15-D
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Wangsu Lee, Assistant to the City Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 51.101, in a form approved by the City Attorney, with the Los Angeles County, to accept grant money for the acquisition of the New Hope Temporary Shelter.
DATE: March 23, 2026
EXECUTIVE SUMMARY
Agreement File No. 51.101 (“Agreement”) is a grant agreement for $2,000,000 between the City of Bellflower (“City”) and the Los Angeles County (“County”). The grant would assist in the City’s acquisition of the New Hope Temporary Shelter located at 8833 Cedar Street (“Property”). Under the terms of the Agreement, the County will reimburse the City up to $2,000,000 in funding from the County’s Affordable Housing Trust Fund to support the acquisition of the Property. The funding was approved by the Los Angeles County Board of Supervisors on September 16, 2025, to assist the City with the purchase of New Hope to promote long-term stability of the City’ homeless services. By acquiring New Hope, the City seeks to reduce the financial and operational risks associated with leasing or relying on a third-party ownership. By owning the Property, the City will strengthen its ability to manage and sustain New Hope operations as a cornerstone of the City’s strategy to address homelessness. The City is responsible for funding the remaining balance of the acquisition cost using City funds.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 51.101, in a form approved by the City Attorney, with the Los Angeles County, for monies dedicated toward the acquisition of the New Hope Temporary Shelter; and
2) Amend the FY 2025-2026 Operating Budget to add $2,000,000 to revenue Account No. 030-35510 (LA County Grants), $2,000,000 to expenditure Account No. 030-47970-9000 (Grant Fund Property Acquisition) and $3,125,000 to expenditure account No. 011-47970-9000 (General Capital Projects Fund Property Acquisition); or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Acquiring New Hope will cost a total of $5,125,000. Of this amount, $3,125,000 will be funded by the City’s General Fund, including $1,950,000 already deposited with the State Condemnation Fund in accordance with the City’s pending eminent domain action; $2,000,000 will be provided by the County via AFN 51.101. 1 Staff Report – Funding Agreement No. 51.101
March 23, 2026
DISCUSSION
The City began operations at New Hope in May 2020 in accordance with the landmark settlement agreement approved by the City Council and signed by the Honorable David O. Carter. New Hope is currently operated under contract with the City by Mercy House Living Centers (“Mercy House”), a nonprofit organization with experience in providing temporary housing and supportive services to people experiencing homelessness throughout Southern California. Since inception, New Hope has served as a critical local resource by providing temporary shelter to people experiencing homelessness while offering a structured pathway toward permanent housing. Through individualized case management, housing navigation, connections to supportive services, and workforce preparation, New Hope participants are assisted in transitioning to long term housing stability.
Since May 2020, however, New Hope’s operational costs have steadily increased. These expenses include rising lease payments for the Property and professional service costs to operate and maintain New Hope. While the City receives sporadic external sources of funding from various County and State sources to operate New Hope, the majority of New Hope’s operational expenses originate from the City’s General Fund. This is an unsustainable model. The increasing financial burden exacerbated by the degree of uncertainty associated with leasing the Property under third-party ownership, has created ongoing concerns regarding the long-term sustainability and stability of New Hope operations.
In response to these challenges, the City Council initiated efforts to acquire the Property to ensure the continued operation and long-term stability of New Hope in 2024.
As a part of the City’s ongoing efforts to acquire the Property, the City contacted the office of the County’s Fourth District Supervisor, Janice Hahn, in May 2025 and again in September 2025 to inform the County of the urgent circumstances facing the Bellflower community and to request assistance in securing funding for the acquisition of the Property. The funding was approved by the Board of Supervisors on September 16, 2025.
Through acquisition of the Property, the City seeks to reduce the financial and operational risks associated with leasing the Property or relying on a third-party ownership, while strengthening its capacity to manage and sustain New Hope as a cornerstone of the City’s broader strategy to address homelessness. Approximately six months following approval by the Los Angeles County Board of Supervisors, a County representative contacted City staff to move forward with a funding agreement for the Property acquisition. The Agreement would provide financial assistance to support the City’s acquisition of the Property. Under the terms of the Agreement, the County will reimburse, upon proof of acquisition and complete reporting, the City for up to $2M from the County’s Affordable Housing Trust Fund. The City will be responsible for funding the remaining balance of the Property acquisition using City funds, including the funds previously deposited into the State Condemnation Fund.
ATTACHMENT
Funding Agreement ......................................................................................................... 3
2 HOA.102609503.1 1
FUNDING AGREEMENT WITH CITY OF BELLFLOWER FOR
ACQUISITION OF NEW HOPE SHELTER IN THE CITY OF BELLFLOWER
THIS AGREEMENT ("Agreement") is made and entered into this 23rd day of March, 2026.
BY COUNTY OF LOS ANGELES, a body corporate and politic, and a subdivision of the State of California, hereinafter referred to as (the “County"),
AND CITY OF BELLFLOWER, hereinafter referred to as (the “Grantee").
W I T N E S S E T H:
WHEREAS, the County is desirous of providing funding to the Grantee for Acquisition of New Hope Sheter, located at 8833 Cedar Street in the City of Bellflower, as further described in Exhibit A (the "Project");
WHEREAS, the Grantee agrees to carry out the Project in conformance with a task and timeline document dated September 8, 2025 ("Task and Timeline"), budget dated (the "Budget"), and all Agreement provisions as stated herein; WHEREAS, the County is willing to provide the Grantee with funding to support the Grantee's Project, which will include and involve the performing of services necessary to meet the social and cultural needs of the population of the County; WHEREAS, pursuant to Government Code section 26227, the County intends to provide a grant to the Grantee in an amount not to exceed $2.0 million of funds from the Affordable Housing Trust Fund (the "County Funds") to fund the Project; and
WHEREAS, on September 16, 2025, the County Board of Supervisors ("Board") authorized the Chief Executive Officer ("CEO") to execute a funding agreement with the Grantee in the amount of $2.0 million ("County Funds") for costs associated with the Project.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto agree as follows:
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A. Approved Funding
1. The County hereby grants, in accordance with and subject to Section E. below, to the Grantee an amount not to exceed $2.0 million to support the Grantee’s Project, as further described in Exhibit A and incorporated herein by reference.
2. The Grantee agrees to expend the County Funds exclusively for the Project, as further described in Exhibit A, and according to the Task and Timeline, and Budget, which are attached hereto respectively as Exhibits B and C and incorporated herein by reference.
3. The County Funds will be paid to the Grantee within thirty (30) days of receiving an invoice from the Grantee.
B. Agreement Term
Subject to Section K.20 of this Agreement, the term of the Agreement will be from the effective date until July 31, 2026.
C. The Project
1. Nothing in this Agreement shall be construed as an approval by the County of the implementation of the proposed Project, regardless of the source of funding for the Project. The County’s funding transfer is not contingent on approval of the proposed project by other government entities.
2. As applicable, any improvements funded pursuant to this Agreement are subject to the provisions and requirements of the California Environmental Quality Act (hereinafter "CEQA"). The Grantee shall be fully responsible for compliance with the provisions of CEQA.
3. As applicable, any physical changes to County facilities that are funded pursuant to this Agreement are subject to approval by the County.
4. The Grantee and the County agree that the liability of the County hereunder shall be limited to the payment of the County Funds pursuant to the terms of this Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the activities provided for hereunder or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the County shall have no obligation or liability whatsoever thereunder. 4 HOA.102609503.1 3
D. Project Administration
1. The Grantee shall complete: (1) Project Status Reports, (2) Expenditure Reports, and (3) Project Final Report in a format acceptable to the County and on the dates specified in the following schedule:
Due Dates of Expenditure Reports and Project Status Reports shall be quarterly, and the Project Final Report shall be due one hundred twenty (120) days after the end of the fiscal year in which the Project was completed.
Project Status Reports shall provide Project’s current status, detailed expenditures to date for County funds, and a description of progress made toward achieving the goals set forth in the Task and Timeline document (Exhibit A,B,C).
5. Project Final Report shall include each topic addressed in a Project Status Report, an Expenditure Report, and appropriate
documentation to support the expenditures of County Funds for the completed Project.
6. All completed Project Status Reports, Expenditure Reports, and Project Final Report shall be sent to the County at the following address:
Chief Executive Office
Capital Programs Division
Kenneth Hahn Hall of Administration, Room 754
500 West Temple Street
Los Angeles, CA 90012
Attn: Alisa Chepeian
8. The Grantee agrees to notify the County about any of the following:
(1) any change in key personnel of the Project or the Grantee; (2) any change in address or phone number, and (3) any change in tax exempt classification under the Internal Revenue Code.
9. Any substantial variation in the Project, Budget, Task, and Timeline or use of the County Funds requires the advance express written approval by the County and, if approved, may require an amendment to this Agreement.
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E. Disbursement Schedule
1. The County Funds will be paid to the Grantee within thirty (30) days of receiving an invoice from the Grantee.
2. The County reserves the right, in its sole discretion, to alter the above disbursement schedule at any time and to impose such conditions upon disbursements as it may, in its discretion, deem necessary. Any such change shall be preceded by written notice to the Grantee.
3. The County reserves the right, in its sole discretion, to discontinue funding the Project if: (1) it is not satisfied with the progress of the Project, (2) the County determines that the Grantee is incapable of satisfactorily completing the Project, or (3) it is not satisfied with the content of any required written reports, including Project Status Reports, Expenditure Reports, and Project Final Report. In the event of discontinuation of funding by the County, any unexpended funds shall immediately be returned to the County. Any such decision to discontinue funding shall only be made by the County's CEO or her designee. Any such decision to discontinue funding requires a 30 day written notice to the Grantee and, if reasonable as determined by the County, an opportunity to cure.
F. The County's Right to Return of Funds or Property
1. Any County Funds not used by the Grantee for the purposes of the Project as further described in Exhibit A and as set forth in the Budget, shall remain the property of the County, and the Grantee shall, upon request by the County, promptly repay the County any such County Funds. The Grantee shall have the right to written notice from the County and the opportunity to cure prior to any demand for County Fund repayment.
2. If there are any unused County Funds at the expiration or termination of the Agreement term, the Grantee shall promptly return any such County Funds.
3. The County reserves the right to take possession of any property purchased with misused and/or unused County Funds if the Grantee fails to make timely repayment of the County Funds. The Grantee shall have the right to written notice from the County, a meet-and- confer meeting, and the opportunity to cure prior to any County repossession attempt or demand.
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4. Nothing contained in this Section F shall limit or prevent the County from taking any and all action to seek repayment of unused County Funds or County Funds which were not used in accordance with the terms of this Agreement.
G. Indemnity, Insurance, and Records Retention
1. Indemnity
The Grantee agrees to indemnify, defend, and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, actions, causes of action, or expense of any kind, including, but not limited to, defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with Grantee activities, operations or services relating to the Project, including any workers’ compensation suits, Federal Fair Labor Standards Act, State wage or hour law violations, liability, or expense, arising from or connected with services performed by or on behalf of the Grantee by any person pursuant to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees.
2. Insurance
Without limiting the Grantee's indemnification of County, the Grantee shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the County's Risk Manager and evidence of such programs satisfactory to the County shall be delivered to the County's Project Manager on or before the effective date of this Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that County is to be given written notice at least thirty (30) days in advance of any modification or termination of any program of insurance. All such insurance, except for Workers' Compensation, shall be primary to and not contributing with any other insurance or self insurance coverage maintained by the County and shall name the County of Los Angeles as an additional insured.
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a. Commercial General and Auto Liability: with limits of not less than $1 million per occurrence.
b. Workers' Compensation:
A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services by or on behalf of Grantee and all risks to such persons under this Agreement, and including Employer's Liability coverage with a $1 million per limit. c. Crime Insurance:
A comprehensive blanket crime insurance policy with each insuring agreement in an amount not less than $25,000,
insuring against loss of money, securities, or other property referred to hereunder, which may result from:
(1) Dishonesty or fraudulent acts of officers, directors, or employees of Grantee, or
(2) Disappearance, destruction, or wrongful abstraction inside or outside the premises of Grantee, while in the care, custody, or control of the Grantee, or
(3) Sustained through forgery or direction to pay a certain sum in money.
d. Property Coverage:
If, under the terms of this Agreement, Grantee shall have possession of rented or leased or be loaned any County- owned real or personal property, Grantee shall provide:
(1) For real property: insurance providing special form ("all risk") coverage for the full replacement value.
(2) For personal property: insurance providing special
form ("all risk") coverage for the actual cash value.
e. Records Retention and Inspection:
Within ten (10) days of the County Chief Executive Officer's or his/her designee's written request, the Grantee shall allow 8 HOA.102609503.1 7
the County access to financial and program records during regular business hours at any place the Grantee keeps those records.
H. Financial Records and Auditing
1. The Grantee agrees to maintain satisfactory financial accounts, documents, and records of the expenditure of the County Funds and to make them available to the County for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents, and records for five (5) years following termination of this Agreement.
2. The Grantee agrees to use a generally-accepted accounting system.
The Grantee also agrees to maintain, and make available for County inspection, accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.
3. At any time during the term of this Agreement or at any time within five (5) years of the expiration or other termination of this Agreement, authorized representatives of the County may conduct an audit of the Grantee records for the purpose of verifying appropriateness and validity of expenditures of County Funds under the terms of this Agreement.
4. The Grantee, within thirty (30) days of notification from the County of its audit findings, may dispute the audit findings in writing to the County and provide the County with records and/or documentation to support the expenditure claims. The County shall review this documentation and make a final determination as to the validity of the expenditures.
5. The Grantee will provide the County's CEO within one hundred twenty (120) days after the end of the fiscal year in which the Project was completed, a report itemizing actual expenditures funded by monies received pursuant to this Agreement.
6. It is understood and agreed that any funds paid to the Grantee hereunder may only be used for the purposes specified in this Agreement. In furtherance of this understanding, it is agreed that should the County determine that any funds paid to the Grantee hereunder have been used for purposes other than those authorized by this Agreement, the Grantee is required to immediately refund any such improperly used funds to the County.
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I. Conflict of Interest
The Grantee covenants that neither the Grantee nor any of its agents, officers, employees, or sub-contractors who presently exercise any function of responsibility in connection with the program has a personal interest, direct or indirect, in the Agreement, except to the extent he or she may receive compensation for his or her performance pursuant to this Agreement.
The Grantee, its agents, officers, employees, and sub-contractors shall comply with all applicable Federal, State, and County laws and regulations governing conflict of interest.
J. Authority
Grantee warrants and certifies that it possesses the legal authority to execute this Agreement and to undertake the proposed Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the Grantee's governing body, authorizing receipt of the County Funds, and directing and designating the authorized representative(s) of the Grantee to act in connection with the Project specified and to provide such additional information as may be required by the County.
K. Standard Terms and Conditions
1. Amendments
Except as otherwise provided herein, any amendment(s) to this Agreement shall be at the mutual consent of the County and the Grantee, and shall be executed by an authorized designee of the County, and approved as to form for the County by County Counsel.
2. Independent Contractor
This Agreement is by and between the County and the Grantee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the Grantee. The employees and agents of one party shall not be, or be construed to 10 HOA.102609503.1 9
be, the employees or agents of the other party for any purpose whatsoever.
The Grantee shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Agreement all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, worker's compensation benefits or other compensation, benefits, or taxes for any personnel provided by or on behalf of the Grantee.
3. Assignments and Subcontracts
The Grantee shall not assign its rights or delegate its duties under this Agreement, or both, whether in whole or in part, without the prior written consent of the County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void.
For purposes of this paragraph, the County consent shall require a written amendment to this Agreement, which is formally approved and executed by the Grantee and County's CEO. In the event a transfer, exchange, assignment, or divestment results in a change in the person or entity with majority control of Grantee at the time of execution of this Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.
Any assumption, assignment, delegation, or takeover of any of the Grantee's duties, responsibilities, obligations, or performance of same by any entity other than the Grantee, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason requires the County's prior written approval. Failure to obtain such written approval shall be a material breach of this Agreement.
4. Grantee's Compliance with County's Defaulted Property Tax Reduction Program
The Grantee acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through any contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Grantee qualifies for an exemption or 11 HOA.102609503.1 10
exclusion, the Grantee warrants and certifies that, to the best of its knowledge, it is now in compliance, and during the term of this Agreement will maintain compliance, with Los Angeles County Code Chapter 2.206.
5. OSHA/CAL-OSHA Compliance
The Grantee shall comply with the provisions of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 661, et seq.) and the California Occupational Safety and Health Act (Chapter 993 of the 1973 Statutes of California).
6. Fair Labor
The Grantee agrees to indemnify, defend, and hold harmless the County, its agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law violation including, but not limited to, Federal Fair Labor Standards Act for services performed by the Grantee's employees for which the County may be found jointly or solely liable.
7. Citizenship
The Grantee warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet citizenship or alien status requirements contained in Federal statutes and regulations. The Grantee shall indemnify, defend, and hold harmless the County, its officers, and employees from employer sanctions and any other liability that may be assessed against the Grantee or the County, or both, in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement.
8. Nondiscrimination
The Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of the County Funds paid to the Grantee pursuant to this Agreement.
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9. County Lobbyists
The Grantee and each County lobbyist or County lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of the Grantee or any County lobbyist or County lobbying firm retained by the Grantee to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which County may immediately terminate or suspend this Agreement.
10. Use of Recycled Paper
Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at County landfills, the Grantee agrees to use recycled-content paper to the maximum extent possible on the Project.
11. Notice to Employees Regarding the Federal Earned
Income Credit
The Grantee shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015.
12. Consideration of Gain/Grow Program Participants for Employment Should the Grantee require additional or replacement personnel after the effective date of this Agreement, the Grantee shall give consideration for any such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the Grantee's minimum
qualifications for the open position. For this purpose, consideration shall mean that the Grantee will interview qualified candidates. The County will refer GAIN/GROW participants by job category to the Grantee. The Grantee shall report all job openings with job requirements to [email protected] to obtain a
list of qualified GAIN/GROW job candidates.
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13. Suspension and Terminations
The Grantee agrees to suspend using County Funds on Project operations or otherwise for a period not to exceed sixty (60) working days effective immediately upon written notice of suspension from the County. This provision may be applied if, in the judgment of the County circumstances exist which could result in illegal or inappropriate expenditures of County Funds. The County's CEO or her designee may terminate this Agreement immediately by written notice to the Grantee upon Grantee's failure to comply with the provisions of this Agreement. It is also understood and agreed, however, that should the County determine that Grantee's failure to perform relates to only part of the Project, the County, in its sole discretion, may elect to terminate only that part of the Agreement which shall in no way void or invalidate the rest of this Agreement.
In the event of termination of all or part of this Agreement, the County shall be entitled to reimbursement of the portion of the County Funds not yet used by the Grantee.
If this Agreement is terminated, the Grantee shall, within five (5) days of receipt of notice of termination from County, notify all other parties who are subcontractors of the Grantee of such termination.
Nothing contained herein shall limit or prevent the County from seeking repayment of County Funds already used by the Grantee which were not used in accordance with the conditions of this Agreement.
14. Termination for Default
This Agreement may be terminated immediately in whole or in part by the County by providing to the Grantee a written Notice of Default if 1) the Grantee fails to perform the work or progress toward achieving the objectives of the Project within the time specified in this Agreement or any extensions approved by the County, 2) the Grantee fails to perform any other covenant or conditions of this Agreement, or 3) the Grantee misuses the County Funds.
The County shall, if reasonable under the circumstances, include in the Notice of Default a period of time for the Grantee to cure the Default(s).
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15. Termination for Convenience
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of use of County Funds for the Project or otherwise shall be affected by notice of termination to the Grantee specifying the extent to which the Agreement is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be specified in the termination notice.
After receipt of a notice of termination and except as otherwise directed by the County, the Grantee shall stop using County Funds under this Agreement on the date and to the extent specified in such notice. Any County Funds actually spent or already committed, as assented to by County, by the Grantee shall be exempt from this provision
16. Termination for Improper Consideration
The County may, by written notice to the Grantee, immediately suspend or terminate the right of the Grantee to proceed under this Agreement if it is found that consideration, in any form, was offered or given by the Grantee, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Agreement or securing favorable treatment with respect to the award, amendment, extension of this Agreement, or the making of any determinations with respect to the Grantee's performance pursuant to this Agreement. In the event of such termination or suspension, the County shall be entitled to pursue those same remedies against the Grantee as it could pursue in the event of default by the Grantee.
The Grantee shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to a County manager charged with the supervision of the employee or to the County Auditor-Controller's Employee Fraud Hotline at (800) 544-6861.
Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel, entertainment, or tangible gifts.
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17. Termination/Suspension for Nonadherence to County Lobbyists Ordinance
The Grantee, and each County lobbyist or County lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County's Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of the Grantee or any County Lobbyists or County Lobbying firm retained by the Grantee to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which the County may, in its sole discretion, immediately suspend or terminate for default this Agreement.
18. Termination for Breach of Warranty of Compliance with the County's Defaulted Property Tax Reduction Program
The Grantee acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contracts are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County taxpayers.
Unless the Grantee qualifies for an exemption or exclusion, the Grantee warrants and certifies that to the best of its knowledge, it is now in compliance, and during the term of this Agreement will maintain compliance, with the Los Angeles County Code Chapter
2.206.
Failure of the Grantee to maintain compliance with these requirements shall constitute default under this Agreement. Without limiting the rights and remedies available to County under any other provision of this Agreement, failure of the Grantee to cure such default within ten days of notice shall be grounds upon which County may terminate this Agreement and/or pursue debarment of the Grantee, pursuant to County Code Chapter 2.206.
19. Grantee's Acknowledgment of County's Commitment to Child Support Enforcement/Termination for Failure to Comply
The Grantee acknowledges that the County places a high priority on the enforcement of child support laws and the apprehension of child support evaders. The County understands that it is the County's policy to encourage all County contractors to voluntarily post County's L.A.'s Most Wanted: Delinquent Parents poster in a 16 HOA.102609503.1 15
prominent position at the Grantee's place of business. The County will supply the Grantee with the poster to be used.
As required by County's Child Support Compliance Program (Los Angeles County Code Chapter 2.200), and without limiting the Grantee's duty under this Agreement to comply with all applicable provisions of law, the Grantee warrants that it is now in compliance and shall during the term of this Agreement maintain compliance with the employment and wage reporting requirements as required by the Federal Social Security Act (42 U.S.C. § 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family, or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code
Section 5246(b).
Failure of the Grantee to maintain compliance with the County's Child Support Compliance Program shall constitute a default under this Agreement. Without limiting the rights and remedies available to the County under any other provision of this Agreement, failure of the Grantee to cure such default within 90 calendar days of written notice shall be grounds upon which the County may suspend or terminate this Agreement.
20. Survival of Termination
Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement, including but not limited to the following Sections of this Agreement: C.6, F, G.1, H, K.6, and K.7.
L. Notices and Approvals
All notices and approvals shall be directed to and made by the following representatives of the parties:
a. To the County:
Chief Executive Office
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Capital Programs Division
Kenneth Hahn Hall of Administration, Room 754
500 West Temple Street
Los Angeles, CA 90012
Attn: Alisa Chepeian
[email protected]
b. To the Grantee:
City Manager’s Office
Attn: Ryan Smoot
Title: City Manager
Email: [email protected]
Address: 16600 Civic Center Dr.
Bellflower, CA 90706
M. Severability
If any provision of this Agreement, or the application thereof, is held to be invalid, that invalidity shall not affect other provisions or applications of the Agreement that can be given effect without the invalid provision or application, and to this end, the provisions of the Agreement are severable.
N. Effective Date
After the Agreement has been executed by the Grantee’s authorized representative, the effective date of the Agreement shall be the date that the Agreement is fully executed by the County’s CEO.
O. Compliance with Law
The Grantee shall comply with all applicable Federal, State, and County law, regulations, and policies in connection with its activities pursuant to this Agreement.
P. Governing Laws, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California. To the maximum extent permitted by applicable law, the Grantee and the County agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning this Agreement and further agree and consent that venue of any action brought in connection with or arising out of this Agreement, shall be exclusively in the County of Los Angeles.
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Q. Rights and Remedies not Exclusive
The rights and remedies of the County provided in any given paragraph, as well as throughout the Agreement, are not exclusive and are cumulative with any and all other rights and remedies under the Agreement, at law, or in equity.
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IN WITNESS WHEREOF, the Grantee has executed this Agreement, or caused it to be duly executed by its authorized representative, and the County of Los Angeles by order of its Board of Supervisors, has delegated to its CEO the authority to execute this Agreement on its behalf on the date and year written below.
GRANTEE
City of Bellflower
By_________________________ __________________
RYAN SMOOT Date
City Manager
[Bellflower AFN 51.101]
By_________________________ __________________
KARL H. BERGER Date
City Attorney
COUNTY
County of Los Angeles
By_________________________ __________________
JOHN T. COOKE Date
Assistant Chief Executive Officer
APPROVED AS TO FORM FOR THE COUNTY:
Dawyn R. Harrison, County Counsel
By
Laura T. Jacobson Date
Deputy County Counsel
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EXHIBIT A
PROJECT SCOPE
Acquisition of the New Hope Temporary Shelter Property, located at 8833 Cedar Street, Bellflower, CA 90706.
The City of Bellflower began operations of New Hope Temporary Shelter in May 2020.
Operated by Mercy House, New Hope provides interim housing for our most vulnerable unhoused residents and serves as a pathway to permanent housing through individualized case management and connections to long-term resources. Since May 2020, New Hope has supported hundreds of people experiencing homelessness, and the City remains steadfast in its commitment to advancing solutions to the ongoing homelessness crisis in Los Angeles County. From its inception, New Hope has stood as a cornerstone of Bellflower's mission to enhance the quality of life for all residents while addressing the complex and deeply rooted challenges of homelessness in our communities. We hope this can continue; however, without immediate action to secure ownership of the property, there remains a high degree of uncertainty regarding the long- term viability of the New Hope Temporary Shelter. The City has initiated proceedings to acquire the property and continues to negotiate with the property owner in effort to stabilize and ensure the fiscal sustainability of New Hope. The County's partnership in our efforts to purchase the subject property is critical to our success. The loss of New Hope Shelter would be devastating for people experiencing homelessness, local service providers, and the County's broader homelessness efforts. Preserving New Hope is critical to meet our shared responsibility to provide safe and stable housing for people experiencing homelessness.
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EXHIBIT B
PROJECT SCHEDULE
The acquisition of New Hope Sheter is expected to be completed by July 31, 2026.
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EXHIBIT C
PROJECT BUDGET
Budget:
General Fund (including amount deposited with the State Condemnation Fund) $ 3,125,000.00
LA County Grant $ 2,000,000.00
Total Property Acquisition Price (excluding closing costs and other ancillary expenses) $ 5,125,000.00
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