Agenda packet — Bellflower City Council, March 11, 2024 (part 2 of 2)

Bellflower City Council Minutes Item No. 3
February 26, 2024 Page 2 of 7

3 RECESS TO CLOSED SESSION – Continued

It was moved by Mayor Pro Tem Dunton, seconded by Council Member Sanchez, and carried by the following roll call vote, to add Closed Session Item 3-B to the agenda by determining that there is an immediate need to take action and the matter arose after the posting of the agenda:

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

There being no one from the public in attendance, without objection, Mayor Koops recessed the Meeting at 5:34 p.m. to a Closed Session regarding:

A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Two Matters

B CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)

Property: Assessor Parcel Nos. 7109-013-800, 7109-013-801, 7109-013-900, 7109-013-036, and 7109-013-037
Agency Negotiator: Ryan Smoot, City Manager

For the record, Closed Session adjourned at 6:58 p.m.

4 RECONVENE FOR OPEN SESSION

Mayor Koops reconvened the Meeting at 7:02 p.m. with all members present and announced that no reportable action was taken during Closed Session.

7:00 P.M. – OPEN SESSION

5 CALL TO ORDER

Mayor Koops called the Open Session of the Regular City Council Meeting to order at 7:02 p.m. with all members present.

Bellflower City Council Minutes Item No. 6
February 26, 2024 Page 3 of 7

6 ROLL CALL

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

Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines

Staff Participants:

Ryan Smoot, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Travis Sais, Deputy City Manager
Elizabeth Oba, Director of Planning and Building Services Joel Hockman, Director of Public Safety
Dakota Wallace, Management Assistant

7 INVOCATION

Council Member Wendi Morse offered the Invocation.

8 PLEDGE OF ALLEGIANCE

Director of Planning and Building Services Elizabeth Oba led the assembly in the Pledge of Allegiance.

9 CITY COUNCIL ANNOUNCEMENTS

Mayor Koops provided details relative to the 37 Oaks ten-course certified program to assist local product-based merchants.

Mayor Pro Tem Dunton provided details relative to the Southeast Los Angeles County Workforce Development Board’s workshop to be held on March 11, 2024, at the C. Robert Lee Activity Center in Hawaiian Gardens.

Council Member Morse provided details relative to the free eight-week program for Spanish-speaking business owners and residents to be held every Wednesday beginning March 6, 2024, at Bellflower City Hall.

Council Member Sanchez provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on February 27, 2024.

Council Member Santa Ines provided details relative to the Fair Housing Foundation’s Fair Housing Workshop to be held on March 7, 2024, at Bellflower City Hall.

Bellflower City Council Minutes Item No. 9
February 26, 2024 Page 4 of 7

10 PUBLIC COMMENTS

Cheryl Williams, resident, commended the Public Works Department for their good work, stating 1) staff quickly responded to a report of an unleveled sidewalk in her neighborhood; and 2) administrative staff was extremely professional and helpful when asked questions about placing a barricade around her lawn.

John Butts, resident, 1) expressed dissatisfaction with the three-minute limit for public comments; 2) expressed dissatisfaction with the Bellflower Substation , stating that he is referred to the Lakewood Sheriff’s Substation to file reports; 3) explained that he has submitted six police reports to the Los Angeles County Sheriff’s Department, but has yet to receive a resolution; 4) expressed the opinion that the City’s homeless situation is out of hand and questioned if the City is considered a “sanctuary city” because nothing is being done to alleviate the issue; and 5) explained that the City is not allowing his neighbor to teach golf in the City parks, noting that his neighbor would offer the classes for free, but he has not received a call from the City.

John Giries expressed public safety concerns in the vicinity of Town Center Plaza, including 1) skateboarders defacing public property and utilizing the area for drug use and illicit behavior, which has resulted in altercations; 2) illegal parking on Adenmoor Avenue after hours; 3) requested the City to consider having consistent patrol on the weekends and to contract with a vendor for towing services; 4) explained Public Safety staff issued citations to illegally parked vehicles on Saturday, further expressing the opinion that this type of enforcement makes a difference; and 5) thanked the City Council for their ongoing efforts.

In response to comments provided by John Giries, Mayor Koops suggested he speak with Director of Public Safety Hockman to look into the issues.

Victoria McClain, resident, expressed concerns regarding the crosswalk and traffic signal project on Lakewood Boulevard and Mayne Street, stating 1) she grew up in the Bellflower area and Lakewood Boulevard has always been a dangerous street; 2) Lakewood Boulevard is considered a highway and pedestrians should not cross in that area; and 3) requested that the City stop the project immediately.

In response to comments provided by Victoria McClain, 1) Assistant City Manager/Director of Public Works Gorecki stated the crosswalk will be accompanied by a controlled traffic signal, noting the crosswalk will be utilized by pedestrians when vehicles are stopped at a red light on Lakewood Boulevard; and the project is funded through a grant, as the State of California recently relinquished Lakewood Boulevard to the City; and 2) Mayor Koops suggested she speak with Assistant City Manager/Director of Public Works Gorecki to discuss the matter further.

Bellflower City Council Minutes Item No. 10
February 26, 2024 Page 5 of 7

10 PUBLIC COMMENTS – Continued

Gisela Gonzales, resident, expressed public safety concerns in the vicinity of Rosecrans Avenue and Dunrobin Avenue, including 1) vehicles and motorcycles speeding at various hours of the day and night, as well as traffic congestion; 2) aggressive transients in the area; and 3) asked what the City is doing to alleviate the homeless issue.

In response to comments provided by Gisela Gonzales, Mayor Koops suggested she speak with Director of Public Safety Hockman to look into the issues.

11 PUBLIC HEARINGS

None

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION

None

13 CONSIDERATION ITEMS

None

14 CONSENT CALENDAR

For the record, 1) Council Member Morse announced that she would recuse herself from Item 14-E (Ordinance No. 1426) as her employer owns property within 500 feet of the subject property; and 2) supplemental material for Item 14 -H (Resolution No. 24-12) was distributed to the City Council and made available to the public prior to the start of the meeting.

It was moved by Mayor Pro Tem Dunton, seconded by Council Member Santa Ines, and carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:

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

A Consideration and possible action to receive and file City Council Warrant Register No. 24-082, dated February 26, 2024.

Action: Received and filed Warrant Register No. 24-082.

Bellflower City Council Minutes Item No. 14
February 26, 2024 Page 6 of 7

14 CONSENT CALENDAR – Continued

B Consideration and possible action to receive and file Treasurer’s Report for the Month of January 2024.

Action: Received and filed the Treasurer’s Report.

C Consideration and possible action to approve the Minutes of the January 22, 2024, Regular Meeting of the City Council.

Action: Approved the January 22, 2024, Regular Meeting Minutes.

D Consideration and possible action to approve the Minutes of the February 12, 2024, Joint Regular Meeting of the City Council and Bellflower Financing Authority.

Action: Approved the February 12, 2024, Joint Regular Meeting Minutes.

E Consideration and possible action to waive further reading and adopt Ordinance No. 1426 – An Ordinance changing the Zoning Designation from C-G (General Commercial) Zone to R-1 (Low Density Residential) Zone for properties located at 10473, 10505, and 10511 Artesia Boulevard.

CEQA: The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal.

Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15164 provides that an addendum to an adopted Negative Declaration may be prepared where none of the conditions described in CEQA Guidelines § 15162 have occurred. The proposed Ordinance is within the scope o f the City’s General Plan Map update which was evaluated under a Negative Declaration (“ND”) (Attachment D) and will not result in substantial changes in the project requiring major revisions to the ND, substantial changes with respect to the circumstances under which the ND was undertaken, and that there is no new information of substantial importance which was not known and could not have been known at the time the ND was adopted. Accordingly, the Ordinance is not subject to further environmental review.

Action: Waived further reading and adopted Ordinance No. 1426.

F Consideration and possible action to ratify Amendment No. 1 to Agreement File No. 774.1, between John Giries and the City of Bellflower, regarding the use of Town Center Plaza, 9847 Belmont Street, and a portion of the City-owned parking lot (APN 7109-010-914) to host a comedy event.

Action: Ratified Amendment No. 1 to Agreement File No. 774.1, in a form approved by the City Attorney.

G Consideration and possible action to adopt Resolution No. 24-11 – A Resolution declaring unclaimed monies as property of the City of Bellflower and transferring it to the City’s General Fund pursuant to Government Code § 50053.

Action: Adopted Resolution No. 24-11.

Bellflower City Council Minutes Item No. 14
February 26, 2024 Page 7 of 7

14 CONSENT CALENDAR – Continued

H Consideration and possible action to adopt Resolution No. 24 -12 – A Resolution retroactively adopting City Election Campaign Finance Policies in accordance with Government Code § 85702.5.

Action: Adopted Resolution No. 24-12, as amended.

15 COUNCIL REPORTS

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

16 ADJOURNMENT

Without objection, Mayor Koops adjourned the meeting at 7:27 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, March 11, 2024.

Dan Koops, Mayor
City of Bellflower

ATTEST:

Mayra Ochiqui, City Clerk
Approved: March 11, 2024

Page 1 of 2 ends

14-C

TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

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

SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 781.2, in a form approved by the City Attorney, with KTU&A for Parks and Recreation Design Services.

DATE: March 11, 2024

EXECUTIVE SUMMARY

This action would approve an agreement with KTU&A to provide conceptual design services to complement the City’s Parks and Recreation Master Plan process, which is currently being conducted. These design services will be funded through Los Angeles County Regional Park and Open Space District’s (RPOSD) Technical Assistance Program (TAP). This will be the City’s first use of these available TAP funds that have been allocated based on the City of Bellflower’s designation as a Very High Need City as determined by the 2016 Los Angeles County Park Needs Assessment. Funds are restricted to very specific TAP services and this project qualifies based on consultation with RPOSD staff.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Agreement File No. 781.2; and

2) Authorize the budget amendment as detailed in the Fiscal Impact Section; or

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

FISCAL IMPACT

The maximum not-to-exceed amount for the Agreement is $90,000 and the Design Services are being funded through RPOSD TAP grant funds on a reimbursement basis.

To date, the City of Bellflower has been allocated $285,000 in TAP funds which requires the following budget amendment to establish the program and funding in FY 2023-24:

Measure A TAP Funds 070-35522 $285,000
Technical Assistance Program (TAP)/ 070-42054-9000 $285,000 P&R Projects

Staff Report – Agreement with KTU&A
March 11, 2024

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DISCUSSION

This conceptual design project is to include developing multiple park concepts in relation to potential property sizes and location types that are being identified through the Parks and Recreation Master Plan process that the City of Bellflower is currently conducting.

Conceptual designs will include park active and passive amenities that reflect the community’s needs and show how the City can potentially decrease identified park deficiencies. These concepts will be used to support and complement the input collected through the Parks and Recreation Master Plan and bring to life ideas for potential future park and facility development.

Staff is recommending KTU&A for the service agreement based on its design experience and current work with Bellflower’s Parks and Recreation Master Plan. Details for the overall project, scope of work, and project deliverables are referenced in the Agreement attachments.

ATTACHMENTS

Agreement File No. 781.2 ............................................................................................... 3 Measure A TAP Funding Allocation List ........................................................................ 19 Measure A TAP Funding Agreement............................................................................. 21 TAP Project Notice to Proceed ...................................................................................... 34

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AGREEMENT FILE NO. 781.2

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF BELLFLOWER AND KTU&A

FOR PARK & RECREATION DESIGN SERVICES

THIS AGREEMENT is entered into this 11th day of March 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and KTU&A, a California Corporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $90,000 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “Exhibit A,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit “Exhibit A,” which is incorporated by reference.

B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY 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, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.

City of Bellflower
Agreement File No. 781.2
KTU&A – Parks and Recreation Design Services

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5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $25,000 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be from April 1, 2024 to December 31, 2024. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “A”;

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KTU&A – Parks and Recreation Design Services

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B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any

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other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to

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ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic artwork, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:

i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.

ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities

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and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not 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 CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities.

CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $2,000,000

Professional Liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be

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reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

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

D. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M.

Best Company Rating equivalent to at least a Rating of “A:VII.”

E. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

F. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress

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during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Joe Punsalan, Principal Attention: P.J. Mellana, Director of Parks and Recreation
KTU&A City of Bellflower
3916 Normal Street 16600 Civic Center Drive
San Diego, CA 92103 Bellflower, CA 90706
619-294-4477, ext. 127 (562) 804-1424
[email protected] [email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. ☐ This Section applies only if box is checked. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.

29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

City of Bellflower
Agreement File No. 781.2
KTU&A – Parks and Recreation Design Services

Page 9 of 10 ends

30. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Click here to enter text. Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

34. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

35. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

36. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment.

CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.

37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

City of Bellflower
Agreement File No. 781.2
KTU&A – Parks and Recreation Design Services

Page 10 of 10 ends

39. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

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

CITY OF BELLFLOWER KTU&A

_________________________________ ____________________________ Ryan Smoot, City Manager Joe Punsalan, Principal

ATTEST: Taxpayer ID No. 952750597

_____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney

ATTACHMENT:

Exhibit A – Scope of Services, Schedule and Fees

Exhibit A

ktu::
3916 Normal Street
San Diego, CA 92103
540 E. Betteravia Road, Suite D 122
Santa Maria, CA 93454
619-294-4477 www.ktua.com
Task 3: Park Concept Designs
With direction provided by the City and through the community engagement process, KTUA will prepare conceptual plans illustrating proposed park improvements that reflect the community's needs.

Conceptual plans can help generate community and financial support. KTUA will prepare conceptual alternative plans illustrating proposed park improvements that reflect the community's needs. One (1) conceptual plan will be prepared for each site. Park active and passive amenities, fields and courts, trails, fitness areas, circulation walkways, parking, gathering spaces, playgrounds, trees and/or shade structures, etc., will be drawn conceptually and at an appropriate scale. In addition, color will be added to the concepts for clarity and each concept will be annotated. The concepts will be provided electronically in pdf format, and one (1) review meeting will be scheduled to discuss the concepts for each area.

Once the alternatives have been discussed and final direction has been provided by City staff and the community, KTUA will refine the concepts to provide a single preferred concept for each park site. This concept will be drawn at an appropriate scale, color rendered, and annotated for presentation purposes.

Upon completion of the preferred concept, 3D renderings will be developed for each park. One full rendering, maximum, of each park will be developed in SketchUp so different views can be extracted to highlight various elements of the park. These big vision graphics will help aid the development and support for these vacant or underutilized land for new park space and amenities.

The Conceptual Plan and perspective rendering (one max per site) will be completed for the following six locations have been identified for preliminary park concept designs.

Task 3.1 Park Concept #1 - Pace School Property - Sports field and parking (4.8 Acres) Task 3.2 Park Concept #2 - Pace School Property - New Aquatic Center (Concept #2) Task 3.3 Park Concept #3 - 0.2 Acres (9443 Artesia Blvd) Task 3.4 Park Concept #4 - Two (2) Acres (Parcel east of Riverview Park) Task 3.5 Park Concept #5 - 0.5 Acre (Utility Parcel Park Street south side of street between Lakewood Blvd and Passage Ave)
Task 3.6 Park Concept #6 - 1.3 Acres (Linear type park; Caltrans Parcel Palm Street, north side of street between Lakewood and Passage)
Task 3.7 Park Concept Cost Estimates
To provide a basic understanding of the order of magnitude of each park, standard construction probable cost estimates will be developed. These costs will not be finite in detail since the concepts are for planning and grant pursuit purposes only.

ktua
3916 Normal Street
San Diego, CA 92103
540 E. Betteravia Road, Suite D 122
Santa Maria, CA 93454
619-294-4477 www.ktua.corn
Deliverables:
• One draft conceptual plan for each of the six (6) sites. Six (6) total draft concepts • Six (6) final concepts
• Up to six (6 max) final park 3D renderings
• Probable costs for the final six (6) concepts

City of Bellflower TAP Grant: Park Concepts
Months (2024)
Apr May Jun Jul Aug Sept Oct Nov

1.1 Kickoff Meeting

1.2 Team Meetings
l

1.3 Invoicing & Progress Reports
simmow

2.1 Site Visits

2.2 Produce materials for Park Master Plan workshops
dit
3 Park Concept Designs

3.1 Park Concept #1- Pace School Property - Sports field and parking (1)

3.2 Park Concept #2 - Pace School Property - New Aquatic Center (1)

3.3 Park Concept #3 - 0.2 Acres (9443 Artesia Blvd)
(1)

3.4 Park Concept #4 - Two (2) Acres (Parcel east of Riverview Park) (1)

3.5 Park Concept#5 - 0.5 Acre (Utility Parcel on Park Street) (1)

3.6 Park Concept #6 - 1.3 Acres (Caltrans Parcel on Palm Street) (1)

3.7 Park Concept Cost Estimates
(1) Initial diagrammatic concepts or blank maps for ideas can be shared at the last workshop

City of Bellflower TAP Grant: Park Concepts
KTUA
Principal
Associate
Associate/
GIS
Manager
Senior
Planner/
Designer II
Senior
Planner/
Designer I
Planner/
Designer
Hours per
Task
Travel &
Materials
Labor Cost
Cost per Task
Joe
Punsalan
Jacob
Leon
_
Josef
Gutierrez
David
Jamesson /
Marina
Varano
Nicole
Rogge /
Gwen Stark
Isabel
Perez
$190
$155
$135
$125
$115
$105
1 Project Management -,,,.-w
;_ _

1.1 Kickoff Meeting
2 2
2 2
8 $ -
$ 1,190
$ 1,190
12 Team Meetings
4 8
8 6
26 $ -
$ 3,770
$ 3,770

1.3 Invoicing & Progress Reports
8 8
$ -
$ 1,240
$ 1,240
Task 1 Totals
6 18
10 0
8 0
42 $ -
$ 6,200
$ 6,200
e-
'1 I A'-itIA2 ',Co Gl4fi4rPJ3

2.1 Site Visits
12 16
16 44
$ 200
$ 5,860
$ 6,060

2.2 Produce materials for Park Master Plan workshops
8 8
$ -
$ 1,000
$ 1,000
Task2 Totals
0 12
16 8
16 0
52 $ 200
$ 6,860
$ 7,060
a?K 0 6�5j r:

3.1 Park Concept #1- Pace School Property - Sports field and parking Conceptual Plans
2 4
8 18
16 48
$ -
$ 5,830
$ 5,830
3D Renderings
1 2
14 18
35 $ -
$ 4,000
$ 4,000
Task 3.1 Totals
3 6
8 0
32 34
83 $ -
$ 9,830
$ 9,830

3.2 Park Concept 82 - Pace School Property - New Aquatic Center Conceptual Plans
2 6
12 12
20 16
68 $ -
$ 8,410
$ 8,410
3D Renderings
1 4
4 18
32 59
$ -
$ 6,780
$ 6,780
Task 3.2 Totals
3 10
16 12
38 48
127
$ -
$ 15,190
$ 15,190

3.3 Park Concept #3 - 0.2 Acres (9443 Artesia Blvd)
Conceptual Plans
2 4
8 10
8 32
$ -
$ 4,070
$ 4,070
3D Renderings
1 4
12 20
37 $ -
$ 4,290
$ 4,290
Task 3.3 Totals
3 8
8 0
22 28
69 $ -
$ 8,36D
$ 8,360

3.4 Park Concept 64 - Two (2) Acres (Parcel east of Riverview Park) Conceptual Plans
2 6
8 18
16 50
$ -
$ 6,140
$ 6,140
3D Renderings
1 4
16 24
45 $ -
$ 5,170
$ 5,170
Task 3.4 Totals
3 10
8 0
34 40
95 $ -
$ 11,310
$ 11,310

3.5 Park Concept 65 - 0.5 Acre (Utility Parcel on Park Street) Conceptual Plans
2 4
8 14
10 38
$ -
$ 4,740
$ 4,740
3D Renderings
1 2
4 14
16 37
$ -
$ 4,330
$ 4,330
Task 3.5 Totals
3 6
12 0
28 26
75 $ -
$ 9,070
$ 9,070

3.6 Park Concept 96 - 1.3 Acres (Caltrans Parcel on Palm Street) Conceptual Plans
2 6
8 20
18 54
$ -
$ 6,580
$ 6,580
3D Renderings
1 4
2 14
24 45
$ -
$ 5,210
$ 5,210
Task 3.6 Totals
3 10
10 0
34 42
99 $ -
$ 11,790
$ 11,790

3.7 Park Concept Cost Estimates
8 2
20 18
48 $ -
$ 6,420
$ 6,420
Task 3 Totals
26 52
8Z
12 188
236
596
0 $ 71,970
$ 71,970
Total Hours By Staff
32 82
108
20 212
236
690
Direct Labor Costs:
$85,030
Travel & Material Direct Costs
$200
KTUA Total Cost
$85,230

TECHNIC AL ASSIST ANCE PROGR AM (T AP)

FUNDING ALLOCATION LIST
ALLOCATION by City and/or Entity
NO.

Entity
Measure A Study Area

ALLOCATIONS
Park Need Level
1 Alhambra
Alhambra
$185,000
High
2 Artesia
Artesia
$185,000
High
3 Cars on
Carson
$185,000
High
4 Compt on
Compton
$185,000
High
5 Downey
Downey
$185,000
High
6 Gardena
Gardena
$185,000
High
7 La Puente
La Puente
$185,000
High
8 Lynwood
Lynwood-UI Lynwood
$185,000
High
9 Norwalk
Norwalk
$185,000
High
10 San Fernando
San Fernando
$185,000
High
11 Temple City
Temple City
$185,000
High
12 To rrance
Torrance, North
$185,000
High
13 Ba ldwin Park
Baldwin Park
$285,000
Very High Need
14 Bell
Bell
$285,000
Very High Need
15 Bell Gardens
Bell Gardens
$285,000
Very High Need
16 Bellflower
Bellflower
$285,000
Very High Need
17 Cudahy
Cudahy
$285,000
Very High Need
18 El Monte
El Monte
$285,000
Very High Need
19 Glendale
Glendale, Southside
$285,000
Very High Need
20 Hawthorne
Hawthorne
$285,000
Very High Need
21 Huntington Park
Huntington Park
$285,000
Very High Need
22 Inglewood
Ingle woo d
$285,000
Very High Need
23 Lawnda le
Lawndale
$285,000
Very High Need
24 Maywood
Maywood
$285,000
Very High Need
25 Paramount
Paramount
$285,000
Very High Need
26 South Gate
South Gate
$285,000
Very High Need
27 West Hollywoo d
West Hollywoo d
$285,000
Very High Need
28 Los Angeles County
Department of Parks and Recreation
See next page for list of study areas
$1,000,000
HighNery High Need
29 Lon. Beach Cit
See next page for list of study areas
$400,000
HighNery High Need
30 Los Angeles City
See next pa ge for list of study areas
$1,000,000
HighNery High Need
31 Non-Profits/JPA's/Other Public Age ncies
N/A
$550,000
HighNery High Need
GRAND TO TA L:
$9,445,000
.. ,WI,M� 7
Gi
,p$ S4.i..

AN D ups=

Page 1 of 2 ends

LIST OF ENTITIES WITH MULTIPLE MEASURE A STUDY AREAS
Entity
Study Area Park Need Level
L ong B each, N orth
Long Beach, South
Long Beach, West
LA B oyle Heights
LA Canoga Park-Winnetka
LA Central City
LA Exposition Park -University Park -Vermont Square
LA H ollywood, S outh
LA Mission Hills -Panorama City -North Hills
LA North Hollywo od -Valley Village
LA Palms -Mar Vista -Del Rey
LA South LA
LA Southeast LA
LA S outheast LA, N orth
LA Van Nuys -North Sherman Oaks
LA Venice
LA West Adams
LA Westlake
Long Beach
Long Beach
Long Beach
Los A ngeles
Los A ngeles
Los Angeles
Lo s Ange le s
Los Angeles
Los Angeles
Lo s Ange le s
Lo s A nge le s
Los Angeles
Los Angeles
Los Angeles
Los A ngeles
Los Angeles
Lo s Ange le s
Los Angeles
Los Angeles
Lo s Ange le s
Lo s A nge le s
Los Angeles
Los Angeles
Los Angeles
Los A ngeles
Los Angeles
Lo s Ange le s
Los Angeles
Los A ngeles
Lo s Ange le s
Lo s A nge le s
UI-DPR Bassett -West Puente Valley
UI-DPR East LA, Northwest
UI-DPR Ea st LA , Southea st
UI-DPR East Rancho Dominguez
UI-DPR East San Gabriel -Arcadia
UI-DPR Florence -Firestone
UI-DPR Hawtho rne-A londra Park
UI-DPR Lennox
UI-DPR Walnut Park
UI-DPR West Athens -Westmont
UI-DPR Charter Oak Islands
UI-DPR Del Aire
UI-DPR West Carso n
UI-DPR Willowbrook
High
High
Very High Need
Very High Need
Very High Need
Very High Need
Very High Need
Very High Need
Very High Need
Very High Need
Very High Need
Very High Need
Very High Need
Very High N eed
Very High Need
Very High Need
Very High Need
Very High N eed
LA Westwood-UI Sawtelle Veterans Administration Center Very High Need LA Wilshire - K or eat own
LA Arle ta -Pacoima
LA Baldwin Hills-Leimert-Hyde Park
LA Central City North
LA Ha rbor Gateway
LA Northridge
LA Reseda -West Van Nuys
LA Sun Valley -La Tuna Canyon
LA Valley Gle n -North Sherman Oaks
LA West LA
LA Westche ster -Pla ya del Rey -LAX
LA Wilshire - West
Very High Need
High
High
High
High
High
High
High
High
High
High
High
Very High Need
Very High Need
Very High N eed
Very High Need
Very High Need
Very High Need
Very High N eed
Very High Need
Very High Need
Very High Need
High
High
High
High
UI Bassett -West Puente Valley
UI East LA, Northwest
UI East LA, So uthea st
UI East Rancho Dominguez
UI East San Gabriel -Arcadia
UI Flo rence -Fire stone
UI Hawthorne -Alondra Pa rk
Ul Lennox
UI Walnut Park
UI West Athens -Westmont
UI Charter Oak Islands
UI Del Aire
UI We st Carson
UI Willowbrook

Page 2 of 2 ends

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 AGREEMENT NO. T12A22
NOTICE TO PROCEED: 12A22-1
PROJECT NAME: City of Bellflower
Bellflower Park Concepts and Renderings
EFFECTIVE DATE: February 23, 2024
Your application for Technical Assistance Program (TAP) funds for the above TAP Project has been approved by the Los Angeles County Regional Park and Open Space District (RPOSD) subject to the terms and conditions of Agreement No. T12A22, dated February 23, 2024. This Notice to Proceed (NTP) covers the work listed in the attached Bid from KTUA "Consultant" ("Work"). The Work shall be performed in accordance with the enclosed scope of work, timeline, and budget (Attachment 1).

TAP services shall be completed by 6/30/2025, for a not -to -exceed fee of Eighty -Five Thousand Two Hundred Thirty Dollars ($85,230.00), inclusive of related reimbursable expenses. Any funds exceeding these fees are not reimbursable by RPOSD.

Please ensure that "Agreement No. T12A22" appears on your invoices when billing RPOSD. Services provided will be reimbursed as of effective date of NTP. No expenses are reimbursable post expiration date of NTP, 6/30/2025.

If you have any questions regarding this NTP, please contact Susan Castro-Valenzuela at (626) 588-5044 or [email protected]. Please coordinate with Karmina Lopez at [email protected] to initiate work on this NTP.

Sincerely,
Susan Castro-Valenzuela
Susan Castro-Valenzuela
Technical Assistance Program
Enclosures
Digitally signed by Susan Castro-Valenzuela
Date: 2024.02.23 11:15:58 -08'00'
Revised: 7/7/2023 HOA.103558285.1

ktu
3916 Normal Street
San Diego, CA 92103
540 E. Betteravia Road, Suite D 122
Santa Maria, CA 93454
619-294-4477 www.ktua.com
Task 3: Park Concept Designs
With direction provided by the City and through the community engagement process, KTUA will prepare conceptual plans illustrating proposed park improvements that reflect the community's needs.

The Conceptual Plan and perspective rendering (one max per site) will be completed for the following six locations have been identified for preliminary park concept designs.

City of Bellflower TAP Grant: Park Concepts
KTUA
Principal I
Associate
Associate /
GIs
Manager
Senior
Planner/
Designer 11
Senior
Planner/
Designer I
Planner/
Designer
Hours per
Task
Travel &
Materials
Labor Cost
Cost per Task
Joe
Punsalan
Jacob
Leon
Josef
Gutierrez
David
Jamesson /
Marina
Varano
Nicole
Rogge /
Gwen Stark
Isabel
Perez
$190
$155
$135
$125
$115
$105
1 'r•j-ctMan•gem-nt 411111

1.1 Kickoff Meeting
2 2
2 2
8 $ -
$ 1,190
$ 1,190

1.2 Team Meetings
4 8
8 6
26 $ -
$ 3,770
$ 3,770

1.3 Invoicing & Progress Reports
8 8
$ -
$ 1,240
$ 1,240
Task 1 Totals
6 18
10 0
8 0
42 $ -
$ 6,200
$ 6,200
2 Existing C • n . iti • ns

2.1 Site Visits
12 16
16 44
$ 200
$ 5,860
$ 6,060

2.2 Produce materials for Park Master Plan workshops
8 8
$ -
$ 1,000
$ 1,000
Task 2 Totals 0
12 16
8 16
0 52
$ 200
$ 6,860
$ 7,060
3 Park Concept Designs •

3.1 Park Concept 81- Pace School Property - Sports field and parking Conceptual Plans
2 4
8 18
16 48
$
$ 5,830
$ 5,830
3D Renderings
1 2
14 18
35 $ -
$ 4,000
$ 4,000
Task 3.1 Totals
3 6
8 0
32 34
83 $ -
$ 9,830
$ 9,830

3.2 Park Concept #2 - Pace School Property - New Aquatic Center Conceptual Plans
2 6
12 12
20 16
68 $ -
$ 8,410
$ 8,410
3D Renderings
1 4
4 18
32 59
$ -
$ 6,780
$ 6,780
Task 3.2 Totals
3 10
16 12
38 48
127
$ -
$ 15,190
$ 15,190

3.3 Park Concept #3 - 0.2 Acres (9443 Artesia Blvd)
Conceptual Plans
2 4
8 10
8 32
$ -
$ 4,070
$ 4,070
3D Renderings
1 4
12 20
37 $ -
$ 4,290
$ 4,290
Task 3.3 Totals
3 8
8 0
22 28
69 $
$ 8,360
$ 8,360

3.4 Park Concept #4 - Two (2) Acres (Parcel east of Riverview Park) Conceptual Plans
2 6
8 18
16 50
$ -
$ 6,140
$ 6,140
3D Renderings
1 4
16 24
45 1
$ -
$ 5,170
$ 5,170
Task 3.4 Totals
3 10
8 0
34 40
95 $ -
$ 11,310
$ 11,310

3.5 Park Concept #5 - 0.5 Acre (Utility Parcel on Park Street) Conceptual Plans
2 4
8 14
10 38
$ -
$ 4,740
$ 4,740
3D Renderings
1 2
4 14
16 37
$ -
$ 4,330
$ 4,330
Task 3.5 Totals
3 6
12 0
28 26
75 $ -
$ 9,070
$ 9,070

3.6 Park Concept #6 -1.3 Acres (Caltrans Parcel on Palm Street) Conceptual Plans
2 6
8 20
18 54
$ -
$ 6,580
$ 6,580
3D Renderings
1 4
2 14
24 45
$ -
$ 5,210
$ 5,210
Task 3.6 Totals
3 10
10 0
34 42
99 $ -
$ 11,790
$ 11,790

3.7 Park Concept Cost Estimates
8 2
20 18
48 $ -
$ 6,420
$ 6,420
Task 3 Totals
26 52
82 12
188
236
596
0 $ 71,970
$ 71,970
Total Hours By Staff
32 82
108
20 212
236
690
Direct Labor Costs:
$85,030
Travel & Material Direct Costs
$200
KTUA Total Cost
$85,230

City of Bellflower TAP Grant: Park Concepts
Months (2024)
Apr May Jun Jul Aug Sept Oct Nov
1 Project Management

1.1 Kickoff Meeting
---

1.2 Team Meetings

1.3 Invoicing & Progress Reports
2 Existing Conditions

2.1 Site Visits

2.2 Produce materials for Park Master Plan workshops
3 3.1
Park Concept Designs
Park Concept #1 - Pace School Property - Sports field and parking (1)

3.2 Park Concept #2 - Pace School Property - New Aquatic Center (1)

3.3 Park Concept #3 - 0.2 Acres (9443 Artesia Blvd)
(1)

3.4 Park Concept #4 - Two (2) Acres (Parcel east of Riverview Park) (1)

3.5 Park Concept #5 - 0.5 Acre (Utility Parcel on Park Street) (1)

3.6 Park Concept #6 -1.3 Acres (Caltrans Parcel on Palm Street) (1)

3.7 Park Concept Cost Estimates
(1) Initial diagrammatic concepts or blank maps for ideas can be shared at the last workshop

PARTIES TO AGREEMENT
RPOSD: GRANTEE:

Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706

RECITALS
The Grantee ("Grantee") and the Los Angeles County Regional Park and Open Space District ("RPOSD") do hereby enter into this Agreement and under the terms and conditions of this Agreement. Grantee agrees to complete TAP Services as described in any future Notice(s) to Proceed ("NTP") issued by RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to Measure A.

DEFINITIONS
Indirect/Overhead Costs — Indirect/Overhead costs are costs not usually identified specifically with the grant, contract, or activity, but are necessary for the general operation of the grantee/organization.

NTP (Notice to Proceed) — The formal notification issued by RPOSD that directs the Grantee to immediately, or as of the date contained in the notice to begin work on the Project.

NTP Budget - Budget submitted by Grantee which provides the cost of the TAP Services being provided.

NTP Completion Date —The date TAP Services will be completed according to the approved timeline submitted by the Qualified Vendor.

Qualified Vendor— Parkland development consultants and service providers included on RPOSD's TAP Qualified Vendor list.

TAP Services — Technical Assistance Program services provided by a Qualified Vendor through a NTP process.

Revised: 7/7/2022 HOA.103558285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 Article 1: TAP Services
The Grantee shall provide all necessary and qualified personnel, equipment, material, and facilities to complete TAP Services as described in the NTP(s) and incorporated by reference herein.

TAP Services provided under this Agreement will be performed by Qualified Vendors through an NTP and the Grantee shall submit to RPOSD the names, description of work to be performed, contract amount, executed contract agreement and certificate of insurance of the Qualified Vendor that the Grantee contracts with.

Article 2: Term of Agreement
The term of this Agreement begins when it is fully executed ("Effective Date"). The term of the agreement shall remain in effect for five years from the effective date unless renewed, terminated or cancelled by either party as provided in Article 3: Option to Renew and Article 11:

Early Termination, Suspension, and Failure to Perform, below.

Article 3: Option to Renew
Provided that Grantee is not, and at no time has been, in default during the Term under any of the terms, conditions, and provisions of this Agreement, then Grantee shall have the option to renew this Agreement, for one five (5) year option period, provided that, in order to exercise this Option to Renew (Option), Grantee is required to give to RPOSD written notice thereof not less than three (3) months prior to the date of expiration of this Agreement.

Article 4: NTP Performance Period
The NTP performance period for each NTP shall be the period of time starting on the date of NTP execution and ending on the performance period end date as defined in the NTP. NTP costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

Article 5: Counterparts and Electronic Signatures
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The facsimile, email or electronic signature of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments and received via communications facilities (facsimile, email or electronic signature), as legally Revised: 7/7/2022 HOA.103558285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 sufficient evidence that such legally binding signatures have been affixed to Amendments to this Agreement.

Article 6: Compensation
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to a validly executed NTP. Grant funds will be disbursed in accordance with the NTP Budget defined in the NTP(s), subject to the provisions of this Agreement. Grantee will use the grant funds solely for the purposes described in this Agreement, the resultant NTP and detailed in RPOSD's approved electronic GMS application. Grantee may not combine or carryover funds remaining in one NTP to another. Grantee understands that grant funds are not a gift and agrees that RPOSD is granting funds for Grantee to complete the work outlined in the NTP.

Article 7: Overhead or Indirect Costs
Grantee's overhead or indirect costs are not reimbursable.

Article 8: Expenditure of Funds and Allocation of Funds Between Budget Items The total grant amount of any future NTP(s) may not be increased. The Grantee shall expend funds consistent with the approved NTP Budget. Any revisions to the NTP Budget that attempts to shift funds from approved budget items into a different category, must be identified in a revised budget within RPOSD's grants management system and approved in advance by RPOSD.

RPOSD may withhold payment for items which exceed the amount allocated in the NTP budget which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item shall result in a corresponding decrease in the funding for one or more other budgeted items.

Article 9: Project Costs and Reimbursements
RPOSD shall reimburse to the Grantee, in accordance with the approved NTP Budget, a total amount not to exceed the amount of the NTP, as follows:

RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount, upon the Grantee's satisfactory progress under the NTP and upon submission of an electronic claim form, which shall be submitted no more frequently than monthly. RPOSD shall disburse the final 10% held in retention, upon the Grantee's satisfactory completion of the TAP Services, submission of required documentation and upon RPOSD's acceptance of the project. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

The Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only reimburse for Revised: 7/7/2022 HOA.103558285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 actual costs incurred. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.

An authorized representative of the Grantee shall sign the claim. Each claim form shall be accompanied by:

1. All receipts and any other source documents for direct expenditures and costs that the Grantee seeks reimbursement for;

2. Invoices from Qualified Vendor(s) that the Grantee engaged to complete any portion of the work funded under this Agreement and any invoices and any other source documents for costs incurred and expenditures by any such Qualified Vendor(s), unless RPOSD makes a specific exemption in writing; and

3. A supporting progress report summarizing the current status of the work and comparing it to the status required by the NTP (budget, timeline, tasks, etc.), including written substantiation of completion of the portion of the project for which the Grantee is requesting reimbursement, as requested by RPOSD.

RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with the any requirements, including failure to submit a signed payment request or attaching supporting documents.

Article 10: Advancing of Funds
The Grantee may request an advance of grant funds for an amount equaling up to 20% of the grant amount. Grantees must setup a separate fund or account for RPOSD funds approved for advance payment. RPOSD funds must be deposited into an interest -bearing account insured by the FDIC. All interest earned belongs to RPOSD and must be returned to RPOSD prior to final payment. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances.

Grantee shall submit proof of expenditures using advanced funds. The grantee must use or return all advanced funds before requesting for reimbursement of additional expenses from the grant award. Only one request for advance funds, at the initiation of the grant, will be allowed per grant. In addition, Grantee shall return advanced funds paid to Grantee that RPOSD, in its sole discretion, deems ineligible.

Article 11: NTP Completion
The Grantee shall complete the TAP Services by the NTP Completion date provided in the GMS.

Upon completion of the NTP the Grantee shall provide RPOSD with evidence of completion by submitting:

Revised: 7/7/2022 HOA.103ss8285.1

1. All Deliverables specified in the NTP, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);

2. Electronic submission of final payment request; and

3. Letter of Completion.

Article 12: Early Termination, Suspension, and Failure to Perform If there are no pending incomplete NTP Projects, either party may terminate this Agreement for any reason by providing the other party with a minimum of thirty (30) days written notice.

If there are pending incomplete NTP Projects, RPOSD may terminate or suspend this Agreement for any reason by providing the Grantee with written notice. Upon receipt of such notice, Grantee shall immediately cause all work under the Agreement to stop and take all reasonable measures to prevent incurring further costs. RPOSD may reimburse eligible, reasonable and non -cancelable obligations incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of grant funding authorized in this Agreement and only if Grantee is in compliance with all terms and conditions of this Agreement and any outstanding NTPs. Any notice suspending NTP's under this Agreement shall remain in effect until written notice from RPOSD authorizes the NTP to resume.

If there are pending incomplete NTP Projects, Grantee may terminate this Agreement for any reason by providing RPOSD with a thirty (30) day notice in writing and repayment to RPOSD of all amounts disbursed by RPOSD for any pending and incomplete NTP(s) issued under this Agreement.

On or before the date of termination of the Agreement under this section, whether terminated by the Grantee or RPOSD, the Grantee shall provide RPOSD with all work, material, data, information, and written, graphic or other work produced, developed or acquired that was to be delivered under this Agreement (whether completed or partial), in appropriate, readily useable form.

Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement under this section.

RPOSD is not responsible for any obligations of Grantee that may be impacted by termination of this Agreement, including contracts with Qualified Vendors.

Revised: 7/7/2022 HOA.103558285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 Article 13: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.

Article 14: Copyright and Work Products
Grantee may copyright protect original works developed under this Agreement. All such copyrighted works will be in the name of the Grantee. Grantee grants to RPOSD an irrevocable and royalty -free right and license to use, reproduce, prepare derivative works, distribute copies, and perform and display publicly any copyrighted material developed and/or delivered under this Grant.

Article 15: Liability Insurance
Prior to starting any Work, Grantee shall (a) secure and continuously carry insurance meeting the requirements set forth and acknowledged in RPOSD's electronic GMS application for this grant, and (b) provide RPOSD with evidence of such insurance. Grantee agrees to promptly provide evidence of insurance required under this Section at any time during the term of the Agreement upon request by RPOSD or a third party engaged by RPOSD to manage and administer the insurance requirements under this Section. Grantee shall also require its sub- contractors to adhere to these insurance requirements.

Article 16: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold harmless RPOSD, its officers, employees, and agents from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of Projects or any other operation, maintenance or activity by the Grantee. Grantee agrees to defend and indemnify RPOSD, its officers, employees, and agents from all costs and expenses, including attorney's fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of Projects or any other operation, maintenance or activity by the Grantee.

RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.

Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to the payment of the funds pursuant to the terms and conditions of this Agreement. Any contracts entered into, or other obligations or liabilities incurred by, the Grantee in connection with any Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.

Revised: 7/7/2022 HOA.103558285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 The obligations in this "Indemnification and Hold Harmless" section shall survive termination of this agreement.

Article 17: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties.

It is the responsibility of the Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so, and such signature shall be binding to RPOSD. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties.

Article 18: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances. This Agreement is governed by the laws of the State of California, and the parties agree that the enforcement of the Agreement, and the resolution of any disputes arising out of or related to the subject matter of the Agreement, shall be resolved by arbitration conducted by a private arbitration service under the laws of the State of California.

Article 19: Notices
AM notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given: (i) if entered and/or uploaded to RPOSD's electronic GMS system; (ii) if delivered by courier, on receipt by the intended recipient or on the date of delivery (as confirmed by, if delivered by courier, the records of such courier); (iii) if mailed, on the date of delivery as shown by the return receipt; (iv) if by email, on the date officially recorded as delivered, according to return receipt or other record of delivery. Notices shall be addressed to the RPOSD Grants Officer assigned to this grant in the grants management system.

Article 20: Audits, Accounting, Records
Grantee agrees to maintain satisfactory financial accounts, documents and records for each NTP issued under this Agreement and to make them available to RPOSD for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following each NTP termination or completion.

Grantee and RPOSD agree that during regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.

Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.

Revised: 7/7/2022 HOA 103558285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 Grantee agrees to use an accounting system that complies with generally accepted accounting principles.

At any time during the term of this Agreement or at any time within five years after the expiration or prior termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.

Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims. RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.

If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the Measure A Grants Administration Manual, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.

Article 21: Computer Software
The Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

Article 22: Nondiscrimination
During the performance of this Agreement, 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.

Article 23: Independent Capacity
The Grantee, and the agents and employees of the Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of RPOSD.

Article 24: Assignment
Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.

Revised: 7/7/2022 HOA-103558285,1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 Article 25: Good Standing
Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.

Article 26: Timeliness
Time is of the essence in this agreement.

Article 27: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement for Grantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.

Article 28: Conflict of Interest
No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of such work.

Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest. If Grantee hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this Article 27 shall be a material breach of this Agreement.

Revised: 7/7/2022 HOA.103558285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 Article 29: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

Article 30: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

Revised: 7/7/2022 HOA.103ss8285.1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.

GRANTEE:

By:

Sig .ture ' Authorized Representative
/
Name: Jeffrey L. Stewart
Title: City Manager
Date: 9/9/2022

LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:

By:

Director / Administrator
Date:

TBF
Agreement No.

Revised: 7/7/2022 HOA.103558285.1

NOTICE TO PROCEED

REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
(ENTER NAME OF TAP SERVICES)
Your application for Technical Assistance Program funds for the above TAP Services has been approved subject to the terms and conditions of Agreement No. (Enter Number) dated (Enter Date). This Notice to Proceed (NTP) covers the work listed in the attached Bid from Consultant dated (Enter Date).

TAP services shall be completed by (Enter Date here) for a not -to -exceed fee of (Enter Amount), including related reimbursable expenses as specified. Any work exceeding these fees will require prior written authorization from RPOSD.

Please ensure that Agreement No. (Enter Number) appears on your invoices when billing RPOSD. If you have any questions regarding this NTP, please contact (Enter Contact) at (626) 588-XXXX or (Enter Email Address). Please coordinate with (Enter coordinate name) at (Enter Email Address) to initiate work on this NTP.

Sincerely,
Name of RPOSD Rep
Rep's Title
Revised: 7/7/2022 HOA.103s58285.1

Measure A Technical Assistance Program
Master Agreement
Final Audit Report
2022-09-12
Created: 2022-09-09
By: Rocio Gonzalez Diaz ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAn65ggffr9MYz9xEUE1mXCGJjwIN6M5sT "Measure A Technical Assistance Program Master Agreement" History
Document created by Rocio Gonzalez Diaz ([email protected]) 2022-09-09 - 1:15:41 AM GMT- IP address: 173.196.252.166 Document emailed to Christina Angeles ([email protected]) for signature 2022-09-09 - 1:17:05 AM GMT
,13 Email viewed by Christina Angeles ([email protected]) 2022-09-12 - 6:42:51 PM GMT- IP address: 173.196.252.147 o Document e -signed by Christina Angeles ([email protected]) Signature Date: 2022-09-12 - 6:42:58 PM GMT - Time Source: server- IP address: 173.196.252.147 Document emailed to [email protected] for signature 2022-09-12 - 6:43:00 PM GMT
A signed copy was uploaded by Rocio Gonzalez Diaz ([email protected]) 2022-09-12 - 6:55:25 PM GMT
O Agreement completed.
2022-09-12 - 6:55:25 PM GMT
Fa Adobe Acrobat Sign

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

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

SUBJECT: Consideration and possible action to Adopt Resolution No. 24-13 – A Resolution amending the Operating Budget for Fiscal Year 2023-2024 to provide additional funding for the Bellflower Gateway Sign Project (Specifications No. 22/23-06).

DATE: March 11, 2024

EXECUTIVE SUMMARY

This action would amend the Operating Budget for Fiscal Year 2023-2024 to provide additional funding for the Bellflower Gateway Sign Project (the “Project”).

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 24-13; or

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

FISCAL IMPACT

A budget amendment is proposed to add additional funds in Account No. 020-47312- 9000 (Gateway Sign Project; Public Arts Fund) to provide additional funding for outstanding construction costs including Change Order No. 1, as a result of unforeseeable conditions in the public right-of-way.

Adopted Amended
Account No Fund/Account Description Budget Adjustment Budget . 020-47312-9000 Public Arts Fund/Gateway Sign $424,416 $80,000 $504,416

DISCUSSION

On November 14, 2022, the City awarded a contract to Select Electric for the construction of the Bellflower Gateway Sign in the amount of $491,150.00.

The requested budget amendment would provide additional funding for the project to cover soft costs, utility connection fees associated with the project site and a project change order issued as a result of unforeseen conditions found in the public right-of-way adjacent to the project site. An overall budget amendment in the amount of $80.000.00 is proposed to provide the additional funds needed in Account No. 020-47312-9000 to cover outstanding costs associated with the project.

ATTACHMENT

Resolution No. 24-13............................................................................................................. 2 -1-

Page 1 of 2 ends

CITY OF BELLFLOWER

RESOLUTION NO. 24-13

A RESOLUTION AMENDING THE OPERATING
BUDGET FOR FISCAL YEAR 2023-2024 TO

PROVIDE ADDITIONAL FUNDING FOR THE

BELLFLOWER GATEWAY SIGN PROJECT
(SPECIFICATIONS NO. 22/23-06)

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds and declares as follows:

A. The City of Bellflower wishes to complete the construction of the Bellflower Gateway Sign Project.

B. Bellflower Gateway Sign Project (Specifications No. 22/23-06) is estimated to cost $580,000 over the course of two fiscal years and requires a budget amendment to the Operating Budget for Fiscal Year 2023-2024 to provide additional funds for the project.

SECTION 2. The City Council hereby amends the Operating Budget for Fiscal Years 2022-2023 as follows:

Adopted Amended
Account No Fund/Account Description Budget Adjustment Budget . 020-47312-9000 Public Art Fund/Gateway Sign $424,416 $80,000 $504,416

The General Fund and/or General Projects Fund will loan approximately $200,000 of the project costs to the Public Art Fund. The loan will be repaid as Public Art funds are collected.

SECTION 3. 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 4. 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 5. 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.

-2-

City of Bellflower
Resolution No. 24-13

Page 2 of 2 ends

SECTION 6. 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 7. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 11TH OF MARCH 2024.

________________________________
Dan Koops, Mayor

ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

-3-

City Council meeting
march 11, 2024
Agenda Items 11-A & 11-B
11-A) Consideration and possible action to conduct a public hearing to consider granting an oil pipeline franchise to SFPP, L.P. and read by title, waive further reading, and introduce Ordinance No. 1427 – An Ordinance granting to SFPP, L.P., an oil pipeline franchise within the City of Bellflower; and 11-B) Consideration and possible action to conduct a public hearing to consider granting an oil pipeline franchise to Air Products Manufacturing, LLC, and read by title, waive further reading, and introduce Ordinance No. 1428 – An Ordinance granting to Air Products Manufacturing, LLC an oil pipeline franchise within the City of Bellflower.

Good evening, members of the City Council.

Tonight, I present items 11-A and 11-B – A public hearing to consider granting an oil pipeline franchise to SFPP, L.P. and Air Products Manufacturing, LLC and introduce Ordinances No. 1427 and 1428.
1 Background
Public Vs. Non-Public Utility Oil Pipelines
Public Utility Oil Pipelines
Known in the industry as “common carrier” pipelines.

Can be utilized by refiners, marketers, and others who wish to transport oil products in exchange for payment to the owner of the pipeline.

Franchise fees are set by California Public Utilities Code (CPUC); therefore, the fees are non-negotiable.

I’d like to start us off with a very brief background on oil pipelines.

Oil pipelines can be categorized as either public utility or non-public utility.

Public Utility Oil pipelines are also known as common carrier pipelines which allow various parties to access the pipelines to transport oil products in exchange for payments. Furthermore, the franchise fees for public utilities are set by the California public utilities code; therefore, fees are non-negotiable. 2 Background
Non-public Utility Oil Pipelines
Known in the industry as “non-common carrier” pipelines.

Proprietary pipelines used exclusively by the owner of the pipeline.

Franchise fees are negotiable.

On the other hand, non-public utility oil pipelines are known as “non-common carrier” pipelines.

These are for the exclusive use by the owners of the pipeline assets. The franchise fees are negotiable. 3 Ordinance no. 1427– sfpp, l.p.

On December 14, 1998, the City Council adopted Ordinance No. 941, granting a 25-year public utility service pipeline franchise agreement.

Franchise Agreement with the City expired on January 12, 2024.

SFPP seeks to be granted a new franchise agreement for ten (10) years, with the option for one (1) 10-year extension.

If the City Council adopts Ordinance No. 1427, the franchise would be in effect for the ten-year period thirty (30) days after the adoption of Ordinance No. 1427.

Transporting Petroleum Products
4 SFPP, L.P. Pipeline map
ordinance no. 1427

SFPP’s pipeline consists of four thousand five hundred twenty-nine (4,529') feet of sixteen-inch (16”) pipes.

SFPP's pipeline runs in Alondra Blvd from Hayter Avenue and continues east to the County of Los Angeles Metropolitan Transportation Authority railroad right-of-way between Pacific Avenue and Flora Vista Street.
5 Ordinance no. 1428 – air products manufacturing, llc.

On July 17, 1996, Paramount Petroleum purchased a portion of the pipeline from ARCO (assigned and adopted under Ordinance 823) On June 23, 2014, the City Council adopted Ordinance No. 1276 granting a non-public utility pipeline franchise to Paramount Petroleum Corporation set to expire on January 25, 2024.

On April 8, 2019, the City Council approved and adopted Resolution No. 19-22, approving the transfer of the Franchise Agreement from Paramount Petroleum to Paramount Pipeline, LLC.

The entire pipeline underwent a hydro test on 11/10/14. Then, Paramount Pipeline (the previous pipeline owners) sent a letter to the California Fire MArshal for the Official Deferment of Line 35 on October 29, 2019 and received confirmation from the Office of the State Fire Marshal on April 3, 2020.

This line is currently not active; therefore, there is a deferment in place from the State Fire Marshal regarding the testing requirement as of October 29, 2019. 6 Ordinance no. 1428 – air products manufacturing, llc —Continued On November 14, 2023, Air Products Manufacturing, LLC (“Buyer”) completed its Asset Purchase and Sale Agreement with Paramount Pipeline (“Seller”).

Paramount Pipeline's Franchise Agreement expired on January 25, 2024.

Air Products now seeks to be granted a new franchise agreement for ten (10) years, with the option for one (1) 10-year extension.

If the City Council adopts Ordinance No. 1428 the franchise would be in effect for the ten-year period thirty (30) days after the adoption of Ordinance No. 1428.

This line is currently not active; therefore, there is a deferment in place from the State Fire Marshal regarding the testing requirement as of October 29, 2019. 7 Air products manufacturing, llc pipeline map
ordinance no. 1428

Air Product’s pipeline in the City of Bellflower consists of ten thousand one hundred thirty-nine (10,139') feet of four-inch (4”) pipes.

Air Products' pipeline runs in Lakewood Boulevard from Somerset Boulevard to the South City boundary approximately 230' south of Rose St. 8 Agreement terms

SFPP’s pipeline is a public utility whereas Air Products’ pipeline is a non-public utility.

Both proposed franchises are for the duration of 10 years with the option for one 10-year extension.

Since SFPP is a public utility, there is neither granting nor renewal fee should SFPP elect to extend the franchise agreement. As a non-public utility, Air Products will pay a one-time granting fee of $10,000 and a renewal fee of $6,000 – should they elect to extend the agreement. Both oil companies will be required to post $100,000 performance bonds within the timeline stipulated in their respective ordinances. The 2023 franchise fee for SFPP was $3,202.76 whereas Air Products’ 2023 franchise fee was $4,049.27. The franchise fees are calculated by multiplying the rate per linear foot with the total linear feet and CPI calculations. Franchise Fees are adjusted for CPI increases every year. 9 Staff Recommendation
Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1427 and 1428; or
Alternatively, discuss and take other action related to this item.

10 City Council meeting
march 11, 2024
Agenda Item 11-C

Consideration and possible action to conduct a public hearing to consider granting an oil pipeline franchise to SFPP, L.P., and read by title, waive further reading, and introduce Ordinance No. 1429 – An Ordinance granting to SFPP, L.P., an oil pipeline franchise within the City of Bellflower.

11 Ordinance no. 1429 – sfpp, l.p.

On February 24, 1997, the City Council adopted Ordinance No. 884, granting a 10-year public utility service oil pipeline Franchise Agreement.

SFPP's 10-year Agreement with the City of Bellflower (“City”) expired on February 23, 2007.

SFPP now seeks to be granted by the City a new franchise agreement for ten (10) years, with the option for one (1) 10-year extension.

If the City Council adopts Ordinance No. 1429 the franchise would be in effect for the ten-year period thirty (30) days after the adoption of Ordinance No. 1429.

SFPP's 10-year Agreement with the City of Bellflower (“City”) expired on February 23, 2007; however, SFPP maintained the franchise agreement in holdover status by annually submitting payment of franchise fees.
12 SFPP, L.P. Pipeline map
ordinance no. 1429

SFPP’s pipelines within the City’s public right-of-way consist of approximately ten thousand seven hundred and eight (10,708') feet of sixteen-inch (16”) pipes and approximately fourteen thousand four hundred and twenty-five (14,425') feet of twenty-four-inch (24”) pipes.

SFPP's pipeline consists of approximately ten thousand seven hundred and eight (10,708) feet of sixteen-inch (16") pipes beginning at Downey Avenue and south City boundary; then north in Downey Avenue to Rose Street; then east in Rose Street to the east right-of-way line of Woodruff Avenue; then across private easements to Carpintero Avenue, then south in Carpintero Avenue; then continuing east across private easements to Palo Verde Avenue; then north in Palo Verde Avenue to the Southern Pacific Transportation Company railroad right-of-way and east City boundary.

SFPP's pipeline also consists of approximately fourteen thousand four hundred and twenty-five (14,425) feet of twenty-four-inch (24") pipes beginning at the intersection of Park Street and Downey Avenue, then proceeding easterly in Park Street to Lakewood Boulevard; then northerly in Lakewood Boulevard to Walnut Street; then easterly in Walnut Street to the Southern Pacific Railroad right-of-way continuing easterly from the railroad in Flora Vista Street to the Los Angeles County Flood Control property to the approximate easterly boundary line of the City of Bellflower.
13 Agreement terms

SFPP’s pipeline is a public utility.

The duration of the agreement will be ten years with the option for one (1) 10-year extension.

As a public utility oil pipeline, SFPP will pay neither granting nor renewal fee.

SFPP will post a performance bond in the amount of $100,000 within the time frame stipulated in the ordinance.

The 2023 franchise fee was $28,748.63
14 Staff Recommendation
Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1429; or Alternatively, discuss and take other action related to this item.

15 G`�pp BELLF(,OwrR SPEAKER SIGN-IN SHEET
(Voluntary)
,`RGWING TOGEnikQ"
Regular City Council Meeting
March 11, 2024

PLEASE PRINT LEGIBLY
NAME ORGANIZATION
(if applicable)
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Bellflower City CouncilMarch 11, 2024

Bellflower City Council
March 11, 2024