Agenda packet, regular meeting — Paramount City Council, June 25, 2024 (part 1 of 2)

Agenda
City Council
June 25, 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.

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• In-Person
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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

ROLL CALL OF
COUNCILMEMBERS:

Councilmember Isabel Aguayo
Councilmember Brenda Olmos
Councilmember Vilma Cuellar Stallings
Vice Mayor Peggy Lemons
Mayor Annette C. Delgadillo
Agenda June 25, 2024
Regular Meeting City Council Page 2

PRESENTATIONS

1. VIDEO RACE FOR EDUCATION 5K/1K AND WELLNESS FAIR

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.

2. AWARD OF

CONTRACT

PORTABLE RESTROOM TRAILER PUMP-OUT SERVICES
Recommended Action: Award the contract for the Portable Restroom Trailer Pump-Out Services to United Site Services of California, Inc., Gardena, CA in the amount of $1,316 per week and authorize the Mayor or her designee to execute the agreement.

3. APPROVAL AUTHORIZATION TO REINFORCE TWO (2) EXISTING ART STATUES AND PURCHASE TWO (2) REPLACEMENT ART

STATUES FOR PARAMOUNT POND
Recommended Action: 1) Appropriate $300,000 from the Art Fund; and 2) Authorize the reinforcement of two existing statues and the purchase and installation of two replacement bronze art statues for the Paramount Pond from National Sculptors’ Guild, Loveland, Colorado, in an amount not to exceed $300,000.

4. APPROVAL AMENDMENT NO. 1 TO THE MEASURE R FUNDING

AGREEMENT WITH THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA)

FOR THE ALONDRA BOULEVARD IMPROVEMENTS PROJECT

FROM HUNSAKER AVENUE TO LAKEWOOD BOULEVARD
Recommended Action: Approve Amendment No. 1 to the Measure R Funding Agreement with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Alondra Boulevard Improvements Project from Hunsaker Avenue to Lakewood
Boulevard and authorize the Mayor or her designee to execute the Amendment.

5. ACCEPTANCE OF
WORK

ACCEPTANCE OF WORK FOR PARAMOUNT POOL INTERIOR
UPGRADES (CITY PROJECT NO. 9354)
Recommended Action: 1) Appropriate an additional $62,300 in the FY2023-24 Budget for this project utilizing General Funds; and 2) Accept the work performed by Remmi Construction, Inc., Riverside, California, for the construction of the Paramount Pool Interior Improvements and authorize payment of the remaining retention.

Agenda June 25, 2024
Regular Meeting City Council Page 3

6. APPROVAL MEMORANDUM OF UNDERSTANDING WITH THE LOS

ANGELES COUNTY PROBATION DEPARTMENT FOR THE

YOUTH ACTIVITIES LEAGUE
Recommended Action: Approve and authorize the City Manager to execute the MOU with the Los Angeles County Probation Department and associated dedicated independent contractor agreements for the Youth Activities League.

7. APPROVAL CONSIDERATION OF APPROVAL OF THIRD AMENDMENT TO

THAT CERTAIN AMENDED AND RESTATED CITY MANAGER
EMPLOYMENT AGREEMENT AND RESOLUTION NO. 24:031

AMENDING FULL-TIME SALARY TABLE
Recommended Action:

A. Approve the Third Amendment to the Amended and Restated City Manager Employment Agreement between the City of
Paramount and John Moreno.

B. Read by title only and adopt Resolution No. 24:031 amending the full-time salary table.

8. RESOLUTION
24:023

DISSOLVING THE COMMUNITY-WIDE PARKING COMMITTEE
Recommended Action: Read by title only and adopt Resolution No. 24:023.

9. RESOLUTION
24:022
AMENDING THE CITY’S PERSONNEL MANUAL TO

INCORPORATE NEW BENEFIT POLICIES
Recommended Action: Read by title only and adopt Resolution No. 24:022.

10. APPROVAL ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2024-25
Recommended Action: Approve and authorize the Mayor or City Manager to execute following agreements:

A. All City Management Services, Inc. in the amount of $382,200 per year.

B. Community Prosecutor Program in the amount of $171,300 per year.

C. Detective Bureau Consultation Services in the amount of $50,000 per year.

D. Graffiti Tracker in the amount of $26,000 per year.

E. Paramount Unified School District reimbursement of $1,319 per year.

F. Southwest Security, Inc. In the amount of $444,743 per year.

G. The Salvation Army Bell Shelter in the amount of $427,100 per year
Agenda June 25, 2024
Regular Meeting City Council Page 4

11. RESOLUTION
24:030

AUTHORIZING APPLICATION(S) SUBMITTALS FOR SPECIFIED

GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET
ACT OF 2023 TO SUPPORT PHASE II OF THE WEST SANTA

ANA BRANCH BIKEWAY TRAIL PROJECT
Recommended Action: 1) Read by title only and adopt Resolution No. 24:030; and 2) Authorize the City Manager or his designee to execute all related application(s), amendments, and grant documents.

12. APPROVAL FUEL PURCHASE AGREEMENT BY AND BETWEEN THE

COUNTY OF LOS ANGELES AND THE CITY OF PARAMOUNT
Recommended Action: Approve the fuel purchase agreement with the County of Los Angeles and authorize the Mayor or City Manager to execute the agreement.

13. APPROVAL AUTHORIZATION TO INCREASE THE BUDGET FOR VARIOUS

CAPITAL IMPROVEMENT PROJECTS (CIP) WITHIN FISCAL
YEAR 2023-24
Recommended Action: Appropriate $49,000 from a combination of Measure M, Prop C, and General Fund as shown in the agenda report and adjust the FY2023-24 Capital Improvement Project Budget to reflect those modifications.

14. RESOLUTION
24:021

AUTHORIZING LETTER OF AGREEMENT AMENDING

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
PARAMOUNT AND TEAMSTERS LOCAL 911
Recommended Action: Read by title only and adopt Resolution No. 24:021 authorizing the City Manager to execute the Letter of Agreement amending the Memorandum of Understanding between the City of Paramount and Teamsters Local 911.

15. RESOLUTION
24:028

APPROVING AN INTERFUND LOAN BETWEEN THE GENERAL

FUND AND THE WATER FUND
Recommended Action: Read by title only and adopt Resolution No. 24:028

16. RESOLUTION
24:025

AMENDING THE CITY OF PARAMOUNT POLICY FOR

REIMBURSEMENT OF EXPENSES INCURRED FOR OFFICIAL
CITY BUSINESS AND APPROVING THE FISCAL YEAR 2024-
2025 AUTHORIZED CONFERENCE LISTING
Recommended Action:

A. Read by title only and adopt Resolution No. 24:025.

B. Approve the Fiscal Year 2024-2025 Authorized Conference List.

17. AWARD OF

CONTRACT

CARDIO AND WEIGHT ROOM FITNESS EQUIPMENT
Recommended Action: Award the contract for cardio and weight room fitness equipment to Coast Fitness in the amount of $49,051.33.

Agenda June 25, 2024
Regular Meeting City Council Page 5

18. ACCEPTANCE OF
WORK
LED LIGHTING CONVERSION (CITY PROJECT NO. 9490)
Recommended Action: Accept the work performed by AMTEK
Construction, Orange, California, for the LED Lighting Conversion (CIP 9490), and authorize payment of the remaining retention.

NEW BUSINESS

19. RESOLUTION
24:026
CITY COUNCIL PERMIT FOR LIVE ENTERTAINMENT –
GRACIAS CAFÉ, LLC DBA GRACIAS CAFECITO
Recommended Action: Read by title only and adopt Resolution No. 24:026, approving a City Council Permit for live entertainment at Gracias Cafecito at 15739 Downey Avenue, subject to the Conditions of Approval contained in this report.

20. AWARD OF

CONTRACT

AL FRESCO DINING PROGRAM CONSTRUCTION SERVICES

FOR CASA ADELITA, CASA GAMINO, EL TAPATIO

RESTAURANT AND GRILL, AND PIKA TORTAS AHOGADAS
Recommended Action: Award the contract to ANM Construction, Inc. for the Al Fresco Dining Program construction services for Casa Adelita, Casa Gamino, El Tapatio Restaurant and Grill, and Pika Tortas Ahogadas in the total amount of $263,000.00.

21. ORAL REPORT CLEARWATER SPECIFIC PLAN

22. RESOLUTION
24:024

APPROVING A FIVE-YEAR MUNICIPAL LAW ENFORCEMENT

SERVICES AGREEMENT WITH THE COUNTY OF LOS

ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS
ANGELES COUNTY SHERIFF’S DEPARTMENT AND

AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES
OF THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT UP
TO AN AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND
CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024
THROUGH JUNE 30, 2029.

Recommended Action: Read by title only and adopt Resolution No. 24:024 approving the Five-Year Municipal Law Enforcement Service Agreement with the County of Los Angeles for the period of July 1, 2024 through June 30, 2029, and authorize the Mayor to execute the Five-Year Municipal Law Enforcement Service Agreement on behalf of the City.

23. APPROVAL WORLD ENERGY/ALTAIR COMMUNITY BENEFITS

AGREEMENT YEAR TWO SPENDING PLAN
Recommended Action: Approve the year two spending plan for the World Energy/AltAir Community Benefits Agreement.

Agenda June 25, 2024
Regular Meeting City Council Page 6

COMMENTS/COMMITTEE REPORTS

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) – One (1) case
City of Whittier et al v. Superior Court of the State of California, County of Los Angeles, Case No. 23STCP0359 et al (Bail Schedule Litigation)
CONFERENCE WITH LEGAL COUNSEL – POSSIBLE LITIGATION BY THE CITY Government Code Section 54956.9(d)(4)

CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6(f)
Agency designated representatives: City Council
Unrepresented employee: City Attorney

ADJOURNMENT
To a meeting on July 9, 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.

CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6(f)
Agency designated representatives: City Council
Unrepresented employee: City Attorney

ADJOURNMENT
To a meeting on July 09 2024 at 6:00 PM in the Council Chamber at City Hall, 16400 Colorado Ave., Paramount, CA
To: Honorable City Council
From: John Moreno, City Manager
By: Heidi Luce, City Clerk
Date: June 25, 2024
SUBJECT: RACE FOR EDUCATION 5K/1K AND WELLNESS FAIR
A video highlighting the recent Race for Education 5K/1K and Wellness Fair event will be presented.

To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 25, 2024
SUBJECT: PORTABLE RESTROOM TRAILER PUMP-OUT SERVICES

BACKGROUND
On April 25, 2023, City Council authorized the purchase of a portable restroom trailer for Salud Park. Due to Southern California Edison (SCE) lease agreement restrictions, permanent restrooms are not authorized to be constructed on SCE property. Therefore, a three stall, portable restroom trailer was installed at Salud Park. Given the amenities this park offers including outdoor exercise stations, and a rubberized walking/running track, staff has noticed a high volume of usage to these restrooms that require additional pump-out services from 5 days per week to 7 days per week.

DISCUSSION
On Thursday, May 23, 2024, the City published the Request for Proposals in the Paramount Journal and on the City’s website.

On Thursday, June 6, 2024, the Director of Public Works opened and examined the bids for the Portable Restroom Trailer Pump-Out Services project. The bids were opened at 11:00 AM at the City Yard.

Three (3) bids were received and analyzed for completeness of the required documentation. Upon review of the proposals, the City of Paramount determined that one (1) bid was deemed non-responsive for failure to submit a completed bid proposal sheet.

Therefore, the apparent low responsible bid was deemed to be United Site Services of California, Inc. in the amount of $1,316 per week.

Cost
The following is a breakdown of estimated annual project cost:

Project: $ 68,432.00
Contingency (10%): $ 6,843.20
Total: $ 75,275.20
Agenda Report June 25, 2024
PORTABLE RESTROOM TRAILER PUMP-OUT SERVICES Page 2

FISCAL IMPACT
Funding for this project in the amount of $75,300 was included in the FY 2024-25 Budget utilizing the General 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 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
Award the contract for the Portable Restroom Trailer Pump-Out Services to United Site Services of California, Inc., Gardena, CA in the amount of $1,316 per week and authorize the Mayor or her designee to execute the agreement.
1 AGREEMENT FOR PORTABLE RESTROOM TRAILER PUMP-OUT SERVICES THIS AGREEMENT (“Agreement”) is made and entered into this 25th day of June, 2024 between the City of Paramount, a municipal corporation in Los Angeles County, California, (hereinafter "CITY") and United Site Services of California, Inc. a licensed California firm, with its primary office located at 256 East Alondra Blvd. Gardena, CA 90248 (hereinafter "CONSULTANT") (collectively, "the Parties").

RECITALS
WHEREAS, CITY and CONSULTANT each desire to enter into an Agreement whereby CONSULTANT will perform portable restroom trailer pump-out services for CITY; and
WHEREAS, CITY staff does not have the expertise or capacity to perform this work in-house.

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

1. DESCRIPTION OF SERVICES
CONSULTANT shall perform portable restroom trailer pump-out services as more particularly described in CONSULTANT’S proposals attached hereto as Exhibit “A” and incorporated herein by reference as if fully set forth. In the event of any conflict between CONSULTANT’S proposals and this Agreement, the terms of this Agreement shall apply.

2. COMPENSATION
(a) Except as otherwise provided herein, CITY agrees to pay CONSULTANT as full compensation for all services and duties performed. The total compensation to be paid under this Agreement shall not exceed $1,316 per week.
(b) CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes any of CONSULTANT's fees, it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

3. MATERIALS AND SUPPLIES
2 Without modifying or waiving those provisions under Section 4. hereinbelow, CITY agrees to provide office space, supplies, equipment, and support services required to maintain all records and correspondence connected with the portable restroom trailer pump-out services. No personal use of CITY equipment, supplies or services is allowed, and CONSULTANT shall comply with all CITY policies regarding use of CITY resources.

4. INDEPENDENT CONTRACTOR
A. CITY and CONSULTANT agree and represent this Agreement is entered into with the understanding CONSULTANT is not an employee of CITY and is intended, for all purposes, to have the status of independent contractor under Labor Code Section 2776.

In the event the CITY determines a legal, judicial, or administrative determination has a material effect upon the status of CONSULTANT as an independent contractor, the CITY shall have the right, with or without notice, to automatically terminate the Agreement. In the CITY’s sole discretion, the CITY may propose modification of the Agreement’s terms to permit CONSULTANT’s continued provision of services.

B. CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. CONSULTANT shall be free from control and direction of the CITY in connection with the performance of duties, and CONSULTANT retains exclusive discretion in how to perform duties, subject to other terms and conditions of this Agreement. The personnel performing the services under this Agreement on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this Agreement.

C. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner.

D. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except for the fees paid to CONSULTANT as provided in the Agreement, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

5. TERM OF AGREEMENT
The term of this Agreement shall be for two (2) years, with the option to renew administratively for two (2) one (1) year extensions, effective from June 25, 2024 or upon reaching the "not-to-exceed" compensation amount, whichever occurs first. This Agreement may be terminated by giving written notice to the other party of that party's 3 intention to so terminate. This Agreement shall be terminated thirty (30) days from and after the date of delivery or mailing of a notice of cancellation by either party, unless the notice specifies otherwise.

6. TERMINATION OF AGREEMENT WITHOUT CAUSE
A. Except as otherwise provided in Section 4. hereinabove, either party may terminate this Agreement, or any portion hereof, by serving upon the other party at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this Agreement, unless the notice provides otherwise. If a portion of this Agreement is terminated, such termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination. Upon termination of the Agreement, pursuant to this Section, the CONSULTANT will submit an invoice to the CITY pursuant to Section 2. of this Agreement.

7. DEFAULT
A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can terminate this Agreement immediately by written notice to the other party. If such failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.

B. If CITY determines the CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, the CITY shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service of default notice to cure the default as directed by the CITY in the notice. In the event the CONSULTANT fails to cure its default within such period of time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. AMENDMENT
Except as otherwise stated herein, any and all obligations of CITY and CONSULTANT are fully set forth and described in this Agreement. Any changes in this Agreement, including any increase or decrease in the amount of compensation or any change in the term, which shall be mutually agreed upon by and between CITY and CONSULTANT, shall be set forth in written amendments to this Agreement.

9. NONDISCRIMINATION
4 (a) CONSULTANT shall not discriminate in the conduct of the work under this Agreement against any employee, applicant for employment, or volunteer on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, sex, age, sexual orientation or other prohibited basis. (b) Consistent with CITY’s policy that harassment and discrimination are unacceptable employer/employee conduct, CONSULTANT agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by CONSULTANT or CONSULTANT’s employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, sex, age, sexual orientation or other prohibited basis will not be tolerated. CONSULTANT agrees that any and all violation of this provision shall constitute a material breach of the Agreement.

10. INDEMNIFICATION
CONSULTANT shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation, arising out of the CONSULTANT’s performance under this Agreement or out of the work performed by CONSULTANT, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this Agreement, the CONSULTANT shall provide a defense to the Indemnitees or at the CITY’s option, reimburse the Indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims.

Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and CITY, as to whether liability arises from the sole negligence of the CITY or its officers, employees, or agents, CONSULTANT will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the CITY as solely negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

11. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep informed of state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.
5 12. INSURANCE
(a) Required Coverage. Without limiting CONSULTANT's indemnification, it is agreed that CONSULTANT shall maintain in force at all times during the term of this Agreement the following types of insurance providing coverage on an "occurrence" basis.

Said insurance, with the exception of Worker’s Compensation and Errors & Omissions Liability, shall name the CITY as additional insureds and evidence of said insurance shall be delivered to CITY in certificate and endorsement forms acceptable to the CITY prior to execution of this Agreement.
☒ Commercial general liability and property damage insurance. Coverage:
$1,000,000 per occurrence. The general aggregate limit shall be twice the required occurrence limit.
☒ Worker’s Compensation insurance to cover its employees as required by the Labor Code of the State of California. CONSULTANT’s worker’s compensation insurance shall include the following language: “All rights of subrogation are hereby waived against the CITY, its officers and employees when acting within the scope of their appointment or employment.” In the event any class of employees engaged in hazardous work under this Agreement is not protected under Workers’ Compensation Statutes, the CONSULTANT shall provide adequate and suitable insurance for the protection of its employees not otherwise protected. ☒ E&O/ Professional’s Liability, errors and omissions liability insurance appropriate to the CONSULTANT’s profession. Coverage: $1,000,000 per Claim. (b) General Provisions.
(i) CONSULTANT shall obtain insurance acceptable to the CITY in a company or companies admitted in California and with a Best rating of no less than A VII or as acceptable to the CITY. The endorsements, naming the CITY as an additional insured, are to be signed by a person authorized by CONSULTANT’s insurer to bind coverage on its behalf.
(ii) It shall be a requirement under this contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the broader coverage and maximum limits specified in this contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in the Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the CITY (if agreed to in a written contract) before the CITY’s own insurance or 6 self-insurance shall be called upon to protect it as a named insured. (iv) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents or volunteers.
(v) The insurance provided by these policies shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty days written notice has been received by the CITY.
(c) Additional Insured. The CITY will be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (i) Each such policy shall be endorsed with the following language:

The City of Paramount, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, including the insured's general supervision of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
(ii) This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the CITY, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
(iii) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured. (iv) The Additional Insured coverage under the CONSULTANT’s policy shall be primary and non-contributory and will not seek contribution from the CITY’s insurance or self-insurance and shall be at least as broad as CG 20 01 04

13. (d) Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. At the option of CITY, either: the insurer shall reduce or eliminate such deductibles or self-insurance retention as respects the CITY, its officers, officials, agents, employees and volunteers; or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7 Policies containing any self-insured (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY. The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of the right to exercise later.

13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by:
(i) personal service,
(ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery, or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of Paramount
16400 Colorado Blvd
Paramount, CA 90723
To CONSULTANT: United Site Services of California, Inc. 256 East Alondra Blvd.

Gardena, CA 90248

14. ASSIGNMENT
(a) CONSULTANT shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the CITY.

Due to the personal nature of the services to be rendered pursuant to this Agreement, only CONSULTANT shall perform the services described in this Agreement. (b) CONSULTANT may use assistants, under CONSULTANT’s direct supervision, to perform some of the services under this Agreement. CONSULTANT hereby agrees to be solely responsible for any assistant used under this Agreement and each assistant is bound by the terms of this Agreement. CONSULTANT shall have each assistant confirm in writing they are familiar with the terms of this Agreement and agrees to be bound by the terms and conditions set forth herein.

15. PERMITS AND LICENSES
CONSULTANT will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
8 16. CITY BUSINESS LICENSE
In addition to any other permits or licenses, CONSULTANT shall obtain, maintain and comply with the requirements for a current City business license during the term of this Agreement.

17. GOVERNING LAW
The CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the CITY.

18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreement, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further independent force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. SEVERABILITY
Any part, provision, or representation of this Agreement or any of its exhibits, including, but not limited to Exhibit “A” and Exhibit “B”, which is prohibited or which is held to be void or unenforceable by a court of competent jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that it has the authority to execute this Agreement on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder.

21. This Agreement shall be deemed to have been executed and entered into in the City of Paramount, County of Los Angeles, and State of California.

SIGNATURES ON FOLLOWING PAGE
9 IN WITNESS WHEREOF, the undersigned execute this Agreement on the date first written above.

UNITED SITE SERVICES OF
CALIFORNIA, INC.

BY: ________________________
Title: ________________________

CITY OF PARAMOUNT
A Municipal Corporation
By: _______________________
John Moreno

CITY MANAGER
RECOMMENDED BY:
_______________________________
Adriana Figueroa

PUBLIC WORKS DIRECTOR
APPROVED AS TO FORM:
________________________
John E. Cavanaugh

CITY ATTORNEY
10 EXHIBIT A

To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 25, 2024
SUBJECT: AUTHORIZATION TO REINFORCE TWO (2) EXISTING ART STATUES AND PURCHASE TWO (2) REPLACEMENT ART STATUES FOR

PARAMOUNT POND

BACKGROUND
The City owns dozens of sculptures, statues, and diverse mediums of public art. The art varies in style from abstract shapes to lifelike figures to building facades full of color.

Located at the Paramount Pond on the northeast corner of Paramount Blvd. and Jackson St. were two bronze statues titled “Speed Skater” and “Going for the Goal”. Unfortunately, both statues were recently stolen and are now in need of replacement. Additionally, two other existing statues will need to be reinforced to prevent vandalism/theft in the future.

DISCUSSION
To continue the City’s commitment to public art, staff is recommending the approval of the replacement statues as well the reinforcement for two existing statues. Staff is awaiting a quote from the National Sculptor’s Guild for this work, which will include the cost to replace the two stolen statues, reinforced stainless steel to prevent future theft attempts of all statues, and installation services of all 4 pieces. That work is anticipated to cost between $250,000 and $300,000.

According to the City’s adopted purchasing policy, purchases of equipment in excess of $25,000 need to be approved by the City Council. The manufacture and installation of these art statues are a sole source product, as it must match the other existing art statues at this location and as such, does not require competitive bidding. Therefore, National Sculptor’s Guild, Loveland, Colorado has been selected to do this work.

FISCAL IMPACT
Funding for this project was not included in the FY 2024-25 budget. An appropriation of $300,000 will be needed utilizing the Art Fund. Staff has filed a claim with the City’s insurance carrier for the theft of the two stolen art statues. The City’s deductible is $10,000 per incident. After the City receives payment from our insurance carrier, these funds will be placed back into the Art Fund.

Agenda Report June 25, 2024
ART STATUES FOR PARAMOUNT POND Page 2

RECOMMENDED ACTION
1) Appropriate $300,000 from the Art Fund; and 2) Authorize the reinforcement of two existing statues and the purchase and installation of two replacement bronze art statues for the Paramount Pond from National Sculptors’ Guild, Loveland, Colorado, in an amount not to exceed $300,000.

To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 25, 2024
SUBJECT: AMENDMENT NO. 1 TO THE MEASURE R FUNDING AGREEMENT

WITH THE LOS ANGELES COUNTY METROPOLITAN

TRANSPORTATION AUTHORITY (LACMTA) FOR THE ALONDRA

BOULEVARD IMPROVEMENTS PROJECT FROM HUNSAKER AVENUE

TO LAKEWOOD BOULEVARD

BACKGROUND
In December 2020, City Council approved a funding agreement with the Los Angeles County Metropolitan Transportation Authority (Metro) for the design and environmental clearance work for the Alondra Boulevard Improvements Project from Hunsaker Avenue to Lakewood Boulevard. Metro approved $4,600,000 for total design costs for the project, which is intended to improve traffic flow and reduce congestion on Alondra Boulevard as part of the Interstate 605 and State Route 91 “Hot Spots” Interchange Program. The proposed improvements consist of roadway and intersection widening, median modifications, parkway narrowing, undergrounding of utilities, ADA sidewalk and curb ramp improvements, LED street lighting, green streets improvements, and traffic signal modifications.

DISCUSSION
Following a preliminary design, discussion ensued regarding the timeline and funding required for the underground of utilities. Staff requested a modification to the scope in order to proceed with necessary adjustments to intersection widening to accommodate added left turn pockets where applicable. A request was then sent to Metro to modify that scope and extend the term to June 30, 2026. Amendment No. 1 authorizes those adjustments. There is no modification to the funding amounts.

FISCAL IMPACT
No additional budget appropriation is needed as funding has been included in the FY2023-24 and FY2024-25 budgets utilizing Metro grant funds.

Agenda Report June 25, 2024
AMENDMENT NO. 1 TO MEASURE R FUNDING AGREEMENT Page 2

RECOMMENDED ACTION
Approve Amendment No. 1 to the Measure R Funding Agreement with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Alondra Boulevard Improvements Project from Hunsaker Avenue to Lakewood Boulevard and authorize the Mayor or her designee to execute the Amendment.

FTIP #: LA9918916
Subregion ID: I-605/SR-91/ I-405 Corridor “Hot
Spots”
Project#: MR315.20
Amendment No. 1
FA# 9200000000MR31520
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No.1 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF PARAMOUNT AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 1 to the Funding Agreement (this “Amendment”), is dated as of March 22, 2024 by and between the City of Paramount ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. 9200000000MR31520, dated August 3, 2020, (the "Existing FA"), which Existing FA provides for the Alondra Boulevard Improvements (the “Project”); and B. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates to meet PAED, PS&E, ROW, and Construction time frames; and
C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of the Project funds programmed for Fiscal Year (FY) 2020-21 to June 30, 2026; and D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

FTIP #: LA9918916
Subregion ID: I-605/SR-91/ I-405 Corridor “Hot
Spots”
Project#: MR315.20
Amendment No. 1
FA# 9200000000MR31520
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 (v) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(v) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY2020-21 are subject to lapse by June 30, 2026. ”

2. Attachment B-1 of the Existing FA is hereby replaced by Attachment B-1-1, attached.

3. Attachment C of the Existing FA is hereby replaced by Attachment C-1, attached.

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

FTIP #: LA9918916
Subregion ID: I-605/SR-91/ I-405 Corridor “Hot
Spots”
Project#: MR315.20
Amendment No. 1
FA# 920000000MR31520
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:

City of Paramount
By: _______________________________________ Date: ____________________ City Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ John E. Cavanaugh
City Attorney
SOURCES OF FUNDS Prior
Expenditures
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $1,135,000 $0 $65,000 $315,000 $85,000 $1,600,000
PS&E $250,000 $485,000 $435,000 $380,000 $1,550,000
RW Support $0
Const. Support $0
RW $0
Construction $0
SUM PROG LACMTA FUNDS: $1,135,000 $0 $65,000 $315,000 $335,000 $485,000 $435,000 $380,000 $3,150,000 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY23-24 and FY24-25 $1,135,000 $0 $65,000 $315,000 $335,000 $485,000 $435,000 $380,000 $3,150,000 SOURCES OF FUNDS FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
FY 2027-28
Qtr 1
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $465,000 $495,000 $490,000 $1,450,000
RW Support $0
Const. Support $0
RW $0
Construction $0
SUM PROG LACMTA FUNDS: $465,000 $495,000 $490,000 $0 $0 $0 $0 $0 $1,450,000 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY25-26 $465,000 $495,000 $490,000 $0 $0 $0 $0 $0 $1,450,000

SUMMARY OF ALL FUNDS
PAED $1,135,000 $0 $65,000 $315,000 $85,000 $0 $0 $0 $1,600,000 PS&E $465,000 $495,000 $490,000 $0 $250,000 $485,000 $435,000 $380,000 $3,000,000 RW Support $0 $0 $0 $0 $0 $0 $0 $0 $0
Const. Support $0 $0 $0 $0 $0 $0 $0 $0 $0
RW $0 $0 $0 $0 $0 $0 $0 $0 $0
Construction $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL MILESTONES $1,600,000 $495,000 $555,000 $315,000 $335,000 $485,000 $435,000 $380,000 $4,600,000 SUM PROG LACMTA FUNDS $1,600,000 $495,000 $555,000 $315,000 $335,000 $485,000 $435,000 $380,000 $4,600,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $1,600,000 $495,000 $555,000 $315,000 $335,000 $485,000 $435,000 $380,000 $4,600,000 ATTACHMENT B1-1- EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR315.20 A-1 Project Title: Alondra Boulevard Improvements Project Project#: MR315.20

PROGRAMMED SOURCES OF FUNDS
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.20
Amendment 1
FA# 9200000000MR31520
Rev: 05.03.19 1 FA Measure R Hwys Gen Attachment C Scope of Work ATTACHMENT C-1

SCOPE OF WORK
PROJECT TITLE:

Alondra Boulevard Improvements
PROJECT LOCATION:

The Project is located on Alondra Boulevard from Hunsaker Avenue to Lakewood Boulevard in the south part of the City of Paramount.

PROJECT LIMITS:

The project limits span approximately 2.3 miles of Alondra Boulevard from Hunsaker Avenue to Lakewood Boulevard in the City of Paramount.

NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:

The purpose of this project is to improve traffic flow and reduce congestion on Alondra Boulevard as part of the I-605/SR-91 “Hot Spots” Interchange Program. This project will increase roadway capacity by adding a third lane in each direction and signal coordination improvements on Alondra Boulevard and relieve existing traffic deficiencies due to congestion.

PROJECT BACKGROUND:

Alondra Boulevard serves as a major link to the I-605 and SR-91 Freeways; the project is located less than one mile from SR-91 intersections #12B (Atlantic), #13 (Cherry), #14A (Paramount), #14B (Downey), and #15A (Lakewood), and 2.5 miles from I-605 intersection #7B (Alondra). Alondra Boulevard is a major truck route with existing traffic deficiencies due to congestion. The proposed improvements – roadway and intersection widening, traffic signal improvements, raised median and parkway improvements, and ADA sidewalk and curb ramp improvements – will increase roadway capacity by adding a third lane in each direction and traffic signal coordination.

In order to accommodate the roadway widening and provide ADA accessible sidewalks and curb ramps at all crossings, existing interfering overhead utility facilities located within the project right-of-way will be undergrounded. This project element requires a feasibility and cost-benefit analysis, to be completed as part of the preliminary engineering work. Prior to commencing with PS&E, the City will present the results of the feasibility and cost-benefit analysis to the SR-91/I-605/I-405 Technical Advisory Committee.

The City intends to seek outside funds for construction.

PROJECT BUDGET:

COMPONENT AMOUNT
PA/ED $1,600,000*
PS and E $3,000,000
R/W Support 0
R/W Capital 0
Construction Support 0
Construction Capital 0
Total Budget $4,600,000

*The anticipated costs for PA/ED include $250,000 for the Environmental Document, $1,200,000 for Preliminary Design, and $150,000 for the Cost-Benefit Analysis.

FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.20
Amendment 1
FA# 9200000000MR31520
Rev: 05.03.19 2 FA Measure R Hwys Gen Attachment C Scope of Work SCOPE:

The Project includes Preliminary Design (project approval/environmental documentation [PA/ED]) and Final Design (plans, specifications, and estimate [PS&E] and utility undergrounding design) for the following features:
• Addition of a third travel lane on Alondra Boulevard in each direction between Hunsaker Avenue and Lakewood Boulevard.
• Replacing traffic signals and widening at 10 intersections to accommodate the roadway widening. • Reconstruction of the existing raised median and parkway to accommodate the roadway widening. • Reconstruction of the sidewalk along Alondra Boulevard and curb ramps at study area intersections to meet current ADA standards.

I. PA/ED (Preliminary Design, Environmental Document, Cost-Benefit Analysis) A. Account for field visits of the project area to identify design issues. Record existing site conditions in photographs and/or video.

B. Read, review, and understand all aspects and goals of the Lead Agency’s General Plan Circulation Element and other plans as these plans pertain to the improvements contemplated by this project.

C. Provide layout plans to be incorporated into the final design.

D. Provide a complete survey of the project area, establishing horizontal and vertical control for the project. Mapping shall include topographic features within 50 feet of project area.

E. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.

F. Conduct geotechnical investigations of the project area.

G. Identify street pavement structural sections for the project area.

H. Identify all drainage/BMP structure improvements, based upon hydrology, hydraulic calculations, and water quality issues. (Structural BMPs shall be incorporated into the street design for storm water quality improvements prior to entering natural waterways.) I. Prepare and submit a report identifying the ultimate alignment of roadway improvements, as well as the recommended ultimate repair strategy. Prepare and provide CAD drawings of the proposed alignment, including vertical and horizontal alignment, improvements, and drainage/BMP structures.

J. Prepare and submit design plans at 35% completion.

K. Prepare and submit a preliminary Engineer’s construction cost estimate for all recommended improvements.

L. Define a complete and detailed project description and delineate project study areas that will meet the needs of technical analyses and Initial Study/Mitigated Negative Declaration (IS/MND).

M. Conduct the required technical analysis for the project.

N. Prepare, following completion of appropriate technical analysis, an Administrative Draft IS checklist for review and approval by the City.

O. Prepare the Draft IS and Draft MND for public circulation.

P. Prepare responses to public review of Draft and prepare a Final MND and submit for review to the City.

Q. Prepare a Mitigation Monitoring and Reporting Program (MMRP).

R. Coordinate with the City and prepare permit applications/notifications for the Project as applicable.

S. Prepare feasibility and cost-effectiveness analysis for undergrounding overhead utility facilities.

Deliverables/Final Work Product: (1) preliminary design plans, including layout plans to be incorporated into final design, survey with topographic features, utility locations, results of geotechnical investigations, identification of street pavement structural sections, identification of drainage/BMP structure improvements, recommended ultimate alignment of roadway improvements, and repair strategy; (2) design plans at 35% completion; (3) CAD drawings; (4) preliminary engineer’s construction cost estimate; (5) environmental technical analyses; (6) draft Initial Study and checklist; (7) draft and final Mitigated Negative Declaration; (8) Mitigation Monitoring and Reporting Program; (9) feasibility and cost- FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.20
Amendment 1
FA# 9200000000MR31520
Rev: 05.03.19 3 FA Measure R Hwys Gen Attachment C Scope of Work effectiveness analysis for undergrounding overhead utility facilities.

II. PS&E (Plans, Specifications, and Estimate)
A. Design the ultimate build-out of the improvements along Alondra Boulevard.

B. Prepare civil roadway plans for the required improvements, consistent with City format. At a minimum, the plan set shall include Title Sheet, Site Plan, General Construction Notes, Horizontal Control, Typical Sections and Details, Plan and Profile, Drainage/BMP Structure(s) Details, Traffic Striping/Signage/Signal Plans, Street Lighting/Electrical, and Median/Landscaping Plans.

C. Submittal of plan set shall be delivered at 65% and 95% complete and final (five (5) sets per submittal). When project is complete, the Consultant shall provide AutoCAD files for all plan sheets.

D. Assist the City in preparing for the Community Information Workshop after the 95% submittal by preparing exhibits and attending workshop to discuss concerns of the property owners along Alondra Boulevard.

E. Prepare construction specifications consistent with City format (SSPWC “Greenbook” APWA, current edition with updates).

F. Submittal of specifications shall be delivered to the City at 95% complete and final. When project is complete, the Consultant shall provide a digital file of specification package in Microsoft Word format for Windows.

G. Prepare an engineer’s construction cost estimate based on the itemized quantity take-off from the contract documents.

H. Submittal of the engineer’s construction cost estimate shall be delivered to the City at 95% complete and final in a spreadsheet format.

I. From Southern California Edison: undergrounding plans for overhead facilities.

Deliverables/Final Work Product: (1) design plans at 65% and 95% completion; (2) final design plans; (3) project specifications at 95% completion; (4) final specifications; (5) engineer’s construction cost estimate at 95% completion; (6) final engineer’s construction cost estimate; (7) Southern California Edison undergrounding plans for overhead facilities.

III. Project Management; Preparation of Updated Schedule, Deliverables; and Meetings A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall include but not be limited to: Project Kick-off Meeting, presentation of “Summary Letter Report,” progress meetings, and preparation for the Community Information Workshop at 95% design completion.

B. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.

NOTE: The scope of work for this MOU includes ONLY:
• PA/ED
• PS&E
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.20
Amendment 1
FA# 9200000000MR31520
Rev: 05.03.19 4 FA Measure R Hwys Gen Attachment C Scope of Work MILESTONES: The implementation schedule for this project will be as follows.

START DATE COMPLETION DATE
PA/ED
Preliminary Design (35% PS&E)
Preliminary Investigations 9/2021 3/2025
Utilities 9/2021 3/2025
Estimating 6/2022 3/2025
Civil Design 9/2021 3/2025
Structural Design 9/2021 3/2025
Environmental Document
Prepare Environmental Document
Document Type: IS/MND 9/2021 3/2025
Scoping 9/2021 1/2025
Technical Studies 10/2021 1/2025
Draft Environmental Document 10/2021 1/2025
Final Environmental Document 6/2022 2/2025
Secure Project Approval 9/2022 3/2025
Environmental Document Filing 10/2022 3/2025
Cost-Benefit Analysis:

Utility Undergrounding
Prepare Feasibility and Cost-Effectiveness
Analysis
11/2022 3/2025
PS&E
65% PS&E
Civil Design Plans 1/2025 12/2025
Right-of-Way Engineering 1/2025 12/2025
Structural Design 1/2025 12/2025
Prepare Project Cost Estimate 1/2025 12/2025
95% PS&E
Civil Design Plans 12/2025 5/2026
Structural Design 12/2025 5/2026
Submittals & Reviews
Submit Final PS&E 5/2026 6/2026
Undergrounding of Overhead Facilities 9/2025 6/2026
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.20
Amendment 1
FA# 9200000000MR31520
Rev: 05.03.19 5 FA Measure R Hwys Gen Attachment C Scope of Work ATTACHMENT C-1 – Location Map(s)

Alondra Boulevard (Hunsaker Avenue to Lakewood Boulevard) City of Paramount

To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 25, 2024
SUBJECT: ACCEPTANCE OF WORK FOR PARAMOUNT POOL INTERIOR UPGRADES (CITY PROJECT NO. 9354)

BACKGROUND
After a full remodel of the exterior of Paramount Pool, included in the FY 2023-24 Capital Improvement Projects Budget was a project to remodel some of the interior locker rooms.

The project included replacement of old nonfunctioning lockers, replacement of floor tiles, repainting, and refinishing of cabinetry in the lobby area.

This project was awarded to Remmi Construction, Inc. at the September 26, 2023 City Council meeting. Also in September staff encountered mechanical issues with the pool boilers that necessitated the replacement of two units, which were then performed under emergency conditions utilizing the services of Sarris, Inc.

DISCUSSION
The work performed under this contract has been inspected under the supervision of the Public Works Director, in conformance with Section 6-8 of the Standard Specifications for Public Works Construction.

The project was completed on May 19, 2024 and the Notice of Completion will be filed with the Los Angeles County Recorder’s office after approval by the City Council. The contract retention will be held for thirty-five (35) days from that date.

The final construction cost of $380,000, which includes necessary change orders and emergency replacement of the pool boilers, is above the budgeted amount of $317,770.

The additional $62,300 needed for this project will need to be appropriated in the FY2023- 24 budget utilizing General Funds.

FISCAL IMPACT
The total project cost of $380,000 exceeds the budgeted amount of $317,700. An additional appropriation of $62,300 will need to be included in the FY2023-24 budget utilizing General Funds.

Agenda Report June 25, 2024
ACCEPTANCE OF WORK Page 2

RECOMMENDED ACTION
1) Appropriate an additional $62,300 in the FY2023-24 Budget for this project utilizing General Funds; and 2) Accept the work performed by Remmi Construction, Inc., Riverside, California, for the construction of the Paramount Pool Interior Improvements and authorize payment of the remaining retention.

To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Danny Elizarraras, Management Analyst
Date: June 25, 2024
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES

COUNTY PROBATION DEPARTMENT FOR THE YOUTH ACTIVITIES
LEAGUE

BACKGROUND
The City of Paramount is requesting approval for the Memorandum of Understanding (MOU) with the Los Angeles County Probation Department for the Juvenile Justice Crime Prevention Act (JJCPA) for the Los Angeles County Sheriff’s Youth Activities League (YAL). This MOU aims to support the Youth Activities League in Paramount with funding provided by the Probation Department through JJCPA funds as approved by the Los Angeles County Board of Supervisors.

The Youth Activities League is part of the Los Angeles County Sheriff’s Youth Foundation and has operated successfully at Spane Park for the past three years. The program currently serves 80 participants. Under the mentorship of a Deputy Sheriff, Program Lead, Academic Advisor, and Fitness Coach, the YAL program is a positive alternative to gang membership and provides youth ages 7 to 17 a safe and healthy environment during the most critical hours of the day, 3:00 p.m. to 7:00 p.m., when many parents are not yet home. Participants are provided guidance, life skills, martial arts, sports, academic enrichment activities, and youth leadership development skills. In addition to empowering its youth, the program stresses the importance of pursuing higher education and teaches life lessons aimed at helping each individual lead an ethical and productive life. The free program emphasizes education, promotes resiliency and connects youth and their families with available resources. Funding provided by JJCPA supports civilian staff contractors; excursions that include college tours, recreational activities, performing arts, and museums; and equipment and supplies for the program.

DISCUSSION
The terms of the attached Memorandum of Understanding (MOU), from the County Probation Department provide the City with $119,932 for the YAL Program from July 1, 2024, through June 30, 2025. Staff has reviewed the MOU and supports all the provisions.

Agenda Report June 25, 2024
MOU WITH THE LA COUNTY PROBATION DEPARTMENT Page 2
The YAL Program also utilizes three dedicated independent contractors to provide professional services to enhance the year-round program.

FISCAL IMPACT
The cost of this program was included in the FY 2024-25 Budget under the Sworn Division. Under the MOU, the County of Los Angeles Probation Department will reimburse the City in an amount not to exceed $119,932 for all expenses of the YAL Program.

RECOMMENDED ACTION
Approve and authorize the City Manager to execute the MOU with the Los Angeles County Probation Department and associated dedicated independent contractor agreements for the Youth Activities League.

FY 2024-2025 MOU # 640-24

Page 1 of 7 ends

MEMORANDUM OF UNDERSTANDING

BETWEEN

COUNTY OF LOS ANGELES PROBATION DEPARTMENT
AND

CITY OF PARAMOUNT
FOR

THE JUVENILE JUSTICE CRIME PREVENTION ACT (JJCPA)
EXPANSION OF THE LOS ANGELES COUNTY SHERRIFF’S

YOUTH ACTIVITIES LEAGUE
This Memorandum of Understanding (MOU) is made into this day of , 2024 between the County of Los Angeles Probation Department, hereinafter referred to as County and the City of Paramount, hereinafter referred to as City.

I. PURPOSE
The purpose of this MOU is to support the expansion of the Los Angeles County Sheriff’s Youth Activities League (YAL), hereinafter referred to as YAL Program in in the City of Paramount with funding provided by County through JJCPA funds as approved by the Board of Supervisors.

Under the mentorship of a Sheriff’s Deputy, the YAL Program in the City is a positive alternative to gang membership and provides children, ages 7 to 17, a safe haven. The heart of the YAL Program is a passionate belief that education is the most powerful tool youth can have to find success in their lives and avoid the gang culture. The program is offered at no-cost and emphasizes education as a pathway to enhance the youth’s quality of life. In addition, the program promotes resiliency and physical fitness, and connects youth and families with available resources. Funding provided by JJCPA supports civilian staff and expanded programming.

The Program operates Monday through Thursday from 3:00 p.m. – 7:00 p.m., as well as special events on the weekends and overnight excursions. Children receive tutoring, help with homework assignments, and are exposed to a variety of enrichment and prosocial activities, which vary day-to-day, and include:
• Professional services from subject matter expert instructors that teach YAL participants recreational and educational activities such as dance, computer science, music, martial arts, and other healthy and productive hobbies and pastimes that promote emotional and physical wellbeing. • Recreational and athletic activities.
• Prosocial activities such as dance, motivational speakers, and talent shows, attending professional sporting events, beach trips, university and college excursions, leadership academies, and overnight camping and college trips, and other prosocial activities.

FY 2024-2025 MOU # 640-24

Page 2 of 7 ends

• Excursions: university and college tours, field trips, museums, overnight camping and college and university trips, overnight leadership academies, and a holiday or year-end annual recognition event.

In many cases, the YAL Program serves as a “second home” for children in the community and a “town center” for their families.

II. TERM
The term of the MOU should commence upon the execution date through June 30, 2025. Any additional renewals commencing after July 1, 2025, will be subject to approval by County and City.

III. FUNDING
City shall receive funds from County in an amount not to exceed One Hundred Nineteen Thousand, Nine Hundred and Thirty Dollars ($119,932.00) for the YAL Program, as detailed in the Budget (Attachment A). Changes to the Budget require signed written approval by both parties.

IV. COUNTY RESPONSIBILITIES
County will provide JJCPA one-time funding and collaborate with City regarding data collection and reporting requirements.

V. CITY RESPONSIBILITIES
Subject to JJCPA funding, City agrees to all provisions in this MOU, including the administrative and financial management of the fiscal provisions in accordance with the Budget (Attachment A), in coordination with the Los Angeles County Sheriff’s Deputy assigned as the YAL Program Manager in Paramount through the City-County Agreement for Municipal Law Enforcement Services.

The City shall fund three civilian positions to implement an after-school enrichment program. The YAL Program will operate daily, Monday through Thursday, from 3:00-7:00pm, as well as coordinate special events on the weekends and overnight excursions. Youth will receive tutoring and homework assistance from 3:00-4:30 pm via City Staff and Tutor/Academic Advisor (civilian contractor). Thereafter, the program will consist of enrichment activities until 7 p.m. to include:
• Life skills, educational, recreational presentations and workshops that promote healthy emotional and physical wellbeing.
• Recreational and athletic activities.
• Prosocial activities.

Data Collection and Program Effectiveness Evaluation:
• Required JJCPA data collection shall include, minimally, the monthly FY 2024-2025 MOU # 640-24

Page 3 of 7 ends

submission of the following data on all youth served:
o Program Start Date
o Program End Date
o Last Name
o First Name
o Date of Birth
o Ethnicity
o Gender
o Zip Code of Residence
o Sign-in sheets for applicable program event/sessions (indicating one-time event or on-going sessions)
o At the end of the funded Fiscal Year, status of each participant by applicable program activity:
▪ Completed and date, if completed
▪ Did not complete, date and reason
▪ In progress
• Required additional data in order to adequately assess program effectiveness at reducing juvenile crime and delinquency. • For the last month of the Fiscal Year, submit data by July 15, 2025. • The Agency shall identify a Program Manager who will serve as the point person for contracts with County (regarding operations, budget/budget modifications, fiscal and MOU).
• Required JJCPA data collection shall include the monthly submission of the following on all youth served; for the last month of the Fiscal Year, 2024- 2025, the data will be due on the July 15, 2025; submit all data via email to:

[email protected]
VI. CONFIDENTIALITY
County and City shall maintain the confidentiality of all records and information relating to juvenile participants under this MOU. This shall be in accordance with Welfare & Institutions Code (WIC) provisions, as well as all other applicable State and County laws, ordinances, regulations, and directives relating to confidentiality.

County and City shall inform all their managers, supervisors, employees, and contractor providers providing services hereunder, of the confidentiality provision of this MOU.

In no case shall records or information pertaining to participants be disclosed to any person, except designated County and City employees without the written permission of a Probation Director, or other authorized representative.

VII. FISCAL PROVISIONS
County shall make payments to City for services rendered pursuant to this MOU.

Such payment shall be made from the JJCPA funds and Board approved County funds. Payment terms are as follows:
• City shall submit Departmental invoices monthly that comply with AuditorController guidelines. Expenditures must correspond to the approved budget.

Changes to the budget require signed written approval of both parties.

FY 2024-2025 MOU # 640-24

Page 4 of 7 ends

• Departmental invoices with supporting documentation should be submitted by the 25th of the following service month to:

Hongjun Yu
Budget & Fiscal Services
Probation Department
9150 East Imperial Highway, Room P-73
Downey, CA 90242
Phone: (562) 940-2680
Fax: (562) 940-2459
Email: [email protected]
• Supporting documentation shall include salary and employee benefit expenditures by item, site, and shift. Training and operating expenses are to be identified by site.
• If an audit of the program covered in this MOU identifies and disallows ineligible costs, City shall reimburse County the amount of the over-payment. • The City shall email estimated Fiscal Year (FY) 2024-2025 expenditures for each month to the following: [email protected] VIII. LIABILITY
Each of the parties to this MOU is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement is defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this MOU, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Sheriff and County certifies that it has adequate self-insured retention of funds to meet any obligation arising from this MOU.

IX. BACKGROUND AND SECURITY INVESTIGATIONS
The City shall be responsible for ongoing implementation and monitoring of the following Paragraphs IX. 1 through IX. 7 listed below. The City shall promptly report, in writing, any issues of compliance with this section.

1. No personnel employed by the City for the program having access to County information or records shall have a criminal conviction record or pending criminal trial unless such information has been fully disclosed and employment FY 2024-2025 MOU # 640-24

Page 5 of 7 ends

of the employee for this program is approved in writing by County.

2. County reserves the right to conduct a background investigation of the City’s prospective employees prior to employment or assignment to duties under this MOU and further reserves the right to conduct a background investigation of the City’s employees at any time and to bar such employees from working on the MOU under appropriate circumstances.

3. County reserves the right to preclude the City from employment or continued employment of any individual services under this MOU at County’s sole discretion.

4. No personnel employed by the City for this project shall be on active probation or parole currently or within the last three (3) years.

5. The City and its employees shall be under a continuing obligation to disclose any prior or subsequent criminal conviction record or any pending criminal trial to the County.

6. The City shall submit the names of employees to the Program Manager prior to the employee starting work on this MOU. County will schedule appointments to conduct background investigation/record checks based on fingerprints of the City’s employees and further reserves the right to conduct a background investigation of the City’s employees at any time. The City’s employees shall not begin work on this MOU before receiving written notification of clearance from the County.

7. Because County is charged by the State for checking the criminal records of the City's employees, County will bill the City to recover these expenses. The current amount is forty-nine dollars ($49.00) per record check which is subject to change by the State.

X. SUSPENSION
Either party may suspend all or part of the project operation for failure by the other to comply with the terms and conditions of this MOU by giving written, which shall be effective upon receipt.
• Said notice shall set forth the specific conditions of non-compliance and shall provide a reasonable period for corrective action.

XI. AMENDMENTS
This MOU may only be amended by mutual written consent of both parties. Neither verbal agreements nor conversation by any officers, employees and/or representatives of either party shall affect or modify any of the terms and conditions of this MOU.

Any change to the terms of this MOU, including those affecting the responsibilities of the parties and/or the rate and/or method of compensation shall be incorporated FY 2024-2025 MOU # 640-24

Page 6 of 7 ends

into this MOU by a written amendment that is properly executed.

IN WITNESS WHEREOF, County of Los Angeles and City have caused this MOU to be executed on their behalf by their authorized representatives, the day, month and year first above written. The person signing on behalf of the City warrants he or she is authorized to bind the City, and attest under penalty of perjury to the truth and authenticity of representations made and documents submitted and incorporated as part of this MOU.

COUNTY OF LOS ANGELES CITY OF PARAMOUNT
By By

GUILLERMO VIERA ROSA JOHN MORENO
INTERIM CHIEF PROBATION OFFICER City Manager
Date: Date:

APPROVED AS TO FORM:

DAWYN HARRISON

COUNTY COUNSEL
By
JASON C. CARNEVALE

DEPUTY COUNTY COUNSEL
Date:

City of Paramount, YAL Program, Probation Funding Budget Fiscal Year 2024-2025

ATTACHMENT A
BUDGET
Probation Funding: JJCPA
I. YAL PROGRAM EXPENDITURES
A. PERSONNEL COSTS (Direct Cost) $90,932.00
Civilian Positions (3-4):

Fitness Coach, Program Lead, and Tutor/Academic Advisor, Life Coach B. OPERATING COSTS (Indirect Cost) $29,000.00

1. Excursions $11,000.00
Excursions include university and college tours, field trips, overnight camping and college and university trips, overnight leadership academies, and a holiday or yearend annual recognition event.

2. Professional Services $4,000.00
Professional services include subject matter expert instructors that teach YAL participants recreational and educational activities such as dance, computer science, music, martial arts, and other healthy and productive hobbies, and pastimes that promote emotional and physical wellbeing.

3. Equipment and Supplies $5,000.00
Equipment and supplies consist of school supplies, computers, ink, arts and crafts, small furniture, and other essential necessities.

4. Administrative Cost $9,000.00
15% of total allocation. Not to exceed total allocation.

TOTAL APPROVED BUDGET $119,932.00
CONTACTS: YAL Program Manager, Deputy Mayra Aguilar, [email protected], (562) 314-9724 or Public Safety Director, Margarita Matson, [email protected], (562) 220-2002. *Amounts may be adjusted to match funds awarded by JJCPA.

CITY OF PARAMOUNT

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 1, 2024, between the City of Paramount, acting by through its Public Safety Department, hereinafter referred to as the (“Representative”) and, Harold Michael Lucambio ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SERVICES – Contractor shall assist with implementing after-school enrichment activities for the Sheriff’s Youth Activities League (YAL) in Paramount. Youth will receive physical fitness, self-defense training and character development:
• Provide physical fitness guidance and assistance for YAL Participants through Boxing, Jiu-Jitsu, and Muay Thai training to develop a healthy lifestyle.
• Learning essential self-defense techniques, while also learning awareness, indicators and principles to avoid physical altercations. • Help students develop good character and confidence that values discipline, responsibility, and respect for themselves and others. • Teach YAL Participants to defuse confrontation with words and never initiate physical aggression.
• Support the daily operations of the YAL under the direction of the Program Manager.
• Assist with developing YAL Program goals and objectives. • Provide support with the Life Skills presentations and workshops. • Community Service Outreach.
• Assist with recreation activities in accordance with established YAL Program goals.

The contractor shall provide services weekly, not to exceed 19-hours per week, during the days and times, and at the location, mutually agreed upon between the “Representative” and “Contractor”.

If the Program or Probation Department grant funding is canceled, the Agreement shall be terminated.

Additional hours will be paid at the regular hourly rate, pre-approved by the YAL Program Manager.

2. TERMS –
A. This Agreement shall be effective July 1, 2024, and shall terminate on June 30, 2025.

B. City may, without cause, terminate this Agreement at any time prior to June 30, 2025. Notice shall be complete when delivered in person or by facsimile or when received by mail, whichever is earlier. Termination shall be effective immediately upon notice, as described herein, unless a longer period of time is specified in the notice.

C. In the event this Agreement is terminated by City, Contractor shall be paid the value of services performed pursuant to this Agreement prior to the effective date of termination, less the amount of any payments previously made.

3. PERFORMANCE – Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.

Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.

Contractor represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Contractor and City relies upon the skills and knowledge of Contractor. Contractor shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California.

4. COMPENSATION – In consideration of the performance of services pursuant to section 1, the City of Paramount shall pay “Contractor” $31.00 per hour of services provided by Contractor.

5. METHOD OF PAYMENT – The compensation provided in section 4 shall be paid on a bi-weekly basis upon receipt of Contractor’s invoices approved by the YAL Program Manager.

6. COMPLIANCE – “Contractor”, in the conduct of services contemplated hereunder, shall comply with all statutes, State or Federal, and all ordinances, rules and regulations enacted or issued by the City Council of the City of Paramount and the “Representative”.

7. PURPOSE – The services the “Contractor”, performs pursuant to this Agreement are intended to support the expansion of the YAL program by increasing participants afterschool enrichment opportunities.

8. INDEPENDENT CONTRACTOR – Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as gents, employees, partners, or joint ventures of one another. “Contractor” is not an employee of the City of Paramount and is not entitled to any of the rights benefits or privileges of City employees, including but not limited to medical or Worker’s Compensation Insurance.

9. HOLD HARMLESS – “Contractor” shall keep and save free and harmless the City of Paramount, its boards, officers, agents and employees from and against any and all claims, demands, liabilities, actions or causes of action of any name or nature which may be asserted prosecuted or established against them, (including attorney’s fees) or any of them for damages of any name or nature arising out of or in any manner connected with the conduct of the aforesaid services by the “Contractor”.

10.DEFAULT – If either party hereto fails or refuses to perform any of the provisions hereof imposed upon such party hereunder at the time and in the manner required hereunder, such party shall be deemed in default in the performance of this Agreement. If such default is not cured within (10) days after receipt by such defaulting party from the other party hereto of such default and the steps necessary to cure such fault, such other party may terminate the Agreement by giving to the defaulting party written notice thereof.

11.ASSIGNMENT – “Contractor” shall not assign or otherwise transfer this Agreement or any interest therein, or moneys payable hereunder.

12.NOTICES – Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Paramount
Attention: Public Safety Director
15001 Paramount Boulevard
Paramount, California 90723
Contractor : Harold Michael Lucambio
10222 Gregory Street
Cypress, California 90630

13.PREVIOUS AGREEMENT – Any and all existing agreements, or renewal thereof, between the parties hereto; covering the same subject matter, are hereby canceled and superseded by this agreement.

14. PARAGRAPH HEADINGS – The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above.

CITY OF PARAMOUNT
By:_____________________________
John Moreno, City Manager
APPROVED AS TO FORM:

By:_____________________________
John E. Cavanaugh, City Attorney

CONTRACTOR
By:_____________________________
Harold Michael Lucambio, Contractor

CITY OF PARAMOUNT

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 1, 2024, between the City of Paramount, acting by through its Public Safety Department, hereinafter referred to as the (“Representative”) and, Marjorie Maria Meza ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SERVICES – Contractor shall assist with implementing after-school enrichment activities for the Sheriff’s Youth Activities League (YAL) in Paramount. Youth will receive tutoring and homework assistance, and enrichment activities to include:
• Provide educational guidance and assistance for YAL Participants by planning schedules, recommending courses, and determining appropriate education solutions.
• Monitor progress toward educational goals and meet at least once each semester to review the progress toward completing the proposed academic program and to discuss grades and other performance indicators. • Help students develop study skills and organization techniques to help improve their academic performance.
• Provide homework assistance.
• Support the daily operations of the YAL under the direction of the Program Manager.
• Assist with developing goals and objectives.
• Provide support with the Life Skills presentations and workshops, including college tours.
• Community Service Outreach.
• Assist with recreation activities in accordance with established program goals.

If the Program or Probation Department grant funding is canceled, the Agreement shall be terminated.

Additional hours will be paid at the regular hourly rate, pre-approved by the YAL Program Manager.

2. TERMS –
A. This Agreement shall be effective July 1, 2024, and shall terminate on June 30, 2025.

3. PERFORMANCE – Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.

4. COMPENSATION – In consideration of the performance of services pursuant to section 1, the City of Paramount shall pay “Contractor” $28.00 per hour of services provided by Contractor.

5. METHOD OF PAYMENT – The compensation provided in section 4 shall be paid on a bi-weekly basis upon receipt of Contractor’s invoices approved by the YAL Program Manager.

8. INDEPENDENT CONTRACTOR – Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint ventures of one another. “Contractor” is not an employee of the City of Paramount and is not entitled to any of the rights benefits or privileges of City employees, including but not limited to medical or Worker’s Compensation Insurance.

11.ASSIGNMENT – “Contractor” shall not assign or otherwise transfer this Agreement or any interest therein, or moneys payable hereunder.

To City: City of Paramount
Attention: Public Safety Director
15001 Paramount Boulevard
Paramount, California 90723
Contractor : Marjorie Maria Meza
12352 207th Street
Lakewood, California 90715

13.PREVIOUS AGREEMENT – Any and all existing agreements, or renewal thereof, between the parties hereto; covering the same subject matter, are hereby canceled and superseded by this agreement.

14. PARAGRAPH HEADINGS – The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above.

CITY OF PARAMOUNT
By:_____________________________
John Moreno, City Manager
APPROVED AS TO FORM:

By:_____________________________
John E. Cavanaugh, City Attorney

CONTRACTOR
By:_____________________________
Marjorie Maria Meza, Contractor

CITY OF PARAMOUNT

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 1, 2024, between the City of Paramount, acting by through its Public Safety Department, hereinafter referred to as the (“Representative”) and, Joanna Guadalupe Munoz ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SERVICES – Contractor shall assist with implementing after-school enrichment activities for the Sheriff’s Youth Activities League (YAL) in Paramount. Youth will receive tutoring and homework assistance, and enrichment activities to include:
• Assist Program Manager to oversee the daily operations of the YAL. • Assist with developing YAL Program goals and objectives. • Provide educational assistance and guidance to YAL participants. • Provide high-level support to the Life Skills presentations and workshops, including college tours.
• Research and coordinate community service and outreach efforts. • Performing Arts.
• Develop and implement educational and recreation activities in accordance with established YAL Program goals and objectives.
• Provide homework assistance.
• Research, plan and coordinate a variety of athletic, educational, and recreation events/programs (including dances, instructional classes, meetings, excursions, sporting and educational events).

If the Program or Probation Department grant funding is canceled, the Agreement shall be terminated.

Additional hours will be paid at the regular hourly rate, pre-approved by the YAL Program Manager.

2. TERMS –
A. This Agreement shall be effective July 1, 2024, and shall terminate on June 30, 2025.

3. PERFORMANCE – Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.

4. COMPENSATION – In consideration of the performance of services pursuant to section 1, the City of Paramount shall pay “Contractor” $30.00 per hour of services provided by Contractor.

5. METHOD OF PAYMENT – The compensation provided in section 4 shall be paid on a bi-weekly basis upon receipt of Contractor’s invoices approved by the YAL Program Manager.

11.ASSIGNMENT – “Contractor” shall not assign or otherwise transfer this Agreement or any interest therein, or moneys payable hereunder.

To City: City of Paramount
Attention: Public Safety Director
15001 Paramount Boulevard
Paramount, California 90723
Contractor : Joanna Guadalupe Munoz
7308 Howery Street
South Gate, California 90280

13.PREVIOUS AGREEMENT – Any and all existing agreements, or renewal thereof, between the parties hereto; covering the same subject matter, are hereby canceled and superseded by this agreement.

14.PARAGRAPH HEADINGS – The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above.

CITY OF PARAMOUNT
By:_____________________________
John Moreno, City Manager
APPROVED AS TO FORM:

By:_____________________________
John E. Cavanaugh, City Attorney

CONTRACTOR
By:_____________________________
Joanna Guadalupe Munoz, Contractor
To: Honorable City Council
From: John Moreno, City Manager
By: John Cavanaugh, City Attorney
Date: June 25, 2024
SUBJECT: CONSIDERATION OF APPROVAL OF THIRD AMENDMENT TO THAT

CERTAIN AMENDED AND RESTATED CITY MANAGER EMPLOYMENT
AGREEMENT AND RESOLUTION NO. 24:031 AMENDING FULL-TIME

SALARY TABLE

BACKGROUND
During the May 28, 2024 City Council closed session, the City Council directed the City Attorney to amend the City Manager’s Employment Agreement to increase the City Manager’s annual base salary. Currently, the City Manager’s annual base salary is set at $246,429. A recent survey of city manager salaries showed that the average salary in the region is $277,638. So, to bring the City Manager's salary in line with regional market rates, the City Council approved an increase of the City Manager’s annual base salary to $280,000, effective July 1, 2024.

Additionally, in a previous amendment to the City Manager’s Employment Agreement dated June 21, 2022, the City Council agreed to provide the City Manager with a phasedin 3-year salary increase that would be used solely to offset the employee’s out-of-pocket cost of the Employer Paid Member Contribution (EPMC) for CalPERS retirement. This increase is consistent with other Classic CalPERS Employees working for the City of Paramount. In June of 2023, this salary increase was 1.5% and the 3rd and final year of this increase is scheduled to take effect July 1, 2024, and is in the amount of 1%. This previously approved 1% increase would bring the total base salary to $282,408 per year, an increase of approximately 14.6%.

DISCUSSION
Attached for City Council review is a May 2024 survey showing City Manager salaries for seventeen cities in the surrounding region. The survey reveals that the average annual salary for a City Manager in these cities is $277,638. As of the survey date, Paramount had the lowest compensation for this position at $246,429.

Paramount’s current annual base salary of $246,429 for the City Manager position is significantly below this average. The most recent cost of living adjustment in June of 2023 was a modest 1.5%, which does not sufficiently address the disparity between the current salary and regional benchmarks. Moreover, as mentioned above, this 1.5% adjustment Agenda Report June 25, 2024
AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Page 2
was intended to offset the cost of the EPMC. A more substantial adjustment is necessary to better reflect the City Manager’s years of experience compared to other city managers in the region and ensure the City Manager’s compensation remains competitive in a dynamic economic environment.

By approving this salary increase, the City Council will ensure that Paramount remains competitive in the market, fosters a stable and effective leadership environment, and continues to attract and retain the best possible talent for managing the city’s operations and future growth.

All other provisions of the City Manager Employment Agreement remain unchanged.

Approval of the attached resolution will amend the FY 2024-25 salary schedule to reflect the proposed salary increase for this position.

FISCAL IMPACT
During the mid-year budget review process, the operating budget will be amended to reflect the increase to the City Manager salary as approved.

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
A. Approve the Third Amendment to the Amended and Restated City Manager Employment Agreement between the City of Paramount and John Moreno.

B. Read by title only and adopt Resolution No. 24:031 amending the full-time salary table.

City Manager Salary Survey
City/Population Base Salary Deferred Comp Monthly Car
Allowance Other Pay/Benefit Health Benefit
Norwalk
98,537
$345,324
City contributes $17,500
to 457 and 8% of base
salary to 401a plan
$600.00 Annual potential performance
bonus City pays full medical premium
South Gate
90,926
$307,656 N/A $250.00 N/A
Employee pays $200/mo.
towards medical. CalPERS Health
Plan Options - City pays Kaiser
rates, employee pays difference if
higher plan selected
Pico Rivera
62,088
$304,000
City will pay the maximum
IRS contribution for CM
457b plan
$700 $150 cell phone allowance City pays full medical for HMO Whittier
84,496
$292,046
Allowed to convert up to
3% of Executive Leave
towards deferred comp
$900/mo
60 hours of exec leave and
Receives 8% EPMC benefit, no
limit on accruals. PERS death
benefit, if employee dies during
tenure, spouse receives money
due.

City pays full medical premium
Lakewood
80,611
$289,302 N/A $500.00
6 months of 'severance' for
termination for an extended
leave taken for illness
City pays full medical premium
Downey
109,934
$287,456 N/A City provided vehicle N/A City pays full medical premium Updated on 05/28/2024
1 THIRD AMENDMENT TO THAT AMENDED AND RESTATED

CITY MANAGER EMPLOYMENT AGREEMENT

THIS THIRD AMENDMENT TO THAT AMENDED AND RESTATED CITY
MANAGER EMPLOYMENT AGREEMENT (the “Agreement”) is made at Paramount, California on the 25th day of June 2024, by and between the City of Paramount, a municipal corporation (“City”), and John Moreno, an individual, (“Manager”).

RECITALS

1. City and Manager entered into that certain Amended and Restated City Manager Employment Agreement (“Agreement”) beginning February 1, 2022, and continuing thereafter subject to the terms of the Agreement; and

2. City and Manager entered into a First Amendment to the Amended and Restated City Manager Employment Agreement on June 21, 2022; and

3. City and Manager entered into a Second Amendment to the Amended and Restated City Manager Employment Agreement on February 28, 2023; and

4. City and Manager desire to amend Section 4. Compensation of the Agreement to reflect an increase in Manager’s compensation which Manager has agreed to accept.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, it is hereby agreed by and between City and Manager to amend the Agreement as follows:

1. Section 4. Compensation
A. Salary. City agrees to pay Manager for his services rendered pursuant to this Agreement hereto an annual base salary, which salary shall be $282,408.00, effective July 1, 2024. This amount is inclusive of the 1% salary adjustment as approved in the First Amendment.

Except as expressly provided herein under this Third Amendment, all other provisions of that certain Amended and Restated City Manager Agreement dated February 1, 2022, amended on June 21, 2022, and amended on February 28, 2023, shall remain in full force and effect.

Executed this 25th day of June 2024 at Paramount, California. - SIGNATURES ON FOLLOWING PAGE-
2 “City”

CITY OF PARAMOUNT,
a municipal corporation
By: _______________________________
ANNETTE C. DELGADILLO, Mayor
“Manager”
______________________________

JOHN MORENO
ATTEST:
___________________________________
HEIDI LUCE, City Clerk
APPROVED AS TO FORM:
__________________________________
JOHN E. CAVANAUGH, City Attorney
City Manager Salary Survey
City/Population Base Salary Deferred Comp Monthly Car
Allowance Other Pay/Benefit Health Benefit
Bell Gardens
38,552
$281,282 N/A $650
$250 monthly technology
allowance for cell phone and
computer
City pays medical for Kaiser
Santa Fe Springs
18,678
$280,000 3% of salary contribution $500
$228,000 life insurance, 100%
long term distability, 60 hours of
exec leave
City pays up to $1,498.14 for
monthly premium, $450
reimbursement for vision care
Cerritos
48,394
$272,043 Not available Not available
Receives the same percentage
salary adjustments, such as
(COLA) as Department Directors
Not available
Bellflower
76,405
$271,000
City will pay the maximum
IRS contribution for CM
457b plan
$600.00 Upon termination, will be paid
unused sick and vacation leave
City pays up to $1,350 for
medical
Montery Park
59,667
$265,000
$250 matching
contribution per pay
period.
$600.00 80 hours administrative leave City pays up to $1,995 for health monthly premium
Lynwood
65,505
$260,000 $19,500 Annually
Utilizes an exisiting
vehicle owned by the
city
HRA Contribution: 2% of annual
salary, $300 cell phone stipend,
up to $10,000 annual bonus
based on performance
city pays 6% share of CalPERS
contribution
San Gabriel
38,670 $257,317 N/A $450 monthly issued cell phone; 85 hours admin leave.

City pays $1,600 for monthly
premium
Rosemead
50,245
$256,992 N/A City provided vehicle
$300.00 towards Wellness
Program, $100 cell phone
allowance. 120 sick leave hours
annually
city pays $1,700 for monthly
premium
Updated on 05/28/2024
City Manager Salary Survey
City/Population Base Salary Deferred Comp Monthly Car
Allowance Other Pay/Benefit Health Benefit
Signal Hill
11,563
$255,000 $15,000 annual
contribution City provided vehicle
$750 for wellness,63 hours of
exec leave, and an annual salary
review with performance
evaluation
City pays full medical premium.

La Mirada
46,658
$249,000
Half of max annual
contribution, 2024-
$11,500. City also provides
$800 match for all
employees, including CM.
$500 Also, $480 annually for cell
phone. City pays full medical premium.

Paramount
51,653
$246,429 City contributes 8% of
annual salary $600.00
City Council may approve a onetime monetary performance bonus incentive annually - not to
exceed 6.6% of base salary OR 3
weeks of vacation may be
granted in lieu of bonus. City
issued cell phone
City pays 85% of medical
premium
Average $277,638
Note: * While not in the survey, new Commerce City Manager (former Lynwood City Manager) base salary = $300,000 Updated on 05/28/2024

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:031

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT

AMENDING THE FULL-TIME SALARY TABLE
WHEREAS, the California Public Employees’ Retirement System requires, by regulation, that the City Council approve and adopt a pay schedule for every employee position; and
WHEREAS, such pay schedule shall be available for public review; and WHEREAS, posting of the pay schedule may be satisfied by listing on the employer’s internet website; and
WHEREAS, the pay schedule is hereby amended to include the adjusted City Manager salary, in the new amount of $282,408, effective July 1, 2024.

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 amended Full-Time Salary Table effective July 1, 2024 (Exhibit A) shall be posted on the City website.

SECTION 3. Such schedule shall be retained and available for public inspection for not less than five years
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 25th day of June 2024.

Annette C. Delgadillo, Mayor
ATTEST:

Heidi Luce, City Clerk
RESOLUTION NO. 24:031

Page 2 ends

EXHIBIT A

RANGE STEP A STEP B STEP C STEP D STEP E
137 4,682.70 4,916.84 5,162.68 5,420.82 5,691.86
140 4,824.59 5,065.82 5,319.12 5,585.07 5,864.32
142 4,921.57 5,167.65 5,426.03 5,697.33 5,982.20
148 5,224.34 5,485.56 5,759.84 6,047.83 6,350.22
151 5,382.65 5,651.78 5,934.37 6,231.09 6,542.64
157 5,713.79 5,999.48 6,299.45 6,614.42 6,945.15
160 5,886.92 6,181.27 6,490.33 6,814.85 7,155.59
163 6,065.30 6,368.57 6,687.00 7,021.35 7,372.41
165 6,187.21 6,496.58 6,821.40 7,162.47 7,520.60
170 6,502.82 6,827.97 7,169.36 7,527.83 7,904.22
173 6,699.87 7,034.86 7,386.60 7,755.93 8,143.73
178 7,041.63 7,393.71 7,763.39 8,151.56 8,559.14
182 7,327.55 7,693.92 8,078.62 8,482.55 8,906.68
183 7,400.82 7,770.86 8,159.41 8,567.38 8,995.74
186 7,625.07 8,006.33 8,406.64 8,826.98 9,268.32
188 7,778.34 8,167.25 8,575.62 9,004.40 9,454.62
192 8,094.17 8,498.88 8,923.82 9,370.01 9,838.51
194 8,256.86 8,669.70 9,103.19 9,558.35 10,036.27
196 8,422.82 8,843.97 9,286.16 9,750.47 10,238.00
202 8,941.00 9,388.05 9,857.45 10,350.32 10,867.84
204 9,120.71 9,576.75 10,055.59 10,558.36 11,086.28
250 9,900.66 10,395.70 10,915.48 11,461.26 12,034.32
275 10,197.69 10,707.57 11,242.95 11,805.10 12,395.35
300 10,591.96 11,121.56 11,677.64 12,261.52 12,874.60
325 13,080.85 13,734.89 14,421.64 15,142.72 15,899.85
350 15,447.39 16,219.76 17,030.75 17,882.29 18,776.40
365 14,068.33
375 23,534.04

CITY OF PARAMOUNT

FULL-TIME SALARY TABLE
FY 2024-2025 (Effective 07/01/2024)
6/19/2024 5:38 PM
To: Honorable City Council
From: John Moreno, City Manager
By: Maggie Matson, Public Safety Director
Eric Wosick, Assistant Public Safety
Director
Date: June 25, 2024
SUBJECT: DISSOLVING THE COMMUNITY-WIDE PARKING COMMITTEE

BACKGROUND
On December 17, 2019, the City Council adopted Resolution No. 19:045 establishing the Community-Wide Parking Committee (Parking Committee). The Parking Committee was comprised of representatives from the Public Safety, Public Works, and Planning Departments, with a stated goal of working with the public to develop solutions and strategies that address the City’s on-street parking issues.

Beginning in 2023, public participation in the Parking Committee process declined significantly. Despite demonstrated outreach efforts by staff to increase engagement, public attendance and input at Parking Committee meetings remained severely low. Due to this decrease in public involvement, the Parking Committee was not able to identify any new specific neighborhoods of need or gain public support for the implementation of developed parking strategies. This inhibited the Parking Committee’s ability to maintain a consistently productive meeting schedule.

At the City Council meeting on May 28, 2024, staff received direction from the City Council to dissolve the Parking Committee and redistribute future neighborhood parking concerns through other established public processes.

DISCUSSION
The Public Safety and Public Works Commissions hold monthly meetings that allow the public to bring forth neighborhood parking concerns and propose on-street parking solutions. Strategies developed during the Parking Committee process have always been brought forth before these relevant departmental Commissions for consideration and feedback before implementation. In this regard, the Parking Committee serves a redundant purpose, and its actions and responsibilities can be easily absorbed through these alternative mechanisms with no impact on the services available to the public.

Dissolving the Parking Committee would allow staff to eliminate this inherent servicedelivery redundancy, reestablish public focus on the underlying departmental Commissions, and provide a more direct and efficient method of governance for parkingrelated issues.

Agenda Report June 25, 2024
RESOLUTION NO. 24:023 Page 2

FISCAL IMPACT
None.

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
Read by title only and adopt Resolution No. 24:023.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT

DISSOLVING THE COMMUNITY-WIDE PARKING COMMITTEE
WHEREAS, on December 17, 2019, the City Council adopted Resolution No. 19:045 establishing a Community-Wide Parking Committee (“Parking Committee”) and setting the criteria therefore; and
WHEREAS, the Parking Committee met the stated goal of addressing the parking needs of the time; and
WHEREAS, the decrease in public participation in the Parking Committee process has made continuation of the committee untenable; and
WHEREAS, departmental Commissions can provide the same function and level of service to the public; and
WHEREAS, departmental Commissions can provide more direct and efficient governance of parking-related issues;

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 Community-Wide Parking Committee is hereby dissolved.

SECTION 3. Resolution 19:045 and all other subsequent Resolutions related to the Community-Wide Parking Committee are hereby repealed in their entirety.

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 25th day of June 2024.

Annette C. Delgadillo, Mayor
ATTEST:

Heidi Luce, City Clerk
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Nicole Lopez, Human Resources Manager
Date: June 25, 2024
SUBJECT: AMENDING THE CITY’S PERSONNEL MANUAL TO INCORPORATE

NEW BENEFIT POLICIES

BACKGROUND
At its meeting on December 15, 2020, the City Council adopted the City’s Personnel Manual (Policy), which serves as the organization’s comprehensive administrative policy.

The City’s Policy contains numerous sections that establish regulatory directives for City employees in compliance with federal, State, and local laws, such as Equal Employment Opportunity, Benefits and Compensation, and Ethics regulations. From time to time, staff reviews the Policy for updates to personnel laws and to ensure the City remains consistent with industry best practices and standards. During a recent review, staff discovered that the Policy is silent on procedures for employee-banked personal holiday hours and is recommending implementing changes to cap banked hours. The City Manager is also recommending two benefit enhancement programs to be incorporated into the City’s Policy. Pursuant to the Paramount Municipal Code, the City Manager may revise the Policy in their capacity as the City’s Personnel Officer. However, modifications to the Policy that impact the City’s Budget (i.e. compensation or benefits) must be approved by the City Council. All changes to the Policy are reviewed by the City Attorney, and Human Resources is responsible for disseminating updates to all employees.

DISCUSSION
The proposed policies and benefits are described below.

One-Time 457(b) Deferred Compensation Bonus Match
Staff is proposing to provide a one-time 457(b) Deferred Compensation Bonus Match for all employees. From July 1, 2024 to June 30, 2025, the City would match any 457(b) contributions made by full-time employees up to $700 on a dollar-for-dollar basis and up to $400 for part-time employees that have five or more years of City employment. This would be a one-time offer for FY 2024-25. The proposed deferred comp match cost is estimated at approximately $105,990.

Agenda Report June 25, 2024
RESOLUTION NO. 24:022 Page 2
Vacation Cash Out
The City’s current practice allows employees to accrue up to 240 hours of vacation leave.

Once an employee reaches the cap of 240 hours, they stop accruing vacation hours. Over the years, employees have lost hours because they were unable to take time off due to staff shortages, the COVID-19 pandemic, and other factors. The City’s overall goal is to encourage employees to take time off to promote a healthy work-life balance and to limit liability for the City by keeping vacation balances low.

Staff recommends establishing a new Vacation Cash-Out Program. Under this program, employees would be able to cash out up to sixty (60) of their accrued vacation hours annually, provided they have taken at least eighty (80) hours of vacation in the prior year.

The estimated cost to pay out eligible employees for this cash out is $59,310.

Mental Health Day
To acknowledge the importance of mental health awareness, staff proposes that all fulltime employees receive one (1) mental health day annually. The mental health day will be granted every July 1st and must be used within the same fiscal year; it cannot carry over to the next fiscal year (“use it or lose it”). This day will be available for employees to use if they are experiencing mental health issues, stress, or other related condition. The cost for the proposed mental health day is estimated at $32,950.

Tuition Reimbursement Expansion – Part-time Staff
Currently, all regular full-time employees who undertake courses of college study which will directly benefit their positions with the City may be reimbursed in whole or in part for textbooks, tuition, and any approved miscellaneous expenses, upon completion of the term in which enrolled per fiscal year. The maximum reimbursement is granted at the CSU Dominguez Hills tuition rate.

As the City relies heavily on part-time employees, staff recommends extending a similar annual benefit of up to $500 as an educational reimbursement to part-time employees who have been employed by the City for at least three (3) years. This added benefit would encourage part-time employees to pursue educational growth and recognize their commitment to the City. Courses must be preapproved by Human Resources to ensure the Courses are eligible for reimbursement.

The FY 2024-25 budget includes $30,000 for the proposed education reimbursement for part-time employees. Eligible part-time citywide employees will be reimbursed on a “first come, first served” basis until the funds are exhausted. Remaining funds at year end will not carry over to the following fiscal year.

Bereavement Leave Expansion – Part-time Staff
The City’s policy on bereavement leave currently only applies to full-time staff. Staff is proposing to expand this leave to part-time employees, where they would be granted up Agenda Report June 25, 2024
RESOLUTION NO. 24:022 Page 3
to (15) hours of bereavement leave with pay, upon the death of a member of the employee's immediate family. "Immediate family" is limited to any relative of blood or marriage who is a member of the employee's household, under the same roof, and any parent, grandparent, spouse, registered domestic partner, child, brother, sister, father-inlaw, brother-in-law, mother-in-law, or sister-in-law of the employee, regardless of residence. Such bereavement leave with pay would not be deducted from sick leave.

Cesar Chavez Day - Holiday Switch
For this fiscal year, the City will not observe Cesar Chavez Day on Monday, March 31, 2025 as a holiday. Instead, the holiday will be transferred and observed on Monday, December 23, 2024. City Hall will then be closed Monday, December 23, 2024 through Wednesday, December 25, 2024.

Communication with Employees
Staff obligatorily met and conferred with the City’s only bargaining unit, Teamsters Local 911, on May 9, 2024, pursuant to State law. The City Manager also provided regular updates on these recommendations to the Employee Enrichment Committee.

If approved, the City Manager, in his capacity as the City’s Personnel Officer, will direct staff to work with the City Attorney to develop appropriate policies to be incorporated into the City’s Policy.

FISCAL IMPACT
The fiscal impact to incorporate the new benefits and policies is a one-time cost of $330,650, which is included in the FY 2024-2025 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
Read by title only and adopt Resolution No. 24:022.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT AMENDING THE CITY’S PERSONNEL MANUAL TO INCORPORATE
NEW BENEFIT POLICIES.

WHEREAS, at its meeting on December 15, 2020, the City Council adopted the City’s Personnel Manual (Policy), which serves as the organization’s comprehensive administrative policy; and
WHEREAS, from time to time, staff reviews the Policy for updates to personnel laws and to ensure the City remains consistent with industry best practices and standards; and
WHEREAS, it is the City’s policy to evaluate its market competitiveness with regard it compensation and benefits based on data from updated surveys and analyses; and WHEREAS, pursuant to the Paramount Municipal Code, the City Manager may revise the Policy in their capacity as the City’s Personnel Officer; and WHEREAS, changes to the Policy are reviewed by the City Attorney, and Human Resources is responsible for disseminating updates to all employees.

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 following proposed City benefit programs will be developed into formal policies, be incorporated in the City Personnel Manual, and will take effect July 1, 2024.

One-Time 457(b) Deferred Compensation Bonus Match
The City will provide a one-time 457(b) Deferred Compensation Bonus Match for all employees. From July 1, 2024 to June 30, 2025, the City would match any 457(b) contributions made by full-time employees up to $700 on a dollar-for-dollar basis and up to $400 for part-time employees that have five or more years of City employment. This would be a one-time offer for FY 2024-25.

RESOLUTION NO. 24:022

Page 2 ends

Vacation Cash Out
Under the proposed new Vacation Cash-Out Program, full-time employees would be able to cash out up to sixty (60) of their accrued vacation hours annually, provided they have taken at least eighty (80) hours of vacation in the prior year.

Mental Health Day
The City will provide all full-time employees with one (1) mental health day annually. The mental health day will be granted every July 1st and must be used within the same fiscal year; it cannot carry over to the next fiscal year (“use it or lose it”). This day will be available for employees to use if they are experiencing mental health issues, stress, or other related condition.

Tuition Reimbursement Expansion – Part-time Staff
The City will provide up to $500 as an educational reimbursement to part-time employees who have been employed by the City for at least three (3) years. This added benefit would encourage part-time employees to pursue educational growth and recognize their commitment to the City. Courses must be preapproved by Human Resources to ensure the Courses are eligible for reimbursement. Eligible part-time citywide employees will be reimbursed on a “first come, first served” basis until the funds are exhausted.

Bereavement Leave Expansion – Part-time Staff
The City will provide part-time employees up to (15) hours of bereavement leave with pay, upon the death of a member of the employee's immediate family. "Immediate family" is limited to any relative of blood or marriage who is a member of the employee's household, under the same roof, and any parent, grandparent, spouse, registered domestic partner, child, brother, sister, father-in-law, brother-in-law, mother-in-law, or sister-in-law of the employee, regardless of residence. Such bereavement leave with pay would not be deducted from sick leave.

SECTION 3. This Resolution shall take effect immediately upon its adoption.

RESOLUTION NO. 24:022

Page 3 ends

PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 25th day of June 2024.

Annette C. Delgadillo, Mayor
ATTEST:

Heidi Luce, City Clerk
To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Date: June 25, 2024
SUBJECT: ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2024-25

BACKGROUND
Included in the Fiscal Year 2024-2025 Budget are service agreements with the following agencies:
• All City Management Services, Inc. – School Crossing Guard Services (Amendment)
• Community Prosecutor Program (Amendment No. 2)
• Detective Bureau Consultation Services (David Beighton) • Graffiti Tracker
• Paramount Unified School District – ACMS Shared Cost Agreement • Southwest Patrol, Inc
• The Salvation Army Bell Shelter (Second Amendment)
These agreements (attached) allow the City of Paramount to continue providing these critical public safety services to the community through the above agencies. A newly added agreement between the City of Paramount and the Paramount Unified District, which entails a cost-sharing agreement for any future incremental increases to contract and/or the expansion of crossing guard services with ACMS Inc. to be paid for by the Paramount Unified School District.

FISCAL IMPACT
The FY 2024-25 Adopted Budget includes a total of $1,502,662 to provide the following services:

A) $382,200 for All City Management Services to provide school crossing guard services throughout the school year (Non-Sworn Patrol Division) B) $171,300 for the Community Prosecutor Program (Sworn Patrol Division) C) $50,000 for the Detective Bureau Consultation Services (Sworn Patrol Division) D) $26,000 for the Graffiti Tracker (Support Services Division) E) $1,319 for the Paramount Unified School District’s shared cost agreement (NonSworn Division) Agenda Report June 25, 2024
ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2024-25 Page 2 F) $444,743 for Southwest Patrol, Inc to provide Park Supervision, Park Patrol Services, Metal Detector Screening Services, and Neighborhood Patrol Services (Administration, Park Services, and Sworn Division)
G) $427,100 for the Salvation Army Bell Shelter to provide 20 dedicated beds annually (Community Preservation Division)

RECOMMENDED ACTION
Approve and authorize the Mayor or City Manager to execute following agreements:

A) All City Management Services, Inc. in the amount of $382,200 per year.

B) Community Prosecutor Program in the amount of $171,300 per year.

C) Detective Bureau Consultation Services in the amount of $50,000 per year.

D) Graffiti Tracker in the amount of $26,000 per year.

E) Paramount Unified School District reimbursement of $1,319 per year.

F) Southwest Security, Inc. In the amount of $444,743 per year.

G) The Salvation Army Bell Shelter in the amount of $427,100 per year.

Attachments:

A – All City Management Services, Inc.

B – Community Prosecutor Program
C –Detective Bureau Consultation Services (David Beighton) D – Graffiti Tracker
E – Paramount Unified School District
F – Southwest Patrol, Inc
G – The Salvation Army Bell Shelter
Amendment to Agreement between
All City Management Services, Inc., and the City of Paramount for providing School Crossing Guard Services
The City of Paramount hereinafter referred to as the "City” and All City Management Services, Inc., located at 10440 Pioneer Blvd Ste. 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor", mutually agree to amend the existing Agreement entered into on August 24, 2023, as follows:

1. Item #14 The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-nine Dollars and Eight Cents ($29.08) per hour, per Crossing Guard during the term. Based on a minimum of twenty-one (21) sites and upon a projected (13,095) hours of service the cost shall not exceed Three Hundred Eighty Thousand, Seven Hundred and Ninety-two Dollars ($380,792.00) for the 2023-2024 school year.

The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-nine Dollars and Eight Cents ($29.08) per hour, per Crossing Guard during the term. Based on a minimum of twenty-one (21) sites and upon a projected (13,140) hours of service the cost shall not exceed Three Hundred Eighty-two Thousand, One Hundred and Eleven Dollars ($382,111.00) for the 2024-2025 school year.

Except as provided for in Item #14 all other terms and conditions of the original Agreement and Amendments thereto between the City of Paramount and the Contractor remain in effect.

City of Paramount All City Management Services, Inc.

By_____________________________ By_______________________________ Signature Demetra Farwell, Corporate Secretary
_______________________________ Date____________________________ Print Name and Title
Date____________________________
Attachment A
AMENDMENT NO. 2
TO

AGREEMENT BY AND BETWEEN

THE CITY OF PARAMOUNT AND THE COUNTY OF LOS ANGELES
FOR

COMMUNITY PROSECUTOR PROGRAM
This Amendment Number Two is made by and between the City of Paramount (hereinafter “CITY”) and the County of Los Angeles (hereinafter "COUNTY").

RECITALS
WHEREAS, on October 4, 2022, the County Board of Supervisors authorized the Los Angeles District Attorney’s Office ("LADA") to enter the COUNTY into an agreement with the CITY for the Community Prosecutor Program;
WHEREAS, under California Government Code Section 26500.5, the LADA may sponsor, supervise, or participate in any project or program to improve the administration of justice;
WHEREAS, on November 28, 2022, the CITY and COUNTY executed an agreement for Community Prosecutor Program ("Agreement");
WHEREAS, on October 23, 2023, the CITY and COUNTY executed the Amendment No.1 to the Agreement to 1) exercise the first one (1) year extension from July 1, 2023, through June 30, 2024; 2) update Section 3.0 to reflect the status from one full-time Deputy District Attorney (DDA) to one part-time DDA; and 3) add Section 15.0 COUNTERPARTS to the Agreement; and
WHEREAS, the CITY and COUNTY mutually agree that it is both to their benefit to extend the term of the Agreement for the second one (1) year extension through June 30, 2025.

The payment terms are updated, and Exhibit A-2 shall be added as a part of this amendment.

NOW, THEREFORE, in consideration of the mutual benefits derived therefrom, it is agreed between the PARTIES that the Agreement shall be amended as follows:

1. This Amendment shall commence on the date of execution by the COUNTY.

2. Section 2.0 TERM OF THE AGREEMENT is deleted in its entirety, amended from Amendment No. 1, and replaced in its entirety:

The term of this Agreement shall commence on the effective date of the execution of the last signatory and continue through June 30, 2025. Upon mutual agreement of both PARTIES, at the conclusion of this present agreement, the same or similar agreement may be extended for up to two (2) additional one (1) year periods.

Attachment B
AMENDMENT NO.2

COMMUNITY PROSECUTOR PROGRAM

3. Section 4.0 PAYMENT TERMS is deleted in its entirety and replaced as follows:

The annual cost, payable by CITY to COUNTY will not exceed $163,081, for the period covering July 1, 2024, through June 30, 2025, and will be the total monetary amount for providing one part-time DDA for the services rendered in

3.0 through 3.4, of this Agreement for the implementation of the Community Prosecutor Program in accordance with Exhibit A - Budget which is attached and incorporated by reference. The total contract amount for the term of the Agreement shall be $512,427.

The annual cost for the period covering July 1, 2024, through June 30, 2025, shall be limited to the salary, employee benefits, indirect costs, and State Bar dues of the assigned DDA, including any increases approved by the COUNTY for DDA Staff. Annual contributions in each subsequent year will be limited to an amount mutually acceptable to both PARTIES.

4. Exhibit A-2 Budget shall be added to the Agreement, attached hereto, and incorporated herein by reference. All references to Exhibit A-2 Budget of the Agreement, shall hereafter include Exhibit A-2 Budget.

Except as provided in this Amendment No. 2, all other provisions, terms, and conditions to the agreement shall remain the same and in full force and effect.

IN WITNESS WHEREOF, the below PARTIES hereto have executed this Amendment No. 2.
_______________________________ _______________________________ ANNETTE C. DELGADILLO, Mayor GEORGE GASCÓN, District Attorney City of Paramount County of Los Angeles
_______________________________ _______________________________ Date Date
EXHIBIT A-2

CITY OF PARAMOUNT COMMUNITY PROSECUTOR PROGRAM
JULY 1, 2024 THROUGH JUNE 30, 2025

ESTIMATED BUDGET CATEGORY AND LINE ITEM DETAIL COST
Employee Salaries Month Time Base Monthly Rate Total
1 Deputy District Attorney III 3 x 50% x 15,779.92 = 23,670 9 x 50% x 16,293.00 = 73,319
Annual Salary 96,989
Net County Cost for LADA 0
96,989 $ 96,989
* Employee Benefits Year E/B Rate Annually Rate Total
1 Deputy District Attorney III 1 x 62.904% x 96,989 = 61,010 Net County Cost for LADA 0
61,010 $ 61,010
TOTAL SALARIES AND EMPLOYEE BENEFITS $ 157,999
* Indirect Costs Year I/C Rate Annual Rate Total
1 Deputy District Attorney III 1 x 66.167% x 96,989 = 64,175 Net County Cost for LADA (59,325)
4,850 $ 4,850
** California State Bar Dues Year Time Base Annual Rate Annual Dues 1 Deputy District Attorney III 1 x 50% x 463 = 232
Net County Cost for LADA 0
232 $ 232
TOTAL INDIRECT COSTS AND OTHERS $ 5,082
TOTAL PROGRAM COST 222,406
NET COUNTY COST FOR LADA 26.7% (59,325)
NET PROGRAM COST 73.3% 163,081
Note:
* Based on FY 2023-24 Auditor-Controller approved rates and are subject to change. ** As of December 1, 2023, State Bar Dues are $463/year.

NET PROGRAM COST $ 163,081
PRINTED: 02/06/2024 4:49 PM
1 CITY OF PARAMOUNT

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 1, 2024, between the City of Paramount, a municipal corporation ("City") and David Beighton ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
A. This Agreement shall be effective July 1, 2024, and shall terminate on June 30, 2025.

Termination shall be effective immediately upon notice, as described herein, unless a longer period of time is specified in the notice.

C. In the event this Agreement is terminated by City, Consultant shall be paid the value of services performed pursuant to this Agreement prior to the effective date of termination, less the amount of any payments previously made.

2. SERVICES
Subject to the terms of this Agreement, Consultant shall perform the scope of work identified in Exhibit “A” attached hereto and incorporated herein by this reference. This includes but is not limited to providing personnel and resources to provide all professional services necessary for City. If there is any conflict between Exhibit “A” and this Agreement, the provisions of this Agreement shall prevail.

3. PERFORMANCE
Consultant shall always faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant and City relies upon the skills and knowledge of Consultant.

Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California.

Attachment C
2 4. CITY MANAGEMENT
The City’s Public Safety Director shall represent City in all matters pertaining to the administration of this Agreement and shall review and approve all services submitted by Consultant. The Public Safety Director is authorized to execute all necessary documents.

5. PAYMENT
(a) The City agrees to pay Consultant $50 per hour not to exceed $50,000 for the total term of the agreement, in accordance with the payment rates and terms and the schedule of payment as set forth in Consultant’s proposal, Exhibit “B”, attached hereto and incorporated herein by reference as if fully set forth herein.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager; provided, however, the City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement but not to exceed ten-thousand dollars ($10,000). Consultant shall not be compensated for any additional services in the amounts greater than that authorized herein by the City Manger unless agreed to by the City Council.
(c) Consultant will submit invoices for services based on the schedule of payment as set forth in Exhibit “B”. Invoices shall be submitted on a bi-weekly basis for services provided. If the City disputes any of Consultant's fees it shall give written notice to Consultant within two (2) weeks of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay the Consultant for services up to the date of termination based on the schedule of payment as set forth in Exhibit 3 “B”. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5.

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the Public Safety Director or her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
All documents prepared or obtained under this Agreement including electronic media shall be delivered to and shall become the property of the City.

9. INDEMNIFICATION BY CONSULTANT
A. All officers, agents, employees, sub-Consultants, their agents, officers and employees who are hired by or engaged by Consultant in the performance of this Agreement shall be deemed officers, agents and employees and sub-Consultants of Consultant, and City shall not be liable or responsible to them for anything whatsoever.

B. Consultant agrees to save, keep, hold harmless and defend City and all of its elected and appointed boards, commissions, officers employees and agents from all claims, damages, costs or expenses in law and in equity, including costs of suit and expenses for legal services, that may at any time arise or be claimed because of damage to property or injury to persons, including City, allegedly 4 received or suffered by reason of any wrongful or negligent act or omission on the part of Consultant or any of its agents, officers and employees and sub-Consultants in the performance of this Agreement.

C. Consultant shall not be deemed to assume any liability for wrongful or negligent acts of City or its officers, agents, employees and subConsultants, and City shall defend and hold Consultant harmless against any such claims.

D. Consultant agrees to defend, indemnify, and hold harmless the City, its elected and appointed boards, commissions, officers, employees and agents from all claims, demands, liability fines and penalties made by Consultant’s employees from health, retirement or other benefits attributable to services performed pursuant to this Agreement.

10. INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance for the duration of this Agreement against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Proof of Insurance Coverage covering Automobile Liability, and

2. Workers’ compensation insurance as required by the State of California and employer’s liability insurance.

B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. Automobile Liability: $500,000 per accident for bodily injury and property damage.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the City may require the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the City may require Consultant to procure a bond 5 guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of an “A-” Policyholder’s Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M.

Best Rating Guide.

E. Other Requirements
Consultant shall provide an endorsement to City establishing that City, its elected and appointed boards, commissions, officers, employees and agents have been added as an additional insured to the General and Automobile liability insurance policies required under this Agreement. The above policy/policies shall also be endorsed to state that coverage shall not terminate, nor shall they be canceled, nor the coverage reduced, until after thirty (30) days written notice is given to the City.

Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the City shall be excess only and not contributory with insurance provided under this policy/policies.

F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by City before work commences. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on the standard industry forms, as listed below. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time.

Automobile Liability Form Acceptable to City Attorney

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or 6 agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. (c) City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or sub-Consultants, shall not without written authorization from the Public Safety Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub-Consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains 7 the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Paramount
Attention: Public Safety Director
16400 Colorado Avenue
Paramount, California 90723
To Consultant: David Beighton
1304 S. Oakhaven Dr.

Anaheim, CA 92804

15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, to any sub-Consultant without prior written consent of the City. Such written consent shall not be unreasonably withheld.

16. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

17. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Paramount.
8 18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

20. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit “A” hereto.

21. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.

22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

23. WAIVER
The waiver by either party of a breach by the other of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this agreement.

24. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both Consultant and the Public Safety Director and approved as to form by the City Attorney, otherwise by the City Manager. Such 9 document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

25. COUNTERPARTS
This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument, but the parties agree that the Agreement on file in the Office of City’s City Clerk is the version of the Agreement that shall take precedent should any differences exist among counterparts of the document.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PARAMOUNT
By: _____________________________
Annette Delgadillo, Mayor
ATTEST:

By: ____________________________
Heidi Luce, City Clerk
APPROVED AS TO FORM:

By: _____________________________
John E. Cavanaugh, City Attorney

DAVID BEIGHTON
By: ___________________________
10 EXHIBIT A

TASKS TO BE PERFORMED
The Consultant will interface with detectives to conduct witness interviews, gather intelligence, and prepare criminal filing packets on active criminal investigations. He will also provide investigative oversight to field deputies, special assignment officers, and school resource deputies. He has access to, and is proficient in the use of, all State databases, which enables him to access criminal background information, DMV information, gun registration records,etc.

The Consultant will assist the Detective Bureau Sergeant with data entry and accounting in L.A.R.C.I.S., the County’s case tracking database. He will on a regular basis review Paramount’s crime reports and make an assessment as to whether or not they are workable and should be assigned to a detective for follow-up. The Consultant will also be available to handle walk-in and phone-in inquiries from the public related to Detective Bureau matters.
11 EXHIBIT B

PAYMENT SCHEDULE
July 3, 2024
July 18, 2024
August 1, 2024
August 15, 2024
August 29, 2024
September 12, 2024
September 26, 2024
October 10, 2024
October 24, 2024
November 7, 2024
November 21, 2024
December 5, 2024
December 19, 2024
January 2, 2025
January 16, 2025
January 30, 2025
February 13, 2025
February 27, 2025
March 13, 2025
March 27, 2025
April 10, 2025
April 24, 2025
May 8, 2025
May 22, 2025
June 5, 2025
June 19, 2025
1 PROFESSIONAL SERVICES AGREEMENT
(City of Paramount and Graffiti Tracker Inc.)
THIS PROFESSIONAL SERVICES AGREEMENT is made as of July 1, 2024 by and between the City of Paramount, (“Agency”), and Graffiti Tracker Inc. (“Contractor”).

RECITALS

1. Agency has determined that it requires professional services from a Contractor to provide graffiti analysis and tracking services for the Agency.

2. Agency desires to retain Contractor, as an independent contractor to provide such services on an as needed basis.

3. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained, the parties hereto agree as follows:

1. Contractor’s Services.
a. Scope and Level of Services. The nature, scope, and level of the specific services to be performed by Contractor are as set forth in Exhibit A, attached to this Agreement and incorporated herein as though set forth in full. Agency is retaining Contractor pursuant to this Agreement on a non-exclusive basis and reserves the right to retain other professionals to perform similar service if Agency determines such services are needed.
b. Time of Performance. The services shall be performed in a timely manner and on a regular basis in accordance with the written instruction of the Contract Administrator. Time is of the essence in the performance of this Agreement.

2. Standard of Care. As a material inducement to Agency to enter into this Agreement, Contractor hereby represents and warrants that it has the professional expertise and experience necessary to undertake the services to be provided herein.

3. Compliance with Law. All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of Agency and any federal, state or local governmental agency having jurisdiction in effect at the time service is rendered.

Attachment D
2 4. Term of Agreement. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect for a period of 12 months, unless earlier terminated pursuant to Section 14.

5. Compensation. Agency agrees to compensate Contractor for its services according to the fee and payment schedule set forth in Exhibit B, attached hereto and incorporated herein as though set forth in full. In no event shall the total compensation and costs payable to Contractor under this Agreement exceed the sum of twenty-six thousand and no cents ($26,000.00) unless specifically approved by the City Council. Agency agreesthatservices may not begin until first payment is received.

6. Ownership of Work Product. All reports, documents or other written material developed by Contractor in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency.

7. Representatives.
a. Project Manager. The Project Manager for the services required under this Agreement is hereby designated as Timothy M. Kephart who shall be the representative of Contractor authorized to act in its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the foregoing Project Manager without the express written approval of Agency. b. Contract Administrator. The Contract Administrator and Agency’s representative shall be the Assistant City Manager, or in his/her absence, an individual designated in writing by the Contract Administrator. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by Agency to the Contract Administrator. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Administrator.

8. Standard of Performance. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to Agency. Contractor hereby covenants that it shall follow the highest professional standards in performing all services required hereunder.

9. Status as Independent Contractor. Contractor is, and shall at all times remain as to Agency, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as 3 an agent. Neither Agency nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement.

Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner, employees of Agency. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor further agrees to indemnify and hold Agency harmless from any failure of Contractor to comply with applicable workers’ compensation laws. Agency shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to Agency from Contractor as a result of Contractor’s failure to promptly pay to Agency any reimbursement or indemnification arising under this section.

10. Confidentiality. Agency agrees not to use any intellectual property or information related to the Graffiti Tracker system for purposes of development or competition of another Graffiti Tracker system. Upon request, all Agency data shall be returned to Agency upon the termination of this Agreement. Contractor’s covenant under this section shall survive the termination of this Agreement.

11. Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

12. Indemnification. Contractor agrees to indemnify, hold harmless and defend Agency and the Redevelopment Agency, and their respective officers, employees, volunteers, and agents serving as independent contractors in the role of Agency or Agency officials, (collectively, “Indemnities”), from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from willful misconduct, negligent acts, errors or omissions of Contractor or any of its officers, employees, or agents. a. Agency does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by Agency, or the deposit with Agency, of any insurance policy or certificate required pursuant to this Agreement. b. This hold harmless, indemnification and defense provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor’s covenant under this section shall survive the termination of this Agreement.

13. Cooperation. In the event any claim or action is brought against Agency relating to Contractor’s performance or services rendered under this Agreement, Contractor shall 4 render any reasonable assistance and cooperation that Agency might require.

14. Termination.
a. Agency shall have the right to terminate the services of Contractor at any time for any reason on sixty (60) calendar days written notice to Contractor. In the event this Agreement is terminated by Agency, Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect, and Contractor shall have no other claim against Agency by reason of such termination, including any claim for compensation.
b. Contractor shall have the right to terminate this Agreement at any time for any reason on sixty (60) calendar days written notice to Agency, and Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect.

15. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

Agency:

City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Contractor:

Graffiti Tracker Inc.
2916 S 132nd St #311
Omaha, NE 68144
5 16. Nondiscrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Contractor will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

17. Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor’s obligations hereunder, without the prior written consent of Agency, and any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.

18. Compliance with Laws/Licenses. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall obtain and maintain all necessary professional licenses for providing the services outlined in this Agreement.

19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Contractor constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default.

20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of the Agreement.

21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provision of any Exhibit or document incorporated herein by reference, the provisions of this Agreement shall prevail.

22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Agency and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or 6 breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
“Agency”
ATTEST: City of Paramount
By: _____________________________ By: ___________________________ Heidi Luce, City Clerk Annette C. Delgadillo, Mayor
By: _____________________________
John E. Cavanaugh, City Attorney
“Contractor”
By: _________________________
Timothy M. Kephart
7 EXHIBIT A

SCOPE OF SERVICES
Contractor shall perform the following services for the City of Paramount:

Responsibilities

1. Train designated personnel on how to use GPS cameras.

2. Establish graffiti tracking protocols.

3. Train personnel on how to upload graffiti data to the Graffiti Analysis Intelligence Tracking System (GAITS).

4. Provide access to GAITS to all designated personnel twenty-four hours a day, seven days a week until contract ends.

5. On a daily basis, graffiti data will be uploaded to the GAITS system from the City of Paramount staff. Graffiti Tracker Inc. will be responsible for analyzing all of that data and making the results of that analysis available to the GAITS system.

6. Provide training to all designated personnel (Agency staff/law enforcement/District Attorney’s Office) on how to utilize the GAITS system.

This contract constitutes a lease for access to the Graffiti Analysis Intelligence Tracking System (GAITS). Permission from the Contract Administrator will be required for anyone to have access to this system. Upon permission being granted for access to the system, a username and password will be given to those individuals and they will be granted an “Operator” level access to the GAITS system. This lease will be in effect for the duration of the contract. 8 EXHIBIT B

SCHEDULE OF FEES
Contractor will not be required to work on the following ten holidays:

1. January 1 (New Year’s Day)

2. The third Monday in January (Dr. Martin Luther King Jr. Day)

3. The third Monday in February (President’s Day)

4. March 31st (Cesar Chavez Day)

5. The last Monday in May (Memorial Day)

6. July 4 (Independence Day)

7. The first Monday in September (Labor Day)

8. November 11 (Veteran’s Day)

9. The fourth Thursday in November (Thanksgiving Day)

10. December 25 (Christmas Day)
The total contract amount for the twelve-month time period commencing July 1, 2024 and ending June 30, 2025 will be an amount not to exceed $26,000.00 for up to 800 incidents analyzed monthly.

Effective upon the signing of this contract, an invoice for the amount of $13,000.00 will be submitted by the Contractor to the Contract Administrator. Payment should be processed and received no later than 30 calendar days from the date invoice was submitted. Future payments will then be invoiced at six-month intervals from start date.

SHARED COST AGREEMENT

BETWEEN

THE CITY OF PARAMOUNT
AND

THE PARAMOUNT UNIFIED SCHOOL DISTRICT

FOR ADDITIONAL COSTS OF CROSSING GUARD SERVICES WITH ALL CITY MANAGEMENT SERVICES, INC. (ACMS)

RECITALS
WHEREAS, it is the goal of the City of Paramount (“City”) and the Paramount Unified School District (“District”) to foster a safe environment in and around school campuses for students and parents;
WHEREAS, the City and the District believe that the presence of dedicated, professionally trained crossing guards help to promote a safe school environment for all pedestrians and motorists;
WHEREAS, All City Management Services, Inc. (“ACMS”) is the nation’s largest provider of school crossing guards dedicated to pedestrian safety; WHEREAS, the City has engaged All City Management Services, Inc. (“ACMS”) under a Professional Services Agreement (“Contract”), the terms of which are detailed in the attached written agreement, identified as Attachment A; and WHEREAS, with the common interest of fostering a safe environment on school campuses and the surrounding community, the District has stated a willingness to partner with the City in a cost sharing arrangement for crossing guard services as stated in this agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for good and valuable consideration, the parties hereby agree as follows:

1. The City and District agree that, starting with the Fiscal Year beginning July 1, 2024, any annual incremental cost increases to the Contract and any expansion of crossing guard services which lead to cost increases to the Contract will be paid for by District.

2. The District agrees to pay the amount in excess of the projected annual amount of Three Hundred Eighty Thousand, Seven Hundred and Ninety-two ($380,792) dollars. The actual amount will be determined after receipt of invoices received from the City for the entire year of service.

Attachment E

3. Under the Agreement, the City is billed monthly for all services performed by ACMS. The City shall provide the District with a copy of the invoices received from ACMS for the entire year of service. The District will reimburse the City for 100% of the additional cost billed for the services rendered. The District agrees to pay the City within 30 days of receipt of the invoices referred to herein.

4. Either party may terminate this Agreement if they are unable or unwilling to support their commitment to share in the cost of the ACMS by giving written notice to the other sufficiently in advance of the timelines mentioned in Section 12 of the Professional Service Agreement so that the City can satisfy those Timelines. For purposes of this MOU, "sufficiently in advance" shall mean at least thirty (30) days in advance of the sixty (60) day prior notice requirement referenced in Section 12.

5. Should the parties desire, this Agreement may be renewed each year before the ensuing fiscal year, which commences on July 1.

CITY OF PARAMOUNT PARAMOUNT UNIFIED SCHOOL

DISTRICT
By: ___________________________ By: ________________________________ John Moreno, City Manager Joshua L. Lightle, Ed.D, Superintendent ATTEST:

By: ___________________________
Heidi Luce, City Clerk
APPROVED AS TO FORM:

By: ___________________________
John E. Cavanaugh, City Attorney

SECOND AMENDMENT
This First Amendment to the Agreement by and between City of Paramount (“Contractor”) and The Salvation Army, a California corporation (TSA) is entered into as of June 01, 2024.

Whereas Contractor and TSA entered into the Agreement dated July 01, 2023 (“Agreement”).

Whereas the parties now desire to amend the Agreement.

Now, therefore, City of Paramount and TSA agree as follows:

1. Section 4: The term of this contract shall be from July 01, 2024, to June 30, 2025. Notwithstanding the foregoing, this Agreement may be terminated (a) by either party, in the event of default by fifteen (15) days’ written notice to the defaulting party; or (b) by either Party without cause on thirty (30) days’ written notice to Contractor. On termination in either event, Contractor shall cease to perform any additional services. The contractor shall only be paid for any services properly rendered up to the time that notice of termination is served. Termination shall not provide cause to give Contractor a claim for damages for work to be performed after the time that notice of termination is served.

2. Section 5, Compensation and Payment of the Agreement is amended to:

Contractor’s rate of $58.5 per bed night, not to exceed a total of $427,050 compensation, for the term of this agreement,

3. Except as provided in this Second Amendment, all other terms of the Agreement remain in full force and effect.

By the signatures of their authorized representatives below, TSA and Contractor have entered into this First Amendment as of the date first set forth above.

City of Paramount
By: _____________________________
Title: Annette C. Delgadillo, Mayor_____
Date: _____________________________
The Salvation Army,
a California corporation
By: _____________________________
Title: _____________________________
Attest: _____________________________
Title: _____________________________
Date: _____________________________
Attachment G
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 25, 2024
SUBJECT: AUTHORIZING APPLICATION(S) SUBMITTALS FOR SPECIFIED

GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF
2023 TO SUPPORT PHASE II OF THE WEST SANTA ANA BRANCH

BIKEWAY TRAIL PROJECT

BACKGROUND
For a number of years, the City has been pursuing funding and land lease agreements to construct the West Santa Ana Branch (WSAB) Bikeway Class I bicycle and pedestrian trail along the railroad right-of-way that runs diagonally across the City. The project has been planned in phases, allowing the City to request funding from different sources and negotiate the various lease agreements in order to complete the approximate 2.3-mile trail that connects users from the Los Angeles River to the San Gabriel River through the cities of Paramount and Bellflower.

Funding for Phase II has been achieved through a variety of sources, including a competitive grant, Caltrans Active Transportation Program, and through funding allocations from the State budget from Speaker Emeritus Anthony Rendon in 2022 and from Senator Lena Gonzalez in 2023.

DISCUSSION
In July 2023, Senator Lena Gonzalez announced millions in funding to strengthen reentry and homelessness services, support arts and culture projects, and revitalize community spaces in the Long Beach and Southeast Los Angeles Region. From this funding, the City was allocated $2,000,000 towards Phase II of the WSAB Project.

Phase II of this project, from Somerset Boulevard to Rosecrans Avenue, includes bicycle and pedestrian infrastructure improvements including fencing, energy efficient LED pedestrian lighting, landscaping, decomposed granite, Americans with Disabilities Act (ADA) curb ramps, at-grade pedestrian/cyclist crossing, and street furniture for trail users.

The project will improve mobility and connectivity throughout the City by expanding recreational opportunities for community members. This project aligns with the BellflowerParamount Joint Active Transportation Plan approved by the City Council in 2019.

Agenda Report June 25, 2024
Resolution No. 24:030 Page 2
This funding allocation, also known as a specified grant from the State of California budget, requires an approved resolution that authorizes the submittal of related applications before a contract can be executed. As the administrators for this grant, the State of California Department of Parks and Recreation will work with the City to finalize the application process and execute the necessary agreement that will secure this funding for the project.

FISCAL IMPACT
There is no fiscal impact to the City.

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 2: Community Health - Provide diverse recreational and cultural amenities that support healthy lifestyles and a sense of community. 5: Attractive and Well-Maintained 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) Read by title only and adopt Resolution No. 24:030; and 2) Authorize the City Manager or his designee to execute all related application(s), amendments, and grant documents.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:030

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT

APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT OF 2023, 10.561(b)(67) $2,000,000 FOR THE CITY

OF PARAMOUNT TO SUPPORT THE WEST SANTA ANA BRANCH
BIKEWAY PROJECT TRAIL.

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Paramount, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s):

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

1. Approves the filing of project application(s) for specified grant project(s); and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and

3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and

4. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations and guidelines.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 25th day of June 2024.

RESOLUTION NO. 24:030

Page 2 ends

Annette C. Delgadillo, Mayor
ATTEST:

Heidi Luce, City Clerk
2023-24
Procedural Guide
For
Local Assistance Specified Grants – Capital
September 2023
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send Application and correspondence to your
Administrative Project Officer listed at: www.parks.ca.gov/grants/contacts Mailing Address:

State of California
Dept. of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
Attn: Office of Grants and Local Services
www.parks.ca.gov/grants

GRANTEE SPECIFIED GRANT PROCEDURAL GUIDE - CAPITAL

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Office of Community Engagement Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer leadership through quality customer services.

The Office of Grants and Local Services (OGALS) Mission Statement The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.

OGALS VISION GOALS
To Be:
 A leader among park and recreation professionals.
 Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
 Honest, knowledgeable, and experienced grant administration facilitators.  Sensitive to local concerns while mindful of prevailing laws, rules, and regulations.  Perceptive to opportunities for partnerships, growth and renewal where few existed before.
 Committed to providing quality customer service in every interaction and transaction.
 Responsive to the needs of applicants, GRANTEES, nonprofit organizations, local governments, legislative members, and department employees. 3 TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................... 4 II. GRANT PROCESS ................................................................................................... 4 Resolution Form......................................................................................................... 7 III. APPLICATION SECTION ................................................................................ 8 APPLICATION PACKET checklist and directions.............................................................. 8 Additional Non-Profit Requirements......................................................................... 10 Project Application Form.......................................................................................... 11 PROJECT SCOPE/Cost Estimate Form........................................................................ 12 Funding Sources Form ............................................................................................ 13 CEQA Compliance Certification Form...................................................................... 14 Development Project Eligible Costs and Rules........................................................ 15 Acquisition Projects.................................................................................................. 17 IV. CONTRACT SECTION............................................................................................ 19 Grant Contract....................................................................................................... 19 Project Status Report ............................................................................................ 27 V. GRANT PAYMENT SECTION ................................................................................ 28 Payment Request Form ........................................................................................ 33 Grant Expenditure Form........................................................................................ 35 Project Completion Packet.................................................................................... 31 PROJECT COMPLETION Certification......................................................................... 36 VI. ACCOUNTING AND AUDIT SECTION................................................................... 37 Accounting Requirements........................................................................................ 37 State Audit ............................................................................................................... 37 Audit Checklist ......................................................................................................... 38 VII. DEFINITIONS.......................................................................................................... 39 Words and terms shown in SMALL CAPS in this procedural guide are defined beginning on page 39.
4 I. Introduction
This specified grant originated from a line item in the State of California Budget for fiscal year 2023-24. A resolution is required before a CONTRACT will be issued, and an approved APPLICATION PACKET is required before GRANT payments can be approved. The GRANT PERFORMANCE PERIOD is July 1, 2023 – June 30, 2027.

1. Costs incurred before or after the GRANT PERFORMANCE PERIOD are not eligible for reimbursement.

2. Costs incurred after the APPROPRIATION DATE but before OGALS approves the APPLICATION PACKET are eligible if they are consistent with the GRANT SCOPE approved by OGALS and are ELIGIBLE COSTS.

II. Grant Process
Grant Process Key Dates
• Grant Performance Period: July 1, 2023 – June 30, 2027 • Resolution: Submit by December 31, 2024
• Contract: Sign and return by January 31, 2025
• Projects Complete by December 31, 2026
• Project Completion Packets: Submit by: January 31, 2027 Grant Process Detail

1. Resolution: APPLICANT sends resolution to OGALS by December 31, 2024, to allow approval within the CONTRACT ENCUMBRANCE PERIOD, which ends June 30, 2025.

2. CONTRACT: OGALS sends CONTRACT to APPLICANT. APPLICANT becomes GRANTEE when CONTRACT is fully executed during CONTRACT ENCUMBRANCE PERIOD. a. The CONTRACT section includes a sample contract and the contract provisions.
b. The APPLICANT must return the CONTRACT signed by the AUTHORIZED REPRESENTATIVE to OGALS no later than January 31, 2025. The APPLICANT becomes a GRANTEE when the CONTRACT is signed by OGALS. c. OGALS returns a copy of the fully executed CONTRACT to the GRANTEE.

3. APPLICATION PACKET(s): The GRANTEE defines the SCOPE(s) and amount of grant funds needed for each PROJECT. As PROJECTS are identified, the GRANTEE may submit individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information.

After each PROJECT is approved by OGALS, OGALS will send a Status Report to the GRANTEE approximately every six months until OGALS receives a PROJECT COMPLETION PACKET. The GRANTEE must return the Status Report within thirty 5 (30) days from receipt. Payment requests will not be processed if Status Reports are overdue.

4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. OGALS recommends that GRANTEE provide all PROJECT COMPLETION PACKET(S) no later than January 31, 2027. The grant payments section provides payment request instructions and forms. a. The GRANTEE may request payments after each PROJECT is approved by OGALS. GRANT funds may only be expended on ELIGIBLE COSTS incurred within the GRANT PERFORMANCE PERIOD.
b. The GRANTEE completes PROJECT SCOPE(s) and sends PROJECT COMPLETION PACKET(s) to OGALS no later than January 31, 2027.
c. The State of California receives a high volume of payment requests at the end of the fiscal year. If the PROJECT COMPLETION PACKET is received after January 31, 2027, OGALS cannot guarantee final payment by the State Controller’s Office. If the State Controller’s Office is unable to process the payment before the end of the GRANT PERFORMANCE PERIOD, the unpaid balance of grant funds will revert to the Legislature.
d. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS when conducting a final site inspection.

5. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following receipt of the final GRANT payment. The Accounting and Audit Section provides directions and an Audit Checklist for DPR audit and accounting requirements. 6 Authorizing Resolution
GRANTEE passes one resolution approving the filing of applications associated with theCONTRACT and forwards a copy to OGALS.

The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged.

The Authorizing Resolution serves two purposes:

1. It is how the GRANTEE’S Governing Body agrees to the terms of the CONTRACT; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the CONTRACT.

2. It designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the CONTRACT. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE.

The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. The delegation process requires the AUTHORIZED REPRESENTATIVE to submit a letter (on letterhead) or email to OGALS delegating authority.
7 Resolution Form
Resolution No: __________________
RESOLUTION OF THE ___________ (Title of Governing Body/City Council, Board of Supervisors) OF ___________ (City, County, or District) APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS from Budget Act 2023/24 (Budget line item and language)
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the [grantee name], setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the ___________ (grantee’s governing body) hereby:

1. Approves the filing of project application(s) for specified grant project(s); and

3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and

4. Certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide; and

5. Delegates the authority to the ___________ (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Approved and adopted the _____day of ______________, 20_______.

I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly adopted by the ___________ (grantee’s governing body) following a roll call vote:

Ayes:

Noes:

Absent: __________________________
(Clerk)
8 III. APPLICATION SECTION • GRANTEE may submit multiple APPLICATION PACKETS to OGALS. • Provide the APPLICATION PACKET items in the following checklist. • If a checklist item is not applicable to the PROJECT, provide a brief explanation. • If an application item is incomplete send a draft with a timeline for completion.

Application packet checklist and directions
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.

An APPLICATION PACKET is not complete unless all items on the checklist are submitted.

Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item
Procedural
Guide
Page #
Check when
signed by

AUTHORIZED

REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 8 Pg._____
Application
Digital file name: application.pdf Pg. 11 Pg._____
Project Scope/Cost Estimate
Digital file name: costestimate.pdf Pg. 12 Pg._____
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 13
CEQA Compliance Certification
and filed NOE or NOD
Digital file name: ceqacert.pdf / NOE or NOD.pdf
Pg. 14 Pg._____
Acquisition Requirements
Digital file names: acqscope.pdf & acqdocs.pdf Pg. 17 Pg._____ Land Tenure documentation
Digital file names: ownership.pdf or
nonownership.pdf
Pg. 9 Pg._____
Sub-Leases or Agreements
Digital file name: otheragreements.pdf Pg. 9 Pg._____
Site Plan
Digital file name: siteplan.pdf Pg. 9 Pg._____
Pg._____
9 Site Plan
• Provide a drawing showing where each feature and support amenity listed in the Project Scope/Cost Estimate Form will be located.
• Include the function and approximate square footage of each room within buildings that are part of the project SCOPE, and the approximate total square footage of the buildings.

Land Tenure and Site Control
If the property is owned in fee simple by the APPLICANT, provide one of the following:
• Deed or deed recordation number
• Title report
• Parcel/Tract map (if owner’s name provided)
If the property is not owned in fee simple or on a right-of-way, provide the lease, easement, joint powers agreement, etc.

Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc., affecting PROJECT property or its operation and maintenance.

California Environmental Quality Act (CEQA)
The APPLICANT should check with its local city or county planning agency for CEQA compliance information.
• If CEQA is complete: provide the CEQA Compliance Certification Form and required Notice of Exemption or Notice of Determination, filed with the County Recorder.
• If CEQA is not complete: provide a timeline for completion and state “completing CEQA is a Project Scope Item.”
10 Additional Non-Profit Requirements
Fidelity Bond (For Non-profit grantees only)
Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their PROJECT OFFICER before OGALS will approve any payment requests. The premium for a Fidelity Bond is an eligible cost.

A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be named as a Third-Party Loss Payee. OGALS address is State of California, Dept. of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.

Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be kept current for at least six months after the date of the final GRANT payment.

GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major casualty insurance carrier, or a bonds specialty company. There are Fidelity Bond frequently asked questions available on the OGALS web site.

Competitive Bid Solicitation Process (For non-profit grantees only)

1. Non-profit GRANTEE must attempt to obtain three bids for services greater than $10,000 and for construction work greater than $25,000.

2. To ensure bidders understand the required PROJECT elements, the GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the PROJECT work to be performed based on “Best Value” factors, and the required PROJECT elements based on the Project Scope/Cost Estimate Form, and concept level site plan.

3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.

The GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the “best value” and will meet PROJECT requirements. “Best value” should be determined by price, quality of materials, equipment, and workmanship. The evaluation process must ensure no conflict of interest between the contractor and the GRANTEE’s Board of Directors. The GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision should be recorded in writing.

4. The Board of Directors selects a contractor and awards a contract.

5. For audit purposes, the GRANTEE keeps records of Steps 1 – 4 above.

Competitive Bid Solicitation Requirement
The non-profit GRANTEE may request a waiver of the competitive solicitation process requirement. To request a waiver, the GRANTEE must send a written request to the PROJECT OFFICER assigned to the GRANT PROJECT and explain why a waiver is required. 11 State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Capital Outlay Project Application Form

PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code)
(Use latitude and longitude if there is no street address) LAND TENURE ( all that apply)
Owned in fee simple by APPLICANT
Available (or will be available) under
a _________year lease or easement

NEAREST CROSS STREET(S)

COUNTY OF PROJECT LOCATION

APPLICANT NAME AND MAILING ADDRESS

AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE) ___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. ____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name
Title
12 Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Project Scope (Describe the project in 30 words or less):

Project SCOPE ITEMS
ACQUISITION: List each parcel number, acreage, estimated date of purchase and cost.

DEVELOPMENT: List each feature and major support amenity. Estimated Cost $
$
$
$
$
$
$
$
$
$
$
$
$
Total GRANT amount: $
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
The APPLICANT understands that this form will be used to establish ELIGIBLE COSTS, and that all features and support amenities listed on this form must be completed before the final PROJECT payment is processed as specified in the Final Payments section of this guide.

State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
13 GRANTEE: PROJECT Name
PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete, and the PROJECT is open to the public. PROJECTS will:
• Be entirely funded by the GRANT, or
• Require funds in excess of the GRANT.

If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.

For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public.

The PROJECT will be entirely funded by the GRANT, or
The PROJECT requires funds in excess of the GRANT:

The SCOPE is the same as the scope of the larger project, or The SCOPE is a subset of a larger project, the scope of that larger project is:

Larger project cost: $ Anticipated completion date:

List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.

Funding Source Date Committed Amount
$
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the abovementioned GRANT is true and correct to the best of my knowledge.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
Funding Sources Form
14 State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification Form
GRANTEE:

Project Name:

Project Address:

Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis:
__________________________________
Date complete/expected to be completed: ___________________  Notice of Exemption (attach recorded copy if filed)
 Notice of Determination (attach recorded copy if filed)  Other:

If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.

Lead Agency Contact Information
Agency Name:

Contact Person:

Mailing Address:

Phone: ( ) Email:

Certification:

I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.

I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
15 Development Projects
Development Project Rules

1. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.

2. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.

3. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.

Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.

Eligible Pre-construction Costs – incurred prior to groundbreaking as determined by the GRANTEE
• Public meetings, focus groups, design workshops
• Plans, specifications, construction documents, and cost estimates • Permits
• CEQA and/or environmental review
• Bid preparation and packages
• IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
• GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after CEQA completion and groundbreaking,
• Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
• Equipment – Equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices
• Premiums on hazard and liability insurance to cover personnel or property • Site preparation
• Purchase and installation of equipment: i.e., security cameras, lighting, signs, display boards, sound systems, video equipment
• Construction management: including site inspections and PROJECT administration • Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications • IN-HOUSE EMPLOYEE SERVICES after groundbreaking
• GRANT/PROJECT administration and accounting after groundbreaking Ineligible Development Costs – Cannot be charged to the grant • Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
• Costs incurred before or after the GRANT PERFORMANCE PERIOD 16 • Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Gifts and honorarium
• Food and beverages not associated with travel per diem • Out-of-state travel
• Fundraising, lobbying, and grant writing
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual hours worked on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee’s actual hours worked on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales and may include employer paid fringe benefit costs such as SDI, health insurance, pension contributions and workers’ compensation. • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
• If planning to claim IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet for OGALS review to confirm these accounting practices are being followed.
17 Acquisition Projects and Rules

1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.

2. Land cannot be acquired through eminent domain.

3. GRANTEE must provide Title Insurance.

Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED REPRESENTATIVE:
• A brief description, for example, “Acquisition of approximately (ENTER TOTAL ACREAGE to be acquired) for the development of [NAME] Park by (ENTER DATE no later than three years from the date final payment is issued by the SCO).” • Estimated total costs for land and relocation.
• Estimated total costs other than the purchase price and relocation costs, such as appraisals, escrow, title insurance, deed restriction recordation.

Acquisition Documentation
For each parcel to be acquired, submit these documents:

1. An appraisal conducted within the last twelve months.

2. A separate letter from an independent third party, AG rated appraiser certified by the California Office of Real Estate Appraisers stating the appraisal was reviewed, and was completed using acceptable methods.

3. County Assessor’s parcel map, showing parcel number and parcel to be acquired.

4. Estimated value of each parcel to be acquired with a description of how that value was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value).

5. Acreage of each parcel to be acquired.

For easement acquisitions, in addition to the requirements above, provide:

6. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.

For relocation costs, in addition to the requirements above, provide: A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §7260-7277.

Eligible Acquisition Costs
• IN-HOUSE EMPLOYEE SERVICES – see accounting rules
• GRANT/PROJECT administration and accounting
• Public meetings/focus groups/design workshop
• Appraisals, escrow fees, surveying, other costs associated with acquisition • Cost of land
• Surveying and/or lot line adjustments
• CEQA and/or environmental review
18 Ineligible Acquisition Costs – Cannot be charged to the grant • Acquisitions where purchase price is greater than appraised value • Costs for land acquired through eminent domain or condemnation • Costs incurred outside the GRANT performance period
• Development costs
19 IV. CONTRACT SECTION
The following section contains a sample CONTRACT, CONTRACT provisions, and a sample status report form.

State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Grant Contract
Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 CONTRACT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.

Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated into the Contract.

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________

GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER DATE
20 I. RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee] (hereinafter referred to as “grantee”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $[grant amount], subject to the terms and conditions of this AGREEMENT and the [2023- 2024 California State Budget, AB 102, Chapter 38, Statutes of 2023] (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 1, 2023 to June 30, 2027.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.

2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this AGREEMENT.

6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.

7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.

8. The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

9. The term “PROCEDURAL GUIDE” means the document identified as the “2023-243 Procedural Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
21 B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are ADVANCED for projects, the ADVANCED funds will be deposited into a federally insured account that provides the ability to track interest earned and withdrawals.

Interest earned on the ADVANCED funds shall be used on the project as approved by the STATE. If grant monies are ADVANCED and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.

2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the 22 GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this contract may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation, or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE or offer a contract amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2 of this CONTRACT.
23 G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.

4. The GRANTEE shall use a generally accepted accounting system. 24 I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.

2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this contract only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this contract and only with the prior approval of STATE.

4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.

5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration and in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
25 K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach. 26 III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. _____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
27 Project Status Report
To monitor progress, every six months OGALS will send Project Status Reports to GRANTEE to complete for each PROJECT. GRANTEE must return Status Reports to OGALS within thirty days from receipt. This requirement continues until OGALS receives GRANT COMPLETION PACKETS. Payment requests will not be processed if Project Status Reports are overdue. See the sample report below, which is subject to change.

Project Status Report
Grantee:

Project Number:

Project Name:

Advances to date without documentation (attach a Grant Expenditure Form documenting expenditure of the balance, if applicable):

If a portion of the advanced funds have not been spent, and more than six months have passed since the Grantee received the advanced funds, the balance must be spent on eligible costs or returned to OGALS within 60 days from receipt of this form.

Briefly describe completed work funded by the grant since the last Project Status Report [DATE]:
(Continue on another sheet if needed.)
Pre-Construction/Pre-Acquisition (Planning, CEQA, etc.):
1) ___________________________________________________________________________ ___________________________________________________________________________ Acquisition and/or Construction -- and Provide photos showing work completed since [DATE] 2) ___________________________________________________________________________ ___________________________________________________________________________ Potential Obstacles Affecting Completion
3) ___________________________________________________________________________ ___________________________________________________________________________ 4) Total Funds Spent To Date Using This Grant $_____________ 5) Percentage of Project Complete:________________
6) Estimated Date of Project Completion: ___________________ 7) On Time: Yes / No If not, explain:
8) Within Budget: Yes / No If not, explain:
9) Within Scope: Yes / No If not, explain:

I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.
__________________________ _______________________ _____________ Authorized Representative* Title Date
(*Certification to above information requires a signature by a person authorized in the resolution) 28 V. Grant Payment Section
There are three types of payments:
• Pre-construction and Construction Reimbursement payments • ADVANCE payments for construction and ACQUISITION ADVANCES into escrow • Final payments
Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE eight to ten weeks from the date the request is approved by OGALS.

OGALS will not approve payment requests that do not meet the requirements described in this GRANT ADMINISTRATION GUIDE.

OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
• Breach of any other contract with OGALS
• An unresolved audit exception
• An outstanding conversion
• Sites closed or inadequately maintained
• Overdue Project Status Reports
• Other unmet grant requirements
Payment Rules

1. Costs eligible for reimbursement must be directly related to the specified grant as described in the budget language.

2. GRANT payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final payment as a REIMBURSEMENT.

3. The GRANTEE should group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.

4. Complete CEQA prior to requesting any reimbursement for construction costs.

5. Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs, AND if claiming such costs, provide a sample timesheet with each reimbursement payment request.

6. Provide (1) a list of the bidders; (2) the recommendation and/or notice of award made by the governing board; and (3) the resulting signed contract agreement to the PROJECT OFFICER PRIOR to requesting reimbursement for costs on contracts requiring a competitive solicitation or bidding process.

7. Provide construction progress photos with all construction payment requests. 29 Pre-construction Reimbursement
Payment Type When to Request Document to
Send to PROJECT OFFICER

PRE-CONSTRUCTION
REIMBURSEMENT(s)
After the CONTRACT has
been ENCUMBERED
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
• Proof of competitive bid solicitation, if
applicable
Construction Reimbursement
Advance Payments
ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.

ADVANCE funds, and any interest earned on those funds, must be spent with six months of receipt, or returned to OGALS. ADVANCE payments are made at the discretion of OGALS. OGALS considers ADVANCE payments to be a privilege and reserves the right to disapprove ADVANCE payments.

Pre-construction Advance
Payment
Type
When to Request Documents to
Send to PROJECT OFFICER
PRECONSTRUCTION
ADVANCE(s)
After the GRANT
CONTRACT has been

ENCUMBERED
• Payment Request Form
• ADVANCE justification (see below)
• Proof of competitive bid solicitation, if
applicable
Construction Advance
Payment Type When to Request Documents to
Send to PROJECT OFFICER
ADVANCE(s) up
to 80% of

PROJECT
amount
After the GRANT
CONTRACT has been
ENCUMBERED, and
construction will
commence during
the next six months
• Payment Request Form
• ADVANCE justification (see below)
• Proof of competitive bid solicitation, if
applicable
• Signed construction contract and a notice to
proceed or IN-HOUSE EMPLOYEE SERVICES labor
schedule.

Payment Type When to Request Documents to
Send to PROJECT OFFICER
REIMBURSEMENT of
up to 80% of
PROJECT amount
before final payment
After the CONTRACT is
ENCUMBERED and the
GRANTEE incurred costs
for work related to the

GRANT SCOPE
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
• Construction progress photos
• Proof of competitive bid solicitation, if
applicable
30 Advance Justification
An ADVANCE justification must provide the following information:
• Why an ADVANCE is needed instead of a reimbursement.
• A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and the payees (IN-HOUSE EMPLOYEE or name of contractor). • A funding plan, indicating how the GRANTEE intends to fund the percentage of the PROJECT exceeding the 80% advance limit.
• A statement indicating the GRANTEE shall not put the funds into a federally insured account that provides the ability to track interest earned and withdrawals.

OGALS may not approve the total amount of the requested ADVANCE payment if the requested funds will not be spent within six months from the date that the payment request is submitted by the GRANTEE.

Clearing the Advance
ADVANCES must be cleared with six months of receipt. An ADVANCE is cleared by submitting:
• A Grant Expenditure Form documenting expenditures on eligible costs equal to the ADVANCE amount plus any earned interest if applicable.
• Photos of any construction completed with the ADVANCE funds (for construction ADVANCES).

Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to
100% of the
acquisition amount
After the contract is
encumbered and escrow is
open
• Advance request letter
• Escrow instructions letter
• Title report
• Payment request form
The following items are required to request an ADVANCE payment into escrow:

1. A letter on the GRANTEE’s letterhead, addressing all the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed b) Copy of the property appraisal and third-party appraisal review (see page 17) c) GRANT CONTRACT number and amount of GRANT funds requested d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the SCOPE and fulfillment of the CONTRACT provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” The GRANTEE is entitled to reasonably rely on the representations of the seller. 31 2. Cover page of the preliminary title report.

3. Payment Request Form: the “Send Payment To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person.

After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.

Returning Unexpended Advanced Funds or Interest
The balance of unspent GRANT funds must be returned to OGALS no later than thirty days after the end of the six-month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance.

OGALS cannot return interest to the CONTRACT balance.

If interest was earned on the ADVANCED funds, interest must be spent on ELIGIBLE COSTS, and any unspent GRANT funds returned to OGALS.

Subsequent Payments
Any outstanding ADVANCE payments must be cleared before any additional reimbursements or ADVANCE payments will be approved.

This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment.

The following items are required to request a waiver:

1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE explaining why the waiver is needed.

2. The majority of ADVANCED funds have been cleared.

3. A payment schedule with month-by-month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.

Final Payments / Project Completion Packets
OGALS recommends all PROJECT COMPLETION PACKETS be submitted by January 31, 2027.

The final payment (20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs:

1. Approval of the PROJECT COMPLETION PACKET and additional required documents in the charts below.

2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.

Project Completion Packet
To request final payment and complete the PROJECT, the GRANTEE must submit the following documents:

1. Payment Request Form (pg. 33)

2. Grant Expenditure Form (pg. 35)

3. Final Funding Sources Form (if any changes from original submission) (pg. 13) 32 4. Project Completion Certification Form (pg. 36)

5. Completed CEQA, if not already provided (pg. 14)

6. Notice of Completion (optional) OGALS recommends that the GRANTEE file a “Notice of Completion” with the County Recorder pursuant to State of California Civil Code §3093. Filing the “Notice of Completion” is not a PROJECT COMPLETION requirement.

7. Audit Checklist with items marked that the GRANTEE will retain for five years following receipt of final payment (pg. 38)
For acquisition PROJECTS, the GRANTEE must submit these additional documents:

1. A copy of the recorded deed to the property

2. A map sufficient to verify the description of the property including parcel numbers and acreage

3. Copy of title insurance policy

4. Copy of title report

5. Final Escrow Closing Statement
State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT PAYMENT REQUEST FORM
See Instructions for the series of grant forms being used.

SERVICES RENDERED DATE(S) (Bond Funded Only)
$
$
$
$
$

FOR CALIFORNIA DEPARTMENT OF PARKS AND RECREATION USE ONLY DPR 212 (Rev. 8/2023)(8/28/2023)

7. SEND PAYMENT TO:

8. CERTIFICATION:

I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this report and any accompanying documents for the above-mentioned Grant are true and correct to the best of my knowledge. d. AMOUNT OF THIS REQUEST
e. Remaining After This Payment (c. minus d)
b. Funds Requested to Date
c. Available (a. minus b.)

6. PAYMENT INFORMATION:
(Round all figures to the nearest dollar)
a. Grant Project Amount

1. PROJECT NUMBER

STREET ADDRESS

CITY/STATE/ZIP

AGENCY NAME

2. CONTRACT NUMBER

3. GRANTEE

5. TYPE OF PAYMENT
FINAL
DATE

NAME OF PERSON AUTHORIZED IN RESOLUTION TITLE

SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION

OGALS USE ONLY

4. PROJECT NAME

PAYMENT APPROVAL SIGNATURE DATE

ADVANCE REIMBURSEMENT

OGALS USE ONLY
PO# INV#

ATTENTION

OGALS USE ONLY
PO Initials
33 34
Payment Request Form Instructions
• Visit Grant Forms (ca.gov) for current forms
• Type or print legibly all entries
• Round all amounts to the nearest whole dollar
The following instructions correspond to items on the Payment Request Form:

1. PROJECT Number - The number assigned by OGALS to this project

2. CONTRACT Number - As shown in Certification of Funding section of the

CONTRACT

3. GRANTEE - GRANTEE name as shown on the CONTRACT

4. PROJECT Title - Name of the PROJECT as shown in the Application

5. Type of Payment – check appropriate box on form:

6. Payment Information
a. GRANT amount
b. Funds received to date - amount paid out from this GRANT c. Available - (a. minus b.)
d. Amount of this request
e. Remaining funds after this payment - (c. minus d.)

7. Send Payment To - GRANTEE name, address and contact person

8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT EXPENDITURE FORM
PROJECT NAME:

PROJECT NUMBER: Current FY $ -
Prior FY $ -
(1) PAYMENT METHOD
Check #,
Debit/Electronic Pmt (EP), Credit
Card Pmt (CC/EP or CC/Check#)
(2) DATE(S)
(In Date Order) (3) RECIPIENT (4) SCOPE ITEM

DESCRIPTION
(5) PRECONSTRUCTION
AMOUNT
(Planning)
(6) CONSTRUCTION

AND/OR ACQUISITION
AMOUNT
(8) FISCAL YEAR OF

EXPENDITURE
(Applicable only to Bond
Funded Grants. Current FY
or Prior FY)
$0.00
$0.00
$0.00
 (7) For Match or Reimbursement Rates, choose appropriate choice from dropdown.  Enter exact percentage of Match/Reimbursement Rate $0.00 $0.00
DPR 212E (Rev. 7/2023)(7/31/2023)
Grand Total (5) + (6)
Subtotal (5)
Subtotal (6)
Expenditure Total by Fiscal Year
(5) If state funded development project, pre-construction costs are eligible for up to 25% of the grant. Not applicable to federal funded projects (LWCF/RTP). (6) Construction, and/or acquisition costs eligible for up to 100% of grant. (7) If match is required, use drop down to choose Reimbursement Rate or Match Rate and enter the percentage applicable for your project in the field to the right. If match is not required, leave both percentage field and drop-down blank. (8) State Fiscal Year (FY) of expenditure has a defined start date of 7/1/XX ends 6/30/XX. Current FY is defined as the FY when Payment Request Form is signed by the Authorized Representative. Prior FY is defined as any past FY other than Current FY. Only applies to Bond Funded Grants. Does not apply to General Fund (Specified), OEP, HCF, LWCF, or RTP Grants.

Amount of Request
List only eligible costs charged to the Grant and Match, if required. Expenses must be incurred within the project performance period outlined on the grant contract and must align with the Grant Scope Cost Estimate. (1) If check, enter a check or warrant number. If debit/electronic fund payment or transfer, enter EP. If credit card payment, enter CC and the check number or EP that paid the credit card (e.g., CC/EP or CC/Ck #52963). Prior to reimbursement, credit card statements must show at minimum a payment equal to the charge/expense being requested for reimbursement. If in-house employee services or grantee's own equipment or vehicle was used, no payment method required. Grantee must substantiate these costs with project specific timesheets, equipment use log(s), vehicle mileage log(s) or credit card statements if requested and/or during an audit. (2) Date payment was made to recipient. If in-house employee services or grantee owned equipment or vehicle mileage expenses are being charged to the grant, a date range may be used in this column.
(3) Name of contractor or other entity providing services and/or materials, in-house employee services, vehicle mileage, grantee equipment. (4) Scope item related to the expenditure and a brief description, such as “playground design,” “permits," “walkway materials,” “sports field construction.” 35 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:

Grantee contact for audit purposes
Name:

Address:

Phone: ( ) Email:

Project completion – list the grant scope items:

Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Was a Notice of Completion filed with the County Recorder or other appropriate entity? Yes No
Certification:

I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.

I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.

Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.

I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
36 37
VI. ACCOUNTING AND AUDIT SECTION
Contact the DPR Audits Office for questions about the following requirements.

Accounting Requirements
GRANTEES must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.

Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT. • Time estimates for work performed on the PROJECT are not acceptable. • Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as “workers’ compensation.” • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.

State Audit
Grants are subject to audit by DPR (see Audit Checklist). All PROJECT records must be retained for five years after final payment was received.

The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
• All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by the DPR. • An employee having knowledge of the PROJECT and its records to assist DPR’s auditor. 38 Audit Checklist
An audit of the project may be performed before or following project completion. The GRANTEE must retain and make available all project related records for five years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office.

CONTRACTS
Summary list of bidders (including individual bid
packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
Construction contract agreement
CONTRACT bonds (bid, performance, payment)
CONTRACT change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants,
bank statements and EFT receipts**)
Stop Notices (filed by sub-contractors and release if
applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents

MINOR CONTRACTS/MATERIALS/SERVICES/EQUIPMENT

RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants, bank
statements and EFT receipts **)

ACQUISITION
Appraisal Report
Did the owner accompany the appraiser?
10-year history
Statement of just compensation (signed by seller)
Statement of difference (if purchased above
appraisal)
Waiver of just compensation (if purchased below
appraisal: signed by seller)
Final Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT
receipts, [payment(s) to seller(s)]
GRANT deed (vested to the participant) or final order of condemnation
Title insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)

INTEREST
Schedule of interest earned on State funds advanced
Note: Interest on grant ADVANCES is accountable,
even if commingled in a pooled fund account and/or
interest was never allocated back to the grant fund.

AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit.
** Front and back if copied.
39 VII. DEFINITIONS
Capitalized words and terms used in this process guide are defined below.

ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

APPLICANT – an entity which does not yet have a fully-executed CONTRACT with DPR and is identified as a GRANT recipient through a legislatively specified budget line item.

APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions.

APPROPRIATION DATE – July 1 of the State of California fiscal year when the funding of State budget line items is approved by the legislature. The APPROPRIATION DATE is the start of the GRANT PERFORMANCE PERIOD.

AUTHORIZED REPRESENTATIVE – the APPLICANT’S/ GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.

CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law establishing policies and procedures that require entities to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur as a result of the entities’ proposed PROJECT. For more information refer to https://opr.ca.gov/ceqa/
CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.

CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, payment of funds by DPR, and requirements for maintenance and use of the PROJECT.

CONTRACT ENCUMBRANCE PERIOD – the time starting with the APPROPRIATION DATE, when a CONTRACT must be fully executed between the GRANTEE and DPR to encumber the GRANT funds.

CONTRACT PERFORMANCE PERIOD – the period during which the grantee has obligations under the contract.

DEVELOPMENT – construction, installation, replacement, expansion, or renovation.

DPR – the California Department of Parks and Recreation.

ELIGIBLE COSTS – expenses incurred during the grant performance period to complete the SCOPE approved by OGALS through an encumbered contract.

GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s) during the GRANT PERFORMANCE PERIOD.

GRANTEE – an entity having a fully executed CONTRACT with DPR.

GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed CONTRACT. 40 IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’s employees working on the SCOPE.

OGALS – DPR’s Office of Grants and Local Services.

PRE-CONSTRUCTION COSTS – costs incurred during the planning, design, and permit phase of the PROJECT before construction can begin.

PROJECT – the features and support amenities listed in the Project SCOPE/Cost Estimate Form.

PROJECT COMPLETION – when the features and support amenities listed in the Project SCOPE/Cost Estimate Form are complete.

PROJECT COMPLETION PACKET – The documents required to request final payment following PROJECT COMPLETION
PROJECT OFFICER – an OGALS employee, who acts as a liaison with the applicants and GRANTEES, administers GRANT funds, and facilitates compliance with the Procedural Guide and CONTRACT.

SCOPE – the features and support amenities listed in the Project SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.

To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Date: June 25, 2024
SUBJECT: FUEL PURCHASE AGREEMENT BY AND BETWEEN THE COUNTY OF

LOS ANGELES AND THE CITY OF PARAMOUNT

BACKGROUND
The County of Los Angeles and the City of Paramount have had an agreement for fuel purchase for several years. The agreement is for Paramount law enforcement personnel to fuel their patrol vehicles using city-issued gas cards from The Jankovich Company.

The fuel expenditures exclusively for law enforcement are tracked and verified. The City of Paramount receives an invoice for fuel usage from The Jankovich Company every week. After the City submits payment, reimbursement is requested from the County of Los Angeles Internal Service Department.

DISCUSSION
The Fuel Purchase Agreement (Attachment 1) allows the City of Paramount to continue seeking reimbursement from the County of Los Angeles. The current agreement, which took effect July 1, 2019, has a five-year term and is set to expire on June 30, 2024. The term of this agreement shall commence July 1, 2024, or upon execution by both parties, whichever is later, and shall terminate on June 30, 2029, unless sooner terminated as provided herein.

FISCAL IMPACT
There is no fiscal impact. The Los Angeles County agrees to reimburse the City for fuel utilized by contracted Sheriff’s Department vehicles. A budget allocation of $10,000 for gasoline/diesel fuel is allocated under the Sworn Division account.

Agenda Report June 25, 2024
FUEL PURCHASE AGREEMENT WITH LOS ANGELES COUNTY Page 2

RECOMMENDED ACTION
Approve the fuel purchase agreement with the County of Los Angeles and authorize the Mayor or City Manager to execute the agreement.

To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Kim Sao, Finance Director
Date: June 25, 2024
SUBJECT: AUTHORIZATION TO INCREASE THE BUDGET FOR VARIOUS

CAPITAL IMPROVEMENT PROJECTS (CIP) WITHIN FISCAL YEAR
2023-24

BACKGROUND
The Capital Improvement Project (CIP) budget includes various projects aimed at promoting quality of life while offering community members with infrastructure that is safe, attractive, and well-maintained. As projects move through the design and construction phase, additional funding is sometimes required given unexpected and required modifications.

DISCUSSION
A few projects experienced some unexpected modifications as the projects moved from the design phase into the construction phase. These exceeded the original City Council approved project budgets. It should be noted that these project overruns could not have been anticipated prior to the contractors commencing the work. As a result, the following projects need additional appropriations.

CIP No. Project Name Requested
Appropriation
Project
Status
Funding
Source
9232 Traffic Signal
Alondra/Passage
$19,000 – Construction
Observation
Completed Measure M
9330 Arterial Street
Resurfacing Project
$11,000 – Construction
Observation
Carryover Prop C
9434 Alley Improvement
(2024)
$19,000 – Engineering
Design
Carryover General
Fund
From these three projects, CIP No 9232 (Traffic Signal – Alondra/Passage) has already been completed and the acceptance of project was previously approved. CIP No 9330 (Arterial Street Resurfacing Project) is a carryover project, anticipated to be completed by this summer. CIP No. 9434 (Alley Improvement 2024) is also a carryover project and construction on the project will begin later this summer.

Agenda Report June 25, 2024
AUTHORIZATION TO INCREASE THE FY 24 CIP BUDGET Page 2

FISCAL IMPACT
A total appropriation of $49,000 is needed to be included in the FY2023-24 Capital Improvement Budget utilizing a combination of General Funds, Prop C, and Measure M.

RECOMMENDED ACTION
Appropriate $49,000 from a combination of Measure M, Prop C, and General Fund as shown in the agenda report and adjust the FY2023-24 Capital Improvement Project Budget to reflect those modifications.

To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: June 25, 2024
SUBJECT: AUTHORIZING LETTER OF AGREEMENT AMENDING MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF PARAMOUNT AND
TEAMSTERS LOCAL 911

BACKGROUND
The City of Paramount’s (City) only labor unit formed in 2019 and is represented by Teamsters Local 911 (bargaining unit). The bargaining unit consists of 22 nonmanagement employees of the Public Works Department. The City Council authorized a Memorandum of Understanding (MOU) with the bargaining unit on June 8, 2022 for a three-year agreement ending June 30, 2025. On July 13, 2023, the City and Teamsters approved a Letter of Agreement (LOA) to extend the term of the 2022-25 MOU to June 30, 2026; increased the July 2023 base salary to five percent (5%); and provided a base salary increase for July 2025 to a minimum of two percent (2%) and up to a maximum of four percent (4%).

DISCUSSION
Over the past few weeks, staff met with the Teamsters Local 911 and reviewed the proposed updates to benefits that will be provided to all City non-represented employees effective July 1, 2024. The Teamsters provided their approval for those benefits provided to represented employees. As approved in the FY 2024-25 adopted Budget, the City Manager recommends the Teamsters be offered the additional benefits listed below.

1. Mental Health Day - all full-time employees to receive one (1) mental health day annually. The mental health day will be granted every July 1st and must be used within the same fiscal year; it cannot carry over to the next fiscal year (“use it or lose it”). This day will be available for employees to use if they are experiencing mental health issues, stress, or similar challenges.

2. Deferred Comp Cash match - provide a one-time 457(b) Deferred Compensation Bonus Match for all employees. From July 1, 2024 to June 30, 2025, the City will match any 457(b) contributions made by full-time employees up to $700 on a dollar for dollar basis.

Agenda Report June 25, 2024
RESOLUTION: NO. 24:021 Page 2

3. Vacation Cash-Out Program. Under this program, employees will be able to cash out sixty (60) of their accrued vacation hours annually, provided they have taken at least eighty (80) hours of vacation in the prior year.

4. The 2025 Cesar Chavez holiday shall be observed on December 23, 2024.

The change requires that the City Council adopt a Resolution approving a Letter of Agreement between the City and the Teamsters Local 911 to memorialize the change in terms (Attachment A).

FISCAL IMPACT
For purposes of efficiency and uniformity, the fiscal impact regarding this item is reflected in the FY 25 Adopted 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
Read by title only and adopt Resolution No. 24:021 authorizing the City Manager to execute the Letter of Agreement amending the Memorandum of Understanding between the City of Paramount and Teamsters Local 911.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:021

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT

AUTHORIZING LETTER OF AGREEMENT AMENDING MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF PARAMOUNT AND
TEAMSTERS LOCAL 911
WHEREAS, the City of Paramount (“City”) and Teamsters Local 911 (“Teamsters”) (collectively “Parties”) reached agreement on a Memorandum of Understanding covering the period June 8, 2022 to June 30, 2025 (“2022-25 MOU”); and WHEREAS, on July 13, 2023, the City and Teamsters approved a Letter of Agreement to extend the term of the 2022-25 MOU to June 30, 2026; increased the July 2023 base salary to five percent (5%); and provided a base salary increase for July 2025 to a minimum of two percent (2%) and up to a maximum of four percent (4%); and WHEREAS, the City and Teamsters have met and conferred to amend the terms of the 2022-25 MOU and 2023 Side Letter Agreement and increase specific employee benefits; and

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. Therefore, the Parties agree as follows:

1. The benefits set forth in Resolution No. 23:025 that provides an increase to Deferred Compensation Match, Personal Holiday Leave Policy, and Draw Down, Payout and Archive Banked Hours Policy are also provided to Teamsters-represented employees.

2. The City will adopt and implement a Mental Health Day benefit and policy as set forth in Attachment “A” to this Letter of Agreement that will apply to Teamsters-represented employees.

3. The City will adopt and implement a Vacation Cash Out benefit and policy as set forth in Attachment “B” to this Letter of Agreement that will apply to Teamsters-represented employees.

4. The City will provide a deferred compensation match for any 457(b) contributions made by full-time employees up to $700 on a dollar for dollar basis, in FY 2024-25 only.

RESOLUTION NO. 24:021

Page 2 ends

5. The City and Teamsters agree that during fiscal year 2024-2025 only, the Cesar Chavez holiday will not be observed in March 2025 and instead employees will be provided with holiday leave on December 23, 2024.

6. The City and Teamsters agree with the terms and conditions included in this Letter of Agreement (Attachment “C”).

SECTION 3. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 25th day of June 2024.

Annette C. Delgadillo, Mayor
ATTEST:

Heidi Luce, City Clerk
RESOLUTION NO. 24:021

Page 3 ends

ATTACHMENT A

MENTAL HEALTH DAY
A paid mental health day is a day off work (eight hours for employees on a 5/40 schedule and nine hours for employees on a 9/80 schedule) for an employee to prioritize their wellbeing and address any mental health challenges they may be facing. This designated day off provides an opportunity for employees to engage in self-care activities tailored to their needs, whether it involves relaxation, seeking therapy, practicing mindfulness, or simply taking a break from the demands of daily life. The need for a mental health day can stem from various sources beyond the workplace environment. External stressors like chronic illness, family obligations, financial pressures, or personal crises can significantly impact one’s mental health, underscoring the importance of having dedicated time to recuperate and recharge. The City remains committed to fostering a culture of understanding and compassion, ultimately promoting greater overall well-being among its workforce.

ELIGIBILITY
All regular full-time employees shall be granted one (1) mental health day every fiscal year, beginning on July 1st.

PURPOSE
A mental health day can be used for:
• Therapy and related appointments;
• Recovery from physical/mental illness or injury;
• Unplugging and taking the day off to unwind.

Full-time employees may also use their sick leave accruals for mental health issues.

Please note: Employees are required to submit proof of illness from a licensed physician upon missing three (3) or more consecutive days of work.

Leave Request:

Employees must request to take a mental health day in a reasonable time in advance of the proposed mental health day. A supervisor, in their discretion, may approve a mental health day request if the employee submits the request within two hours of the beginning of the employee’s work shift. Failure to provide reasonable advance notice may result in denial of the mental health day.

Additional Information:
• A mental health day is not an accrued benefit and will not be carried over beyond June 30 of each fiscal year.
• A mental health day has no cash value and will not be cashed out at the time of separation or retirement.

RESOLUTION NO. 24:021

Page 4 ends

• A mental health day cannot be used in conjunction with vacation days, personal holiday hours, and/or compensatory time off.
• A mental health day must be used as an entire day off, not incrementally or partial days.

RESOLUTION NO. 24:021

Page 5 ends

ATTACHMENT B

VACATION BUYBACK PROGRAM

PURPOSE
The purpose of the Vacation Buyback Program is to encourage employees to use their accrued vacation hours to promote a life-work balance. This policy will incentivize those who use vacation hours throughout the year by allowing them to cash out a portion of their remaining accrued vacation balance.

Beginning in November 2024, and each November thereafter, full-time employees who wish to cash out vacation hours in the next calendar year, shall make an irrevocable election and submit it to the City, in writing, no later than November 1. Employees may cash out up to sixty (60) hours that they may accrue the next calendar year for the irrevocable election. The City shall make a form available to employees to make the irrevocable election no later than October 15 of each year. In order to be eligible to participate in the vacation buyback program, employees must have taken at least eighty (80) hours of vacation during the calendar year (of the vacation buyback election). Any cash out of vacation leave will not cause the employee’s total amount of accumulated vacation in their vacation bank to fall below 180 hours.

Employees who do not submit an irrevocable election form by November 1 will be deemed as foregoing participation in the optional annual vacation buyback program for that following calendar year.

The payment will be made via a separate check or direct deposit during the second payroll in February.

The vacation buyback program is not a recognition or reward program.

Income from the vacation buyback program does not constitute annual salary for the purposes of retirement calculations
In the event an employee has less hours in their vacation bank eligible for cash out at the time the cash out is to be paid than they had previously elected to cash out, then the employee shall only be paid up to the eligible amount remaining in their vacation bank at the time of their actual cash out by February 15 of each year.

RESOLUTION NO. 24:021

Page 6 ends

ATTACHMENT C
CITY OF PARAMOUNT AND TEAMSTERS LOCAL 911

LETTER OF AGREEMENT
RE: EXTENSION OF 2022-25 MOU and PROVISION OF OTHER BENEFITS WHEREAS, the City of Paramount (“City”) and Teamsters Local 911 (“Teamsters”) reached agreement on a Memorandum of Understanding covering the period June 8, 2022 to June 30, 2025 (“2022-25 MOU”); and
WHEREAS, the 2022-25 MOU Article Four Section 1.B and 1.C provided that “Effective the first day of the first full pay period in July 2023, the base salary ranges for the represented classifications shall be increased three percent (3%)” and that “effective the first day of the first full pay period in July 2024, the base salary ranges for the represented classifications shall be increased two and one-half percent (2.5%);” and
WHEREAS, the City passed Resolution No. 23:025 that provides an increase to Deferred Compensation Match, Personal Holiday Leave Policy, and Draw Down, Payout and Archive Banked Hours Policy on or about June 23, 2023; and WHEREAS, on July 13, 2023, the City and Teamsters approved a Letter of Agreement to extend the term of the 2022-25 MOU and increase base salaries; and WHEREAS, the City has determined that it will offer a Mental Health Day Off, deferred compensation match, and Vacation Cash Out benefit to its unrepresented employees and Teamsters has an interest in having those same benefits provided to its represented employees; and
WHEREAS, the City and Teamsters have discussed switching the observation of the 2025 Cesar Chavez holiday with December 23, 2024 to allow for a longer holiday break during the week of Christmas.

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

2. The City will adopt and implement a Mental Health Day benefit and policy as set forth in Attachment “A” to this Letter of Agreement that will apply to Teamsters-represented employees.

RESOLUTION NO. 24:021

Page 7 ends

2. The City will adopt and implement a Vacation Cash Out benefit and policy as set forth in Attachment “B” to this Letter of Agreement that will apply to Teamsters-represented employees.

4. The City will provide a deferred compensation match for any 457(b) contributions made by full-time employees up to $700 on a dollar for dollar basis, in FY 2024-25 only.

IT IS SO AGREED
DATE: ________ ________________________
TEAMSTERS LOCAL 1911
DATE: ________ _________________________

CITY OF PARAMOUNT
To: Honorable City Council
From: John Moreno, City Manager
By: Kim Sao, Finance Director
Date: June 25, 2024
SUBJECT: APPROVING AN INTERFUND LOAN BETWEEN THE GENERAL FUND

AND THE WATER FUND

BACKGROUND
In May 2010, the City entered into Enterprise Fund Installment Sale Agreements BC08- 095 and BC08-122 with California Infrastructure and Economic Development Bank (“IBank”). The original agreement between I-Bank and the City of Paramount was a loan of $5,500,000 to construct a water well and other water treatment facilities. The loan is to be repaid by August 2039, over 30 years at 3.31% annual interest. As of June 30, 2023, the outstanding balance is $3,826,306.

In May 2018, another agreement was made between the I-Bank and the City for a loan of $6,700,000 to construct a water well (Well 16) and other water treatment facilities. The loan is to be repaid by August 2047, over 30 years at 3.03% annual interest. The City has pledged net system revenues of the Water Fund to the repayment of the note. As of June 30, 2023, the outstanding balance is $6,082,734. The Installment Sales Agreement required the City to demonstrate that Net System Water Enterprise Revenues will exceed

1.2 Maximum Annual Debt Service (MADS) in any future fiscal year.

Due to various factors, Well 16 is not yet operational and the City must purchase costlier imported water for its residents. Exacerbated by the spiraling inflation that occurred since the Pandemic, the unanticipated imported water expense has increased the annual operating costs by approximately $2 million per year. Of the $19 million American Rescue Plan Act (ARPA) money that the City received in FY 2022, a total of $7.2 million was transferred to the Water Fund to cover the purchase and expenses of the water operation.

Once Well 16 is authorized by the State to provide potable water into the Paramount water system, the Water Fund expenses will experience a reduction. At present, the State’s Division of Drinking Water is analyzing results from recently installed nearby ground monitoring wells and it is not certain when Well 16 will be approved to provide potable water.

In addition, on December 12, 2023, the City Council approved the financing of $11,236,354 to purchase and install Advanced Metering Infrastructure (AMI) water meters in an effort to improve water revenue collection, conservation and operational efficiencies.

The $11 million 20-year term loan is to be repaid utilizing the savings recovered from the Agenda Report June 25, 2024
RESOLUTION NO. 24:028 Page 2
accuracy of the residential and commercial water bills and the City’s reduced maintenance cost. However, the full installation of the AMI meters is not expected to be completed until around October 2024, and in addition, the City Council gave staff policy direction to phase in full cost recovery of the increased water bills over a 12-month period.

Therefore, the Water Fund will not immediately recover sufficient revenues to pay its initial $897K debt service payment for FY 2025.

These conditions have led the Water Fund to the point that the income from the operation will be insufficient to meet the debt service coverage ratio required for the I-Bank agreements, and its fund balance is reduced to an unacceptable level. The Water Fund and City have developed the following plan to remedy these situations.

DISCUSSION
Remedy for Water Fund financial problems
Staff recommends an $850,000 interfund loan from the General Fund to the Water Fund, effective FY 2023-24. This loan will provide some cashflow for the FY 2023-24 Water Fund operation, but this may not be sufficient to meet the Debt Service coverage ratio required by I-bank.

A second $850,000 interfund loan is requested for the following FY 2024-25; however, staff will monitor the Water Fund finances, and if necessary, may cancel this transaction if deemed not needed for any reason.

The proposed loan terms are 1) a simple interest rate of 4%, which will begin to accrue on July 1, 2026, and 2) the Water Fund is to fully repay the General Fund by June 30, 2026, or have a repayment schedule in place by then. Basically, this interfund loan is interest-free if fully repaid within two years.

Currently, the City is in the middle of a 5-year phase-in of water rate increases, which became effective in January 2022. The last rate increase will be effective January 2026, which is less than two years away. Along with the AMI meters, the final remedial action is to conduct a comprehensive Water Rate Study to reevaluate the water rates and recommend appropriate actions necessary to ensure the sustainability of the City’s Water operation and ability to repay its debt obligations to I-Bank and the City’s General Fund.

FISCAL IMPACT
Due to unexpected delays with the completion of Well 16, the City was required to purchase costlier imported water for its customers. This created significant financial stress to the Water Fund, used up essential fund balances, and pushed the Water Fund to be non-compliant with its debt service coverage requirements. Staff recommends an $850,000 interfund loan for FY 2023-24 and an additional $850,000 interfund loan for FY 2024-25 to assist the Water Fund with its cashflow, although this may not necessarily result in the debt coverage compliance until Well 16 is fully operational. The Water Fund Agenda Report June 25, 2024
RESOLUTION NO. 24:028 Page 3
is to fully repay the General Fund by June 30, 2026 or have a repayment schedule in place by then; however, the repayment is unsecured and subordinate to the payment of all I-Bank loan obligations.

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
Read by title only and adopt Resolution No. 24:028.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 24:028

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT

APPROVING AN INTERFUND LOAN BETWEEN THE GENERAL FUND

AND THE WATER FUND
WHEREAS, in May 2010, the City entered into Enterprise Fund Installment Sale Agreements BC08-095 and BC08-122 with California Infrastructure and Economic Development Bank ( “I-Bank”) for a loan of $5,500,000 to construct a water well and other water treatment facilities; the loan is to be repaid by August 2039 and currently has a balance of approximately $3.8M; and
WHEREAS, thereafter, the City and I-Bank entered into an additional Installment Sales agreement for $6,700,000 to construct Well 16 and other water treatment facilities, which loan is to be repaid by August 2047 and the City has pledged net system revenues of the Water Fund to the repayment of the loan, which currently has a balance of approximately $6M; and
WHEREAS, per the Installment Sales Agreements, the City must demonstrate that Net System Water Enterprise Revenues will exceed 1.2 Maximum Annual Debt Service (MADS) in any fiscal year; and
WHEREAS, because Well 16 is not yet operational and the City must purchase costlier imported water for its residents and this unanticipated increased cost, along with inflation, has increased the annual operating costs by approximately $2M per year; and WHEREASE, at present, the State’s Division of Drinking Water is monitoring the well and it is not certain when Well 16 will be approved to provide potable water; when once Well 16 is approved to provide potable water, the Water Fund expenses will decrease; and
WHEREAS, on December 12, 2023, the City Council also approved the financing of $11,236,354 20-year term loan to purchase and install Advanced Metering Infrastructure (AMI) water meters in an effort to improve water revenue collection, conservation and operational efficiencies, which loan is to be repaid utilizing the savings recovered from the accuracy of the residential and commercial water bills and the City’s reduced maintenance cost; and
WHEREAS, per City Council direction, full cost recovery of the increased water bills phasing in over a 12-month period means the Water Fund will not immediately recover sufficient revenues to pay its $897K debt service payment for FY 2025; and WHEREAS, for all of these reasons, the Water Fund’s net revenues from its operations will be insufficient to meet the debt service coverage ratio required for the IBank agreements, and its fund balance is reduced to an unacceptable level; and RESOLUTION NO. 24:028

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Paramount City CouncilJune 25, 2024

Paramount City Council
June 25, 2024