CALENDAR YEAR 2023
DELINQUENT REFUSE COLLECTION
ACCOUNT NO. TOTAL LIEN DUE SERVICE ADDRESS APN
45 PM1923 $437.61 6536 SAN MATEO ST 6237030014
46 PM1955 $439.07 6553 SAN VINCENTE ST 6237028022
47 PM1962 $440.73 6601 72ND ST 7101008040
48 PM1980 $369.98 6612 SAN LUIS ST 6237018003
49 PM2005 $437.61 6622 CARO ST 7101003004
50 PM2014 $368.70 6623 SAN LUIS ST 6237019017
51 PM2018 $440.73 6625 MARCELLE ST 7101006018
52 PM2048 $381.26 6636 SAN JUAN ST 6237023008
53 PM2092 $440.73 6701 72ND ST 7101008031
54 PM2098 $439.91 6709 72ND ST 7101008029
55 PM2115 $637.45 6726 CARO ST 7101004001
56 PM2160 $293.96 6817 SAN JUAN ST 6237011020
57 PM2223 $190.00 6842 SEVERN DR 6239008001
58 PM2226 $225.29 6843 SAN MIGUEL ST 6237012016
59 PM2267 $219.22 7027 SAN CARLOS ST 6237008017
60 PM2343 $439.07 7108 TREVES DR 6236007014
61 PM2386 $441.73 7132 TREVES DR 6236007018
62 PM2407 $219.22 7217 MARCELLE ST 7102007003
63 PM2458 $519.33 7311 CORTLAND AVE 6236015013
64 PM2516 $219.86 7345 ROOD ST 6236023074
65 PM2559 $107.40 7427 MENDY ST 6236024005
66 PM2568 $495.24 7442 LIONEL ST 6236026020
67 PM2570 $579.19 7448 LIONEL ST 6236026021
68 PM2595 $440.52 7547 HAPPY ST 6242013020
69 PM2604 $437.75 7606 ADAMS ST 6240017002
70 PM2606 $352.32 7608 RACINE AVE 6242018011
71 PM2643 $440.73 7830 HOWE ST 6242028021
72 PM2673 $439.91 8029 2ND ST 6241015035
73 PM2761 $439.07 8114 GARDENDALE ST 6264002057
74 PM2799 $294.92 8128 CENTURY BLVD 6265010006
75 PM2878 $439.82 8219 WILBARN ST 6265025040
76 PM2960 $238.97 8314 GOLDEN AVE 6264010010
77 PM2980 $632.16 8325 WILBARN ST 6265026080
78 PM3010 $440.73 8337 WILBARN ST 6265026090
79 PM3020 $217.57 8342 WILBARN ST 6265028089
80 PM3050 $440.73 8408 HARRISON ST 7103030029
81 PM3132 $584.68 8442 2ND ST 6241007017
82 PM3137 $368.70 8446 JACKSON ST 7103017024
83 PM3143 $439.07 8505 MADISON ST 6268015009
84 PM3301 $219.86 15545 BRAYTON ST 6240006037
85 PM3320 $219.86 8419 COLONY CT 6270035014
86 PM3340 $219.86 8302 RANCHO DORADO RD 6264009045
87 PM3373 $439.38 14910 CALLE LAS BRISAS 6241031010
88 PM3378 $219.86 14925 GARFIELD AVE 6241025039
CALENDAR YEAR 2023
DELINQUENT REFUSE COLLECTION
ACCOUNT NO. TOTAL LIEN DUE SERVICE ADDRESS APN
89 PM3551 $300.24 7337 LUGO AVE 6236014023
90 PM3598 $439.91 7223 JACKSON ST 7102006021
91 PM3618 $437.61 6837 SAN JUAN ST 6237011016
92 PM3619 $437.61 6837 1/2 SAN JUAN ST 6237011016
93 PM3654 $219.22 6629 SAN MARCUS ST 6237020018
94 PM3655 $219.22 6629 1/2 SAN MARCUS ST 6237020018
95 PM3667 $359.44 13707 FAIRLOCK AVE 6242004019
96 PM3682 $437.61 6732 MOTZ ST 7101005002
97 PM3705 $223.64 6614 SAN MARCUS ST 6237019003
98 PM3706 $439.07 14137 ORIZABA AVE 6265014013
99 PM3710 $439.38 7905 ADAMS ST 6270002018
100 PM3724 $439.07 15620 KERVIN AVE 6268035016
101 PM3743 $439.91 7053 SAN MIGUEL ST 6237006023
102 PM3800 $301.59 16429 INDIANA AVE 7103019013
103 PM3816 $368.70 8113 HARRISON ST 7103022028
104 PM3834 $415.61 15503 VIRGINIA AVE 6270019024
105 PM3835 $437.61 15365 VIRGINIA AVE 6270019024
106 PM3837 $573.14 15505 VIRGINIA AVE 6270019024
107 PM386 $439.07 13405 DOWNEY AVE 6264010014
108 PM3874 $440.16 8135 HOWE ST 6265009013
109 PM3884 $294.92 8219 ROSECRANS AVE 6265027052
110 PM3902 $730.69 7306 LUGO AVE 6236015010
111 PM3904 $439.91 16451 ORIZABA AVE 7103023014
112 PM3918 $175.12 13609 FANSHAW AVE 6265006021
113 PM393 $439.91 13418 1/4 OBISPO AVE 6264013078
114 PM3936 $405.83 14119 ORIZABA AVE 6265014009
115 PM394 $439.38 13418 OBISPO AVE 6264013078
116 PM3959 $440.73 15539 COLORADO AVE 6270014017
117 PM3975 $147.99 6641 SAN VINCENTE ST 6237022021
118 PM4057 $199.86 7323 MOTZ ST 7102009039
119 PM4058 $440.62 7321.5 MOTZ ST 7102009038
120 PM4072 $440.73 13827 RUTHER AVE 6265012011
121 PM4137 $762.40 7542 ADAMS ST 6240018044
122 PM4154 $440.30 8061 MADISON ST 6270017012
123 PM4157 $439.07 15629 ARAVACA DR 6239012002
124 PM4167 $439.07 7026 MYRRH ST 6240006007
125 PM4190 $439.91 8137 MCKINLEY AVE 6264002007
126 PM4191 $440.73 6519 SAN VINCENTE ST 6237028017
127 PM4202 $439.07 8325 3RD ST 6241005005
128 PM4228 $439.98 15126 RANCHO OBISPO RD 6268041058
129 PM4237 $289.07 8124 RANCHO ARROYO ST 6264016071
130 PM4249 $194.92 13622 FANSHAW AVE 6265005005
131 PM4295 $440.73 7027 MYRRH ST 6 6240005037
132 PM4333 $439.07 15723 VIRGINIA AVE 6270022048
CALENDAR YEAR 2023
DELINQUENT REFUSE COLLECTION
ACCOUNT NO. TOTAL LIEN DUE SERVICE ADDRESS APN
133 PM4374 $439.07 8222 DENBO ST 6265018022
134 PM4455 $373.70 8114 MCKINLEY AVE 6264003024
135 PM4463 $250.30 7017 MYRRH ST 6240005034
136 PM4465 $751.40 14133 ORIZABA AVE 6265014012
137 PM4472 $756.19 7128 SAN VINCENTE ST 6241028005
138 PM4541 $264.75 7529 HAPPY ST 6242013017
139 PM4545 $300.18 14029 ORIZABA AVE NO 5 6265013036
140 PM4590 $440.73 15157 HAYTER AVE 6268027037
141 PM4630 $398.81 8030 1ST ST 6241013024
142 PM4659 $440.73 6816 SAN MATEO ST 6237015004
143 PM4660 $368.70 7112 SAN MARCUS ST 6241030003
144 PM4686 $431.50 6642 SAN CARLOS ST 6237024009
145 PM4714 $140.74 8813 CHESTER ST 6268020009
146 PM4720 $440.73 15714 OLIVA AVE 6268020049
147 PM4731 $439.07 13921 DOWNEY AVE 6265022060
148 PM4737 $579.19 8418 COLONY CT 6270035015
149 PM4742 $120.36 8826 CHESTER ST 6268019006
150 PM476 $437.04 13617 RACINE AVE 6242001007
151 PM4799 $438.94 14501 ORANGE AVE 6237011010
152 PM482 $219.86 13620 JETMORE AVE 6265007005
153 PM4822 $219.86 15132 RANCHO CENTINA RD 6268041050
154 PM4859 $102.98 13945 FACADE AVE 6242017005
155 PM4913 $439.07 8420 COLONY CT 6270035016
156 PM495 $219.86 13630 JETMORE AVE 6265007007
157 PM5009 $433.33 6815 SAN MIGUEL ST 6237012022
158 PM5070 $281.97 14705 SAN ANTONIO AVE 6237029001
159 PM508 $439.07 13640 WIEMER AVE 6265006009
160 PM513 $579.19 13651 OBISPO AVE 6264024042
161 PM5172 $369.98 6608 CARO ST 7101003027
162 PM5176 $439.07 8459 TEPIC DR 6270028027
163 PM5224 $1,249.81 14624 CASTANA AVE 6268039025
164 PM5241 $219.86 6833 SAN MIGUEL ST 6237012018
165 PM5246 $439.91 8040 MCKINLEY AVE 6264005015
166 PM5283 $393.24 15004 INDIANA AVE 6241007058
167 PM5329 $439.91 8332 OLANDA ST A 6265020048
168 PM5386 $374.40 14600 ORANGE AVE 6237006001
169 PM5387 $585.02 7318 MARCELLE ST 7102005013
170 PM5428 $579.60 7046 SAN VINCENTE ST 6237004014
171 PM5470 $300.24 15322 EL CAMINO AVE 6239009004
172 PM5471 $440.72 15107 BELLOTA AVE 6268028001
173 PM5475 $294.92 6819 72ND ST 7101007022
174 PM5532 $437.61 14012 ARTHUR AVE 6242027003
175 PM5544 $491.81 15715 VIRGINIA AVE 1 6270022043
176 PM5560 $219.86 14515 COKE AVE 6268038015
CALENDAR YEAR 2023
DELINQUENT REFUSE COLLECTION
ACCOUNT NO. TOTAL LIEN DUE SERVICE ADDRESS APN
177 PM5569 $387.92 6302 RANCHO PARADA RD 7101037010
178 PM559 $439.07 13827 RACINE AVE 6242012009
179 PM5592 $325.92 8014 1ST ST 6241013004
180 PM5599 $375.30 15348 VERDURA AVE 6268012017
181 PM5609 $762.58 14814 SAN ANTONIO AVE 6237030019
182 PM5643 $691.01 16317 HUNSAKER AVE 7101011018
183 PM5644 $239.07 14411 ORANGE AVE 6237010012
184 PM5795 $584.56 7226 CORTLAND AVE 6236017013
185 PM5797 $777.59 14926 INDIANA AVE 4 6241007052
186 PM582 $327.49 13902 LEATART AVE 6236025017
187 PM5821 $439.07 13606 FANSHAW AVE 6265005002
188 PM5834 $522.36 15303 RANCHO CENTINA RD 6268042049
189 PM5880 $439.07 16432 GEORGIA AVE 7103021008
190 PM5926 $762.43 15550 CYPRIA CIR 6240006060
191 PM597 $439.07 13909 DOWNEY AVE 6265020065
192 PM601 $504.62 13911 RUTHER AVE 6265012007
193 PM6011 $762.49 13720 FLORINE AVE 6242006020
194 PM606 $440.73 13915 FAIRLOCK AVE 6242014004
195 PM6067 $437.61 8018 ADAMS ST B 6270011021
196 PM6088 $439.39 6821 SEVERN DR 6239008007
197 PM609 $440.73 13916 RACINE AVE 6242014009
198 PM614 $300.24 13921 FACADE AVE 6242017009
199 PM6188 $286.49 7104 MADISON ST 6240007048
200 PM6251 $294.92 15112 BELLOTA AVE 6268029040
201 PM6254 $865.25 7022 SAN LUIS ST 6237001006
202 PM6292 $439.91 13418 1/2 OBISPO AVE 6264013078
203 PM6304 $300.05 14050 ARTHUR AVE 6242027024
204 PM6390 $438.75 15144 FAULKNER AVE 6239007005
205 PM6392 $439.91 15147 FAULKNER AVE 6239005024
206 PM6419 $293.96 15324 ORIZABA AVE 6270009005
207 PM6457 $437.61 15528 HAYTER AVE 6268021036
208 PM6480 $437.61 15727.5 ORIZABA AVE 6270024025
209 PM6523 $192.47 16252 1/2 GEORGIA AVE 7103014012
210 PM6533 $762.40 16417 CALIFORNIA AVE 7103024020
211 PM6538 $439.91 16425 BIXLER AVE 7103018024
212 PM6539 $439.91 16425.5 BIXLER AVE 7103018024
213 PM6562 $439.91 16611.5 LAKE AVE 7102029017
214 PM6575 $439.27 16649.5 VERMONT AVE 7102028017
215 PM6597 $752.38 6533.5 SAN MARCUS ST 6237030025
216 PM6625 $409.59 6622.5 CARO ST 7101003004
217 PM6631 $368.70 6625 SAN LUIS ST 6237019017
218 PM6652 $762.40 6715 72ND ST 7101008029
219 PM6655 $439.91 6728 CARO ST 7101004001
220 PM6659 $298.96 6740.5 MOTZ ST 7101005003
CALENDAR YEAR 2023
DELINQUENT REFUSE COLLECTION
ACCOUNT NO. TOTAL LIEN DUE SERVICE ADDRESS APN
221 PM6670 $299.54 6819 SAN JUAN ST 6237011020
222 PM6749 $439.97 7219.5 MARCELLE ST 7102007003
223 PM6750 $219.22 7219 MARCELLE ST 7102007003
224 PM6790 $293.96 7814 ROSE ST 6242026012
225 PM6897 $368.70 8448 JACKSON ST 7103017024
226 PM6934 $439.91 15318 VERMONT AVE 6270013023
227 PM6946 $237.46 15919 ORIZABA AVE 7103005026
228 PM6947 $237.13 15919.5 ORIZABA AVE 7103005026
229 PM6956 $298.96 7018 SAN RAFAEL ST 6237008013
230 PM6961 $439.91 7221 JACKSON ST 7102006021
231 PM6977 $439.80 6614.5 SAN MARCUS ST 6237019003
232 PM6981 $438.75 14617 GUNDRY AVE 6237006023
233 PM6982 $439.91 14625 GUNDRY AVE 6237006023
234 PM6991 $368.70 16456 ORIZABA AVE 7103022028
235 PM6994 $520.22 15367 VIRGINIA AVE 6270019024
236 PM7000 $293.96 15707 VIRGINIA AVE 6270022027
237 PM7002 $439.91 16457 ORIZABA AVE 7103023014
238 PM7003 $439.91 16453 ORIZABA AVE 7103023014
239 PM7012 $182.73 6643 SAN VINCENTE ST 6237022021
240 PM7019 $437.61 6816 SAN RAFAEL ST 6237010004
241 PM7034 $219.22 15524 CALIFORNIA AVE 6270017005
242 PM7045 $439.91 8139 MCKINLEY AVE 6264002006
243 PM7046 $439.91 8141 MCKINLEY AVE 6264002007
244 PM721 $385.37 14128 ANDERSON ST 6265027086
245 PM787 $583.56 14517 GARFIELD AVE 6241021035
246 PM790 $440.73 14521 CASTANA AVE 6268038036
247 PM8256 $605.63 14424 COKE AVE 6268038027
248 PM8257 $368.70 6848 SAN MATEO ST 6237015011
249 PM8290 $437.61 15326 1/2 COLORADO AVE 6270012005
250 PM8387 $1,829.19 8116 HOWE ST 6265017102
251 PM8436 $369.98 16618 EUREKA AVE 7102031023
252 PM8440 $544.44 6834 SEVERN DR 6239009018
253 PM8442 $477.58 15326 COLORADO AVE 6270012005
254 PM8463 $219.86 8316 QUIMBY ST 6265021083
255 PM848 $440.73 14730 WIEMER AVE 6241005014
256 PM8509 $294.92 8210 DENBO ST 6265018048
257 PM8606 $356.06 6514 ALONDRA BLVD 7101012027
258 PM8624 $337.86 8214 DENBO ST 6265018042
259 PM8625 $298.23 6739 MOTZ ST 7101004012
260 PM8723 $308.68 8439 SOMERSET BLVD 6241007034
261 PM8871 $356.51 15157 PIMENTA AVE 6268031005
262 PM8877 $680.88 6630 MOTZ ST 7101006007
263 PM8880 $316.28 8350 GOLDEN AVE 6266016024
264 PM8883 $243.11 7367 LUGO AVE 6236014028
CALENDAR YEAR 2023
DELINQUENT REFUSE COLLECTION
ACCOUNT NO. TOTAL LIEN DUE SERVICE ADDRESS APN
265 PM890 $503.41 15000 INDIANA AVE 6241007056
266 PM8904 $170.98 7434 CORTLAND AVE 6236019009
267 PM8952 $401.03 8826 CHESTER ST 6268019006
268 PM8984 $185.75 7510 ADAMS ST 6240018009
269 PM8985 $185.75 15302 GARFIELD AVE 6240018009
270 PM908 $440.73 15108 COLONY CT 6270035006
271 PM916 $318.90 15113 BELLOTA AVE 6268028002
272 PM972 $439.91 15128 GEORGIA AVE 6270006002
$112,767.24
To: Honorable City Council
From: John Moreno, City Manager
By: John Carver, Planning Director
Date: July 9, 2024
SUBJECT: HOST FEE AGREEMENT BETWEEN THE CITY OF PARAMOUNT AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES
BACKGROUND
This item is a public hearing regarding the Host Fee Agreement between the City of Paramount and Arakelian Enterprises, Inc. dba Athens Services located at 7230 Petterson Lane. At its July 3, 2024 meeting, the Planning Commission considered Conditional Use Permit (CUP) No. 955, combining amended CUP No. 445 and CUP No. 721 into a single CUP for waste processing and a materials recovery facility (MRF) at the Petterson Lane site.
CUP No. 445, as amended in 2015, reduced the tons per day of construction debris, green waste, and self-haul waste that could be processed at the Paramount Resource Recycling Facility (PRR) at 7230 Petterson Lane. CUP No. 721, as approved in 2015, permitted the expansion and modernization of a MRF and allowed the processing of municipal solid waste (MSW), including recyclables, at 14001 Garfield Avenue. Both properties are located in the M-2 (Heavy Manufacturing) zone. PRR, formerly operated by CalMet Services, was purchased by Arakelian Enterprises, Inc. dba Athens Services several years ago. Under CUPs No. 445 and 721, the applicant was allowed to process a total of 3,020 tons of waste per day upon construction of the MRF. Construction of the MRF never began. Under the combined CUP No. 955, no increase in tonnage was proposed, and tonnage processed will remain at a maximum of 3,020 tons per day at the conclusion of a phased expansion.
DISCUSSION
Currently, PRR pays a business license fee that is established in the Municipal Code. The fee is calculated at five percent of the County landfill tipping fee per ton of material received at the facility. (A tipping fee is a fee charged to an amount of waste at a landfill or processing facility.) Based on the County landfill tipping fee, the City collects $1.92 per ton of waste processed by PRR, which translates into approximately $412,200 annually.
Agenda Report July 9, 2024
HOST FEE AGREEMENT – ATHENS SERVICES Page 2
The Host Fee Agreement before the City Council this evening guarantees the City $1.5 million dollars per year, collected in equal amounts over a 12-month period. Athens Services will continue to pay the City $1.92 per ton of waste processed; however, if the tipping fee does not amount to $1.5 million dollars, Athens Services will supplement the tipping fee to equal a total of $1.5 million dollars. This Host Fee Agreement supersedes a previous agreement that was approved by the City Council in March of 2016 with Royal Recycling and Transfer, and an agreement with Paramount Resource Recycling, approved by the Council in November of 2016.
FISCAL IMPACT
The Host Fee Agreement will provide the City revenue of $1.5 million per year.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity, and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No. 3: Economic Health - Support a healthy, sustainable economy reflecting community values; and No. 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.
RECOMMENDED ACTION
Approve the Host Fee Agreement with Arakelian Enterprises, Inc. dba Athens Services. 1 HOST FEE AGREEMENT
Between
CITY OF PARAMOUNT
A California Municipal Corporation
And
ARAKELIAN ENTERPRISES INC., DBA ATHENS SERVICES
2 HOST FEE AGREEMENT
This Amended and Restated Host Fee Agreement (“Agreement”) is entered into on _________, 2024 by and between the CITY OF PARAMOUNT (“City”) and ARAKELIAN ENTERPRISES INC., DBA ATHENS SERVICES, (“Athens”), both of which are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, on or about May 2015, the City’s Planning Commission approved an amendment to Conditional Use Permit ("CUP") No. 445, allowing the Paramount Resource Recycling Facility to receive, process, and transfer up to 570 tons per day of construction and demolition debris, green waste, and self-haul waste at 7230 Petterson Lane (“PRR Property”); and WHEREAS, on or about May 2015, the City’s Planning Commission also approved CUP No. 721, allowing the operation the Royal Recycling and Transfer Facility at 14001 Garfield Avenue (“RRT Property”). CUP No. 721 allows for the receipt, processing, and transfer of up to 2,450 tons per day of source separated recyclables, residential curbside recycling materials, and municipal solid waste (MSW); and
WHEREAS, Athens applied for a CUP that would consolidate CUP Nos. 445 and 721 into a single CUP (“CUP 955”) to allow a facility that processes source separated recyclables, residential curbside recycling materials, municipal solid waste (MSW), construction and demolition debris, green waste, and self-haul waste (collectively, “Waste Materials”) with a combined processing allowance of 3,020 tons per day of such materials (“Daily Tonnage”) at 7230 Petterson Lane and 14001 Garfield Avenue (“Combined Properties”); and
WHEREAS, should CUP 955 be approved, the total tonnage allowed under CUP Nos. 445 and 721 will neither be affected nor increased as a result of the consolidation of CUPs; and WHEREAS, the City on the one hand, and Royal Recycling and Transfer, LLC and Paramount Resource Recycling, Inc., predecessors in interest to Athens, were parties to those certain Host Fee Agreements dated March 15, 2017 and March 21, 2017, respectively (“Prior Agreements”), and the City and Athens have agreed to amend and restate those agreements into this Agreement whereby Athens agrees to pay a certain sum of money to City as specified in the Agreement.
NOW, THEREFORE, in consideration of the covenants, promises, and agreements hereafter set forth, City and Athens do mutually agree as follows:
AGREEMENT
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish certain obligations between the Parties and their successor(s), including an obligation of Athens to pay City a “ Host Fee” as specified in Section 7 of this Agreement upon the commencement of operations pursuant to CUP 955 permitting combined processing of 3,020 tons per day of Waste Materials at the Combined Properties for so as long as the Combined Properties are operating pursuant to CUP 955. 3 2. EFFECTIVE DATE
This Agreement is hereby deemed effective (“Effective Date”) when all of the following have occurred: (i) this Agreement has been executed and delivered on behalf of the person or persons authorized to bind Athens hereto; (ii) this Agreement has been executed and delivered on behalf of the City by the person or persons authorized to enter this Agreement on the City’s behalf; (iii) approval of the Agreement by the City Council; (iv) approval of that certain Amendment No. 2 to the Agreement for Solid Waste Collection Services dated June 18, 2019 (“Collections Agreement”) and execution by City and Athens thereof; (v) approval of CUP 955 by the City’s Planning Commission, permitting combined processing of 3,020 tons per day of Waste Materials at the Combined Properties; (vi) the City Attorney indicates in writing its approval of this Agreement as to form; and (v) Athens has begun to receive any amount of Waste Materials pursuant to CUP 955 at the Combined Properties.
3. TERM
This Agreement shall commence upon the Effective Date and shall remain in full effect thereafter so long as CUP 955 remains valid (“Term”). Notwithstanding the foregoing, the unexcused and/or uncured material breach of this Agreement shall give rise to the right, in favor of City, for earlier termination for cause in accordance with the procedures specified Article 12.
4. DEFINITIONS
Whenever any capitalized term used in this Agreement has been defined by the City of Paramount Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term(s) is otherwise defined in this Agreement.
5. COMPLIANCE WITH LAWS AND REGULATIONS
Athens warrants that it will comply with all applicable laws and regulations as they, from time to time, may be amended, specifically including, but not limited to all applicable laws, ordinances of the City and Federal and State regulations as they apply to the Combined Properties and with all conditions of approval of CUP 955.
6. EQUIPMENT
Athens shall provide an adequate number of vehicles and equipment for the services for which it performs. All equipment shall conform to the highest industry standards, shall be maintained in a clean and efficient condition and shall comply with all measures and procedures promulgated by all agencies with jurisdiction.
7. USE FEE; HOST CAP
A. Beginning as of July 1, 2024, Athens shall pay a fee of $1.9205 per ton of Waste Materials received at the Combined Properties per month (“Use Fee”), with total payments not to exceed One Million Five Hundred ($1,500,000) per fiscal year (“Host Cap”). If the total Use Fees paid in a given quarter are less than $375,000, Athens shall be responsible for a supplemental fee in an amount equal to $375,000 less the actual Use Fees paid in that quarter (“Quarterly True-up”). 4 B. Use Fees are payable monthly and Quarterly True-Ups are payable quarterly.
Payment is due no later than thirty (30) days following the end of each month or quarter, as applicable, in which Waste Materials are received at the Combined Properties, provided the first Quarterly True-up, if any, will apply to the quarter beginning July 1, 2024 and ending September 30, 2024.
C. Athens shall receive a one-time credit in the amount of $246,021 to be applied evenly against amounts due in connection with the first and second Quarterly True-up under this Agreement (“Credit Period”), or if not fully expended during the Credit Period, the third Quarterly True-up until the credit is expended in full. If the Effective Date occurs after July 1, 2024, Athens shall receive an additional credit equal to $1.9205 per ton of Waste Materials received during the period starting July 1, 2024 and ending on the Effective Date, and such amounts will be applied during the Credit Period until the credit is expended in full.
D. Upon (i) receipt of a “Notice of Effective Wind-Down” as provided in Section 2.5 of the Collections Agreement, and/or (ii) the full build-out of the project permitted pursuant to CUP 955, if permitted (each, an “Adjustment Event”), Quarterly True-up payments shall cease, and Athens will only be required to pay the Use Fee based on actual tons received at the Combined Properties. Further, within thirty (30) days of an Adjustment Event, either City or Athens may request to meet and confer to adjust the Use Fee using a then-existing market rate. The adjustment will be determined based on the average of fees substantially similar to the Use Fee made by Athens in connection with substantially similar agreements with the cities of Downey, Irwindale, and Industry at the time of the Adjustment Event. If, at the time of any Adjustment Event, Athens is no longer subject to those agreements, the agreements will not be considered in establishing the adjustment. Any adjustment must be agreed upon in writing by City and Athens prior to implementation. The adjusted Use Fee could be a tiered calculation based on tonnage received at the Combined Properties and the parties may, upon mutual agreement, reinstate Quarterly True-ups, and modify the Host Cap.
8. BOOKS, REPORTS, AND RECORDS; AUDITS
A. Accounting; Monthly Tonnages. Athens shall submit to City an accounting of payments made to the City. Such accounting shall consist of, at a minimum, the official monthly tonnages as reported to the County of Los Angeles Department of Public Health, Solid Waste Management Program.
B. Interest; Unpaid Amounts. Interest shall accrue at two percent (2%) per annum.
Failure to make undisputed payment in full shall be a material breach of this Agreement subject to damages and/or remedies as described herein, including suspension or revocation of CUP 955.
C. Review of Tonnage Records. In addition to the record retention requirements set forth below, Athens shall maintain all tonnage records relating to this Agreement, including, but not limited to, facility weight tickets, bills of lading, recyclable shipments, landfill records, and self-monitoring reports for a minimum of three (3) years after each receipt of Waste Materials at the Combined Properties. The City shall have the right, upon reasonable advance notice, to inspect, audit and copy all records referred to above relating to this Agreement to verify tonnage received. In the absence of extraordinary circumstances, seven (7) days’ notice shall be 5 considered reasonable. Such records shall be made available to City at Athens’ corporate offices.
D. Audit. The books, records, and accounts relating to tonnage received at the Combined Properties shall be audited by a certified public accountant at the end of each calendar year, upon request by City. The report and all work papers utilized in the preparation of such audit shall be submitted to the City Manager. The City Manager or his designee shall review the work and work papers and may require further information from Athens. If any such audit discloses a deviation of greater than 2% with respect to the actual annual tonnage reported by Athens for the period of such audit, the cost of the audit shall be paid to the City by Athens. Otherwise, the cost of such audit shall be borne by the City.
E. Audit Adjustments. The City shall notify Athens in writing of the findings resulting from any audit or review of tonnage received at the Combined Properties pursuant to this Agreement. Should the audit or review reveal an underpayment to the City by Athens, the amount of the underpayment, plus interest compounded daily at the rate specified in Section 8(b) of this Agreement, shall be paid to City within thirty (30) days from receipt of written notice of the findings. Should Athens dispute the findings, it may appeal said findings in writing to the City Manager within thirty (30) days of the written notification. The City Manager or his designee shall then hold a hearing on the matter within fifteen (15) days. At the hearing, the City Manager or his designee shall take into account all reports submitted by Athens, the report and other information submitted by the auditor, and any other such information Athens may wish to submit.
Evidence may be submitted either orally or in writing. The City Manager or his designee shall issue a written decision within fifteen (15) days of the close of the hearing which decision shall be final.
F. City’s Right to Request Information. Athens shall provide to City additional information reasonable and directly pertaining to this Agreement on an “as- needed” basis.
G. Certification. All reports pursuant to this Agreement shall be signed under penalty of perjury, by the responsible corporate official, attesting that the report is true and correct.
H. Submission of Reports. Any reports and/or other communications required or requested per this Agreement shall be submitted to:
City Manager
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723-5012
9. INDEMNIFICATION
Indemnification of City: That Athens agrees to defend, indemnify and hold harmless the City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City’s interest from any claim, action or proceeding against the City or its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City’s interest to attack, set aside, void or annul an approval of the City or any 6 of its City Council, commissions, committees or boards arising from or in any way related to Athens or any actions or operations conducted pursuant thereto. Should the City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City’s interest receive notice of any such claim, action or proceeding, the City shall promptly notify Athens of such claim, action or proceeding, and shall cooperate fully in the defense and all costs associated thereof.
10. INSURANCE
Athens shall procure and maintain during the entire time that this Agreement is effective the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Athens’ operations of Athens or the actions or inactions of any of Athens’ officers, agents, representatives, employees, or subcontractors in connection with Athens’ operations of Athens under this Agreement. The insurance requirements hereunder in no way limit Athens’ various defense and indemnification obligations, or any other obligations as set forth under this Agreement.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01).
2. The most recent editions of Insurance Services Office form number CA 00 1 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25.
3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
B. Minimum Limits of Insurance. Athens shall maintain in force for the term of this Agreement limits no less than:
1. Comprehensive General Liability: Seven Million Dollars ($7,000,000) limit aggregate and Seven Million Dollars ($7,000,000) limit per occurrence for bodily injury, Personal injury and property damage.
2. Automobile Liability: Seven Million Dollars ($7,000,000) limit aggregate and Two Million Dollars ($2,000,000) single limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California (or provide evidence of State approval to be self-insured).
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either:
the insurer shall reduce or eliminate such deductibles or self- insured retention’s as respects City, its elected officials, appointed boards, commissions, officers, employees, volunteers, agents, assigns and any successor or successors to City’s interest; or Athens shall procure a bond guaranteeing payment of losses and related 7 investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages (a) City its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Athens; products and completed operations of Athens; Premises owned, leased or used by Athens; or vehicles owned, leased, hired or borrowed by Athens. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers.
(b) Athens’ insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Athens’ insurance and shall not contribute with it.
(c) Any failure by Athens Services to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City’s interest. Coverage shall state that Athens’ insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Athens for City.
3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City.
E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better.
F. Verification of Coverage. Athens shall cause its insurance carrier(s) to furnish City by direct mail with certificate(s) of insurance showing that such insurance is in full force 8 and effect, and City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are named as additional insured with respect to this Agreement as described above and the obligations of Agreement hereunder. Further, the certificate(s) shall contain the covenant of the insurance carrier(s) that thirty (30) calendar days written notice (ten [10] calendar days in the event of cancellation for non-payment) shall be given to City prior to modification, cancellation or reduction in coverage of such insurance. In the event of any such modification, cancellation or reduction in coverage and on the effective date thereof, this Agreement shall terminate forthwith, unless City receives prior to such effective date another certificate from an insurance carrier that the insurance required herein is in full force and effect. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies, and shall have all required endorsements. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to the City Attorney and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies at any time.
Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term.
G. Companies and Subcontractors. Athens shall include all companies, including contract trucking companies but not subhaulers and third party facility operators (“companies”) as insureds under its policies or shall furnish separate certificates and endorsements for each contractor. All coverages for companies shall be subject to all of the requirements stated herein.
H. Required Endorsements
1. The Workers' Compensation policy shall contain an endorsement in substantially the following form:
"Thirty (30) days (or ten [10] days in the event of cancellation for nonpayment) prior written notice by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or nonrenewal of this policy. Such notice shall be sent to:
City Manager
City of Paramount 16400 Colorado Ave.
Paramount, CA 90723
2. The Public Liability policy shall contain endorsements in substantially the following form:
a) "Thirty (30) days (or ten [10] days in the event of cancellation for nonpayment) prior written notice shall be given to City in the event of cancellation, reduction in coverage, or nonrenewal of this policy.” Such notice shall be sent to:
City Manager
City of Paramount 16400 Colorado Ave.
9 Paramount, CA 90723
b) Athens agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its elective and appointive boards, commissions, officials, employees, agents and volunteers, using standard ISO endorsement No. CB 2010 with an edition date of 1985, or equivalent provisions as determined acceptable by the Office of the City Attorney for the City of Paramount in its sole discretion. Athens also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise."
c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an additional insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Athens. This policy shall protect Athens and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Athens’ liability as set forth in the policy beyond the amount shown or to which Athens would have been liable if only one party had been named as an insured."
I. Other Insurance Requirements
1. In the event any services are delegated to another company or subcontractor, including subsidiary companies, Athens shall require such company or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the company’s or subcontractor's employees engaged in the work in accordance with this Section. The liability insurance required by this Section shall cover all companies or subcontractors or the companies or subcontractors must furnish evidence of insurance provided by it meeting all of the requirements of this Section.
2. Athens shall comply with all requirements of the insurers issuing policies.
The carrying of insurance shall not relieve Athens of any obligation under this Agreement. If any claim exceeding the amount of any deductibles or selfinsured reserves is made by any third Person against Athens or any company or subcontractor on account of any occurrence related to this Agreement, Athens shall promptly report the facts in writing to the insurance carrier and to City.
Athens fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Athens’ expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Athens.
11. ASSIGNMENT; CITY CONSENT
10 A. Except as provided below, this Agreement may not be assigned by either party, without the written consent of the other, which may not be withheld unreasonably and is not required with respect to an assignment by Athens to an affiliate.
B. If this Agreement is assigned, it shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
12. REMEDIES; IMPOSITION OF DAMAGES; TERMINATION
A. Termination. All terms and provisions of this Agreement are material and binding and failure of Athens to perform any provision hereof shall be a material breach of this Agreement, which may lead to both termination of this Agreement and suspension or revocation of CUP 955.
B. Notice; Response; Resolution; Appeal
1. Notice of Deficiencies: Response. If City determines that Athens has breached any provision of this Agreement, City shall advise Athens in writing within thirty (30) days of City’s discovery of such deficiencies, specifying the deficiency or deficiencies in reasonable detail and setting forth a reasonable time, not less than thirty (30) days, within which Athens is to cure such breach.
Unless the circumstances necessitate correction and response within a shorter period of time or unless a shorter period of time is required by this Agreement, Athens shall respond to the written Notification of Deficiencies within thirty (30) days from the receipt by Athens of such written notice.
Athens may request additional time in writing to correct deficiencies; provided, such requests will not be unreasonably denied, however, for the avoidance of doubt, City is not required to grant any such request for additional time to cure said deficiencies.
2. Review by City Manager: Notice of Appeal
a) The City Manager shall review any written response from Athens and decide the matter. If the City Manager’s decision is adverse to Athens, the City Manager may order remedial actions to cure any deficiencies or invoke any other remedy in accordance with this Agreement, including termination. The City Manager shall promptly inform Athens in writing of his/her decision. In the event the decision is adverse to Athens, the City Manager shall inform Athens of the specific facts found, and include any relevant affidavits, documents, photographs and videotapes and any other evidence relied on, and the legal basis in provisions of the Agreement or other laws for the decision and any remedial action taken or ordered. An adverse decision by the City Manager shall be final and binding on Athens unless Athens files a “Notice of Appeal” with the City Clerk within thirty (30) days of receipt of the notification of the adverse decision to the City Council.
b) In any “Notice of Appeal,” Athens shall state all its factual contentions and include any relevant affidavits, documents, photographs and videotapes which Athens may choose to submit. In addition, Athens 11 shall include all its legal contentions, citing provisions of the Agreement or other laws to support its contentions.
3. City Council Hearing. If a matter is appealed to the City Council by Athens, the City Council will set the matter for an administrative hearing and act on the matter. The City Clerk shall give Athens a minimum of fifteen (15) days prior written notice of the time and place of the administrative hearing.
At the hearing, the City Council shall consider the administrative record. No new legal issues may be raised, or new evidence submitted by Athens at this or any further point in the proceedings, absent a showing of good cause.
Athens’ representative and other interested persons shall have a reasonable opportunity to be heard.
4. City Council Determination. Based on the administrative record, the City Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of Athens is in breach of any term of this Agreement, the City Council, in the exercise of its discretion, may order Athens to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement, including termination of the Agreement. The decision or order of the City Council shall be final and binding.
5. Continued Performance. Athens’ performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Athens’ performance is in breach of this Agreement.
C. Cumulative Rights. City’s rights of termination are in addition to any other rights of City upon a failure of Athens to perform its obligations under this Agreement.
13. GENERAL PROVISIONS
A. Independent Status. Athens is an independent entity and not an officer, agent, servant or employee of City. Athens is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any, including trucking contractors.
Parties acknowledge and agree that Athens is not and shall not become, solely by virtue of this Agreement, a contractor or subcontractor to City. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Athens. Neither Athens nor its officers, employee, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees.
B. Governing Laws; Venue. This Agreement shall be governed by the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in U. S. District Court, exclusive venue shall lie in the Central District of California.
C. Amendments. Amendments must be in writing, duly executed by both parties.
D. Notices. All notices required or permitted to be given under this Agreement shall be in 12 writing and deemed to have been sufficiently given when delivered in person, by registered or certified U.S. Mail, postage prepaid, return receipt requested, by facsimile, or by overnight delivery service requesting evidence of receipt as a part of its service, to the address of the respective party below:
To CITY:
City Manager
City of Paramount 16400 Colorado Avenue
Paramount, CA 90723-5012
To ATHENS SERVICES:
Gary M. Clifford II
Arakelian Enterprises Inc. dba Athens Services
14048 E. Valley Boulevard
City of Industry, CA 91746
Or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section.
E. Severability. If any provision of this Agreement is or becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to the extent necessary to conform to applicable laws or regulations or, if it cannot be so amended without materially altering the intention of the parties, it will be stricken, and the remainder of this Agreement will remain in full force and effect. Notwithstanding the foregoing, in the event this Agreement, CUP 955, or Amendment No. 2 of the Collections Agreement becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction in whole or part, any amounts paid hereunder pursuant to Article 7 shall be returned to Contractor within thirty (30) days of such determination.
F. Use of City Name. Athens shall not use the words “CITY OF PARAMOUNT” or “CITY” or like words in its corporate names, style of business, or in/on its equipment, nor Athens utilize the stated words in any publication, promotion, program, etc., without the prior expressed written consent of City.
G. Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to causes beyond the control of and without the fault of such party, including war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, Acts of God, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, unusually severe weather, inability to secure necessary labor or supplies, materials or tools, or acts of the other party. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of knowledge of the commencement of the cause.
H. Headings. The headings in this Agreement are intended for convenience and identification only, are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof, and are to be disregarded in the construction and enforcement of this Agreement.
13 I. Construction. Each of the parties hereto agree and acknowledge that each party has reviewed and has had the opportunity to revise this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed to the interpretation of this Agreement, or any amendment.
J. Entire Agreement. This Agreement amends and restates, and as a result, supersedes and replaces in its entirety the Prior Agreements, which are hereby null, void and of no further force or effect. The Agreement represents the entire understanding and agreement between the parties hereto relating to the subject matter hereof and supersedes any and all prior agreements, whether written or oral, that may exist between the parties regarding the same.
K. Counterparts. This Agreement may be executed in any number of counterparts, and each counterpart is deemed to be an original instrument, but all such counterparts constitute but one instrument.
14 SIGNATURE PAGE BELOW
WITNESS the execution of this fourteen (14) page Agreement on the day and year first written above.
DATED: DATED:
Arakelian Enterprises Inc., dba Athens Services
By: By Mayor
INSERT [Title]
Approved as to form:
By: By City Attorney
John E. Cavanaugh [Title]
ATTEST:
Heidi Luce , City Clerk
To: Honorable City Council
From: John Moreno, City Manager
By: Yecenia Guillen, Community Services
Director
Date: July 9, 2024
SUBJECT: DOWNTOWN HOLIDAY LIGHTING AND DECORATIONS
BACKGROUND
The City Council's initiative to enhance the Downtown area with holiday lighting and decorations for the 25th Anniversary of the Tree Lighting Ceremony was met with resounding success this past holiday season. This festive enhancement not only brightened the holiday season, but also fostered a sense of community and celebration among residents and visitors. Building on this success, staff solicited bids from various decoration companies to provide lighting and decorative elements with the option to purchase or rent the items, which includes professional installation and storage services.
DISCUSSION
On Thursday, May 2, 2024, the City published the Request for Proposals in the Paramount Journal and on the City’s website.
On Thursday, May 30, 2024, the Director of Community Services and Public Works staff opened and examined the bids for the Downtown Holiday Lighting and Decoration. The bids were opened at 11:00 AM at the City Yard.
Five (5) bids were received ranging from $169,420 to $690,636. Upon conducting the bid analysis as part of the proposal review process, the City determined that the bid proposal submitted by DecorIQ is deemed non-responsive for submitting an incomplete bid proposal. Therefore, the apparent low responsible and responsive bid was deemed to be Christmas Brothers in the amount of $169,420. This cost will be a one-time fee for the initial year to purchase the lighting and decorations and then the same fee of $169,420 on an annual basis for the duration of the agreement to install and store the items. The term of the agreement shall be for three (3) years with the option to renew administratively for two (2) one-year extensions.
The following is a breakdown of estimated total project costs:
Project: $ 169,420
Contingency (25%): $ 42,355
Total: $ 211,775
Agenda Report July 9, 2024
AWARD OF CONTRACT Page 2
FISCAL IMPACT
Funding for this project was included in the FY 2024-25 Budget utilizing CBA funds. The total project amount of $211,800 exceeds the budgeted amount of $175,000. The additional $36,800 will be funded utilizing the available General Fund ARPA Reserve balance.
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 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) Appropriate an additional $37,000 from the available General Fund ARPA Reserve balance; and 2) Award the contract for Downtown Holiday Lighting and Decorations to Christmas Brothers, Hawthorne, California in the amount of $169,420, and authorize the Mayor or her designee to execute the agreement.
SERVICE AGREEMENT BY AND BETWEEN THE
CITY OF PARAMOUNT
AND
CHRISTMAS BROTHERS
FOR DOWNTOWN HOLIDAY LIGHTING AND DECORATIONS
THIS AGREEMENT is made and entered into this 9
th day of July, 2024 by and
between the CITY OF PARAMOUNT, hereinafter referred to as the “CITY,” and CHRISTMAS BROTHERS, hereinafter referred to as the “CONTRACTOR.” I. RECITAL
A. PURPOSE. The purpose of this AGREEMENT is to allow the CITY to procure the services of a qualified contractor to provide lighting and decorations in connection with the CITY’S downtown holiday lighting and decorations project, and to have these contractor services based upon the terms and conditions hereinafter set forth.
II. TERMS AND CONDITIONS
A. MISSION. The CITY hereby retains the CONTRACTOR in the capacity as contractor and the CONTRACTOR hereby accepts such responsibility as described herein.
B. TERMS. This AGREEMENT shall be effective for 3 years as of the 9th day of July, 2024 with the option to renew administratively for two (2) one-year extensions. The AGREEMENT shall remain in full force and effect until such time either party gives written notice of termination in accordance with those provisions set forth in paragraph P. At the time of such extensions, this AGREEMENT shall be amended as to the changes, if any, in the terms, responsibilities and compensation as determined in writing between the CITY and CONTRACTOR.
C. SCOPE OF SERVICES. Under the supervision of the Director of Public Works or her designee, the CONTRACTOR shall provide all services as detailed in the CONTRACTOR’s Proposal dated Month Day, 2024 and attached herein as Exhibit A”. In the event of any conflict between the provisions of this AGREEMENT and Exhibit “A,” the terms of this AGREEMENT shall prevail.
CONTRACTOR shall be responsible for hauling away all material debris and leaving the site in a broom clean condition on a DAILY basis. CONTRACTOR shall provide full pedestrian protection during remodeling in accordance to CITY of Paramount code requirements and shall ensure business is in operation during business hours.
D. COMPENSATION. During the term of this AGREEMENT, the CITY shall compensate the CONTRACTOR for the services described as detailed in Exhibit “A”.
CITY of Paramount
SERVICE AGREEMENT Page 2
Invoices for payment shall be submitted on a monthly basis and shall be approved by the Director of Public Works or her designee.
The CONTRACTOR shall submit an itemized invoice to the CITY according to work progress, setting forth the work performed, and the rates charged in accordance with the CONTRACTOR’s fee schedule.
All change orders, additions, deletions or adjustments to the CONTRACTOR’s specifications must be submitted in writing to the CITY for approval. CITYCITY The Director of Public Works or her designee shall have the right to make any modifications to add or change decorations/lights during the term, or any extension of this AGREEMENT.
E. EXPENSES. CONTRACTOR shall not be entitled to an expense account and shall not be required or permitted to incur expenses on behalf of the CITY in addition to the expenses required for completion of the scope of services described herein. The compensation described herein includes provision for all CONTRACTOR expenses required to complete the scope of services described herein.
F. INDEPENDENT CONTRACTOR.
(a) CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. The personnel performing the services under this Agreement on behalf of CONTRACTOR shall at all times be under CONTRACTOR'S exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, or agents, except as set forth in this Agreement. CONTRACTOR 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.
CONTRACTOR 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 CONTRACTOR, nor any of CONTRACTOR’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.
CONTRACTOR expressly waives any claim CONTRACTOR may have to any such rights.
(c) CITY shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
G. INDEMNIFICATION.
CITY of Paramount
SERVICE AGREEMENT Page 3
(a) All officers, agents, employees, sub-Contractors, their agents, officers and employees who are hired by or engaged by CONTRACTOR in the performance of this Agreement shall be deemed officers, agents and employees and sub-Contractors of CONTRACTOR, and CITY shall not be liable or responsible to them for anything whatsoever.
(b) CONTRACTOR 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 received or suffered by reason of any wrongful or negligent act or omission on the part of CONTRACTOR or any of its agents, officers and employees and sub-Contractors in the performance of this Agreement.
(c) CONTRACTOR shall not be deemed to assume any liability for wrongful or negligent acts of CITY or its officers, agents, employees and subContractors, and CITY shall defend and hold CONTRACTOR harmless against any such claims.
(d) CONTRACTOR 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 CONTRACTOR’S employees from health, retirement or other benefits attributable to services performed pursuant to this Agreement.
H. PREVAILING WAGES.
(a) Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at the Project site.
(b) The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
CITY of Paramount
SERVICE AGREEMENT Page 4
I. RECORD AUDIT. In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
J. SUCCESSOR AND ASSIGNMENT. The services as contained herein are to be rendered by the CONTRACTOR whose name is as appears first above written and said CONTRACTOR shall not assign nor transfer any interest in this AGREEMENT without the prior written consent of the CITY. Claims for money by CONTRACTOR from the CITY under this contract may be assigned to a bank, trust company, or financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY.
K. INSURANCE. Without limiting the CONTRACTOR’S indemnification of the CITY, the CONTRACTOR shall provide and maintain at this own expense during the term of this AGREEMENT for the following programs of insurance covering his operation hereunder. Each program of insurance, except professional liability insurance shall name the CITY as “Additionally Insured” and each policy shall contain a provision that such insurance will not be cancelled, nor any change whatsoever made in policies, except upon not less than thirty (30) days prior notice to the CITY, mailed by registered mail with postage prepaid. Such insurance shall be provided by insurer(s) satisfactory to the CITY and evidence of such programs satisfactory to the CITY shall be delivered to the CITY on or before the effective date of this AGREEMENT.
General Liability. A program including, but not limited to, comprehensive general liability including automobile coverage with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by the CITY. The issuer shall be an “admitted surety insurer” duly authorized to transact business under the laws of the State of California.
Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the CITY.
Insurance shall name the CITY of Paramount, its officers, agents, and employees as additional insured by endorsement of the Contractor’s policy. A copy of the endorsement, showing policy limit, shall be provided to the CITY on or before signing this contract.
Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of this AGREEMENT upon which the CITY will immediately terminate this AGREEMENT.
Worker’s Compensation Coverage. State statutory limits, deductibles, selfinsurance retention, or similar forms of coverage limitations or modifications must be declared to and approved by CITY.
CITY of Paramount
SERVICE AGREEMENT Page 5
Automobile Liability Insurance. In an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit per accident for bodily injury and property damage covering owned, non-owned and hired vehicles.
L. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of ($280.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.
CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule.
If CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents and is expressly in addition to the CITY’s ability to seek other damages.
M. COMPLIANCE WITH LAWS. The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this AGREEMENT.
N. SEVERABILITY. In the event that any covenant, condition or other provisions herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of the AGREEMENT and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law.
O. INTERPRETATION. No provision of this AGREEMENT is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision, but this AGREEMENT is to be construed as if it were drafted by both parties hereto.
CITY of Paramount
SERVICE AGREEMENT Page 6
P. ENTIRE AGREEMENT. This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of CONTRACTOR by the CITY and contains all the covenants and agreements between the parties with respect to such retention.
Q. WAIVER. No breach of any provision hereof can be waived unless in writing.
Waiver of any one break of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof.
R. CONTRACT EVALUATION AND REVIEW. The ongoing assessment and monitoring of this AGREEMENT is the responsibility of the Director of Public Works, or her designee.
S. TERMINATION OF AGREEMENT. This AGREEMENT may be terminated by either party by giving written notice at least thirty (30) days prior to the effective termination date in the written notice. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this AGREEMENT shall, at the option of the CITY, becomes its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the AGREEMENT by the CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONTRACTOR is determined.
T. CHANGES. The CITY or CONTRACTOR may request changes in the scope of the services of the CONTRACTOR to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONTRACTOR’S compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be administratively approved by the CITY in an amount not to exceed 25% of the total project cost.
U. REPORTS AND INFORMATION. CONTRACTOR, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to work or services undertaken pursuant to this AGREEMENT, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this AGREEMENT.
V. RECORDS AND AUDITS. CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this AGREEMENT, and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for five (5) years after CITY of Paramount
SERVICE AGREEMENT Page 7
the expiration of this AGREEMENT unless permission to destroy them is granted by the CITY.
W. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this AGREEMENT are confidential and the CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY.
X. COPYRIGHT. No report, maps, or other documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the CONTRACTOR.
Y. PERSONNEL. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required in performing the services under this AGREEMENT.
Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by CONTRACTOR or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under the state and local law to perform such services.
None of the work or services subcontracted hereunder shall be specific by written contract or agreement and shall be subject to each provision of this AGREEMENT.
III. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this AGREEMENT, the CONTRACTOR agrees as follows:
A. EQUAL OPPORTUNITY.
(a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non-discrimination clause.
(b) The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin.
CITY of Paramount
SERVICE AGREEMENT Page 8
(c) The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this AGREEMENT so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
(d) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(e) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the CITY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the CONTRACTOR’S non-compliance with the equal opportunity clauses of this AGREEMENT or with any of such rules, regulations, or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(g) The CONTRACTOR will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
B. CIVIL RIGHTS ACT OF 1964. Title VI of the Civil Rights Act of 1964, provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or, be subjected to discrimination under any program or activity receiving Federal financial assistance.
CITY of Paramount
SERVICE AGREEMENT Page 9
C. AGE AND DISABILITY. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, shall apply to this AGREEMENT.
IV. CONFLICT OF INTEREST
During the performance of this AGREEMENT, the CONTRACTOR agrees as follows:
A. INTEREST OF MEMBERS OF THE CITY. No member of the governing body of the CITY and no other employee, or agent of the CITY who exercises any functions of responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT.
B. INTEREST OF CONTRACTOR. CONTRACTOR represents, warrants and agrees that he does not presently have, nor will he acquire during the term of this AGREEMENT, any interest, direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a onepercent (1%) or less interest in publicly-traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract, or arrangement with the CITY.
C. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONTRACTOR shall take appropriate steps to assure compliance.
V. NOTICES
Notices herein shall be presented in person or by certified or registered U.S. Mail, as follows:
To the CONTRACTOR: Christmas Brothers
13826 Prairie Ave.
Hawthorne, CA 90250
To the CITY: City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
CITY of Paramount
SERVICE AGREEMENT Page 10
IN WITNESS HEREOF, the CITY and CONTRACTOR have executed this AGREEMENT as of the date first herein above set forth.
CITY OF PARAMOUNT CHRISTMAS BROTHERS
By: By:
John Moreno, City Manager Samer Kabbani, Director of
Operations
ATTEST:
By:
Heidi Luce, CITY Clerk
APPROVED AS TO FORM:
By:
John E. Cavanaugh, CITY Attorney
Exhibit "A"
To: Honorable City Council
From: John Moreno, City Manager
By: John Carver, Planning Director
Ivan Reyes, Associate Planner,
Date: July 9, 2024
SUBJECT: COMMERCIAL DESIGN GUIDELINES
The City’s commercial design guidelines have not been updated since the 1980s. On December 12, 2023, the City Council approved a professional services agreement with Gruen Associates to develop a Commercial Design Guidelines Update. The Commercial Design Guidelines Update project is intended to modernize the guidelines for commercialzoned properties, including Downtown Paramount and the Central Business District. The Guidelines will set ground rules for new private development and remodels, and they will continue Paramount’s tradition of a vibrant, attractive environment and positive sense of place.
At the December meeting, the City Council directed staff to seek Council input before a complete draft is developed. In this presentation to the City Council, Orlando Gonzalez, Senior Associate at Gruen Associates, will review Commercial Design Guidelines concepts. Feedback from this Council will be incorporated into the design standards prior to a more formal review.
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: July 9, 2024
SUBJECT: AMENDMENT NO. 2 TO THE AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR LANDSCAPE DESIGN SERVICES FOR MEDIAN
ENHANCEMENTS ON DOWNEY AVENUE (CITY PROJECT NO. 9435)
BACKGROUND
The City takes pride in its landscaped medians located on major boulevards throughout the city. We have been working closely with our consultant, Michael Baker International (Michael Baker), for the preparation of conceptual designs to provide options on how to enhance our boulevards, while continuing to maintain a safe, healthy, and attractive city.
On April 23, 2024, City Council approved Amendment No. 1 with Michael Baker for additional design services based on the recommendations of the City’s Landscape Median Ad-Hoc Committee.
DISCUSSION
Michael Baker presented an update to the City Council at the June 11, 2024 meeting regarding the concept designs recommended by the City’s Landscape Ad-Hoc Committee. The City Council recommended moving forward with the next phase of the project. Subsequently, staff solicited a proposal from Michael Baker for construction drawings needed prior to the bidding phase. Michael Baker’s proposal for $79,750 includes the preparation of construction drawings, specifications, and bid support for the construction of the landscape medians on Downey Avenue from City limit to City limit.
The improvements will occur within the existing median concrete curbs and will include the removal of existing median paving, planting, and irrigation and the installation of new decorative pavers, planting, and irrigation. The proposed Amendment No 2 incorporates this additional scope and costs associated with the project. If approved, Michael Baker will begin the work in July and complete the documentation by end of November 2024.
The bidding phase of the project is anticipated to be complete in early 2025.
Agenda Report July 9, 2024
AMENDMENT NO. 2 TO THE AGREEMENT WITH MICHAEL BAKER Page 2 The following is a breakdown of estimated costs:
Construction Drawings/
Bid Support: $79,750
Contingency (10%): $ 7,975
Total: $87,725
FISCAL IMPACT
Funding for this project in the amount of $87,725 was included in the Fiscal Year 2024- 25 CIP budget utilizing Measure R Funds.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 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
Approve Amendment No. 2 to the agreement with Michael Baker International for landscape design services to include the preparation of construction drawings, specifications, and bid support for the construction for Median Enhancements on Downey Avenue (City Project No. 9435) in the amount of $79,750 and authorize the Mayor or her designee to execute the agreement.
-1-
SECOND AMENDMENT TO THE SERVICE AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR LANDSCAPE DESIGN SERVICES
THIS SECOND AMENDMENT TO AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL (“AMENDMENT”) is made and entered into this 9 th day of July, 2024
between the City of Paramount, a municipal corporation in Los Angeles County, California, (hereinafter "CITY") and Michael Baker International with its primary office located at 5 Hutton Center Drive, Suite 550, Santa Ana, CA 92707 (hereinafter "CONTRACTOR") (collectively, "the Parties"), and amends that certain agreement between CONTRACTOR and CITY approved by the City Council on October 10, 2023 (“AGREEMENT”).
RECITALS
WHEREAS, CITY and CONTRACTOR entered into an Agreement on October 10, 2023, whereby CONTRACTOR would provide the City with conceptual designs for Median Enhancement Project (City Project No. 9435); and
WHEREAS, CITY and CONTRACTOR entered into a First Amendment to that contract on April 23, 2024 to add additional services and modify the compensation; and WHEREAS, CITY and CONTRACTOR each desire to amend the scope of services, compensation, and term of said Agreement as outlined in Exhibit C.
NOW, THEREFORE, BE IT AMENDED BY AND BETWEEN THE PARTIES AS FOLLOWS:
(A) 2. COMPENSATION
(a) Is hereby amended so that CITY agrees to pay CONTRACTOR an additional $79,750 in full compensation for all additional services performed as outlined in Exhibit C. CITY agrees to reimburse CONTRACTOR for approved expenses in an amount not to exceed $137,675.
(B) Full Force and Effect. Except as herein modified, all other provisions of the AGREEMENT dated October 10, 2023, and amended on April 23, 2024 shall remain unmodified and continue in full force and effect.
(C) Counterparts. This AMENDMENT may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute but one instrument.
A facsimile signature shall be deemed an original signature. -2-
IN WITNESS HEREOF, the CITY and CONTRACTOR have executed this AGREEMENT as of the date first herein above set forth.
CITY OF PARAMOUNT MICHAEL BAKER INTERNATIONAL
By: By:
Annette C. Delgadillo, Mayor Richard Beck, Vice President ATTEST:
By:
Heidi Luce, City Clerk
APPROVED AS TO FORM:
By:
John E. Cavanaugh, City Attorney
EXHIBIT C
5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
Office: 949-472-3505 | Fax: 949-473-8373 | mbakerintl.com June 24, 2024
Adriana Figueroa
Public Works Director
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Subject: City of Paramount Landscaped Medians Conceptual Design Amendment #2
Dear Ms. Figueroa:
Michael Baker International appreciates the opportunity to continue to provide professional design services to the City of Paramount for developing design solutions for its landscaped medians.
Please find our Scope of Work and Fee for Contract Amendment #2 for your consideration. We are ready to start immediately upon receipt of your notice to proceed.
We look forward to continue working with you on your project. If you have any questions or would like to discuss our proposal in further detail, please contact me at (949) 472-3415 or [email protected].
Sincerely,
Jeremy Franzini, PLA
Department Manager – Landscape Architecture
Landscaped Medians Conceptual Design – AMD#2 June 24, 2024 SCOPE OF WORK Page 2
LANDSCAPE ARCHITECTURE
SCOPE OF WORK
AMENDMENT #2
LANDSCAPED MEDIANS DESIGN
SCOPE OF WORK
Michael Baker (Consultant) will prepare construction documents suitable for bidding and constructing the landscape improvements within the existing medians on Downey Avenue from Monroe Street to Wilbarn Street for approximately 1.2 miles as shown in Exhibit A, Project Area. The improvements will occur within the existing median concrete curbs and will include the removal of existing median paving, planting, and irrigation and the installation of new decorative pavers, planting, and irrigation following the approved Median Concept Plans prepared under previous tasks.
Task 10: Site Visit and As-Built Drawing Confirmation
The City will provide irrigation as-built information for the medians prior to the site visit. The Consultant will conduct one field visit with City maintenance staff to review the accuracy of the as-built information.
Downey Avenue does not have recycled water available, so the existing potable water meters will be reused. It is assumed that the existing irrigation equipment after the water meters will be removed and upgraded to a new irrigation design complying with California’s water conservation requirements and new water meters or electrical services for irrigation controllers will not be needed as part of this project.
Task 11: Construction Documents
The Consultant will obtain high resolution aerial photography to use as the base files but will not be responsible for the accuracy of the information since topographic survey and utility research is not part of this scope of work. The proposed improvements will occur within the existing landscaped medians and new median curbs or new raised medians are not included within this scope of work. This task includes three (3) submittals to the City for review and approval prior to bidding: 90% complete plans, 100% complete plans, and Final Signed plans. For each submittal, the Consultant will submit the following:
Title Sheet
Consultant will prepare a Title Sheet showing the project name, vicinity map, location map, project address, project directory, sheet index, and pertinent standards for the Contractor to follow.
Demolition Plans
Consultant will prepare 1”=20’ scale demolition plans indicating which existing features will be removed or protected-in-place, including but not limited to median paving, curbs, signs, lights, utilities, and trees. The existing trees will be protected-in-place unless directed to be removed by Landscaped Medians Conceptual Design – AMD#2 June 24, 2024 SCOPE OF WORK Page 3
the City where the trees may be causing damage to the roadway, do not appear healthy, or do not meet the characteristics of the new landscape concepts.
Planting / Hardscape Plans, Details, and Legend
Consultant will prepare 1”=20’ scale planting plans in AutoCAD indicating the species, quantity, and size of plant material to be used based on the approved Median Concept Plans. A planting legend and planting details will be included as part of this task.
Irrigation Plans, Details, and Legend
Consultant will prepare 1”=20’ scale irrigation plans in AutoCAD indicating type of irrigation equipment to be used after the water meter, such as the backflow preventer, master valve, pipe, sleeves, valves, quick-couplers, and low-precipitation rate dripline or bubblers. The irrigation design will comply with local Water Conservation requirements. An irrigation legend, irrigation details, and water use calculations will be included as part of this task.
Technical Specifications
Consultant will prepare the Specification Special Provisions portions of the construction specifications suitable for bidding and awarding the hardscape, planting, and irrigation improvements. The specifications will be prepared in the “Greenbook” Standard Specifications for Public Works Construction format. The City will be responsible for preparing the General Provisions of the Specifications and will prepare the entire specifications document for bidding.
Opinion of Probable Construction Costs
Consultant will provide an Opinion of Probable Construction Costs based on the hardscape, planting, and irrigation construction drawings.
Task 11.1: 90% Construction Documents
Consultant will prepare 90% complete construction documents using the City’s title block for City review.
The Consultant will attend one meeting with the Median Committee to present the construction documents.
Task 11.2: 100% Construction Documents
Consultant will incorporate comments provided by the City and Median Committee from the 90% submittal and will submit 100% complete construction documents.
Task 11.3: Final Construction Documents
Consultant will incorporate comments provided by the City from the 100% submittal and will submit final, signed construction documents suitable for bidding and construction.
Landscaped Medians Conceptual Design – AMD#2 June 24, 2024 SCOPE OF WORK Page 4
Task 12: Bid and Construction Support
It is assumed that the City will complete the bid documents, advertise the project for bidding, and distribute the plans to prospective bidders. Consultant will provide bid service assistance in the form of answering questions from bidders, providing information to the City for bid addendums, attendance at one (1) pre-bid meeting, and assistance with distributing information.
Consultant will provide construction phase design support services. It is assumed that the City will use its own Construction Manager or Resident Engineer to oversee the project construction and the Consultant’s duties and responsibilities at the project site will be in a support role to the City in dealings with the Contractor.
The Consultant will review submittals, shop drawings, RFI’s, product data, samples, and other submittals for conformance with the intent of the Contract Documents. Consultant will attend up to three (3) construction field meetings when requested by the City.
At the 100% completion of all improvements, the Consultant will conduct a final field review and comment on the improvements for conformance with the plans and specifications. Consultant will provide written direction in the form of a punch list of items to be corrected before final acceptance.
Consultant will prepare CAD “As-Built” Record Drawings based on the approved redline set of field changes and revisions as provided by the Contractor and approved by the City. The revised plans Record Drawings we will be provided to the City for their records.
SCOPE OF WORK EXCLUSIONS
• As-Built drawing or utility research
• Plant surveys or existing tree evaluation
• Grading and drainage plans
• Topographic survey / boundary mapping
• Utility research
• Soils testing or analysis
• Storm Water Pollution Prevention Plan (SWPPP) or Storm Water Quality Management Plan (SWQMP)
• Traffic control plans
• Street improvements
• Electrical plans, electrical services/connections, or lighting design • Construction management / Resident Engineer
• Environmental clearances
• Permits or fees
• Plan processing or submittals to outside agencies
• Any other services not specifically set forth in the above Scope of Work Landscaped Medians Conceptual Design – AMD#2 June 24, 2024 SCOPE OF WORK Page 5
FEE
Item Description Fee
Task 10: Site Visit and As-Built Drawing Confirmation ...................................................... $2,575 Task 11.1: 90% Construction Documents ...........................................................................$37,915 Task 11.2: 100% Construction Documents .........................................................................$15,540 Task 11.3: Final Construction Documents............................................................................. $8,560 Task 12: Bid and Construction Support............................................................................$14,560 Reimbursable Expenses Allowance .................... $600 Total...........$79,750
Landscaped Medians Conceptual Design – AMD#2 June 24, 2024 SCOPE OF WORK Page 6
EXHIBIT A – PROJECT AREA
To: Honorable City Council
From: John Moreno, City Manager
By: Yecenia Guillen, Community Services
Director
Date: July 9, 2024
SUBJECT: AGREEMENT WITH STUDIO ONE ELEVEN TO PROVIDE
PROFESSIONAL DESIGN SERVICES FOR THE CENTURY GREENWAY
PROJECT
BACKGROUND
The large median greenway on Century Boulevard between Merkel Avenue and Wiemer Avenue has a larger width than a typical street median (see Attachment 1). Its width of approximately 75 ft. provides an opportunity to convert this median to other uses to support the community. The median is approximately 750 feet long between Merkel Avenue and Wiemer Avenue and 75 feet wide at its widest and 25 feet wide at its narrowest. The entire space equals approximately 36,500 square feet or .84 acres.
At a recent community meeting held at Roosevelt Elementary School, a parking concept was shown to 41 area residents that would have added new parking spaces along the center median on Century Boulevard. The residents spoke out against the parking concept and clearly identified the median as a valuable recreational space and that the green open space enhances the aesthetics of their neighborhood.
DISCUSSION
The City currently has funding through a Measure A Technical Assistance Program (TAP) grant with the Los Angeles County Parks and Open Space District (RPOSD) to provide conceptual design funding to identify potential projects to increase park space. A conceptual design to convert the Century median space into a mini-park, or greenway, has been approved by the RPOSD as an eligible project under the grant.
In keeping with the resident sentiment about the recreational nature of the Century Boulevard median, staff is proposing a recreational concept for this greenway space using the TAP grant. Generally, staff desires a design that would convert the greenway median to a mini-park space that includes additional landscaping, exercise stations, lighting, a small 0–5-year-old playground, picnic benches, and walking trail with distance markers.
Staff recently visited a similar type of park space in the City of Monrovia (see Attachment 2). The design concept, once completed, would be shared with the community around the Agenda Report July 9, 2024
STUDIO ONE ELEVEN DESIGN SERVICES – CENTURY GREENWAY Page 2 Century Boulevard median to determine if this concept provides the recreational benefit the community desires for this space.
Design Services – Century Greenway Project
Studio One-Eleven has provided staff with a cost of $45,000 to create an initial concept design, utilizing TAP grant funds, for the Century Boulevard median that would convert it into a recreational greenway.
Paramount Municipal Code Section 3.12.080 exempts professional/technical services from bidding requirements. However, since the agreement for design services from Studio One-Eleven is over $40,000, City Council approval of the agreement is required.
FISCAL IMPACT
There is no fiscal impact to the General Fund with approval of this design project. The funding is provided by the TAP grant and there is an already approved capital improvement project identified for these TAP approved design concepts.
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
Approve the agreement with Studio One Eleven in the amount of $45,000 for the concept design of the Century Greenway project and authorize the Mayor or her designee to execute the agreement.
Median Greenway on Century Boulevard between Merkel Avenue and Wiemer Avenue
Lucinda Garcia Park - 502 W Olive Ave Monrovia, CA 91016
SERVICE AGREEMENT BY AND BETWEEN THE
CITY OF PARAMOUNT
AND
STUDIO ONE-ELEVEN
FOR CONCEPTUAL DESIGN SERVICES FOR A RECREATIONAL GREENWAY ON CENTURY BOULEVARD (CAPITAL PROJECT 9460)
THIS AGREEMENT is made and entered into this 9th day of July, 2024 by and between the CITY OF PARAMOUNT, hereinafter referred to as the “CITY,” STUDIO ONE-ELEVEN, hereinafter referred to as the “CONTRACTOR.”
I. RECITAL
A. PURPOSE. The purpose of this AGREEMENT is to allow the CITY to procure the services of a qualified contractor to provide conceptual design services for the development of a recreational greenway on Century Boulevard (Capital Project No. 9460), and to have these contractor services based upon the terms and conditions hereinafter set forth.
II. TERMS AND CONDITIONS
A. MISSION. The CITY hereby retains the CONTRACTOR in the capacity as contractor and the CONTRACTOR hereby accepts such responsibility as described herein.
B. TERMS. This AGREEMENT shall commence as of 9th day of July, 2024 and shall remain in full force and effect until such time either party gives written notice of termination in accordance with those provisions set forth in paragraph P. At the time of such extensions, this AGREEMENT shall be amended as to the changes, if any, in the terms, responsibilities and compensation as determined in writing between the CITY and CONTRACTOR.
C. SCOPE OF SERVICES. Under the supervision of the Director of Community Services or his designee, the CONTRACTOR shall provide all services as detailed in the CONTRACTOR’s Proposal dated October 19, 2023 and attached herein as Exhibit A”. In the event of any conflict between the provisions of this AGREEMENT and Exhibit “A,” the terms of this AGREEMENT shall prevail.
COMPENSATION. During the term of this AGREEMENT, the CITY shall compensate the CONTRACTOR for the services described as detailed in Exhibit “A”. Invoices for payment shall be submitted on a monthly basis and shall be approved by the Director of Community Services or his designee.
The CONTRACTOR shall submit an itemized invoice to the CITY according to work progress, setting forth the work performed and the rates charged in accordance with the contractor’s fee schedule.
All change orders, additions, deletions or adjustments to the CONTRACTOR’s specifications must be submitted in writing to the CITY for approval. The CITY is the sole City of Paramount
SERVICE AGREEMENT Page 2
authority regarding change orders and the CONTRACTOR shall not change, alter, or delete, in any manner, any portion of these specifications of the CITY.
E. EXPENSES. CONTRACTOR shall not be entitled to an expense account and shall not be required or permitted to incur expenses on behalf of the CITY in addition to the expenses required for completion of the scope of services described herein. The compensation described herein includes provision for all CONTRACTOR expenses required to complete the scope of services described herein.
F. INDEPENDENT CONTRACTOR.
(a) CONTRACTOR is and shall at all times remain as to the City a wholly independent CONTRACTOR. The personnel performing the services under this Agreement on behalf of CONTRACTOR shall at all times be under CONTRACTOR'S exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, or agents, except as set forth in this Agreement. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR, nor any of CONTRACTOR’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. CONTRACTOR expressly waives any claim CONTRACTOR may have to any such rights. (c) City shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
G. INDEMNIFICATION.
(a) All officers, agents, employees, sub-Contractors, their agents, officers and employees who are hired by or engaged by CONTRACTOR in the performance of this Agreement shall be deemed officers, agents and employees and subContractors of CONTRACTOR, and City shall not be liable or responsible to them for anything whatsoever.
(b) CONTRACTOR 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 received or suffered by reason of any wrongful or negligent act or omission on City of Paramount
SERVICE AGREEMENT Page 3
the part of CONTRACTOR or any of its agents, officers and employees and subContractors in the performance of this Agreement. (c) CONTRACTOR shall not be deemed to assume any liability for wrongful or negligent acts of City or its officers, agents, employees and sub-Contractors, and City shall defend and hold CONTRACTOR harmless against any such claims.
(d) CONTRACTOR 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 CONTRACTOR’S employees from health, retirement or other benefits attributable to services performed pursuant to this Agreement.
H. SUCCESSOR AND ASSIGNMENT. The services as contained herein are to be rendered by the CONTRACTOR whose name is as appears first above written and said CONTRACTOR shall not assign nor transfer any interest in this AGREEMENT without the prior written consent of the CITY. Claims for money by CONTRACTOR from the CITY under this contract may be assigned to a bank, trust company, or financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY.
I. INSURANCE. Without limiting the CONTRACTOR’S indemnification of the CITY, the CONTRACTOR shall provide and maintain at this own expense during the term of this AGREEMENT for the following programs of insurance covering his operation hereunder. Each program of insurance, except professional liability and workers compensation insurance shall name the CITY as “Additionally Insured”, and each policy shall contain a provision that such insurance will not be cancelled, nor any change whatsoever made in policies, except upon not less than thirty (30) days prior notice to the CITY, mailed by registered mail with postage prepaid. Such insurance shall be provided by insurer(s) satisfactory to the CITY and evidence of such programs satisfactory to the CITY shall be delivered to the CITY on or before the effective date of this AGREEMENT.
General Liability. A program including, but not limited to, comprehensive general liability including automobile coverage with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by the CITY. The issuer shall be an “admitted surety insurer” duly authorized to transact business under the laws of the State of California.
Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the City.
Insurance shall name the City of Paramount, its officers, agents, and employees as additional insured by endorsement of the Contractor’s policy. A copy of the endorsement, showing policy limit, shall be provided to the City on or before signing this contract.
City of Paramount
SERVICE AGREEMENT Page 4
Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of this AGREEMENT upon which the CITY will immediately terminate this AGREEMENT.
Worker’s Compensation Coverage. State statutory limits, deductibles, self-insurance retention, or similar forms of coverage limitations or modifications must be declared to and approved by CITY.
Automobile Liability Insurance. In an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit per accident for bodily injury and property damage covering owned, non-owned and hired vehicles.
J. COMPLIANCE WITH LAWS. The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this AGREEMENT.
K. SEVERABILITY. In the event that any covenant, condition or other provisions herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of the AGREEMENT and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law.
L. INTERPRETATION. No provision of this AGREEMENT is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision, but this AGREEMENT is to be construed as if it were drafted by both parties hereto.
M. ENTIRE AGREEMENT. This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of CONTRACTOR by the CITY and contains all the covenants and agreements between the parties with respect to such retention.
N. WAIVER. No breach of any provision hereof can be waived unless in writing.
Waiver of any one break of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof.
O. CONTRACT EVALUATION AND REVIEW. The ongoing assessment and monitoring of this AGREEMENT is the responsibility of the City Manager, or his designee.
P. TERMINATION OF AGREEMENT. This AGREEMENT may be terminated by either party by giving written notice at least thirty (30) days prior to the effective termination date in the written notice. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this AGREEMENT shall, at the option of the CITY, becomes its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Reuse of or modifications made to the CONTRACTOR's work product City of Paramount
SERVICE AGREEMENT Page 5
by the City or any third-party shall be at that party's sole risk. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the AGREEMENT by the CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONTRACTOR is determined.
Q. CHANGES. The CITY or CONTRACTOR may request changes in the scope of the services of the CONTRACTOR to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONTRACTOR’S compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be incorporated in written amendments to this AGREEMENT.
R. REPORTS AND INFORMATION. CONTRACTOR, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to work or services undertaken pursuant to this AGREEMENT, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this AGREEMENT.
S. RECORDS AND AUDITS. CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this AGREEMENT, and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for five (5) years after the expiration of this AGREEMENT unless permission to destroy them is granted by the CITY.
T. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this AGREEMENT are confidential and the CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY.
U. COPYRIGHT. No report, maps, or other documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the CONTRACTOR.
V. PERSONNEL. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required in performing the services under this AGREEMENT. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by CONTRACTOR or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under the state and local law to perform such services. None of the work or services subcontracted hereunder shall be specific by written contract or agreement and shall be subject to each provision of this AGREEMENT.
III. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this AGREEMENT, the CONTRACTOR agrees as follows:
City of Paramount
SERVICE AGREEMENT Page 6
A. EQUAL OPPORTUNITY.
(a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non-discrimination clause.
(b) The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin.
(c) The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this AGREEMENT so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
(d) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(e) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the CITY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the CONTRACTOR’S non-compliance with the equal opportunity clauses of this AGREEMENT or with any of such rules, regulations, or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The CONTRACTOR will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive City of Paramount
SERVICE AGREEMENT Page 7
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
B. CIVIL RIGHTS ACT OF 1964. Title VI of the Civil Rights Act of 1964, provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or, be subjected to discrimination under any program or activity receiving Federal financial assistance.
C. AGE AND DISABILITY. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, shall apply to this AGREEMENT.
IV. CONFLICT OF INTEREST
During the performance of this AGREEMENT, the CONTRACTOR agrees as follows:
A. INTEREST OF MEMBERS OF THE CITY. No member of the governing body of the CITY and no other employee, or agent of the CITY who exercises any functions of responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT.
B. INTEREST OF CONTRACTOR. CONTRACTOR represents, warrants and agrees that he does not presently have, nor will he acquire during the term of this AGREEMENT, any interest, direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one-percent (1%) or less interest in publicly-traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract, or arrangement with the CITY.
C. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONTRACTOR shall take appropriate steps to assure compliance.
V. NOTICES
City of Paramount
SERVICE AGREEMENT Page 8
Notices herein shall be presented in person or by certified or registered U.S. Mail, as follows:
To the CONTRACTOR: Studio One-Eleven
245 E. Third St.
Long Beach, CA 90802
To the CITY: City of Paramount
Director of Community Services
Yecenia Guillen
16400 Colorado Avenue
Paramount, CA 90723
IN WITNESS HEREOF, the CITY and CONTRACTOR have executed this AGREEMENT as of the date first herein above set forth.
CITY OF PARAMOUNT STUDIO ONE-ELEVEN
By: By:
Mayor Annette Delgadillo
Mayor
Kirk Keller
Principal
ATTEST:
By:
Heidi Luce, City Clerk
APPROVED AS TO FORM:
By:
John E. Cavanaugh, City Attorney
City of Paramount
SERVICE AGREEMENT Page 9
EXHIBIT A
October 19, 2023
David Johnson
Community Services Director
City of Paramount
16400 Colorado Ave., Paramount, CA 90723
[email protected]
RE: Proposal for Design Services – Paramount Greenway
Paramount, CA
Dear David:
Thank you for the opportunity to submit this design services proposal. We are pleased to support the City of Paramount (City) in the conceptual design of the park greenway space located on Century Boulevard between Merkel Avenue and Wiemer Avenue in Paramount, CA.
Project Description
The project intends to convert a linear roadway median (currently covered with turf grass and several trees) into a park space potentially with play equipment, walkways/exercise circuit, and landscape planting. The median is surrounded by Century Blvd to the north and south; Merkel Ave. to the west and Wiemer Ave. to the east. A sidewalk runs through a portion of the median connecting to Anderson Street and Merkel Avenue. The median is approximately 750 feet long and 75 feet wide at its widest and 25 feet wide at its narrowest. The Site Area equals approximately 36,500 square feet (.84 acres). Refer to Exhibit ‘B’ Scope of Work. The overall budget for site improvements is not currently known.
The city has referenced Lucinda Garcia Park renovation in Monrovia, CA as a comparable example project of public park space within a wide median. This site area equals approximately 64,500 square feet (1.48 acres). The park renovation budget included $1million in grants and the design theme was connected to the history of the red car trolley.
Assumptions
The following assumptions have been made regarding project scope, workflow, and documentation.
1. There are no roadway improvements anticipated with the scope of work. The existing curbs, gutters and stormwater catch basins shall remain in place and may be supplemented with new nature-based stormwater improvements.
2. As-built documents exist for the roadway median and will be made available by the city.
3. Studio One Eleven will provide project documentation drawings at the request of the city under separate proposal.
4. There will be no community outreach.
Paramount Greenway Park – Design Proposal
October 19, 2023
page 2 of 4
5. A ‘theme’ (color, pattern, design aesthetic) for the playground equipment and park design will be established in concept design to give the park space an identify authentic to Paramount.
Project Schedule
It is understood that the final project schedule will accommodate the appropriate time needed for all professional services to be performed in a timely process, including design, coordination, client reviews and other professional services as required by this Agreement. Prior to beginning work, the Client shall notify the Architect in writing of final project schedule and project budget. Accelerated or delayed schedules may result in additional service fees. The total project duration of the project is currently anticipated at 8 weeks. Note: client reviews and approvals timeline are not included in the project timeline. Timelines are understood to be subject to change and will be finalized prior to the start of the project.
Phase Duration
Conceptual Design 8 weeks
Deliverables | Scope of Services
The design process will consist of the following:
I: Conceptual Design – 8 weeks
Prepare a conceptual landscape architecture package for client review. • Attendance at one (1) kick-off meeting with client (via teleconference) to facilitate a goal setting discussion and to review constraints and opportunities for design based on the proposed site. Establish project goals, objectives, and desired outcomes to inform the design.
• One (1) site visit to physically review existing conditions, constraints and to photo document the site and adjacent conditions.
• Establish a site plan utilizing the city provided roadway plans, generating a site plan to be used as base file for concept plans.
• Review the existing conditions and configuration of the site to understand opportunities and constraints to be accounted for in the design. • Provide narrative and imagery to describe the proposed design approach in the form of precedent/example imagery and a description of their specific purpose(s) that conveys potential design components for consideration.
• Provide a site circulation and programming diagram exploring pedestrian connectivity and spatial relationships between park programming elements and amenities. • Prepare two (2) design concepts for the park space (via precedent imagery, plan sketches).
• Prepare preliminary design concept package (11x17 PDF) for client review and comment.
• Existing conditions photos and circulation analysis
• Two (2) design concept site plans with keynotes.
Paramount Greenway Park – Design Proposal
October 19, 2023
page 3 of 4
• Design precedents for each concept depicting proposed park design features and interactive elements.
• Attend one (1) teleconference meeting with City of Paramount staff to review preliminary design concept options.
• Based on City feedback and selection of preferred design concept develop design package that includes:
• Project Design Narrative and goals
• Supporting precedent imagery to establish design intent • One (1) overall Illustrative Landscape Plan with keynotes • Up to three (3) 3D vignettes to describe design intent for the park and play space.
• Hardscape Materials and Site Furnishings board
• Planting palette
• Contract and coordinate with cost estimating consultant to develop ROM pricing based on preferred concept design.
• Attend one (1) teleconference meeting with City of Paramount staff to review final concept design package and ROM pricing.
• Minor revisions to conceptual design and ROM based on City feedback to receive concept approval.
Fee Summary
I. Conceptual Design and ROM Cost Estimate (fixed fee) $45,000 The fee has been prepared based on the scope of the work described above. It is understood that should the Client’s program or the architect’s services be increased due to significant changes; additional fees shall be required. This proposal will be honored for 60 days from the date listed above. If after 60 days the Client requests services as outlined within this Proposal, it may be necessary to review the proposal for staff availability and revised pricing. If the scope of work has not been completed within six (6) months of the execution of this Agreement, through no fault of Studio One Eleven, extension of the landscape architectural services beyond that time is subject to additional compensation for the services yet to be performed.
Exclusions and Additional Services
Exclusions and additional services include but are not limited to the items listed below. Refer to scope for included services.
1. Schematic Design, Design Development, Construction Documents (including but not limited to Demolition or phasing plans), Construction Administration and Construction Observation.
2. Design associated with additional areas beyond scope of work.
3. Street or sidewalk improvement plans.
4. Attendance at design review board, City planning commission, City Council meetings/presentations or community outreach meetings.
5. Zoning or Planning entitlement submittal packages, processing, or approvals.
Paramount Greenway Park – Design Proposal
October 19, 2023
page 4 of 4
6. Preparation of exhibits for variances, exceptions, and/or code modifications.
7. Arborist Services including tree identification, health evaluation, monetary valuation, and transplant potential of existing trees.
8. Water feature design, engineering or permitting.
9. Outdoor lighting design, photometric documentation, or electrical engineering.
10. Design, location, or selection of public art.
11. ADA accessibility evaluation, documentation, and analysis.
12. Storm Water Pollution Prevention Plan [SWPPP] and LID [Low Impact Development] plans and calculations.
13. Additional meetings, changes to work product at request of Client, which conflict with prior approvals, or Client's directions, or design services beyond those included in the scope of work.
14. Contracting with any consultants beyond those included in this Agreement.
15. Curation, selection, and design of public art.
16. Community event planning and programming activities.
17. Engineering design including but not limited to civil, electrical, structural, geotechnical, traffic, environmental, or civil.
18. 3D renderings or site plan marketing exhibits beyond those included in the scope of work, Lumion (3D) videos or other animations.
19. Reimbursable expenses.
City to Provide
1. ALTA survey
2. Program requirements
3. Final overall project construction budget information (necessary to establish design).
4. Written approval of Concept Design prior to proceeding to the next stage of document preparation.
We would like to thank you for giving us the opportunity to submit a proposal for design services for the City of Paramount’s Greenway Park. It is understood that a formal Agreement for the above referenced services will be issued for signature should you request that we proceed with these services and the scope of services and fees are agreed upon.
Sincerely,
Kirk Keller, ASLA, CLARB, LEED AP
Principal
Studio One Eleven
California Registered Landscape Architect #6121
Staff 12: $290.00
Staff 11: $270.00
Staff 10: $250.00
Staff 9: $240.00
Staff 8: $230.00
Staff 7: $220.00
Staff 6: $205.00
Staff 5: $195.00
Staff 4: $175.00
Staff 3: $155.00
Staff 2: $135.00
Staff 1: $ 95.00
Auto Mileage: $0.63 per mile
Air Travel and Auto Rental: Actual cost plus 15%
Subsistence (lodging, meals and incidentals): Actual cost plus 15% (where the work requires that employee stay over night
away from home, or travels beyond 100
miles one-way from our office).
a. Office and drafting supplies are included in the hourly rate in Paragraph 1. b. Cost of printing, color copies, CAD plotting and reproductions are charged at cost plus 15% from commercial reprographics companies.
c. Outside services i.e., messenger, Federal Express, express mail, etc., are charged at actual cost plus 15%.
d. Any reimbursable expenses requested by the client subsequent to the completion of our contract scope of work shall be billed on a time and material basis. This includes the cost of professional fees required to process this request.
Actual cost plus 15%.
In accordance with normal architectural rate review practices, we may periodically revise this Schedule of Fees in keeping with industry rate changes. We reserve the right to incorporate these changes into existing contracts and/or changes in services.
GREENW
36,500 SF
To: Honorable City Council
From: John Moreno, City Manager
By: Heidi Luce, City Clerk
Date: July 9, 2024
SUBJECT: APPOINTMENT OF CITY COMMISSIONERS
BACKGROUND
Each year, the City Council reviews the City’s Local Appointments List and makes appointments or reappointments to the various City Commissions as necessary.
DISCUSSION
Attached is the current Local Appointments List which indicates, in the far right column, which terms are expiring. This year, there are three Planning Commissioner’s terms that are expiring, and all of the Public Works Commissioner’s terms are expiring. The Parks and Recreation, Public Safety and Senior Services Commissioners all serve a one year term. Below is a description of each commission and the Paramount Municipal Code sections related to City Commissions are attached for reference. ■ Planning Commission
The Planning Commission shall be appointed by the Mayor, with the approval of the City Council. This Commission is composed of five members who serve a term of four years. (Paramount Municipal Code Sections 2.12.010)
■ Public Works Commission
The Public Works Commission shall be appointed by the City Council. This Commission is composed of five members who serve a term of two years. (Paramount Municipal Code Sections 2.12.020)
■ Parks and Recreation Commission
The Parks and Recreation Commission shall be appointed by the Mayor, with the approval of the City Council. This Commission is composed of five members who serve a term of one year. (Paramount Municipal Code Sections 2.12.040) ■ Public Safety Commission
The Public Safety Commission shall be appointed by the Mayor, with the approval of the City Council. This Commission is composed of five members who serve a term of one year. (Paramount Municipal Code Sections 2.12.030)
Agenda Report July 9, 2024
APPOINTMENT OF CITY COMMISSIONERS Page 2
■ Senior Services Commission
The Senior Services Commission shall be appointed by the Mayor, with the approval of the City Council. This Commission is composed of five members, 55 years of age or older, who serve a term of one year. (Paramount Municipal Code Sections
2.12.050)
The proposed list of 2024-25 commission appointments/reappointments is attached for consideration with the changes noted in red text.
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
Review and confirm the appointment of City Commissioners.
City of Paramount
2023-2024 LOCAL APPOINTMENTS LIST (Updated 04-08-2024)
In compliance with the requirements of Government Code Section 54972 (Maddy Act), the following is a list of all appointive offices, terms, and qualifications for City of Paramount commissions. Commissioners are appointed by the Mayor, with the approval of the City Council, and serve at the will and pleasure of the City Council.
Qualifications: Resident of the City of Paramount and not an employee or related to a member of the City Council or their spouse as set forth in the Paramount Municipal Code Section 2.16.020. Planning Commissioners must be qualified electors of the City of Paramount and not hold any paid office or employment in the city government. Senior Services Commissioners minimum age for eligibility for appointment is 55 years of age.
Commission Appt. Date Term Exp.
PLANNING COMMISSION Term of Office: 4 years
Ernie Esparza (PL) ............................................................................................................
Javier Gonzalez (BO) ........................................................................................................
David Moody (AD) ...........................................................................................................
Linda Timmons (IA)..........................................................................................................
Gordon Weisenburger (VCS) ............................................................................................ 03/2003
07/2022
07/2022
03/2023
04/2020
07/2026
07/2024
07/2026
07/2024
07/2024
PUBLIC WORKS COMMISSION Term of Office: 2 years
Jaime Abrego (AD) ...........................................................................................................
Rita Aguilar (BO) ..............................................................................................................
Georgina Arceo (VCS) ......................................................................................................
Alvin Parks (IA) ................................................................................................................
Rosemary Vasquez (PL).................................................................................................... 07/2022
07/2022
07/2022
04/2010
03/2007
07/2024
07/2024
07/2024
07/2024
07/2024
PARKS & RECREATION COMMISSION Term of Office: 1 year
Jennifer Alcaraz (IA).........................................................................................................
Shirley Grayson (VCS)......................................................................................................
Charlene Landry (PL)........................................................................................................
Austin Moreno (AD) .........................................................................................................
Steve Yanez (BO).............................................................................................................. 05/2022
07/2023
06/2019
07/2022
01/2022
07/2024
07/2024
07/2024
07/2024
07/2024
PUBLIC SAFETY COMMISSION Term of Office: 1 year
Marcelina “Marcie” Bridges (PL) .....................................................................................
Robert Cruz (AD) ..............................................................................................................
Gerardo Ruiz (VCS) ..........................................................................................................
Dora Sanchez (IA).............................................................................................................
Vacant
07/2019
07/2022
07/2022
04/2020
07/2024
07/2024
07/2024
07/2024
SENIOR SERVICES COMMISSION Term of Office: 1 year
Martha Garcia (AD) ..........................................................................................................
Anna Mageno (VCS).........................................................................................................
Elsa Padilla (BO)...............................................................................................................
Claudia Quinones (PL) ......................................................................................................
Patricia Winiecki (IA) ....................................................................................................... 07/2022
07/2023
04/2020
02/2015
04/2020
07/2024
07/2024
07/2024
07/2024
07/2024
I, Heidi Luce, City Clerk of the City of Paramount, California, hereby certify that I caused this notice to be posted on the City of Paramount’s website and designated public posting places this 9th day of April 2024 /s/ Heidi Luce, City Clerk
[ ] CF 10.14 [ ] CF 27.LOC H:\CITYMANAGER\CITY CLERK\REORG\MADDYACT-APPTLISTS\MADDYPOS2023-07-2023.DOCX;7/4/2024 12:24 AM City of Paramount 16400 Colorado Avenue Paramount, CA 90723 (562) 220-2000 www.paramountcity.com A.
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City of Paramount, CA
Thursday, June 27, 2024
Title 2. Administration and Personnel
Chapter 2.12. COMMISSIONS
§ 2.12.010. Planning Commission.
Created. The City Council hereby creates a Planning Commission to be known as the City Planning Commission.
Composition—Qualifications—Appointment and Term of Office of Members—Filling Vacancy in Office. The Planning Commission of the City shall consist of five members, who shall be qualified electors of the City, none of whom shall hold any paid office or employment in the City government. The five members of the City Planning Commission heretofore appointed to office shall continue to hold such office for the term heretofore created, subject to the terms and provisions of this section. Successors to such offices of the City Planning Commission shall serve for a term of four years and until their successors are appointed and qualified. If vacancies occur, otherwise than by expiration of term, they shall be filled by appointment for the unexpired portion of the term by the City Council. Members shall be appointed by the Mayor with the approval of the City Council.
Removal of Members—Attendance at Meetings—Compensation of Members. Any member of the Planning Commission shall be subject to removal by motion of the City Council adopted by at least three affirmative votes. The office of any member of the Planning Commission shall be vacated if the member absents him or herself from three regular meetings of the Commission, unless by permission of the Commission, or if he or she is convicted of a crime involving moral turpitude or ceases to be an elector of the City. The members of the Planning Commission shall receive compensation on a monthly basis at a rate to be determined from time to time and set forth by resolution of the City Council.
Powers and Duties Generally. It shall be the duty of the members of the Planning Commission to inform themselves on matters affecting the function, duties and matters before the Commission. The Planning Commission shall have all powers and duties given to them by general State statutes and this Code, and in its deliberations, conduct and acts, be governed by the statutes of the State and this Code in reference thereto. In addition to the aforementioned duties, the members of the Planning Commission shall also serve as the Development Review Board pursuant to Chapter 17.60 of the Paramount Municipal Code and, when necessary, shall also sit as the Economic Development Board to receive information regarding economic development activities in the City.
Officers—Meetings—Rules and Regulations—Records. The Planning Commission shall elect its chairperson from among its appointed members for a term of one year, and shall likewise elect one of its members to serve as presiding officer pro tempore (vicechairperson) at the pleasure of the Commission. The Planning Commission shall hold at least one meeting in each month in the City Council chambers which shall be open to the public, and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment. When so adjourned, such adjourned meeting shall be a regular meeting for all purposes. If at any time any regular meeting falls on a holiday, such regular meeting shall be held in the next business day. The Planning Commission shall adopt rules and regulations for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be a public record.
Applicability of State Law. The City Planning Commission and the City Council shall be governed in all their actions, where not specifically covered by this section, by Sections 65000 to 65711 of the Government Code of the State.
(Prior code §§ 2-48—2-53)
A.
B.
1. 2.
a.
b.
C.
1. 2.
3. 4.
D.
A.
B.
C.
1. § 2.12.020. Public Works Commission.
Establishment. The City Council does hereby establish a Public Works Commission which shall act as an advisory board, subject to City Council direction, for the development and operation of the City's Public Works Department.
Membership and Terms of Office.
Membership. The Commission shall consist of five members who shall be appointed by the City Council of the City. All members of the Public Works Commission shall be residents of the City and shall serve at the will and pleasure of the City Council.
Terms of Office—Vacancy.
Members to the Commission shall be appointed for a term of two years or until their successors are duly appointed. The Public Works Commission shall elect a chairperson and a vice chairperson from among its appointed members for a term of one year at its regular meeting in May of each year.
If a vacancy occurs otherwise than by expiration of a term it shall be filled by appointment for the unexpired portion of the term.
Duties and Functions.
Recommendation—Hearings. The Public Works Commission shall be charged with the responsibility for making recommendations regarding matters affecting public works in the City, and such related matters that may be directed by order of the City Council, and in that connection shall hold monthly meetings to effect these purposes.
Actions of this Commission shall take the form of recommendations and reports to the City Council.
Power and Authority. The Public Works Commission shall cause proper records to be kept of all its official acts and proceedings. The Commission shall have no power or authority to bind or obligate the City or any officer or department thereof for any money, debt, undertaking or obligation of any kind in excess of the appropriation which the City Council may have made for the purpose of the Commission in any fiscal year.
Rules of Organization and Procedure. The Commission is a reviewing and recommending body and shall have no power to direct members of the City staff or contract entities. Except as otherwise provided in this title or by law, the Commission shall have power to and shall provide for its own organization, shall adopt rules and regulations for the transaction of business before it, and shall designate the time and place for the regular monthly meeting or meetings of the Commission.
Review Areas. The Public Works Commission shall review, advise, and report to the City Council on topics related to the development and operation of a City Public Works Department including the operation of the City's water system, road maintenance issues, traffic safety requests for stop signs, street lighting, colored curbs, etc., and other related items which may from time to time be referred to them.
Compensation. The members of the Public Works Commission shall receive compensation on a monthly basis at a rate to be determined from time to time and set forth by resolution of the City Council.
(Prior code §§ 2-54—2-57)
§ 2.12.030. Public Safety Commission.
Created and Established. A Public Safety Commission which shall be known as the Public Safety Commission of the City is hereby created and established.
Membership. The Commission shall consist of five members who shall be appointed by the Mayor with the approval of the City Council of the City. All members serve at the will and pleasure of the City Council.
Terms of Office—Vacancy.
Members to the Commission shall be appointed for terms of one year or until their successors are appointed.
2. D.
E.
F.
G.
H.
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B.
C.
D.
E.
F.
If a vacancy occurs otherwise than by expiration of a term, it shall be filled by appointment for the unexpired portion of the term.
Recommendation—Hearings. The Public Safety Commission shall be charged with the responsibility for making recommendations regarding matters affecting police services and programs in the City, and such related matters that may be directed by order of the City Council, and in that connection shall hold monthly meetings to effect these purposes.
Actions of this Commission shall take the form of recommendations and reports to the City Council.
Power and Authority. The Public Safety Commission shall cause proper records to be kept of all its official acts and proceedings. The Commission shall have no power or authority to bind or obligate the City or any officer or department thereof for any money, debt, undertaking or obligation of any kind in excess of the appropriation which the City Council may have made for the purpose of the Commission in any fiscal year.
Rules of Organization and Procedure. The Commission is a reviewing and recommending body and shall have no power to direct members of the City staff or contract entities. Except as otherwise provided in this chapter or by law, the Commission shall have power to and shall provide for its own organization, shall adopt rules and regulations for the transaction of business before it, and shall designate the time and place for the regular monthly meeting or meetings of the Commission.
Duties and Functions. The Commission may review topics such as police service request for patrol services, neighborhood watch issues, public safety training in the schools as conducted by the City, drug education as conducted by the City, and other related items which may from time to time be referred to them. Also, the members of the Public Safety Commission shall convene as the Board of Appeals, pursuant to Paramount Municipal Code Section 13.20.540, when an appeal has been filed with the City pursuant to that section.
Compensation. The members of the Public Safety Commission shall receive compensation on a monthly basis at a rate to be determined from time to time and set forth by resolution of the City Council.
(Prior code §§ 2-80—2-87)
§ 2.12.040. Parks and Recreation Commission.
Created. A Parks and Recreation Commission is hereby created and established.
Membership. The Commission shall consist of five members who shall be appointed by the Mayor with the approval of the City Council of the City. All members serve at the will and pleasure of the City Council. Members to the Commission shall be appointed for terms of one year or until their successors are appointed. If a vacancy occurs otherwise then by expiration of a term, it shall be filled by appointment for the unexpired portion of the term.
Duties and Functions. The Commission shall act in an advisory capacity to the City Council in matters pertaining to parks, recreation facilities, and local transportation; review community organization funding requests which are included in the annual budget; consider uses of recreational facilities; evaluate recreation programs to promote the development of open space for recreational and leisure activities; encourage the development of leisure opportunities for residents of all ages; and promote positive lifestyle choices and alternatives to self-destructive behavior.
Power and Authority. The Parks and Recreation Commission shall cause proper records to be kept of all its official acts and proceedings. The Commission shall have no power or authority to bind or obligate the City or any officer or department thereof, for any money, debt, undertaking or obligation of any kind in excess of the appropriation which the City Council may have made for the purpose of the Commission in any fiscal year.
Rules of Organization and Procedure. The Commission is a reviewing and recommending body and shall have no power to direct members of the City staff or contract entities, except as otherwise provided in this chapter or by law the Commission shall have power to and shall provide for its own organization, shall adopt rules and regulations for the transaction of business before it, and shall designate the time and place for the regular monthly meeting or meetings of the Commission.
Compensation. The members of the Parks and Recreation Commission shall receive compensation on a monthly basis at a rate to be determined from time to time and set forth by resolution of the City Council.
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(Prior code §§ 2-88—2-93)
§ 2.12.050. Senior Services Commission.
Created and Established. A Senior Services Commission which shall be known as the Senior Services Commission of the City is hereby created and established.
Membership. The Commission shall consist of five members who shall be appointed by the Mayor with the approval of the City Council of the City. All members serve at the will and pleasure of the City Council. The minimum age for eligibility for appointment is 55 years of age.
Terms of Office—Vacancy.
Members to the Commission shall be appointed for terms of one year or until their successors are appointed.
If a vacancy occurs otherwise than by expiration of a term, it shall be filled by appointment for the unexpired portion of the term.
Recommendation—Hearings. The Senior Services Commission shall be charged with the responsibility for making recommendations regarding matters affecting senior services in the City, and such related matters that may be directed by order of the City Council, and in that connection shall hold monthly meetings to effect these purposes. Actions of this Commission shall take the form of recommendations and reports to the City Council.
Power and Authority. The Senior Services Commission shall cause proper records to be kept of all its official acts and proceedings. The Commission shall have no power or authority to bind or obligate the City or any officer or department thereof for any money, debt, undertaking or obligation of any kind in excess of the appropriation which the City Council may have made for the purpose of the Commission in any fiscal year.
Rules of Organization and Procedure. The Commission is a reviewing and recommending body and shall have no power to direct members of the City staff or contract entities. Except as otherwise provided in this chapter or by law, the Commission shall have power to and shall provide for its own organization, shall adopt rules and regulations for the transaction of business before it, and shall designate the time and place for the regular monthly meeting or meetings of the Commission.
Review Areas. The Commission may review topics such as the senior meal program; senior excursions; senior activities including instructional classes, bingo, and special events; and other related items which may from time to time be referred to them.
Compensation. The regular members of the Senior Services Commission shall receive compensation of $100.00 per meeting.
(Prior code §§ 2-94—2-101)
City of Paramount PROPOSED
2024-2025 LOCAL APPOINTMENTS LIST (July 9, 2024)
In compliance with the requirements of Government Code Section 54972 (Maddy Act), the following is a list of all appointive offices, terms, and qualifications for City of Paramount commissions. Commissioners are appointed by the Mayor, with the approval of the City Council, and serve at the will and pleasure of the City Council.
Qualifications: Resident of the City of Paramount and not an employee or related to a member of the City Council or their spouse as set forth in the Paramount Municipal Code Section 2.16.020. Planning Commissioners must be qualified electors of the City of Paramount and not hold any paid office or employment in the city government. Senior Services Commissioners minimum age for eligibility for appointment is 55 years of age.
Commission Appt. Date Term Exp.
PLANNING COMMISSION Term of Office: 4 years
Ernie Esparza (PL) ............................................................................................................
Javier Gonzalez (BO) ........................................................................................................
David Moody (AD) ...........................................................................................................
Linda Timmons (IA)..........................................................................................................
Gordon Weisenburger (VCS) ............................................................................................ 03/2003
07/2022
07/2022
03/2023
04/2020
07/2026
07/2028
07/2026
07/2028
07/2028
PUBLIC WORKS COMMISSION Term of Office: 2 years
Jaime Abrego (AD) ...........................................................................................................
Rita Aguilar (BO) ..............................................................................................................
Georgina Arceo (VCS) ......................................................................................................
Alvin Parks (IA) ................................................................................................................
Rosemary Vasquez (PL).................................................................................................... 07/2022
07/2022
07/2022
04/2010
03/2007
07/2026
07/2026
07/2026
07/2026
07/2026
PARKS & RECREATION COMMISSION Term of Office: 1 year
Jennifer Alcaraz (IA).........................................................................................................
Shirley Grayson (VCS)......................................................................................................
Charlene Landry (PL)........................................................................................................
Austin Moreno (AD) .........................................................................................................
Ronald Adams (BO) .......................................................................................................... 05/2022
07/2023
06/2019
07/2022
07/2024
07/2025
07/2025
07/2025
07/2025
07/2025
PUBLIC SAFETY COMMISSION Term of Office: 1 year
Marcelina “Marcie” Bridges (PL) .....................................................................................
Robert Cruz (AD) ..............................................................................................................
Gerardo Ruiz (VCS) ..........................................................................................................
Dora Sanchez (IA).............................................................................................................
Steve Yanez (BO).............................................................................................................. 07/2019
07/2022
07/2022
04/2020
07/2024
07/2025
07/2025
07/2025
07/2025
07/2025
SENIOR SERVICES COMMISSION Term of Office: 1 year
Martha Garcia (AD) ..........................................................................................................
Anna Mageno (VCS).........................................................................................................
Elsa Padilla (BO)...............................................................................................................
Claudia Quinones (PL) ......................................................................................................
Patricia Winiecki (IA) ....................................................................................................... 07/2022
07/2023
04/2020
02/2015
04/2020
07/2025
07/2025
07/2025
07/2025
07/2025
I, Heidi Luce, City Clerk of the City of Paramount, California, hereby certify that I caused this notice to be posted on the City of Paramount’s website and designated public posting places this 9th day of April 2024 /s/ Heidi Luce, City Clerk
[ ] CF 10.14 [ ] CF 27.LOC H:\CITYMANAGER\CITY CLERK\REORG\MADDYACT-APPTLISTS\MADDYPOS2023-07-2023.DOCX;7/4/2024 12:24 AM City of Paramount 16400 Colorado Avenue Paramount, CA 90723 (562) 220-2000 www.paramountcity.com To: Honorable City Council
From: John Moreno, City Manager
By: Heidi Luce, City Clerk
Date: July 9, 2024
SUBJECT: MAYOR’S APPOINTMENTS
BACKGROUND
Attached is the current list of Mayor’s appointments. Since the original appointments were made in July 2023, two ad hoc committees were added – Community Aesthetics and Landscaped Median Enhancements – and appointments were made to those ad hoc committees. Additionally, although not noted on the list, Eco-Rapid Transit was replaced by Gateway Cities COG Southeast Gateway Line Corridor Cities Committee; however, the delegate remained the same. The only appointment that has changed since the appointments were made is the Sanitation Districts of Los Angeles County Districts 1 and 2 which automatically changes to the current Mayor after the City Council reorganization.
DISCUSSION
At tonight’s meeting, the Mayor will make the 2024 Mayor’s appointments. Additionally, an appointment will be made to the newly formed Tri-City Public Safety Joint Powers Authority. The proposed appointments are shown in red on attached DRAFT 2024 Mayor’s Appointment list.
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
Review and confirm the 2024 Mayor’s appointments.
CF 11.4
C:\INETPUB\WWWROOT\MULTITENANT\TEMP\2023 MAYOR'S APPOINTMENTS.PDF;7/4/2024 12:24 AM MAYOR'S APPOINTMENTS: July 2023*
Agency Rep. & Alt. Rep. Meetings
California Contract Cities Association Rep Olmos
Alt: Cuellar
Stallings
Board of Directors
3rd Wednesday, 6:00 – 8:00 p.m.
California Joint Powers Insurance
Authority
Rep: Cuellar
Stallings
Alt: Aguayo
Alt: Vialpando
Board of Directors - July Meeting
(annual)
Dinner @ 5:30 p.m., Meeting @ 7:00
p.m.
(Staff: Vialpando)
Clean Power Alliance
(Form 700 + Ethics)
Rep: Cuellar
Stallings
Alt: Aguayo
Alt: Figueroa
1st Thursday @ 2:00 p.m.
(Staff: Figueroa)
Community Aesthetics Ad Hoc
Committee*
Delgadillo
Lemons
Created 2/13/24 – Meets on an as
needed basis
(Not a permanent Brown Act
committee)
County Sanitation Districts of L.A.
County
Districts 1 & 2 (Mayor)
(Form 700 + Ethics)
Rep: Aguayo
Alt: Delgadillo
2nd Wednesday @ 1:30 p.m. (Dist. 1 &
2)
4th Wednesday @ 1:30 p.m. (Dist. 2)
Eco-Rapid Transit
(Form 700)
Rep: Aguayo
Alt: Delgadillo
2 nd Wednesday of each month
Dinner @ 6:00 p.m., Meeting @ 6:30
p.m.
Gateway Cities COG
Board of Directors
(Form 700)
Rep: Cuellar
Stallings
Alt: Aguayo
1st Wednesday
Dinner @ 5:30 p.m., Meeting @ 6:00
p.m.
Gateway Cities COG
SR-91/I-605/I-405 Corridor Cities
Committee
Rep: Delgadillo
Alt: Cuellar
Stallings
4 th Wednesday @ 6:00 p.m. (as
needed)
(Staff: Figueroa/Pagett)
Greater Los Angeles County Vector
Control
(Form 700 + Ethics + Harass)
Rep: Aguayo
2-Yr. Term, Exp.
12/2024
(Appt. made 11/2022)
2nd Thursday @ 7:00 p.m.
Homelessness Ad Hoc Committee Lemons
Olmos
Created 4/7/21 – Meets on an as
needed basis
(Not a permanent Brown Act
committee)
Landscaped Median Enhancement
Ad Hoc Committee*
Lemons
Cuellar Stallings
Created 10/10/23 – Meets on an as
needed basis (Not a permanent Brown
Act committee)
League of California Cities
(Los Angeles County)
Rep: Olmos
Alt: Cuellar
Stallings
General Membership Meeting
(Jan., Mar., June, Aug., Oct.)
L.A. County City Selection Committee
(Mayor)
Rep: Aguayo Meets on an as-needed basis
CF 11.4
C:\INETPUB\WWWROOT\MULTITENANT\TEMP\2023 MAYOR'S APPOINTMENTS.PDF;7/4/2024 12:24 AM MAYOR'S APPOINTMENTS: July 2023*
Agency Rep. & Alt. Rep. Meetings
Paramount Historical Society Rep: Cuellar
Stallings
2 nd Monday @ 6:30 p.m.
Paramount Unified School District
Liaisons
(PUSD/City Ad Hoc Committee)
Rep: Aguayo
Rep: Cuellar
Stallings
1 st Thursday @ 4:00 p.m.
Sister City Committee Rep: Aguayo Annually in Jan. & Aug.
Southeast Area Animal Control
Authority (SEAACA)
(Form 700 + Harrass)
Rep: Lemons
Alt: Cuellar
Stallings
3rd Thursday @ 2:00 p.m.
Southeast Los Angeles County
Workforce Development Board
(SELACO) Policy Board
(Form 700)
Rep: Olmos
Alt: Lemons
3rd Tuesday @ 12:00 p.m.(Bi-monthly)
(Feb., April, June, Aug., Oct., Dec.)
(Staff: Johnson)
Southeast Water Coalition
(Form 700 + Ethics + Harass)
Rep: Aguayo
Alt: Delgadillo
1st Thursday (Bi-*)
(Feb., April, June, Aug., Oct., Dec.)
Dinner @ 6:00 p.m., Meeting @ 6:30
p.m.
(Staff: Figueroa)
So. Calif. Assoc. of Governments
(SCAG)
General Assembly
(Form 700)
Rep: Delgadillo
Alt: Aguayo
Annually in April OR May
*Revised to add ad hoc committees on Community Aesthetics (2/13/24) and Landscaped Median Enhancements (10/10/23) CF 11.4
C:\INETPUB\WWWROOT\MULTITENANT\TEMP\PROPOSED 2024 MAYOR'S APPOINTMENTS.PDF;7/4/2024 12:24 AM MAYOR'S APPOINTMENTS: DRAFT July 2024
Agency Rep. & Alt. Rep. Meetings
California Contract Cities Association Rep Olmos
Alt: Cuellar
Stallings
Board of Directors
3rd Wednesday, 6:00 – 8:00 p.m.
California Joint Powers Insurance
Authority
Rep: Cuellar
Stallings
Alt: Aguayo
Alt: Asst. City
Mgr.
Board of Directors - July Meeting
(annual)
Dinner @ 5:30 p.m., Meeting @ 7:00
p.m.
(Staff: Assistant City Manager)
Clean Power Alliance
(Form 700 + Ethics)
Rep: Cuellar
Stallings
Alt: Aguayo
Alt: Figueroa
1st Thursday @ 2:00 p.m.
(Staff: Figueroa)
Community Aesthetics Ad Hoc
Committee
Delgadillo
Lemons
Created 2/13/24 – Meets on an as
needed basis
(Not a permanent Brown Act
committee)
County Sanitation Districts of L.A.
County
Districts 1 & 2 (Mayor)
(Form 700 + Ethics)
Rep: Delgadillo
Alt: Aguayo
2nd Wednesday @ 1:30 p.m. (Dist. 1 &
2)
4th Wednesday @ 1:30 p.m. (Dist. 2)
Gateway Cities COG
Board of Directors
(Form 700)
Rep: Cuellar
Stallings
Alt: Aguayo
1st Wednesday
Dinner @ 5:30 p.m., Meeting @ 6:00
p.m.
Gateway Cities COG
SR-91/I-605/I-405 Corridor Cities
Committee
Rep: Delgadillo
Alt: Cuellar
Stallings
4 th Wednesday @ 6:00 p.m. (as
needed)
(Staff: Figueroa/Pagett)
Gateway Cities COG
Southeast Gateway Line Corridor
Cities Committee
Rep: Aguayo
Alt: Delgadillo
TBD
Greater Los Angeles County Vector
Control
(Form 700 + Ethics + Harass)
Rep: Aguayo
2-Yr. Term, Exp.
12/2024
(Appt. made 11/2022)
2nd Thursday @ 7:00 p.m.
Homelessness Ad Hoc Committee Lemons
Olmos
Created 4/7/21 – Meets on an as
needed basis
(Not a permanent Brown Act
committee)
Landscaped Median Enhancement
Ad Hoc Committee
Lemons
Cuellar Stallings
Created 10/10/23 – Meets on an as
needed basis (Not a permanent Brown
Act committee)
League of California Cities
(Los Angeles County)
Rep: Olmos
Alt: Cuellar
Stallings
General Membership Meeting
(Jan., Mar., June, Aug., Oct.)
L.A. County City Selection Committee
(Mayor)
Rep: Delgadillo Meets on an as-needed basis
CF 11.4
C:\INETPUB\WWWROOT\MULTITENANT\TEMP\PROPOSED 2024 MAYOR'S APPOINTMENTS.PDF;7/4/2024 12:24 AM MAYOR'S APPOINTMENTS: DRAFT July 2024
Agency Rep. & Alt. Rep. Meetings
Paramount Historical Society Rep: Cuellar
Stallings
2 nd Monday @ 6:30 p.m.
Paramount Unified School District
Liaisons
(Ciyt/PUSD Ad Hoc Committee)
Rep: Aguayo
Rep: Cuellar
Stallings
1 st Thursday @ 4:00 p.m.
Sister City Committee Rep: Aguayo Annually in Jan. & Aug.
Southeast Area Animal Control
Authority (SEAACA)
(Form 700 + Harrass)
Rep: Lemons
Alt: Cuellar
Stallings
3rd Thursday @ 2:00 p.m.
Southeast Los Angeles County
Workforce Development Board
(SELACO) Policy Board
(Form 700)
Rep: Olmos
Alt: Lemons
3rd Tuesday @ 12:00 p.m.(Bi-monthly)
(Feb., April, June, Aug., Oct., Dec.)
(Staff: Johnson)
Southeast Water Coalition
(Form 700 + Ethics + Harass)
Rep: Aguayo
Alt: Delgadillo
1st Thursday (Bi-monthly)
(Feb., April, June, Aug., Oct., Dec.)
Dinner @ 6:00 p.m., Meeting @ 6:30
p.m.
(Staff: Figueroa)
So. Calif. Assoc. of Governments
(SCAG)
General Assembly
(Form 700)
Rep: Delgadillo
Alt: Aguayo
Annually in April OR May
Tri-City Public Safety Joint Powers
Authority
Rep. Lemons TBD
To: Honorable City Council
From: John Moreno, City Manager
By: John Carver, Planning Director
Date: July 9, 2024
SUBJECT: UPDATE ON AIR MONITORING PROGRAM
This item is an oral report from our air monitoring consultant, Trinity Consulting, on the City’s efforts to monitor hexavalent chromium at various locations in the City. The City Council awarded the contract to Trinity Consulting in September 2021. Air monitors are located at the following locations:
1. City Hall
2. Vermont Avenue, south of Harrison Street
3. Madison Street and Minnesota Avenue
4. Wesley Gaines Elementary School
5. Lincoln Elementary School
6. Garfield Avenue at Jackson Street
Tonight’s presentation will provide the City Council with an overview of hexavalent chromium monitoring at these sites.
To: Honorable City Council
From: John Moreno, City Manager
By: Kim Sao, Finance Director
Date: July 9, 2024
SUBJECT: REGISTER OF DEMANDS – JUNE 2024 (SUCCESSOR AGENCY)
BACKGROUND
The register of demands is submitted to the Successor Agency as necessary when demands are submitted for payment.
DISCUSSION
The Successor Agency register of demands is attached for approval by the Successor Agency.
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
Approve the Successor Agency Register of Demands for June 2024.
Check Number Vendor Name Amount Description
CITY OF PARAMOUNT
FINAL CHECK REGISTER
June 30, 2024
Redevelopment Pre-issue Checks
670061 BANK OF NEW YORK MELLON TRUST 2,098.80 SA - 2010A BONDS ADMIN (6/24 - 5/25) Vendor Tota 2,098.80
A total of 1 checks were issued for $2,098.80