WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base monthly salary for this position is $15,899.85 and the hourly equivalent is $91.73; the minimum base monthly salary for this position is $13,080.85 and the hourly equivalent is $75.46; and
WHEREAS, the hourly rate paid to Paul Espinoza will be $91.00; and WHEREAS, Paul Espinoza has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. The Paramount City Council hereby certifies the nature of the employment of Paul Espinoza as described herein and detailed in the attached employment agreement / contract / appointment document and that this appointment is necessary to fill the critically needed position of Interim Finance Director for the City of Paramount by February 26, 2025 because the Finance Director position will be vacant as of February 28, 2025. Recruitment for a permanent Finance Director is underway with applications due to the City by March 13, 2025. Assuming a successful recruitment and hiring, a permanent Director could begin as early as May 2025. In the interim, to ensure continuity in leadership in the Department.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 25th day of February 2025.
Annette C. Delgadillo, Mayor
ATTEST:
Heidi Luce, City Clerk
65276.00001\42824181.3 1
CITY OF PARAMOUNT
INTERIM APPOINTMENT
AGREEMENT FOR INTERIM FINANCE
DIRECTOR
This At-Will Employment Agreement ("Agreement") is entered into effective, February 26, 2025, by and between the City of Paramount, a municipal corporation, hereafter referred to as the "City" and Paul Espinoza, CPA hereafter referred to as "INTERIM APPOINTEE."
WHEREAS, the City has commenced recruitment to fill the vacancy in the position of Finance Director. During the recruitment period the City has a vital need for a Finance Director to allow for organizational and operational continuity and to prevent the stoppage of public business until a permanent replacement can be appointed; and
WHEREAS, INTERIM APPOINTEE is a retired annuitant who has been retired from public service for more than 180 days and who has served in executive management roles, including as the Finance Director in San Bernardino, Alhambra, Westminster, Lawndale and the Interim Finance Director in Aliso Viejo, Hemet, and Laguna Beach, and has exceptional skills which make him qualified as an Interim Finance Director, on a temporary basis while the City recruits for a permanent replacement to fill this vacancy; and
WHEREAS, the City Council wishes to appoint a CalPERS annuitant, INTERIM APPOINTEE, to the position of Finance Director on an interim basis, pursuant to Government Code Section 21221(h) and a written CalPERS Annuitant Employment Agreement; and
WHEREAS, Government Code section 21221(h) limits the number of hours a retired annuitant may work to 960 hours in a fiscal year; and WHEREAS, INTERIM APPOINTEE has certified that he has not received unemployment insurance compensation within the 12-month period prior to his appointment.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants hereinafter contained, the City and the INTERIM APPOINTEE agree as follows:
SECTION 1. EMPLOYMENT CONDITIONS AND DUTIES
A. In accordance with Resolution No 25:006, INTERIM APPOINTEE has been appointed by the City Council, and shall serve at the pleasure of the City Manager, in a temporary capacity as the Interim Finance Director during the City's recruitment for the Finance Director position.
65276.00001\42824181.3 2
B. INTERIM APPOINTEE acknowledges that this temporary position is an "at-will" position and that INTERIM APPOINTEE has no property interest in or expectation of continued employment or any due process right to a hearing before or after a decision by the City Council to terminate this position. Further, INTERIM APPOINTEE acknowledges that this Agreement and his temporary position is not a guarantee of continued employment.
SECTION 2. EMPLOYMENT TERM
A. The City agrees to employ INTERIM APPOINTEE as "Interim Finance Director." The term of this Agreement shall be effective as of February 26, 2025, and shall be a single appointment ending on the soonest of: 1) date of July 30, 2025; or 2) appointment of a permanent Finance Director; or 3) until appointee works his 960th hour for a CalPERS agency during FY 2024-25 or FY 2025-26; or upon termination of the Agreement by either City or INTERIM APPOINTEE in accordance with Section 5.
B. During the term of this Agreement, INTERIM APPOINTEE shall not serve other entities in other jurisdictions which would interfere with, or be incompatible or in conflict with the INTERIM APPOINTEE'S performance of the duties required under this agreement. The determination of incompatibility will be made by the City Council in their sole discretion and shall be final.
SECTION 3. COMPENSATION
A. The City shall pay INTERIM APPOINTEE for all services rendered and worked pursuant to this agreement at an hourly rate of $91.00 per hour, which is less than the annual salary of the Finance Director position, divided by twelve months and divided again by 173.333, as required by Government Code Section 21221(h).
INTERIM APPOINTEE'S compensation will be paid in conformance with the City's established pay periods and pay days.
B. INTERIM APPOINTEE shall not receive nor be entitled to any benefits, incentives, or compensation in lieu of benefits under this agreement, including, but not limited to, medical, dental, vision, deferred compensation, holiday, vacation pay, management or administrative leave, sick leave, PERS contributions, severance, auto allowance, or any other incentives or benefits provided by City to permanent full or part time employees.
C. INTERIM APPOINTEE is a CalPERS retired annuitant and as such will be required to comply with CalPERS regulations limiting annuitant's post retirement employment. In addition, pursuant to Government Code section 21221(h), INTERIM APPOINTEE is filling a vacant position. INTERIM APPOINTEE has specialized skills needed to perform the work under this agreement. INTERIM APPOINTEE desires that he not be reinstated from retirement and that he provides the aforementioned services without interruption of retirement benefits. This employment is intended by City and INTERIM APPOINTEE to take advantage of, and be in compliance with Government Code sections 7522.56 and 21221(h). 65276.00001\42824181.3 3
D. The City shall reimburse INTERIM APPOINTEE for his direct, reasonable and necessary expenses incurred in the performance of his duties and in compliance with City policies. Reimbursements are not compensation and shall not be reported to CalPERS
SECTION 4. WORK HOURS
The INTERIM APPOINTEE shall coordinate the work schedule based upon the needs of the City. INTERIM APPOINTEE'S work schedule will be as established by the City Manager and can be expected to exceed 40 hours per week, but not exceeding 960 hours in a fiscal year per Government Code section 21221(h), due to required attendance at City Council and other meetings.
SECTION 5. EMPLOYMENT TERMINATION
This Agreement may be terminated with or without cause at any time upon thirty (30) days advance written notice given by INTERIM APPOINTEE to City or immediately upon notice by the City Manager to INTERIM APPOINTEE. No compensation or severance payment of any kind shall be payable upon termination of this Agreement, other than any compensation due and owing under this Agreement through the last effective date of employment. The Parties understand and agree that the temporary employment relationship created by this Agreement is “at-will” and that the Retiree shall serve at the will and pleasure of the City Manager, and may be terminated at any time, without notice and with or without cause. Nothing in this Agreement, any statute, ordinance or rule shall prevent, limit or otherwise interfere with the right of the City Manager to terminate, without cause or right of appeal or grievance, the services of the INTERIM APPOINTEE at any time and without notice.
Notice of termination may be delivered personally or by mail. INTERIM APPOINTEE has no property interest in his position and understands that this is a temporary position of limited duration.
SECTION 6. NOTICES
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose, by deposit in the custody of the United States Postal Service, postage pre- paid, addressed as follows:
CITY: City of Paramount
16400 Colorado Boulevard
Paramount, CA 90723
ATTN: City Manager
RETIREE: Paul Espinoza, CPA
ADDRESS ON FILE
Alternatively, notices required pursuant to this Agreement may be personally served in the manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service. 65276.00001\42824181.3 4
SECTION 7. INDEMNIFICATION
City will defend and indemnify INTERIM APPOINTEE, using legal counsel selected by City or its insurers, against liability for acts or omissions by INTERIM APPOINTEE occurring in the course and scope of employment under this Agreement, in accordance with Government Code sections 825, 995, and 995.2 through 995.8. In the event of a legal conflict as determined by City or its insurer which necessitates independent counsel, City or its insurer shall select and pay the reasonable fees of such counsel.
SECTION 8. MISCELLANEOUS
A. This Agreement supersedes any and all other agreements between the parties hereto with respect to the employment of the INTERIM APPOINTEE by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducement, promise, or agreements have been made by any party or anyone acting on behalf of any party orally or otherwise which are not embodied herein.
B. No other agreement, statement or promise not contained in this Agreement shall be valid or binding or shall be used in interpreting the meaning of this Agreement.
C. Amendments, modifications or changes may be made to this Agreement and shall become effective on the date contained therein when executed in writing and mutually signed by both parties to this Agreement.
D. This Agreement and any amendments, modifications or changes thereto shall be binding upon the City during its term.
E. This Agreement and any amendments, modifications or changes thereto shall be binding upon the INTERIM APPOINTEE and inure to the benefit of the heirs at law and executors of the INTERIM APPOINTEE.
F. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County.
G. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
65276.00001\42824181.3 5
H. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. Parties may sign with the use of electronic signature.
I. Except as otherwise provided in the Agreement, INTERIM APPOINTEE shall comply with all rules and regulations of the City, including the City's Personnel Rules and Regulations.
J. INTERIM APPOINTEE shall not engage in any activity which is or may become a conflict of interest, a prohibited contract or which may create incompatibility of office as defined under California law.
SECTION 9. SEVERABILITY
If any provision or any portion hereof is held to be unconstitutional invalid or unenforceable, the remainder to this Agreement or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, City and INTERIM APPOINTEE execute this Agreement on the 26th day of February 2025.
CITY OF PARAMOUNT PAUL ESPINOZA, CPA
an individual
__________________________ __________________________
John Moreno, City Manager
ATTEST:
__________________________
Heidi Luce, City Clerk
APPROVED AS TO FORM:
__________________________
Nicholas R. Ghirelli, City Attorney
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: February 25, 2025
SUBJECT: AMENDMENT NO. 1 TO AGREEMENT WITH STUDIO ONE ELEVEN FOR
PROFESSIONAL DESIGN SERVICES FOR THE CIVIC CENTER
FOUNTAIN PROJECT (CITY PROJECT NO. 9276)
BACKGROUND
Studio One Eleven was initially hired in 2023 to provide professional design services to refresh the appearance and aesthetics of the Civic Center Fountain area. Most recently, the City Council approved the award of contract to construct the Civic Center Fountain area at its February 11, 2025 meeting. Once the contract was awarded, staff discovered other design improvements that were not part of the original scope of the project. This is a request for funding to provide additional design work and construction management support for the project.
DISCUSSION
Staff requested a proposal from Studio One Eleven for design services related to the additional scope of work and for review of construction related submittals as the project moves through the construction phase. As the design architect for this project, an amendment to their contract is needed to provide these support services.
FISCAL IMPACT
Funds were budgeted in the Fiscal Year 2024-25 Capital Improvement Program budget for Civic Center Fountain Upgrade (City Project No. 9276). However, an appropriation in the amount of $33,500 from the Capital Project Fund is needed to cover this expense.
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.
Agenda Report February 25, 2025
AMENDMENT NO. 1 STUDIO ONE ELEVEN (CITY PROJECT NO. 9276) Page 2
RECOMMENDED ACTION
1) Appropriate $33,500 from the Capital Project Fund; and 2) Approve Amendment No. 1 to the agreement with Studio One Eleven for an additional $33,500 for a revised not-toexceed total amount of $73,478 for additional professional design services related to the Civic Center Fountain project, and authorize the City Manager, or designee, to execute the Amendment.
-1-
FIRST AMENDMENT TO THE SERVICE AGREEMENT WITH STUDIO ONE ELEVEN FOR
PROFESSIONAL DESIGN SERVICES
THIS F I R S T AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES RELATED TO CIVIC CENTER FOUNTAIN (CITY PROJECT NO. 9276) (“AMENDMENT”) is made and entered into this 25th day of February 2025 between the City of Paramount, a municipal corporation in Los Angeles County, California, (hereinafter "CITY") and Studio One Eleven, a licensed California firm, with its primary office located at 345 East Third Street, Long Beach, California, 90802 (hereinafter "CONTRACTOR") (collectively, "the Parties"), and amends that certain agreement between CONTRACTOR and CITY approved by the City Council on June 14, 2023 (“AGREEMENT”).
RECITALS
WHEREAS, CITY and CONTRACTOR entered into an Agreement on June 14, 2023, whereby CONTRACTOR would provide professional design services for CITY; and WHEREAS, CITY and CONTRACTOR now each desire to amend the scope of services, compensation, and term of said Agreement as outlined in Exhibit “C”, attached and incorporated.
NOW, THEREFORE, BE IT AMENDED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Section B. TERMS is hereby amended to provide that the term of this AGREEMENT shall expire on December 31, 2025.
2. Section D. COMPENSATION is amended to read as following: During the term of this AGREEMENT, the CITY shall compensate the CONTRACTOR for the additional services described as detailed in Exhibits “B” and “C”. 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. The CITY is the sole authority regarding change orders and the CONTRACTOR shall not change, alter, or delete, in any manner, any portion of these specifications of the CITY. -2-
Section 3. All other terms and conditions of the Agreement shall remain the same.
IN WITNESS HEREOF, the CITY and CONTRACTOR have executed this FIRST AMENDMENT to the AGREEMENT as of the date first herein above set forth.
CITY OF PARAMOUNT STUDIO ONE ELEVEN
By: By:
John Moreno, City Manager Kirk Killer, Principal
ATTEST:
By:
Heidi Luce, City Clerk
APPROVED AS TO FORM:
By:
Nicholas R. Ghirelli, City Attorney
EXHIBIT “B”
EXHIBIT “C”
EXHIBIT “C” (cont)
EXHIBIT “C”(cont)
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: February 25, 2025
SUBJECT: GATEWAY CITIES REGIONAL FIBER NETWORK PROJECT UPDATE Hector De La Torre, Executive Director with the Gateway Cities Council of Governments will present information on the Gateway Cities Regional Fiber Network Project.
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: February 25, 2025
SUBJECT: CITY HALL PARKING LOT (CITY PROJECT NO. 9387) – APPROVAL
OF PLANS AND SPECIFICATIONS, AWARD OF CONTRACT, AND
FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO THE CLASS 11
CATEGORICAL EXEMPTION
BACKGROUND
Paramount City Hall is the City’s main government facility that houses four of the City’s seven departments. The City Hall parking lot not only provides parking to City employees and visitors conducting civic business, but it is jointly shared with other businesses within the vicinity. Given its prime location in the downtown area, this location is also a convenient visitor parking area during city events, such as the Heritage Festival and annual Tree Lighting ceremony. The City is also anticipating increased parking demand given future developments in the downtown area.
Recognizing the current and anticipated future use parking demands, the City will need to increase the parking lot capacity. Reconfiguring the parking lot space will also require modifications to the irrigation system, lighting installation, adjustments to the electrical system, along with new signage, striping and landscaping.
DISCUSSION
On Thursday, December 19, 2024, the City published the Request for Proposals in the Paramount Journal and on the City’s website.
On Tuesday, February 4, 2025, the Director of Public Works opened and examined the bids for the City Hall Parking Lot project. The bids were opened at 10:00 AM at the City Hall Chambers.
Eleven (11) bids were received and analyzed for completeness of the required documentation, licensing, Department of Industrial Relations registrations, and other requirements. Upon review of the bids, staff identified minor irregularities, including calculation errors with the bid amounts. Taking into consideration the corrected math calculation, the apparent low, responsible and responsive bidder was deemed to be ARC Construction, Inc. in the amount of $930,873.16.
Agenda Report February 25, 2025
CITY HALL PARKING LOT (CITY PROJECT NO. 9387) Page 2
Cost
The following is a breakdown of the estimated construction costs:
Project: $ 930,873.16
Contingency (10%): $ 93,087.32
Total: $1,023,960.48
Plans and Specifications
The plans and specifications for this project are on file in the City Clerk’s office at City Hall, 16400 Colorado Avenue, Paramount, CA 90723. Approval of the plans and specifications for design criteria is in adherence to Government Code requirements and confirms that the plans have been prepared in conformance with applicable standards.
California Environmental Quality Act (CEQA) Analysis
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to the Class 11 Categorical Exemption as it involves the construction of a small parking lot.
FISCAL IMPACT
Funding for this project was included in the Fiscal Year 2024-25 Capital Improvement Project Budget as City Project No. 9387 (City Hall Parking Lot), utilizing General Capital Project Funds and Community Benefit Agreement Funds. There is no fiscal impact as the awarded contract is within budget.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 5: Attractive and WellMaintained Infrastructure - Develop and maintain City-owned infrastructure, parks, facilities, and amenities that enhance quality of life and the attractiveness of the community.
RECOMMENDED ACTION
1) Approve the plans and specifications as detailed in the bid documents, with respect to design criteria; 2) Find the project exempt from CEQA; and 3) Award the contract for the City Hall Parking Lot project to ARC Construction, Inc., La Crescenta, California in the amount of $930,873.16, and authorize the Mayor or her designee to execute the agreement.
UNIT PRICE AMOUNT
1 CLEARING GRUBBING AND REMOVAL 1 LS $118,720.00 $118,720.00 2 CONSTRUCT 3" AC OVER 4" CAB OVER 1'
95% RELATIVE COMPACTED NATIVE 17,300 SF $7.00 $121,100.00 3 CONSTRUCT CURB AND GUTTER TYPE A2-6
PER SPPWC STD. NO. 120-3 550 LF $142.50 $78,375.00
4 CONSTRUCT CURB TYPE A1-6 PER SPPWC
STD. NO. 120-3 325 LF $74.10 $24,082.50
5 CONSTRUCT CURB RAMP PER SPPWC STD
No 111-5, CASE AND TYPE PER PLAN 4 EA $6,270.00 $25,080.00 6 CONSTRUCT CURB RAMP PER SPPWC STD
No 111-5 AND PER DETAIL E 1 EA $9,120.00 $9,120.00
7 CONSTRUCT PCC SIDEWALK PER SPPWC
STD No 113-2 2,675 SF $28.50 $76,237.50
8 CONSTRUCT MODIFIED PARKWAY DRAIN
PER SPPWC STD PLAN 151-3 'S'=PER
PLANS. MODIFICATION:FLOW LINE OF
PARKWAY DRAIN SHALL BE FLUSH WITH
FLOW LINE. ELEVATION AT 'N' AND 'P'
SHALL BE 7". NO TRANSITION LENGTH
NEEDED 2 EA $9,120.00 $18,240.00
9 FURNISH AND INSTALL 12" HDPE PIPE 184 LF $339.00 $62,376.00 10 FURNISH AND INSTALL R-TANK SYSTEM OR
APPROVED EQUAL PER DETAILS ON
SHEETS 9 THRU 13 1 EA $55,776.00 $55,776.00
11 CONSTRUCT CATCH BASIN PER SPPWC
STD PLAN 300-4, W=3.5' 2 EA $9,120.00 $18,240.00
12 INSFURNISH AND INSTALL DETECTABLE
WARNING SURFACE PER ARMOR-TILE
TACTILE SYSTEM OR APPROVED EQUAL 20 SF $285.00 $5,700.00 13 CONSTRUCT RIBBON GUTTER PER DETAIL
F ON SHEET 4 35 SF $74.10 $2,593.50
14 CONSTRUCT TRASH ENCLOSURE PER
DETAIL SHEET 14 1 EA $66,600.00 $66,600.00
15 REMOVE CONFLICTING UTILITIES PER
DEMO PLAN, COMPLETE IN PLACE. 1 LS $6,270.00 $6,270.00
16 INSTALL SIGNING AND STRIPING
COMPLETE PER PLAN. 1 LS $14,820.00 $14,820.00
17 INSTALL WHEEL STOPS COMPLETE PER
PLAN. 4 EA $199.50 $798.00
18 INSTALL DECORATIVE LIGHT POLE WITH
SINGLE ARM LED LUMINAIRE ON NEW
FOUNDATION COMPLETE PER LIGHTING
PLANS. 1 EA $14,915.76 $14,915.76
19 INSTALL DECORATIVE LIGHT POLE WITH
DUAL ARM LED LUMINAIRE ON NEW
FOUNDATION COMPLETE PER LIGHTING
PLANS. 3 EA $22,023.66 $66,070.98
20 RELOCATE EXISTING LIGHT POLE ON NEW
FOUNDATION COMPLETE PER LIGHTING
PLAN. 1 EA $3,146.40 $3,146.40
21 INSTALL #5 PULL BOX PER LIGHTING
PLANS. 5 EA $2,850.00 $14,250.00
22 INSTALL 1-INCH PVC SCHEDULE 80
CONDUIT WITH CONDUCTORS PER
LIGHTING PLANS. 500 LF $45.60 $22,800.00
CITY OF PARAMOUNT
BID ANALYSIS FOR
CITY HALL PARKING LOT
BID SUMMARY
ITEM DESCRIPTION QTY. UNIT ARC CONSTRUCTION, INC.
Bid Summary Page 1
UNIT PRICE AMOUNT
CITY OF PARAMOUNT
BID ANALYSIS FOR
CITY HALL PARKING LOT
BID SUMMARY
ITEM DESCRIPTION QTY. UNIT ARC CONSTRUCTION, INC.
23 REMOVE EXISTING PULL BOX COMPLETE
AND SPLICE NEW/REROUTE EXISTING
CONDUCTORS AND CONDUIT TO MAINTAIN
ALL OPERATIONS PER LIGHTING PLANS. 1 LS $7,510.32 $7,510.32 24 PERFORM SOIL PREPARATION. 3,300 SF $2.85 $9,405.00
25 FURNISH AND INSTALL 24-INCH BOX TREE
WITH ROOT CONTROL BARRIER. 10 EA $1,412.50 $14,125.00
26 FURNISH AND INSTALL 5-GALLON SHRUBS. 103 EA $62.70 $6,458.10 27 FURNISH AND INSTALL 1-GALLON SHRUBS. 480 EA $24.42 $11,721.60 28 FURNISH AND INSTALL 3-INCH THICK
SHREDDED WOOD MULCH AS TOP DRESS. 32 CY $136.80 $4,377.60 29 FURNISH AND INSTALL WYE STRAINER
ASSEMBLY COMPLETE PER PLAN
INCLUDING VALVE BOX. 1 EA $541.50 $541.50
30 FURNISH AND INSTALL MASTER VALVE
ASSEMBLY COMPLETE PER PLAN
INCLUDING VALVE BOX AND CONTROL
WIRES. 1 EA $1,185.60 $1,185.60
31 FURNISH AND INSTALL FLOW SENSOR
ASSEMBLY COMPLETE INCLUDING VALVE
BOX AND CONTROL WIRES. 1 EA $1,983.60 $1,983.60
32 FURNISH AND INSTALL LINE SIZE GATE
VALVE ASSEMBLY COMPLETE INCLUDING
VALVE BOX. 2 EA $855.00 $1,710.00
33 FURNISH AND INSTALL CONTROL WIRE
PULL BOX. 2 EA $267.90 $535.80
34 FURNISH AND INSTALL SCHEDULE 40 PVC
CONTROL WIRE CONDUIT, SIZE PER PLAN. 100 LF $5.13 $513.00 35 FURNISH AND INSTALL 3-INCH SCHEDULE
40 PVC SLEEVE. 100 LF $16.53 $1,653.00
36 FURNISH AND INSTALL 1-1/2-INCH
SCHEDULE 40 PVC SLEEVE. 320 LF $11.97 $3,830.40
37 FURNISH AND INSTALL 1-1/2-INCH
SCHEDULE 40 PVC MAINLINE. 200 LF $33.63 $6,726.00
38 FURNISH AND INSTALL QUICK COUPLER
VALVE ASSEMBLY COMPLETE INCLUDING
VALVE BOX. 2 EA $541.50 $1,083.00
39 FURNISH AND INSTALL 1-INCH REMOTE
CONTROL VALVE COMPLETE INCLUDING
VALVE BOX AND CONTROL WIRES TO
CONTROLLER. 1 EA $1,482.00 $1,482.00
40 FURNISH AND INSTALL 1-INCH REMOTE
CONTROL DRIP ZONE COMPLETE
INCLUDING VALVE BOX AND CONTROL
WIRES TO CONTROLLER. 2 EA $1,567.50 $3,135.00
41 FURNISH AND INSTALL ROOT ZONE
WATERING SYSTEM COMPLETE INCLUDING
SERVING LATERAL LINES. 20 EA $182.25 $3,645.00
42 FURNISH AND INSTALL SUBTERANEAN
DRIP IRRIGATION SYSTEM COMPLETE PER
PLAN INCLUDING SERVING LATERAL LINES. 3,300 SF $6.84 $22,572.00 Bid Summary Page 2
UNIT PRICE AMOUNT
CITY OF PARAMOUNT
BID ANALYSIS FOR
CITY HALL PARKING LOT
BID SUMMARY
ITEM DESCRIPTION QTY. UNIT ARC CONSTRUCTION, INC.
43 PERFORM 90-CALENDAR DAYS
LANDSCAPE MAINTENANCE PERIOD. 1 LS $1,368.00 $1,368.00
$930,873.16
BA25-03_112228
TOTALS
Bid Summary Page 3
Bid Date/Time:
Project/CIP:
Company Name Amount
1 Asphalt Fabric & Engineering, Inc. $ 1,427,939.00
2 Pub Construction, Inc. $ 1,770,638.38
3 Green Giant L.C, Inc. $ 1,092,255.00
4 Deark E&C, Inc. $ 1,157,219.00
5 H2M Construction, Inc. $ 1,143,000.00
6 ARC Construction, Inc. $ 930,933.16
7 Horizons Construction Co., INT'L Inc. $ 1,047,491.00
8 Palp, Inc. DBA Excel Paving $ 1,168,408.00
9 DOJA, Inc. $ 1,146,650.00
10 Cosine Construction LLC $ 1,468,395.00
11 SPEC Construction Co., Inc. $ 1,191,605.00
12 $
13 $
14 $
15 $
16 $
17 $
18 $
19 $
20 $
115 West Main St., Ontario, CA
91762
3624 Foothill Blvd., #2, La Crescenta,
CA 91214
432 W. Meats Ave., Orange, CA
92865
2230 Lemon Ave., Long Beach, CA
90806
5050 W. Mission Blvd., Ontario, CA
91762
16255 Oregon Ave., Bellflower, CA
90706
2683 Lim Ave., Signal Hill, CA 90755
23545 Palomino Dr. #104, Diamond
Bar, CA 91765
941-A Macy St., La Habra, CA 90631
1335 W. Valencia Dr., Ste. P,
Fullerton, CA 92833
8250 Via Carrillo, Rancho
Cucamonga, CA 91730
CITY OF PARAMOUNT
Bid Opening Results
Address
02/04/25 @ 10AM
CITY HALL PARKING LOT - CIP 9387
D-1
CITY OF PARAMOUNT
CONTRACT AGREEMENT
FOR
CITY HALL PARKING LOT
IN THE CITY OF PARAMOUNT
PROJECT NO. 9387
This contract agreement is made and entered into for the above-stated project this day of , 20 , by and between the City of Paramount, as
AGENCY and , as Contractor.
WITNESSETH that AGENCY and Contractor have mutually agreed as follows:
ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this contract agreement and all required bonds, insurance certificates, permits, notices, and affidavits and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner.
All of the provisions of said Contract Documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, Contractor agrees to furnish all materials and perform all work required for the above-stated project and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the 25th
February 25
ARC Construction, Inc.
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prosecution of the work, suspension, or discontinuance of the work and all other unknowns or risks of any description connected with the work.
ARTICLE IV
AGENCY hereby promises and agrees to employ and does hereby employ, Contractor to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the contract documents.
ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.
ARTICLE VI
Contractor agrees to indemnify and hold harmless AGENCY and all of its officers and agents from any claims, demands, or causes of action including related expenses, attorney’s fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. In the event the insurance coverage is on a claims made basis the Contractor shall indemnify and hold harmless the AGENCY and all of its officers and agents from any and all claims, demands, or causes of action that arise after the expiration of the Contractor’s current policy or after the service contract has ended, for any occurrences arising out of or any way related to the work undertaken by the Contractor. The liability insurance coverage values shall be:
Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $1,500,000
Product/Completion Operations $1,500,000
Contractual General Liability $1,500,000
Comprehensive Automobile Liability $1,500,000
A combined single-limit policy with aggregate limits in the amount of $3,000,000 will be considered equivalent to the required minimum limits. The issuer shall be an “admitted surety insurer” duly authorized to transact business under the laws of the State of California.
Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the AGENCY.
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Insurance shall name the City of Paramount, its officers, agents, and employees as additional insured by endorsement of the Contractor’s policy. A copy of the endorsement, showing policy limits, shall be provided to the AGENCY on or before signing this contract.
ARTICLE VII
Contractor affirms that the signatures, titles, and seals set forth hereinafter the execution of this contract agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.
ARTICLE VIII
Blank
ARTICLE IX
Records and Audits. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the AGENCY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the AGENCY or any authorized representative and will be retained for 5 years after the expiration of this Contract unless permission to destroy them is granted by the AGENCY.
ARTICLE X
False Claims and Debarment Procedures. The AGENCY hereby gives notice to Contractor that Chapter 34 of the Paramount Municipal Code dealing with false claims of contractors provides for an administrative debarment action for submitting a false claim subjecting Contractor to a potential five (5) year debarment upon finding that Contractor knowingly submitted a false claim as further set forth in Chapter 34. Failure to abide by the provisions of Chapter 34 may lead to a disqualification of the Contractor as an irresponsible bidder and resultant prohibition of Contractor, from bidding as a Contractor, Subcontractor or Consultant for a period up to five (5) years in the City of Paramount.
D-4
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this ________ day of __________________, 20___.
Contractor:
(Signature)
Name and Title (Printed)
Contractor’s License No.
Agency Business License No.
Federal Tax Identification No.
Note: Contractor signature must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.
AGENCY:
Mayor of the City of Paramount
Attested:
City Clerk of the City of Paramount
Date
Approved
as to form:
City Attorney of the City of Paramount
Date
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FAITHFUL PERFORMANCE BOND
FOR
CITY HALL PARKING LOT
IN THE CITY OF PARAMOUNT
PROJECT NO. 9387
KNOW ALL MEN BY THESE PRESENTS that as
CONTRACTOR and ,
a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Paramount, as AGENCY, in the penal sum of
Dollars ($ ), which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Bidder and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
BIDDER: Name:
Address:
By:
(Signature)
Type Name and Title
SURETY: Name:
Address:
By:
(Signature)
Type Name and Title:
Note: This bond must be executed in duplicate and dated, all signatures must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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MATERIAL AND LABOR BOND
FOR
CITY HALL PARKING LOT
IN THE CITY OF PARAMOUNT
PROJECT NO. 9387
KNOW ALL MEN BY THESE PRESENTS that ___________________________, as CONTRACTOR, and __________________________________________________, a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Paramount, as AGENCY, in the penal sum of _______________________________________ Dollars ($_______________), which is 100 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Bidder and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
BIDDER: Name:
Address:
By:
(Signature)
Type Name and Title
SURETY: Name:
Address:
By:
(Signature)
Type Name and Title:
Note: This bond must be executed in duplicate and dated, all signatures must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.
To: Honorable City Council
From: John Moreno, City Manager
By: Yecenia Guillen, Community Services
Director
Date: February 25, 2025
SUBJECT: AGREEMENT WITH STUDIO ONE ELEVEN FOR CONSTRUCTION AND
DESIGN PLANS FOR THE CENTURY GREENWAY PROJECT
BACKGROUND
The large greenway median on Century Boulevard between Merkel Avenue and Wiemer Avenue has a larger width than a typical street median. Its width of approximately 75 ft. provides an opportunity to convert this median into other uses to support the community and promote healthy active lifestyles. The median measures at approximately 750 ft. long between Merkel Avenue and Wiemer Avenue, is 75 ft. wide at its widest point, and 25 ft. wide at its narrowest point. The entire space equals approximately 36,500 square feet or .84 acres.
During a previous community meeting held at Roosevelt Elementary School, a proposed parking concept was presented to 41 area residents. This concept plan would have added new parking spaces along the center median on Century Boulevard. The residents strongly opposed the parking concept and clearly identified the median as valuable recreational open space. They commented that the median enhances the aesthetics of their neighborhood and voiced support for open recreational green spaces.
Given the community’s support of maintaining the area as an open green space, Staff proposed a recreational concept for the greenway median. In this effort, the City awarded an agreement to Studio One Eleven to prepare a concept design for the space in July 2024 for the Century Greenway project. The City identified $45,000 in grant funding to develop the concept plans for a recreational space.
DISCUSSION
The City currently has funding through a Measure A Technical Assistance Program (TAP) grant, with the Los Angeles County Regional Parks and Open Space District (RPOSD), to focus on design concepts of potential projects to increase park space in Los Angeles County communities. The RPOSD approved the City’s proposed project to convert the greenway median on Century Boulevard into a recreational space for the Century Greenway project.
Agenda Report February 25, 2025
AGREEMENT - STUDIO ONE ELEVEN (CENTURY GREENWAY) Page 2 Staff’s desired concept plan included a design that would turn the area into a “mini park” complete with additional landscaping, exercise equipment stations, lighting, a small playground, picnic benches, and a walking trail with distance markers. Staff also visited a similar type of park space in the City of Monrovia to obtain valuable information that was shared with Studio One Eleven on the City’s vision for the space.
Currently, Staff has reviewed the design concept plan for the greenway median that has been provided by Studio One Eleven. Staff finds the concept design to not only be aesthetically pleasing but will also provide a uniquely different recreational space not currently available in the City. The space will promote community wellness and active healthy lifestyles, while also highlighting the Cities’ commitment to beautification of public spaces. The design concept includes a combination of landscaping and paving, shade structures, a playground, a fitness hub, bright vibrant colors, and a circular walking path.
Staff recommends that the City Council approve the design concept plan provided by Studio One Eleven in order to continue the project into the next phase of design and architectural services. Should the City Council approve the concept design, Staff also recommends awarding a new agreement to Studio One Eleven to provide a complete set of construction drawings, for permitting and bidding purposes. Studio One Eleven has provided the City with a proposal in the amount of $161,800 to continue work on the Century Greenway project and provide construction drawing deliverables. Staff recommends the addition of a 10 percent (10%) contingency to account for any unanticipated change orders. The total for the agreement, including the contingency funds, would amount to $178,600.
The City currently has a remaining balance of TAP funds in the amount of $226,500.
These TAP funds have been allocated to the City for the purpose of identifying open space recreational projects. RPOSD has reviewed the Century Greenway project with Staff and finds that the project scope for construction design services is eligible under the grant guidelines. RPOSD has provided the City with approval to continue the project utilizing the allocated grant funds. Per RPOSD, the City must enter into an agreement with a consultant for the construction drawing design services by March 31, 2025, to ensure that the remaining grant funds will be eligible for use.
The Paramount Municipal Code Section 3.12.080 exempts professional/technical services from bidding requirements. However, since the agreement for construction design services from Studio One Eleven is over $40,000, City Council approval of the agreement is required.
FISCAL IMPACT
The is no fiscal impact to the General Fund with the approval of this construction design services project. The funding is fully provided by the TAP grant and already approved by RPOSD.
Agenda Report February 25, 2025
AGREEMENT - STUDIO ONE ELEVEN (CENTURY GREENWAY) Page 3
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 2: Community Health - Provide diverse recreational and cultural amenities that support healthy lifestyles and a sense of community. 5: Attractive and Well-Maintained Infrastructure - Develop and maintain City-owned infrastructure, parks, facilities, and amenities that enhance quality of life and the attractiveness of the community.
RECOMMENDED ACTION
1) Approve the design concept plan provided by Studio One Eleven for the Century Greenway project; and 2) Approve an agreement with Studio One Eleven in the amount of $161,800, and an additional $16,180 in contingency funds, for construction drawing design services, for the Century Greenway project and authorize the Mayor or her designee to execute the agreement.
1 CITY OF PARAMOUNT
PROFESSIONAL SERVICES AGREEMENT
(With Professional Liability)
This Agreement is made and entered into as of February 26, 2025 by and between the City of Paramount, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 16400 Colorado Avenue, Paramount, CA 90723 (“City”), and Studio One Eleven, a California Limited Liability Corporation, with its principal place of business at 245 E. Third Street, Long Beach, California (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City requires provision of the following professional services: architectural and construction design services for the Century Greenway Project (CIP Project No. 9460), as more fully set forth and described in this Agreement.
B. Consultant is duly licensed and/or otherwise fully authorized by law, and has the necessary experience and qualifications, to provide such services. City enters into this Agreement in substantial reliance on such experience and qualifications.
C. The Parties enter this Agreement in order to set forth terms and conditions governing Consultant’s performance of the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Scope of Services.
Consultant shall perform the services generally described in (i) the Scope of Services attached hereto as Exhibit “A”; (ii) any applicable request for proposals issued by the City; and (iii) as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services” herein.)
2. Compensation.
a. Subject to Section 2.b, below, the City shall pay for the Services satisfactorily performed, in accordance with the Schedule of Rates/Payments set forth in Exhibit “B”, attached hereto.
b. In no event shall the total amount paid for the Services exceed the sum of $161,800.00, plus a ten percent (10%) contingency in the amount of $16,180.00. This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Consultant in performing the Services, unless otherwise agreed upon in writing. Consultant shall be deemed to have made all necessary inquiries and site reviews prior to agreeing to perform the Services. Periodic payments for undisputed work shall be made within thirty (30) days of receipt of an invoice which includes a Paramount PSA_Prof Liability (January 2025) 2
detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
The Parties may agree on additional work to be provided as part of the Services. An amendment to this Agreement shall be prepared by the City and executed by both Parties authorizing such additional work and compensation therefor, prior to such work being performed.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available for review by the City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.
5. Term; Time of Performance.
The term of this Agreement shall commence on the date first set forth above and shall expire on June 30, 2026, unless extended or earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines agreed upon in writing. Consultant represents that it has the professional and technical personnel required to satisfactorily perform the Services as required by this Agreement. All indemnification provisions of this Agreement shall survive and remain in effect following the termination of this Agreement.
The Parties may, by mutual, written consent, extend the term of this Agreement.
6. Delays in Performance.
a. Force Majeure. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by force majeure events. Force majeure events mean and refer to circumstances beyond the reasonable control of the nonperforming party including, but not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
Consultant’s lack of financial capability, not due to any of the foregoing events, shall not constitute a force majeure event.
b. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, but not more than three (3) business days, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
Paramount PSA_Prof Liability (January 2025) 3
7. Compliance with Law.
a. Consultant shall comply with all applicable local, State, and federal laws, ordinances, statutes, codes and regulations, including Cal/OSHA requirements, in the performance of the Services.
City may, but is not required, to assist Consultant in obtaining and maintaining all permits required of Consultant by federal, state and/or local regulatory agencies.
8. Standard of Care.
Consultant’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions in the County of Los Angeles. Consultant shall, at all times herein, possess any and all State of California and/or federal professional licenses and certifications, as applicable, required to lawfully perform the Services.
9. Assignment and Subcontracting.
Consultant shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of the City, which may be withheld for any reason. The Services required to be performed by the Consultant are personal to the Consultant. Any attempt to so assign, transfer, or subcontract without such consent shall be void and without legal effect and shall constitute grounds for termination. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement.
10. Independent Contractor.
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is or shall become an employee of City. The work to be performed shall be in accordance with the Scope of Services described in this Agreement, subject to such directions and amendments from City as herein provided. a. All work and other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and/or licenses required by State and local law to perform the Services, including, without limitation, a City of Paramount business license as required by the Paramount Municipal Code. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services.
Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
b. None of Consultant’s employees and/or other personnel performing any of the Services under this Agreement on behalf of Consultant shall be employees of City and Paramount PSA_Prof Liability (January 2025) 4
shall at all times be under Consultant’s exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement.
Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. c. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
d. To the maximum extent permitted by laws, Consultant shall indemnify, defend and hold harmless the City and other Indemnitees (as defined in Section 13.a herein), from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provision of this Section 10, or any of Consultant’s personnel practices. In addition to all other remedies at law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification obligation arising under this Section. The duty of indemnification set forth in this Section is in addition to all other indemnification provisions of this Agreement.
11. PERS Compliance.
Paramount PSA_Prof Liability (January 2025) 5
General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. .
12. Insurance.
Unless otherwise permitted in writing by City’s Risk Manager, Consultant shall not commence work for the City until it has secured insurance in such forms and with such limits as set forth in Exhibit “C“ attached hereto, and provided evidence thereof that is acceptable to the City. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
13. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by City), indemnify and hold the City, its elected and appointed officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 13) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, in any manner arising out of, pertaining to, or incidental to any wrongful acts, errors, omissions, or willful misconduct of Consultant, its owners, officials, officers, employees, servants, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, and/or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, or by the City or any of the other Indemnitees. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct. b. For Design Professional Services: If Consultant’s Services hereunder include the performance of professional services by a “design professional,” as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of reasonable accountants and other professionals, and all costs associated therewith, and Paramount PSA_Prof Liability (January 2025) 6
reimbursement of reasonable attorneys’ fees and costs of defense, to the extent caused by, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is reimbursed by Consultant, exceed Consultant’s proportionate percentage of fault. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct. c. The provisions of this Section 13 shall survive the termination of this Agreement.
14. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq. and 1770, et seq., which require the payment of prevailing wages and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with the Prevailing Wage Laws. These rates are on file with the City Clerk or may be obtained at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. (i) Copies of the prevailing wage rates may be obtained at cost at the City Clerk's office. Consultant shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by them or by any subcontractor under them, in violation of the provisions of this Agreement. (ii) Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
Paramount PSA_Prof Liability (January 2025) 7
b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of this Agreement and require the same of any subcontractors, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of the Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
15. Data Security.
a. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Consultant by City, or otherwise acquired from City, in connection with Consultant’s performance of the Services. As between the Consultant and the City, any and all City Data is solely owned by City.
Consultant is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Consultant use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Consultant shall protect and maintain the security of City Data using methods providing not less than the level of security Consultant uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.
b. To the extent any City Data consists of personal information as defined in the California Consumer Privacy Act (Civil Code Section 1798.100, et seq.), Consultant shall comply with that statute and with Civil Code Section 1798.80. et seq., including providing the required notifications in the event of any unauthorized access or disclosure of personal information stored, maintained, accessed, used or transmitted by Consultant in connection with this Agreement. Notwithstanding the foregoing, Consultant shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data. Thereafter, Consultant shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.
Paramount PSA_Prof Liability (January 2025) 8
c. Consultant shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative. Cloud storage using Amazon Web Service or Microsoft Azure shall be deemed to satisfy the requirements of this subsection (c).
16. Confidential Information
Consultant understands and agrees that, in the performance of the Services under this Agreement or in contemplation thereof, Consultant may have access to private or confidential information which may be owned or controlled by the City and that, if disclosed to third parties, could be damaging to the City. Consultant agrees that all City information and data provided to or made accessible to Consultant by City shall be held in confidence and disclosed only as needed in performance of this Agreement, or as required by law.
Consultant shall exercise the same standard of care to protect such information as a reasonably prudent consultant would use to protect its own confidential and/or proprietary information and data.
17. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California without regard for conflicts of laws rules. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. Consultant must comply with the claim procedures set forth in Government Code section 900, et seq. prior to filing any lawsuit against the City.
18. Termination.
a. City has the right to terminate any portion or all of the Services under this Agreement with or without cause, by giving ten (10) calendar days’ prior, written notice to Consultant. In such event, City shall be immediately given title to and possession of all Work Product, including all related intellectual property rights, and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Consultant is not then in breach, City shall pay Consultant the reasonable value of services rendered for any portion of the Services completed prior to termination. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services or services within the Scope Services performed prior to the effective date of this Agreement, and shall not be entitled to damages or compensation resulting from such termination of the Services.
Paramount PSA_Prof Liability (January 2025) 9
b. Consultant may terminate its obligation to provide further Services under this Agreement by serving written notice of termination to the City, provided Consultant has first served the City with a written notice of default and demand to cure, and City has failed to cure such default within thirty (30) days of receipt of such notice.
19. Ownership of Work Product.
a. Except as otherwise provided in Section 18, “Termination”, above, and unless otherwise agreed upon in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) (and excluding internal 3D models and standard architectural and engineering details) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made or termination of the Agreement by City, provided that any such use shall be at City’s sole risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. “Work Product” does not include intellectual property lawfully owned by or licensed to Consultant prior to the effective date of this Agreement.
b. Regardless of the method of transfer or acquistition, any modification or reuse of the Work Product by the City without the professional involvement of the Consultant shall be at the City’s own risk.
c. Consultant hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to subsection (a), above. d. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Consultant’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, and the other Indemnitees (as defined in Section 13(a), above) harmless from any and all loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or Paramount PSA_Prof Liability (January 2025) 10
licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement.
20. Party Representatives.
Consultant hereby designates Kirk Keller, or his or her designee, as Consultant’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City. City hereby designates the City Manager, or his or her designee, as City’s Representative for this Agreement. The foregoing Representatives shall be authorized to approve non-monetary revisions to this Agreement, provide consent where required herein, and to make other administrative decisions that will be binding on their respective Party, except as otherwise specifically required herein.
21. Notices.
Any notice or instrument required or permitted to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Attn: City Clerk’s Office
CONSULTANT:
Studio One-Eleven
245 E. Third Street
Long Beach, CA 90802
and shall be effective upon receipt thereof.
22. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement.
Paramount PSA_Prof Liability (January 2025) 11
This Agreement, with its exhibits, all of which are incorporated by reference herein, and all documents incorporated by reference, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto.
This is an integrated Agreement. In the event of any conflict or inconsistency between the provisions of this Agreement and any exhibit hereto or document incorporated by reference herein, the provisions of this Agreement shall govern.
25. Severability.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render any other provisions unenforceable, invalid or illegal.
26. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement.
However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is agreed to in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.
28. Time of Essence.
Time is of the essence in each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants.
City reserves its right to employ other consultants to provide the Services or similar services to the City.
30. Interest of Consultant.
Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services under this Agreement. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of the City.
Paramount PSA_Prof Liability (January 2025) 12
31. Interest of Subcontractors.
Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services under this Agreement shall be employed. Consultant has provided City with a list of all subcontractors and the key personnel for such subcontractors that are retained or to be retained by Consultant in connection with the performance of the Services, to assist the City in affirming compliance with this Section.
32. Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. If required, Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Paramount PSA_Prof Liability (January 2025) 13
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PARAMOUNT
AND STUDIO ONE-ELEVEN
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF PARAMOUNT CONSULTANT: STUDIO ONE-ELEVEN
By:____________________________ By:____________________________ Annette C. Delgadillo, Mayor Kirk Keller, Principal
By: ____________________________
Michael Bohn, Partner
[Two corporate signatures required if corporation]
ATTEST:
By:___________________________
Heidi Luce, City Clerk
Paramount PSA_Prof Liability (January 2025) Exhibit - 1
EXHIBIT A
Scope of Services
February 10, 2025
Adriana Figueroa
Public Works Director
City of Paramount
16400 Colorado Ave., Paramount, CA 90723
[email protected]
RE: Proposal for Landscape Architecture Services
Century Greenbelt
Century Blvd. and Merkel Ave.
Paramount, CA 90723
S111 Project #: 24375
Dear Adriana:
We are pleased to submit this proposal to the City of Paramount to provide landscape architectural services based on a fixed fee and hourly increment plus reimbursable expenses, per the attached Exhibit "A" Schedule of Fees, and as defined by the scope of work described herein.
CONTENTS
I. Project Description
II. Project Schedule
III. Scope of Services
IV. Fee Summary
V. Exclusions
VI. Client to Provide
City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 2 of 9
I. PROJECT DESCRIPTION
Project Overview:
The City of Paramount has requested Landscape Architectural services to create a complete set of drawings for permitting and bidding.
Project Details:
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 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).
Assumptions:
The following assumptions have been made regarding project scope, workflow, and documentation:
1. A topographic survey is not available for the scope area. To support design efforts, Studio One Eleven will engage with a survey consultant to identify above grade and below grade existing utilities (if occur), top of curb spot elevations, existing trees and existing grades.
2. There may be minor roadway improvements anticipated with the scope of work, the potential for bulb-outs to protect on-street parking and new sidewalk ramps compliant with current codes. The existing stormwater catch basins shall remain in place and may be supplemented with new nature-based stormwater improvements if needed.
3. There will be no community outreach.
4. There will be no new roadway lighting in the project, however landscape pathway lighting is expected, and Electrical Engineering is included in the proposal.
5. Irrigation design is included in the scope of services.
6. Storm Water Pollution Prevention Planning (SWPPP) is not considered for this scope of work.
7. On street parking provided is assumed sufficient to support the neighborhood and there will be no new parking or roadway expansion.
8. Studio One Eleven will prepare the Project Manual, Bid Schedule and collate all plans for bidding. The city will prepare the invitation to bid.
9. Play equipment manufacturers will provide all details and calculations for footings and structural engineering related to their play equipment.
II. PROJECT SCHEDULE
The Architect and Client will work together to produce a project schedule that allows appropriate time for all professional services to be performed in a timely process and City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 3 of 9
within the grant funding timeline, including construction documents, consultant coordination, quality assurance, Client reviews and approvals, governmental processing and other professional services as required by this Agreement. A two-week review period after each milestone submission is assumed for all the City’s project team to review and provide comments prior to beginning subsequent phases. If the Client’s program or other factors should require a change to the project schedule, the Architect will notify the Client in writing. Should the Client fail to meet its obligations under this Agreement, the project schedule may require adjustments.
Construction Documents: 2 months (substantial completion by 3/31/25) Permitting: 3 weeks
Bidding: 1 month
Construction Administration: 4 months
III. SCOPE OF SERVICES
Studio One Eleven will provide landscape architectural and supporting consultant design services for the Century Greenbelt Park. Studio One Eleven will collaborate with the City of Paramount and its representatives to deliver the project. Studio One Eleven understands the project will be delivered in a traditional design-bid-build delivery method, with the contract documents developed for a publicly advertised invitation to bid under prevailing wage requirements. Digital files of deliverables will be provided to the City of Paramount at each milestone.
Studio One Eleven will provide and lead coordination efforts with the following consultant and engineering design services:
• Site Surveying
• Civil Engineering
• Electrical Engineering
• Structural Engineering
• Cost Estimating
There are no consultants contracted directly with the City:
A. Construction Documents
Refine the conceptual design based on site survey and develop base file.
Prepare 50% construction documents for consultant coordination.
Prepare 90% construction documents for initial plan check and review.
1. Engage surveyor to provide topographic design survey of scope area • Establish centerline and right of way control
• Mapping of all adjoining buildings and structures, grades, driveways and parking improvements, hardscape, visible
utilities, waterways, street trees, easements, 1’ interval contours and spot elevation
City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 4 of 9
2. Refine conceptual design and coordinate design elements with consultants. Landscape Architectural plans, including:
• Title Sheet
• Demolition Plan
• Overall Site Plan
• Enlarged Site Plans and Details
• Landscape Site Lighting
• Irrigation Plans and Details
• Planting Plans and Details
• Materials Selections
3. Engage Consultant Design and Documentation:
• Civil Engineer
o Precise grading plans
o Erosion control plans
o Curb ramps and crosswalk marking
o Details and quantities
• Structural Engineer
o Design of foundations for fence, trellis and benches and structural members
o Calculations and structural details
• Electrical Engineer
o Energy compliance documentation
o Plans with load calculations, circuiting and schedule.
4. City / Coordination teleconference meetings: Three (3) maximum
5. Prepare 50% construction document set for internal coordination.
6. Engage Cost Estimator to prepare one (1) cost estimate at 90% Construction Documents.
7. Provide 90% construction documents with cost estimate to City and to be used for initial plan check submittal.
8. The city shall provide written approval of the Construction Documents and cost estimate prior to the Architect proceeding with the permitting phase.
B. Plan Check & Permitting Phase
While Studio One Eleven will work to best facilitate an expedited permitting process, the schedule for permitting will ultimately be determined by the city government. The time frame is an estimate. We cannot guarantee a schedule for permitting. By the end of this phase, Studio One Eleven shall complete Construction Documents, and coordinate with the City to finalize corrections and prepare plans for permit issuance.
City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 5 of 9
• During this phase, the Architect shall coordinate with the City of Paramount to finalize corrections and prepare plans for permit issuance.
• The Architect will complete all drawings and specifications, and coordinate with City Staff to clear corrections by the governmental agencies for permit.
C. Bid Phase
1. Upon completion of plan check review and approval, Architect shall assemble project specifications, bid item list and distribute bid documents to City of Paramount staff. Client shall provide bid listing and distribution. Only one (1) bid cycle is included (NOTE: Additional bid cycles will be provided upon request, on an hourly basis, per the attached Exhibit “A” Schedule of Fees).
2. One (1) Bid invitation meeting is included, along with response to contractor questions in one (1) round of response Addendum, minor document revisions are included.
D. Construction Contract Administration
Based on construction duration of 4 months.
1. Process shop drawings and product submittals.
2. Process Requests for Information (RFI). Note: With reasonable promptness consistent with the stage of the Project, Architect shall respond to contractor’s requests for clarification or interpretation.
3. Issue Construction Change Directives (CCD), as necessary.
4. Review Change Order Requests/Change Orders as requested by Client.
Note: Upon Client’s request, Architect shall review proposed change orders from contractor or others, but solely for purposes of confirmation of consistency with the general intent of the contract documents prepared by Architect. Architect shall not be required to review such proposed change orders for causation, entitlement, cost, or schedule and shall have no responsibility therefore except as expressly stated by Architect in writing.
City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 6 of 9
5. Review contractor’s Request for Payment applications as requested by Client. (NOTE: Site visitations are required for payment application review.)
6. Participation in weekly OAC meetings, current assumptions provide for remote meeting participation on a weekly basis, and monthly in-person site visitation.
7. The following list indicates the maximum number of construction site visits included in the contract fee:
Landscape Architect: 4
Structural: 1
Electrical: 1
Civil: 1
(NOTE: The number of visits to the construction site may be greater or fewer than those listed above depending on the project needs. Additional visits will be provided upon request on an hourly basis per the attached Exhibit “A” Schedule of Fees.)
8. Assist Client in gathering record drawings for project closeout.
The Architect uses as part of the company’s quality management plan ‘Newforma’ software for project delivery and organization of project email, RFIs Submittals, workflows and more throughout the Bidding and Construction Administration phases. Should the Client or Contractor require a different software or system for management of Bidding or Construction Administration processes, a separate hourly fee may apply for implementation of such processes.
Architect’s services shall be limited to those expressly set forth above and Architect shall have no other obligations or responsibilities for the project except as agreed to in writing or as provided in this Agreement.
All the Architect’s services in any way related to the project shall be subject to the terms of this agreement.
City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 7 of 9
IV. FEE SUMMARY:
Land. Arch.
– S111
Electrical
Eng. – RTM
Structural
Eng.– SF
Civil Eng. -
Willdan
Cost Est.
– KPJ
Survey
- Hahn
Construction
Documents
$55,000 $9,500 $11,500 $19,300 $9,000 $15,000
Plan Check $5,000 $900 $4,000 $2,700
Bid Phase $5,000 $2,700
Construction
Administration
$15,000 $900 $4,000 $2,300
subtotal $80,000 $11,300 $19,500 $27,000 $9,000 $15,000 The fixed fee for this Scope of Work is $161,800.
The fee has been prepared based on the scope of 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 date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time is subject to additional compensation for services yet to be performed.
The entire project will proceed and process through design, construction documents, building department and construction contract administration consecutively as a singlephased project with one general contractor per the designated schedule.
V. EXCLUSIONS
Exclusions include but are not limited to the items listed below. Refer to scope for included services.
A. Value engineering beyond the Construction Documents Phase and review of significant substitutions during construction administration.
B. Off-site street improvement plans.
C. Perspective renderings or models (animations, 3D models, perspective, or other 3D views).
D. Storm Water Pollution Prevention Plan. The disturbed site area is less than one acre and SWPPP plan is assumed to not be required.
City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 8 of 9
E. Site visits by Architect or Architect’s consultants (including special inspections when specifically required by the authority having jurisdiction over the project) beyond those noted in the scope of services.
F. Providing services in evaluating an extensive number of claims or RFI’s submitted by the Contractor or others in connection with the Work.
G. Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase.
H. Additional meetings, changes to work product (including property/ parcel lines) at request of Client, which conflict with prior approvals, or Client's directions, or construction contract administration services beyond those included in the scope of work.
I. Contracting with any other engineering, environmental, or other consultants beyond those included in this Agreement.
J. Government fees.
K. Plans and details for site monument/pylon signage.
L. On-site custom sculptures, specialty lighting, or furniture.
M. Specially designed footings or foundations, such as piles or caissons; site or building retaining walls.
VI. CLIENT TO PROVIDE
A. Written approval of construction documents prior to proceeding to the next stage of document preparation.
VII. Terms and Conditions
TERMS AND CONDITIONS SHALL BE AS ESTABLISHED IN THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF PARAMOUNT AND STUDIO ONE ELEVEN, DATED JULY 1ST, 2019.
The work described in this Agreement will not commence without a signed authorization.
Client accepts this Agreement, and all the terms and conditions set forth herein, by directing Architect to proceed with the work, or any portion thereof, described or contemplated herein.
City of Paramount
Century Greenbelt | Paramount, CA
project number: 24375-01-000
February 10, 2025
page 9 of 9
We would like to thank you for giving us the opportunity to be of service to you on this project.
Sincerely,
Kirk Keller, ASLA, CLARB, LEED AP
Principal
Studio One Eleven
Licensed Landscape Architect, California #6121
Paramount PSA_Prof Liability (January 2025) Exhibit B - 1
EXHIBIT B
Schedule of Rates/Payments
Consultant will invoice City on a monthly cycle, or otherwise as expressly provided in this Agreement. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task, as applicable. Consultant will inform City regarding any out-of-scope work being performed by Consultant. Any other terms and conditions relating to the amount of compensation to be paid to Consultant are as follows:
2. MILEAGE AND SUBSISTENCE
Auto Mileage: $0.70 per mile
3. MATERIALS AND SUPPLIES
a. Office and drafting supplies are included in the fixed fee above b. Cost of printing, color copies, CAD plotting and reproductions not provided for in the proposal and requested by City in writing 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.
CONSULTANTS NOT INCLUDED IN PROPOSAL AND REQUESTED IN WRITING BY CITY Actual cost plus 15%.
Paramount PSA_Prof Liability (January 2025) Exhibit C - 1
EXHIBIT C
INSURANCE
1. Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section, or as may otherwise be permitted or required in writing by the City’s risk manager.
2. Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
A. Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability (for non-professional actions); (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
B. Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
C. Professional Liability (Errors & Omissions): Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims-made” policy is provided, it shall include an extended reporting period of not less than three (3) years.
D. Commercial Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. The City of Paramount, its elected or appointed officers, officials, employees and volunteers shall be included as additional insureds on such policy.
E. Cyber Liability: Vendor shall maintain comprehensive cyber liability insurance with limits of $1,000,000 per occurrence/loss and $2,000,000 general aggregate. If a “claims-made” policy is provided, it shall include an extended reporting period of not less than three (3) years or the policy shall be continuously renewed for three (3) years.
Paramount PSA_Prof Liability (January 2025) Exhibit C - 2 F. For Commercial General Liability and Commercial Automobile Liability (CGL Coverage):
The City will be included as an additional insured, under the commercial general liability (“CGL”) insurance policy coverage, for all liability arising out of the operations by or on behalf of the named insured, and this CGL policy protects the additional insured, its officers, agents and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract.
(i) Each such CGL policy shall be endorsed with the following language: The City of Paramount, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, including the insured's general supervision of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. (ii) This CGL policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (iii) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
(iv)The Additional Insured coverage under the Consultant’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13.
G. Deductibles and Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
3. Waiver of Subrogation. All policies of Commercial General Liability, Commercial Automobile Liability, and Worker’s Compensation shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, and agents to the extent of such coverage.
4. Evidence of Insurance. The Consultant shall deliver redacted copies of the required policies or original certificates of insurance and redacted or specimen endorsements issued by their insurer. The Consultant and its insurer are solely responsible for ensuring that the required insurance complies with this Agreement and provides adequate coverage for all services performed. The Consultant shall procure insurance policies that meet the stated standards.
At least fifteen (15) days before any policy expires, or within a reasonable time after policy renewal, the Consultant shall provide evidence of renewal or replacement coverage. If any Paramount PSA_Prof Liability (January 2025) Exhibit C - 3 policy is canceled, the Consultant must file evidence of reinstatement or replacement coverage within ten (10) days of receipt of written notice of the change.
The City may request copies of insurance policies and endorsements for informational purposes only, without assuming any obligation to verify compliance or adequacy.
5. Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
6. Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
7. Enforcement of Agreement Provisions (non-estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
8. Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Agreement are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
Paramount PSA_Prof Liability (January 2025) Exhibit C - 4 WORKER’S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations: (ONE OF THE
PARAGRAPHS BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to selfinsure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this Agreement. ◼ I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier ____________________________________________
Policy Number ______________________________________
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of Paramount and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
By: _________________________________ Dated:______________, 20_________ To: Honorable City Council
From: John Moreno, City Manager
By: Kim Sao, Finance Director
Date: February 25, 2025
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT
APPROVING THE MIDYEAR BUDGET ADJUSTMENTS AMENDING THE
FISCAL YEAR 2024-2025 ADOPTED OPERATING AND CAPITAL
IMPROVEMENT BUDGET
BACKGROUND
We are pleased to present to you the Fiscal Year (FY) 2024-2025 Midyear Budget Review. The annual Adopted Budget is a financial plan predicated on the best information available at the time it was prepared. In accordance with our budget policy, the budget as adopted by the City Council can be amended as needed during the fiscal year in response to unforeseen circumstances, events, or changes to the estimated cost of services. In addition to the appropriations that Council approved throughout the fiscal year, we evaluate the budget at the midyear mark to see how we are doing relative to our overall Adopted Budget projections and recommend additional modifications to the original plan that will take us through to the end of the FY 2024-25.
DISCUSSION
During the last few years, the economy has been going through a volatile time with the Consumer Price Index (CPI) peaking at 8.6% in June 2022 for the Los Angeles area.
Between 2022 and 2023, the Federal Reserve initiated incremental rate hikes in response to evolving economic conditions. Initially, the Fed maintained higher interest rates to combat inflation while maintaining economic growth and subsequently in September 2024, it made the first rate cut in four years to prevent economic slowdown as inflation showed signs of moderation. As of December 2024, CPI had dropped to 3.4%.
As we assess the midyear budget, it’s crucial to consider the broader economic condition and political climate especially in light of recent events such as the devasting Los Angeles wildfires that have introduced new economic pressures and the recent threats of federal funding freeze and proposed expenditure cuts that could significantly impact local governments, including the City of Paramount. It is always prudent to anticipate economic downturns in this uncertain time to be better prepared. We are pleased to report that the City’s June 30, 2024 audited financial report reflects a committed total of $24 million in rainy day funds. This represents 60% of the City’s General Fund operating expenditure in accordance with the fund balance policy that the City Council approved.
Agenda Report February 25, 2025
RESOLUTION NO. 25:004 Page 2
The FY 2024-25 Budget that was adopted in June 2024, reflects a balanced financial plan, with General Fund operating expenditures totaling $45,432,750 and estimated revenues of $45,975,300. Additionally, $764,500 from reserves were allocated for onetime expenditures, resulting in a projected operating surplus of $1,307,050 on June 30, 2025.
Throughout the fiscal year, staff may request additional budget allocations; however, we prioritize maintaining fiscal discipline by ensuring that any adjustments do not exceed the projected surplus. This approach allows us to preserve a year-end surplus that increases and strengthens our fund balance. Additionally, as part of our commitment to prudent and conservative financial management, we strategically seek and utilize grant funding before drawing on General Fund resources to maximize external revenue opportunities and maintain long-term fiscal sustainability.
General Fund
As of midyear, the overall General Fund revenue at year-end is projected to remain close to the original estimate of $45,975,300, with some fluctuations in individual revenue sources.
Key updates include:
• Sales Tax: A projected decrease of $536,685 from $11,443,000 to $10,906,315. • Measure Y Transaction Use Tax – a slight increase of $43,794 from $7,734,000 to $7,777,794
• Business License Tax: Due to the passage of Measure LR restructuring the business license tax, revenue is projected to increase slightly for a portion of the first year by approximately $150,000. This estimate accounts for the tax taking effect on February 1, 2025, as well as a 35% phase-in discount for the first year. • Motor Vehicle License Fees (MVLF) – An increase of $381,874 from $8,502,200 to $8,884,070
• Permit & Development Fees - Activity has slowed due to the cancellation and delay of World Energy projects to the next year. However, the recently adopted schedule of user fees for developments and permits may help offset some of this decrease. Staff leaves the original estimate unchanged.
With these adjustments, the General Fund revenue is now projected to reach approximately $46,014,270 by year-end, reflecting a modest overall increase of $38,970 from the original estimate. Given the minimal overall change, the City remains committed to fiscal responsibility by limiting expenditures and maintaining a conservative spending approach for the remainder of the fiscal year.
Agenda Report February 25, 2025
RESOLUTION NO. 25:004 Page 3
On the other hand, the General Fund operating expenditure budget increased by $1,109,130 from the adopted budget of $45,432,750 to $46,541,880 at Midyear. Of the $1,109,130 increase, $668,060 was previously approved by the City Council and $441,070 is being recommended as a midyear budget adjustment. This results in a revised General Fund surplus of $293,790 at year end.
Table 1 - The following table summarizes the FY 2024-2025 Proposed Midyear Adjustments to the General Fund Operating Budget.
Salaries and Benefits
The proposed mid-year budget adjustment also includes an updated City Manager monthly salary. This adjustment reflects the conversion of two current benefits already paid to the City Manager into salary. The two benefits are: a $600 monthly auto allowance and a $1,882.72 in monthly deferred compensation. The conversion of these two benefits moves the current expense ($2,482.72) from the benefits category into the position’s base salary, effective March 1, 2025. As a result, there is a $7,150 total increase (from March 1, 2025 to June 30. 2025) in Medicare tax and pension costs, which will be covered by budget savings in other areas within this department. City Council approval of the City Manager’s employment agreement amendment and a resolution updating the salary table is required for this adjustment and is being presented separately for consideration this evening.
Special Revenue Funds and Internal Service Fund
Table 2 - The following table summarizes the FY 2024-2025 Proposed Midyear Budget Adjustments to the Special Revenue Funds and Internal Service Funds.
Account No. Descriptions Amount
General Fund:
111-1222-6121 Artist Subscription music video $ 6,600
111-1222-6123 Shopping Under the Lights 15,000
111-1411-5335 Economic Development - Fire House Escrow 43,000 111-1413-5121 Crime Insurance 7,600
111-1414-5151 Dot.Gov email transition (Infinity) 10,000 111-1414-5151 Firewall upgrade 25,000
111-5121-5265 Additional emergency repairs 75,000
111-5121-5265 Additional facility repairs 45,000
111-5122-5151 Additional tree trimming and crown reduction 80,000 111-5221-5167 Rental of additional median barriers for special events 40,000 111-5221-5261 Banner replacement of Paramount Blvd. 10,000 111-5222-5156 Engineering services due to CIP management 25,000 Subtotal $ 382,200
111- Reserves Various Realignment on ARPA Spending Plan 58,870 Total General Fund Operating Adjustments $ 441,070
Agenda Report February 25, 2025
RESOLUTION NO. 25:004 Page 4
Water Fund
The FY 2024-25 Water Fund operating revenue was estimated at $9,685,600 with consideration that the fourth year of the five-year rate increase takes effect January 2025. The operating and CIP expenditures, excluding depreciation and loan payments, totaled $12,817,150, resulting in a deficit of $3,131,550 for FY 2024-25. The deficit is due to the delay in the opening of Well 16, where the City has had to purchase imported water at a cost that is over $2 million more than usual due to inflation.
Table 3 - The following table summarizes the FY 2024-2025 Proposed Midyear Budget Adjustments to the Water Fund in the amount of $311,350 for various supplies and professional services.
Account No. Descriptions Amount
Special Revenue Funds:
221-4129-0000 Appropriate FY24 remaining grant allocation 710,950 222-5221-4000 Correct salaries & benefits budget - FT Maint Worker 68,250 296-3125-5151 Kaiser Grant - Housing Navigator 70,000
233-9435 Move CIP 9435 Median Enhancement from Fund 112 447,500 296-9237-7111 RMC grant discontinued - Unfund CIP 9237 WSAB 3 (200,000) 296-9237-7136 RMC grant discontinued - Unfund CIP 9237 WSAB 3 (975,200) 296-9393-7146 Move funding for CIP 9393 EV Charging Station from Fund 225 20,700 225-9393-7146 Move funding for CIP 9393 EV Charging Station to Fund 296 (20,700) 233-9535 Add funding for new Traffic Mitigation project 15,000 Total Special Revenue Funds $ 136,500
Internal Service Funds:
521-9382-7146 CIP 9382 City Hall Furniture Replacement 29,000 Total Equipment Replacement Fund $ 29,000
Agenda Report February 25, 2025
RESOLUTION NO. 25:004 Page 5
Capital Project Fund (Fund 112)
Last year, staff made changes to the way CIP activities are budgeted and recorded in the General Fund. To improve the management of CIPs, we moved all CIPs in General Fund 111 to their own Capital Project Fund 112. Therefore, during the budget process, staff will determine the amount available in the General Fund to pay for needed CIPs in Fund 112.
During this midyear process, staff reviewed the ARPA Spending Plan budget and made changes that included removing discontinued projects, realigning and optimizing the use of grant funds and other sources, which included $882 thousand from the recently refunded Successor Agency bond proceeds to pay for affordable housing project. This exercise resulted in savings of $1,099,496, which will be transferred to the Capital Project Fund for CIP purposes.
Table 4 - The following table summarizes the FY 2024-2025 Proposed Midyear Adjustments to the Capital Project Fund.
Account No. Descriptions Amount
Transfer From General Fund 111 (1,020,876)
Transfer To Capital Project Fund 112 1,020,876
Capital Project Fund:
112-9258 Increase for Dillis Park Orchard project contract obs.support 40,000 112-9259 Increase for Dillis Park Restroom Renov.contract obs.support 12,000 112-9276 Increase budget for design and address building and safety's plan check com2m30e,n0t0s0 112-9352 Increase to Progress Plaza Renov.contract obs.support 111,000 112-9387 Increase to City Hall Parking Lot proj. for contract obs.support 70,000 112-9433 Increase to Hunsaker Traffic Safety proj. for engineering support 14,000 112-9435 Increase to Median Enhancement proj. for engineering support 247,500 112-9451 Increase to Irrigation valve upgrade proj. 100,000 112-9464 Increase to Community Center Exp proj. 100,000 112-9470 Increase to Substation Roof Replacement proj. 20,000 112-9574 Increase to Dill Park Irrigation Repairs proj. 20,000 112-9550-7111 CIP 9550 Paramount Saw Museum change to ARPA fund (52,000) 112-9550-7146 CIP 9550 Paramount Saw Museum change to ARPA fund (100,000) 112-9485-7146 CIP 9485 15101 Paramount Project change to 2010B funding (277,600) 112-9485-7146 GF to 2010b - CIP 9485 15101 Paramount Project 277,600 112-9455-7111 CIP 9455 All Am Park Picnic Shelter remove remaining budget (11,610) 112-9455-7146 CIP 9455 All Am Park Picnic Shelter remove remaining budget (100,000) 112-9435 CIP 9435 Median Enhancement change funding from 112 to 233 (447,500) Total Capital Project Fund $ 253,390
Agenda Report February 25, 2025
RESOLUTION NO. 25:004 Page 6
For FY 2024-25 only, the City’s all funds CIP budget totaled $13,997,200. Of this amount, $4,006,800 is funded by the General Fund. Including carryovers from the previous year, General Fund CIPs now total $14,684,371.
As of Midyear, the FY 2024-25 total all-funds CIP budget of $13,997,200 plus carryover CIP from the prior year totals $54,844,421.
FISCAL IMPACT
Based on the midyear review, staff recommend adjustments to the revenues, expenditures, including CIP budgets and transfers between funds, as outlined in the tables above:
• Operating Revenues: There are no planned adjustments to the General Fund estimated revenues; however, staff will continue to monitor revenue and incoming receipts to ensure spending remains aligned with available resources of the current fiscal year.
• Grant Revenues: Grant-related revenues will be adjusted as needed to align with corresponding increases or decreases in the expenditure budget. • Operating and CIP Budget: Increases in appropriation for all funds as itemized in Tables 1, 2, 3, and 4 of this report.
In accordance with the budget policy, the City Manager has the authority to make other accounting/budget adjustments. This includes transferring appropriations within an activity without impacting the overall budget by fund. In addition, during the midyear budget process, Finance staff also adjusted the estimated beginning fund balances to match the actual fund balances per the audited report. This adjustment is needed to provide a more accurate projection for the ending fund balance. The General Fund balance for operation is projected to be $35,243,081 as of June 30, 2025. Of this total, $2,703,842 is classified as unassigned fund balance.
Approving the proposed mid-year adjustments will provide staff with the budget authority to make needed adjustments and achieve a more accurate budget for the current FY 2024-25 and provide a basis for developing the upcoming FY 2025-26 Budget.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization; establish priorities, uniformity, and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No. 6 Efficient, Effective, and Fiscally Responsible.
RECOMMENDED ACTION
Adopt Resolution No. 25:004.
CITY OF PARAMOUNT
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 25:004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT
APPROVING THE MIDYEAR BUDGET ADJUSTMENTS AMENDING THE
FISCAL YEAR (FY) 2024-2025 ADOPTED OPERATING AND CAPITAL
IMPROVEMENT BUDGET
WHEREAS, in accordance with the Paramount Municipal Code Section 2.08.020 (E) (8) the City Manager is required to submit the annual budget prior to the beginning of each fiscal year, and finds it prudent to review the status of the budget at midyear each year; and
WHEREAS, the purpose of the mid-year budget review is to update the community on the financial condition of the City and recommend adjustments to reflect necessary changes to the current Fiscal Year 2024-25 Budget; and
WHEREAS, the City Council has reviewed the proposed midyear budget adjustments and determined that it is necessary to approve and adopt the staff recommendations; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. The City Council hereby amends the adopted Budget to adjust the expenditures in the funds as listed in Tables 1,2,3, and 4 below:
Table 1 – General Fund
Account No. Descriptions Amount
General Fund:
111-1222-6121 Artist Subscription music video $ 6,600
111-1222-6123 Shopping Under the Lights 15,000
111-1411-5335 Economic Development - Fire House Escrow 43,000 111-1413-5121 Crime Insurance 7,600
111-1414-5151 Dot.Gov email transition (Infinity) 10,000 111-1414-5151 Firewall upgrade 25,000
111-5121-5265 Additional emergency repairs 75,000
111-5121-5265 Additional facility repairs 45,000
111-5122-5151 Additional tree trimming and crown reduction 80,000 111-5221-5167 Rental of additional median barriers for special events 40,000 111-5221-5261 Banner replacement of Paramount Blvd. 10,000 111-5222-5156 Engineering services due to CIP management 25,000 Subtotal $ 382,200
111- Reserves Various Realignment on ARPA Spending Plan 58,870 Total General Fund Operating Adjustments $ 441,070
RESOLUTION NO. 25:004
Table 2 – Other Funds
Table 3 – Water Fund
Account No. Descriptions Amount
Special Revenue Funds:
221-4129-0000 Appropriate FY24 remaining grant allocation 710,950 222-5221-4000 Correct salaries & benefits budget - FT Maint Worker 68,250 296-3125-5151 Kaiser Grant - Housing Navigator 70,000
233-9435 Move CIP 9435 Median Enhancement from Fund 112 447,500 296-9237-7111 RMC grant discontinued - Unfund CIP 9237 WSAB 3 (200,000) 296-9237-7136 RMC grant discontinued - Unfund CIP 9237 WSAB 3 (975,200) 296-9393-7146 Move funding for CIP 9393 EV Charging Station from Fund 225 20,700 225-9393-7146 Move funding for CIP 9393 EV Charging Station to Fund 296 (20,700) 233-9535 Add funding for new Traffic Mitigation project 15,000 Total Special Revenue Funds $ 136,500
Internal Service Funds:
521-9382-7146 CIP 9382 City Hall Furniture Replacement 29,000 Total Equipment Replacement Fund $ 29,000
RESOLUTION NO. 25:004
Table – Capital Project Fund
Account No. Descriptions Amount
Transfer From General Fund 111 (1,020,876)
Transfer To Capital Project Fund 112 1,020,876
Capital Project Fund:
112-9258 Increase for Dillis Park Orchard project contract obs.support 40,000 112-9259 Increase for Dillis Park Restroom Renov.contract obs.support 12,000 112-9276 Increase budget for design and address building and safety's plan check com2m30e,n0ts00 112-9352 Increase to Progress Plaza Renov.contract obs.support 111,000 112-9387 Increase to City Hall Parking Lot proj. for contract obs.support 70,000 112-9433 Increase to Hunsaker Traffic Safety proj. for engineering support 14,000 112-9435 Increase to Median Enhancement proj. for engineering support 247,500 112-9451 Increase to Irrigation valve upgrade proj. 100,000 112-9464 Increase to Community Center Exp proj. 100,000 112-9470 Increase to Substation Roof Replacement proj. 20,000 112-9574 Increase to Dill Park Irrigation Repairs proj. 20,000 112-9550-7111 CIP 9550 Paramount Saw Museum change to ARPA fund (52,000) 112-9550-7146 CIP 9550 Paramount Saw Museum change to ARPA fund (100,000) 112-9485-7146 CIP 9485 15101 Paramount Project change to 2010B funding (277,600) 112-9485-7146 GF to 2010b - CIP 9485 15101 Paramount Project 277,600 112-9455-7111 CIP 9455 All Am Park Picnic Shelter remove remaining budget (11,610) 112-9455-7146 CIP 9455 All Am Park Picnic Shelter remove remaining budget (100,000) 112-9435 CIP 9435 Median Enhancement change funding from 112 to 233 (447,500) Total Capital Project Fund $ 253,390
RESOLUTION NO. 25:004
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Paramount this 25th day of February 2025.
Annette C. Delgadillo, Mayor
ATTEST:
Heidi Luce, City Clerk
To: Honorable City Council
From: Nicholas R. Ghirelli, City Attorney
By: Nicholas R. Ghirelli, City Attorney
Date: February 25, 2025
SUBJECT: FOURTH AMENDMENT TO THE CITY MANAGER’S EMPLOYMENT AGREEMENT AND RESOLUTION NO. 25:007 AMENDING THE FULLTIME SALARY SCHEDULE
BACKGROUND
City Manager John Moreno is employed by the City under an employment agreement dated February 1, 2022, and amended on June 21, 2022, February 28, 2023, and June 25, 2024. Pursuant to the terms of that agreement, the City Council recently conducted and completed a performance evaluation of Mr. Moreno. At the conclusion of that evaluation, the City Council directed the City Attorney to prepare the fourth amendment to the employment agreement to implement two agreed upon changes to Mr. Moreno’s compensation. The City Council would then consider whether to adjust Mr. Moreno’s compensation in an open and public meeting.
DISCUSSION
The two proposed changes to Mr. Moreno’s compensation are as follows:
• Eliminate Mr. Moreno’s $600 monthly auto allowance and deferred compensation payment (currently 8% of Mr. Moreno’s salary) and increase Mr. Moreno’s baseline salary by an amount equal to the auto allowance and deferred compensation. Mr.
Moreno has requested these conversions in lieu of a salary adjustment to bring his salary in line with market rates. This change would take effect on March 1, 2025 when his new annual baseline salary will change to $312,200.600. A salary survey of city managers in nearby cities is attached to this report. • Incorporate an annual Cost of Living Adjustment (COLA) adjustment equal to the Consumer Price Index (CPI), but not to exceed 5% in any given year. Annual COLA’s are typical of public agency employment agreements and MOUs. The COLA is intended to ensure Mr. Moreno’s salary keeps up with inflation and remains generally consistent with market trends over time. The first COLA adjustment would occur on July 1, 2025.
Agenda Report February 25, 2025
AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Page 2
The proposed amendment to Mr. Moreno’s employment agreement would incorporate the above two changes. No other changes are being proposed. All other terms and provisions of the agreement will remain in full force and effect.
A resolution has been prepared to amend the City Manager’s salary in the full-time salary schedule.
FISCAL IMPACT
The additional cost associated with these changes is approximately $7,135 for the remainder of the current fiscal year, March 1 thru June 2025. The cost is largely associated with payroll taxes and PERS contributions for Mr. Moreno’s new baseline salary. The additional cost will be absorbed by budget savings in the City Manager, Finance, and Administration departments. The COLA scheduled to take effect on July 1, 2025 is not yet known because the February year-over-year CPI figure has not been released.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.
RECOMMENDED ACTION
1) Receive oral report regarding the proposed amendment; 2) Approve the Fourth Amendment to the Amended and Restated City Manager Employment Agreement between the City of Paramount and John Moreno; and 3) Adopt Resolution No. 25:007 Amending the Full Time Salary Schedule.
City Manager Salary Survey
City/Population Base Salary Deferred Comp Total base + deferred comp
Monthly Car
Allowance
Norwalk
96,635 $345,324
City contributes $17,500
to 457 and 8% of base
salary to 401a plan
$390,450 $600.00
Lakewood
76,772 $328,412 $900 annually 329,312 $500.00
Downey
107,100 $319,807 N/A $319,807 City provided vehicle
Whittier
83,163 $318,760
Allowed to convert up to
3% of Executive Leave
towards deferred comp
Varies depending on
unused executive leave $900/mo
Pico Rivera
58,291 $314,000
City will pay the maximum
IRS contribution for CM
457b plan
$337,500 $700
South Gate
89,206 $307,656 N/A $307,656 $542.00
Bell Gardens
36,828 $292,536 N/A $292,536 $650
Santa Fe Springs
20,517 $288,400 3% of salary contribution $297,052.00 $500 Paramount
51,653 $282,408 City contributes 8% of
annual salary $305,000.00 $600.00
Cerritos
45,929 $282,110 N/A $282,110 N/A
Updated on 1/28/25
City Manager Salary Survey
City/Population Base Salary Deferred Comp Total base + deferred comp
Monthly Car
Allowance
La Mirada
44,729 $280,000 Half of the max annual
contribution $291,750 $500
Signal Hill
11,061 $275,000 $15,000 annual
contribution $290,000 City provided vehicle
Bellflower
75,122 $271,000
City will pay the maximum
IRS contribution for CM
457b plan
$294,500 $600.00
Montery Park
57,877 $265,000
$250 matching
contribution per pay
period.
$271,500 $600.00
San Gabriel
37,732 $257,317 N/A $257,317 $450 monthly
Rosemead
49,305 $256,992 N/A $256,992 City provided vehicle
Lynwood
63,204 $227,171 5% of annual base
contribution match $227,171 $500
Average $288,935
Updated on 1/28/25
1 FOURTH AMENDMENT TO THAT AMENDED AND RESTATED
CITY MANAGER EMPLOYMENT AGREEMENT
THIS FOURTH AMENDMENT TO THAT AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT (the “Agreement”) is made at Paramount, California on the 25th day of February 2025, by and between the City of Paramount, a municipal corporation (“City”), and John Moreno, an individual (“Manager”).
RECITALS
1. City and Manager entered into that certain Amended and Restated City Manager Employment Agreement (“Agreement”) beginning February 1, 2022, and continuing thereafter subject to the terms of the Agreement; and
2. City and Manager entered into a First Amendment to the Amended and Restated City Manager Employment Agreement on June 21, 2022; and
3. City and Manager entered into a Second Amendment to the Amended and Restated City Manager Employment Agreement on February 28, 2023; and
4. City and Manager entered into a Third Amendment to the Amended and Restated City Manager Employment Agreement on June 25, 2024; and
4. City and Manager desire to amend Section 4 of the Agreement to include the Manager’s deferred compensation and vehicle allowance in his salary, and to include cost of living adjustments to Manager.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, it is hereby agreed by and between City and Manager to amend the Agreement as follows:
1. Section 4 (A) is hereby amended in its entirety to read as follows:
“A. Salary. City agrees to pay Manager for his services rendered pursuant to this Agreement hereto an annual base salary, which salary shall be $312,200.64, effective March 1, 2025. This amount is inclusive of the deferred compensation (8%) and vehicle allowance ($600.00 per month) salary conversions as approved in the Fourth Amendment to this Agreement. Additionally, the City shall pay Manager an annual Cost of Living Adjustment (COLA). COLA is measured utilizing the change in the Consumer Price Index for All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA, as calculated by the U.S. Bureau of Labor Statistics based on the year-over-year CPI increase between February of the preceding year and February of the year in which the COLA is to be granted, up to a maximum annual cap of 5%. The COLA shall take effect on July 1st of each year, beginning July 1, 2025.”
2 2. Sections 4 (B) and 4 (E) shall be removed from Section 4 and have no further force or effect as of July 1, 2025.
Except as expressly provided herein under this Fourth Amendment, all other provisions of that certain Amended and Restated City Manager Agreement dated February 1, 2022, amended on June 21, 2022, amended on February 28, 2023, and amended on June 25, 2024, shall remain in full force and effect.
Executed this 25th day of February 2025 at Paramount, California. “City”
CITY OF PARAMOUNT,
a municipal corporation
By:
________________________________
ANNETTE C. DELGADILLO, Mayor
“Manager”
________________________________
JOHN MORENO
ATTEST:
___________________________________
HEIDI LUCE, City Clerk
APPROVED AS TO FORM:
__________________________________
NICHOLAS R. GHIRELLI, City Attorney
CITY OF PARAMOUNT
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 25:007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT
AMENDING THE FULL-TIME SALARY SCHEDULE
WHEREAS, the California Public Employees’ Retirement System requires, by regulation, that the City Council approve and adopt a pay schedule for every employee position; and
WHEREAS, the City Council has the authority to create, classify, and design salary scales/ranges for all City of Paramount employee positions; and WHEREAS, such pay schedule shall be available for public review; and WHEREAS, posting of the pay schedule may be satisfied by listing on the employer’s internet website; and
WHEREAS, the pay schedule is hereby amended to include the adjusted City Manager salary, in the new amount of $26,016.76, effective March 1, 2025; which reflects the conversion of auto allowance and deferred comp compensation into his base salary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. The amended Full-Time Monthly Salary Table effective March 1, 2025 (Exhibit A) shall be posted on the City website.
SECTION 3. Such schedule shall be retained and available for public inspection for not less than five years.
SECTION 4. This Resolution shall take effect immediately upon its adoption.
RESOLUTION NO. 25:007
PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 25th day of February 2025.
Annette C. Delgadillo, Mayor
ATTEST:
Heidi Luce, City Clerk
RESOLUTION NO. 25:007
EXHIBIT A