California per capita personal income from the preceding year and calculating population growth by using the percentage change in the County of Los Angeles population;
C. The information necessary for making these adjustments is illustrated in attached Exhibits A and B, which are incorporated by reference; and D. The City of Bellflower has complied with all the provisions of the amended Article XIIIB in determining the appropriations limit for fiscal year 2025-2026.
SECTION 2. The appropriations limit for fiscal year 2025-2026 for the City of Bellflower is established at $109,563,890.
SECTION 3. The appropriations subject to the annual limit as contained in the Operating Budget for fiscal year 2025-2026 are $37,966,966.
SECTION 4. Preservation. 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. 25-24
SECTION 5. Severability. 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 6. Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 7. Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 8. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 9. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council's intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 10. 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 11. The Mayor, or presiding officer, is authorized to affix a 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.
SECTION 12. This Resolution will become effective immediately upon adoption. -4-
City of Bellflower
Resolution No. 25-24
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 9TH DAY OF JUNE 2025.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
BY: Justin A. Tamayo, Assistant City Attorney
ATTACHMENTS:
Exhibit A — Annual Appropriations Limit Calculation
Exhibit B — Appropriations Subject to the Annual Limit
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EXHIBIT A
(Resolution No. 25-24)
CITY OF BELLFLOWER
ANNUAL APPROPRIATIONS LIMIT CALCULATION
FOR FISCAL YEAR 2025-2026
Appropriations limit for fiscal year 2024-2025: $ 102,412,579 Adjustment factors for fiscal year 2025-2026:
Inflation Population
Factor Factor Combined
(Note 1) (Note 2) Factor
1.0644 1.0051 1.06982844 x 0.06982844
Adjustment for inflation and population
Appropriations limit for fiscal year 2025-2026:
Notes:
1. INFLATION FACTOR:
The City may adjust its appropriations limit by either the annual percentage change in per capita personal income provided by the State Department of Finance, or the percentage change in local assessment roll from the preceding year due to the addition of local nonresidential construction. The above factor represents the annual percentage change in the California per capita personal income provided by the State Department of Finance. 7,151,311
$ 109,563,890
2. POPULATION FACTOR:
The City may adjust its appropriations limit by either the percentage change in the City's own population growth, or the percentage change in the population growth for Los Angeles County. The above factor represents the annual percentage change in population for the County of Los Angeles.
Copy of Appropriations (Gann) Limit FY 2025-26 - Exhibits A & B -6-
EXHIBIT B
(Resolution No. 25-24)
CITY OF BELLFLOWER
APPROPRIATIONS SUBJECT TO THE ANNUAL LIMIT
FOR FISCAL YEAR 2025-2026
A. PROCEEDS OF TAXES
Property tax
Property tax in lieu of vehicle license fees
Utility users tax
Cannabis business tax
Sales tax
Transactions and use tax
Real property transfer tax
Transient occupancy tax
Business license tax
Motor vehicle license fees
$ 5,011,000
11,445,000
4,033,000
3,694,000
9,480,000
6,980,000
167,000
1,225,000
871,000
127,000
TOTAL PROCEEDS OF TAXES $ 43,033,000
B. EXCLUSIONS:
Qualified Capital Outlay
Annual Debt Service
TOTAL EXCLUSIONS
(6,420,108)
(230,501)
C. NET INVESTED PROCEEDS OF TAXES
D. INTEREST ALLOCATION
E. APPROPRIATIONS SUBJECT TO THE LIMIT
F. APPROPRIATIONS LIMIT FOR 2025-2026 (Exhibit A)
G. DIFFERENCE (ITEM F MINUS ITEM E)
(6,650,609)
36,382,391
1,584,575
$ 37,966,966
$ 109,563,890
$ 71,596,924
CONCLUSION:
The City is in compliance with the provisions of Article XIIIB of the California Constitution as the Annual Appropriations Limit (Item F) is greater than the Appropriations Subject to the Limit (Item E).
Copy of Appropriations (Gann) Limit FY 2025-26 - Exhibits A & B -7-
ENT CIA.,
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a-
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o /71
* DEPARTMENT OF Gavin Newsom • Governor
°9(-F-w'TINANCE
OFFICE OF THE DIRECTOR
1021 O Street, Suite 3110 • Sacramento CA 95814 • www.dof.ca.gov May 2025
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code Section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2025, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2025-26. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2025-26 appropriations limit. Attachment B provides the city and unincorporated county population percentage change along with the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code Section 2228 provides additional information regarding the appropriations limit.
Article XIII B, Section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leainfo.leaislature.ca.gov/faces/codes.xhtml .
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code Section 1 1005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2025.
Please Note: The prior year's city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
JOE STEPHENSHAW
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
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May 2025
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025-26 appropriation limit is:
Per Capita Personal Income
Fiscal Year
(FY)
Percentage change
over prior year
2025-26 6.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.
2025-26:
Per Capita Cost of Living Change = 6.44 percent
Population Change = 0.28 percent
Per Capita Cost of Living converted to a ratio:
Population converted to a ratio:
6.44 + 100 = 1.0644
100
0.28 + 100 = 1.0028
100
Calculation of factor for FY 2025-26: 1.0644 x 1.0028 = 1.0674 -9-
FISCAL YEAR 2025-26
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 City
Bellflower City
County Total
County
Los Angeles
Los Angeles
Percent Change Population Minus
24-25 Exclusions 1-1-24
-0.32 76,902
0.30 9,836,291
Population Minus
Exclusions 1-1-25
76,656
9,865,367
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
Total Population
1-1-25
76,656
9,876,811
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HdL Q THE CITY OF BELLFLOWER
Coren & Cone NONRESIDENTIAL NEW CONSTRUCTION
2023/24 TO 2024/25 TAX YEARS - IN PARCEL NUMBER ORDER
FOR USE IN CALCULATING 2025/26 GANN LIMIT
Parcel
Use Category
Owner
Prior Year
Improvements
Current Year Percent
Improvements Change
6271-036-017
6271-036-036
6278-007-011
7107-007-048
7110-031-001
7161-006-006
7161-006-015
7161-006-018
7161-009-010
7161-014-023
7161-014-024
7162-019-029
Commercial
Commercial
Commercial
Miscellaneous
Commercial
Commercial
Commercial
Industrial
Institutional
Commercial
Commercial
Institutional
Santos Rodelio
America Investment Inc
J Jr Drywall Corporation
California -American Water Company
B L Partnership
Kuve Limited
De Carr Lana Trust Lana De Carr Trust
Kuve Limited
9710 Artesia LIc
De Carr Lana Trust Lana De Carr Trust
De Carr Lana Trust Lana De Carr Trust
Plk Investments Lp
143,197
334,939
75,084
0 393,938
457,425
201,037
1,045,566
1,546,525
44,506
45,918
447,015
255,000
447,780
153,000
5,100
456,497
999,914
434,887
1,185,862
3,767,288
272,584
147,736
789,538
+ 78.1%
+ 33.7%
+ 103.8%
+ 99,999.9%
+ 15.9%
+ 118.6%
+ 116.3%
+ 13.4%
+ 143.6%
+ 512.5%
+ 221.7%
+ 76.6%
12 Parcels Listed
4,735,150
8,915,186 + 88.3%
This calculation reflects the 2024/25 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2024/25 lien year roll date). This percentage may be used as an alternative to the change in California per -capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
Total Change in Non -Residential Valuation Due to New Development Less Automatic 2.000% Assessors's Inflation Adjustment
Actual Change in Non -Residential Valuation
Change in Total Assessed Value
= Alternate 2025/26 Appropriations Limit Factor
4,180,036
-94,703
4,085,333
365,618,322
1.12%
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 2.0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .
Data Source: Los Angeles County Assessor 2024/25 Secured Tax Rolls Prepared On 3/13/2025 By MV This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Page 7 -11-
of BELLFLo,,,
/CROw1NG TOGFTNF-
stafreport1 4-G
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Sarah Ho, Public Works Manager
SUBJECT:
Consideration and possible action to authorize the City Manager to execute Agreement File No. 956.2 with Impact Overhead Door Service, Inc., in a form approved by the City Attorney, for On Call Maintenance Services.
Date: June 9, 2025
EXECUTIVE SUMMARY
This action would approve Agreement File No. 956.2 with Impact Overhead Door Services, Inc. ("Impact") in an amount not -to -exceed $150,000 for the three-year term of the agreement.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 956.2 with Impact Overhead Door Service, Inc., in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Funding for maintenance services is included in the Public Works Maintenance and Operations Budget for FY2024-25 under various Building and Grounds Maintenance Accounts.
DISCUSSION
The City maintains numerous public facilities, parks, and infrastructure that require secure access and proper functionality of doors and gates. Impact, a pre -approved vendor who provides maintenance services for doors and gates, provided the City with a proposal to provide these services. The proposed agreement with Impact will allow the City to obtain timely and professional maintenance and repair services for doors, gates, and related hardware for both emergency and non -emergency conditions. These services will be performed on an as -needed basis for a total not -to -exceed amount of $150,000 for the three-year term of the agreement.
ATTACHMENT
Agreement File No. 956.2 2
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AGREEMENT NO. 956.2
MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
IMPACT OVERHEAD DOOR SERVICE, INC.
FOR ON -CALL MAINTENANCE SERVICES FOR GATE AND DOOR SERVICES AT
VARIOUS CITY FACILITIES
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 9th day of June 2025, by and between the CITY OF BELLFLOWER, municipal corporation and a charter city ("CITY") and IMPACT OVERHEAD DOOR SERVICE, INC., a California corporation ("CONTRACTOR").
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR a sum not to exceed $150,000 for CONTRACTOR's services performed under duly executed Task Order(s). 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 "A," which is incorporated by reference.
2. TERM.
A. RETROACTIVITY. CITY and CONSULTANT intend for this Agreement to be retroactively effective beginning January 30, 2025
B. The term of this Agreement will be from January 30, 2025 to January 29, 2028, not to exceed a total of three (3) total years for the cumulative agreement, except that the term will be extended to the completion date of any Task Order in effect at the end of the term of this Agreement.
C. The term of this Agreement and any Task Order may be extended as determined by the Director of Public Works (DIRECTOR) or by written amendment to the Agreement or any Task Order.
D. The time allowed for CONTRACTOR's completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.
E. When services are requested by CITY, CONTRACTOR will commence the requested services within a three-week notice period at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 9.
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City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform the maintenance services listed in the attached Exhibit "A," which is incorporated by reference. The provisions contained in this Agreement supersede any conflicting provisions in Exhibit A.
B. The specific services required of CONTRACTOR under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONTRACTOR, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit C to be executed by CONTRACTOR and CITY by the DIRECTOR.
C. Maintenance services required by CITY will be provided on an as -needed basis with CITY determining and advising CONTRACTOR as to when specific services are required to be performed or completed by CONTRACTOR.
D. CONTRACTOR will, in a workmanlike 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 CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD . CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
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City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
i When employment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
ii . When the number of apprentices in training in the area exceeds a ratio of one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement.
The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement.
If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
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City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
5. PAYMENTS.
A. For CITY to pay CONTRACTOR as specified by this Agreement and as set forth in each approved Task Order, CONTRACTOR must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A"), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. CITY's city manager may make payments up to $25,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR 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, CONTRACTOR agrees that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY.
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City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
7. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability
Automobile Liability
Workers' compensation
Limits (combined single)
$2,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. 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 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to 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 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." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR 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.
E. 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 the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval -6-
City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
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 CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR'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 CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:
A. CONTRACTOR furnishes annual proof of insurance as required under Section 7 of this Agreement; and
B. CITY gives CONTRACTOR a written notice to proceed.
C. Should CONTRACTOR begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk.
9. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section.
10. INDEMNIFICATION.
A. CONTRACTOR 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. 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, CONTRACTOR will defend CITY (at CITY's -7-
City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
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.
11.INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
12. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day-to-day communications between CITY's and CONTRACTOR's project managers. Notice sent by mail will be addressed as follows:
If to CONTRACTOR:
Attention: Nicolas Godinez
Impact Overhead Door Service, Inc.
4606 Firestone Boulevard
South Gate, CA 90280
323-806-1622
[email protected]
If to CITY:
Attention: Len Gorecki
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1424
[email protected]
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. 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.
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City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
14. WAIVER. 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.
15. 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.
16. SEVERABLE. 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.
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
19.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.
20.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the City Manager. 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 may execute any such amendment on behalf of CITY.
21. 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. -9-
City of Bellflower
Agreement File No. 956.2
Impact Overhead Door Service, Inc.
22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other.
25. ENTIRE AGREEMENT. This Agreement and its attachment(s) constitute the sole agreement between CONTRACTOR and CITY respecting on -call gate and door maintenance services citywide. To the extent that there are additional terms and conditions contained in the exhibit(s) that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER IMPACT OVERHEAD DOOR
SERVICE, INC.
Ryan Smoot, City Manager Nicolas Godinez, President
ATTEST:
Mayra Ochiqui, City Clerk Beatriz Godinez,
Accountant Administrator
APPROVED AS TO FORM:
Karl H. Berger, City Attorney Taxpayer ID No. 30-0399856 ATTACHMENTS:
Exhibit A — Scope of Service
Exhibit B — Fee Schedule
Exhibit C — Task Order Form
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AGREEMENT FILE NO. 956.2
EXHIBIT A - SCOPE OF WORK
1.1 Scope of Service
CONTRACTOR will provide full- service, on- call gate and door maintenance services for all task orders issued under the Contract. The work will include all necessary maintenance for all types of doors and gates at any City owned or operated locations. The scope and number of projects and tasks are unknown at the time of contract execution.
Services to be performed include the furnishing of all labor, materials, tools, equipment, supplies, services, tasks and incidental and customary work necessary to competently perform on -call gate and door maintenance at various CITY facilities. It is the CONTRACTOR' s responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facility gate and door maintenance functions during hours of operation and for response after normal working hours.
CONTRACTOR will maintain the appropriate license(s) during the life of the Contract and will comply with all other license, insurance and permit requirements of the CITY, state and federal governments, as well as all other requirements of the law.
1.2 Maintenance Locations
City Hall — 16600 Civic Center Drive
City Yard — 9944 Flora Vista Street
Simms Park — 16614 Clark Avenue
Caruthers Park — 10500 Flora Vista Street
Thompson Park — 104001 Bellflower Boulevard
The Mayne Events Center and Fire Museum — 16400 Bellflower Boulevard PE Depot — 16336 Bellflower Boulevard
Sheriff's Substation — 16615 Bellflower Boulevard
New Hope and Constitution Park — 8833 Cedar Street
Any other City -owned or operated location as designated by the City.
1.3 Work Hours and Service availability
Regular maintenance services will typically occur during normal business hours, 6:00 am to 5:30 pm.
CONTRACTOR will have trouble -call service available twenty-four hours a day, seven days a week. Reponse times are not to exceed the following:
Non -Emergency: 24 -hour response
Emergency: 4 -hour response
Time of response will start when CITY calls the problem into CONTRACTOR's designated emergency phone number. CONTRACTOR will provide the ability to respond immediately to situations involving the health and safety of employees and/or the public and the comfort and operational capability of any public meeting space. -11-
1.4 Billable Work
CONTRACTOR will not bill for unnecessary gate and door maintenance services or maintenance and was not completed satisfactorily.
1.5 Staffing, Workmanship, and Quality Level
CONTRACTOR will provide a staffing level to perform on -call gate and door maintenance services at designated CITY facilities in a thorough and professional manner, so that CITY is always provided with reliable gate and door maintenance services. CONTRACTOR will possess and maintain a C- 61, D- 28 Doors, Gates and Activating Devices Contractor License by the State of California Contractors Licensing Board through the term of the contract. All personnel performing work under this contract will possess and maintain a state journeyman certification and be directly employed and supervised by CONTRACTOR. Any assigned apprentice will work directly under the supervision of a qualified journeyman. CONTRACTOR will be responsible for the skills, methods and actions of all employees, subcontractors and for all work done.
1.6 Tools and Equipment
CONTRACTOR will furnish and maintain all the equipment necessary for properly servicing and maintaining gates and doors in CITY facilities. The CITY reserves the right to inspect equipment to be used to perform services under this Contract. Any equipment determined to be in poor condition must be replaced immediately, at the CONTRACTOR' s expense. Failure to provide suitable equipment for carrying out all the requirements of this contract may be grounds for termination.
1.7 Parts and Materials
The CONTRACTOR will furnish all the parts and materials necessary for properly maintained gates and doors in CITY facilities. Mark- up on parts and materials may not exceed 10% of the CONTRACTOR' s cost. Invoices must identify the work performed, cost of labor, parts/ materials used, parts/ materials cost, and parts/ materials mark- up cost.
1.8 Inspections and Remedies
CITY representative will perform periodic inspections of gates and doors to ensure compliance with the Contract specifications. Inspections may be made by CITY at any time to confirm that work performed meets specifications. If corrective work is required, CITY will provide a written list of items and CONTRACTOR will correct deficiencies as directed. If deficiencies are not corrected in a timely manner, then CITY may perform the work using others and deduct the cost from CONTRACTOR' s payment.
1.9 Damages
The CONTRACTOR will be responsible for all damages to the facility or contents caused by CONTRACTOR, their staff, or subcontractors during the performance of their duties. -12-
1.10 Safety and Security
CONTRACTOR and any subcontractors will follow all established safety procedures and will take special care not to endanger the public. When working indoors at a CITY facility, CONTRACTOR is responsible for the security of all doors at the conclusion of work in each room. All exterior doors should remain locked at all times. Interior doors that are found open or unlocked will be left in the same position/ condition in which they were found.
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AGREEMENT FILE NO. 956.2
EXHIBIT B - PAYMENT FEE SCHEDULE
Impact Overhead Door Service, Inc.
4606 Firestone Blvd South Gate, CA 90280
Phone: 323-806-1622
Email: [email protected]
January 30, 2023
CITY OF BELLFLOWER
16600 CIVIC CENTER DRIVE.
BELLFLOWER, CA 90706
Hi Bernardo,
- Troubleshoot regular service flat rate. $ 880.00 (m -f 8:00am to 3:00pm) - Emergency service and after hour flat rate. $ 1,280.00 Includes:
* Travel and two hrs. on site, (after the two hrs. if additional time is needed, will be charge hourly). Troubleshoot and inspect all moving mechanical parts, electric devices, adjust & reset settings, attempt to operate unit without parts. secure door or gate. Note: If parts need to be replaced, Impact will provide a quote for additional repair.
Prevailing Wage rate: (Jobs over $ 1,000.00 need to be prevailing wage).
Single man rate @ $ 235.00 /hr. (Regular time)
Crew rate @ $ 315.00/hr. (Regular time)
Single rate @ $270.00/hr. (Overtime & Saturday overtime) Crew rate @ $ 377.00/hr. (Overtime & Saturday overtime) Single rate @ $ 295.00/hr. (Sunday & Holiday overtime)
Crew rate @ $ 417.00/hr. (Sunday & Holiday overtime)
Sincerely,
great, eekneg
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AGREEMENT FILE NO. 956.2
EXHIBIT C - TASK ORDER STANDARD FORM
CITY OF BELLFLOWER
AGREEMENT FILE NO. XXX
TASK ORDER NO. X
Date Prepared:
Consultant/Contractor Name:
Project Name:
Account Number:
Total Cost:
Description of services to be performed under this Task Order:
Recommended/Approved by:
[Insert Department Head Name/Title] Date
Ryan Smoot, City Manager Date
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