Agenda packet — Paramount City Council, June 24, 2025 (part 2 of 2)

EXHIBIT E
To: Honorable City Council
From: John Moreno, City Manager
By: Yecenia Guillen, Community Services
Director
Date: June 24, 2025
SUBJECT: DOWNTOWN HOLIDAY LIGHTING AND DECORATIONS

BACKGROUND
The City is committed to maintaining high standards in every aspect to ensure a city that is safe, healthy and attractive. As part of this commitment, the City is continuing its efforts to enhance the Downtown area with festive holiday lighting and decorations for the upcoming 2025 holiday season. This initiative aims to foster community pride, attract visitors, and create a vibrant, celebratory atmosphere throughout the City.

The Downtown area, home to businesses, cultural landmarks, and community events, is a high-visibility location that serves as the focal point for these seasonal enhancements.

While last year’s contractor fulfilled the technical requirements of the City, this display did not fully align with the City’s vision or desired quality goals for visual impact and festive atmosphere. As such, the City made the deliberate decision to move forward with a new request for proposals to solicit bids from various decoration companies that can provide rental and installation of a variety of lighting and décor options. The expectation of the new contractor will be to collaborate closely with staff and the City Council Aesthetics Subcommittee to implement the City’s desire for a brighter, cohesive, and extravagant holiday display that reflects the City’s dedication to quality and commitment to excellence.

In addition to the traditional decorating of the holiday tree at Paramount Pond, this year’s display will also include a significantly expanded scope of decorations and increased lighting throughout the Downtown area. The Civic Center, historic Hay Tree site, and every tree well along Paramount Boulevard from Alondra Boulevard to Jackson Street will be illuminated with vibrant, high-impact lighting. These enhancements will further our commitment to creating a more enhanced streetscape, transforming key areas of the City into a festive destination that celebrates the season with greater brilliance and charm.

DISCUSSION
On Thursday, March 6, 2025, the City published the Request for Proposals in the Paramount Journal and on the City’s website.

Agenda Report June 24, 2025
AWARD OF CONTRACT - HOLIDAY LIGHTING & DECORATIONS Page 2 On Thursday, April 10, 2025, the Director of Community Services opened and examined the bids for the Downtown Holiday Lighting and Decorations. The bids were opened at 11:00 AM at the City Yard.

Two (2) bids were received and the City’s selection committee, consisting of the Assistant Community Services Director, Manager, Supervisor, and the Public Works Operations Manager and Management Analyst, analyzed the bids for completeness of the required documentation and specifications. Upon review of both proposals, it was deemed that the apparent low bid was submitted by T&G Global LLC DBA St. Nick’s in the amount of $469,933.01. This cost includes a one-time fee for the initial year to purchase some new lighting and decorations. Following the first year, the cost for the duration of the agreement to install, remove, and store the items will be $220,439 per year. The term of this agreement shall be for three (3) years with the option to renew administratively for two (2) one-year extensions.

This cost includes additional overhead lighting and decorations on Paramount Boulevard extending from Madison Street to 70th Street, fully lit tree wells, a complete decoration of the Christmas tree, and themed decorations at the Civic Center and historic Hay Tree site.

The following is a breakdown of estimated total project costs:

Project: $ 469,933.01
Contingency (10%): $ 46,993.30
Total: $ 516,926.31
Consideration of this item was continued from the June 10, 2025 City Council meeting.

FISCAL IMPACT
Funding for this project was included in the FY 2025-26 Budget. The total project amount of $516,930 needed for this project will be funded utilizing both General Funds and the Community Benefits Agreement (CBA) Fund.

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

Agenda Report June 24, 2025
AWARD OF CONTRACT - HOLIDAY LIGHTING & DECORATIONS Page 3

RECOMMENDED ACTION
Award the contract for Downtown Holiday Lighting and Decorations to T&G Global LLC DBA St. Nick’s, La Palma, California, in the amount of $469,933.01, and authorize the Mayor or her designee to execute the agreement.

Bid Date/Time:

Project/CIP:

Company Name
Option A
(Purchase)
Option B
(Rental)
1 T&G Global, LLC - St. Nicks $469,933.01 $316,424.48
2 Dekra-Lite $471,527.75 $378,957.00
3 4
5 6
7 8
9 10
11 6861 Walker St. La Palma, CA 90623
3102 W. Alton Ave. Santa Ana, CA
92704

CITY OF PARAMOUNT
Bid Opening Results
Address
4/10/25 at 11AM
Downtown Holiday Lighting
Paramount PSA (January 2025) 1

CITY OF PARAMOUNT

SERVICES AGREEMENT
(Without Professional Liability)
This Agreement is made and entered into as of the 24th of June, 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 T&G Global LLC DBA St. Nick’s Christmas Lighting & Decor a corporation with its principal place of business at 6861 Walker St., La Palma, CA 90623 (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:
______Downtown Holiday Lighting and Decorations________ all 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 $469,933.01 for the initial year and $220,439 annually thereafter. 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 inspections prior to agreeing to perform the Services. Periodic payments for undisputed work shall be made within Paramount PSA (January 2025) 2
thirty (30) days of receipt of an invoice which includes a 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 10, 2028, 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 (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.
b. 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. c. If applicable, and unless otherwise provided in the Scope of Services, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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 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 Paramount PSA (January 2025) 4
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 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 Paramount PSA (January 2025) 5
forth in this Section is in addition to all other indemnification provisions of this Agreement.

11. PERS Compliance.

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, stop notices 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 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. The provisions of this Section 13 shall survive the termination of this Agreement.

Paramount PSA (January 2025) 6

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. 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 Paramount PSA (January 2025) 7
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.
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 or made accessible to Consultant by City shall be held in confidence and Paramount PSA (January 2025) 8
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.
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”) 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 Paramount PSA (January 2025) 9
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. 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. c. 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 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 _____________________________, 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 Community Services Director, 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:

Paramount PSA (January 2025) 10
CITY:

City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Attn: Adriana Figueroa
Public Works Director
CONSULTANT:

T&G Global LLC DBA St. Nick’s
Christmas Lighting & Décor
6861 Walker Street
La Palma, CA 90623
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.

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.

Paramount PSA (January 2025) 11
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.

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 Paramount PSA (January 2025) 12
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 (January 2025) 13

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PARAMOUNT
AND [***INSERT FIRM NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF PARAMOUNT CONSULTANT: T&G Global LLC DBA St.

Nick’sChristmas Lighting & Decor
By:____________________________ By:____________________________ Peggy Lemons, Mayor

NAME, TITLE
By: ____________________________

NAME, TITLE
[Two corporate signatures required if corporation]
ATTEST:

By:___________________________
Heidi Luce, City Clerk
Paramount PSA (January 2025) Exhibit - 1

EXHIBIT A
Scope of Services

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Description of Work

1. Site Maps:
a. Exhibit A: Madison St. to Jackson St.
b. Exhibit B: Jackson St. to 70th St.

2. Note: Contractors are to verify and provide appropriate quantities of products needed for sufficient coverage of decorations throughout the City and as stated in the Description of Work.

3. Contractor shall be responsible for providing decorations and lighting for display at the following locations. All proposals shall include the following decorations:
a. West and east sides of the sidewalk from Alondra Blvd. to Jackson St. i. Wrap 56 tree trunks and branches with string lights
ii. Color: cool white
Existing:

Example:

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b. Overhead lights on Paramount Blvd. from Madison St. to 70th St. i. Single strand LED lighting (S14 Colored LED Bulbs) to be strung with starbursts (Approx. 7,000 LF length)
ii. Colors: red and cool white
Examples:

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c. Starburst lighting suspended on overhead lights on Paramount Blvd. from Madison St. to 70th St. (see 3b)
i. Qty: 60 – Size: 24” starbursts
ii. Color: red
Examples:
d. “Happy Holidays” sign strung from existing banner poles i. 2 banner pole locations:
ii. Paramount Blvd. at Alondra Blvd. and Paramount Blvd at 70th St. iii. Color: red
Examples:

Note: “Happy Holidays” sign must be visibly red during both daytime and nighttime displays.

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e. Medians from 70th St. to Madison St.
i. Wrap 32 palm trees in LED lights
ii. Colors: pattern to be red and cool white with green fronds (see example below)
Examples:

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f. Pedestrian light poles – Jackson St. to Alondra Blvd. i. Qty: 35 – Size: 5ft-7ft tall pole mounted LED lit decorations ii. Color: red and cool white decoration with alternating designs on each pole (see below for Design 1 and Design 2 decorations)
iii. Decorate each pole with garland with lights
Examples:

Design 1
Design 2

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g. Edison poles – 70th St. to Madison St.
i. 29 tall Edison poles - decorate with garland with lights from top to bottom
Existing pole:

Examples:

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h. Paramount Pond (northeast corner of Paramount Blvd. and Jackson St.) i. 3 walkway bridges – Decorate handrails with garland and lights Existing Bridge:

Example:

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i. Paramount Pond (northeast corner of Paramount Blvd. and Jackson St.) i. 4 arches – Decorate with ornaments and garland with lights Existing Archway:

Examples:

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j. Paramount Pond (northeast corner of Paramount Blvd. and Jackson St.) i. 6 light poles – wrap with lights
ii. Colors: red and cool white
Existing Light Poles:

Examples:

Note: Poles must be wrapped with enough lights to be visibly red and cool white as shown in aerial view photo (follow palm tree example).

Aerial View

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k. Paramount Pond (northeast corner of Paramount Blvd. and Jackson St.) i. Complete Christmas tree decoration (approx. 40-50ft high)

1. C9 multicolored string lights to be wrapped around tree

2. 48-inch cool white LED star tree topper

3. Provide decoration samples for base of Christmas tree

4. City will ONLY provide decorations and ornaments for tree foliage
Current Tree:

Examples:

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l. Paramount Pond (northeast corner of Paramount Blvd. and Jackson St.) i. Decorate surrounding shrubs and small trees with lights

1. Colors: green, red, and cool white
ii. Wrap trunks and tree branches with cool white twinkling lights Existing location:

Examples:

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m. Clearwater Building - 16401 Paramount Boulevard
i. Install lighting on the roofline (1st and 2nd floor)

1. Install on all four sides of the building
ii. Provide and install 60-inch wreath to fit over the front window facing Paramount Blvd.
iii. Install and provide decorative options for the Clearwater building sign iv. Colors: red and cool white
Existing building:

Examples:

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n. Clearwater building vicinity - 16401 Paramount Blvd. i. Decorate surrounding trees and shrubs
ii. Install commercial grade snowflake projector lights on building and trees to display snowflakes on the building and walking path iii. Colors: red, cool white, and green
Existing location:

Examples:

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o. Dentist office – Corner of 16299 Paramount Blvd.
i. Decorate surrounding shrubs
ii. Colors: red, cool white, and green
Existing location:

Examples:

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p. St. Luke Pharmacy – Corner of 16406 Paramount Boulevard i. Wrap and alternate 6 surrounding trees and branches with red and cool white string lights
ii. Install commercial grade snowflake projector lights to display on building and walking path along Jackson St.
iii. Colors: red and cool white
Existing location:

Example:

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q. Civic Center – 16453 Paramount Blvd.
i. Wrap 26 trees with cool white twinkle lights (located at Civic Center entrance)
ii. Wrap 47 palm trees in LED lights (pattern to be red and cool white with green fronds)
iii. Colors: red, cool white, and green
Existing location:

Examples:

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r. Civic Center – 16453 Paramount Blvd.
i. Install commercial grade snowflake projector on walking paths ii. Provide decorative ideas and install decorations throughout the center of the Civic Center
iii. City to ONLY provide cascading snowflake pole mounts for Contractor to install (approx. quantity of 18)*
EXAMPLES:

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*Installation Only

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s. Hay Tree – 16471 Paramount Blvd.
i. Provide decorative theme ideas for Hay Tree area (e.g. Candy Cane Lane)
ii. Install hanging decorations from Hay Tree
iii. Provide decorative ideas for decorating the vicinity of the Hay Tree iv. Install lit arches over walkway
Existing location:

Examples:

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4. Mandatory Job walk to take place Monday, March 17, 2025, at 10am. Job walk will meet at the City Hall entrance located at 16400 Colorado Blvd. Paramount, CA 90723. Any questions related to the job walk, contact Mario Flores at [email protected] or (562) 220-2020.

5. The Contractor shall be responsible for all aspects of Downtown Holiday Lighting (on an annual basis).

6. Contractor shall provide high quality and durable brand of lights.

7. Contractor shall be liable for any and all losses incurred by the City as a result of the Contractor’s failure to comply with this specification and such costs shall be deducted from monies owed to the Contractor.

8. Proposal:
a. Proposal shall include cost options for the following:
i. Option A – Purchase:

1. Contractor shall provide a breakdown of costs for purchase of all decorations and lighting, storage, installation,
maintenance, replacement, and removal and an;
ii. Option B – Rental (on an annual basis):

1. Contractor shall provide a breakdown of costs for rental of all decorations to be installed and then removed by contractor. b. The City shall review and select either Option A or B. c. Proposal must include specified products above or an approved equal. If providing an alternative, details should be specified in the Bid Proposal Sheet under “Proposed Alternative” sections.
d. Contractor must provide photos, renderings, and any other samples from other cities or local public agencies to showcase their holiday decorations and lighting expertise.
e. Contractor must provide clear photos of all products to be used and renderings of what the location will look like lit up with the products. i. If the Contractor is providing alternatives, Contractor must provide clear photos of alternative products and renderings of those products in City view.

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9. Client References:
a. Contractor must provide a minimum of three (3) references having provided similar services performed (references must be from local government agencies/clients) within the last five (5) years. Any missing information shall deem this proposal as incomplete. Information shall include:
i. Client name, client contact person, address, telephone number, and email address
ii. Type(s) of decorations and lighting provided in detail, along with list of locations
iii. Renderings/sample photos of product(s) used
iv. Renderings/sample city photos showcasing how product(s) look during the daytime and nighttime

10.Installation, Display, and Removal Periods:
a. Installation shall begin Monday, November 3, 2025
b. Must be completed no later than end of day Sunday, November 30, 2024 i. Note: Lights are required to be tested to ensure operation on the week of November 17.
ii. Lights will not be officially on until the week of December 1, 2025. c. All holiday lighting and decorations must be completely removed no later than end of day on January 9, 2026. Liquidated damages shall apply past January 9, 2026.
d. Large Christmas tree at Paramount Pond will be turned on at the official tree lighting ceremony, date will be forthcoming.
e. Lit decorations should be on timers to remain on during the scheduled hours as provided by the City.

11.Equipment:
a. Contractor is required and responsible to supply all lifts, equipment, labor, and other materials necessary to safely and successfully complete the project. This includes the installation, maintaining, and removal of decorations and lighting unless other options are mutually agreed upon between the City and the Contractor.

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12.Point of Contact / Project Manager:
a. Contractor must provide a project manager and main point of contact that is required to be on site at all times during working hours. Contractor must provide the qualifications and contact information/details for this person.

Project Manager and main point of contact must:
i. Be a “seasoned” personnel
ii. Have a minimum of three (3) years of experience with holiday decoration and lighting projects
iii. Be available and able to communicate by email and/or phone during the duration of the project

13.The City’s General Operating Hours:
a. The City’s general operating hours are from 7:30 a.m. to 5:30 p.m. (Monday through Thursday) and 7:30 a.m. to 5 p.m. (Friday), excluding City holidays. b. During general operating hours, the Contractor shall respond via email or phone to the City’s requests, as soon as possible. Work shall be scheduled as soon as possible but completed within a maximum of 48 hours of the initial inquiry, unless specifically authorized by the Public Works Operations Manager. Contractor shall notify the Public Works Operations Manager, or designee, as soon as the work is scheduled and provide updates regarding estimated completion time.
c. Contractor shall respond to maintenance, repairs, safety issues within 24 hours of initial contact.

14.Safety Precautions:
a. Contractor to provide traffic control for any lane closures necessary for decorating and any other aspect as necessary.
b. Contractor is responsible and liable for any damages done to decorations, lighting, and City property during the installation, maintenance, or removal processes. Any damage to public and private property shall be the responsibility of the contractor and shall be repaired and/or replaced at no additional cost to the City.

15.Working Hours:
a. Contractor shall work during weekdays, weekends, and evenings to complete the project.

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b. Contractor to provide a working schedule, to include a list of employees working the project, to the Operations Manager or designee for approval of working days and hours.
c. Installation of all string lights and palm trees on medians to take place after 7pm to minimize traffic concerns.

16.Additional City Requests:
a. The Contractor shall submit a detailed cost estimate (including labor, materials, and equipment costs) for any additional City requests and obtain Operations Manager approval prior to scheduling of the service. b. The Public Works Operations Manager may designate authority to other City staff e.g., Facilities Supervisor.

17.During the duration of this contract, the City’s requirements may change. The Contractor must be prepared to adjust schedules and work patterns on a temporary or permanent basis as necessary. The Contractor shall also perform such extra work as may be necessary to maintain City standards.

18.The City reserves the right to change, add-on, remove, etc. any item(s) on a yearto-year basis.

19.Maintenance:
a. Contractor must maintain the lights and decorations throughout the display period to ensure all lights are on and functioning properly. b. Contractor is responsible for providing any and all ongoing support, safety, troubleshooting, fixing, and repairing of any issues as required. c. Contractor is responsible for ensuring that all decorations are properly secured, staked down, or for providing recommendations on how to securely anchor decorations and lighting to prevent their removal or displacement.
d. Contractor is responsible and must ensure that all connections and cords used are the appropriate length without any excess and that all cords are reinforced, taped, or as recommended by the Contractor with nondistracting covers to prevent being unplugged, vandalized, or stolen. e. All malfunctioning lights that occur during this period must be repaired within a reasonable time, not to exceed two (2) calendar days from the time of notice of malfunctions.

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i. Please provide contact information for your maintenance staff to facilitate contact regarding any display problems, as needed. ii. Contractor shall maintain a sufficient supply of extra lights, materials, decorations, and products to be used as needed for repairs or replacements throughout the duration of the project.

20.Disposal of Waste
a. Contractor shall make arrangements to dispose of any and all waste from the work being performed.
b. All areas of display must be kept clean and free from any debris, e.g. zip ties, tape, etc. before, during, and after removal of decorations.

21.Terms of Agreement:
a. The term of the Agreement shall be for three (3) years with the option to renew administratively for two (2) one-year extensions. The Agency, at its sole discretion, shall have the option to terminate and/or renew based upon the terms and conditions as provided in the Agreement, subject to price modifications that have been agreed upon by the Agency and Contractor pursuant to the provisions of these Specifications.
b. Contractor must adhere to proposed pricing for duration of the agreement (initial 3 years).

22.Accommodation of Operations:
a. During the project, it is possible that staff and the public will be within the surrounding areas. Appropriate measures must be taken to minimize disruptions to all members of the public and pedestrians present during business hours. Contractor shall ensure that work does not interfere with the public.

23.All questions related to this RFP can be directed to Celina Sanchez at [email protected].

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24.MILESTONES:

ITEM DEADLINE (may be subject to change)
Mandatory Job Walk March 17, 2025 at 10AM
Last day to submit Request for Information March 28, 2025 City Response to Request for Information April 4, 2025
Bid Due Date April 10, 2025 at 11AM
Interviews Week of April 21, 2025
Recommendation to City Council May 13, 2025

25.Evaluation Process / Procedures:
a. Once all interested vendors have submitted their proposals, the City will evaluate each proposal and may invite prospective vendors to a formal interview, which will be conducted throughout the week of April 21, 2025.

During the interview, the City’s main objectives are to discuss and clarify proposal information, discuss the abilities, capacities, and skill of the vendor, and what types of methodologies will be used to ensure successful performance and completion of the project.
b. The successful vendor shall be determined by reputation, ability, references, quality of supplies and equipment, and price. It is the City’s intention to select a vendor that best meets the criteria as stated above, as well as the requirements as stated herein.
c. Once interviews have been completed, please allow up to 2 weeks for review, scoring, and evaluation. Once a vendor has been selected, the City and the vendor will develop a schedule of when work shall begin and submit the necessary documents to execute an agreement and initiate the project.

26.Selection:
a. The City of Paramount reserves the right to award this RFP to the respondent who presents a proposal that best meets the requirements as listed herein and represents the most beneficial procurement as determined by the City. If an agreement is not reached within a reasonable period, the City may pursue negotiations with the next ranked firm or reissue the RFP altogether.

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EXHIBITS

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Paramount PSA (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:

Paramount PSA (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; (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. 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 named as additional insureds on such policy.

D. 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 the coverage is maintained on a claims-made basis, the Vendor shall maintain such coverage for an additional three (3) years following termination of the contract.

E. For Commercial General Liability and Commercial Automobile Liability (CGL Coverage): The City will be named as an additional insured, under the commercial general liability (“CGL”) liability insurance policy coverage, for all liability arising out of the operations by or on behalf of the named insured, and this CGL liability 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.

Paramount PSA (January 2025) Exhibit C - 2
(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 self-insurance and shall be at least as broad as CG 20 01 04 13.

F. 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 policy is canceled or reduced, 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.

Paramount PSA (January 2025) Exhibit C - 3

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 (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 self-insure 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: Adriana Figueroa, Public Works Director
Date: June 24, 2025
SUBJECT: NEIGHBORHOOD STREET RESURFACING 2025 (CITY PROJECT NO. 9531) – APPROVAL OF PLANS AND SPECIFICATIONS, AWARD OF

CONTRACT, AND FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE
CLASS 1 CATEGORICAL EXEMPTION

BACKGROUND
Each year, the City allocates funding for neighborhood street resurfacing. This includes grinding down the asphalt and repaving streets, replacing damaged curb and gutter, repairing sidewalks, slurry seal pavement, and the installation of Americans with Disabilities Act (ADA) curb ramps to ensure proper access for all pedestrians. Repairs are planned based on the recommendations of the Pavement Management System (PMS), a report completed by our City Engineering firm, Willdan Engineering. The PMS report is a comprehensive review of the condition of all city streets within Paramount boundaries and identifies those streets in most need of repair.

The adopted Fiscal Year 2024-25 budget includes Capital Improvement Project No. 9531 under which the following streets will be resurfaced:

Street Location Beginning End
Jefferson Street Garfield Avenue Georgia Avenue
San Jose Street Somerset Boulevard Myrrh Street

DISCUSSION
On April 3, 2025, the City published the Request for Proposals in the Paramount Journal and on the City’s website.

On Tuesday, May 13, 2025, the Director of Public Works opened and examined the bids for the Neighborhood Streets Resurfacing 2025 (CIP No. 9531) project. The bids were opened at 10:00 AM at the City Hall Chambers.

Agenda Report June 24, 2025
AWARD OF CONTRACT - CITY PROJECT NO. 9531 Page 2
Five (5) bids were received and analyzed for completeness of the required documentation, licensing, Department of Industrial Relations registrations, and other requirements. Upon review of the proposals, the apparent low and responsible bid was deemed to be All American Asphalt in the amount of $1,697,638.

Cost
The following is a breakdown of the estimated project construction costs:

Project: $1,697,638.00
Contingency (10%): $ 169,763.80
Total: $1,867,401.80
Consideration of this item was continued from the June 10, 2025 City Council meeting.

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 1 Categorical Exemption as it involves improvements to existing streets, driveway approach, sidewalks, curb and gutter, and curb ramps.

FISCAL IMPACT
The proposed funding adjustment will increase the project budget under CIP No. 9531 by $577,635, raising the total project budget to $2,427,635. This increase is necessary to cover a $267,410 construction funding shortfall due to higher-than-anticipated bid prices and includes contingency, and $310,225 for construction management services. The current Capital Improvement Program (CIP) budget includes an appropriation of $1,850,000 for Fiscal Year 2024-25, funded as follows:
• $ 1,250,000 – SB1 (RMRA) Funds (227)
• $ 600,000 – Measure R Funds (223)
The additional appropriation of $577,635 is requested for Fiscal Year 2025-26, funded as follows:
• $ 261,009 – Measure R Funds (233)
• $ 316,626 – SB1 (RMRA) Funds (227)
No fiscal impact on the General Fund is anticipated.

Agenda Report June 24, 2025
AWARD OF CONTRACT - CITY PROJECT NO. 9531 Page 3

RECOMMENDED ACTION
1) Appropriate $577,635 in Fiscal Year 2025-26, in which $261,009 is Measure R Funds and $316,626 is SB1 (RMRA) Funds; 2) Approve the plans and specifications as detailed in the bid documents, with respect to design criteria; 3) Find the project exempt from CEQA; and 4) Award the contract for Neighborhood Streets Resurfacing 2025 (City Project No. 9531) to All American Asphalt, Corona, California in the amount of $1,697,638, and authorize the Mayor or her designee to execute the agreement.

Bid Date/Time:

Project/CIP:

Company Name Amount
1 All American Asphalt $1,697,638.00
2 Sequel Contractors Inc. $1,727,212.00
3 Hardy & Harper Inc. 32 Rancho Circle,
Lake Forest, CA $1,730,000.00
4 Palp, Inc. DBA Excel Paving $1,938,528.00
5 Onyx Paving Company Inc. $1,996,000.00
6$
7$
8$
9$
10 $
11 $
12 $
13 $
14 $
15 $
16 $
17 $
18 $
19 $
20 $
13546 Imperial Hwy Santa Fe
Springs, CA 90670
2230 Lemon Ave. Long Beach, CA
90806
2890 E. La Cresta Ave. Anaheim, CA
92806
PO Box 2229, Corona, CA 928778
CITY OF PARAMOUNT
Bid Opening Results
Address
5/13/25 / 10:00 AM
Neighborhood Street Resurfacing / 9531

CENTURY FREEWAY AND RAIL
LOS

ANGELES

RIVER LONG

FREEWAY
BEACH SO. CALIFORNIA EDISON R/W DWP R/W

DWP R/W
MTA R/W PORT OF LONG BEACH / UNION PACIFIC R/R SOMERSET E. ALONDRA (STATE HY.) BLVD. S. LAKEWOOD S. DOWNEY S. DOWNEY BLVD. E. ALONDRA AVE. S. LAKEWOOD BLVD. BLVD. BLVD. (STATE HWY.) S. DOWNEY BLVD. AVE. SOMERSET BLVD. E. CENTURY BLVD. E. CENTURY AVE. E. ROSECRANS
S. DOWNEY AVE. AVE.

E. ROSECRANS AVE. BLVD.

E. CENTURY
GARDENDALE S. PARAMOUNT BLVD. S. PARAMOUNT BLVD. S. PARAMOUNT BLVD. BLVD. AVE. BLVD. S. PARAMOUNT BLVD. S. ORANGE S. ORANGE S. GARFIELD E. ALONDRA AVE. AVE. BLVD. E. ALONDRA BLVD. N. ATLANTIC N. ATLANTIC PL.

S. HUNSAKER
E. ALONDRA AVE. AVE. SOMERSET S. ORANGES. GARFIELD
BVLD. SOMERSET BLVD.

E. ROSECRANS AVE. E. ROSECRANS AVE. AVE.

AVE. SOMERSETE. ROSECRANS S. GARFIELD ORANGE
AVE. AVE. S. GARFIELD
E. CENTURY AVE.

S. DOWNEY
AVE.

E/S ONLY S. GARFIELD
JEFFERSON ST SHEET NO. DESCRIPTION
FOR

CITY OF PARAMOUNT

CONSTRUCTION PLANS

CALIFORNIA

NEIGHBORHOOD STREET RESURFACING
2025
CITY PROJECT NO. 9531

VICINITY MAP
SHEET NO. 1
SHEET NO. 2

TITLE SHEET

TYPICAL SECTIONS AND MISCELLANEOUS DETAILS

NEIGHBORHOOD STREET RESURFACING
2025
SHEET NO. 4 STREET IMPROVEMENTS ON JEFFERSON ST
SHEET NO. 5 STREET RESURFACING ON JEFFERSON ST

ABBREVIATIONS

TITLE SHEET

PUBLIC UTILITIES CONTACTS

APPROVED BY

PUBLIC WORKS

DIRECTOR
Know what'sbelow.

Callbefore you dig.
® 1 6
SHEET NO. 3 SIGNING AND STRIPING DETAIL

PROJECT LOCATION
SHEET NO. 6 SIGNING & STRIPING ON SAN JOSE AVE
GENERAL NOTES:

GENERAL REMOVAL NOTES:

GENERAL NOTES - SIGNING AND STRIPING:

PROJECT LOCATION

THE CITY
Safe, Healthy, and Attractive

DETAIL B

SLOT PAVEMENT

CONSTRUCTION NOTES

CONSTRUCTION LEGEND
2 DETAIL A

SAWCUT AT SPANDREL OR CROSS GUTTER

NEIGHBORHOOD STREET RESURFACING
2025

TYPICAL SECTIONS AND

MISCELLANEOUS DETAILS

TYPICAL STREET SECTION
Know what'sbelow.

Callbefore you dig.
® 6
DETAIL "C" INTERSECTION STRIPING DETAIL DETAIL "E" INTERSECTION CROSSWALK DETAIL DETAIL "D" INTERSECTION CROSSWALK DETAIL DETAIL "F" INTERSECTION CROSSWALK DETAIL DETAIL "G" JEFFERSON ST AT GARFIELD AVE INTERSECTION STRIPING DETAIL (EAST LEG) DETAIL "I" "STOP AHEAD" PAVEMENT LEGEND DETAIL DETAIL "H" RAILROAD CROSSING PAVEMENT LEGEND DETAIL 3 SIGNING AND STRIPING DETAILS Know what'sbelow. Callbefore you dig. ® 6 7500 7530 15505 15504
7605 7611 7615 7619
7525 7531 15348 15333 7511 7517 7525 7531 7539 7543 15333 7500 7530 15505
7605 7611 7615
15504
7619
7517 7525 7531 7539 15333 7605 7611 7615 7619
15504 7530 15505 7500

CONSTRUCTION NOTES

CONSTRUCTION LEGEND
7618 7702
7770
7801 15332 15359 15348 7761 7743
7618 7702 7706 7710
15348 7721 15332 7743 7761
7710 7754 7760 7770
7801
7806
(THIS SHEET)

CONSTRUCTION NOTES - SIGNING AND STRIPING

JEFFERSON ST
FROM GARFIELD AVE TO STA 59+50

STREET IMPROVEMENTS
ON

JEFFERSON STREET
4 JEFFERSON ST
Know what'sbelow.

Callbefore you dig.
® 6

CONSTRUCTION NOTES

CONSTRUCTION LEGEND
7814 7822 15503
7807 15356
7820 7822 7828
7821 7827 7829 7901
7906
15359
15503
15356
15503
7807 7821 7827 7829 7901 15359 15356
7814 7820 7822 7828 15503
15357
8018

LINCOLN ELEMENTARY SCHOOL
8046 8052 8060 8066 8068 8068 8122 8126 15509
15356 8119 15355
15358
15502
8122 8126 15509
(THIS SHEET)

CONSTRUCTION NOTES - SIGNING AND STRIPING

JEFFERSON ST
FROM STA 59+50 TO GEORGIA AVE

STREET IMPROVEMENTS
ON

JEFFERSON STREET
5 JEFFERSON ST
Know what'sbelow.

Callbefore you dig.
® 6
(THIS SHEET)

CONSTRUCTION NOTES - SIGNING AND STRIPING
LEGEND

FROM SOMERSET BLVD TO MYRRH ST

SIGNING AND STRIPING
ON

SAN JOSE AVE
Know what's 6
below.

Callbefore you dig.
® 6

SAN JOSE AVE
DETAIL "J"
GENERAL NOTES - SIGNING AND STRIPING (THIS SHEET ONLY):

SPC25-12 D-1

CITY OF PARAMOUNT CONTRACT AGREEMENT FOR
NEIGHBORHOOD STREET RESURFACING 2025
PROJECT NO. 9531
This contract agreement is made and entered into for the above-stated project this 24th day of June 2025, by and between the City of Paramount, as AGENCY, and All American Asphalt, as Contractor.

WITNESSETH that AGENCY and Contractor have mutually agreed as follows:

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

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

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

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

SPC25-12 D-2

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

ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code and certifies compliance with such provisions.

Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.

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

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

SPC25-12 D-3
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.

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.

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___.

SPC25-12 D-4
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:

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

City Attorney of the City of Paramount
Date
SPC25-12 D-5

FAITHFUL PERFORMANCE BOND
FOR
NEIGHBORHOOD STREET RESURFACING 2025

IN THE CITY OF PARAMOUNT
PROJECT NO. 9531
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.

SPC25-12 D-6

MATERIAL AND LABOR BOND
FOR
NEIGHBORHOOD STREET RESURFACING 2025

IN THE CITY OF PARAMOUNT
PROJECT NO. 9531
KNOW ALL MEN BY THESE PRESENTS that ___________________________, as CONTRACTOR, and __________________________________________________, a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Paramount, as AGENCY, in the penal sum of _______________________________________ Dollars ($_______________), which is 100 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

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

Dated:

BIDDER: Name:

Address:

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

Address:

By:
(Signature)
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: Adriana Figueroa, Public Works Director
Date: June 24, 2025
SUBJECT: CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR

ANNUAL ASSESSMENT LEVY FOR LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 81-1 (ORANGE AVENUE INDUSTRIAL
PARK)

BACKGROUND
On May 13, 2025, the City Council adopted Resolution No. 25:014 approving the Engineer’s Report and Resolution No. 25:015 declaring the Council’s intention to form, levy and collect assessments for Landscape Maintenance Assessment District No. 81-1.

The City Council also set June 10, 2025, at 6:00 p.m., as the public hearing date for comments by affected property owners.

Pursuant to the Landscaping and Lighting Act of 1972, the City Clerk has given notice of the public hearing by causing a Resolution of Intention to be published and posted at least 10 days prior to the hearing date.

At the June 10, 2025 City Council meeting, Mayor Lemons opened the public hearing for this item and, by unanimous vote of the City Council, the public hearing was continued to June 25, 2025. There was no public testimony provided or protests submitted at the June 10, 2025 meeting.

DISCUSSION
Two procedural steps are necessary at this meeting. The first is to hold the public hearing to receive protests or objections in reference to the assessment and diagram and any other matters contained in the Resolution of Intention. Following the public hearing, the City Council will consider adopting Resolution No. 25:019 confirming the diagram and assessment and providing for the annual assessment levy on Landscape Maintenance District No. 81-1. The Resolution will be adopted if written protests filed and not withdrawn, do not represent property owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are overruled and denied.

Agenda Report June 24, 2025
RESOLUTION NO. 25:019 Page 2

FISCAL IMPACT
There is no additional fiscal impact to the City.

RECOMMENDED ACTION
Adopt Resolution No. 25:019, confirming a diagram and assessment and providing for annual assessment levy for Landscape Maintenance Assessment District No. 81-1.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 25:019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT

CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR

ANNUAL ASSESSMENT LEVY
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 81-1
WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a maintenance district pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972”, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a landscaping and lighting maintenance district known and designated as: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 81-1 (hereinafter referred to as the “District”); and WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to Levy and Collect Assessments for the Next Ensuing Fiscal Year relating to the above referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessment; and
WHEREAS, at this time, the City Council has heard all testimony and evidence and is desirous of proceeding with the annual levy of assessments.

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

SECTION 1. The above recitations are all true and correct.

SECTION 2. Upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are overruled and denied.

SECTION 3. This City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer’s Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.

SECTION 4. The diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council.

SECTION 5. The adoption of this Resolution constitutes the levy of the maintenance assessment for the fiscal year July 1, 2025 - June 30, 2026.

RESOLUTION NO. 25:019

Page 2 ends

SECTION 6. The estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in the Engineer’s Report, pursuant to said “Landscaping and Lighting Act of 1972”, as submitted, are hereby approved, adopted by this City Council and hereby confirmed.

SECTION 7. The maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.

SECTION 8. The City Treasurer has previously established a special fund known as:

CITY OF PARAMOUNT
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 81-1
into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.

SECTION 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.

SECTION 10. A certified copy of the assessment and diagram shall be filed in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection.

SECTION 11. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 24th day of June 2025.

Peggy Lemons, Mayor
ATTEST:

Heidi Luce, City Clerk
RESOLUTION NO. 25:019

Page 3 ends

APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 25:019 passed and adopted by the City Council of the City of Paramount at a regular meeting held on the 24th day of June 2025.

Heidi Luce, City Clerk
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I- 710
Orange
Ave
Rosecrans Ave
Long
Beach
Fwy
I- 105 Century Fwy
Phillips
Ave
Walthall Way
Edge
broo
k
Ave
de Bie Dr
Gundry Ave
I- 105
Rosecrans Ave
Long
Beach
Fwy I- 710
City of Paramount
Landscape Maintenance District No. 81-1
.

Legend
LMD No. 81-1
City Boundary
Assessor's Parcel Number Map ID
6236-033-019 1
6236-033-020 2
6236-033-030 3
6236-033-034 4
6236-033-036 5
6236-033-039 6
6236-033-041 7
6236-033-044 8
6236-033-046 9
6236-034-010 10
6236-034-013 11
6236-034-015 12
6236-034-018 13
6236-034-019 14
6236-034-022 15
6236-034-023 16
6236-034-024 17
6236-034-025 18
6236-034-026 19
6236-034-037 20
6236-034-039 21
6236-036-050 22
6236-036-052 23
6236-036-053 24
6236-036-058 25
6236-036-063 26
6236-036-064 27
6236-036-065 28
6236-036-069 29

To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: June 24, 2025
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT CONDEMNING THE PRESENCE AND CONDUCT OF U.S. IMMIGRATION

AND CUSTOMS ENFORCEMENT (ICE) IN THE CITY AND REAFFIRMING PARAMOUNT’S COMMITMENT TO A SAFE, INCLUSIVE, AND

WELCOMING COMMUNITY FOR ALL RESIDENTS

BACKGROUND
During the June 17, 2025 City Council meeting closed session, City Council gave direction to City staff to prepare a resolution affirming the City’s position on the recent immigration activity impacting the region and affirming Paramount’s commitment to the community.

DISCUSSION
in response to City Council’s request, staff has prepared the attached Resolution No. 25:027. As shown in the document, by adopting the resolution, the City Council stands by the following:

1. Strongly condemns the increased presence and enforcement activities of ICE within the City’s jurisdiction, including the use of facilities for training or operations that disproportionately target immigrant and marginalized communities.

2. Requests an end to the federal government’s harmful enforcement practices that separate families and destabilize communities, and to pursue humane and just immigration policies

3. Urges the Department of Homeland Security to cease immigration raids in our City and calls on the owner of this property to take action to limit the impacts of this facility on the community.

4. Calls on Congresswoman Nanette Barragán and United States Senator Adam Schiff to take immediate action to limit the use of the DHS facility in Paramount for immigration enforcement purposes.

Agenda Report June 24, 2025
RESOLUTION NO. 25:027 Page 2

5. Affirms Paramount’s unwavering commitment to being a safe, inclusive, and welcoming city for all residents—regardless of immigration status and calls upon all agencies operating within city limits to respect the civil and human rights of every individual.

6. Commits to working collaboratively to explore, fund, and implement programs and partnerships that support the health, safety, and well-being of all community members, particularly those most at risk due to federal immigration enforcement actions.

7. Continue to research and evaluate all available lawful actions to address the past and ongoing nuisance and safety concerns caused by the DHS facility in Paramount.

8. As follow-up to the June 10, 2025 City Council meeting where City Council unanimously approved funding to directly support immigration-related humanitarian resources to assist those in need, this evening, the Council will consider adopting a new Immigration Humanitarian Services program for Paramount community members in the amount of $100,000.

FISCAL IMPACT
None

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

RECOMMENDED ACTION
Adopt Resolution No. 25:027 condemning the presence and conduct of U.S. Immigration and Customs Enforcement (ICE) in the City and reaffirming Paramount’s commitment to a safe, inclusive and welcoming community for all.

REVISED 06-24-2025

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 25:027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT CONDEMNING THE PRESENCE AND CONDUCT OF U.S.

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) IN THE CITY AND REAFFIRMING PARAMOUNT’S COMMITMENT TO A SAFE, INCLUSIVE,

AND WELCOMING COMMUNITY FOR ALL RESIDENTS
WHEREAS, the City Council of the City of Paramount recognizes that the United States of America was built by immigrants, and our country and community are strongest when we embrace the diversity, culture, and contributions of all individuals; and WHEREAS, the City of Paramount is home to a diverse population, including immigrants, refugees, and individuals of all national origins, ethnicities, and immigration statuses; and
WHEREAS, the City of Paramount affirms its support for non-criminal immigrants who are integral to the social, cultural, and economic fabric of our city; and WHEREAS, immigrants in Paramount contribute meaningfully across all sectors, including working as essential workers, small business owners, educators, health care providers, service industry professionals, and volunteers supporting our youth, faith institutions, and civic life; and
WHEREAS, countless immigrant families in Paramount have lived in the community for decades, raising children, contributing to local schools, maintaining vibrant neighborhoods, and helping to drive the city’s economy; and WHEREAS, immigrant-owned small businesses help energize Paramount’s commercial corridors, creating jobs and economic growth that benefit all residents; and WHEREAS, the City of Paramount recognizes that the rich cultural diversity of our immigrant population enhances community life through festivals, traditions, and multilingual services that foster mutual respect and understanding; and WHEREAS, the City Council is proud to serve a City built upon the values of inclusion, compassion, and the shared experiences of its people; and WHEREAS, recent immigration enforcement actions and visible presence of ICE agents in the region have caused fear, uncertainty, distress, and disruption among many community members, particularly within the City’s immigrant population; and WHEREAS, the City of Paramount deeply values every member of its immigrant community and strongly objects to enforcement actions that target individuals who are working hard to seek safety, stability, and opportunity, living peacefully and crime-free, and contributing positively to the City’s well-being and prosperity; and RESOLUTION NO. 25:027

Page 2 ends

WHEREAS, the City Council is deeply troubled that families and entire neighborhoods are being torn apart, suffering the consequences of a broken federal immigration system; and
WHEREAS, the City Council empathizes with and supports all community members who are feeling fear and uncertainty because of these enforcement activities; and
WHEREAS, the City of Paramount is united in affirming what has always been true about our community: that Paramount is a safe, inclusive, and welcoming place for all regardless of immigration status and every resident of Paramount deserves dignity, respect, and the opportunity to thrive without fear; and WHEREAS, immigration enforcement presence has prompted widespread outcry, public demonstrations, and has resulted in damage to public and private property which threaten public safety; and
WHEREAS, the City of Paramount has experienced other negative impacts attributed to the increased federal immigration enforcement in the region including, but not limited to, safety concerns from the excessive presence of federal agents along the local Department of Homeland Security (DHS) facility’s perimeter, causing alarm among the community, and resulting in people afraid to leave their homes, unable to carry on with their daily activities; and
WHEREAS, the City of Paramount stands for compassion, unity, and action, and the City Council affirms its commitment to continue listening to, uplifting, and standing with all members of the community; and
WHEREAS, the City of Paramount is actively working to identify services, programs, and partnerships to help protect, inform, and assist our most vulnerable residents; and
WHEREAS, the City Council acknowledges that the enforcement of the nation’s immigration laws is a federal responsibility, and that local resources are not used to assist with immigration enforcement pursuant to the California Values Act (Gov Code. §§ 7284 et seq.); and
WHEREAS, the City Council believes that local resources are best used to build trust between communities and public safety officials and not to facilitate immigration enforcement; and
WHEREAS, the City of Paramount has explored various legal options to determine whether the City could compel ICE to cease operations within City limits; and RESOLUTION NO. 25:027

Page 3 ends

WHEREAS, after careful legal analysis, the City concluded that federal preemption under the Supremacy Clause of the U.S. Constitution, Article VI, Clause 2, significantly limits local authority to regulate or expel federal agencies operating within the City, and that any attempt to interfere with DHS’s tenancy would likely be unlawful or unenforceable; and
WHEREAS, the City of Paramount believes that the use of this facility by ICE is inappropriate in a residential and community-centered city like Paramount and that its continued operation in this capacity is inconsistent with the values of the community; and WHEREAS, the City of Paramount seeks to maintain its character as a welcoming city, and supports the right of all individuals to live free from intimidation, discrimination, and fear, and to access city services regardless of immigration status; and WHEREAS, the City of Paramount has requested assistance from U.S.

Congresswoman Nanette Barragán and U.S. Senator Adam Schiff to obtain information and clarity from DHS regarding the current and future use of its facility located within the City; and
WHEREAS, the City of Paramount is committed to protecting the rights, dignity, and safety of all residents, regardless of immigration status, and commits to upholding the California Values Act; and
WHEREAS, the City of Paramount and its law enforcement partner (LA County Sheriff’s Department) do not participate in immigration enforcement activities, do not assist U.S. Immigration and Customs Enforcement (ICE) with raids, and do not enforce federal immigration laws, which are outside the scope of local policing; and WHEREAS, local law enforcement cannot interfere with, and State and Local laws cannot regulate, Federal ICE agents from carrying out Federal immigration enforcement duties; and
WHEREAS, the separation between local policing and federal immigration enforcement is essential to maintaining trust between immigrant communities and public safety officials, and to ensuring that all residents feel safe in reporting crimes and seeking assistance without fear of immigration consequences; and WHEREAS, the City Council acknowledges the pain, anger, and fear expressed by many members of the community in response to the increased ICE activity, and recognizes its responsibility to speak out against practices that undermine the well-being and cohesion of the City; 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.

RESOLUTION NO. 25:027

Page 4 ends

SECTION 2. Therefore, the City Council hereby declares as follows:

1. The City Council strongly condemns the increased presence and enforcement activities of ICE within the City’s jurisdiction, including the use of facilities in Paramount for training or operations that disproportionately target immigrant and marginalized communities.

2. The City Council calls on the owner of the property in Paramount where DHS offices are located to take action to limit the impacts of this facility on the community.

3. The City Council calls on U.S. Congresswoman Nanette Barragán and U.S.

Senator Adam Schiff to take immediate action to limit the use of the DHS facility in Paramount.

4. The City Council condemns the use of masks and unidentified vehicles by ICE agents during their immigration enforcement actions in community settings.

5. The City Council calls upon DHS and ICE to immediately adopt policies that allow local law enforcement and residents to easily identify an ICE agent engaged in immigration enforcement activities.

6. The City Council urges Congresswoman Nannette Barragan to sponsor legislation that would prohibit ICE agents from wearing masks or use unmarked vehicles when engaged in immigration enforcement activities in community settings.

7. The City Council supports SB 805, the No Vigilantes Act, as a common sense measure to protect public safety and stop law enforcement impersonators, and directs City staff to take all actions necessary to express the City Council’s support for this state bill.

8. The City Council requests an end to the federal government’s harmful enforcement practices that separate families and destabilize communities, and to pursue humane and just immigration policies.

9. The City Council affirms Paramount’s unwavering commitment to safety, inclusivity, and welcome for all residents—regardless of immigration status— and calls upon all agencies operating within city limits to respect the civil and human rights of every individual.

10.The City commits to working collaboratively to explore, fund, and implement programs and partnerships that support the health, safety, and well-being of all community members, particularly those most at risk due to federal immigration enforcement actions.

RESOLUTION NO. 25:027

Page 5 ends

11.The City will continue to research and evaluate all available lawful actions to address the past and ongoing nuisance and safety concerns caused by the DHS facility in Paramount.

12.The City Council at its June 10, 2025, meeting unanimously approved funding to directly support immigration-related humanitarian resources to assist those in need.

13.At its June 24, 2025 meeting, the City Council will consider adopting a new Immigration Humanitarian Services program for Paramount community members in the amount of $100,000.

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 24th day of June 2025.

Peggy Lemons, Mayor
ATTEST:

Heidi Luce, City Clerk
HTTPS://PARAMOUNTCITY1957.SHAREPOINT.COM/SITES/CITYMANAGERS/SHARED DOCUMENTS/CITY CLERK/AGENDA/RESO/RESOLUTION NO. 25 027.DOCX;6/24/2025 2:26 PM
To: Honorable City Council
From: John Moreno, City Manager
By: Yecenia Guillen, Community Services
Director
Date: June 24, 2025
SUBJECT: IMMIGRATION HUMANITARIAN SERVICES PROGRAM
An oral report will be presented regarding the proposed Immigration Humanitarian Services Program.

To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Date: June 24, 2025
SUBJECT: CITY PROSECUTOR LEGAL SERVICES FOR THE CITY’S CODE

ENFORCEMENT PROGRAM AND CONSIDERATION OF LEGAL

SERVICES AGREEMENT WITH JONES MAYER TO PERFORM CITY

PROSECUTOR SERVICES

BACKGROUND
The City’s Code Enforcement Division handles an average of approximately 1,250 cases each year addressing issues including public blight, safety and environmental hazards, and various municipal code violations. The City has long maintained a policy of obtaining voluntary compliance for the enforcement of these violations through a concerted education and accountability campaign that enacts the least punitive measures possible to affect the required adherence to the code. In cases where property owners are willing but unable to comply due to financial or other hardships, the Code Enforcement Division even assists individuals by granting time extensions, involving community volunteer groups, or researching and recommending applicable assistance programs to find innovative solutions to the underlying violations. The success of this approach is evident in the Division’s case closure rate whereby Code Enforcement achieves effective voluntary compliance in approximately 95% of its cases. In the remaining 5% of cases, additional enforcement actions are pursued and implemented, such as administrative fines or criminal prosecution. For the few cases in which all other mitigation measures have been exhausted and prosecution is necessary, an attorney's services are required to aid us in securing effective resolutions.

DISCUSSION
As part of the procurement process for these City Prosecutor services, a Request for Proposal (RFP) was published on the City of Paramount’s website on Thursday, April 10, 2025. Additionally, the City directly solicited RFPs from nine (9) firms with experience providing local governmental City Prosecution services to other similar municipalities in our region. The proposals were due to the Public Safety Director by Thursday, May 1, 2025, and a total of three firms submitted complete and qualifying proposals by the deadline. The proposals received included bids from Burke, Williams & Sorensen, LLP; Dapeer, Rosenblit, Litvak, LLP; and Jones Mayer.

Agenda Report June 24, 2025
AGREEMENT FOR CITY PROSECUTOR LEGAL SERVICES Page 2
After a thorough evaluation process that included interviews and a review of each firm’s pricing, experience, approach, and personnel qualifications, the Public Safety Department determined that while each firm had the necessary qualifications to provide the required services, Jones Mayer was the most qualified among the three competing firms.

Jones Mayer originated as the Law Offices of Shay, Stirling, Jones & Jones in the mid1960s. In 1986, it became the Law Office of Richard D. Jones, which then merged with Mayer & Coble in 2001 to form its current iteration of Jones & Mayer. In 2022, the firm rebranded as Richard D. Jones, A Professional Corporation, which operates as a "doing business as" (dba) of Jones Mayer.

Numerous other cities throughout California rely on Jones Mayer for comprehensive City Prosecutor services similar to the ones that the City is seeking, including the following municipalities in our region: Baldwin Park, Brea, Clearlake, Costa Mesa, Encinitas, Fullerton, La Habra, Lakewood, Napa, Newport Beach, Placentia, West Covina, Whittier, and Westminster.

Jones Mayer's approach to support Code Enforcement aims to resolve disputes informally to preserve public resources but pursue criminal prosecution when necessary to abate egregious or persistent cases. The attorneys at Jones Mayer have extensive experience in this area, handling cases that range from complex nuisance abatement matters to the prosecution of cases that originate from all city departments, including code enforcement, police, fire, zoning, and finance.

Jones Mayer also provides legal consultation on a number of matters relevant to City services, including seeking inspection warrants, handling permit suspensions or revocations, and the firm manages these issues from the initial investigation through the appellate stage. They recognize that the City prefers a diplomatic approach to code enforcement and have demonstrated a willingness and ability to participate in and achieve this goal.

Due to their extensive experience and shared enforcement philosophy, we recommend contracting with Jones Mayer and designating Associate Veronica Donovan as the Team Leader for Prosecution Services for the City. Ms. Donovan has practiced law for over 10 years, including five years exclusively dedicated to municipal law and her background provides her with the specialization, legal training, and practice necessary to evaluate our code enforcement cases effectively.

The service agreement between the City and Jones Mayer is attached for your review.

Agenda Report June 24, 2025
AGREEMENT FOR CITY PROSECUTOR LEGAL SERVICES Page 3

FISCAL IMPACT
The cost proposal details for Jones Mayer includes $275 per hour for attorney services and $150 per hour for paralegals and law clerks. The Code Enforcement Division has an annual budget allocation of $100,000 under 111-3123-5155 to cover the services provided at these rates.

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 1: Safe Community - Provide a safe place to live, work, and visit.

RECOMMENDED ACTION
Approve and authorize the City Manager or his designee to enter into an agreement with Jones Mayer for City Prosecutor legal services for the City’s Code Enforcement Program.

PROFESSIONAL SERVICES AGREEMENT
(With Professional Liability)
This Agreement is made and entered into as of July 1, 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 Richard D. Jones, A Professional Corporation DBA Jones Mayer with its principal place of business at 3777 North Harbor Blvd., Fullerton, CA 92835 (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:

City Prosecutor legal services in support of the City’s Code Enforcement Program, as more fully set forth and described in this Agreement.

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.

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 inspections 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 Paramount PSA_Prof Liability (January 2025) 2
includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

4. Maintenance of Records.

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. Upon mutual agreement by both parties, this agreement may be extended for up to three (3) additional one-year terms at the conclusion of the initial term. The City Manager is hereby authorized to approve such extensions on behalf of the City. 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.

1. 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.

2. 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.
b. 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. c. If applicable, and unless otherwise provided in the Scope of Services, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care.

9. Assignment and Subcontracting.

10. Independent Contractor.

Consultant shall be solely responsible for the satisfactory work performance of all Paramount PSA_Prof Liability (January 2025) 4
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 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 Paramount PSA_Prof Liability (January 2025) 5
forth in this Section is in addition to all other indemnification provisions of this Agreement.

11. PERS Compliance.

12. Insurance.

Paramount PSA_Prof Liability (January 2025) 6

14. 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, once a breach is determined and the confirmed. Thereafter, Consultant shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.
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). a. Consultant does use cloud storage that meets the above requirements. City provides consent.

15. 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.

Paramount PSA_Prof Liability (January 2025) 7

16. Laws and Venue.

17. 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.

18. 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”) 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 Paramount PSA_Prof Liability (January 2025) 8
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. 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. c. 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 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.

19. Party Representatives.

Consultant hereby designates Veronica Donovan, Team Leader for Prosecution Services, 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 Margarita Matson, Public Safety Director, 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.

20. Notices.

Paramount PSA_Prof Liability (January 2025) 9
CITY:

City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Attn: Margarita Matson,
Public Safety Director
CONSULTANT:

Jones Mayer
3777 North Harbor Blvd.

Fullerton, CA 92835
Attn: Veronica Donovan,
Team Leader for Prosecution Services
and shall be effective upon receipt thereof.

21. 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.

22. Equal Opportunity Employment.

23. Entire Agreement.

24. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render any other provisions unenforceable, invalid or illegal.

25. 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 Paramount PSA_Prof Liability (January 2025) 10
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.

26. Non-Waiver.

27. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

28. 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.

29. Interest of Consultant.

30. Interest of Subcontractors.

31. 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 Paramount PSA_Prof Liability (January 2025) 11
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) 12

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PARAMOUNT

AND JONES MAYER
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF PARAMOUNT CONSULTANT: JONES MAYER
By:____________________________ By:____________________________ Peggy Lemons, Mayor RICHARD D. JONES, PRESIDENT
By: ____________________________

SECOND CORPORATE SIGNATURE
[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
General Description:

Provide City Prosecutor legal services in support of the City of Paramount’s Code Enforcement Division, handling prosecution of code violations when informal measures do not achieve voluntary compliance. Consultant uses cloud-based storage that meets City’s requirements for security and redundancy. Services include:
• Provide consultation with City staff and determine enforcement actions to be undertaken on each case.
• With the City direction, prosecute municipal code violations including notice to appear citations. This includes setting up court dates for the purpose of arraignment or hearing. • Prepare correspondence with individuals thought to have violated the municipal code. • Investigate and advise staff regarding open code enforcement cases. • Conduct office conferences and send notices of violation. • Draft pleadings, file complaints, arrange for service of warrants and subpoenas, court appearances, trails, and private investigations as required. • Prepare, file and prosecute criminal cases (misdemeanor and infractions). • Prepare, file, and prosecute civil injunction and nuisance abatement cases. • Consult with Code Enforcement Officers, City staff and City Attorney regarding code compliance program and implementation of City’s code enforcement policies. • Provide monthly invoices along with a detailed listing of City Prosecutor services provided to the City of the month being invoiced, including the address and time spent per case. • Maintain records of all correspondence, actions and settlements. • Conduct asset forfeiture proceedings through the City’s street racing/street takeover ordinances.
• Return all City equipment and documents lent to the City Prosecutor upon request by the City or upon the conclusion/termination of the agreement. Such equipment and documents shall be returned in good condition (normal wear and tear excepted). • Attendance at periodic meetings with City Manager/Public Safety Director to review program performance.

Paramount PSA_Prof Liability (January 2025) Exhibit B - 1

Paramount PSA_Prof Liability (January 2025) Exhibit C - 1

EXHIBIT C

INSURANCE

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 named 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 “claimsmade” policy is provided, it shall include an extended reporting period of not less than 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 named 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.

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 or reduced, 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.

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 self-insure 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: Grissel Chavez, Assistant City Manager
Date: June 24, 2025
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT REPLACING IN ITS ENTIRETY ARTICLE II OF CHAPTER 4.16 OF THE

PARAMOUNT MUNICIPAL CODE AND GRANTING A FRANCHISE TO

AIR PRODUCTS MANUFACTURING, LLC

BACKGROUND
Situated adjacent to a global economy of petroleum and natural gas ports, the City of Paramount sits atop a robust network underground pipelines that run throughout Southern California and are maintained and operated by various petroleum franchises.

Most of the petroleum pipelines originate many miles outside of Paramount but run beneath our City as part of a complex network of pipeline carrying product destined for larger ports in Long Beach and Los Angeles.

Pipelines that run within the State of California are regulated by the California Public Utilities Commission (CPUC). Federal and State law preempts the City from regulating the operation, design and construction of pipelines. However, the City is entitled to franchise fees paid for directly by the franchisees. Pipeline fees are set forth in CPUC Code Section 6231.5(a)(3) and are based on the length and diameter of the pipeline, adjusted each year according to the Consumer Price Index (CPI).

DISCUSSION
Under California law, cities can allow companies to use public streets and spaces for pipelines that transport gas, oil, or similar products, as long as certain conditions are met and fees are paid. This new ordinance would grant Air Products Manufacturing, LLC the right to operate specific pipelines (Lines 35, 145 and 16/36) within the City of Paramount through a franchise agreement for a twenty year term.

Previously, the City had granted a similar agreement for the same pipelines under Ordinance No. 921 to GATX Terminals Corporation, but that agreement expired in January 2021. Those same pipeline assets were later sold to Air Products in May 2023.

Air Products has since requested the City grant them a new franchise agreement, which this ordinance formalizes. This new ordinance thus replaces the Ordinance No. 921. It also updates the City’s Municipal Code to reflect the new arrangement. This ordinance Agenda Report June 24, 2025
ORDINANCE NO. 1202
would ensure legal compliance and includes safeguards like a severability clause, which keeps the rest of the ordinance valid even if parts are deemed invalid.

FISCAL IMPACT
The new franchisee is expected to pay annual franchise fees through the term, based on the diameter and length of the pipes. Those fees shall be adjusted annually by the Consumer Price Index.

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
Introduce Ordinance No. 1202, and place it on the July 8, 2025 agenda for adoption.

CITY OF PARAMOUNT

LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO. 1202

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PARAMOUNT REPLACING IN ITS ENTIRETY ARTICLE II OF CHAPTER

4.16 OF THE PARAMOUNT MUNICIPAL CODE AND GRANTING A

FRANCHISE TO AIR PRODUCTS MANUFACTURING, LLC
WHEREAS, Section 6202 of the California Public Utilities Code (CPUC), which was created in response to the Franchise Act of 1937, authorizes the legislative body of any municipality to grant a franchise to any person, firm, or corporation, whether operating under an existing franchise or not, to use, or to use, or to lay and use, pipes and appurtenances for transmitting and distributing gas or industrial gas for all purposes, or to use, or to lay and use, pipes and appurtenances for transmitting and distributing oil or products thereof for all purposes, under, along, across, or upon the public streets, ways, alleys, and places within the municipality, upon the terms and conditions provided in this chapter; and
WHEREAS, Section 6231(c) provides that the municipality is entitled to a franchise fee for any such operation of a pipeline that runs within its boundaries, pursuant to fees established in Section 6231.5(a) of the CPUC; and
WHEREAS, in January 2001 the City Council for the City of Paramount (“City”) adopted Ordinance No.921 granting a franchise to GATX Terminals Corporation to operate a number of pipeline assets (“pipeline assets”) within the City of Paramount, which is codified in Section 4.16 of the Paramount Municipal Code (“Municipal Code”); and;
WHEREAS, on November 1, 2002, GATX Terminals Corporation sold the pipeline assets under Ordinance No. 921 to Paramount Petroleum; and WHEREAS, Ordinance No. 921 expired on January 2, 2021; and WHEREAS, on or about May 4, 2023, the successor in interest to the franchise under Ordinance No. 921, Paramount Pipeline, LLC sold those pipeline assets to Air Products Manufacturing, LLC (“Air Products”); and
WHEREAS, Air Products has submitted a request to the City to be granted a Pipeline Franchise Agreement for operation of those pipeline assets formerly within Ordinance No. 921.

ORDINANCE NO. 1202
July 8, 2025; Page 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PARAMOUNT DOES ORDAIN AS FOLLOWS:

SECTION 1. The Recitals set forth hereinabove are true and correct and incorporated herein by reference as if fully set forth herein.

SECTION 2. The City Council hereby grants a Pipeline Franchise Agreement to Air Products. as codified in Section 4.16, Article II of the Municipal Code, which shall be replaced in its entirety with Exhibit A.

SECTION 3. Severability. If any section, subsection, sentence, clause or phrase in this Ordinance or the application thereof to any person or circumstance is for any reason held invalid, the validity of the remainder of the ordinance or the application of such provision to other persons or circumstances shall be adopted thereby. The City Council hereby declares it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

SECTION 4. Effective Date. This Ordinance shall take effect thirty days after its adoption, shall be certified as to its adoption by the City Clerk, and shall be published as required by law, together with the names and members of the City Council voting for and against the Ordinance.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Paramount this ____ day of _______ 2025.

Peggy Lemons, Mayor
ATTEST
Heidi Luce, City Clerk
Chapter 4.16

OIL PIPELINE SYSTEMS GENERALLY
Article II. Air Products Manufacturing LLC

4.16.130 Grant of franchise.

The City hereby grants to Air Products Manufacturing LLC, its successors and assigns, hereinafter referred to as “grantee” subject to the terms and conditions herein contained, the right, franchise and privilege from time to time, for a period of twenty (20) years from and after the effective date of Ordinance No. 1202, to install, operate, maintain, replace, change the size of, abandon in place and/or remove pipelines for transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud stream or other substances transportable by pipeline together with all appurtenances and service connections necessary or convenient to properly maintain and operate said pipelines, including cathodic protection facilities for the grantee’s business, hereinafter collectively called “franchise property,” within the public streets, highways, alleys and other public ways or public property, hereinafter collectively called “streets,” of the City, as enumerated and described as follows:

Line 35
The line leaves the Refinery on Somerset heading south then immediately turn East toward Lakewood Blvd, and crosses Lakewood Blvd into a Vault on Somerset East on Lakewood Blvd. Then the line heads back West toward Lakewood Blvd before heading South on the East side of Lakewood Blvd. The line ends in the City of Paramount in the middle of Lakewood Blvd where Paramount shares boundaries with the city of Bellflower, the remaining of the line 35 are in neighboring municipalities.

Line 145
This line leaves the Refinery on Somerset heading South crossing the Somerset before turning West on Somerset toward the Los Angeles River then crossing the 710 Freeway before entering the city of Compton. From there the line heads South enters the city of Long Beach, then West to Compton again, and finally South to the City of Carson.

Line 16/36
Both Start at New York Junction just south of the W.E. Refinery, just South of the Rail tracks on the East side of Downey avenue, then head south on East side of Downey Ave and before Somerset Blvd they cross the street going to the West side of Downey Ave. while heading South from there all the way past the 91 freeway then before Artesia Blvd cross Downey Again onto the east side of Downey Ave before leaving the City of Paramount. Both lines are running through neighboring municipalities. I.E. Paramount, Long Beach, Bellflower, and Lakewood

4.16.140 Term of franchise.

This franchise shall expire twenty (20) years from and after the effective date hereof unless sooner terminated, by ordinance, as herein provided. City reserves the right to terminate this franchise to its expiration date in the event:

A. Grantee fails to comply with any provisions hereof; provided, however, that if such failure of compliance shall be due to a cause beyond the reasonable control of grantee, the franchise shall not be so terminated. In the event grantee shall default in the performance of any of the terms, covenants or conditions herein and such default is curable, City shall give written notice to grantee to commence within ten days the work necessary to cure such default, and if grantee fails to comply with such notice, City may terminate this franchise.

B. The time within which grantee is obligated to commence, perform or complete any obligation hereunder shall be extended for a period of time equal in duration to, and the commencement, performance or completion in the meantime shall be excused on account of and for and during the period of, any delay caused by strikes, threats of strikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, action or regulation or any governmental agency, law or ordinance, impossibility of obtaining materials, or other things beyond the reasonable control of grantee.

The City shall give the grantee thirty (30) days’ notice of any termination proceedings.

4.16.150 Compensation to City.

As consideration for the franchise granted herein, the Grantee shall pay to the City the following fees:

A. Base annual fee: A base annual fee shall be paid within 60 days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, according to the "franchise payment period" as set forth in California Public Utilities Code Section 6231.5 (3), by multiplying the pipe length expressed in feet by the applicable base rate as follows:

Pipe Size
(Internal)
Diameter
in inches
Base
Rate
Per
Lineal
0-4 Foot $0.088
6 0.132
8 0.176
10 0.220
12 0.264
14 0.308
16 0.352
18 0.396
20 0.440
22 0.484
24 0.528
26 0.572
28 0.616
30 0.660
For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a twelve (12) inch diameter pipe as the diameter of the unlisted pipe is to twelve (12) inches. The formula used in arriving at the annual fee shall apply to any existing, replacement, modification or extension of the pipeline.

B. Adjustments:

1. The amount of the fee provided for in subsection (a) of this Section, shall be adjusted at the time payment is due by multiplying the base fee by the “Consumer Price Index, All Urban Consumers for the Los Angeles - Anaheim - Riverside” area as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the “Consumer Price Index for June 30, 1989 = 100.0.”

2. In no event shall an annual fee be charged which is less than the base annual fee amount established by subsection (a) of this Section.

3. The indices specified in paragraph 1 of this subsection (b) are calculated and published by the United States Department of Labor, Bureau of Labor Statistics. If the Bureau discontinues the calculation or publication of the “Consumer Price Index, All Urban Consumers for the Los Angeles - Anaheim - Riverside area for June 30, 1989 = 100.0,” and no transposition table is available to convert to another index, then the amount of each annual adjustment in base fees shall be computed by using a comparable governmental index.

C. Proration of payments: In the event of abandonment of facilities, or in the event of removal of such facilities by the Grantee, or in the event of the grant of a franchise with an initial franchise payment period of less than one year, the annual franchise fee required under subsections (a) and (b) of Section 4 shall be prorated for the calendar year in which such removal or abandonment or grant occurs as of the end of the calendar month in which removed, abandoned or granted.

4.16.160 Construction.

A. Location of franchise property. The location of any franchise property installed hereunder shall be first approved by the Public Works Director.

B. Quality control. All franchise property installed and maintained hereunder shall be constructed in a good workmanlike manner and in conformity with all ordinances, rules or regulations now or hereafter adopted or prescribed by the City. All pipelines installed shall conform to applicable U.S.A. Standard Code for Pressure Piping, in its latest revision.

C. Street excavations. Grantee shall have the right to make all necessary excavations in the streets for the purposes granted in this franchise, but nothing herein contained shall relieve grantee from the provisions of any ordinance or law that may be in force at the time, requiring permits to be obtained for street excavations before such work is commenced.

All excavation shall be made and refilled in strict compliance with all City ordinances that may be in effect at the time of the performance of the work and shall be so made as not to interfere unreasonably with the free use of the streets by the public.

Upon completion of the work for which street excavations are made, all portions of the street which have been excavated or otherwise damaged by such excavation work shall be restored to as good condition as they were in before the commencement of such work, to the satisfaction of the Public Works Director.

D. Emergency work. The grantee shall promptly repair any leaks or breaks in pipelines and conduits. If any portion of any street shall be damaged by reason of breaks or leaks in any pipe or conduit constructed under this franchise, the grantee shall at its own expense take immediate steps to repair any such damage and restore such street to as good condition as it was before such a break or leak. The repair must be done to the satisfaction of the Public Works Director. Such emergency repair of franchise property may be commenced without prior permit provided that grantee shall notify the Public Works Director and the Los Angeles County Fire Department’s Hazardous Materials Division as soon as a break or leak occurs. The grantee must still apply to the Public Works Director for a permit for emergency repair work no later than the next business day from the day the emergency occurred. The grantee shall promptly remove any contamination from streets and underground soil due to breaks and leaks of grantee’s pipelines or conduits. The removal of contamination must be performed to the satisfaction of the Los Angeles County Fire Department’s Hazardous Materials Division. Nothing in the franchise shall be deemed to waive or release any claim the grantee may have against any third-party arising by reason of breaks or leaks in any pipe or conduit constructed under this franchise.

E. Changes required by public improvements. If the Public Works Director shall determine that it is reasonable and necessary that franchise property be temporarily disconnected, abandoned, temporarily or permanently removed, temporarily or permanently relocated or substitute facilities installed, in order that the City, when acting in a governmental capacity, may relocate, change grade, construct, use, maintain, change or modify any street improvement or City-owned utility facilities, said Public Works Director shall give notice, in writing, to the grantee. Within thirty (30) days after the service of such notice upon the grantee, the grantee shall at its sole cost and expense begin and diligently prosecute the necessary work to completion. Upon failure to do so, the Public Works Director may cause said work to be completed and the grantee shall immediately pay for the same upon presentation of an itemized account of the cost thereof.

In the event that any franchise property is required to be abandoned in or permanently removed from any street or portion thereof affected, the Public Works Director shall approve such additional street location or locations as may be necessary to permit the installation of substitute facilities.

F. Abandonment of franchise property. The public works director, upon such terms and conditions as he may determine, may give grantee permission to abandon, without removing, franchise property installed under the franchise. The length of any pipe line, abandoned with such permission, shall not be considered in calculating payments due under the franchise following the date the public works director or his designated representative has inspected and approved in writing the abandonment work. The ownership of all franchise property so abandoned shall thereafter vest in the City.

4.16.170 Guarantee and responsibility.

A. Bond. This franchise is granted on the condition that the grantee shall at all times during the life of this franchise keep on file with the City a Faithful Performance Bond running to the City in the sum of $5,000.00 executed by a reputable surety entitled to do business in the State of California. The said bond shall contain the conditions that the grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of any breach of any condition of said bond, the whole amount of the sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable form the principal and from the sureties upon said bond. The provisions of this section shall not exempt the grantee from compliance with any of the laws of the City in force during the term thereof which required the grantee to post a bond other than the bond required by this section.

However, where the grantee desires to show other evidence of financial responsibility for faithful performance, acceptable to the Public Works Director, the above Bond requirements may be waived by said Public Works Director.

B. Indemnification. The grantee, by the acceptances or use of the franchise hereby granted, agrees to keep and save free and harmless the City, its officers, agents, or employees against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them, or any of them, for damage to persons, or property, of whatsoever nature, arising out of the use by it of the City streets hereunder or arising out of any of the operations or activities of the grantee pursuant to this franchise, whether such damages shall be caused by negligence, excepting therefrom, however, any claim, demand or cause of action, which may be asserted, prosecuted or established against the City under the provisions of the Workman's Compensation Act for injury to, or the death of any of the City's officers, agents, or employees while acting within the scope of their employment and further excepting therefrom any claim, demand, or cause of action arising out of the negligence of the City, its officers, agents, and/or employees.

C. Avoidance of liability of City. The grantee shall further deposit with the City clerk a certificate of insurance naming the City as additionally insured in connection with this franchise, in the principal amount of at least ten million dollars ($10,000,000).

4.16.180 Franchise not assignable.

Grantee shall not permit any right or privilege granted by the franchise to be exercised by another, nor shall the franchise or any interest therein or any right or privilege thereunder by in whole or in part sold, transferred, leased, assigned, or disposed of except to a corporation, merger, or reorganization, or to a subsidiary of grantee, or to any person, firm or corporation without the consent of the City expressed by resolution; provided, however, that the provisions of the franchise shall not require any such consent and no consent shall be required for any transfer by grantee in trust or by way of mortgage or hypothecation covering all or part of grantee's property, which transfer, mortgage or hypothecation shall be for the purpose of securing an indebtedness of grantee or for the purpose of renewing, extending, refunding, retiring, paying or canceling in whole or in part any such indebtedness at any time of from time to time. Any such sale, lease, assignment, or other disposition of this franchise, whether requiring the consent of the City or otherwise, shall be evidenced by a duly executed instrument in writing filed in the office of the City clerk within thirty days after such sale, lease, assignment, or other disposition. In addition, if the requested assignment is to an affiliate or to a joint venture in which grantee is a partner, the City shall not unreasonably withhold its consent to such assignment.

4.16.190 Filing of maps.

Within ninety days following the date in which any franchise property has been installed, relocated, removed or abandoned under this franchise, the grantee shall file a map or maps in such form as may be required by the public works director showing the location, length, and size of all such facilities so installed, relocated, removed, or abandoned.

4.16.200 Right of eminent domain preserved
The grant of this franchise shall not in any way or to any extent impair or affect the right of the City to acquire the property of the grantee either by purchase or through the exercise of eminent domain.

4.16.210 Acceptance.

This franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained, and the grantee shall, within thirty (30) days after the adoption of this Ordinance granting said franchise, file with the City Clerk of the City of Paramount a written acceptance of such terms and condition.

Paramount City CouncilJune 24, 2025

Paramount City Council
June 24, 2025