Agenda packet, regular meeting — Paramount City Council, April 23, 2024

Agenda
City Council
April 23, 2024
Regular Meeting - City Hall Council Chamber - 5:00 p.m. 16400 Colorado Avenue Paramount, CA 90723 (562) 220-2000 www.paramountcity.com

PUBLIC PARTICIPATION NOTICE
In-person Attendance: The public may attend the City Council meetings in-person.

View the City Council meeting live stream:
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Public Comments: Members of the public wanting to address the City Council, either during public comments or for a specific agenda item, or both, may do so by the following methods:
• In-Person
If you wish to make a statement, please complete a Speaker’s Card prior to the commencement of the Public Comments period of the meeting. Speaker’s Cards are located at the entrance. Give your completed card to a staff member and when your name is called, please go to the podium provided for the public. • E-mail: [email protected]
E-mail public comments must be received by 15 minutes prior to the start of the meeting. The e-mail should specify the following information: 1) Full Name; 2) City of Residence; 3) Phone Number; 4) Public Comment or Agenda Item No; 5) Subject; 6) Written Comments.

All public comments are limited to a maximum of three (3) minutes unless an extension is granted. No action may be taken on items not on the agenda except as provided by law. All public comments will be recorded and rules of decorum and procedures for the conduct of City meetings will apply when addressing the City Council whether in-person, via email or by teleconference.

CALL TO ORDER: Mayor Annette C. Delgadillo
PLEDGE OF ALLEGIANCE: Odyssey STEM Academy Tree Huggers Club

ROLL CALL OF
COUNCILMEMBERS:

Councilmember Isabel Aguayo
Councilmember Brenda Olmos
Councilmember Vilma Cuellar Stallings
Vice Mayor Peggy Lemons
Mayor Annette C. Delgadillo
Agenda April 23, 2024
Regular Meeting City Council Page 2

PRESENTATIONS

1. VIDEO DíA DE LOS NIÑOS

2. PROCLAMATION EARTH MONTH

3. PRESENTATION MARUKAN VINEGAR DONATION TO PARAMOUNT

EDUCATION PARTNERSHIP

4. PRESENTATION WORLD ENERGY DONATION TO TEPIC SISTER CITIES

5. CERTIFICATE OF

RECOGNITION

PARAMOUNT FC STATE CUP PRESIDENTS YOUNGERS
CHAMPIONS (9U)

6. CERTIFICATE OF

RECOGNITION
WEST COAST REBELS 6U AND 8U CHAMPIONSHIP

FOOTBALL TEAMS

7. PROCLAMATION NATIONAL CHILD ABUSE PREVENTION MONTH

8. PROCLAMATION NATIONAL LIBRARY WEEK

9. PROCLAMATION ALCOHOL AWARENESS MONTH

10. PROCLAMATION NATIONAL FAIR HOUSING MONTH

CITY COUNCIL PUBLIC COMMENT UPDATES

PUBLIC COMMENTS

CONSENT CALENDAR
All items under the Consent Calendar may be enacted by one motion. Any item may be removed from the Consent Calendar and acted upon separately by the City Council.

11. AWARD OF

CONTRACT
SUBSTATION ROOFING REPLACEMENT (CITY PROJECT NO.
9470)
Recommended Action: 1) Appropriate $142,200 using the Capital Project Fund; and 2) Award the contract for Substation Roofing Replacement (City Project No. 9470) to Bishop, Inc., Orange, California, in the amount of $401,980.00 and authorize the Mayor or her designee to execute the agreement.

Agenda April 23, 2024
Regular Meeting City Council Page 3

12. RESOLUTION
24:008

AUTHORIZING THE APPLICATION AND AMENDING THE

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN
FOR THE 2019 PROGRAM YEAR
Recommended Action: Read by title only and adopt Resolution No. 24:008, authorizing the application and amending the Permanent Local Housing Allocation (PLHA) plan for the 2019 program year; and authorizing the City Manager to execute the PLHA Program Application and other related documents to the PLHA program and submit all required documents and agreements to amend the PLHA plan for the 2019 program year in compliance with HCD regulations.

13. ORDINANCE
1185
AMENDING ORDINANCE NO. 178 (THE COMPREHENSIVE
ZONING ORDINANCE), APPROVING ZONE CHANGE NO. 247,

CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF
PARAMOUNT FROM M-1 (LIGHT MANUFACTURING) TO RM (MULTIPLE-FAMILY RESIDENTIAL) ON THE WEST SIDE OF VERMONT AVENUE FROM 15943 TO 15953 VERMONT AVENUE

IN THE CITY OF PARAMOUNT FOR CONSISTENCY WITH THE
GENERAL PLAN LAND USE DESIGNATION OF MULTIPLEFAMILY RESIDENTIAL Recommended Action: Read by title only, waive further reading, and adopt Ordinance No. 1185.

14. APPROVAL AUTHORIZATION TO PURCHASE A FORKLIFT
Recommended Action: Authorize the purchase of a forklift in the amount of $55,801.90 from Select Equipment Sales, Inc., Buena Park, CA.

15. AUTHORIZATION AUTHORIZATION TO INCREASE THE DESIGN ENGINEERING

BUDGET FOR PROGRESS PARK EXTERIOR IMPROVEMENTS
(City project no. 9352)
Recommended Action: 1) Appropriate $9,500 from the Capital Project Fund for this project using available General Fund balance; and 2) Approve the Additional Services Fee Proposal with Studio One-Eleven in the amount of $9,500 for additional construction design services for the Progress Park Exterior Improvements (City Project No. 9352).

16. APPROVAL AMENDMENT NO. 1 TO THE AGREEMENT WITH MICHAEL

BAKER INTERNATIONAL FOR LANDSCAPE DESIGN SERVICES
FOR MEDIAN ENHANCEMENTS (CITY PROJECT NO. 9453)
Recommended Action: 1) Appropriate an additional $14,200 from the available Measure R Funds, and; 2) Approve Amendment No. 1 to the agreement with Michael Baker International for landscape design services for Median Enhancements (City Project No. 9453) and authorize the Mayor or her designee to execute the agreement.

Agenda April 23, 2024
Regular Meeting City Council Page 4

17. APPROVAL AUTHORIZATION TO ADD A NEW CAPITAL IMPROVEMENT PROJECT TO THE FISCAL YEAR 2023-24 BUDGET –
ADVANCED METER INFRASTRUCTURE (CITY PROJECT NO.
9414)
Recommended Action: 1) Authorize a new Capital Improvement Project - Advanced Metering Infrastructure (City Project No. 9414); and 2) Appropriate $11,236,354 funded by a lease agreement with Banc of America Public Capital Corp.

NEW BUSINESS

18. PUBLIC HEARING

RESOLUTION
24:009

AUTHORIZING THE APPLICATION AND AMENDING THE

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN
FOR THE 2020-2023 PROGRAM YEARS
Recommended Action: Read by title only and adopt Resolution No. 24:009, authorizing the application and amending the Permanent Local Housing Allocation (PLHA) plan for the 2020-2023 program years; and authorize the City Manager to execute the PLHA Program Application, and other related documents to the PLHA program and submit all required documents and agreements to amend the PLHA plan for the 2020-2023 program years in compliance with HCD regulations.

19. REPORT UPDATE ON MAYORAL ACTIVITIES
Recommended Action: Receive and file this report and provide direction to staff on the proposed Mayoral activities presented in the report.

COMMENTS/COMMITTEE REPORTS

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(2) – Two (2) cases
(1) Communities for a Better Environment et al v. City of Paramount - Los Angeles Superior Court Case No. 22STCP0187
(2) Shadowood Development Company v. City of Paramount and consolidated action - Los Angeles Superior Court Case No. 22TCV09407/23STCV01108 (consolidated)

ADJOURNMENT
To a meeting on May 14, 2024 at 6:00 p.m. in the Council Chamber at City Hall, 16400 Colorado Ave., Paramount, CA
Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s office at (562) 220-2225 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Note: Physical hard copies of agenda items are on file in the City Clerk’s office and are available for public inspection during normal business hours. Materials related to an item on this Agenda submitted after distribution of the agenda packet are also available for public inspection during normal business hours in the City Clerk’s office. The office of the City Clerk is located at City Hall, 16400 Colorado Avenue, Paramount.

To: Honorable City Council
From: John Moreno, City Manager
By: Heidi Luce, City Clerk
Date: April 23, 2024
SUBJECT: DÍA DE LOS NIÑOS
A video highlighting the recent Día De Los Niños event will be presented.

To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: April 23, 2024
SUBJECT: EARTH MONTH
Since its inception in 1970, Earth Day has pioneered impactful movements that have resulted in the passage of several important environmental laws including the Clean Air Act and Clean Water Act, that have redefined environmental behaviors. Through educational and empowering programming, Earth Month endeavors to improve collective conscience regarding better resource stewardship, environmental, and social sustainability.

Guided by our city vision, mission, and values, the City’s Climate Action Plan (CAP) and the Urban Forest Management Plan (UFMP) honor our commitment to a sustainable future. As more trees are planted throughout our community, we target greenhouse gas emission reduction goals, and aid efforts to combat climate change, enhancing quality of life and beautifying our community.

Recognizing April as Earth Month honors our achievements and goals, while continuing to raise awareness for the need to protect natural resources for future generations.

VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization; establish priorities, uniformity, and guidelines; and provide the framework for policy decisionmaking. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No.4: Environmental Health.

To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: MARUKAN VINEGAR DONATION TO PARAMOUNT EDUCATION

PARTNERSHIP
Marukan Vinegar will present a donation of $25,000 to the Paramount Education Partnership Scholarship program as part of their 50th anniversary celebration.

To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: WORLD ENERGY DONATION TO TEPIC SISTER CITIES
World Energy will present a donation to Tepic Sister Cities in the amount of $5,000 for Easter Baskets as part of Tepic’s Dia del Niños event at Paramount Park.

To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: PARAMOUNT FC STATE CUP PRESIDENTS YOUNGERS CHAMPIONS (9U)
The Paramount Youth Soccer Organization (PYSO) recently competed in the Cal South State Cup soccer tournament. The PYSO Paramount FC 2015/9U team won the Presidents Youngers Division Championship.

At tonight’s meeting, the City Council will recognize the team and coach for their accomplishment.

To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: WEST COAST REBELS 6U AND 8U CHAMPIONSHIP FOOTBALL TEAMS
The West Coast Rebels youth football program recently competed in a local youth tackle football championship program with the Amateur Athletic Union (AAU). The 6U team won the AAU Superbowl Championship and the 8U team won the AAU NFC Championship and proceeded to win the cross-conference championship against the 8U team from the Orange County Junior All-American Football Conference.

At tonight’s meeting, the City Council will recognize the teams and coaches for their accomplishment.

To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: NATIONAL CHILD ABUSE PREVENTION MONTH
The City Council will proclaim April as National Child Abuse Prevention Month in the City of Paramount.

To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: NATIONAL LIBRARY WEEK
The City Council will proclaim National Library Week in the City of Paramount.

To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: ALCOHOL AWARENESS MONTH
The City Council will proclaim April as Alcohol Awareness Month in the City of Paramount.

To: Honorable City Council
From: John Moreno, City Manager
By: John Carver, Planning Director
Date: April 23, 2024
SUBJECT: NATIONAL FAIR HOUSING MONTH
The City Council will declare April 2024 Fair Housing Month in the City of Paramount.

City Council Public Comment Updates
April 23, 2024
From the April 9, 2024 City Council Meeting:

Commenter Request/Issue/Concern Action/Comment
Blanca Castaneda Expressed opposition to an
application for a liquor
license by Alas Kitchen &
Bar located at 15516
Paramount Blvd B, claiming
that the business is the
source of a variety of quality
of life nuisances that disturb
the residential neighbors
that live behind the
business.

The application submitted by Alas
Kitchen & Bar was scheduled to
be considered for approval by the
Planning Commission at its
meeting on May 1, 2024. Staff
from the Planning Department
spoke with Ms. Castaneda and
her neighbors prior to the April 9
City Council meeting and assured
them that they would be notified
of upcoming Planning
Commission meetings regarding
Alas Kitchen & Bar. Staff will
investigate the concerns shared
by Ms. Castaneda. Staff is also
recommending that the Planning
Commission remove the public
hearing from its agenda to afford
additional time to investigate. Ms.

Castaneda and three other
residential neighbors have been
informed that the Planning
Commission will likely follow
staff’s recommendation and
remove the item from the
calendar.

To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: April 23, 2024
SUBJECT: SUBSTATION ROOFING REPLACEMENT (CITY PROJECT NO. 9470)

BACKGROUND
Included in the Fiscal Year 2023-24 Capital Improvement Projects Budget is funding for replacement of the roofing material at the Substation facility. The existing roof at this building has been prone to leaks during the rainy season and has been patched multiple times. Additionally, due to its age, the roof has shown signs of significant wear as well as evidence of water damage. A sturdy and well-maintained roof is fundamental to the integrity and longevity of any structure and as such it is essential that this roof be replaced.

DISCUSSION
Award of Contract
On Thursday, March 7, 2024, the City published the Request for Proposals in the Paramount Journal and on the City’s website.

On Tuesday, April 9, 2024, the Director of Public Works opened and examined the bids for the Substation Roofing Replacement (City Project No. 9470). The bids were opened at 11:00 AM at City Hall. Two (2) bids were received and analyzed for completeness of the required documentation, addendums, computations, licensing, Department of Industrial Relations registrations, references check, bonding and Insurance requirements.

The bid contained the base replacement roof services as well as an additive for replacement of all the plywood, however we are recommending award of the project at the base bid only. Upon review of both proposals, the apparent low responsible and responsive bid was deemed to be Bishop, Inc. in the amount of $401,980.

Bids for this project ranged from $401,980 to $709,288 which exceeds the budgeted amount for this project. Staff attributes the increase in pricing, over the projected budget amount, to the fact that the cost of roofing materials has risen considerably since the City’s last roofing project.

Agenda Report April 23, 2024
SUBSTATION ROOFING REPLACEMENT Page 2
Project Cost
The following is a breakdown of estimated total project costs:

Project: $ 401,980.00
Contingency (10%): $ 40,198.00
Total: $ 442,178.00

FISCAL IMPACT
Funding for this project was included in the Fiscal Year 2023-24 Capital Improvement Project Budget utilizing Capital Projects Fund. The total project amount of $442,178 exceeds the already appropriated amount of $300,000. The additional $142,200 needed for this project will be funded using available Capital Projects funds.

VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 5: Attractive and WellMaintained Infrastructure - Develop and maintain City-owned infrastructure, parks, facilities, and amenities that enhance quality of life and the attractiveness of the community.

RECOMMENDED ACTION
1) Appropriate $142,200 using the Capital Project Fund; and 2) Award the contract for Substation Roofing Replacement (City Project No. 9470) to Bishop, Inc., Orange, California, in the amount of $401,980.00 and authorize the Mayor or her designee to execute the agreement.

SPC23-23 D-1

CITY OF PARAMOUNT

CONTRACT AGREEMENT
FOR

SUBSTATION ROOF REPLACEMENT
PROJECT NO. 9470
This contract agreement is made and entered into for the above-stated project this day of , 20 , by and between the City of Paramount, as
AGENCY and ,as Contractor.

WITNESSETH that AGENCY and Contractor have mutually agreed as follows:

ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this contract agreement and all required bonds, insurance certificates, permits, notices, and affidavits and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner.

All of the provisions of said Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, Contractor agrees to furnish all materials and perform all work required for the above-stated project and to fulfill all other obligations as set forth in the aforesaid contract documents.

ARTICLE III
Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work, suspension, or discontinuance of the work and all other unknowns or risks of any description connected with the work. 23rd
April 24
BISHOP INC.

SPC23-23 D-2

ARTICLE IV
AGENCY hereby promises and agrees to employ and does hereby employ, Contractor to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the contract documents.

ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.

ARTICLE VI
Contractor agrees to indemnify and hold harmless AGENCY and all of its officers and agents from any claims, demands, or causes of action including related expenses, attorney’s fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. In the event the insurance coverage is on a claims made basis the Contractor shall indemnify and hold harmless the AGENCY and all of its officers and agents from any and all claims, demands, or causes of action that arise after the expiration of the Contractor’s current policy or after the service contract has ended, for any occurrences arising out of or any way related to the work undertaken by the Contractor. The liability insurance coverage values shall be:

Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $1,500,000
Product/Completion Operations $1,500,000
Contractual General Liability $1,500,000
Comprehensive Automobile Liability $1,500,000
A combined single-limit policy with aggregate limits in the amount of $3,000,000 will be considered equivalent to the required minimum limits. The issuer shall be an “admitted surety insurer” duly authorized to transact business under the laws of the State of California.

Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the AGENCY.

SPC23-23 D-3
Insurance shall name the City of Paramount, its officers, agents, and employees as additional insured by endorsement of the Contractor’s policy. A copy of the endorsement, showing policy limits, shall be provided to the AGENCY on or before signing this contract.

ARTICLE VII
Contractor affirms that the signatures, titles, and seals set forth hereinafter the execution of this contract agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.

ARTICLE VIII

DELETED

ARTICLE IX
Records and Audits. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the AGENCY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the AGENCY or any authorized representative and will be retained for 5 years after the expiration of this Contract unless permission to destroy them is granted by the AGENCY.

ARTICLE X
False Claims and Debarment Procedures. The AGENCY hereby gives notice to Contractor that Chapter 34 of the Paramount Municipal Code dealing with false claims of contractors provides for an administrative debarment action for submitting a false claim subjecting Contractor to a potential five (5) year debarment upon finding that Contractor knowingly submitted a false claim as further set forth in Chapter 34. Failure to abide by the provisions of Chapter 34 may lead to a disqualification of the Contractor as an irresponsible bidder and resultant prohibition of Contractor, from bidding as a Contractor, Subcontractor or Consultant for a period up to five (5) years in the City of Paramount.

SPC23-23 D-4
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this ________ day of __________________, 20___.

Contractor:
(Signature)
Name and Title (Printed)
Contractor’s License No.

Agency Business License No.

Federal Tax Identification No.

Note: Contractor signature must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.

AGENCY:

Mayor of the City of Paramount
Attested:

City Clerk of the City of Paramount
Date
Approved
as to form:

City Attorney of the City of Paramount
Date
SPC23-23 D-5

FAITHFUL PERFORMANCE BOND
FOR

SUBSTATION ROOF REPLACEMENT
PROJECT NO. 9470
KNOW ALL MEN BY THESE PRESENTS that as
CONTRACTOR and ,
a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Paramount, as AGENCY, in the penal sum of
Dollars ($ ), which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Bidder and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

BIDDER: Name:

Address:

By:
(Signature)
Type Name and Title
SURETY: Name:

Address:

By:
(Signature)
Type Name and Title:

Note: This bond must be executed in duplicate and dated, all signatures must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.

SPC23-23 D-6

MATERIAL AND LABOR BOND
FOR

SUBSTATION ROOF REPLACEMENT
PROJECT NO. 9470
KNOW ALL MEN BY THESE PRESENTS that ___________________________, as CONTRACTOR, and __________________________________________________, a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Paramount, as AGENCY, in the penal sum of _______________________________________ Dollars ($_______________), which is 100 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

Dated:

BIDDER: Name:

Address:

By:
(Signature)
Type Name and Title
SURETY: Name:

Address:

By:
(Signature)
Type Name and Title:

To: Honorable City Council
From: John Moreno, City Manager
By: John Carver, Planning Director
Sol Bejarano, Management Analyst
Date: April 23, 2024
SUBJECT: AUTHORIZING THE APPLICATION AND AMENDING THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN FOR THE 2019

PROGRAM YEAR

BACKGROUND
On November 8, 2022, the City Council adopted Resolution No. 22:049, authorizing the application for the Permanent Local Housing Allocation (PLHA) program with the California Department of Housing and Community Development (HCD). The PLHA grant is funded by a $75 recording fee on real estate documents and provides funding to cities in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

The City is eligible for this housing-related grant in the amount of approximately $2,626,182 over a five-year period. The State awarded Paramount allocations for the first three annual program cycles: $438,197 for the 2019 program year, $681,094 for the 2020 program year, and $749,523 for the 2021 program year, totaling $1,868,814. The Agreement was executed on June 22, 2023.

DISCUSSION
Before disbursements of funds are made, HCD requires that local jurisdictions submit an annual application requesting their funding allocation for each program year along with supporting documents for review and approval. The City’s Five-Year PLHA plan describes the way allocated funds will be used for eligible activities. HCD gives the City the flexibility to amend the PLHA plan. Proposed changes greater than 10% to approved funding allocations or to proposed activities can be made to the PLHA plan with proper written notice to the community and approval by the City Council and HCD.

Approved PLHA Five-Year Plan
The City’s Five-Year PLHA plan for program years 2019-2023 allocated funds for administration (5%) and the following two eligible activities:
• Activity 1: The rehabilitation and preservation of multifamily rental housing (50% allocation); and
Agenda Report April 23, 2024
RESOLUTION NO. 24:008 Page 2
• Activity 6: Assisting persons who are experiencing or at risk of homelessness with rental assistance (45% allocation)
2019 Program Year PLHA Plan
Supporting documents and program guidelines for the City’s rental assistance program utilizing PLHA funding were drafted, and staff submitted its first Request for Funding to HCD in the amount of $207,048.08 (45% allocation - $197,188.65 for Activity 6, and $9,859.43 in administrative fees) in October of 2023. The deadline to submit a Request for Funding for the remaining 2019 program year allocation was March 1, 2024. 2019 Program Year PLHA Plan Amendment
Given the time sensitivity in submitting a Request for Funding for the remaining balance of $231,148.92 (50% allocation − $219,098.15 for Activity 1 and $12,050.42 in administrative fees) before the disbursement deadline, HCD agreed to allow the City the flexibility to move Activity 1 (multifamily rental housing) to Activity 6 (rental assistance) without requiring a public noticing period. This is an exception for the 2019 program allocation and does not apply for subsequent program years.

While waiving the public notice requirement for this proposed shift from activity types, HCD is requiring adoption of a resolution authorizing this amendment to the Five-Year PLHA Plan. The resolution formalizes the City’s commitment that 95% of the awarded PLHA 2019 allocation will be expended toward Activity 6 (rental assistance), as shown on the PLHA plan amendment form included as Exhibit A to the resolution. Upon adoption, the resolution will be submitted to HCD.

In preparation for this amendment, a Request for Funds (RFF) along with a Budget Revision form have already been submitted to HCD for the 2019 program year reflecting the amendment. The 2019 program year PLHA plan amendment reallocated funds by terminating the multifamily rental housing activity and replacing it with only the following activity:
• Activity 6: Assisting persons who are experiencing or at risk of homelessness with rental assistance (95% allocation)

FISCAL IMPACT
None. The Fiscal Year (FY) 2023-24 Adopted Budget already includes an appropriation of $438,197 from the restricted PLHA grant fund.

VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity, and guidelines; and provide the framework for policy decisionmaking. The Strategic Outcomes were implemented to provide a pathway to Agenda Report April 23, 2024
RESOLUTION NO. 24:008 Page 3
achieving the City’s Vision. This item aligns with Strategic Outcomes No. 1: Safe Community - Provide a safe place to live, work, and visit; and No. 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent, and collaborative manner.

RECOMMENDED ACTION
Read by title only and adopt Resolution No. 24:008, authorizing the application and amending the Permanent Local Housing Allocation (PLHA) plan for the 2019 program year; and authorizing the City Manager to execute the PLHA Program Application and other related documents to the PLHA program and submit all required documents and agreements to amend the PLHA plan for the 2019 program year in compliance with HCD regulations.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PARAMOUNT SETTING FORTH ITS FINDINGS OF FACT AND

AUTHORIZING THE APPLICATION AND AMENDING THE

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN
FOR THE 2019 PROGRAM YEAR
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)):
and
WHEREAS the Department issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS the City of Paramount (“City”) is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS the City has an approved Contract No. 22-PLHA-17822 for the 2019- 2023 Allocations with the Department that needs to be amended; and WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:

SECTION 1. The above recitations are true and correct.

SECTION 2. The City Council finds that it has conducted all the proceedings necessary, including hearings, and in compliance with State Law and the Code of the City of Paramount.

SECTION 3. The City Council reasonably finds that the evidence presented does justify the granting of this amendment to the Five-Year Plan application with the following conditions of approval:

RESOLUTION NO. 24:008

Page 2 ends

1. If City receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, that Applicant represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations ($2,629,182) as stated in Appendix C of the current NOFA, in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan Amendment for the 2019-2023 Allocations is attached to this Resolution as Exhibit A, attached hereto and incorporated herein by reference, and Applicant hereby adopts this PLHA Plan Amendment and certifies compliance with all requirements in accordance with the Guidelines.

5. Pursuant to Applicant’s certification in this Resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

6. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C).

7. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

RESOLUTION NO. 24:008

Page 3 ends

8. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

9. The City Manager of the City is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

SECTION 4. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 24th day of April 2024.

Annette C. Delgadillo, Mayor
ATTEST:

Heidi Luce, City Clerk
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The Plan is consistent with the following program identified in the City's Certified Housing Element: Program 12's Homeless Plan states, "Pursuit of funding grants and other financial support to implement the Plan to Prevent and Combat Homelessness."
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderateincome households, including necessary Operating subsidies. §302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City intends to use 95% of their PLHA allocation of the 2019 program year to provide specialty navigation services to those experiencing homelessness or are at risk of homelessness and determine appropriate resources, such as shelter, living expenses, move-in assistance, etc. The City through Kingdom Causes of Bellflower, a local non-profit organization that provides services to individuals and families who are homeless or are at risk of experiencing homelessness. The rental assistance program expects to assist a min. of 16-20 families through rental and utility assistance. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City's PLHA funds for the 2019 program year will focus on households or individuals earning 30% of AMI or less.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

PLHA Page 1 302(c)(4) Plan

To: Honorable City Council
From: John Moreno, City Manager
By: Heidi Luce, City Clerk
Date: April 23, 2024
SUBJECT: AMENDING ORDINANCE NO. 178 (THE COMPREHENSIVE ZONING ORDINANCE), APPROVING ZONE CHANGE NO. 247, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF PARAMOUNT FROM M-1
(LIGHT MANUFACTURING) TO R-M (MULTIPLE-FAMILY RESIDENTIAL) ON THE WEST SIDE OF VERMONT AVENUE FROM 15943 TO 15953

VERMONT AVENUE IN THE CITY OF PARAMOUNT FOR

CONSISTENCY WITH THE GENERAL PLAN LAND USE DESIGNATION

OF MULTIPLE-FAMILY RESIDENTIAL

BACKGROUND
The City Council, at its regularly scheduled meeting on April 9, 2024, introduced Ordinance No. 1185 and placed it on the April 23, 2024, agenda for adoption.

ORDINANCE NO. 1185
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PARAMOUNT, AMENDING ORDINANCE NO. 178
(THE COMPREHENSIVE ZONING ORDINANCE), APPROVING
ZONE CHANGE NO. 247, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF PARAMOUNT FROM M-1 (LIGHT MANUFACTURING) TO

R-M (MULTIPLE-FAMILY RESIDENTIAL) ON THE WEST SIDE OF
VERMONT AVENUE FROM 15943 TO 15953 VERMONT AVENUE IN

THE CITY OF PARAMOUNT FOR CONSISTENCY WITH THE GENERAL
PLAN LAND USE DESIGNATION OF MULTIPLE-FAMILY RESIDENTIAL”

DISCUSSION
Ordinance No. 1185, as shown above, is presented for adoption at tonight’s meeting.

The agenda report from the April 9, 2024, meeting is attached for reference.

FISCAL IMPACT
None.

Agenda Report April 23, 2024
ORDINANCE NO. 1185 Page 2

RECOMMENDED ACTION
Read by title only, waive further reading, and adopt Ordinance No. 1185.

9. ORDINANCE ORDINANCE NO. 1185/ZONE CHANGE NO. 247
CHANGING THE OFFICIAL ZONING MAP FROM M-1 (LIGHT

MANUFACTURING) TO R-M (MULTIPLE-FAMILY

RESIDENTIAL) ON THE WEST SIDE OF VERMONT
AVENUE FROM 15943 TO 15953 VERMONT AVENUE FOR

CONSISTENCY WITH THE GENERAL PLAN LAND USE

DESIGNATION OF MULTIPLE-FAMILY RESIDENTIAL
Recommended Action: Conduct the public hearing, then read by title only, waive further reading, introduce Ordinance No. 1185, and place it on the April 23, 2024 agenda for adoption.

To: Honorable City Council
From: John Moreno, City Manager
By: John Carver, Planning Director
Ivan Reyes, Associate Planner
Date: April 9, 2024
SUBJECT: ORDINANCE NO. 1185/ZONE CHANGE NO. 247
CHANGING THE OFFICIAL ZONING MAP FROM M-1 (LIGHT

MANUFACTURING) TO R-M (MULTIPLE-FAMILY RESIDENTIAL) ON
THE WEST SIDE OF VERMONT AVENUE FROM 15943 TO 15953

VERMONT AVENUE FOR CONSISTENCY WITH THE GENERAL PLAN

LAND USE DESIGNATION OF MULTIPLE-FAMILY RESIDENTIAL

BACKGROUND
This item is a request for the City Council to adopt Ordinance No. 1185, approving Zone Change No. 247, changing the official zoning map from M-1 (Light Manufacturing) to RM (Multiple-Family Residential) on the west side of Vermont Avenue from 15943 to 15953 Vermont Avenue. This zone change would bring consistency with the General Plan Land Use Designation of Multiple-Family Residential. The draft ordinance is included as Exhibit A.

The three properties at 15943 Vermont Avenue, 15947 Vermont Avenue, and 15953 Vermont Avenue each contain a single-family detached home and detached garage. The building on the northwest corner of Vermont Avenue and Monroe Street is a warehouse.

This property will not be part of the zone change and will remain an industrial use. The other properties on this block of Vermont Avenue are all residential with a mix of residential densities. There are no plans to redevelop these properties.

On March 6, 2024, the Planning Commission reviewed the zone change proposal and recommended approval.

DISCUSSION
The City is taking the initiative to change the zoning classification for the properties on the west side of Vermont Avenue from 15943 Vermont Avenue to 15953 Vermont Avenue. The R-M (Multiple-Family Residential) zone will allow for this block to be in conformity to the General Plan Land Use Designation and the surrounding neighborhood which for decades has contained a mix of residential densities along Vermont Avenue.

Agenda Report April 9, 2024
ORDINANCE NO. 1185 Page 2
In addition to ensuring the Zoning Map matches the General Plan Land Use Map as updated in 2007, changing the zone ensures neighborhood quality of life. In response to high and unhealthful levels of hexavalent chromium detected in 2016 and 2017, the City took a multipronged approach to curtailing these emissions. One such action pursued by the City Council involved reclassifying zones to improve the relationship between residential and business areas. For example, the City Council rezoned a manufacturing area near Home Depot (6500-6510 Alondra Boulevard) to residential, thereby eliminating the possibility for future industrial uses in that neighborhood.

The change on the Zoning Map from M-1 to R-M for these three properties on Vermont Avenue will similarly ensure that industrial development such as a manufacturing business or warehouse will not be possible in this established residential neighborhood.

Photos
The following is an aerial photo indicating the project area.

Agenda Report April 9, 2024
ORDINANCE NO. 1185 Page 3
The following are photos of each of the three properties that would be rezoned. 15953 Vermont Ave. 15947 Vermont Ave. 15943 Vermont Ave.

Public Comment
During the public hearing portion of the March 6th Planning Commission meeting, staff read an email received from Jon Tanklage, President, GM of Marukan Vinegar (U.S.A), Inc. in opposition to the request. Marukan Vinegar, which manufactures and stores rice vinegar, is located at 7755 Monroe Street. This address is to the west of the alley at the rear of the subject properties on Vermont Avenue. Marukan Vinegar is concerned that the proposed zone change could prevent business from operating the facility in the future.

However, while Code Enforcement records indicate six neighborhood complaints for noise and odor between 2005 and 2011, there have been no substantiated complaints received by the City for the 13 years since that time. Moreover, the subject properties on Vermont Avenue have been residential for over 80 years and have coexisted with Marukan Vinegar since Marukan moved to this location in 1974. As such, there is no reason to believe changing the zone will impact Marukan Vinegar’s business operations.

Staff recently met with Mr. Tanklage and assured him that there will not be any impact to the adjacent manufacturing zone as a result of this zone change. Mr. Tanklage was satisfied with staff’s assurances and is no longer expressing opposition to this zone change.

Analysis
Upon approval of this item, the proposed zone will be consistent with the General Plan Land Use Designation of Multiple-Family Residential, which allows for single-family detached residential development as well as multiple-family residential. Given the existing R-M-zoned properties to the north and east of the subject site along Vermont Avenue, the project will not be out of character with the surrounding zoning and the Paramount General Plan.

In the current housing affordability crisis, State policymakers strongly encourage cities, especially fully developed cities, to conserve the existing housing stock and expand where reasonable. As Paramount is a “built-out” city of modest size with no area to Agenda Report April 9, 2024
ORDINANCE NO. 1185 Page 4
expand outward, strategically maintaining areas for residential uses, even small-scale residential development such as accessory dwelling units (ADUs), meets the intent of State law.

Considering the harmonious coexistence of residents of the subject properties with the adjacent businesses, the properties will integrate well with the surrounding neighborhood.

Finally, the zone change will ease the process for residents of the three properties for refinancing and obtaining other loans.

Environmental Assessment
This project is exempt from the provisions of the California Environmental Quality Act per Section 15061(b)(3) – general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

FISCAL IMPACT
None.

The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 1: Safe Community - Provide a safe place to live, work, and visit.

RECOMMENDED ACTION
Conduct the public hearing, then read by title only, waive further reading, introduce Ordinance No. 1185, and place it on the April 23, 2024 agenda for adoption.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO. 1185

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PARAMOUNT, AMENDING ORDINANCE NO. 178 (THE

COMPREHENSIVE ZONING ORDINANCE), APPROVING ZONE
CHANGE NO. 247, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF PARAMOUNT FROM M-1 (LIGHT MANUFACTURING) TO R-M (MULTIPLE-FAMILY RESIDENTIAL) ON THE WEST SIDE OF VERMONT AVENUE FROM 15943 TO 15953 VERMONT AVENUE IN THE CITY OF

PARAMOUNT FOR CONSISTENCY WITH THE GENERAL PLAN LAND

USE DESIGNATION OF MULTIPLE-FAMILY RESIDENTIAL
WHEREAS, the Zoning Ordinance of the City of Paramount, including the Zoning Map, was adopted by Ordinance No. 178 on February 20, 1962 by the City Council; and WHEREAS, the City Council determines that upon applying the principles and practices of land use planning, adoption of this Ordinance No. 1185, approving Zone Change No. 247, should be made to encourage activity that will produce a desirable pattern of growth, encourage the most appropriate use of land, enhance the value of property and promote the health, safety, and general welfare of the public in the best interests of the City ; and
WHEREAS, the City Council finds that the proposed Zone Change No. 247 is consistent with desirable land use trends; and

THE CITY COUNCIL OF THE CITY OF PARAMOUNT DOES HEREBY ORDAIN AS FOLLOWS:

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

A. California Constitution Article XI, Section 7, enables the City of Paramount (“the City”) to enact local planning and land use regulations; and B. The authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; and C. The City desires to ensure that development occurs in a prudently effective manner, consistent with the goals and objectives of the General Plan as updated and adopted by the City Council on August 7, 2007 and reasonable land use planning principles; and
ORDINANCE NO. 1185

Page 2 ends

D. The Planning Commission held a duly noticed public hearing on March 6, 2024 at which time it considered all evidence presented, both written and oral, and at the end of the hearing voted to adopt Resolution No. PC 24:008, recommending that the City Council adopt this Ordinance; and E. The City Council held a duly noticed public hearing on this Ordinance on April 9, 2024, at which time it considered all evidence presented, both written and oral.

SECTION 2. The Recitals set forth hereinabove are true and correct and incorporated herein by reference as if fully set forth herein.

SECTION 3. The official Zoning Map of the City of Paramount adopted by Ordinance No. 178 on February 20, 1962 is amended as shown on the map attached hereto, marked “Exhibit A”, to be zoned R-M (Multiple-Family Residential). Said change shall be made on the official Zoning Map of the City of Paramount.

SECTION 4. California Environmental Quality Act (CEQA). This ordinance is exempt from CEQA pursuant to exempt from the provisions of the California Environmental Quality Act per Section 15061(b)(3) – general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase in this ordinance or the application thereof to any person or circumstance is for any reason held invalid, the validity of the remainder of the ordinance or the application of such provision to other persons or circumstances shall be adopted thereby. The City Council hereby declares it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

SECTION 6. Effective Date. This Ordinance shall take effect thirty days after its adoption, shall be certified as to its adoption by the City Clerk, and shall be published as required by law, together with the names and members of the City Council voting for and against the Ordinance.

ORDINANCE NO. 1185

Page 3 ends

PASSED, APPROVED and ADOPTED by the City Council of the City of Paramount this 23rd day of April 2024.

Mayor
ATTEST:

Heidi Luce, City Clerk
https://paramountcity1957.sharepoint.com/sites/Planning/Shared Documents/PLANNINGDIV/IVANREYES/reports 2024/cc/zc247/ord1185_zc247cc.docx Ordinance No. 1185/Zone Change No. 247
Existing Zoning
PD-PS (Planned Development with Performance Standards) Colorado Ave. Vermont Ave.

Alondra Blvd.

M-1 (Light Manufacturing)
Monroe St.

M-2 (Heavy Manufacturing)
C-3 (General Commercial)
R-M (Multiple-Family Residential)

SUBJECT
SITE
15943-15953 Vermont Avenue
Ordinance No. 1185/Zone Change No. 247
Proposed Zoning
PD-PS (Planned Development with Performance Standards) Colorado Ave. Vermont Ave.

Alondra Blvd.

M-1 (Light Manufacturing)
Monroe St.

M-2 (Heavy Manufacturing)
C-3 (General Commercial)
R-M (Multiple-Family Residential)

SUBJECT
SITE
15943-15953 Vermont Avenue
Ordinance No. 1185/Zone Change No. 247
Land Use
15943-15953 Vermont Avenue
Multiple-Family Residential
Colorado Ave.

Vermont Ave.

Alondra Blvd.

Single-Family Residential
Monroe St.

SUBJECT
SITE
Light Manufacturing
General Commercial
Ordinance No. 1185/Zone Change No. 247
Existing General Plan Land Use Designation
15943-15953 Vermont Avenue
Multiple-Family Residential
Colorado Ave.

Vermont Ave.

Alondra Blvd.

Central Business District
Monroe St.

SUBJECT
SITE
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: April 23, 2024
SUBJECT: AUTHORIZATION TO PURCHASE A FORKLIFT

BACKGROUND
Forklifts are used extensively by the Public Works Department to facilitate the handling of day-to-day materials and equipment distribution to work crews. They are needed specifically to load and unload large, heavy, and bulky items for special events and other daily activities. Select Equipment Sales, Inc., which has been in business for over 50 years, is an approved sales dealer through Hyundai, who has been awarded a SourceWell Contract for forklifts and material handling equipment. SourceWell is a cooperative purchasing organization that secures competitively solicited contracts for a variety of goods and services nationwide.

DISCUSSION
To continue to provide quality services for our Citywide events and daily activities, staff is recommending approval for the purchase of a 7,000LB capacity forklift. This forklift will replace an older piece of equipment that often breaks down and is past its useful life. The City’s purchasing policy, Section 3.12.070, contains a provision that encourages working with other governmental jurisdictions or purchasing agents on the procurement of City goods and services required. The use of these purchasing alliances, as opposed to the formal bid process, saves time and resources, while assuring City purchasing requirements are met. The City is signatory to SourceWell and, as a result, staff is recommending the use of SourceWell to procure the forklift.

The following is a breakdown of estimated total procurement cost:

Project: $ 55,801.90
Contingency (10%): $ 5,580.19
Total: $ 61,382.09

FISCAL IMPACT
There is no additional fiscal impact to the City. The total purchase amount of $61,400 is below the budgeted amount of $75,000.

Agenda Report April 23, 2024
AUTHORIZATION TO PURCHASE A FORKLIFT Page 2

RECOMMENDED ACTION
Authorize the purchase of a forklift in the amount of $55,801.90 from Select Equipment Sales, Inc., Buena Park, CA.

QUOTATION
Select Equipment Sales, Inc.

Buena Park Santa Ana Ontario Bakersfield
1-800-788-7869 www.selectequipment.com Page 1 of 5
Engine:

Kubota V3307 engine: 67PS @ 2,300rpm, EPA / CARB Tier IV Final Compliant Powertrain:

Single speed transmission
Wet disc brakes
Pneumatic Drive Tires and Steer Tires
Hydraulic system:

Power steering
3rd spool valve and lever
Levers on bonnet
Adjustable steering handle angle
Electrical system:

5.4" LCD monitor with Load weight indicator
Back up alarm
OPSS
Speed limit
Anti roll-back
Auto parking brake
LED Front lights
LED Rear combination lights
Rear handle with horn switch (N/A with Cab)
OHG and Others:
85" height OHG
Panoramic rear view mirror
Grammer full suspension seat with orange seat belt
Category Detail
Mast 3 Stage Full Free LH 185" OALH 86"
Attachment Hook Type Side Shifting Fork Positioner, Synchronized Carriage 43.4" Hook Carriage with Backrest
Forks 59.0" x 1.8" x 4.8"

PREPARED FOR REFERENCE
Attention: Celina Sanchez
City Of Paramount
16400 Colorado Ave
Paramount , CA 90723
562-220-2158
Date: 4/1/2024
*Due to current fluctuations in the market with supply
chain issues all prices subject to change without notice.

Quotation: JB 00013
Prepared By: Julio Bonilla
Direct Phone:

Email:

HYUNDAI 35DA-9 7,000 LB. CAPACITY - 1-SPEED WITH KUBOTA ENGINE, IC PNEUMATIC

TIRE FORKLIFT

STANDARD EQUIPMENT

CONFIGURED OPTIONS
Select Equipment Sales, Inc.

Buena Park Santa Ana Ontario Bakersfield
1-800-788-7869 www.selectequipment.com Page 2 of 5
Hydraulic Hosing Internal Hosing for 4th Valve
Hydraulic Control Valve 4th Spool Valve with Lever
Hydraulic Levers Without Hydraulic Finger Tip Control
Overhead Guard 85" High
Side Cover Plastic
Tires Single Pneumatic Drive Tires
Warning Device Light Amber LED Strobe
Floor Spot Light Rear Blue Spot
Hi-Mate Telematics Without Hi-Mate System
Paint Without Special Color
Warranty 36 Months / 4,000 hours Standard Warranty
Total Sale Price per Each Unit: $ 41,171.90
Quantity (1) Total Price : $ 41,171.90
Estimated Lead Time: May-June 2024
Estimated lead times are subject to change at any time.

Configured Accessory Options:

Hydraulic Accumulator
Under Cover - Chassis
Other Equipment & Accessories
Air Tires $ 3,300.00
Prep & Delivery $ 1,320.00
60" Forks $ 1,980.00
SSFP $ 4,180.00
Factory Shipping $ 3,850.00
OSHA requires employers to train all lift operators in your employment. Please contact the training manager to help you for all your training requirements.

Total Sale Price per Each Unit: $ 55,801.90
Quantity (1) Total Price : $ 55,801.90
Estimated Lead Time: May-June 2024
Estimated lead times are subject to change at any time. 10% Down payment required on signed acceptance or within 5 days of signing.

TAX NOT INCLUDED. PRICE INCLUDES FREIGHT, DEALER PREP, LOCAL DELIVERY

INVESTMENT SUMMARY
Select Equipment Sales, Inc.

Buena Park Santa Ana Ontario Bakersfield
1-800-788-7869 www.selectequipment.com Page 3 of 5
Finance Options:

Fair Market Value Lease Option, 60 months - (0 – 2000 Hrs/yr) - $917.00/mo. + Tax ea.

Lessee my purchase the equipment at the end of the lease period at the fair market value.

Full Payout Lease Option ($1 option), 60 months - (0 – 2000 Hrs/yr) $1,111.00/mo. + Tax ea.

Lessee will own the equipment at the end of the lease period. *All rates and quotations subject to credit approval and lease terms and conditions. A down payment may be required. $175 doc fee not included.

Interest Rates are subject to change based on current market at delivery.

City Of Paramount Select Equipment
Authorized agent understands and agrees to the Terms and Conditions as included with this Quote

TERMS FOR ACCEPTANCE OF PROPOSAL AND ATTACHMENTS
The proposal in this quote is property of Select Equipment Sales, Inc. and is confidential and proprietary. Unauthorized disclosure could be harmful to Select Equipment Sales, Inc. and by acceptance, prospective buyer agrees not to publish, copy or reproduce the contents without the express written consent of Select Equipment Sales, Inc.. Customer agrees not use such information for any other purpose than for the consideration of a Select Equipment Sales, Inc. supplied machine(s) and will return any or all information contained herein to Select Equipment Sales, Inc. upon request. This proposal becomes binding and non-cancellable at ten (10) days from the date of acceptance. Cancellation- All cancellations must be confirmed in writing within the ten (10) day cancellation period. Payment- Payment for goods or services provided by Select Equipment Sales, Inc. shall be considered due and payable in full by the date of delivery. Attorneys Fees-In the event that any suit or action is instituted to enforce any provision of this Agreement, Select Equipment Sales, Inc. shall be entitled to recover the costs and expenses of enforcing any rights under this Agreement, including without limitation, such reasonable attorney’s fees and expenses.

Authorized Agent Signature
Date Signed
Printed Name
Title/Position
Customer Purchase Order Number
Authorized Agent Signature
Date Signed
Julio Bonilla
Printed Name
Title/Position
Please consult with your accountant, tax professional or equivalent to confirm characterization of equipment and tax implications. Other financing options and terms may be available (including financing sales tax). Please consult with your product specialist representative for additional financing options.
□

ACCEPTANCE AS CONTRACT OF SALE

AVAILABLE MAINTENANCE PROGRAMS
Select Equipment Sales, Inc.

Buena Park Santa Ana Ontario Bakersfield
1-800-788-7869 www.selectequipment.com Page 4 of 5
□
□ TM&R – TOTAL MAINTENANCE & REPAIR Initial _____
QTY: Electric / Internal Combustion (0 – 2000Hrs/yr) $325.00/ ea.

Assumes Normal/Clean operation. Subject to Application Survey. □ PM – PLANNED MAINTENANCE STANDARD SERVICE Initial _____ QTY: Electric / Internal Combustion (0 – 2000Hrs/yr) $150.00/mo. ea.

Assumes Normal/Clean operation. Subject to Application Survey.

You May Also Need:
 New WLX45S Electric Pallet Jack $5,500.00 ea.

LIMITED TIME OFFER
 New Linde Manual Pallet Jack 5,500 lb. capacity $ 499.00 ea.  Battery Watering System $ 450.00 ea.
 Flowrite Water Tank with Pump $275.00 ea.
 Operator Safety Training $125.00 per student
We also buy: used forklifts, used batteries and chargers, dock equipment, yard ramps and pallet rack.

Select Equipment Sales, Inc.

Buena Park Santa Ana Ontario Bakersfield
1-800-788-7869 www.selectequipment.com Page 5 of 5
Thank you for your business!
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Solicitation Number: 091520

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Hyundai Construction Equipment Americas, Inc., 6100 Atlantic Blvd., Norcross, GA 30071 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires October 26, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in

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Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

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Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

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A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

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B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order.

D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.

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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused

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by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and

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promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

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17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

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D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

091520-HCE
Rev. 2/2020 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

091520-HCE
Rev. 2/2020 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Hyundai Construction Equipment Americas,
Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Chuck Leone
Title: Director of Operations &
Procurement/CPO
Title: Executive Vice President & COO
Date: ________________________
Date: ________________________
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

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Bid Number: RFP 091520 Vendor Name: Hyundai Construction Equipment Americas, Inc.

Sourcewell Contract # 091520-HCE | Amendment #1

Page 1 of 1 ends

AMENDMENT #1
TO
CONTRACT # 091520-HCE
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Hyundai Construction Equipment Americas, Inc., now known as HD Hyundai Construction Equipment North America Inc. (Vendor).

Sourcewell awarded a contract to Vendor to provide Forklifts and Lift Trucks with Related Services to Sourcewell and its Participating Entities, effective October 28, 2020, through October 26, 2024 (Contract).

Effective October 28, 2020, Hyundai Construction Equipment Americas, Inc.’s name changed to “HD Hyundai Construction Equipment North America Inc.” As of the date of this Amendment, all references to “Hyundai Construction Equipment Americas, Inc.” in Contract # 091520-HCE will be replaced with “HD Hyundai Construction Equipment North America Inc.” Except as amended, the Contract remains in full force and effect.

Sourcewell HD Hyundai Construction Equipment
North America Inc.

By: By:

Jeremy Schwartz, Chief Procurement Officer Paul Bilson
Date: Title:

Approved: Date:

By:

Chad Coauette, Executive Director/CEO
Date:

DocuSign Envelope ID: 0258A76B-90DC-460F-847B-26EA2807C7EC 10/4/2023 | 12:07 PM CDT
10/4/2023 | 2:09 PM CDT Director Dealer Development & National Accounts 10/4/2023 | 4:09 PM CDT
To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: AUTHORIZATION TO INCREASE THE DESIGN ENGINEERING

BUDGET FOR PROGRESS PARK EXTERIOR IMPROVEMENTS
(CITY PROJECT NO. 9352)

BACKGROUND
On January 24, 2023, the City Council approved the design engineering budget for Studio One Eleven for the exterior renovations for Progress Plaza. After the originally approved design work was approved in the agreement, it was determined that additional details and design work are required for the structural outdoor canopies that were not in the original scope of work. Additionally, Studio One Eleven was requested to prepare the bid manual that was not specified in the original scope of work.

DISCUSSION
Approval of this additional work will allow the design engineering to proceed and include the specifications in the bid manual for the construction of two outdoor canopies that will be in different locations at Progress Plaza. Studio One Eleven has provided a fee proposal increase in the amount of $9,500 to provide these additional services.

FISCAL IMPACT
The additional design engineering costs are not included in the FY 2023-24 Capital Improvements Projects Budget. Staff is requesting an additional allocation of $9,500 to be included in the FY 2023-24 Capital Improvements Projects Budget.

Agenda Report April 23, 2024
AUTHORIZATION FOR DESIGN BUDGET INCREASE Page 2

RECOMMENDED ACTION
1) Appropriate $9,500 from the Capital Project Fund for this project using available General Fund balance; and 2) Approve the Additional Services Fee Proposal with Studio One-Eleven in the amount of $9,500 for additional construction design services for the Progress Park Exterior Improvements (City Project No. 9352).

March 8, 2024
David Johnson
Community Services Director
City of Paramount
16400 Colorado Ave., Paramount, CA 90723
[email protected]
RE: Additional Services Fee Proposal
Progress Park Community Building - Exterior Spaces Renovation 15500 Downey Avenue
Paramount, CA 90723
S111 Project# 22197
Dear David:

Studio One Eleven will perform the following requested service(s) beyond the scope of the Original contract/Agreement dated January 24, 2023. All terms and conditions remain the same as per the original contract/Agreement.

Scope of Work
 Contract and coordinate with consultant structural engineer to provide:
o attachment details for prefabricated canopy to existing bldg. structure o details for prefabricated canopy and structural calculations  Revise bid specs to include basis of design / non-proprietary information.  Revise bid item lists to include new structural information.  Generate the bid spec book (the original proposal was written with the assumption that the City would prepare the bid manual – current projects with the City of Paramount have requested that S111 prepare the manual for the project. We would therefore do so accordingly for this project)
Fee Summary – Fixed Fee
Additional Design Services $9,500
Sincerely,
Kirk Keller, ASLA, CLARB, LEED AP
Principal
Studio One Eleven
California Registered Landscape Architect #6121
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: April 23, 2024
SUBJECT: AMENDMENT NO. 1 TO THE AGREEMENT WITH MICHAEL BAKER

INTERNATIONAL FOR LANDSCAPE DESIGN SERVICES FOR MEDIAN
ENHANCEMENTS (CITY PROJECT NO. 9453)

BACKGROUND
The City of Paramount takes pride in the landscaped medians located on our major boulevards throughout the city. These medians, installed in the early 90’s, were planted with lush grass turf, star jasmine plants, and pine trees. In January 2014, then Governor Jerry Brown issued an executive order that called for California to reduce water usage.

This order came with several requirements for cities, including one that banned the use of potable water to irrigate turf on City medians. In an effort to remediate, as turf in these medians began to turn brown, the City began removing grass and replacing it with drought tolerant plants. During Fiscal Year 2023-24 Budget discussions, the City Council directed staff to look into additional enhancements to the medians.

At its meeting on October 10, 2023 City Council approved a contract with Michael Baker for landscape design services to provide conceptual designs for Median Enhancements (City Project No. 9453). At the same meeting, City Council established an ad hoc committee of two councilmembers, city staff, and the design team.

DISCUSSION
The Ad Hoc committee for the Median Enhancement project has been meeting regularly.

After discussions, it was determined that additional design services are required to create more conceptual designs. Michael Baker submitted the attached proposal for these services. The proposal includes additional necessary meetings, and concept plans.

The following is a breakdown of the updated estimated total monthly costs:

Original Contract: $ 43,750.00
Amendment No. 1: $ 14,175.00
Total: $ 57,925.00
Agenda Report April 23, 2024
AMENDMENT TO AGREEMENT Page 2

FISCAL IMPACT
The total updated amount of $57,925 per month exceeds the $44,000 currently budgeted in the FY2023-24 Capital Improvement Project Budget. The additional $14,200 needed to complete the design will be funded using available Measure R Funds.

VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.

RECOMMENDED ACTION
1) Appropriate an additional $14,200 from the available Measure R Funds, and; 2) Approve Amendment No. 1 to the agreement with Michael Baker International for landscape design services for Median Enhancements (City Project No. 9453) and authorize the Mayor or her designee to execute the agreement. -1-

FIRST AMENDMENT TO THE AGREEMENT WITH MICHAEL BAKER INTERNATIONAL

FOR LANDSCAPE DESIGN SERVICES

THIS FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE DESIGN SERVICES (“AMENDMENT”) is made and entered into this 23rd day of April 2024 between the City of Paramount, a municipal corporation in Los Angeles County, California, (hereinafter "CITY") and Michael Baker International, a landscape design services company, with its primary office located at 5 Hutton Center Drive, Suite 550, Santa Ana, CA 92707 (hereinafter "CONTRACTOR") (collectively, "the Parties"), and amends that certain agreement between CONTRACTOR and CITY approved by the City Council on October 10, 2023 (“AGREEMENT”).

RECITALS
WHEREAS, CITY and CONTRACTOR entered into an Agreement on October 10, 2023, whereby CONTRACTOR would provide Adopt-A-Highway services for CITY; and WHEREAS, CITY and CONTRACTOR each desire to amend the scope of services, compensation and term of said Agreement.

NOW, THEREFORE, BE IT AMENDED BY AND BETWEEN THE PARTIES AS FOLLOWS:

2. COMPENSATION
(a) Is hereby amended so that CITY agrees to pay CONTRACTOR an additional $14,175 in full compensation for all additional services performed as outlined in Exhibit B. CITY agrees to reimburse CONTRACTOR for pre-approved expenses in an amount not to exceed $57,925.

IN WITNESS HEREOF, the CITY and CONTRACTOR have executed this AGREEMENT as of the date first herein above set forth.

CITY OF PARAMOUNT MICHAEL BAKER INTERNATIONAL
By: By:

Annette C. Delgadillo, Mayor Richard Beck, Vice President ATTEST:
-2-
By:

Heidi Luce, City Clerk
APPROVED AS TO FORM:

By:

John E. Cavanaugh, City Attorney
-3-

EXHIBIT B
-4-
-5-
-6-
-7-

To: Honorable City Council
From: John Moreno, City Manager
By: Kim Sao, Finance Director
Date: April 23, 2024
SUBJECT: AUTHORIZATION TO ADD A NEW CAPITAL IMPROVEMENT PROJECT TO THE FISCAL YEAR 2023-24 BUDGET – ADVANCED METER
INFRASTRUCTURE (CITY PROJECT NO. 9414)

BACKGROUND
On March 28, 2023, the City Council approved a Contingent Design and Engineering Services agreement with Willdan Energy Solutions (WES). This approval authorized the City to initiate a comprehensive energy efficiency analysis, involving multiple tasks at various City sites and buildings. In November of this year, WES provided two presentations with the outcomes of the analysis and recommendations for projects that not only cut energy costs for the City, but also align with the objectives outlined in the City’s Climate Action Plan (CAP). The projects presented included the installation of Advanced Metering Infrastructure (AMI) water meters citywide, solar photovoltaic systems at Paramount Park and City Yard, and an Electric Vehicle Quick Charger installation at the City Yard.

At its meeting on December 12, 2023, the City Council adopted Resolution No. 23:037 approving an Agreement with Willdan Energy Solutions (WES) for implementation of the projects. Additionally, Resolution No. 23:038 was approved which authorized the City to enter into a 20-year term Equipment Lease/Purchase Agreement (the “Lease Agreement”) with Banc of America Public Capital Corp. (“BAPCC”) to provide funds to finance the AMI meter portion of the improvements to be constructed by Willdan Energy Solutions and to memorialize the Enterprise Fund to pay or reimburse the City for all costs advanced by the General Fund.

The action approved at the December 12, 2023 meeting did not include a formal addition of this project to the City’s Capital Improvement Project Budget and the appropriation of the funds for FY 2024-25 as required in our Budget Policy. Consequently, this is an administrative clean up item to document this addition and this appropriation in order to memorialize the City Council’s previous authorization, as is needed for our annual audit.

Agenda Report April 23, 2024
ADVANCED METER INFRASTRUCTURE Page 2

DISCUSSION
The lease agreement with BAPCC provides $11,236,354 to fund the water meter project.

The first payment to repay the debt to BAPCC will be due in December 2024. The annual debt service payment of approximately $896,984 includes principal and interest at an interest rate of 4.859% and will mature 20 years later on December 1, 2043.

The project began in March of this year and is expected to be completed by December of this year. The City will make progress payments to Willdan using the loan proceeds that are deposited in an escrow account with Wilmington Trust. To properly utilize this fund, we request that the City Council appropriate these funds for the AMI project.

FISCAL IMPACT
The cost of the AMI project is $11,236,354, which includes $62,000 in financing fees and $11,174,354 for the purchase and installation of the water meters funded by an equipment lease/purchase agreement with BAPCC.

VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 3: Economic Health - Support a healthy, sustainable economy reflecting community values. 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.

RECOMMENDED ACTION
1) Authorize a new Capital Improvement Project - Advanced Metering Infrastructure (City Project No. 9414); and 2) Appropriate $11,236,354 funded by a lease agreement with Banc of America Public Capital Corp.

PROGRAM YEARS

Earlier this evening, the City Council reviewed a proposed amendment to the 2019 program year PLHA plan (Resolution No. 24:008). City Council approval of this proposed change would reallocate 95% of the program year funds from the rehabilitation and preservation of multifamily rental housing (called “Activity 1” by HCD) to the assistance of persons who are experiencing or at risk of homelessness with rental assistance (called “Activity 6” by HCD).

This item is a request to amend the program year PLHA plan for 2020, 2021, 2022, and 2023. Although these years are in the past, the funding in practicality is for the present and upcoming years.

DISCUSSION
Before disbursements of funds are made, HCD requires that local jurisdictions submit an annual application requesting their funding allocation for each program year along with supporting documents for review and approval. The City’s Five-Year PLHA plan describes the way allocated funds will be used for eligible activities. HCD gives the City Agenda Report April 23, 2024
RESOLUTION NO. 24:009 Page 2
the flexibility to amend the PLHA plan. Proposed changes greater than 10% to approved funding allocations or to proposed activities can be made to the PLHA plan with proper written notice to the community and approval by the City Council and HCD.

Approved PLHA Five-Year Plan
The City’s Five-Year PLHA plan for program years 2019-2023 allocated funds for administration (5%) and the following two eligible activities. • Activity 1: The rehabilitation and preservation of multifamily rental housing (50% allocation); and
• Activity 6: Assisting persons who are experiencing or at risk of homelessness with rental assistance (45% allocation)
2019 Program Year PLHA Plan Amendment
The 2019 program year PLHA plan amendment reallocated funds by terminating the multifamily rental housing activity (Activity 1) and replacing it solely with the following eligible activity:
• Activity 6: Assisting persons who are experiencing or at risk of homelessness with rental assistance (95% allocation)
Proposed PLHA Formula – Amendment for years 2020, 2021, 2022, 2023 The 2020 and 2021 program year PLHA plan amendment includes a 5% administrative fee and intends to reallocate funds to the following eligible activity:
• Activity 9: Homeownership opportunities, homebuyer assistance (95% allocation) The 2022 and 2023 program year PLHA plan amendment includes a 5% administrative fee and intends to reallocate funds to the following eligible activities:
• Activity 6: Assisting persons who are experiencing or at risk of homelessness with rental assistance (25% allocation); and
• Activity 9: Homeownership opportunities, homebuyer assistance (70% allocation)

FISCAL IMPACT
None. However, upon HCD approval of the annual application, funding may be made available as soon as July 2024. The Fiscal Year 2024-2025 Budget will be adjusted accordingly.

Agenda Report April 23, 2024
RESOLUTION NO. 24:009 Page 3

VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity, and guidelines; and provide the framework for policy decisionmaking. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No. 1: Safe Community - Provide a safe place to live, work, and visit; and No. 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent, and collaborative manner.

RECOMMENDED ACTION
Read by title only and adopt Resolution No. 24:009, authorizing the application and amending the Permanent Local Housing Allocation (PLHA) plan for the 2020-2023 program years; and authorize the City Manager to execute the PLHA Program Application, and other related documents to the PLHA program and submit all required documents and agreements to amend the PLHA plan for the 2020-2023 program years in compliance with HCD regulations.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:009

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PARAMOUNT SETTING FORTH ITS FINDINGS OF FACT AND

AUTHORIZING THE APPLICATION AND AMENDING THE

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN
FOR THE 2020-2023 PROGRAM YEARS
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)):
and
WHEREAS Department issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS the City of Paramount (“City”) is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS THE City has an approved Contract No. 22-PLHA-1782 for the 2019- 2023 Allocations with the Department that needs to be amended; and WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:

SECTION 1. The above recitations are true and correct.

SECTION 2. The City Council finds that it has conducted all the proceedings necessary, including hearings, and in compliance with State Law and the Code of the City of Paramount.

SECTION 3. The City Council reasonably finds that the evidence presented does justify the granting of this amendment to the Five-Year Plan application with the following conditions of approval:

RESOLUTION NO. 24:009

Page 2 ends

2. The City is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations ($2,629,182) as stated in Appendix B of the current NOFA, in accordance with all applicable rules and laws.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan Amendment for the 2020-2023 Allocations is attached to this Resolution as Exhibit A, attached hereto and incorporated herein by reference, and Applicant hereby adopts this PLHA Plan Amendment and certifies compliance with all requirements in accordance with the Guidelines.

5. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering local government to whom a local government may delegate its PLHA allocation.

6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

7. Pursuant to Applicant’s certification in this Resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

8. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

RESOLUTION NO. 24:009

Page 3 ends

SECTION 4. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 23rd day of April 2024.

Annette C. Delgadillo, Mayor
ATTEST:

Heidi Luce, City Clerk
Business, Consumer Services and Housing Agency
Permanent Local Housing Allocation
(PLHA) Formula Allocation
5-Year Plan Amendment Form
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
Final Filing Date: June 30, 2027
at 4:00 P.M. PST
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/permanentlocal-housing-allocation Email: [email protected]
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a) Eligible activities are limited to the following: Select below:
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. Yes §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Yes
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

File Name: Gov TIN Provide a signed Gov't TIN Form Uploaded to HCD? File Name: Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 19, column AH) Uploaded to HCD? File Name:

Application and/or Adopting the
PLHA Plan (2020-2023
Allocations) Reso
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2020-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Uploaded to
HCD?
Zip Code: 90723
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? No §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300(c) and (d)?
A sample agreement can be
found by double clicking on the
icon to the right
Address: 16400 Colorado Avenue City: Paramount State: CA Zip Code: 90723
Contact Name: Sol Bejarano Title: Management Analyst Contact Email: [email protected] Contact Phone: 562-220-2064 Address: 16400 Colorado Avenue City: Paramount State: CA County: Los Angeles
Auth Rep Name: John Moreno Title: City Manager Auth Rep. Email: [email protected] Phone: 562-220-2225 City: Paramount State: CA Zip: 90723
§300 Eligible Applicants
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Paramount
Address: 16400 Colorado Avenue
§301 Eligible Activities
PLHA Formula - Amendment for years 2020, 2021, 2022, 2023 Rev. 03/18/24 Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation: Paramount City PLHA Page 1 Formula Allocation Application
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

PLHA Page 2 Formula Allocation Application
File Name: Plan Adoption Reso §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Uploaded to HCD? §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

PLHA funds will be used to create and implement a new homeownership program. This willl begin with finalizing policies, procedures, and forms, continute to training appropriate staff, marketing the program, screening and processing applications and awards. 9 §302(c)(4)(E)(iv) Period of Affordability for the
Proposed Activity
0 §302(c)(4)(E)(ii) Projected Number of Households
Served 3 4 1 1
TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI
Level
Note: complete for years 2020, 2021, 2022 only
§302(c)(4)(E)(ii) Area Median Income Level
Served 150% 150% 150% 150%
§302(c)(4)(E)(i) Percentage of Funds Allocated for
the Proposed Activity 95% 95% 70% 70%
Type of Homeowner Assistance Home Buyer
Assistance
Home Buyer
Assistance
Home Buyer
Assistance
Home Buyer
Assistance
The City plans to utilize 95% of PLHA funds in funding allocations years 2020 and 2021, and 70% in funding allocation years 2022 and 2023 to provide homeownership assistance. Funding will be available to all qualified households at or below moderate income. Paramount is located in a high cost area the maximum moderate income level is 150% of AMI.

Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2020 2021 2022 2023
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. Enter Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing (AOWH) 100% §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

These funds will enable the City's Rental Assistance program to continue to assist individuals and families at risk of homelessness. The first step upon award to funds will be to inform community partners this resource continues to be available. 8 §302(c)(4)(E)(iv) Period of Affordability for the
Proposed Activity (55 years required for rental
housing projects)
NA NA
0 §302(c)(4)(E)(ii) Projected Number of Households
Served 4 4
TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI
Level
Note: complete for years 2020, 2021, 2022 only
NA NA
§302(c)(4)(E)(ii) Area Median Income Level
Served 30% 30%
§302(c)(4)(E)(i) Percentage of Funds Allocated for
the Proposed Activity 25% 25%
Type of Activity for Persons Experiencing or At Risk
of Homelessness
Rental
Assistance
(term of six
months)
Rental
Assistance
(term of six
months)
Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2022 2023
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.

The City plans to utilize 25% in funding allocation years 2022 and 2023 to provide rental assistance to eligible households at risk of homelessness. §302(c)(4) Plan Rev. 03/18/24
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Paramount (City) plans on utilizing its allocated PLHA funds for the following two activities:
* Activity #6: Assisting persons who are experiencing or at risk of homelessness with rental assistance; and * Activity #9 Homeownership opportunities, homebuyer assistance. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

When the City assists households at risk of homelessness, they will target those which earn 30% of AMI or lower and the homeownership assistance activity will be accessible to households earning 60% AMI or less. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The Plan is consistent with the following programs identified in the City's Housing Element:
* Activity #6 is consistent with Program 12: Homeless Plan which states, "Pursuit of funding for grants and other financial support to implement the Plan to Prevent and Combat Homelessness." * Activity #9 is consistent with Program 2: Homebuyer Assistance Programs, which are to assist "lower income households to become or remain homeowners by promoting and implementing homebuyer incentive program." Activities Detail (Activities Detail (Must make a selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA Page 1 302(c)(4) Plan
PLHA Page 2 302(c)(4) Plan
25 PLHA Supp
App
24 PLHA Supp
App
23 PLHA Supp
App
22 PLHA Supp
App
21 PLHA Supp
App
20 PLHA Supp
App
19 PLHA Supp
App
18 PLHA Supp
App
17 PLHA Supp
App
16 PLHA Supp
App
15 PLHA Supp
App
14 PLHA Supp
App
13 PLHA Supp
App
12 PLHA Supp
App
11 PLHA Supp
App
10 PLHA Supp
App
9 PLHA Supp
App
8 PLHA Supp
App
7 PLHA Supp
App
6 PLHA Supp
App
5 PLHA Supp
App
4 PLHA Supp
App
3 PLHA Supp
App
High
2 PLHA Supp
App
1 PLHA Supp
App
Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date Organization: MDG & Associated Email: [email protected] Contact Phone: 909-4476-9696 x116 Application Development Team (ADT) Support Form Rev. 03/18/24 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Emily Vander Does Date Requested: 3/30/24 Application Version Date: 3/18/24
PLHA Page 1 Application Support
beginning of sheet 1 - PLHA budget Revision Form

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

STATE GRANT MANAGEMENT
2020 West El Camino, 4th Floor
Sacramento, CA 95833
[email protected]
HCD Contract Number: HCD Rep Name:

Contractor Name: Preparer Name:

Contractor Address: Preparer Title:

Contractor City, State, Zip: Preparer E-mail:

Type of Allocation: Phone Number:

Total Award Amount: Allocation Year:

Original Approved
Budget
Current Approved
Budget New Budget Requested HCD Approved Amount
340,547.00 340,547.00 0.00
306,492.30 306,492.30
647,039.30
34,054.70 34,054.70 34,054.70
681,094.00 681,094.00 681,094.00 $0.00
Date
Date

5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.

6. Assisting persons who are experiencing or at-risk of homelessness (see §301(a)(6). of the PLHA NOFA for conditions).

Permanent Local Housing Allocation (PLHA)
Budget Revision Form Last Revised: 2/11/2022
22-PLHA-17882
City of Paramount
Kelly Liu
Sol Bejarano
Budget Revision Breakdown
Management Analyst
[email protected]
16400 Colorado Ave
Paramount, CA 90723

CERTIFICATION
Formula Allocation
TOTAL

10. Fiscal incentives made by a county of a city within the county to incentivize approval of one or more affordable housing projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county (see §301(a)(10). of the PLHA NOFA for conditions).
$681,094.00 2020

1. Predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremeley low-, Very low-, or Moderate-income households, including necessary Operating Subsidies.

2. Predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, of 150 percent of AMI in high-cost areas.

PLHA Activity - Formula Grantees Only

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. 562-220-2064
Manager Signature
Representative Signature
SGM Manager Printed Name
SGM Representative Printed Name

7. Accessibility modifications in Lower-income Owner-occupied housing.

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

Administration
*I hereby agree that this Budget Revision Request constitutes allowable costs in accordance with terms of the approved Standard Agreement.

HCD USE ONLY
Name of Authorized Representative Title of Authorized Representative John Moreno City Manager
Signature of Authorized Representative Date
CESH Budget Revision Workbook
(Rev.8/14/20) Page 1 of 2
beginning of sheet 2: Budget Revision Justification
HCD Contract Number: HCD Rep Name:

Contractor Name Preparer Name:

Contractor Address Preparer Title:

Contractor City, State,
Zip Preparer E-mail:

Type of Allocation Phone Number:

9. Homeownership opportunities, including, but not
limited to, down payment assistance.

10. Fiscal incentives made by a county of a city within the county to incentivize approval of one or more
affordable housing projects, or matching funds
invested by a county in an Affordable housing
development Project in a city within the county (see
§301(a)(10). of the PLHA NOFA for conditions).

Administration
Requesting to utilize 95% of the 2020 PLHA allocation to create and implement a new homebownership program in the City of Paramount that will serve a level of 150% AMI.
16400 Colorado Ave

8. Efforts to acquire and rehabilitate foreclosed or
vacant homes and apartments.

[email protected]
Permanent Local Housing Allocation (PLHA) Program

BUDGET REVISION FORM
Budget Revision Justification
Kelly Liu
Sol Bejarano
Management Analyst
[email protected]
562-220-2064
22-PLHA-17882

1. Predevelopment, development, acquisition,
rehabilitation, and preservation of multifamily,
residential live-work, rental housing that is Affordable to Extremeley low-, Very low-, or Moderate-income
households, including necessary Operating Subsidies.

PLHA Activity
Formula Allocation

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

STATE GRANT MANAGEMENT
2020 West El Camino, 4th Floor
Sacramento, CA 95833
City of Paramount
Budget Revision Justification
Paramount, CA 90723
Requesting to shift the 2020 program year allocation to eligibile activity 9.

5. Capitalized Reserves for Services connected to the
preservation and creation of new Permanent
supportive housing.

3. Matching portions of funds placed into Local or
Regional Housing Trust Funds.

2. Predevelopment, development, acquisition,
rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units
(ADUs), that meets the needs of a growing workforce
earning up to 120 percent of AMI, of 150 percent of
AMI in high-cost areas.

7. Accessibility modifications in Lower-income Owneroccupied housing.

4. Matching portions of funds available through the
Low- and Moderate-Income Housing Asset Fund
pursuant to subdivision (d) of HSC Section 34176.

6. Assisting persons who are experiencing or at-risk of homelessness (see §301(a)(6). of the PLHA NOFA for
conditions).

The City of Paramount has budgeted 95% of its 2019 allocation towards Activity 6. In order to efficiently and effectivly serve the residents of Paramout with range of programs, it is being requested to shift the 2020 program year allocation to eligible activity 9.

CESH Budget Revision Workbook (Rev. 7/20/20) Page 2 of 2 To: Honorable City Council
From: John Moreno, City Manager
By: David Johnson, Community Services
Director
Date: April 23, 2024
SUBJECT: UPDATE ON MAYORAL ACTIVITIES

BACKGROUND
On occasion, a new incoming Mayor offers suggestions for specific activities they would like to engage in as Mayor that could involve improved communication with the public and recognition for community members. At the April 9, 2024, City Council meeting, Mayor Delgadillo requested a consensus from the City Council to direct staff to return with a report on some suggested revisions to existing Mayoral activities as well as some new Mayoral activities. New activities suggested were a monthly “Storybook Reading Hour with the Mayor” at the Paramount Library and a “Mayor for the Day” program, as discussed at the City Council’s Goal Setting workshop in January 2024. The suggested revisions to previous Mayoral activities were to replace “Chats and Snacks with the Mayor” and initiate a “Chat with the Mayor” booth at specific City special events; replace the monthly “Mayor’s Award” with a “Key to the City” award; and provide a monthly Mayor’s update on the City’s social media in lieu of the weekly “Mayor’s Update” that was started during the pandemic. Mayor Delgadillo also suggested the City purchase promotional pens with the year and the names of the City Councilmembers for limited distribution.

DISCUSSION
New Activities
Storybook Reading Hour with the Mayor
The Storybook Reading Hour would be an in-person reading and literacy event conducted by the Mayor each month on scheduled dates and times agreed upon by the Paramount Librarian. This is an engagement activity with young residents and their parents in support of education and literacy in our community. This would involve a nominal amount of staff time from the Community Services department necessary for coordination and staff time from the Administrative Services department for communication and marketing of this monthly activity.

Agenda Report April 23, 2024
UPDATE ON MAYORAL ACTIVITIES Page 2
Mayor for the Day Program
As mentioned above, the Mayor for the Day Program was brought up during the City Council goal-setting session in January. This would be a monthly activity at the 2nd City Council meeting of each month in which PUSD students are in session (September through May – excludes August and June). This would be limited to 4-5th grade students at the twelve (12) schools that have this age group. A student would be chosen by the Paramount Unified School District to represent each of the 12 schools, and that student would be invited to a scheduled meeting. However, since there are 9 available meetings and 12 potential students, some meetings will have 2 students sharing the title of Mayor for the Day, or additional Council meeting dates could be added to accommodate the difference. The students would gavel the meeting open and conduct the Pledge of Allegiance before turning the gavel back to the Mayor. The City Council would take a photo with the student(s) and each student would receive a “I’m a Paramount Kid” t-shirt and a proclamation declaring them “Mayor for the Day”. Conducting this monthly activity would involve nominal staff time from the Community Services department and the City Clerk to schedule the students and less than $200 for the t-shirts.

Revised Activities
Chat with the Mayor Booth at City Events
In lieu of the Chats and Snacks (formerly Coffee with the Mayor) events, the suggested revision is to have a booth at selected community special events (e.g., Heritage Festival) that would consist of the Mayor and another City Councilmember (with a rotation similar to the former events) to engage and answer questions from community members. The Chats and Snacks events have had low attendance relative to our special events, averaging around 10-12 people per event. Since our special events have large attendance and foot traffic, the Mayor’s booth would garner larger opportunities for community engagement by the Mayor and City Council. This revision would actually be a reduction in staff time, as staff would not need to prepare and set-up for a separate event as we currently do now. Staff would already be present at these special events and would assist the Mayor’s Booth on an as-needed basis. Additionally, though we would purchase giveaway items at a cost of $1,500, we would realize a savings of approximately $2,500 from the cost of food and drinks that we normally purchase for the Chats and Snacks events.

Key to the City Award
The suggestion is to replace the current engraved glass Mayors Award of Excellence with a Key to the City Award. When originally created in 2021, the purpose of the Mayor’s Award of Excellence was to recognize Paramount residents, businesses and non-profit organizations that have gone to extraordinary lengths to create a significant, positive impact on the lives of Paramount residents. The suggested change is to replace the glass award with a Key to the City, while still maintaining the purpose of the award.

Agenda Report April 23, 2024
UPDATE ON MAYORAL ACTIVITIES Page 3
Staff researched three options for a “Key to the City Award” ranging in price from $160- $200 each. The cost for the current glass award is $70 which would result in an annual budget increase of approximately $1,500 if the City Council decides to change to a Key to the City Award.

Weekly Mayor’s Update
In 2020, at the start of the pandemic, the City Council introduced a new social media campaign called the Mayor’s Weekly Update. In similar fashion to LA County’s outreach efforts, the weekly posts were designed to share important information about COVID-19 cases within Paramount while communicating timely LA County public health policies and directions. The posts were very popular, and the public would actively engage with the campaign by resharing content, liking the posts, and commenting on their concerns.

When the pandemic was declared over, the campaign shifted its focus to City programs and upcoming events.

Since this shift, the Weekly Mayor’s Update began to see a general decline in public interest. Staff conducted an engagement metric report comparing Quarter 1 of 2024 to Quarter 1 of 2021 (COVID). According to the report, around 251 of the City’s Facebook followers engaged (likes, dislikes, shares, comments) with those posts in 2021, versus 29 during the same timeframe in 2024.

To increase engagement, the Communications Division recommends replacing the weekly, static posts with a monthly video reel featuring the Mayor. Video reels are proven to reach a wider audience and increase engagement on social media compared to static posts. This new video format will be a more effective way to capture the attention of the City’s social media followers, while also decreasing the number of repetitive posts which can cause audience fatigue and a loss of followers. The content will cover upcoming events for the month to keep residents informed and excited about City offerings.

City Promotional Item
City Council Pen
For years, the City budgeted for and would purchase pens for the City Council to distribute throughout the year after each City Council reorganization. The custom pens were imprinted with the year, City of Paramount, and the name of each Councilmember.

However, during the 2019-2020 budget process, this item was eliminated from the budget. Below is a photo of the 2019 pen for reference.

Agenda Report April 23, 2024
UPDATE ON MAYORAL ACTIVITIES Page 4
Staff researched pen options and found the same pen still available. The minimum order for these pens is 100. Below are the approximate costs based on orders of 100, 200 and 500 pens:

Quantity Total Cost Cost/Pen
100 $1,200 $12.00
200 $2,050 $10.25
500 $4,650 $ 9.30

FISCAL IMPACT
The staff costs associated with the new and revised activities do not require any additional funding to support the activities. The supply and material costs are relatively nominal with the exception of the promotional pens. For the current fiscal year, if approved, the promotional pens and nominal expenses related to the activities can be funded using available General Funds in the Community Promotion budget. For the upcoming year, the costs associated with these programs, if approved, will be specifically identified in the proposed Fiscal Year 2024-25 Budget.

VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.

RECOMMENDED ACTION
Receive and file this report and provide direction to staff on the proposed Mayoral activities presented in the report.

Paramount City CouncilApril 23, 2024

Paramount City Council
April 23, 2024