Regular Meeting of the Artesia City Council
City Council Chambers
18747 Clarkdale Avenue
Artesia, CA 90701
(562) 865-6262
You may view this meeting live over the internet at
https://ca-artesia2.civicplus.com/241/City-Council-Meetings-Video Monday, May 11,2026
7:00 p.m.
1. CALL TO ORDER
1.A. Call to Order
2. ROLL CALL
2.A. Roll Call
3. INVOCATION
3.A. Invocation
— Pastor Daniel Kim, Kindred Presbyterian Church
4. PLEDGE OF ALLEGIANCE
4.A. Pledge of Allegiance
5. PUBLIC COMMENTS
This is the portion of the meeting set aside to invite public comments regarding any matter within the subject matter jurisdiction of the City Council. Public comments may also be submitted by email at [email protected] before 12:00 p.m. on the date of the meeting. Public comments are limited to no more than three minutes each. If comments relate to a specific agenda item, those comments will be taken following the staff report for that item and prior to the City Council vote. Under the provisions of the Brown Act, the City Council is prohibited from taking action on items that are not listed on the agenda, but may refer the matter to staff or to a subsequent meeting. Those wishing to speak are asked to add your information at the digital public kiosk located at the entrance of the Council Chamber.
5.A. Public Comment
6. COUNCILMEMBER COMMENTS
6.A. Councilmember Comments
7. CEREMONIAL PRESENTATIONS
7.A. Burbank Elementary - Unity Play Student Recognitions
7.B. Asian American and Pacific Islander Heritage Month Proclamation
7.C. 2026 Restaurant Week Award Winner Recognition
7.D. Mental Health Awareness Month Proclamation
7.E. Law Enforcement Appreciation Month Proclamation
7.F. The Himalayan Voice Certificate of Recognition
7.G. Public Works Week Proclamation
7.H. City Clerk Week Proclamation
7.I. Staff Introductions
8. BUSINESS PRESENTATIONS
9. CONSENT CALENDAR
It is recommended that Items (9A) through (9K) be acted on simultaneously in one vote unless a member of the City Council requests separate discussion and/or action on the item. In the event a member of the City Council requests separate discussion on a Consent Calendar item, or the item is removed from the Consent Calendar to allow for public comments on the item to be read. The City Council will consider that item immediately following approval of the rest of the Consent Calendar.
9.A. Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only — Recommendation: Waive Reading, by Title Only, of all Ordinances and Resolutions. Said Ordinances and Resolutions Which Appear on the Public Agenda Shall Be Determined to Have Been Read by Title and Further Reading Waived.
9.B. Accounts Payable Check Register - April 2026
— Recommendation: Receive and File.
9.C. City Financial Report - March 2026
— Recommendation: Receive and File.
9.D. AB 1234 Reporting
— Recommendation: Receive and File.
9.E. Second Reading and Consideration of Ordinance Arco AM/PM Code Amendment and Conditional Use Permit — Adopt Ordinance No. 26-984, Amending Section 9-2.3203(l) to Title 9 of the Artesia Municipal Code Amending Regulations Related to Alcohol Sales at Automobile Service Stations in the General Commercial (CG) Zone; And Determining the Ordinance To Be Exempt From CEQA; And — Find the Ordinance Exempt From the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines §§15061(b)(3) and 15378(b)(5).
9.F. Second Reading and Consideration of Ordinance New Developments' Annexation into Financing Districts — Recommendation: Adopt Ordinance No. 26-985, Adding Chapter 16 to Title 8 of the Artesia Municipal Code Relating to New Developments and Annexation Into Financing Districts and Setting Alternatives and Exemptions; And Determining the Ordinance To Be Exempt From CEQA,Pursuant to CEQA Guideline Sections 15378(b)(5) and 15061(b)(3)
9.G. Resolution of Intention to Set and Hold a Public Hearing for June 8, 2026 — Recommendation: Adopt Resolution No. 26-3084, Declaring Its Intention To Adopt an Ordinance Granting To Crimson Pipeline L.P. the Right, Privilege, and Franchise To Lay, Maintain, and Use Pipes and Appurtenances for Transmitting and Distributing Petroleum for Any and All Purposes Under, Along, Across, or Upon the Public Streets and Places Within the City of Artesia and Setting the Public Hearing on the Adoption of This Ordinance for June 8, 2026; And
— Find the Resolution Exempt From the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Class 1 Exemption.
9.H. Large Event Facility Use Permit
— Recommendation: Approve the Issuance and Co-Sponsor of a Large Event Facility Use Permit to the Artesia Chamber of Commerce To Hold a Diwali Festival on Sunday, October 25, 2026, at Artesia Park According to the Conditions Set Forth in the Staff Report
9.I. Resolutions for Street Lighting Maintenance District Initiating Proceedings, Approving the Engineer’s Report, Declaring the City’s Intention to Levy and Collect Assessments, and Setting the Date of the Public Hearing — Recommendation: Adopt Resolution No. 26-3085, Initiating Proceedings for the Levy and Collection of Assessments Within the City of Artesia Street Lighting Maintenance District for Fiscal Year 2026-27 and Ordering the Preparation of an Engineer’s Report Pursuant to the Provisions of Part 2 of Division 15 of the Streets and Highways Code;
— Adopt Resolution No. 26-3086, Approving the Report of the Engineer for Fiscal Year 2026-27 in Connection With the City of Artesia Street Lighting Maintenance District; And — Adopt Resolution No. 26-3087, Declaring Its Intention to Levy and Collect Assessments Within the City of Artesia Street Lighting Maintenance District for Fiscal Year 2026-27 Pursuant to the Provisions of Part 2 of Division 15 of the Streets and Highways Code, and Appointing a Time and Place for Hearing Protests.
9.J. Professional Services Agreement for Information Technology Services with BreaIT Solutions — Recommendation: Approve and Authorize the City Manager To Execute the Proposed Agreement the Professional Services Agreement With BrealT Solutions for an Amount Not-To-Exceed $95,000.
9.K. City Paid Parking Program
— Recommendation: Approve a Five-Year Professional Service Agreement (PSA) With Passport Labs Inc. In the Amount of $140,000 for a Mobile Pay Application To Manage the Hourly Paid Parking Program in the Designated Areas of the City Including the Downtown and the Residential Paid Parking Permit Program and 24- Hourly Visitor Parking Program;
— Approve the Purchase of Three Parking Meters and a Two-Year Extended Warranty in the Amount of $39,160 From Arrive Corporation for the Artesia Downtown Paid Parking Areas To Meet the Requirements of SB 532; And
— Authorize the City Manager To Make Amendments to the Agreement With Passport Labs, Inc. That Do Not Change the Contractual Amount or Term.
10. PUBLIC HEARING
10.A. AB 2561 Vacancies, Recruitment and Retention Annual Report — Recommendation: Staff recommends that the City Council Open and Conduct the Public Hearing Required Under Assembly Bill 2561 and Receive and File This Report.
11. DISCUSSION
11.A. Proposal for Aerial Drone Services to Deter Illegal Fireworks During Independence Day Holiday Period — Recommendation: Approve the Proposal for Services With Southwest Patrol for Drone Services To Monitor and Deter Illegal Fireworks Activity During the Independence Day Holiday Period, Under the Existing July 1, 2025 Agreement, With No Increases to the Contract Amount.
11.B. Resolution Regarding Establishing New Sister City Relationship With Angra do Heroismo, Portugal — Recommendation: Adopt Resolution No. 26-3083, Approving a Sister City Relationship With Angra Do Heroísmo, Portugal
12. CITY MANAGER INFORMATIONAL REPORTING
12.A. City Manager Reporting
13. COUNCILMEMBER COMMENTS
13.A. Councilmember Comments
14. ADJOURNMENT
14.A. Adjournment
The City of Artesia complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk’s office at 562-865-6262 at least 72 hours prior to the meeting. Copies of Staff Reports are on file in the Office of the City Clerk and are available for inspection.
Date Posted: May 7, 2026
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9A.
TO: Mayor and Members of the City Council
SUBJECT: Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:
Abel Avalos, City Manager
RECOMMENDATION:
It is recommended that the City Council waive reading, by title only, of all ordinances and resolutions. Said ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
BACKGROUND:
California Government Code 36934 allows the legislative body to waive the requirement to read ordinances and titles by the action.
FISCAL IMPACT:
There is no fiscal impact associated with approval of this item.
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9B.
TO: Mayor and Members of the City Council
SUBJECT: Accounts Payable Check Register - April 2026
FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
BACKGROUND:
The attached demands summary (accounts payable checks) is a list of all checks issued by the City of Artesia from April 1, 2026 through April 30, 2026.
Prior to printing each check, payment requests are approved by the department manager, Finance Manager, and City Manager. Once payment requests have been approved, a batch for disbursement is processed by the Senior Accountant, and approved by the Finance Manager. Each check is then signed by the City Manager and Mayor.
FISCAL IMPACT:
There is no fiscal impact associated with approval of this item.
RECOMMENDED COUNCIL ACTION:
It is recommended that the City Council receive and file this report.
Attachments
April 2026 Demand Check Register.pdf
Transaction Type Post Date
Due Date
Transaction
Amount
Payment # Amount Paid
3005084 Invoice 04/15/2026 $104.17 41462 $104.17
04/15/2026
$104.17 $104.17
716833979 Invoice 04/01/2026 $486.24 41442 $486.24
04/01/2026
IR-6733 Invoice 04/24/2026 $76.25 41452 $76.25
04/24/2026
718695729 Invoice 04/24/2026 $926.00 41452 $926.00
04/24/2026
717485392 Invoice 04/10/2026 $827.00 41452 $827.00
04/10/2026
$2,315.49 $2,315.49
04032026 Invoice 04/07/2026 $868.36 87792 $868.36
04/07/2026
04172026 Invoice 04/21/2026 $870.36 87848 $870.36
04/21/2026
$1,738.72 $1,738.72
04172026 Invoice 04/21/2026 $8.34 87849 $8.34
04/21/2026
$8.34 $8.34
EM021395 Invoice 04/21/2026 $115.50 87850 $115.50
04/21/2026
$115.50 $115.50
131212 Invoice 04/28/2026 $574.59 87882 $574.59
Backpack Blower 04/28/2026
$574.59 $574.59
PS-INV105076 Invoice 04/14/2026 $13,720.00 87828 $13,720.00 04/14/2026
PS-INV105422 Invoice 04/28/2026 $5,488.00 87883 $5,488.00 04/28/2026
$19,208.00 $19,208.00
629.37 Invoice 04/14/2026 $629.37 87829 $629.37
04/14/2026
$629.37 $629.37
104031584 Invoice 04/21/2026 $150.00 87851 $150.00
Deposit refund 04/21/2026
$150.00 $150.00
9-2026 Invoice 04/14/2026 $30,000.00 87830 $30,000.00
04/14/2026
$30,000.00 $30,000.00
26-001 Invoice 04/28/2026 $1,000.00 87884 $1,000.00
Festa Da Bola 04/28/2026
Sponsorship-Champion
$1,000.00 $1,000.00
Lease 007-0089611-001
Totals for ADP COMMERCIAL LEASING LLC:
ADP, Inc.
04/01/2026 04/27/2026
City of Artesia
April 2026 Check Register
Date Transaction # Description Payment Date
ADP COMMERCIAL LEASING LLC
04/15/2026 04/30/2026
Totals for AFSCME PEOPLE:
AHH ADP Time and
04/24/2026 04/29/2026
6GE Processing for PPE
04/24/2026 04/29/2026
AHH Processing Charges for
PPE 04/10/26 Workforce
04/10/2026 04/29/2026
AHH Processing Charges for
PPE 03/27/26 Workforce
Totals for ADP, Inc.:
AFSCME DISTRICT COUNCIL 36
04/07/2026 04/07/2026
Union Dues, Payroll
04/17/2026 04/21/2026
Union Dues, Payroll
Totals for AFSCME DISTRICT COUNCIL 36:
AFSCME PEOPLE
04/17/2026 04/21/2026
Payroll 04.03.2026 and
ALLIANT INSURANCE SERVICES INC
03/27/2026 04/14/2026
AKESO OCCUPATIONAL HEALTH
02/24/2026 04/21/2026
Physical - Pre Employment
Totals for AKESO OCCUPATIONAL HEALTH:
ALAN'S LAWN & GARDEN CENTER INC
04/24/2026 04/28/2026
Totals for ALAN'S LAWN & GARDEN CENTER INC:
ALL CITY MANAGEMENT SERVICES
04/06/2026 04/14/2026
Crossing Guard Service
04/20/2026 04/28/2026
Crossing Guard Service
Totals for ALL CITY MANAGEMENT SERVICES:
04/21/2026 04/28/2026
Insurance for facility use
Totals for ALLIANT INSURANCE SERVICES INC:
ARACELLY RODRIGUEZ
04/20/2026 04/21/2026
Totals for ARACELLY RODRIGUEZ:
ARTESIA CHAMBER OF COMMERCE
04/14/2026 04/14/2026
Community Benefits Grant
Totals for ARTESIA CHAMBER OF COMMERCE:
ARTESIA D.E.S. HALL
Totals for ARTESIA D.E.S. HALL:
ARTESIA HISTORICAL SOCIETY
2-2026 Invoice 04/07/2026 $40,000.00 87793 $40,000.00
04/07/2026
$40,000.00 $40,000.00
5626500838 Invoice 04/28/2026 $55.25 87885 $55.25
04/28/2026
$55.25 $55.25
287344025104X0404202 Invoice 04/14/2026 $707.12 41443 $707.12 04/14/2026
287252847559X0413202 Invoice 04/28/2026 $223.08 41453 $223.08 04/28/2026
$930.20 $930.20
111177 Invoice 04/21/2026 $217.51 87852 $217.51
Hardware for Signage 04/21/2026
111182 Invoice 04/28/2026 $639.24 87886 $639.24
Traffic Signage 04/28/2026
$856.75 $856.75
1058736 Invoice 04/21/2026 $25.20 87853 $25.20
26/03 Administration 04/21/2026
1058739 Invoice 04/21/2026 $176.40 87853 $176.40
26/03 Parks & Recreation 04/21/2026
1058743 Invoice 04/21/2026 $210.00 87853 $210.00
26/03 Finance 04/21/2026
1058752 Invoice 04/21/2026 $535.60 87853 $535.60
26/03 Public Records Act 04/21/2026
1058741 Invoice 04/21/2026 $806.40 87853 $806.40
26/03 Utilities 04/21/2026
1058735 Invoice 04/21/2026 $831.60 87853 $831.60
26/03 City Manager 04/21/2026
1058740 Invoice 04/21/2026 $982.80 87853 $982.80
26/03 Public Works 04/21/2026
1058737 Invoice 04/21/2026 $1,184.40 87853 $1,184.40
26/03 Planning 04/21/2026
1058747 Invoice 04/21/2026 $1,505.00 87853 $1,505.00
04/21/2026
1058738 Invoice 04/21/2026 $1,617.20 87853 $1,617.20
26/03 City Clerk 04/21/2026
1058734 Invoice 04/21/2026 $1,814.40 87853 $1,814.40
26/03 City Council Project 04/21/2026
1058745 Invoice 04/21/2026 $1,925.00 87853 $1,925.00
26/03 CFD General 04/21/2026
1058744 Invoice 04/21/2026 $2,450.00 87853 $2,450.00
26/03 Labor/Employment 04/21/2026
1058750 Invoice 04/21/2026 $2,502.96 87853 $2,502.96
26/03 General Litigation 04/21/2026
1058748 Invoice 04/21/2026 $2,644.40 87853 $2,644.40
26/03 Code Enforcement 04/21/2026
1058742 Invoice 04/21/2026 $2,905.00 87854 $2,905.00
26/02 Stormwater/NPDES 04/21/2026
1058746 Invoice 04/21/2026 $3,815.00 87854 $3,815.00
04/21/2026
1058749 Invoice 04/21/2026 $4,946.50 87854 $4,946.50
04/21/2026
1058751 Invoice 04/21/2026 $6,901.20 87854 $6,901.20
04/21/2026
$37,779.06 $37,779.06
118330 Invoice 04/21/2026 $373.62 87855 $373.62
04/21/2026
$373.62 $373.62
04/02/2026 04/28/2026
04/07/2026 04/07/2026
Community Benefits Grant
Totals for ARTESIA HISTORICAL SOCIETY:
ARTESIA TROPHY
04/21/2026 04/28/2026
11.5x12 plaque certificate
Totals for ARTESIA TROPHY:
AT&T
04/14/2026 04/27/2026
26/04 License Plate Readers
04/05/2026 04/29/2026
26/04 Parking Handheld
Totals for AT&T:
BC TRAFFIC SPECIALIST
04/02/2026 04/21/2026
Totals for BC TRAFFIC SPECIALIST:
BEST BEST & KRIEGER LLP
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
26/03 Economic
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
26/03 Deposit - 16905
Pioneer, 16809 Pioneer,
Totals for BEST BEST & KRIEGER LLP:
BOOT WORLD #20
04/14/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
04/13/2026 04/21/2026
26/03 Special Projects -
04/13/2026 04/21/2026
26/03 Annexation - 17610
04/13/2026 04/21/2026
Work Boots- PW staff (R.
Totals for BOOT WORLD #20:
CalPers
4203484552-04/2026 Invoice 04/01/2026 $90,342.85 41434 $90,342.85 26/04 Health Premiums 04/01/2026
04032026 Invoice 04/03/2026 $26,748.33 41444 $26,748.33 04/03/2026
04172026 Invoice 04/22/2026 $567.16 41454 $567.16
04/22/2026
04172026 Invoice 04/22/2026 $26,740.06 41454 $26,740.06 04/22/2026
$144,398.40 $144,398.40
PVFD449 Invoice 04/07/2026 $5,669.53 87794 $5,669.53
04/07/2026
$5,669.53 $5,669.53
032626 Invoice 04/07/2026 $390.00 87795 $390.00
04/07/2026
040126 Invoice 04/07/2026 $52.00 87795 $52.00
YAW T-Shirts (Uniforms) 04/07/2026
$442.00 $442.00
18749 Invoice 04/21/2026 $250.00 87856 $250.00
C&D Recycling Deposit 04/21/2026
Refund-11431 Aclare St
$250.00 $250.00
2024-08-18 Invoice 04/14/2026 $3,005.00 87831 $3,005.00 Design Services 04/14/2026
$3,005.00 $3,005.00
FEB/MAR2026 Invoice 04/21/2026 $100.00 87857 $100.00
04/21/2026
$100.00 $100.00
4263107729 Invoice 04/21/2026 $299.61 87858 $299.61
04/21/2026
4262361386 Invoice 04/21/2026 $701.62 87858 $701.62
04/21/2026
$1,001.23 $1,001.23
042426 Invoice 04/28/2026 $78.00 87887 $78.00
04/28/2026
$78.00 $78.00
70687030401155 Invoice 04/07/2026 $4,329.96 41435 $4,329.96 26/04 Supplemental Ins. 04/07/2026
$4,329.96 $4,329.96
932600471 Invoice 04/08/2026 $636,252.00 41455 $636,252.00 04/08/2026
$636,252.00 $636,252.00
4716 Invoice 04/07/2026 $7,871.37 87796 $7,871.37
Laserfiche Services 04/07/2026
4647 Invoice 04/14/2026 $1,837.71 87832 $1,837.71
Laserfiche services 04/14/2026
4541 Invoice 04/28/2026 $1,802.26 87888 $1,802.26
Scanning Services 04/28/2026
4818 Invoice 04/28/2026 $1,242.74 87888 $1,242.74
Laserfiche services 04/28/2026
$12,754.08 $12,754.08
INV0002 Invoice 04/07/2026 $975.00 87797 $975.00
04/07/2026
$975.00 $975.00
Pers/Pepra Retirement
04/22/2026 04/29/2026
04/01/2026 04/08/2026
04/03/2026 04/27/2026
Pers/Pepra Retirement
04/22/2026 04/29/2026
Totals for CHIRAG PATEL:
CINTAS CORP
03/31/2026 04/21/2026
Totals for CHANSON WALKER:
CHARLES FITZSIMMONS
04/21/2026 04/21/2026
Pers/Pepra Retirement
Totals for CalPers:
CDW Government
03/16/2026 04/07/2026
CISCO DUO Essentials and
Totals for CDW Government:
CHANSON WALKER
04/07/2026 04/07/2026
Shirts for YAL Spring Camp
04/01/2026 04/07/2026
Totals for CHARLES FITZSIMMONS:
CHEE SALETTE ARCHITECTURE OFFICE
04/01/2026 04/14/2026
Totals for CHEE SALETTE ARCHITECTURE OFFICE:
CHIRAG PATEL
04/21/2026 04/21/2026
Feb/Mar '26 Planning
Totals for COLONIAL LIFE:
COMMONWEALTH LAND TITLE CO
04/08/2026 04/29/2026
AJ Park Expansion - Property
Totals for COMMONWEALTH LAND TITLE CO:
26/03 AJ Park Janitorial
03/31/2026 04/21/2026
26/03 AJ Park Janitorial
Totals for CINTAS CORP:
CITY OF WHITTIER
04/24/2026 04/28/2026
Senior Ball Committee Shirts
Totals for CITY OF WHITTIER:
COLONIAL LIFE
04/07/2026 04/08/2026
COMPLETE PAPERLESS SOLUTIONS, LLC
04/03/2026 04/07/2026
04/03/2026 04/14/2026
04/20/2026 04/28/2026
04/21/2026 04/28/2026
Totals for COMPLETE PAPERLESS SOLUTIONS, LLC:
DAVID GOMEZ
04/02/2026 04/07/2026
12U Spartans Baseball
umpire fees - Spring 2026
Totals for DAVID GOMEZ:
70144-00001-040126 Invoice 04/07/2026 $433.35 87798 $433.35 04/07/2026
$433.35 $433.35
480414A-040326 Invoice 04/16/2026 $5,686.98 41445 $5,686.98 04/16/2026
$5,686.98 $5,686.98
MAY2026 Invoice 04/28/2026 $240.64 87889 $240.64
26/05 Medical Premium 04/28/2026
$240.64 $240.64
04132026 Invoice 04/14/2026 $5,793.06 87833 $5,793.06
C&D Recycling Prog 04/14/2026
$5,793.06 $5,793.06
167268298 Invoice 04/01/2026 $648.84 41436 $648.84
26/04 Vision Coverage 04/01/2026
$648.84 $648.84
24162 Invoice 04/14/2026 $30.00 87834 $30.00
04/14/2026
$30.00 $30.00
04032026 Invoice 04/07/2026 $80.00 87799 $80.00
04/07/2026
04172026 Invoice 04/21/2026 $46.09 87859 $46.09
04/21/2026
04172026 Invoice 04/21/2026 $80.00 87860 $80.00
04/21/2026
$206.09 $206.09
3231563850-031926 Invoice 04/14/2026 $184.99 41446 $184.99 04/14/2026
2131797882-042826 Invoice 04/04/2026 $75.98 41456 $75.98 04/04/2026
5628095136-031626 Invoice 04/10/2026 $236.06 41446 $236.06 04/10/2026
$497.03 $497.03
000005001492 Invoice 04/21/2026 $39.00 87861 $39.00
04/21/2026
No: INV-0005023511 Invoice 04/21/2026 $1,036.00 87861 $1,036.00 04/21/2026
$1,075.00 $1,075.00
0055238698-041326 Invoice 04/13/2026 $201.81 41457 $201.81 26/03 11938 South St. 04/13/2026
2865004438-040626 Invoice 04/06/2026 $140.22 41457 $140.22 04/06/2026
4905793578-041426 Invoice 04/14/2026 $78.15 41457 $78.15 26/03 18530 Corby Ave. 04/14/2026
1373230000-041526 Invoice 04/15/2026 $927.39 41457 $927.39 04/15/2026
8072740000-040626 Invoice 04/06/2026 $656.18 41457 $656.18 26/03 11710 South St IRR 04/06/2026
4302440000-040626 Invoice 04/06/2026 $443.34 41457 $443.34 26/03 11734 IRR Artesia 04/06/2026
4273230000-041626 Invoice 04/16/2026 $745.44 41457 $745.44 26/03 12034 Artesia Blvd 04/16/2026
26/04 Electric Vehicle Lease
& Fleet Maintenance
Totals for Enterprise FM Trust:
DELTA DENTAL INSURANCE COMPANY
04/01/2026 04/07/2026
26/04 HMO Dental
Totals for DELTA DENTAL INSURANCE COMPANY:
Enterprise FM Trust
04/03/2026 04/27/2026
Ericka Jackson, 04/03/2026
04/17/2026 04/21/2026
Deposit Refund-18642
Gridley Rd
Totals for EXCEL CONSTRUCTION SERVICES, INC:
FIDELITY SECURITY LIFE INSURANCE CO.
04/01/2026 04/08/2026
ERNESTO OLIVARES
04/27/2026 04/28/2026
Totals for ERNESTO OLIVARES:
EXCEL CONSTRUCTION SERVICES, INC
04/13/2026 04/14/2026
Totals for FIDELITY SECURITY LIFE INSURANCE CO.:
FORTIFYIT
04/14/2026 04/14/2026
2 - Microsoft 365 Business
Totals for FORTIFYIT:
FRANCHISE TAX BOARD
04/07/2026 04/07/2026
Public Work Internet 3/16-
Totals for FRONTIER:
GFT INFRASTRUCTURE INC
02/09/2026 04/21/2026
Rene Trevino, 04/172026
04/17/2026 04/21/2026
Ericka Jackson, 04/17/2026
Totals for FRANCHISE TAX BOARD:
FRONTIER
04/14/2026 04/27/2026
City Hall Internet 3/19-
04/04/2026 04/29/2026
Historical House 4/4- 5/3/26
04/10/2026 04/27/2026
AJ Padelford Park Expansion
04/20/2026 04/21/2026
AJ Padelford Park Expansion
Acquisition Services
Totals for GFT INFRASTRUCTURE INC:
GOLDEN STATE WATER COMPANY
04/13/2026 04/29/2026
04/06/2026 04/29/2026
26/03 18609 IRR Pioneer
04/14/2026 04/29/2026
04/15/2026 04/29/2026
26/03 11504 Artesia Blvd
04/06/2026 04/29/2026
04/06/2026 04/29/2026
04/16/2026 04/29/2026
9725940000-041526 Invoice 04/15/2026 $55.11 41457 $55.11 26/03 17202 Alburtis 04/15/2026
8217720000-041526 Invoice 04/15/2026 $303.04 41457 $303.04 26/03 17203 Corby Ave. 04/15/2026
8756430000-041626 Invoice 04/16/2026 $752.32 41457 $752.32 04/16/2026
7902030000-041526 Invoice 04/15/2026 $1,129.91 41457 $1,129.91 04/15/2026
8783687207-041426 Invoice 04/14/2026 $218.62 41457 $218.62 04/14/2026
2942430000-040626 Invoice 04/06/2026 $144.37 41457 $144.37 26/03 18641 Corby 04/06/2026
2274300000-040626 Invoice 04/06/2026 $254.50 41457 $254.50 26/03 18644 Alburtis Ave. 04/06/2026
9174300000-040626 Invoice 04/06/2026 $585.09 41457 $585.09 04/06/2026
0274300000-040626 Invoice 04/06/2026 $33.45 41457 $33.45 04/06/2026
1274300000-040626 Invoice 04/06/2026 $669.92 41457 $669.92 04/06/2026
8514744341-041326 Invoice 04/13/2026 $571.35 41457 $571.35 04/13/2026
6350093223-041326 Invoice 04/13/2026 $256.94 41457 $256.94 04/13/2026
5534220000-040626 Invoice 04/06/2026 $443.34 41457 $443.34 04/06/2026
9138539384-040626 Invoice 04/06/2026 $421.72 41457 $421.72 04/06/2026
2376836656-041426 Invoice 04/14/2026 $1,013.20 41457 $1,013.20 04/14/2026
1113139225-041526 Invoice 04/15/2026 $601.26 41457 $601.26 04/15/2026
7677238922-041426 Invoice 04/14/2026 $247.68 41457 $247.68 26/03 11504 178th St. 04/14/2026
5353387681-040626 Invoice 04/06/2026 $222.61 41457 $222.61 04/06/2026
$11,116.96 $11,116.96
SIN058744 Invoice 04/28/2026 $2,264.51 87890 $2,264.51
04/28/2026
$2,264.51 $2,264.51
MAR2026 Invoice 04/07/2026 $1,606.15 87800 $1,606.15
26/03 Karate Class 04/07/2026
$1,606.15 $1,606.15
10312 Invoice 04/21/2026 $1,000.00 87862 $1,000.00
04/21/2026
$1,000.00 $1,000.00
5272601798 Invoice 04/07/2026 $4,659.80 87801 $4,659.80 04/07/2026
5272602616 Invoice 04/14/2026 $4,375.00 87835 $4,375.00 04/14/2026
5272231745 Invoice 04/28/2026 $643.15 87891 $643.15
04/28/2026
$9,677.95 $9,677.95
03312526 Invoice 04/14/2026 $2,232.00 87836 $2,232.00
26/03 Senior Meals 04/14/2026
02282526 Invoice 04/14/2026 $2,035.50 87836 $2,035.50
26/02 Senior Meals 04/14/2026
$4,267.50 $4,267.50
164285 Invoice 04/28/2026 $4,500.00 87892 $4,500.00
04/15/2026 04/29/2026
04/15/2026 04/29/2026
26/03 18747 Clarkdale Ave.
04/06/2026 04/29/2026
04/16/2026 04/29/2026
26/03 17512 IRR Norwalk
04/15/2026 04/29/2026
26/03 17815 Pioneer Blvd
04/14/2026 04/29/2026
26/03 18506 IRR Pioneer
04/06/2026 04/29/2026
04/06/2026 04/29/2026
04/06/2026 04/29/2026
04/14/2026 04/29/2026
26/03 18747 FP Clarkdale
04/06/2026 04/29/2026
26/03 18750 Clarkdale Ave
04/13/2026 04/29/2026
26/03 18803 Elaine Ave.
04/13/2026 04/29/2026
26/03 Norwalk & South St
04/06/2026 04/29/2026
26/03 Norwalk Blvd So of
04/06/2026 04/29/2026
26/03 17514 Norwalk Blvd
04/14/2026 04/29/2026
26/03 186th St & Jersey Ave
04/15/2026 04/29/2026
26/03 17189 IRR Baber Ave
Mariachi Festival Performer
Totals for HERENCIA MARIACHI ACADEMY:
HONEYWELL INTERNATIONAL INC
04/06/2026 04/29/2026
26/03 Droxford St Norwalk
Totals for GOLDEN STATE WATER COMPANY:
HDL COREN & CONE
04/28/2026 04/28/2026
Jan/Mar '26 Property Tax
Totals for HDL COREN & CONE:
HEDSSON JIMENEZ
04/07/2026 04/07/2026
Totals for HEDSSON JIMENEZ:
HERENCIA MARIACHI ACADEMY
04/14/2026 04/21/2026
03/10/2026 04/14/2026
Totals for HUMAN SERVICES ASSOCIATION:
JOE A. GONSALVES & SON
04/01/2026 04/07/2026
Public Works Yard - Fire
04/01/2026 04/14/2026
Park Facilities - HVAC 5/1-
02/25/2026 04/28/2026
Park Facilities - HVAC 3/15-
Totals for HONEYWELL INTERNATIONAL INC:
HUMAN SERVICES ASSOCIATION
04/10/2026 04/14/2026
04/23/2026 04/28/2026
26/05 - Lobbyist Contract 04/28/2026
$4,500.00 $4,500.00
ART1MS412603 Invoice 04/28/2026 $2,281.25 87893 $2,281.25 04/28/2026
$2,281.25 $2,281.25
MAY2026 Invoice 04/28/2026 $240.64 87894 $240.64
26/05 Medical Premium 04/28/2026
$240.64 $240.64
050926 Invoice 04/28/2026 $3,800.00 87895 $3,800.00
04/28/2026
$3,800.00 $3,800.00
JAN/MAR2026 Invoice 04/07/2026 $285.00 87802 $285.00
04/07/2026
$285.00 $285.00
MAY2026 Invoice 04/28/2026 $225.36 87896 $225.36
26/05 Medical Premium 04/28/2026
$225.36 $225.36
AR 260401 Invoice 04/07/2026 $4,150.00 87803 $4,150.00
26/03 Lobbyist Service 04/07/2026
$4,150.00 $4,150.00
17781/17785 Invoice 04/14/2026 $1,000.00 87837 $1,000.00 04/14/2026
$1,000.00 $1,000.00
26-1254 Invoice 04/21/2026 $4,652.83 87863 $4,652.83
04/21/2026
$4,652.83 $4,652.83
26040605679 Invoice 04/21/2026 $4,985.06 87864 $4,985.06 26/03 Industrial Waste 04/21/2026
$4,985.06 $4,985.06
262194AY Invoice 04/14/2026 $447.21 87838 $447.21
26/01 DES Hall 04/14/2026
262196AY Invoice 04/14/2026 $447.21 87838 $447.21
26/02 DES Hall 04/14/2026
262362AY Invoice 04/14/2026 $1,578.43 87838 $1,578.43
26/01 Helicopter Service 04/14/2026
262195AY Invoice 04/14/2026 $1,179.62 87838 $1,179.62
26/02 La Mirage Event 04/14/2026
262198AY Invoice 04/14/2026 $3,130.46 87838 $3,130.46
26/02 Foot Patrol 04/14/2026
262189AY Invoice 04/14/2026 $3,577.67 87838 $3,577.67
26/01 Foot Patrol 04/14/2026
262190AY Invoice 04/14/2026 $7,543.70 87838 $7,543.70
26/02 SAO Backfill 04/14/2026
262191AY Invoice 04/14/2026 $7,573.53 87838 $7,573.53
26/01 La Mirage Event 04/14/2026
262192AY Invoice 04/14/2026 $8,391.71 87838 $8,391.71
26/01 SAO Backfill 04/14/2026
262197AY Invoice 04/14/2026 $26,702.11 87838 $26,702.11 26/02 Gang Suppression 04/14/2026
262193AY Invoice 04/14/2026 $31,369.95 87838 $31,369.95 26/01 Gang Suppression 04/14/2026
262068AY Invoice 04/14/2026 $395,282.85 87838 $395,282.85 04/14/2026
$487,224.45 $487,224.45
04/27/2026 04/28/2026
Totals for JOSE ASCENCIO:
Totals for JOE A. GONSALVES & SON:
JOHN L HUNTER & ASSOCIATES
04/20/2026 04/28/2026
26/3 Invoice for Stormwater
Totals for JOHN L HUNTER & ASSOCIATES:
JOSE ASCENCIO
Totals for KAREN HEATH:
KILEY & ASSOCIATES LLC
04/01/2026 04/07/2026
Totals for KILEY & ASSOCIATES LLC:
JUAN CARLOS GONZALEZ
04/28/2026 04/28/2026
Mariachi Festival Performer
Totals for JUAN CARLOS GONZALEZ:
JULIE KOGA
04/07/2026 04/07/2026
Jan/Mar ' 26 Taiko
Totals for JULIE KOGA:
KAREN HEATH
04/27/2026 04/28/2026
03/24/2026 04/14/2026
KINAL VACHHANI
04/14/2026 04/14/2026
C&D Deposit Refund: 17406
Totals for KINAL VACHHANI:
KOPPEL & GRUBER PUBLIC FINANCE
03/31/2026 04/21/2026
Pioneer Place Annexation 4
Totals for KOPPEL & GRUBER PUBLIC FINANCE:
LA COUNTY DEPT OF PUBLIC WORKS
04/06/2026 04/21/2026
Totals for LA COUNTY DEPT OF PUBLIC WORKS:
LA COUNTY SHERIFF'S DEPARTMENT
03/24/2026 04/14/2026
03/24/2026 04/14/2026
03/30/2026 04/14/2026
03/24/2026 04/14/2026
03/24/2026 04/14/2026
03/24/2026 04/14/2026
03/24/2026 04/14/2026
03/24/2026 04/14/2026
03/24/2026 04/14/2026
03/24/2026 04/14/2026
03/11/2026 04/14/2026
26/02 General Law
Totals for LA COUNTY SHERIFF'S DEPARTMENT:
LANGUAGE TESTING INTERNATIONAL
L108059-IN Invoice 04/28/2026 $63.00 87897 $63.00
04/28/2026
$63.00 $63.00
04152026 Invoice 04/28/2026 $179.60 87898 $179.60
26/04 Supplemental Ins. 04/28/2026
$179.60 $179.60
FEB/MAR2026 Invoice 04/07/2026 $218.40 87804 $218.40
Feb/Mar '26 Zumba PM 04/07/2026
$218.40 $218.40
200006718171-3/19/26 Invoice 04/07/2026 $1,082.18 87805 $1,082.18 04/07/2026
$1,082.18 $1,082.18
4952976271 Invoice 04/01/2026 $3,127.18 41437 $3,127.18 04/01/2026
$3,127.18 $3,127.18
104031832 Invoice 04/21/2026 $500.00 87865 $500.00
Deposit refund 04/21/2026
$500.00 $500.00
IN260000521 Invoice 04/07/2026 $967.50 87806 $967.50
04/07/2026
IN260000574 Invoice 04/07/2026 $57,055.19 87806 $57,055.19 26/01 Building & Safety 04/07/2026
$58,022.69 $58,022.69
38161 Invoice 04/07/2026 $1,409.40 87807 $1,409.40
04/07/2026
38212 Invoice 04/21/2026 $1,683.45 87866 $1,683.45
04/21/2026
$3,092.85 $3,092.85
JAN/MAR2026 Invoice 04/07/2026 $119.50 87808 $119.50
Jan/Mar '26 Yoga PM 04/07/2026
$119.50 $119.50
MECARTESIA4 Invoice 04/21/2026 $990.00 87867 $990.00
04/21/2026
$990.00 $990.00
118323 Invoice 04/14/2026 $9,648.00 87839 $9,648.00
04/14/2026
119152 Invoice 04/14/2026 $8,903.00 87839 $8,903.00
04/14/2026
$18,551.00 $18,551.00
MAY2026 Invoice 04/28/2026 $240.64 87899 $240.64
26/05 Medical Premium 04/28/2026
$240.64 $240.64
FEB/MAR2026 Invoice 04/21/2026 $100.00 87868 $100.00
04/21/2026
$100.00 $100.00
FEB/MAR2026 Invoice 04/21/2026 $100.00 87869 $100.00
04/21/2026
04/07/2026 04/07/2026
Totals for LETICIA MORRIS:
04/07/2026 04/28/2026
3rd party language testing
for staff bi- lingual pay
Totals for LANGUAGE TESTING INTERNATIONAL:
LEGAL SHIELD
04/27/2026 04/28/2026
Totals for LEGAL SHIELD:
LETICIA MORRIS
Legal Notice Ord 26-983 &
Totals for LOS CERRITOS COMMUNITY NEWS:
Totals for LOKNATH TIMSINA:
LOS ANGELES COUNTY PUBLIC WORKS
03/19/2026 04/07/2026
LIBERTY UTILITIES
03/19/2026 04/07/2026
1/16-3/16/26 - 16712
Totals for LIBERTY UTILITIES:
LINCOLN NATIONAL LIFE INSURANCE
04/01/2026 04/08/2026
26/04 Life & Disability Ins.
Totals for LINCOLN NATIONAL LIFE INSURANCE:
LOKNATH TIMSINA
04/20/2026 04/21/2026
FY25/26 City Sewer Service
Charge Various Facilities
03/31/2026 04/07/2026
Totals for LOS ANGELES COUNTY PUBLIC WORKS:
LOS CERRITOS COMMUNITY NEWS
03/25/2026 04/07/2026
Legal Notice Ord 26-979 &
04/17/2026 04/21/2026
Mulch Installation at
03/31/2026 04/14/2026
26/03 Landscape
Maintenance
Totals for MARIPOSA LANDSCAPES INC:
LOURDES TREROTOLA
04/07/2026 04/07/2026
Totals for LOURDES TREROTOLA:
MARIPOSA ECO CONSULTING INC
04/09/2026 04/21/2026
26/4 SB 1383
Implementation Plan and
Totals for MARIPOSA ECO CONSULTING INC:
MARIPOSA LANDSCAPES INC
04/09/2026 04/14/2026
MARTIN GAMEZ
04/27/2026 04/28/2026
Totals for MARTIN GAMEZ:
MAURICE PANTOJA
04/21/2026 04/21/2026
Feb/Mar '26 Planning
Totals for MAURICE PANTOJA:
MICHELE DIAZ
04/21/2026 04/21/2026
Feb/Mar '26 Planning
$100.00 $100.00
04012026 Invoice 04/07/2026 $250.00 87809 $250.00
04/07/2026
$250.00 $250.00
04172026 Invoice 04/17/2026 $9,808.13 41447 $9,808.13
04/17/2026
04032026 Invoice 04/03/2026 $9,786.77 41447 $9,786.77
04/03/2026
$19,594.90 $19,594.90
29925 Invoice 04/21/2026 $1,240.00 87870 $1,240.00
04/21/2026
$1,240.00 $1,240.00
23316-00001-040126 Invoice 04/07/2026 $3,973.79 87810 $3,973.79 04/07/2026
$3,973.79 $3,973.79
MAY2026 Invoice 04/28/2026 $240.64 87900 $240.64
26/05 Medical Premium 04/28/2026
$240.64 $240.64
35469 Invoice 04/07/2026 $16,333.34 87811 $16,333.34
26/04 Street Sweeping 04/07/2026
$16,333.34 $16,333.34
IR-6594 Invoice 04/14/2026 $8,500.00 87840 $8,500.00
BID - Invoice 5 04/14/2026
$8,500.00 $8,500.00
2026-9828125-01 Invoice 04/07/2026 $3,000.00 87812 $3,000.00 04/07/2026
$3,000.00 $3,000.00
349519JESUS Invoice 04/14/2026 $153.00 87841 $153.00
04/14/2026
349145MARIO Invoice 04/14/2026 $687.75 87841 $687.75
04/14/2026
$840.75 $840.75
22014 Invoice 04/07/2026 $264.10 87813 $264.10
04/07/2026
$264.10 $264.10
103172344 Invoice 04/21/2026 $75.00 87871 $75.00
Deposit refund 04/21/2026
$75.00 $75.00
103172461 Invoice 04/21/2026 $75.00 87872 $75.00
Deposit refund 04/21/2026
$75.00 $75.00
FEB/MAR2026 Invoice 04/21/2026 $100.00 87873 $100.00
04/21/2026
$100.00 $100.00
0020679 Invoice 04/21/2026 $20,416.83 87874 $20,416.83
26/3 Bus Service Invoice 04/21/2026
$20,416.83 $20,416.83
457b, 401a and Roth for
04/03/2026 04/27/2026
Totals for MICHELE DIAZ:
MIKE KILLEEN QUALITY ROOFING
04/01/2026 04/07/2026
C&D Deposit Refund for
17915 Mundare Ave Project
Totals for MIKE KILLEEN QUALITY ROOFING:
MissionSquare Retirement
04/17/2026 04/27/2026
Totals for NATALIE HERRERA:
NATIONWIDE ENVIRONMENTAL SERVICES
04/01/2026 04/07/2026
457b, 401a and Roth for
Totals for MissionSquare Retirement:
MONJARAS & WISMEYER GROUP INC
03/20/2026 04/21/2026
Accommodation Meeting,
city of Artesia (316-105)
Totals for MONJARAS & WISMEYER GROUP INC:
MUNICIPAL DENTAL POOL
04/01/2026 04/07/2026
26/04 PPO Dental Coverage
Totals for MUNICIPAL DENTAL POOL:
NATALIE HERRERA
04/27/2026 04/28/2026
City Hall Women's Restroom
04/09/2026 04/14/2026
Artesia Park Women's
Totals for NORWALK LA MIRADA PLUMBING:
NORWALK PRINTING
04/07/2026 04/07/2026
Totals for NATIONWIDE ENVIRONMENTAL SERVICES:
NEW CITY AMERICA
04/03/2026 04/14/2026
Totals for NEW CITY AMERICA:
NICHOLS LOCAL GOVERNMENT CONSULTING
04/01/2026 04/07/2026
Preparation of State
Totals for NICHOLS LOCAL GOVERNMENT CONSULTING:
NORWALK LA MIRADA PLUMBING
04/06/2026 04/14/2026
Totals for PCAM, LLC:
PRIMO BRANDS
Councilmember Ahir
Totals for NORWALK PRINTING:
OCTABIA CRUZ
04/01/2026 04/21/2026
Totals for OCTABIA CRUZ:
OMPRAKASH PANDE
04/01/2026 04/21/2026
Totals for OMPRAKASH PANDE:
PAUL BARCELOS
04/21/2026 04/21/2026
Feb/Mar '26 Planning
Totals for PAUL BARCELOS:
PCAM, LLC
03/31/2026 04/21/2026
26D0019353937 Invoice 04/16/2026 $79.23 41448 $79.23
04/16/2026
26D0019168509 Invoice 04/16/2026 $161.50 41448 $161.50
04/16/2026
26D0021825716 Invoice 04/16/2026 $78.14 41448 $78.14
04/16/2026
26D1158700003 Invoice 04/16/2026 $380.20 41448 $380.20
04/16/2026
$699.07 $699.07
80855574-040226 Invoice 04/02/2026 $1,000.00 41458 $1,000.00 Refilled Postage Machine 04/02/2026
$1,000.00 $1,000.00
1612-2 Invoice 04/28/2026 $8,218.81 87901 $8,218.81
04/28/2026
$8,218.81 $8,218.81
20051415002 Invoice 04/23/2026 $23.36 41459 $23.36
04/23/2026
20099603002 Invoice 04/28/2026 $1,067.32 41459 $1,067.32 04/28/2026
$1,090.68 $1,090.68
66124489 Invoice 04/28/2026 $3,024.00 87902 $3,024.00
04/28/2026
$3,024.00 $3,024.00
INV2984 Invoice 04/14/2026 $45,015.21 87842 $45,015.21
04/14/2026
$45,015.21 $45,015.21
2026_03 Invoice 04/14/2026 $3,300.00 87843 $3,300.00
Engineering Services 04/14/2026
$3,300.00 $3,300.00
5687 Invoice 04/07/2026 $150.00 87814 $150.00
04/07/2026
5688 Invoice 04/07/2026 $450.00 87814 $450.00
04/07/2026
5689 Invoice 04/07/2026 $2,887.50 87814 $2,887.50
04/07/2026
$3,487.50 $3,487.50
Mariachi 2026 Invoice 04/28/2026 $400.00 87903 $400.00
04/28/2026
$400.00 $400.00
Refund Invoice 04/07/2026 $31,492.00 87815 $31,492.00
04/07/2026
$31,492.00 $31,492.00
FEB/MAR2026 Invoice 04/07/2026 $124.80 87816 $124.80
Feb/Mar '26 Guitar Class 04/07/2026
$124.80 $124.80
103172198 Invoice 04/21/2026 $150.00 87875 $150.00
Deposit refund 04/21/2026
$150.00 $150.00
10693 Invoice 04/14/2026 $250.00 87844 $250.00
26/01 Advisory Fee 04/14/2026
04/16/2026 04/27/2026
Quadient Finance USA Inc.
04/02/2026 04/29/2026
Totals for Quadient Finance USA Inc.:
RAMIREZ PRODUCTIONS
04/23/2026 04/28/2026
AJ Park - Water 3/15-
04/16/2026 04/27/2026
Artesia Park - Water 3/15-
04/16/2026 04/27/2026
Public Works - Water 3/15-
04/16/2026 04/27/2026
City Hall - Water 3/15-
Totals for PRIMO BRANDS:
Totals for RON IBARRA ENGINEERING:
Mariachi Festival
productions- Final payment
Totals for RAMIREZ PRODUCTIONS:
RINGCENTRAL
04/23/2026 04/29/2026
Telecommunication Service
Digital Line Added
04/28/2026 04/29/2026
26/05 Telecommunication
Totals for RINGCENTRAL:
ROBERT HALF
04/23/2026 04/28/2026
Staff Accountant WE
Totals for ROBERT HALF:
ROMTEC INC
04/09/2026 04/14/2026
Delivery of Sealed Plan Set
Totals for ROMTEC INC:
RON IBARRA ENGINEERING
04/01/2026 04/14/2026
Totals for SAMANTHA NAVARRO:
SAVI DEVELOPMENT
04/07/2026 04/07/2026
SAGECREST PLANNING AND ENVIRONMENTAL
03/31/2026 04/07/2026
26/03 Deposit - 11746
03/31/2026 04/07/2026
26/03 Deposit - 17610-18
03/31/2026 04/07/2026
26/03 Housing Element -
Totals for SAGECREST PLANNING AND ENVIRONMENTAL:
SAMANTHA NAVARRO
04/23/2026 04/28/2026
Photography for Mariachi
Deposit Refund - 11540
Totals for SAVI DEVELOPMENT:
SEUNG YOUNG JEUNG
04/07/2026 04/07/2026
Totals for SEUNG YOUNG JEUNG:
SHEYLA GOLDBERG
04/01/2026 04/21/2026
Totals for SHEYLA GOLDBERG:
SHUSTER ADVISORY GROUP
04/01/2026 04/14/2026
10460 Invoice 04/14/2026 $250.00 87844 $250.00
25/12 Advisory Fee 04/14/2026
10915 Invoice 04/14/2026 $250.00 87844 $250.00
26/02 Advisory Fee 04/14/2026
11210 Invoice 04/14/2026 $250.00 87844 $250.00
26/03 Advisory Fee 04/14/2026
$1,000.00 $1,000.00
700454958639-032726 Invoice 04/07/2026 $190.23 41438 $190.23 26/03 18510 Corby Ave. 04/07/2026
700483004874-033026 Invoice 04/07/2026 $7,886.71 41438 $7,886.71 26/03 Various Locations 04/07/2026
700485859203-032726 Invoice 04/07/2026 $3,157.89 41438 $3,157.89 04/07/2026
700492283835-032026 Invoice 04/07/2026 $289.96 41438 $289.96 26/03 Various Traffic TC-1 04/07/2026
700492421150-032026 Invoice 04/07/2026 $159.57 41438 $159.57 26/03 Artesia/Gridley 04/07/2026
700498964105-032026 Invoice 04/07/2026 $434.25 41438 $434.25 04/07/2026
700560422190-032026 Invoice 04/07/2026 $60.99 41438 $60.99 04/07/2026
700562509108-032026 Invoice 04/07/2026 $73.96 41438 $73.96 26/03 12001 Artesia Blvd 04/07/2026
700405333439-033026 Invoice 04/07/2026 $814.55 41438 $814.55 26/03 Various Locations 04/07/2026
700491366274-040126 Invoice 04/07/2026 $18,577.81 41438 $18,577.81 26/03 Various Locations 04/07/2026
$31,645.92 $31,645.92
12280628004-041626 Invoice 04/16/2026 $57.92 41460 $57.92 04/16/2026
17950623003-040626 Invoice 04/06/2026 $72.16 41460 $72.16 04/06/2026
17740623008-040626 Invoice 04/06/2026 $18.61 41460 $18.61 04/06/2026
12690659565-041526 Invoice 04/15/2026 $15.29 41460 $15.29 26/04 18641 Corby Ave. 04/15/2026
$163.98 $163.98
636598 Invoice 04/07/2026 $1,682.81 87817 $1,682.81
04/07/2026
638440 Invoice 04/21/2026 $3,814.79 87876 $3,814.79
04/21/2026
$5,497.60 $5,497.60
82585 Invoice 04/14/2026 $11,520.00 87845 $11,520.00
Security Guard Services 04/14/2026
82793 Invoice 04/21/2026 $11,160.00 87877 $11,160.00
Security Guard Services 04/21/2026
$22,680.00 $22,680.00
188521501-032126 Invoice 04/07/2026 $119.99 41439 $119.99 26/03 11870 169th St 04/07/2026
188522301-032126 Invoice 04/07/2026 $169.99 41439 $169.99 04/07/2026
188521401-032126 Invoice 04/07/2026 $190.48 41439 $190.48 26/03 11870 169th St 04/07/2026
244400901-040126 Invoice 04/01/2026 $540.00 41449 $540.00 04/01/2026
188522201-032126 Invoice 04/07/2026 $196.08 41449 $196.08 26/04 18750 Clarkdale 04/07/2026
Ave. OFC
$1,216.54 $1,216.54
04/01/2026 04/14/2026
04/01/2026 04/14/2026
04/07/2026 04/08/2026
04/01/2026 04/14/2026
Totals for SHUSTER ADVISORY GROUP:
SOUTHERN CALIFORNIA EDISON CO
04/07/2026 04/08/2026
04/07/2026 04/08/2026
04/07/2026 04/08/2026
26/03 Various Traffic Signals
04/07/2026 04/08/2026
04/07/2026 04/08/2026
04/07/2026 04/08/2026
26/03 18750 Clarkdale EV
04/07/2026 04/08/2026
26/03 18600 1/2 S Norwalk
04/07/2026 04/08/2026
04/07/2026 04/08/2026
Totals for SOUTHERN CALIFORNIA EDISON CO:
Southern California Gas Company
04/16/2026 04/29/2026
26/04 11931 South St -
04/06/2026 04/29/2026
03/31/2026 04/14/2026
04/15/2026 04/21/2026
26/04 18750 Clarkdale Ave.
04/06/2026 04/29/2026
26/04 18747 Clarkdale Ave
04/15/2026 04/29/2026
Totals for Southern California Gas Company:
SOUTHERN CALIFORNIA NEWS GROUP
03/25/2026 04/07/2026
Public Notice CFD
04/17/2026 04/21/2026
Ord 26-981 Full; Ord 26- 982
Totals for SOUTHERN CALIFORNIA NEWS GROUP:
SOUTHWEST PATROL INC
04/07/2026 04/27/2026
Totals for SOUTHWEST PATROL INC:
SPECTRUM BUSINESS
04/07/2026 04/08/2026
04/07/2026 04/08/2026
26/03 18750 Clarkdale Ave
04/07/2026 04/08/2026
04/01/2026 04/27/2026
Apr '26 18747 Clarkdale
Totals for SPECTRUM BUSINESS:
SSD ALARM SYSTEMS
R-00653491 Invoice 04/14/2026 $415.02 87846 $415.02
04/14/2026
$415.02 $415.02
13818 Invoice 04/07/2026 $34,270.00 87818 $34,270.00
04/07/2026
13799 Invoice 04/07/2026 $1,800.00 87818 $1,800.00
04/07/2026
$36,070.00 $36,070.00
FAUD-00005165 Invoice 04/28/2026 $3,357.25 87904 $3,357.25 04/28/2026
$3,357.25 $3,357.25
932944 Invoice 04/03/2026 $974.99 41450 $974.99
04/03/2026
934057 Invoice 04/17/2026 $974.99 41461 $974.99
04/17/2026
$1,949.98 $1,949.98
JAN/MAR2026 Invoice 04/07/2026 $776.40 87819 $776.40
04/07/2026
$776.40 $776.40
103804223 Invoice 04/21/2026 $150.00 87878 $150.00
Deposit refund 04/21/2026
$150.00 $150.00
2026-02313 Invoice 04/07/2026 $1,792.33 87820 $1,792.33 04/07/2026
$1,792.33 $1,792.33
981989691-040126 Invoice 04/07/2026 $1,029.65 41440 $1,029.65 04/07/2026
$1,029.65 $1,029.65
190280955-0 Invoice 04/21/2026 $373.02 87879 $373.02
26/04 Telephone Service 04/21/2026
$373.02 $373.02
462710618947374 Invoice 04/07/2026 $320.00 87821 $320.00 Entertainment 04/07/2026
$320.00 $320.00
7883-26/04 Invoice 04/30/2026 $35,670.95 41463 $35,670.95 04/30/2026
$35,670.95 $35,670.95
3093 Invoice 04/07/2026 $2,500.00 87822 $2,500.00
04/07/2026
$2,500.00 $2,500.00
1364526 Invoice 04/07/2026 $30.50 41441 $30.50
04/07/2026
1362499 Invoice 04/07/2026 $54.95 41441 $54.95
04/07/2026
1364518 Invoice 04/07/2026 $4,608.56 41441 $4,608.56
04/07/2026
$4,694.01 $4,694.01
FEB/MAR2026 Invoice 04/21/2026 $100.00 87880 $100.00
04/21/2026
$100.00 $100.00
Sidewalk Repairs at 11848
01/23/2026 04/07/2026
04/14/2026 04/14/2026
5/1-7/31/26 11870 169th St.
Totals for SSD ALARM SYSTEMS:
STAIB BACKHOE & EXCAVATION
04/02/2026 04/07/2026
26/04 FSA/DCA
Totals for Sterling Administration:
SUSAN MCCORMICK
04/07/2026 04/07/2026
Jan/Mar '26 Guitar/Ukulele
Totals for SUSAN MCCORMICK:
Sewer Exploration- AP
Totals for STAIB BACKHOE & EXCAVATION:
STATE CONTROLLER
04/08/2026 04/28/2026
FY24/25 Annual Street
Totals for STATE CONTROLLER:
Sterling Administration
04/03/2026 04/27/2026
26/03 FSA/DCA
04/17/2026 04/29/2026
TERI BAXTER
04/15/2026 04/21/2026
Totals for TERI BAXTER:
TERRA REALTY ADVISORS INC.
04/01/2026 04/07/2026
26/03 Review Potential City
Totals for TERRA REALTY ADVISORS INC.:
Sheriff Deposit Refund -
Totals for US DHAKA FOOD INC:
T-MOBILE
04/07/2026 04/08/2026
26/04 City Cell Phone
Totals for T-MOBILE:
TPX COMMUNICATIONS
04/16/2026 04/21/2026
Totals for TPX COMMUNICATIONS:
TWIST AND SHOUT EVENTS INC
03/27/2026 04/07/2026
Totals for TWIST AND SHOUT EVENTS INC:
U.S. BANK CORPORATE PAYMENT SYSTEMS
04/30/2026 04/30/2026
26/04 Credit Card Purchases
Totals for U.S. BANK CORPORATE PAYMENT SYSTEMS:
US DHAKA FOOD INC
03/10/2026 04/07/2026
Totals for VICTOR MANALO:
WATER REPLENISHMENT DISTRICT OF SO. CALIF.
VALLEY ALARM
04/01/2026 04/08/2026
26/04 - 18644 Alburtis
04/01/2026 04/08/2026
26/04- 17203 Corby Ave (
04/01/2026 04/08/2026
26/04 - Fire Station, AJ
Padelford Park & Artesia
Totals for VALLEY ALARM:
VICTOR MANALO
04/21/2026 04/21/2026
Feb/Mar '26 Planning
0160-022826 Invoice 04/07/2026 $36.32 87823 $36.32
04/07/2026
$36.32 $36.32
1-12050 Invoice 04/07/2026 $1,035.00 87824 $1,035.00
04/07/2026
$1,035.00 $1,035.00
23837 Invoice 04/28/2026 $4,112.00 87905 $4,112.00
04/28/2026
$4,112.00 $4,112.00
94628069 Invoice 04/21/2026 $109.08 87881 $109.08
26/04 18641 Corby Ave. 04/21/2026
94629301 Invoice 04/21/2026 $129.71 87881 $129.71
26/04 17203 Corby Ave. 04/21/2026
94628155 Invoice 04/21/2026 $142.72 87881 $142.72
04/21/2026
94630675 Invoice 04/21/2026 $182.33 87881 $182.33
04/21/2026
$563.84 $563.84
111806322 Invoice 04/06/2026 $1,632.62 41451 $1,632.62
04/06/2026
$1,632.62 $1,632.62
00714857 Invoice 04/07/2026 $2,203.75 87825 $2,203.75
04/07/2026
$2,203.75 $2,203.75
889 Invoice 04/07/2026 $1,495.00 87826 $1,495.00
04/07/2026
$1,495.00 $1,495.00
90009164 Invoice 04/07/2026 $1,989.00 87827 $1,989.00
04/07/2026
5610007976 Invoice 04/14/2026 $7,373.73 87847 $7,373.73 04/14/2026
5610007975 Invoice 04/14/2026 $6,609.00 87847 $6,609.00 26/03 Traffic Signal 04/14/2026
Maintenance On Call
$15,971.73 $15,971.73
$1,940,729.28 $1,940,729.28
Payroll 4/3/2026 $129,057.98
4/17/2026 $133,066.31
Total Payroll $262,124.29
Total Disbursement $2,202,853.57
02/28/2026 04/07/2026
WESTERN EXTERMINATOR COMPANY
04/08/2026 04/21/2026
04/08/2026 04/21/2026
26/02 Groundwater
Totals for WATER REPLENISHMENT DISTRICT OF SO. CALIF.:
WEST COAST ARBORISTS INC
04/03/2026 04/07/2026
Health Assessment Report
for 11613 186th Street
Totals for WEST COAST ARBORISTS INC:
WESTERN AUDIO VISUAL
04/16/2026 04/28/2026
One (1) Year Maintenance
Totals for WESTERN AUDIO VISUAL:
Totals for XPO AUTO SALES INC:
YUNEX LLC
04/02/2026 04/07/2026
04/07/2026 04/21/2026
26/04 18747 Clarkdale Ave.
04/07/2026 04/21/2026
26/04 18750 Clarkdale Ave
Totals for WESTERN EXTERMINATOR COMPANY:
Wex Bank
04/06/2026 04/27/2026
26/03 Gas Card Purchases
Totals for Wex Bank:
WILLDAN ENGINEERING
03/27/2026 04/07/2026
26/02 Housing Element &
Totals for WILLDAN ENGINEERING:
XPO AUTO SALES INC
03/18/2026 04/07/2026
26/04 Electric Bus Battery
Totals for YUNEX LLC:
GRAND TOTALS:
A total of 240 transaction(s) listed
26/02 Traffic Signal Call/Out
04/09/2026 04/14/2026
Norwalk & 186th St Cabinet
Knockdown Car Accident
04/08/2026 04/14/2026
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9C.
TO: Mayor and Members of the City Council
SUBJECT: City Financial Report - March 2026
FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council receive and file the report.
BACKGROUND:
In accordance with Artesia Municipal Code (AMC) 2-4.705 (f), the attached Finance Report details the activity and balance for all City of Artesia ("City") accounts and funds as of March 31, 2026. Reports are reconciled for cash on hand (bank) to cash recorded in the general ledger through the period ending March 31, 2026.
Activity for Money Market, Checking, Revolving, Cafeteria, Local Agency Investment Fund, CDBG, and Petty Cash are provided for review. Fund Balances compare the cash to each fund's obligation. The balance of the individual accounts and funds should be read with the understanding that cash on hand, is not cash available for unplanned expenditures. The cash balance encompasses the City's contingency reserves, operating expenditures, and monies kept in restricted use funds including Trust and Agency. The City is debt-free; therefore, the finance report does not include any debt activity.
ANALYSIS:
The City is the recipient of several reimbursable grants. This means that, while the City has been awarded funding projects, the City must front the cost of those projects with General Fund revenue, and request reimbursement from the respective grantor as each project progresses. Towards that end, the balance of individual accounts and funds reflected in this Report will vary from month to month as expenses are made and reimbursements are received.
The Schedule of Investments highlights the City's longer duration investments held with Academy Asset Management, the City's investment advisor. A summary of these investments has always been highlighted on the Treasurer's Report; however, the Schedule of Investments provides an additional layer of visibility of the City's longer duration investments.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt and file of this Report.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council receive and file the report.
Attachments
Treasurer Report 032026.pdf
MONEY MARKET
ACCOUNT
CHECKING
ACCOUNT
LOCAL AGENCY
INVESTMENT
ACCOUNT
Beginning Balance - 3/1/2026 190,353.48 102,558.47 5,290,583.99 State/County/Misc Monthly Wires 757,459.73 - -
Deposits 1,000,288.75 - -
Civic Plus Credit deposits - 11,627.57 -
Stripe Deposits - 44,308.08 -
PayGov Credit Deposits - 14,538.10 -
Transfer from Money Market - 1,318,000.00 -
Transfer from LAIF Account - 450,000.00 -
Transfer from Investments 600,000.00 - -
Interest Income 12.75 - -
Transfer to Checking Account (1,318,000.00) - (450,000.00) Transfer to LAIF Account (1,090,000.00) - 1,090,000.00
Disbursements - (1,497,462.18) -
PERS Retirement - (53,637.16) -
Payroll - (267,572.13) -
Payroll Tax Wire (IRS) - (64,202.88) -
Bank Fees/Paid Parking Fees (1,647.69) (174.99) -
Ending Balance - 3/31/2026 57,982.88 138,467.02 5,930,583.99
CAMP ACCOUNT CLASS ACCOUNT ACADEMY AM
Beginning Balance - 3/1/2026 8,764,821.63 8,271,250.67 6,104,162.32 Transfer from Checking Account - - -
Deposits 28,251.47 24,583.60 15,715.77
Transfer Out/Disbursements - (600,000.00) (208.33)
Ending Balance - 3/31/2026 7,695,834.27 8,793,073.10 6,119,669.76
CAFETERIA
ACCOUNT
CDBG FIX-UP
PROGRAM PETTY CASH
Beginning Balance - 3/1/2026 1,324.56 1,716.19 500.00
Ending Balance - 3/31/2026 1,716.19 1,324.56 500.00
REVOLVING
ACCOUNT
TOTAL ALL
ACCOUNTS
Beginning Balance - 3/1/2026 1,362.14 28,728,633.45
Deposits - 4,264,785.82
Disbursements - (4,252,905.36)
Unrealized Gain/Loss - -
Ending Balance - 3/31/2026 28,740,513.91 1,362.14
03/31/26
Treasurer's Report
City of Artesia
GENERAL FUND
(100)
SUMMER LUNCH
PROGRAM (150)
Cash Balance 16,309,205.54 5,912.47
Receivables 977,770.83 -
Prepaid Expenses 37,243.51 -
Investment Appreciation (20,648.28) -
Liabilities & Deposits (1,672,869.18) -
FUND BALANCE 5,912.47 15,630,702.42
SPECIAL REVENUE FUNDS
ARTESIA
HOUSING
AUTHORITY (200)
AJ PARK
EXPANSION (205)
BICYCLE /
PEDESTRIAN
FUND (210)
Cash Balance 672,562.90 (193,538.03) 17,683.81
Receivables - -
Liabilities (61,895.00) - -
FUND BALANCE (193,538.03) 610,667.90 17,683.81
PUBLIC
EDUCATION IN
GOVERNMENT
(215)
BILLBOARD
FUND (220)
CNRA SPECIFIED
GRANT (225)
Cash Balance (29,616.25) 578,775.35 (529,962.70)
Receivables - 2,238,681.62 -
Liabilities - (2,115,486.87) -
FUND BALANCE 701,970.10 (29,616.25) (529,962.70)
HOUSING
URBAN
DEVELOPMENT
(227)
CALIFORNIA
BEVERAGE
RECYCLING
(230)
YOUTH
ACTIVITIES
LEAGUE (235)
Cash Balance 3,672.33 5,773.23 (178,484.63)
Receivables - - -
Liabilities - - -
Ending Balance - 1/31/2026 5,773.23 3,672.33 (178,484.63) City of Artesia
Comparison of Cash Balances to Fund Balance
03/31/26
City of Artesia
Comparison of Cash Balances to Fund Balance
03/31/26
SPECIAL REVENUE FUNDS (continued)
CITIZEN OPTION
FOR PUBLIC
SAFETY (240)
PAID PARKING
(245)
CLEAN AIR FUEL
BUS GRANT
(250)
Cash Balance 422,883.96 320,757.71 (10,547.50)
Receivables - - -
Liabilities - - -
FUND BALANCE 320,757.71 422,883.96 (10,547.50)
COMMUNITY
FACILITY
DISTRICT (260)
COMMUNITY
DEVELOPMENT
BLOCK GRANT
(270)
CALIFORNIA
STREET GRANTS
(280)
Cash Balance 104,300.39 (26,329.65) 553,018.75
Receivables - - -
Liabilities - - -
FUND BALANCE (26,329.65) 104,300.39 553,018.75
FEDERAL STPL
(290)
TRANSPORTN
PLANNING
GRANT (295)
MAP 21
EXCHANGE (310)
Cash Balance 72,940.60 (27,632.78) 201,425.53
Receivables - - -
Liabilities - - -
FUND BALANCE (27,632.78) 72,940.60 201,425.53
MEASURE M
(320)
MEASURE R
(330)
TOD PLANNING
GRANT (340)
Cash Balance 1,557,090.45 898,891.98 (12,948.59)
Receivables - -
Liabilities - - -
FUND BALANCE 898,891.98 1,557,090.45 (12,948.59)
City of Artesia
Comparison of Cash Balances to Fund Balance
03/31/26
SPECIAL REVENUE FUNDS (continued)
COUNTY PARK
IMPROVEMENT
(350)
PROPOSITION A
FUND (360)
PROPOSITION C
FUND (370)
Cash Balance 970,222.09 410,024.65 792,264.44
Receivables 43,413.09 2,773.00 -
Liabilities - - -
FUND BALANCE 412,797.65 1,013,635.18 792,264.44
SB1 RMRA (375)
SB 1383
GIVEAWAY (377)
SOUTH COAST
AIR QUALITY
MGMT DIST (390)
Cash Balance 1,413,229.82 39,709.18 249,238.12
Receivables - - -
Liabilities - - -
FUND BALANCE 39,709.18 1,413,229.82 249,238.12
SAFE ROUTE TO
SCHOOL (400)
SHERIFF
FORFEITURES &
SEIZURES (410)
STATE GAS TAX
(420)
Cash Balance (0.32) 447.20 (140,851.16)
Receivables - - 7,893.76
Liabilities - - -
FUND BALANCE 447.20 (0.32) (132,957.40)
HOME STAY
PROGRAM (430)
STREET
LIGHTING
MAINTENANCE
FUND (440)
TRAFFIC
CONGESTION
RELIEF (450)
Cash Balance 3,546.95 28,907.12 22,891.39
Receivables - - -
Liabilities - - -
FUND BALANCE 28,907.12 3,546.95 22,891.39
City of Artesia
Comparison of Cash Balances to Fund Balance
03/31/26
SPECIAL REVENUE FUNDS (continued)
CAL FIRE URBAN
GRANT (460)
DEVELOPMENT
IMPACT FEES
(470)
MEASURE W
(480)
Cash Balance (90,876.69) 2,048,884.70 751,425.86
Receivables - - -
Liabilities - - -
FUND BALANCE 2,048,884.70 (90,876.69) 751,425.86
RECYCLED OIL
(490)
Cash Balance 1,006.28
Receivables -
Liabilities -
FUND BALANCE 1,006.28
CAPITAL PROJECTS FUNDS
SPECIAL /
CAPITAL
PROJECT FUND
(500)
PIONEER BOND
PROJECT (510)
HISTORICAL
DISTRICT BOND
PROJECT (520)
Cash Balance (183,008.81) 315,071.10 583,558.09
Receivables 16,084.06 - -
Liabilities - - -
FUND BALANCE 315,071.10 (166,924.75) 583,558.09
City of Artesia
Comparison of Cash Balances to Fund Balance
03/31/26
AGENCY FUNDS
TRUST AND
AGENCY (710)
SENIOR
CITIZENS (720)
GEORGE
NELSON
MEMORIAL FUND
(740)
Cash Balance (41,008.89) 6,271.99 2,243.57
Receivables - - -
Liabilities 41,008.89 (6,271.99) (2,243.57)
FUND BALANCE - - -
TOTAL ALL FUNDS
Cash Balance 27,899,031.55
Receivables 3,286,616.36
Fixed Assets, net -
Prepaid Expenses 37,243.51
Investment Appreciation (20,648.28)
Liabilities (3,817,757.72)
FUND BALANCE 27,384,485.42
SUCCESSOR AGENCY FUNDS
SUCCESSOR
AGENCY ADMIN
PROJECTS (800)
SUCCESSOR
AGENCY TAX
INCREMENT
(810)
REDEVELPMT
OBLIGATION
RETIREMENT
FUND (820)
Cash Balance - (258,890.81) 1,100,373.17
Cash with Fiscal Agent - 811.78 -
Liabilities - (43,156.73) -
Bonds Payable - (11,602,520.00) -
FUND BALANCE (11,903,755.76) - 1,100,373.17
TOTAL SUCCESSOR FUNDS
Cash Balance 841,482.36
Cash with Fiscal Agent 811.78
Liabilities (43,156.73)
Bonds Payable (11,602,520.00)
FUND BALANCE (10,803,382.59)
Annual
COUPON YIELD@ Projected Weight
CUSIP # Date Date** COST # Interest
Money Market Funds + (Cash on Hand)
c First American Government Oblig F31846V203 Various Demand N/A 3.660% $65,180.30 $65,180.30 $65,180.30 2,385.60 0.011 Subtotal $65,180.30 65,180.30 65,180.30 2,385.60 0.011
Government Securities:
UNITED STATES TREASURY 912828Y95 2/27/2025 7/31/2026 1.875% 1.900% 730,000.00 707,244.53 723,751.20 13,687.50 0.119 UNITED STATES TREASURY 912828Z94 2/27/2025 2/15/2030 1.500% 1.640% 750,000.00 661,435.55 688,507.50 11,250.00 0.123 UNITED STATES TREASURY 91282CDK4 2/27/2025 11/30/2026 1.250% 1.280% 650,000.00 618,667.97 637,708.50 8,125.00 0.106 UNITED STATES TREASURY 91282CFB2 2/27/2025 7/31/2027 2.750% 2.790% 750,000.00 726,708.98 741,532.50 20,625.00 0.123 UNITED STATES TREASURY 91282CFT3 2/27/2025 10/31/2029 4.000% 3.950% 750,000.00 745,400.39 757,822.50 30,000.00 0.123 UNITED STATES TREASURY 91282CJW2 10/30/2025 1/31/2029 4.000% 3.950% 750,000.00 760,722.66 758,205.00 30,000.00 0.123 UNITED STATES TREASURY 91282CPA3 10/30/2025 9/30/2030 3.625% 3.640% 830,000.00 830,129.69 824,422.40 30,087.50 0.136 UNITED STATES TREASURY 91282CPW5 2/17/2026 1/31/2031 3.750% 3.710% 1,000,000.00 1,004,179.69 1,010,160.00 37,500.00 0.163 Subtotal 6,054,489.46 6,210,000.00 6,142,109.60 181,275.00 1.015 Investment PAR MARKET*
Schedule of Investments
City of Artesia
March 31, 2026
PURCHASE MATURITY V A L U E
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9D.
TO: Mayor and Members of the City Council
SUBJECT: AB 1234 Reporting
FROM: Christina Nieto-Linares, Administrative Secretary REVIEWED AND APPROVED BY:
Abel Avalos, City Manager
RECOMMENDATION:
It is recommended that the City Council receive and file the report.
BACKGROUND:
AB 1234, became effective January 1, 2006. This bill requires a local agency that provides reimbursement for expenses to members of its legislative body to adopt a written policy on the duties for which legislative body members may receive compensation, other than meetings of the legislative body or an advisory body or attendance at a conference or organized educational activity. Resolution No. 24-2970 outlines the City’s Expense Reimbursement and Travel Policy.
STATEMENT OF FACT:
Councilmember Event
Benefit of Expenditure to the
Residents
Ali Sajjad Taj Fullerton Prayer Breakfast 5/4 Attending City, community, regional and other events
State of the College Luncheon 5/7 Attending City, community, regional and other events
Rene Trevino N/A N/A
Melissa Ramoso N/A N/A
Monica Manalo N/A N/A
Zeel Ahir N/A N/A
Additionally, Council is provided automobile reimbursement in the amount of a flat $150 per month amount as authorized in the Resolution 25-3056 which outlines the Expense Reimbursement and Travel Policy FISCAL IMPACT:
The reported expenditures are in compliance with AB 1234, the City travel policy, and have been budgeted.
RECOMMENDED COUNCIL ACTION:
It is recommended that the City Council receive and file report.
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9E.
TO: Mayor and Members of the City Council
SUBJECT: Second Reading and Consideration of Ordinance Arco AM/PM Code Amendment and Conditional Use Permit
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Ordinance No. 26-984, Amending Section 9-2.3203(l) to Title 9 of the Artesia Municipal Code Amending Regulations Related to Alcohol Sales at Automobile Service Stations in the General Commercial (CG) Zone; And Determining the Ordinance To Be Exempt From CEQA; And
2. Find the Ordinance Exempt From the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines §§15061(b)(3) and 15378(b)(5).
BACKGROUND:
The City Council took action to waive further reading, and introduce Ordinance No. 26-984 on April 13, 2026.
FISCAL IMPACT:
There are no fiscal impact associated with the approval of this item.
Attachments
Ordinance 26-984.pdf
26-984 Exhibit A.pdf
26-984 Exhibit B.pdf
ORDINANCE NO. 26-984
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARTESIA, CALIFORNIA, AMENDING
SECTION 9-2.3203(l) TO TITLE 9 OF THE ARTESIA
MUNICIPAL CODE AMENDING REGULATIONS
RELATED TO ALCOHOL SALES AT AUTOMOBILE
SERVICE STATIONS IN THE GENERAL
COMMERCIAL (CG) ZONE; AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Artesia (“City”) is authorized under its police power to enact regulations to preserve the public health, safety, and welfare; and WHEREAS, Article 32 of Title 9 of the Artesia Municipal Code (“AMC”) currently regulates alcohol at gasoline stations in the General Commercial (CG) Zone; and
WHEREAS, the applicant applied for a Zoning Text Amendment application to amend Article 32 of Title 9 of the AMC to remove a restriction prohibiting the sale of alcohol at gasoline service stations in the General Commercial (CG) zone (“Ordinance”); and
WHEREAS, on March 17, 2026, the Planning Commission conducted a duly noticed public hearing to consider the proposed Ordinance, and following receipt of all public testimony, closed the public hearing on that date and adopted Resolution No. 2026-05P, recommending the City Council adopt the Ordinance; and
WHEREAS, the City Council conducted a duly noticed public hearing on April 12, 2026 at which members of the public were afforded an opportunity to comment on the Ordinance, the recommendations of staff, and other public testimony; and
WHEREAS, all legal preconditions to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) because the Ordinance is not a CEQA “project” pursuant to State CEQA Guidelines section 15378(b)(5), which provides that organizational and administrative activities of governments that will not result in physical environmental impacts are not CEQA projects, and here the proposed Ordinance amends a regulation related to the sale of alcohol for off-stie consumption at gasoline stations in the Commercial General (CG) zone. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance does not propose nor authorize any action that would have the potential to cause a physical change to the environment, directly or indirectly. The City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.
SECTION 3. General Plan Consistency. Based on the entire record before the City Council, and all written and oral evidence presented, the City Council hereby finds that the Ordinance is consistent with the City’s adopted General Plan.
The purpose of the proposed Ordinance is to amend Section 9-2.3203(l) of Title 9 related to the sale of alcohol for off-site consumption at gasoline services stations within the General Commercial (CG) zone. The amendment requires applicants to obtain a conditional use permit to sell alcohol for off-site consumption. The conditional use permit will allow staff to address potential impact by means of conditions in order to protect residential areas from the effects of alcohol-related nuisances to preserve real estate values and high quality of life, consistent with Community Policies LU 2.1 and 2.2 in the General Plan. Therefore, the Ordinance is consistent with the General Plan.
SECTION 4. Amendment. Section 9-2.3203(l)(4) is removed from Title 9 of the Artesia Municipal Code as set forth below:
Ҥ 9-2.3203(l) Uses Permitted Subject to Conditional Use Permits (C-G). (l) Sales of alcoholic beverages for consumption of alcoholic beverages off the premises, provided that such use complies with the following criteria:
(1) Such use shall not be located within 1,000 feet from any other use where off-premises alcoholic beverages are sold;
(2) Such use shall not be located within 600 feet from a church, school, playground or park;
(3) Such use shall not be located within 100 feet of any residential zone;. (4) Such use shall not be located on the same lot or parcel or, in conjunction with any premises, which operates an automobile service station or sells gasoline or fuel to the public for the operation of motor vehicles.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council of the City of Artesia declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 7. Adoption, Certification, and Publication. The City Clerk of the City of Artesia shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
SECTION 8. Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings.
PASSED, APPROVED, and ADOPTED on this 11th day of May, 2026. ______________________________
RENE TREVINO, MAYOR
ATTEST:
__________________________________
JENNIFER ALDERETE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
BEST BEST & KRIEGER, CITY ATTORNEY
City of Artesia, CA
§ 9-2.3203 § 9-2.3203
EXHIBIT A
Article 32
Uses Permitted Subject to Conditional Use Permits (CG)
Key:
Normal Text = Existing unmodified language in the Code
Strikethrough Text = Existing language proposed to be removed from the Code § 9-2.3203. Uses Permitted Subject to Conditional Use Permits (C-G).
Premises in the General Commercial (C-G) Zone may be used for the following purposes provided a conditional use permit has first been obtained pursuant to the provisions of Article 17 of this chapter:
(a) Automobile service stations pursuant to Section 9-2.3204 of this chapter. A selfservice car wash may be allowed as an accessory use to an automobile service station if such accessory use is specifically authorized by the conditional use permit or a modification thereto.
(b) Retail sales and installation of the following automobile accessories: automobile stereos, automobile speakers, automobile amplifiers, automobile audio processors, automobile subwoofer systems, automobile video systems, automobile security systems, automobile radar and laser detector systems, and automobile GPS navigation systems, provided that the installation of these items and systems are conducted within an enclosed building.
(c) Retail sales of automobile tires, wheels and rims, and the incidental installation of these items, and front-end alignment and replacement or repair of brakes, provided the installation of these items are conducted within an enclosed building and the property lot size is at least 10,000 square feet.
(d) Drive-in and drive-thru restaurants;
(e) Bars and cocktail lounges;
(f) Feed and grain sales;
(g) Motels and hotels;
(h) Automobile sales agencies, including incidental body and fender work, automobile repair and painting and upholstering services, providing all such incidental services are conducted in an enclosed building;
(i) Mobile home sales;
(j) Horticultural retail sales nurseries;
(k) Pet shops;
City of Artesia, CA
§ 9-2.3203 § 9-2.3203
(l) Sales of alcoholic beverages for consumption of alcoholic beverages off the premises, provided that such use complies with the following criteria:
(1) Such use shall not be located within 1,000 feet from any other use where off-premises alcoholic beverages are sold;
(2) Such use shall not be located within 600 feet from a church, school, playground or park;
(3) Such use shall not be located within 100 feet of any residential zone; (4) Such use shall not be located on the same lot or parcel or, in conjunction with any premises, which operates an automobile service station or sells gasoline or fuel to the public for the operation of motor vehicles. (m) Bakery shops, including baking only when incidental to retail sales from the premises;
(n) Parking lots and parking buildings pursuant to the provisions of Article 11 of this chapter;
(o) (Reserved)
(p) (Reserved)
(q) Driving and traffic schools, passenger vehicle only; (r) Adult day health care (ADHC) facilities, excluding medical offices, non ambulatory, and overnight care.
(s) Indoor swap meet, pursuant to a blanket conditional use permit for all individual vendors within the same building provided that such use complies with the following criteria:
(1) The indoor swap meet use shall be allowed only as an incidental use within the floor area of a major anchor tenant. The major anchor tenant, as defined in Section 9-2.414, shall be a retail store having at least twenty thousand (20;000) square feet.
(2) No more than 5% of the usable floor area of the major anchor tenant shall be occupied by an indoor swap meet.
(3) All retail sales shall be conducted solely within designated leasable vendor booth spaces. Vendor booth spaces shall be located exclusively indoors. (4) No merchandise or obstruction related to the swap meet vendors shall be located outside permanent vendor spaces.
(5) Vendor booth spaces shall be maintained as delineated on a master floor plan which specifically identifies the location and square footage of each leasable City of Artesia, CA
§ 9-2.3203 § 9-2.3203
booth area.
(6) Only one tenant per vendor booth space shall be allowed. (7) Only retail uses are permitted.
(8) A City business license shall be obtained by each tenant operating a booth space which shall be displayed in a conspicuous place within the booth space. (t) Motion picture theaters provided that such uses comply with the following criteria:
(1) The motion picture theater shall be located within a commercial development, where a minimum of 40% of the uses, exclusive of the motion picture theater, derive their revenues from retail sales.
(2) The minimum lot size of the commercial development, where such motion picture theater is located shall be not less than three acres. (3) The premises shall not be operated as an adult-oriented motion picture theater as defined in Article 3 of Chapter 2 of Title 3 (Adult-Oriented Businesses) of the Artesia Municipal Code, unless the motion picture theater complies with the separation requirements from sensitive uses as specified in Section 3-2.303 and the applicant obtains a permit therefor in compliance with Article 3 of Chapter 2 of Title 3 (Adult-Oriented Businesses) of the Artesia Municipal Code.
(4) All other development standards of this article and Articles 6 through 15 of this chapter shall be met.
(u) Other similar uses which the Planning Commission and City Council find to be substantially similar to the above enumerated uses and which, because of the special problems necessary to integrate the use with the surrounding neighborhood, require the issuance of a conditional use permit;
(v) Wireless telecommunication facility sites, antennas and monopoles, in accordance with the development standards contained in Article 42 of this chapter. (w) Computer Internet access businesses, provided such uses shall satisfy and comply with the following minimum location and operational standards:
(1) The business shall not be located within 500 feet of any public or private school or facility that provides educational or recreational services, or both such services, to children 18 years of age or younger. This separation requirement shall be construed to apply to, and restrict the location of, computer Internet access businesses within 500 feet of any nursery primary or secondary school, as well as any school or facility providing any youthoriented programs or services such as day care, tutorial programs or athletic programs.
(2) The permitted hours of operation of the business are from 8:00 a.m. to City of Artesia, CA
§ 9-2.3203 § 9-2.3203
10:00 p.m., Sunday through Thursday, and 8:00 a.m. to 12:00 a.m. (midnight), Friday and Saturday; provided, however, that minors must be accompanied by a parent or legal guardian after 10:00 p.m. (3) No minors shall be allowed in the business after 8:30 a.m. or before 3:00 p.m. on regular school days unless accompanied by a parent or legal guardian.
(4) The front windows shall not be tinted or otherwise covered during normal business hours so as to maintain an unobstructed view into the business suite from the outside.
(5) Adequate lighting shall be maintained inside the business and in the parking area.
(6) The front door shall remain open, unlocked and unobstructed during regular business hours.
(7) No rear access to the business shall be allowed except for emergencies. (8) An adult manager, age 25 years or older,shall be on site during business hours and shall be responsible for maintaining order inside the establishment and on the property.
(9) Signs shall be posted prohibiting loitering and curfew violations. The signs shall refer to the applicable provisions of State and local law restricting such activity.
(10) No alcoholic beverages and no unlawful activity shall be allowed on site. (11) Police quality video surveillance shall be established, operated and maintained on the site, which system shall be accessible to the Sheriff's Department upon request.
(12) The operator shall permit law enforcement to have access to the business during regular business hours.
(13) Other operational conditions may be imposed as part of the issuance of the conditional use permit, including conditions limiting the duration of the permit and permitting revocation under specified circumstances. (x) Ice skating and roller skating rinks with associated retail uses. (y) Car rental facilities.
(z) Billiard halls.
(aa) (Reserved)
City of Artesia, CA
§ 9-2.3203 § 9-2.3203
(bb) Churches and other places of religious worship, provided such uses shall satisfy and comply with the development standards set forth in this Subsection (bb) and Article 41 of this chapter:
(1) The building frontage of the building unit or tenant space for the use shall not exceed 10 feet;
(2) The building unit or tenant space for the use shall not exceed 5,000 square feet of floor area;
(3) The rear and side yard setbacks for the building unit or tenant space shall be at least 130 feet from any residentially zoned property, as measured from the rear and side property lines of the parcel on which the use is to be located; (4) The front yard setback for the building unit or tenant space shall be at least 150 feet, as measured from the front property line of the parcel on which the use is to be located to the building unit or tenant space; and (5) Notwithstanding Section 9-2.4101(a)(2) of Article 41, the use shall not be located closer than 1,000 feet from any other church or other place of religious worship. For purposes of this Subsection (bb)(5), the distance shall be measured from property line to property line.
(cc) Archery/sporting goods retail businesses, with incidental services, in addition to the standard criteria for the approval of a conditional use permit, shall satisfy the following criteria:
(1) If incidental services include use of an archery range, the range shall be certified by the National Field Archery Association;
(2) The use shall have an active certificated charter with the National Field Archery Association;
(3) If incidental services include use of an archery range, the range shall only be indoors if adjacent to a residentially zoned property or residential uses; (4) No minors shall be allowed in the business after 8:30 a.m. or before 3:00 p.m. on regular school days, unless accompanied by a parent or legal guardian; (5) The front windows of the subject building shall not be tinted or otherwise covered during normal business hours so as to maintain an unobstructed view into the building from the outside;
(6) Adequate lighting shall be maintained inside the subject building and in the subject parking area;
(7) The front door of the subject building shall remain open, unlocked and unobstructed during regular business hours;
City of Artesia, CA
§ 9-2.3203 § 9-2.3203
(8) No rear access to the subject building is permitted, except for emergencies or as otherwise required by the City's Building Code;
(9) An adult manager, age 25 years or older, shall be on site during business hours and shall be responsible for maintaining order inside the use and on the subject property;
(10) Signs shall be posted prohibiting loitering and curfew violations, which signs shall refer to the applicable provisions of State and local law restricting such activity;
(11) No alcoholic beverages and no unlawful activity shall be allowed on the subject site;
(12) Police quality video surveillance shall be established, operated and maintained on the subject site, which system shall be accessible to the Sheriff's Department upon request;
(13) The business operator shall permit law enforcement to have access to the business during regular business hours; and
(14) Other operational conditions may be imposed as part of the issuance of the conditional use permit, including conditions limiting the duration of the permit and permitting revocation under specified circumstances, subject to notice and hearing.
(dd) Restaurants, including on-site sales of alcoholic beverages, where outdoor dining facilities are provided.
(ee) Markets, grocery stores and supermarket food stores, containing incidental cooking and preparation of baked goods, ready-to-eat food products, and hot foods, and/or restaurants, and/or banks, whether or not for sub-lease, provided that such use or uses and any related product display and seating area does not exceed 30% of the gross floor area of the market, grocery store or supermarket, subject to these restrictions:
(1) The market, grocery store or supermarket food store has a gross floor area of at least 5,000 square feet.
(2) A bank provided the bank does not occupy more than 2% of the gross floor area. For purposes of this section, an automated teller machine (ATM) by itself and not in conjunction with other banking services, shall not constitute a bank.
However, if other banking services are provided so as to qualify as a bank under this section, the floor area used in connection with the ATM shall be counted toward the total amount of floor area that may be devoted to the bank. (ff) Automobile EV Charging Stations. Electric Vehicles (EV) charging stations and other sustainable/green construction applications and a Drive-Thru Car Wash with City of Artesia, CA
§ 9-2.3203 § 9-2.3203
vacuum stations, may be allowed as primary uses subject to a conditional use permit when combined with existing or proposed retail and restaurant uses per Section 9-2.3202 of this Code subject to these following restrictions:
(1) The minimum property lot size shall be 43,000 square feet. (2) The EV charging stations and drive-thru car wash will be fully automated with wash and rinse services with dedicated self-vacuum parking stations. (3) The required parking for the drive-thru car wash station will be in the form of vacuum stations at a rate of not less than one parking space per 250 square feet of gross floor area of drive-thru car wash and shall provide any and all required American Disability Act (ADA) parking. All required parking for the retail and restaurant shall be in accordance with Article 11 (Off-Street Parking and Loading) of Chapter 2 (Zoning) of Title 9 (Planning and Zoning). (4) The Drive-thru car wash must have the minimum vehicle queueing of five vehicles. If the queueing of vehicles results in negative impacts to the flow of vehicular or pedestrian traffic in the public right-of-way, or to the general health, safety, and welfare of the public, the City is authorized to require a vehicle queueing management plan, which shall address said negative impacts to the sole satisfaction of the City. The City shall be authorized to impose reasonable conditions of approval to eliminate or mitigate any negative impact of the vehicle queueing.
(5) The drive-thru car wash must provide EV charging stations at a rate of not less than one EV parking space per 500 square feet of gross floor area of drive-thru car wash.
(6) The drive-thru car wash must not exceed 75 percent of the total gross floor area proposed or existing principal uses.
(7) The Drive-thru car wash must obtain all necessary licenses, approvals, and permits from all applicable local, County, State, and Federal public agencies. (8) In addition to the development standards as set forth in Section 9-2.3205, the Drive-thru car wash must meet the following development standards:
(i) The automated drive-through car wash structure/building shall comply with the following minimum setbacks:
(A) Front: 55 feet.
(B) Interior Side: 4 feet.
(C) Street Side: 100 feet.
(D) Rear: 110 feet.
(9) The existing or proposed retail and restaurant uses shall be a minimum of 6,200 City of Artesia, CA
§ 9-2.3203 § 9-2.3203
square foot.
(Ord. 159, § 43.03; Ord. 187, § 1; Ord. 226, § 3; Ord. 228, § 3; Ord. 291, § 1; Ord. 324, § 1; Ord. 385A, §§ 4, 5; Ord. 385, §§ 4, 5; Ord. 502, § 1; Ord. 503, § 2; Ord. 531, § 5; Ord. 560, § 6; Ord. 575, § 10; Ord. 576, § 3; Ord. 587, § 10; Ord. 591, § 4; Ord. 606, § 6; Ord. 626, § 12; Ord. 631, § 8; Ord. 650, Ord. 655, § 6; § 7; Ord. 662, §§ 6, 7; Ord. 07-701, § 6; Ord. 07-713, § 6; Ord. 08-727, § 6; Ord. 08-728, § 6; Ord. 08-736, § 11; Ord. 14-813, § 6; Ord. 15-825, § 6; Ord. 19-880, § 11; Ord. 19-882, § 11; Ord. 20-905, § 6; Ord. 21-918, § 5; Ord. 22-932, § 6; Ord. 22-934U, § 6; Ord. No. 24-952, 5/13/ 2024)
EXHIBIT B
OFF SALE ALCOHOL LICENSES (TYPE 20 & 21)
ALL ARTESIA CENSUS TRACTS
Approved Type 20 & 21 Alcohol Licenses in Artesia (3 alcohol licenses at gasoline stations) License
Number Status
License
Type
Orig. Iss.
Date Expir. Date Primary Owner Premises Addr. Business Name 355519 ACTIVE 21 10/14/1999 9/30/2026
STATER BROS
MARKETS
11815 ARTESIA BLVD,ARTESIA, CA
90701Census Tract: 5545.21
STATER BROS MARKETS
161
384511 ACTIVE 21 7/16/2003 1/31/2027
TAWA
SUPERMARKET INC
17713 PIONEER BLVD,ARTESIA, CA
90701Census Tract: 5548.02 99 RANCH MARKET
444994 ACTIVE 20 12/29/2006 11/30/2026
AMERICAN RANCH &
SEAFOOD MARKETS
INC
19105 PIONEER BLVD,ARTESIA, CA
90701-6603Census Tract: 5549.00
AMERICAN RANCH &
SEAFOOD MARKET
453042 ACTIVE 20 6/6/2007 5/31/2026
COSTA, MARCO
PAUL
11655 ARTESIA BLVD,ARTESIA, CA
90701-3849Census Tract: 5545.21 PORTUGAL IMPORTS
479370 ACTIVE 21 9/2/2009 8/31/2026
GARFIELD BEACH
CVS LLC
11851 ARTESIA BLVD,ARTESIA, CA
90701-4002Census Tract: 5545.21 CVS PHARMACY 9488
483700 ACTIVE 20 12/24/2009 11/30/2026
KEVIN
CORPORATION
16725 PIONEER BLVD,ARTESIA, CA
90701-1717Census Tract: 5545.21 PIONEER CHEVRON
485321 ACTIVE 20 9/23/2010 6/30/2026 WALGREEN CO
11800 ARTESIA BLVD,ARTESIA, CA
90701-4003Census Tract: 5548.02 WALGREENS 05773
543492 ACTIVE 20 5/14/2014 4/30/2026 POTENTIA FUEL INC
11756 SOUTH ST,ARTESIA, CA
90701-6616Census Tract: 5549.00 POTENTIA FUEL
551345 ACTIVE 21 12/24/2014 11/30/2026 DIAB, YACOUB
12135 SOUTH ST,ARTESIA, CA
90701Census Tract: 5549.00 TERRY'S LIQUOR
576039 ACTIVE 20 11/28/2016 11/30/2026
FRESH CATCH
SEAFOOD MARKET
INC
11618 SOUTH ST,ARTESIA, CA
90701Census Tract: 5549.00
579407 ACTIVE 20 6/6/2017 6/30/2026 7 ELEVEN INC
12202 SOUTH STREET,ARTESIA, CA
90701Census Tract: 5549.00
7 ELEVEN INC STORE
#37052 A
593110 ACTIVE 20 10/14/2020 9/30/2026
JOHAL OIL
CORPORATION, INC.
16809 PIONEER BLVD,ARTESIA, CA
90701-1719Census Tract: 5545.21
JOHAL OIL
CORPORATION
612582 ACTIVE 20 12/12/2019 6/30/2026 7 ELEVEN INC
12200 ARTESIA BLVD,ARTESIA, CA
90701Census Tract: 5548.02 7-ELEVEN STORE 24629B
618349 ACTIVE 21 2/18/2021 1/31/2026 MILANO LIQUOR INC
11756 166TH ST,ARTESIA, CA 90701-
1723Census Tract: 5545.21 FOOD MART LIQUOR
629621 ACTIVE 21 5/11/2022 4/30/2026
PRAJAPATI,
RAJENDRAKUMAR
MAFATLAL
18801 PIONEER BLVD,ARTESIA, CA
90701-5633Census Tract: 5549.00 PIONEER LIQUOR
649608 ACTIVE 21 9/19/2023 8/31/2026 RAJ SRI TWO INC.
11402 ARTESIA BLVD,ARTESIA, CA
90701-3844Census Tract: 5548.02
JERRYS LIQUOR
MARKET
EXHIBIT B
OFF SALE ALCOHOL LICENSES (TYPE 20 & 21)
ALL ARTESIA CENSUS TRACTS
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9F.
TO: Mayor and Members of the City Council
SUBJECT: Second Reading and Consideration of Ordinance New Developments' Annexation into Financing Districts
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Ordinance No. 26-985, Adding Chapter 16 to Title 8 of the Artesia Municipal Code Relating to New Developments and Annexation Into Financing Districts and Setting Alternatives and Exemptions; And Determining the Ordinance To Be Exempt From CEQA,Pursuant to CEQA Guideline Sections 15378(b)(5) and 15061(b)(3)
BACKGROUND:
The City Council took action to waive further reading, and introduce Ordinance No. 26-985 on April 13, 2026.
FISCAL IMPACT:
There are no fiscal impact associated with the approval of this item.
Attachments
CFD Ordinance No. 26-985.pdf
ORDINANCE NO. 26-985
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARTESIA, CALIFORNIA, ADDING CHAPTER
16 TO TITLE 8 OF THE ARTESIA MUNICIPAL CODE
RELATING TO NEW DEVELOPMENTS AND
ANNEXATION INTO FINANCING DISTRICTS AND
SETTING ALTERNATIVES AND EXEMPTIONS; AND
DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA
WHEREAS, the City of Artesia (“City”) is authorized under its police power to enact regulations to preserve the public health, safety, and welfare; WHEREAS, in 2017, the City established the City of Artesia, Community Facilities District No. 2017-1 (Services), Los Angeles County, State of California (the “District”), pursuant to the Mello-Roos Community Facilities Act of 1982 (commencing with Gov. Code § 53311 et seq.) (the “Act”) in order to provide a method of funding specified services for the development occurring within the District and to pay all costs associated with forming the District; WHEREAS, pursuant to article 3.5 of the Act, the City may annex additional property to the District and the City has conducted annexations of additional property to the District subsequent to its formation;
WHEREAS, the District levies special taxes on parcels of taxable property therein for the purpose of providing quintessential and necessary public services including police, fire, ambulance, flood and storm protection, maintenance and lighting of parks, parkways, streets, roads, and open space (the “Services”). The City Council formed and approved the District through Resolution Nos. 17-2661, 17-2662, and 17-2663;
WHEREAS, the City Council wishes to formalize a condition upon which all new residential development occurring within the City must annex into the District, or similar community facilities district to meet increased demands placed upon the City as a result of new development of real property;
WHEREAS, the proposed regulations provide that if a subject property does not annex into the District, for whatever reason, then alternatively, the property owner shall pay for the services that would have been covered by the District providing the Services at the rate and method of apportionment of special taxes approved in connection with the District;
WHEREAS, the Ordinance balances the City’s need to meet increased demands from new development and facilitate the production of affordable housing by applying to all new development but exempting deed restricted affordable housing, as specified;
WHEREAS, the Housing Accountability Act expressly allows a city to impose conditions of approval as long as the conditions do not render a project infeasible or reduce the project’s density. (Gov. Code, §§ 65589.5(d), (j)(1).) Formalizing a condition for new development to annex into the City’s District or otherwise provide an alternative funding plan would not render a development project infeasible or reduce any project’s density because such condition does not impact unit quantity, unit size, building height, setbacks, lot coverage or any other design feature. If a development is annexed into the District, then annual costs would not be borne by the property owner developing the property, but would be borne by the individual property owners who subsequently purchase each unit.
Additionally, any property receiving a welfare exemption pursuant to Revenue and Taxation Code section 214(g) shall be exempt from the special tax of the District pursuant to Government Code section 53340(c); and
WHEREAS, on April 13, 2026, the City Council considered a staff report and public testimony regarding the proposed Ordinance, and all legal preconditions to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) because the Ordinance is not a CEQA “project” pursuant to State CEQA Guidelines section 15378(b)(5), which provides that organizational and administrative activities of governments that will not result in physical environmental impacts are not CEQA projects, and here the proposed Ordinance establishes a funding mechanism for the City to provide certain operations and maintenance of the Services. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance does not propose nor authorize any action that would have the potential to cause a physical change to the environment, directly or indirectly. The City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.
SECTION 3. Amendment. Chapter 16 is added to Title 8, “Building Regulations,” of the Artesia Municipal Code as set forth below:
“Chapter 16 COMMUNITY FACILITY DISTRICTS
§8-16.01 Establishing a New or Annexation Into An Existing Community Facilities District to Fund Services.
(a) Definitions. Whenever any of the following names or terms are used in this Chapter, those names or terms shall be deemed and construed to have the meaning ascribed to it in this section as follows, all other names or terms not listed shall have their ordinary meaning ascribed:
“Affordable Unit” shall mean any unit within a development that is subject to an executed, legally binding covenant, recorded against the subject property, guaranteeing the affordability of such unit to persons of low, very low, or moderate income for at least 35 years. An Affordable Unit includes, but is not limited to, any unit that is deed restricted affordable in accordance with applicable state housing law (e.g., Government Code, § 65915).. “Building Permit” shall mean an official, written document issued by the City of Artesia granting legal permission to start construction, reconstruction, or physical alteration of a structure.
“CFD No. 2017-1” shall mean the City of Artesia Community Facilities District No. 2017-1 (Services), Los Angeles County, State of California. “Community Facilities District” shall mean a legally constituted governmental entity established pursuant to Chapter 2.5 of the Act for the sole purpose of financing facilities and Services.
“New Development” shall mean any residential development project requiring a building permit for the construction, reconstruction, or physical alteration of improved or unimproved real property.
“Rate and Method of Apportionment of Special Taxes” or “RMA” shall mean that certain document known as the “City of Artesia Community Facilities District No. 2017-1 (Services) Rate and Method of Apportionment” for CFD No. 2017-1 or similar document for another Community Facilities District which defines how to calculate and allocate the maximum special taxes per parcel of taxable property.
“Services” shall mean the services as defined in section 53313 of the Act, including, but not limited to, police; fire and ambulance; flood and storm protection; maintenance and lighting of parks, parkways, streets, roads, and open space; and the maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.
“The Act” shall mean the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with section 53311 et seq., as amended. (b) Purpose and Intent. It is the purpose of this Chapter to establish regulations and standards that all New Development occurring in the City mitigate its impacts on the City’s Services including, without limitation, police, fire, ambulance, flood and storm protection, maintenance and lighting of parks, parkways, streets, roads, and open space by providing a funding mechanism to provide Services, whether they are increases to existing Services or new Services to be provided.
(c) New Development. As a condition to the issuance of a Building Permit for any New Development occurring in the City for which a Building Permit is required, the owner of land for which such Building Permit is sought shall be required to annex the real property for which the permit is sought into CFD No. 2017-1 or other Community Facilities District in existence at the time of Building Permit application, or, at the property owner’s election, the property owner shall establish a new Community Facilities District for the purpose of funding the costs of providing the Services.
(d) If a property proposed for New Development is not successfully annexed into CFD No. 2017-1 or another existing Community Facilities District, or is otherwise not included in a Community Facilities District providing Services, or the property owner elects not to join any Community Facilities District, then the property owner shall, at the time of applying for a Building Permit, provide payment for the Services that would have been covered by a Community Facilities District at the Rate and Method of Apportionment of Special Taxes approved in connection with the formation of the respective Community Facilities District for the duration of 75 years. (e) Subsections (b) through (d) do not apply to any of the following:
(1) The construction, reconstruction, or physical alteration of any existing structure or portion thereof in which the final floor area does not exceed the floor area existing prior to such construction, reconstruction, or physical alteration, unless such property is being converted from a non-residential property use into a residential property use. In such event of a property being converted from a non-residential property use into a residential property use, the converted property shall be subject to the provisions of this Chapter and the requirement to provide funding for the Services.
(2) Any Affordable Unit. However, if a unit ceases to be an Affordable Unit, as defined herein, then the unit will be subject to a Community Facilities District or applicable payment.
(3) The development of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) pursuant to Government Code section 66310 et seq. and Article 45 of Title 9 of this Code.
(4) Any non-residential property. For purposes of this section, nonresidential property shall include but not be limited to all property classified as transient property such as hotels and motels.
(5) Any property that has received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code pursuant to Government Code section 53340(c).”
SECTION 4. Effective Date. This Ordinance shall become effective 30 days following its adoption.
SECTION 5. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council of the City of Artesia declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 6. Adoption, Certification, and Publication. The City Clerk of the City of Artesia shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
SECTION 7. Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings.
PASSED, APPROVED AND ADOPTED by the City Council of the Artesia, California, at a regular meeting of the City Council held on the 11th day of May, 2026 by the following vote:
______________________________
RENE TREVINO, MAYOR
ATTEST:
__________________________________
JENNIFER ALDERETE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
BEST BEST & KRIEGER, CITY ATTORNEY
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9G.
TO: Mayor and Members of the City Council
SUBJECT: Resolution of Intention to Set and Hold a Public Hearing for June 8, 2026 FROM: Karen Lee, Special Projects Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council, adopt Resolution No. 26-3084, A Resolution of the City Council of the City of Artesia, California, Declaring its Intention to Adopt an Ordinance Granting a Franchise to Crimson Pipeline, LP to Maintain and Operate a Pipeline for the Transportation of Petroleum Products for Any and All Purposes in, Along, Across and Under Certain Public Streets Within the City of Artesia and Setting the Public Hearing on the Adoption of this Ordinance for June 8, 2026.
BACKGROUND:
In 2011, the City of Artesia ("City") granted a 15-year franchise to Crimson Pipeline to maintain and operate an 8- inch pipeline measuring 6,853 feet in length, known as the Brea West Crude Line, which runs from a northerly to a southerly direction under Norwalk Boulevard through the City. The franchise allowed Crimson Pipeline to lay and maintain pipes in the City streets for the purpose of maintaining and operating its petroleum products subject to paying the City a franchise fee. The franchise fee is an annual payment calculated for each lineal foot of pipeline located in the City multiplied by the applicable base rate set by state law. The annual payment shall be computed and revised each calendar year by a formula set by state law involving the Consumer Price Index for the area.
Crimson Pipeline filed for a new franchise pursuant to the Franchise Act of 1937 (commencing at Public Utilities Code Section 6201 et. Seq.). City staff, the City Attorney's office, and Crimson Pipeline have been negotiating and are ready to move forward with entering into a new franchise agreement.
ANALYSIS:
The proposed franchise provides that Crimson Pipeline, its successors, or assigns, will pay to the City during the life of the franchise the payment provided for by law. This payment is required annually and is calculated for each lineal foot of pipeline located in the City, multiplied by the applicable base rate set by state law. The annual payment shall be computed and revised each calendar year by a formula set by state law involving the Consumer Price Index for the area.
In conjunction with the adoption of the franchise ordinance, Crimson Pipeline has agreed to reimburse the City for the cost of publishing the public hearing notice. The franchise will be in the form of an ordinance. To begin the process of approving the franchise, the City Council needs to adopt proposed Resolution No. 26-3084, a Resolution of Intention to enter into a franchise with Crimson Pipeline. The Council’s adoption of a Resolution of Intention is required by California Public Utilities Code Section 6232 and will set a public hearing date for the franchise to be introduced on June 8, 2026. If adopted, the public hearing notice will be published within 15 days of adoption in a newspaper of general circulation. The notice will provide that the City Council is considering the approval of a franchise with Crimson Pipeline and will hear any protests to entering into the water franchise on June 8, 2026. Following the public hearing, the water franchise may be introduced for first reading.
CEQA EXEMPTION:
Proposed Resolution No. 26-3084 consists of setting a public hearing date only and pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), adopting the proposed Resolution is categorically exempt from CEQA based upon a Class 1 exemption.
FISCAL IMPACT:
There will be no fiscal impact on the General Fund resulting from adopting the Resolution of Intention.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council, adopt Resolution No. 26-3084, A Resolution of the City Council of the City of Artesia, California, Declaring its Intention to Adopt an Ordinance Granting a Franchise to Crimson Pipeline, LP to Maintain and Operate a Pipeline for the Transportation of Petroleum Products for Any and All Purposes in, Along, Across and Under Certain Public Streets within the City of Artesia and Setting the Public Hearing on the Adoption of this Ordinance for June 8, 2026.
Attachments
Resolution 26-3084.pdf
A0444-1043\2115547v1.doc
RESOLUTION NO. 26-3084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, DECLARING ITS INTENTION TO
ADOPT AN ORDINANCE GRANTING TO CRIMSON
PIPELINE L.P. THE RIGHT, PRIVILEGE, AND FRANCHISE
TO LAY, MAINTAIN, AND USE PIPES AND
APPURTENANCES FOR TRANSMITTING AND
DISTRIBUTING PETROLEUM FOR ANY AND ALL
PURPOSES UNDER, ALONG, ACROSS, OR UPON THE
PUBLIC STREETS AND PLACES WITHIN THE CITY OF
ARTESIA AND SETTING THE PUBLIC HEARING ON THE
ADOPTION OF THIS ORDINANCE FOR JUNE 8, 2026
THE CITY COUNCIL OF THE CITY OF ARTESIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Artesia does hereby find, determine and declare that:
(a) On August 8, 2011, the City of Artesia (“City”) adopted an ordinance granting a 15 year franchise to Crimson Pipeline L.P. Said franchise will expire in September 2026.
(b) The Proposed Franchise would provide that Crimson Pipeline L.P., and its successors and assigns, shall pay to the City during the life of the franchise, the sum provided by law during the life of the franchise, which is an annual payment calculated for each lineal foot of pipeline located in the City multiplied by the applicable base rate set by state law. The annual payment shall be computed and revised each calendar year by a formula set by state law involving the Consumer Price Index for the area. The Proposed Franchise also provides that the payment will be paid annually from the date of the granting of the franchise, and in the event such payment is not made the franchise will be forfeited.
(c) The term of the Proposed Franchise shall be 15 years from and after the effective date of the franchise, subject to termination for grounds specified in the Proposed Franchise.
Section 2. Declaration of Intent to Grant Proposed Franchise. As provided in Public Utilities Code Section 6232, the City Council of the City of Artesia does hereby declare its intent to hold a public hearing and to grant the Proposed Franchise described in Section 1 of this Resolution.
Section 3. Setting the Public Hearing.
(a) The City Council of the City of Artesia does hereby set the public hearing on the granting of the Proposed Franchise for the date, time and place set forth below:
-2-
A0444-1043\2115547v1.doc
Date: June 8, 2026
Time: 7:00 p.m. or as soon thereafter as the matter may be heard
Location: City of Artesia Council Chambers
18747 Clarkdale Avenue
Artesia, CA 90701
(b) All persons having any objection to the granting of the Proposed Franchise may appear before the City Council and be heard thereon at the date, time and location of the Public Hearing.
(c) At any time not later than the hour set for the public hearing of objections, any person interested may make written protest stating objections against the granting of the Proposed Franchise. The protest shall be signed by the protestant and be delivered to the City Clerk. At the time set for hearing objections the legislative body shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive, subject to the right of referendum of the people. (d) The City Council may adjourn the hearing from time to time. (e) The City Clerk is hereby authorized and directed to publish a notice of the public hearing described in this Resolution along with the information contained in this Resolution, as provided in Exhibit A attached hereto at least one time within fifteen (15) days of the date of the adoption of this Resolution in a newspaper of general circulation within the City of Artesia.
Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 11th day of May, 2026. ______________________________
Rene Trevino, Mayor
ATTEST:
_______________________________
Jennifer Alderete, City Clerk
APPROVED AS TO FORM:
_______________________________
Best Best & Krieger, City Attorney
-3-
A0444-1043\2115547v1.doc
Exhibit A
FORM OF NOTICE
NOTICE OF INTENTION TO CONSIDER GRANTING A FRANCHISE
NOTICE IS HEREBY GIVEN that Crimson Pipeline L.P., hereafter referred to as Grantee, has filed an application with the City of Artesia requesting that the City Council grant to it a franchise for a term of 15 years from and after the date upon which the franchise shall become effective. The franchise would grant Grantee the right and privilege to lay, maintain and use pipes and appurtenances for transmitting and distributing water for all purposes under, along, across or upon the public streets, ways, and alleys as the same may now or may hereafter exist within the City of Artesia.
If said franchise shall be granted to it, Grantee and its approved assigns will pay to said City in lawful money of the United States a sum annually the sum provided by law during the life of the franchise, which is an annual payment calculated for each lineal foot of pipeline located in the City multiplied by the applicable base rate set by state law. The annual payment shall be computed and revised each calendar year by a formula set by state law involving the Consumer Price Index for the area. The Proposed Franchise also provides that the payment will be paid annually from the date of the granting of the franchise Furthermore, in the event such payment is not made by the Grantee, the franchise will be forfeited.
The Grantee shall also pay to the City within thirty (30) days after receiving a statement therefor, all administrative and other costs incurred by the City in processing the application for a franchise, and for any and all advertising and publishing costs, including the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the franchise.
NOTICE IS FURTHER GIVEN that any and all persons having any objection to the granting of said franchise may appear before the City Council of the City of Artesia at the City of Artesia Council Chambers located at 18747 Clarkdale Avenue, Artesia, California, at 7:00 p.m. on June 8, 2026, and be heard thereon; and at any time not later than the hour set for hearing objections, any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and be delivered to the City Clerk. The City Council at the time set for hearing said objections shall proceed to hear and pass upon all written protests so made.
For further particulars, reference is hereby made to the draft franchise ordinance which is on file in the office of said City Clerk and also to the resolution adopted by the City Council on the 11th day of May, 2026, declaring its intention to consider granting said franchise.
Dated: _____________, 2026 Jennifer Alderete,
City Clerk
City of Artesia
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9H.
TO: Mayor and Members of the City Council
SUBJECT: Large Event Facility Use Permit
FROM: Edith Guerra, Parks and Recreation Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council co-sponsor and approve the issuance of a Large Event Facility Use Permit to the Artesia Chamber of Commerce to hold a Diwali Festival on Sunday, October 25, 2026, at Artesia Park according to the conditions set forth in the staff report.
BACKGROUND:
The City's Facility Use Regulations and Fee Schedule (Regulations) dated April 13, 2026, inclusive of Exhibit C and D, stipulate requirements for large event Facility Use Permits including the required approval by the City Council for issuance of a Permit. Exhibit C and D of the Regulations also stipulate that a $1,500 refundable security deposit (see Section VII.A.11.b. - Security Deposit Fee) and liability insurance bond in the minimum amount of $5,000,000 with the City of Artesia ("City") named as additional insured, must be on file with the Parks and Recreation Department ("Department") at least 14 days prior to the Festival/Carnival/Circus equipment entering the Facilities.
ANALYSIS:
The Department received a Facility Use Application from the Artesia Chamber of Commerce, signed by President Bina Patel, on April 15, 2026 to hold a Diwali Festival at Artesia Park in the Baseball fields on Sunday, October 25, 2026 from 7:00 a.m. – 10:00 p.m., which includes the set-up and clean-up time. Staff accepted the application fee of $50 and facility use deposit of $1,500, and is recommending the Council approve the application.
If the Large Event Facility Use Permit is approved, the following conditions will be applied to the applicant in accordance with Exhibit D of the Regulations:
1. The applicant is responsible to provide an operational plan including set up, clean up, event schedule, points of contact during the event, and a site plan at least one month prior to the event.
2. The applicant is responsible for paying all costs associated with the event, including facility use fees, staffing, insurance, and set-up/clean up. Event costs include the following:
a. Application Processing Fee: $50
b. Security Deposit (refundable): $1,500
c. Facility Use Fees: $200 (lighting from 5:00 p.m. - 10:00 p.m.) d. Staffing: 2 Recreation Staff for 7 hours: $812
e. Staffing: 2 Maintenance Staff for 7 hours: $812
f. Total Fees Charged: $3,374
3. The applicant is responsible for providing event liability insurance with a minimum policy amount of $5,000,000 naming the City, its officers, employees and volunteers as additionally insured. The certificate of insurance must be received and approved by the City no less than 14 days prior to the event.
4. The applicant is responsible for any fees incurred by the Los Angeles County Department of Health in relation to securing a Community Event Permit and Health Permits for any food vendors and food trucks.
5. The applicant is responsible for any fees incurred by the Los Angeles County Fire Department in relation to securing a Fire Inspection for all structures constructed on the park facility for use at the event.
6. The applicant is responsible for any fees incurred by the Los Angeles County Sheriff's Department for security services at the event.
7. The event venue will be limited to the inside of the Baseball Fields.
8. The event is limited to 2,500 people as indicated on the Facility Use Application filled out by the applicant.
FISCAL IMPACT:
The collection of the facility use fees would result in revenue to offset park maintenance resulting from the use of the facilities, and would cover additional Recreation and Maintenance staff time for the event. All other costs associated with the event will be the responsibility of the applicant and there would be no negative impact to the City's General Fund.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council co-sponsor and approve the issuance of a Large Event Facility Use Permit to the Artesia Chamber of Commerce to hold a Diwali Festival on Saturday, October 25, 2026, at Artesia Park according to the conditions set forth in the staff report.
Attachments
Artesia Chamber Facility Use Application 10-25-26.pdf
Artesia- Facility Use Regulations- updated 4-13-26.pdf
1 CITY OF ARTESIA
FACILITY USE REGULATIONS
(Adopted by the Artesia City Council on April 13, 2026
by way of Resolution No. 26-3081)
I. Section 1.00 – PURPOSE
The City of Artesia, through its Parks and Recreation Department, strives to provide facilities and services that will enrich the recreational and leisure life of Artesia residents. The City’s Facility Use Regulations provide a fair and workable system for scheduling and controlling the use of the City’s recreation and community facilities.
These Regulations ensure that the use of available facilities is first available to programs supporting the Parks and Recreation Department, residents of the City, and then to non-residents if facilities are available. These Regulations enable the City’s staff to consistently provide service to the community and collect the assigned fees in accordance with the regulations approved by City Council. The Facility Use Regulations also allow the City to secure additional revenue by making its facilities available to others when not needed for City programs or functions so as to partially offset the City’s significant costs to maintain and support the City’s recreational and community facilities.
II. Section 2.00 – DEFINITIONS
The following terms and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
APPLICANT shall mean the Person who signs and submits a Facility Use Application to the City.
CARNIVAL shall mean a traveling amusement show featuring exhibits and rides.
CIRCUS shall mean a traveling company with varied performances by clowns, acrobats and trained animals.
CITY shall mean the City of Artesia, California, its officers, agents, and employees.
CITY MANAGER shall mean the City Manager of the City, or his or her designee.
CODE shall mean the Municipal Code of the City.
COMMERCIAL shall mean profit making, wholesale or retail activity conducted by Persons other than a Non-Profit Organization.
DEPARTMENT shall mean the Parks and Recreation Department. 2 EQUIPMENT shall include City recreational equipment, including, but not limited to, tables, chairs, and ball field maintenance equipment (e.g., rakes, bases, drag nets, screens, and nets), storage bins, utility vehicles, and other related equipment.
EXPRESSIVE ACTIVITY shall mean speech or conduct, the sole or principal object of which is the expression, dissemination or communication of verbal, visual, literary or auditory opinions, views, or ideas. Expressive Activity includes public forum speech or conduct protected by the First Amendment to the United States or California Constitutions.
FACILITY shall include Artesia Park, A.J. Padelford Park, Baber Park, City Community Centers, and any City recreation building, sports fields and courts, batting cage, sheltered and unsheltered picnic areas, BBQ pit, or playground thereon, and City streets, sidewalks, and public ways.
FACILITY USE APPLICATION shall mean the Department’s form requesting Use of a Facility. FACILITY USE PERMIT shall mean the Department’s consent granting Use of a Facility.
FESTIVAL shall mean an occasion for feasting or celebration, or a regularly recurring program of performances.
FIRE DEPARTMENT shall mean the Los Angeles County Fire Department.
FOOD DISTRIBUTION shall mean any distribution of food, nonperishable or perishable items to the general public.
LEAGUE shall mean four or more teams associated together in a sports activity.
MANAGER shall mean the Manager of the Department, or his or her duly authorized representative.
NON-PROFIT ACTIVITY shall include those activities undertaken by a Non-Profit Organization which add to or support Parks and Recreation Department programs, and entail a charge by the Permittee designed to offset the City’s costs in supporting said activities.
NON-PROFIT ORGANIZATION shall mean an organization registered as a non-profit corporation with the State of California Secretary of State and the Internal Revenue Service with current 501(c)(3), 501(c)(4), or 501(c)(6) status.
NON-RESIDENT shall mean a person, group, team, league or business not having or maintaining a principal residence, office, facility or business in the City. In the case of a group, team or organization, the Non-Resident group is composed of fifty percent (50%) or more members who do not have their principal residences in the City.
NON-RESIDENT NON-PROFIT shall mean a Non-Profit Organization whose membership 3 is composed of fifty percent (50%) or more Non-Residents.
PERSON shall mean any individual, firm, partnership, association, corporation, company, group, or organization of any kind.
PERMITTEE shall mean any Person given consent to Use a Facility by obtaining a Facility Use Permit.
PROFIT MAKING shall mean funds received as part of a program above the actual cost of conducting the activity.
PUBLIC ASSEMBLY shall mean events consisting of more than three hundred (300) participants during any given time.
RESIDENT shall mean a person having or maintaining a principal residence in the City, or a government employee working for the City.
RESIDENT GROUP shall mean a person, group, team, league or business having or maintaining a principal residence, office, facility or business in the City. In the case of a group, team or organization, the Resident group is composed of fifty percent (50%) or more Residents.
RESIDENT NON-PROFIT shall mean a Non-Profit Organization who must meet the criteria set forth in Section 5.B.
SHERIFF’S DEPARTMENT shall mean the Los Angeles County Sheriff’s Department.
STAFF shall mean City staff.
USE shall include meetings, activities, events, programs, processionals, picnics, food distribution, non-athletic gatherings, organized athletic team or league contests or tournaments, exhibits, dramatic performances, radio or television broadcasts (excluding broadcasts of spontaneous news events), fairs, festivals, carnivals, circuses, musical events, or similar events.
VEHICLE shall mean any wheeled conveyance, whether motor powered, animal drawn or self-propelled. The term shall include trailers of any size, kind, or description. The term shall not include baby carriages, wheelchairs, and vehicles used in the service of City Parks.
III. Section 3.00 – USES REQUIRING A FACILITY USE PERMIT A. Facilities available for public facility use include Artesia Park, A.J. Padelford Park, Baber Park, Albert O. Little Community Center, North Artesia Community Center, City recreation buildings, sports fields and courts, batting cage, sheltered and unsheltered picnic areas, BBQ pit, or playground thereon, and City streets, sidewalks, and public ways.
B. A Facility Use Permit or a large event Facility Use Permit is required for the 4 following Uses when proposed to occur in or on any such Facilities:
1. Any picnic, food distribution, outing, or other similar non-athletic gathering organized by any Person for a common purpose and composed of thirty (30) or more Persons at any picnic area or BBQ pit.
All uses at covered picnic areas or for food distribution in any area require a Use Permit regardless of the number of persons in attendance.
2. Any public meeting, assembly, parade, processional or other similar Expressive Activity, organized by any Person and consisting of seventyfive (75) or more Persons gathered for a common purpose, including, but not limited to, drills, maneuvers, ceremonies, addresses, speeches, or political meetings, which will (1) impede, obstruct, impair or interfere with free use of public ways, (2) obstruct traffic flow, or (3) which do not comply with traffic or park regulations.
3. Any Facility Use involving three hundred (300) or more Persons gathered for a common purpose and not falling within the categories described in Sections
III.B.1 & III.B.2.
4. Any organized athletic team or league contests or tournaments.
5. Any exhibit, dramatic performance, play, motion picture, radio or television broadcast (excluding broadcasts of spontaneous news events), fair, festival, carnival, circus, musical event, or similar event.
6. Any Use requiring sound amplification.
7. Any instructional course, lesson, or class which is not run through the Department’s contract class program.
IV. Section 4.00 – USES NOT REQUIRING A FACILITY USE PERMIT A. A Facility Use Permit is not required for:
1. Any picnic, outing, or other similar non-athletic gathering organized by any Person for a common purpose and composed of less than thirty (30) Persons, with the exception of food distribution, when proposed to occur at any non-covered picnic area or BBQ pit.
2. Any public meeting, assembly, parade, processional or other similar Expressive Activity, organized by any Person and composed of lessthan seventy-five (75) Persons gathered for a common purpose, where the organizer has paid the applicable procession fee established by City Resolution No. 2009-2120, as provided in Exhibit A of this Resolution, and where all participants: (1) give way to others they encounter on the public way; (2) do not obstruct traffic flow; (3) obey all traffic regulations; and (4) obey all park regulations.
5 3. Any spontaneous Expressive Activity occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such events. If practicable, the organizers should give at least four (4) hours advanced verbal or written notice to the Department prior to the spontaneous Expressive Activity informing the Department of the date and time of the event and providing an estimate of the approximate number of Persons who will be participating. Uses which require advance planning such as sports contests or tournaments organized at Artesia Park or A.J. Padelford Park, Uses requiring sound amplification, Festivals, Carnivals, or Circuses, or other Uses which require permits, licenses, insurance, or security personnel shall not be considered to be spontaneous Uses.
4. Spontaneous radio and television broadcasts of news events coming into public knowledge less than forty-eight (48) hours prior to such broadcast. If practicable, the organizers should give at least four (4) hours advanced verbal or written notice to the Department prior to the spontaneous news broadcast informing the Department of the date and time of the broadcast and providing an estimate of the approximate number of Persons who will be participating.
V. Section 5.00 – CLASSIFICATIONS OF USERS
A. Each Facility Use Application will be reviewed by the Department and classified into a group depending on the type of Person or Group submitting the Facility Use Application and the intended Use. The Department determines eligibility for each group. The City’s Use of Facilities has first priority. The classifications are listed in order of priority with Group “1” first, Group “2” second, etc.
Group 1 City. Use organized, sponsored, co-sponsored, or conducted by the City.
Group 2 Resident Non-Profit. Use by Resident Non-Profit groups which add to and support Parks and Recreation Department programs.
Group 3 Non-Resident Non-Profit. Use by Non-Resident Non-Profit Groups which add to and support Parks and Recreation
Department programs.
Group 4 Resident. Use by Residents, Resident Groups, or Businesses within the City which are holding private uses or programs which are not complimenting or supporting the Parks and Recreation Department programs.
Group 5 Non-Resident. Use by Non-Residents, Non-Resident Groups, Non-Resident Non-Profits or Businesses outside the City which are holding private uses or programs which are not
complimenting or supporting the Parks and Recreation
6 Department programs.
B. Specifications for Group 2 Users
An organization shall not be considered for Group 2–Resident Non-Profit priority unless and until the organization proves that it is registered as a nonprofit corporation or tax-exempt organization with the State of California Secretary of State and the Internal Revenue Service with current 501(c)(3), 501(c)(4), or 501(c)(6) status, and meets at least two of the following criteria:
1. Has its principle permanent meeting place in the City.
2. The Non-Profit Organization provides sufficient information for Staff to determine that the primary purpose of the organization is to serve the City’s community and at least fifty percent (50%) of its members either reside in the City, are employed in the City, or are owners or operators of a business or other establishment in the City
3. Provides substantial services to organizations located in the City or to persons residing in the City
The organization must submit the following:
a. a copy of its State incorporation papers and by-laws; b. a copy of their State of California Secretary of State and Internal Revenue Service forms with current 501(c)(3), 501(c)(4), or 501(c)(6) status;
c. a summary of services provided to the City depicting the organization’s primary purpose is to serve the City’s community; and d. a copy of a current membership roster showing residency of members.
C. Specifications for Group 3 Users
An organization shall not be considered for Group 3–Non-Resident NonProfit priority unless and until the organization satisfies the criteria for Group 2 Users as specified in Section V.B. above, with the exception of the residency requirement specified in Section V.B.1, V.B.2, and V.B.5.c.
D. Specifications for Group 4 Users
To be considered a Group 4 User, a Person or Business must have a primary residence in the City. For groups, teams or leagues, at least fifty percent (50%) of its members must reside in the City.
E. Specifications for Group 5 Users
All other users or groups which do not meet the criteria for Groups 2-4 shall be considered Group 5 Users.
F. Specifications Public Assembly Use
An applicant shall be a Non-Profit Organization or applicable group who apply to conduct large scale events and who shall be subject to satisfying the following criteria and submitting to the following information with the Facility Use Application to the Department:
7 1. The address (include City) of the principal and permanent meeting place of the organization.
2. An updated membership roster that lists the name, residence address (including City), and phone number of each member. Membership rosters will be kept confidential and will be used only for verifying residency status.
3. A roster of the organization’s event committee shall be submitted with the names, addresses (including City), and phone number of each member.
4. Activity and implementation plan that includes a description, program, and itinerary for all activities.
5. The plot plan for the site of the intended use and specifications of all equipment, furnishings, sound, electrical, structures, etc.
6. All required special permits from the Fire Department, Building and Safety Official, Health Department, and local, state and federal regulatory agencies.
VI. Section 6.00 – USE HOURS OF AVAILABILITY FOR FACILITY USES Facility Use Permits are limited to the Department’s hours of availability and what is deemed to be conductive to the peace and safety of the community. All Uses are subject to date availability. The City reserves the right to set hours of operation on a seasonal basis.
ALBERT O. LITTLE COMMUNITY CENTER AND ARTESIA PARK
A. Community Center
Sunday – Thursday 8:00 a.m. – 8:00 p.m.
Friday – Saturday 8:00 a.m. – 10:00 p.m.
B. Sheltered/Unsheltered Picnic Areas
Sunday – Thursday 8:00 a.m. – 8:00 p.m.
Friday – Saturday 8:00 a.m. – 10:00 p.m.
C. Diamonds/Sports Fields/Courts (Sports Uses)
Sunday – Thursday 7:00 a.m. – 8:30 p.m.
Friday – Saturday 7:00 a.m. – 10:00 p.m.
D. Grass Areas (Non-Sports Uses)
8 Sunday – Thursday 7:00 a.m. – 9:00 p.m. (or until sunset for unlit grass areas)
Friday – Saturday 7:00 a.m. – 10:00 p.m. (or until sunset for unlit grass areas)
NORTH ARTESIA COMMUNITY CENTER AND A.J. PADELFORD PARK
A. Community Center
Monday – Thursday 9:00 a.m. – 8:00 p.m.
Friday – Sunday 9:00 a.m. – 10:00 p.m.
B. Sheltered Picnic Area
Monday – Thursday 9:00 a.m. – 8:00 p.m.
Friday – Sunday 9:00 a.m. – 8:00 p.m.
Pursuant to Artesia Municipal Code Section 5-8.01, no person shall enter or remain in any public park in the City between the hours of 10:00 p.m. and 6:00 a.m. the following day. Section 5-8.01 does not apply to persons attending events or activities authorized by the City.
VII. Section 7.00 – FACILITY USE REGULATIONS
Use of the Facilities shall be subject to the Department’s control. Facility Use Permits may be issued provided such issuance is in accordance with all requirements of the Code and these rules and regulations. Applicants should thoroughly review these rules and regulations to become familiar with all fees, policies, and procedures. Facility Use Permits shall be issued according to the following limitations, with the exception of City Uses:
A. Filing Facility Use Applications
1. Applicants requesting Use of a Facility may make reservations up to six months in advance of the intended Use. (See Section VII.B. – Time for Filing Facility Use Applications.)
2. All Facility Use Applications shall be made on official forms provided by the Department and must be deemed completed in order to process the application.
3. The Applicant’s filing of a Facility Use Application does not constitute approval.
4. The Applicant must present valid identification with the filing of a 9 Facility Use Application to establish (1) residency, (2) Non-Profit Organization status
(if applicable), (3) applicability of fees, and (4) the amount of fees, if any. No exceptions.
5. A person of at least twenty-one (21) years of age must sign and submit the Facility Use Application.
6. Facility Use Applications requesting the Use of any Facility for the following purposes requires the Applicant to apply for a large event Facility Use Permit:
a. Use of athletic fields or sports courts at Artesia Park or Padelford Park by priority Groups 2–5 for organized sports contests or sports tournaments. (See Exhibit B – Athletic Teams and Leagues.)
b. Use of Facilities involving three hundred (300) or more Persons gathered for a common purpose or Use of Facilities requiring sound amplification. (See Exhibit C – Large Groups and Special Equipment.)
c. Festivals, Carnivals, or Circuses. (See Exhibit D – Festivals, Carnivals and Circuses.)
7. The Applicant shall provide the Department with a single contact who is to serve as the responsible representative for the Use. The responsible representative must be present at all times during the time allotted on the approved Facility Use Permit.
8. The Facility Use Application must include preparation, set-up, and clean-up times should the Applicant require time to decorate or make other preparations.
9. The Applicant shall be responsible for securing all required permits, licenses, and/or insurance policies (see Exhibit F – Insurance Requirements). An Applicant requesting Use of a Facility for food distribution shall submit copies of required and necessary Los Angeles County Health Department permits issued to the Applicant for the food distribution with the filing of the Facility Use Application.
10. Application Fees:
An Applicant must submit fee of $250 at the time of filing an application. The fee will be applied to the security deposit and fees applicable to the Use less $50 for the processing fee. All payments of fees shall be made to the City of Artesia. The remaining rental fees shall be paid no later than two (2) weeks prior to the reservation. Payments are accepted in the form of cash, check, money order, cashier’s check, 10 or credit card.
11. Security Deposit Fee
a. All Facility Use Applications must be signed and submitted with a security deposit before consideration of Facility Use Permit Approval. The security deposit fee is necessary and must be adequate to cover any potential damage, anticipated police, public works, or recreation services costs, before consideration of Facility Use Permit Approval.
b. All Facility Use Applications for large event Facility Uses (see Section VII.A.6.) must be signed and submitted with the security deposit determined by the Department to be necessary and adequate based upon the Use to cover any anticipated police, public works, or recreation service costs, before consideration of large event Facility Use Permit approval.
c. The security deposit set forth shall secure the performance of the Applicant/Permittee’s obligations. Charges for additional costs incurred by the City as a result of the Use, including, but not limited to, cleaning or repair costs, or Staff Overtime Fees (see Section VII.F.1.h.) shall be deducted from the security deposit.
The balance of the security deposit will be refunded within fourteen (14) working days from date of Use together with a statement showing any charges made against such security deposit by the Department.
12. Facility Use Permit Fee
a. Payment of Facility Use Permit Fees shall be made in full a minimum of three (3) weeks prior to the intended Use and prior to the issuance of a facility use permit.
b. All established Facility Use fees have been reviewed and approved by City Council. (See Exhibit A – Facility Use Fee Schedule.) Any exceptions or special requests not covered by this policy must be submitted in writing to the Manager and shall be reviewed by the City Manager.
c. The Permittee agrees to and shall be liable for all Sheriff’s Department and additional charges incurred by the City at a rate equal to the Sheriff’s Department billing rate for Sheriff’s Department costs for any disturbances caused by the Permittee’s guests.
Cancellation Fee
A Person holding an advance reservation for Use of a Facility and 11 desiring to cancel such reservation shall be subject to the withholding of a portion of, or the entire, security deposit and/or fees:
a. Reservations cancelled at least four (4) months prior to the event:
Rental Fees (if paid) – Full Refund
Security Deposit – Less 10% processing fee
b. Reservations cancelled at least two (2) months prior to the event:
Rental Fees (if paid) – 50% Refund
Security Deposit – 50% Refund
c. Reservations cancelled less than two (2) months prior to the event: When Rental Fees are paid:
Rental Fees – No Refund Security Deposit – Full Refund
When Rental Fees are not paid:
Security Deposit – No Refund
Waiver or Reduction of Fees
a. Users are assessed different fee amounts based on the type of user Group 2-5, as outlined in Exhibit A: Facility Use Fee Schedule. All Facility Users shall pay the facility use fees corresponding to the type of user Group. No additional
discounts or waivers shall be offered.
B. Time for Filing Facility Use Applications
1. Facility Use Applications for all Uses shall be filed at least thirty (30) days in advance of the desired Use. Any application submitted within thirty (30) days of the desired Use shall be filed at least seven (7) businesses days prior to the desired Use date to allow for processing.
The intensity of the desired use will be taken into consideration in the ability to process an application within seven (7) businesses days.
2. Applicants may submit Facility Use Applications up to six (6) months in advance.
3. Submission of a Facility Use Application shall not imply or constitute a guarantee of use of the Facility. Applications shall not advertise or print invitations prior to receiving written approval of the Use.
4. The Department may permit Applicants to apply for continuous Use of Facilities up to a maximum of three (3) non-consecutive dates per year, per Facility Use Application. Resident Non-Profit Organizations may apply for continuous Use of Facilities up to four (4) nonconsecutive dates per year.
5. The Department, in its sole discretion, may permit Applicants for athletic teams and leagues large event Facility Use Permits to apply for continuous use of Facilities for more than three (3) dates per 12 year, per Facility Use Application in order to facilitate necessary advanced planning for athletic contests or tournaments.
6. The Department may preempt continuously scheduled Uses in the event of City use of the Facility or a national or local emergency that requires the City’s utilization of the reserved Facility during the emergency.
C. Standards for Approval of Facility Use Applications and Issuance of Facility Use Permits
1. Facility Use Permits shall only be issued to Applicants twenty-one (21) years of age or older.
2. No Use is permitted which is in violation of City, County, State, or Federal laws.
3. No Facility Use shall be granted for Commercial activity.
4. The Department may impose reasonable conditions or restrictions on the granting of a Facility Use Permit as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of Persons and property, and to control vehicular and pedestrian traffic in and around the Facility, including, but not limited to, any of the following:
a. Restrictions on fires, fireworks, amplified sound, dance or sports events, use of animals, Equipment or Vehicles, the number of Persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of
unreasonable harm to the use and enjoyment of the Facility by others, or of damage to the Facility;
b. A requirement that the Applicant post a security deposit calculated to include the cost of repair for any damage to Facilities and/or Equipment, or the cost of clean up, or both; c. A requirement that the Applicant pay a fee to defray the Department’s cost of furnishing adequate security personnel during the proposed Use;
d. A requirement that the Applicant pay any required business license tax or other required fees;
e. A requirement that the Applicant furnish additional sanitary and refuse facilities based on the Use for which the permit is being sought; and/or
13 f. A requirement that the Applicant provide evidence of insurance that the Manager determines to be necessary and adequate based upon the Use, other than, or in addition to, insurance required under Exhibit G of these regulations (e.g., Uses involving the movement of large loads may require motor carrier’s or
trucker’s liability insurance).
g. A requirement that the Applicant provide evidence of required and necessary Los Angeles County Health Department permits for Use of a Facility for food distribution.
5. The Department shall require a chaperon for every fifteen (15) youths under age eighteen (18) years at a dance or social function. Chaperons must be twenty-one (21) years or older. The Department shall also request a list of chaperons.
6. The applicant is responsible for providing security personnel that are licensed and certified by the State of California. The cost for security is the responsibility of the Permittee.
D. Approval and Denial of Facility Use Applications
1. A Facility Use Application is not considered approved until (1) the Applicant delivers to the Department the Facility Use Application, Application fee, Facility Use Permit fee, security deposit, certificate of insurance or insurance fee, written evidence of permits and licenses (if applicable), and any other items deemed necessary by the Department; and (2) the Department, based on the Applicant’s satisfaction of all permit requirements and/or conditions, approves such Use in writing, or in the case of a Facility Use Application for a large event Facility Use, the City Council, approves the Use at a regularly scheduled City Council Meeting.
2. A copy of the Facility Use Application will be returned to the Applicant after approval or denial.
3. The Department shall not deny Facility Use Applications based upon the content of any Expressive Activity conveyed by the Use, the identity of associational relationships of the Applicant, or any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content, if any, ofspeech or messages conveyed by the Use.
4. The Department may deny Facility Use Applications on the following, but not limited to, bases:
a. The proposed Use will unreasonably interfere with or detract from public health, safety, or welfare, or from the general public use and enjoyment of the Facility.
14 b. The proposed Use will entail an extraordinary expense or operation by the City.
c. The Facilities and/or Equipment desired have been reserved for another Use on the day and hours requested in the application. d. The proposed Use will require the use of an entire City park. e. The proposed Use will interfere with City-sponsored programs. f. The Applicant has not paid all applicable security deposits or Facility Use Permit fees, or any checks for such fees or security deposits were returned to the City for insufficient funds. g. The Applicant previously used a City Facility, and, due to lack of cleaning or damage to the Facility and/or Equipment, did not receive all of the Application deposit back, or that Applicant failed to pay all fees or balances on Facilities or Equipment as arranged with the City.
h. The Applicant has failed to meet all Los Angeles County health and safety standards and requirements for food distribution.
5. Appealing Department Denials of Facility Use Applications.
Within ten (10) business days after receipt of the security deposit and the Facility Use Application, the Departmentshall apprise the Applicant of its reasons for denying the Facility Use Application or of any condition attached to the issuance of a Facility Use Permit. The Applicant shall have the right to appeal in writing, within five (5) days, to the City Manager. The appeal must include a copy of the notice of denial or conditions, a brief recitation of the basis of the appeal, and any other information, which the appellant may wish to submit. The City Manager will sustain or overrule the Department’s decision within five (5) business days of the appeal. The decision of the City Manager is final.
Facility Use Applications denied within thirty (30) days of the desired use shall file an appeal at least three (3) business days in advance of the desired use date to allow for processing time.
E. Indemnification, Insurance, and Subrogation
1. The Permittee shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Permittee’s use or occupancy of the Facility or adjoining property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, 15 employees, or agents.
2. Permittee shall procure and maintain general liability insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Permittee’s use or occupancy of the City’s facilities and adjoining property in the amount of one million dollars ($1,000,000) per occurrence. Such insurance shall name the City, its officers, employees, and agents as additional insured’s prior to the rental date of the Facility. Permittee shall file certificates of such insurance with the City, which shall be endorsed to provide thirty (30) days’ notice to the City of cancellation or any change of coverage or limits. If a copy of the insurance certificates is not on file prior to the event, the City may deny access to the Facility.
3. Permittee shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with Permittee’s use or occupancy of the City’s Facilities and adjoining property to the Manager or his/her designee, in writing and as soon as practicable.
4. Permittee waives any right of recovery against the City, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond the City’s control. Permittee shall not charge results of “acts of God” to the City, its officers, employees, or agents.
5. Permittee waives any right of recovery against the City, its officers, employees, and agents for indemnification, contribution, or declaratory relief arising out of or in any way connected with Permittee’s use or occupancy of the Facility and adjoining property, even if the City, its officers, employees, or agents seek recovery against Permittee.
F. Conditions of Facility Use
1. General Facility Use Permit and Permittee Rules and Regulations a. The Permittee is an independent contractor and not the agent or employee of the City or Department.
b. The Facility shall be used for the purpose stated in the Facility Use Permit and no other use will be permitted.
c. Persons will not be permitted inside any Facility in excess of the established capacity of that Facility.
d. Facility Use Permits shall not be transferred or assigned without the prior written consent of the Department.
16 e. The Permittee shall not sublease the Facility to another Person to use the Facility for the period that Permittee has been allowed by the Facility Use Permit.
f. The Permittee shall not allow another Person to use the Facility for the period that Permittee has been allowed by the Facility Use Permit.
g. All Facility Use Schedules and Permits shall be issued for specific Facilities and/or Equipment and for specific hours, and the Facilities must be vacated as scheduled.
h. The Permittee shall pay an additional Staff fee (referred to herein as “Staff Overtime Fee”) of fifty-eight ($58.00) per hour for Use of a Facility beyond the Department’s hours of
operation.
i. Immediately prior to any Use of any Facility building the Permittee shall check in with and notify the Department of the Permittee’s intent to enter the building. Permittee shall complete a Pre-Use Inspection of the facility with Staff prior to beginning any Use setup. Permittee shall also complete a PostUse Inspection of the facility with Staff prior to leaving the facility.
j. The Permittee shall ensure that no disorderly or unseemly conduct be allowed in any City facility. Applicant may be liable for additional charges requiring law enforcement callouts.
2. Set Up · Clean Up · Decorations
a. Immediately prior to and after any Use of any Facility, the Permittee and Staff shall complete and sign Pre-Use and PostUse Inspection of the facility. b. The Permittee shall take full financial responsibility for any damage to or loss of City property or Equipment identified in the Condition of Inventory Checklist that occurs as a result of the Permittee’s Use and will be required to pay for same based on the current cost of repair or replacement. Funds to pay for damages or losses shall be deducted from the security deposit or paid additionally if the charge for damage is more than the security deposit. Until payment is received, the City shall have the right to revoke the Permittee’s current Facility Use Permit and reject future Facility Use Applications.
c. The Permittee/responsible representative listed on the Facility Use Application must be present at all times during the Use, including setup, opening, closing, and cleanup.
17 d. The Permittee, caterers, bands, florists, transporters of rental equipment, and related individuals will not be permitted access to the Facility prior to or after the Use time period. Permittee shall be responsible for arranging access during the time requested for entry and exit of the Facility.
e. The Permittee shall not prepare or decorate the Facility prior to the Use start time.
f. The Permittee is responsible for setting up, decorating, cleaning, and restoring the Facility and/or Equipment to its condition prior to Use. The Permittee shall pick up, bag, and remove all trash generated by all activity in any way connected with the Facility’s Use, leaving the
Facility clean and free of all trash and litter. The Permittee shall also leave all fixtures, if any, in good working condition.
Everything must be accomplished prior to the closing time stated in the Facility Use Permit and Staff may utilize the Condition of Inventory Checklist (see Section VII.F.2.b.) to ensure that this provision is satisfied. Should the Permittee fail to do so, the City’s actual cost to do so will be deducted from the security deposit.
g. The City takes no responsibility for Permittee’s items left in or on the Facility.
h. The Permittee shall not drive or permit to be driven nails, hooks, tacks, screws, staples, poles, stakes or other forms of fasteners into any part of the Facility and shall not make or allow to be made any alterations of any kind therein. No putty shall be permitted on any part of the Facility. No rice, birdseed, confetti, glitter or other similar items shall be thrown in or around any Facility. No open flames are permitted. However, the Manager may, by written consent, permit centerpiece candles if the Manager determines the fire safety of the candles to be adequate under the circumstances.
i. No signs, posters, pictures, advertisements, names or notices shall be inscribed, displayed, printed, or affixed to any part of the outside of any Facility without the Department’s prior written approval based upon content-neutral time, place, and manner restrictions.
j. Any decorating or other alterations to any Facility are subject to the Department’s approval based upon content-neutral time, place, and manner restrictions. No structures may be erected or assembled on premises, nor may extraordinary electrical, mechanical, or other equipment be brought thereon unless 18 written approval has been obtained from the Department. All Use of Facilities shall comply with all State and local fire, health and safety laws and all decorative materials must either be made of non-combustible substances or treated with State approved flame retardant.
k. All exit doors must be operable and no part of any stairway, hallway, corridor, or exit may be used in a way that obstructs its use as an exit.
3. Use of City Equipment and Storage of Permittee’s Equipment a. Equipment may not be removed, relocated, or taken from any Facility. The Permittee may only use Equipment normally located at the Facility with the prior written approval of the Department. Should the Permittee remove, relocate, or take City Equipment from any Facility, the cost to replace or relocate the City Equipment will be deducted from the security deposit. b. Storage of the Permittee’s personal equipment and materials is not permitted at any Facility without the Department’s prior written consent as to the type of equipment or materials to be stored, the facility or container that will used to store the equipment or materials, and the location of the storage facility or container. Should the Permittee store personal equipment and materials at any Facility without the Department’s prior written consent, the Department retains the right to dispose of the equipment and bill the Permittee for the disposal cost. c. City owned utility vehicles shall not be made available for use and shall not be used by the Permittee.
d. The Permittee may be authorized to drive personal utility vehicles on park grounds with the prior written consent of the Department and under reasonable terms and conditions as imposed by the Department and the Facility Use Permit. The Permittee shall not drive any other type of motorized vehicles on fields or green space.
e. The Permittee shall secure the approval of the Department before using audio/visual systems, public address systems, and live or recorded amplified music.
4. Miscellaneous
a. The City shall have the right to control and operate the public portions of the Facilities, the heating and air conditioning, and any common use areas, in a manner deemed best for the City. 19 b. Staff shall be assigned to be present during the Use. Staff shall be responsible for, and have complete authority over, the Facility, all Equipment, participants and Uses, and shall have the authority to request changes in Use, a reduction in the volume of noise created or emanating from the Use, or cessation of Use for public safety and wellbeing, and the group(s) using the Facility must comply with these requests or instructions.
c. Failure to comply with Staff instructions or requests shall result in a loss of all fees, security deposits paid, and cessation of Use. d. The City shall provide normal use building maintenance.
However, should additional maintenance be required, due to damage or an abnormal condition caused by the Permittee, the security deposit will be surrendered to cover any and all janitorial fees and/or repair fees incurred by the Department as a result of same. Permittees will not be allowed continued Use of any Facility or Equipment until such fees are submitted. e. Buildings shall be vacated no later than 10:00 p.m. on Friday through Saturday and 8:00 p.m. on Sunday through Thursday, and outdoor activities no later than 10:00 p.m. on Friday through Saturday evenings, unless it is co-sponsored by the City.
Outdoor usage Sunday through Thursday shall be no later than 8:00 p.m. Buildings are not available for Use City holidays or holiday eves unless prior written consent is granted by the City Council based upon Staff availability and any extraordinary expense or operation the City may incur as a result of the Use date.
f. The Permittee shall not use the City or Department’s name to suggest endorsement or sponsorship of Use without the prior written consent of the Department.
g. The Permittee shall observe, obey, and comply with all applicable City, County, State, and Federal laws, and these rules and regulations, including, but not limited to, the City’s Public Parks and Public Restrooms Code (Artesia Mun. Code, title 5, ch. 8, §§ 5-8.01-5-8.06.) and the Noise Code (Artesia Mun.
Code, title 5, ch. 2, §§ 5-2.05, 5-2.06(a)-(b), & 5-2.07(a).). h. The Permittee shall not discriminate against any person because of race, color, gender, age, national origin, marital status, sexual orientation, political or religious affiliations, and/or disability. i. No publicity shall be made of the Use and no advertising shall be exhibited in or on Facilities prior to the issuance of the Facility Use Permit and unless expressly authorized in the Facility Use Permit. Approved publicity shall clearly and 20 accurately identify the name of the sponsoring organization or individual.
j. No gambling of any kind shall be conducted on or in Facilities.
An exception applies to charitable bingo games, raffles, or casino nights sponsored by Non-Profit Organizations as funding mechanisms to provide support for the Non-Profit
Organizations’ beneficial and charitable purposes.
k. The Permittee shall insure that no illegal or disorderly conduct shall be allowed in any Facility. The Permittee shall take full responsibility for the conduct of those using the Facility and Equipment and shall see to it that unauthorized portions of the Facility are not used.
l. No collection of donations or contributions, and no sale of entry tickets or of anything of value shall be made on City property without the Department’s prior written consent, nor shall any City property be used for purposes of personal gain. Charges of this nature are subject to the Department’s approval.
m. Alcoholic beverages are prohibited and shall not be permitted in or on any Facility, with the exception of the Community Center when requested and approved in writing by the Manager for City sponsored or co-sponsored events. (Artesia Municipal Code, title 5, ch. 8, § 5-8.02.) The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with state law and Department policy. No alcoholic beverages are permitted for Community Center Uses expressly conducted for Persons under the age of 21. (See Exhibit G – Serving of Alcoholic Beverages).
n. Where applicable, the Permittee shall demonstrate proof of adequate insurance coverage. (See Exhibit F – Insurance Requirements.)
o. Where applicable, the Permittee shall provide reasonable security for the permitted Use to insure the safety and security of Persons and/or personal property. (See Exhibit E – Security.) p. Inspection and permits by the Fire Department to assure compliance with public assembly regulations may be required at the Permittee’s expense. The Permittee shall be present during such inspection and be billed directly by the Fire Department. q. The City is not liable for accidents or injuries to Persons, or loss of or damage to group or individual personal property that occurs in connection with the permitted Use, unless solely caused by the negligence of the City, its officers, employees, or 21 agents.
5. Failure of Permittee to Comply with the Conditions of Facility Use a. Should the Permittee fail to comply with any provision of the Conditions of Facility Use, and such failure results in the City incurring damages, losses, expenses, fees, or costs (“costs”) for which the security deposit is insufficient to collect, the City may, and retains the right to, file a civil collection action against the Permittee for payment of all or part of the costs should the City bill the Permittee for all or part of the costs, and the Permittee fails to pay the monies owed within the time specified in the bill.
G. Cancellation and Revocation
1. The Permittee is responsible for notifying the Department of any changes in Use, including cancellations of advance reservations.
Permittees shall be liable for cancellation fees, including, but not limited to, the nonrefundable application fee of fifty dollars ($50.00) and applicable fees as outlined in Section VII.A.12 outlined above. If the security deposit is insufficient to collect the forfeit fee, the City may, and retains the right to, file a civil collection action against the Permittee for payment of all or part of the forfeit fee if the City bills the Permittee for all or part of the forfeit fee and the Permittee fails to pay the monies owed within the time specified in the bill.
2. The Department has the authority to revoke an advance Facility reservation or a Facility Use Permit at any time whenever false information has been reported to the City or Department, or there has been a violation of any City, County, State or Federal laws, or these rules and regulations, or any condition or restriction under which the Facility Use Permit was issued. A revocation of an advance Facility reservation shall result in the loss of the application deposit. A revocation of a Facility Use Permit may result in the Department denying the Permittee further Use of the Facility and Permittee shall forfeit a portion or all of the rental fee and/or the security deposit.
EXHIBIT A
CITY OF ARTESIA
FACILITY USE FEE SCHEDULE
Room/Area of Use Maximum
Capacity
Minimum
Hours of Use
Group 2 and
Group 3 Users
Group 4 Users Group 5 Users Security
Deposit
Albert O. Little Community Center
Meeting Room A or B 40 2 hours $30 per hour $50 per hour $80 per hour $150 Southeast Multipurpose
Room
75 5 hours $36 per hour $60 per hour $90 per hour $150
East Multipurpose Room 150 5 hours $60 per hour $100 per hour $130 per hour $150 West Auditorium 150 5 hours $78 per hour $130 per hour $160 per hour $150 Entire Hall 300 5 hours $132 per hour $220 per hour $250 per hour $300 Artesia Park
Unsheltered Picnic Area *1 None Free Free Free $50
Sheltered Picnic Area 10 tables 4 hours $15 per hour $25 per hour $55 per hour $75 Sports Courts: Tennis,
Basketball, Soccer
* 1 hour $10 per hour $15 per hour $20 per hour $150
Lightsfor a single type of
Sports Court
* 1 hour $5 per hour $5 per hour $5 per hour
Baseball Diamonds
1,2,3, or 4 No Lights
* 1 hour $30 per hour
per field
$50 per hour
per field
$80 per hour
per field
$150
Lightsforsingle Baseball
Diamonds
* 1 hour $10 per hour
per field
$10 per hour
per field
$10 per hour
per field
Estimate
Costs2
Pee Wee Diamonds & Open
Space Areas
* 1 hour $30 per hour
per area
$50 per hour
per area
$80 per hour
per area
$150
Grass Area Inside Baseball
Diamond Fence – No Lights
* 1 hour $60 per hour $100 per hour $130 per hour $500
1 Outdoor spaces have variable capacities depending on the type and location of the Use. 2 Users requesting use of field lights will be charged an estimated light security fee based on the estimated duration and time of day of the event and expected sunset time. Any unused light security funds will be refunded following the use along with the security deposit. If the light security fee is insufficient for the time the lights are on, the balance will be deducted from the facility use security deposit.
A-1
A-2
Baseball Diamonds 1-4
Tournament & Snack Bark
Use/No Lights
* Maximum of
14 hours
$720 per day $1,200 per day $1,500 per day $800
Field Lights for tournament
and grass area use (all lights).
* 1 hour $40 per hour $40 per hour $40 per hour Estimate Costs2
Room/Area of Use Maximum
Capacity
Minimum
Hours of Use
Group 2 and
Group 3 Users
Group 4 Users Group 5 Users Security
Deposit
North Artesia Community Center/AJ Padelford Park
Multipurpose Room 120 5 hours $60 per hour $100 per hour $130 per hour $150 Classrooms A, B, or C 20 1 hour $15 per hour $25 per hour $55 per hour $150 Sheltered Picnic Area 5 tables 4 hours $15 per hour $25 per hour $55 per hour $100 Basketball Court * 1 hour $10 per hour $15 per hour $20 per hour $150 Open Space * 1 hour $30 per hour $50 per hour $80 per hour $150 All Uses scheduled outside of facility operational hours will be assessed a $58 per hour staff fee to keep facilities open. At no time will a facility use occur without staff members present.
The Facility Use Fee Schedule will be reviewed annually to ensure the fees assessed are adequate to recover the cost of operations in association with facility uses.
B-1
EXHIBIT B
CITY OF ARTESIA
LARGE EVENT FACILITY USE PERMITS AND ADDITIONAL FEES
ATHLETIC TEAMS AND LEAGUES
A. Use of the athletic fields or courts at Artesia Park or A.J. Padelford Park by Priority Groups 2–5 for organized sports team or sports tournament uses will require a large event Facility Use Permit, a maintenance security deposit as determined by the Department to be necessary and adequate under the circumstances, and the approval of the City Council.
B. Continuous Use of the athletic fields or courts at Artesia Park or A.J. Padelford Park for organized sports team or sports tournament uses recommended for approval by the Parks and Recreation Department require payment of facility use fees in accordance with the City Facility Use Fee Schedule (see Exhibit A).
C. The large event Facility Use Permit shall be issued for a period not to exceed 15 days in one month to permit other use of the athletic fields and to allow for the recovery of athletic fields.
D. The large event Facility Use Permit shall only be issued for Use of the athletic fields when there is no City Use of the fields.
E. The large event Facility Use Permit shall be applied for in the manner set forth in the City’s Facility Use Regulations and require approval of the Manager. All rules and regulations established by the City shall be followed in conducting said sports team or sports tournament Use.
F. In addition to the Facility Use Application requirements set forth in Section VII.C. of the Facility Use Regulations, a Facility Use Application for an organized sports team or sports tournament Use is not considered approved until the Applicant delivers to the Department the team rosters of teams participating in the athletic Use.
G. In order to maintain the quality and long range scheduling of the Artesia and Padelford Parks for organized sports team or sports tournament Use, Permittee shall keep and maintain the athletic fields or courts in a good and clean condition (e.g., by picking up and properly disposing of trash left by Permittee and/or event participants, not causing the pooling of water on the athletic fields after hosing down fields, etc.). Should extra maintenance be required, due to an abnormal condition caused by the Permittee, the security deposit will be surrendered to cover said maintenance and damages.
H. See Exhibit F for applicable insurance requirements.
I. The City may cancel uses of Artesia or A.J. Padelford Parks for any of the following reasons:
B-2
1. The City is engaged in repair work involving any of the Facilities scheduled to be utilized.
2. The Department has determined at check-in time that heavy rains have rendered the athletic fields or courts unusable.
3. The Department has determined at check-in time that the health and safety of participants are threatened due to impending conditions, including, but not limited to, heavy rains, excessive heat, or smog alerts.
C-1
EXHIBIT C
CITY OF ARTESIA
LARGE EVENT FACILITY USE PERMITS AND ADDITIONAL FEES
LARGE GROUPS AND SPECIAL EQUIPMENT
A. Facility Uses involving large groups exceeding three hundred (300) Persons gathered for a common purpose or requiring sound amplification require large event Facility Use Permits, Use Fees (see Exhibit A — Facility Use Fee Schedule), additional fees as outlined in Exhibit D—Large Event Facility Use Permits and Additional Fees, and the approval of the City Council.
B. Plot plans/maps shall accompany large event Facility Use Applications for Uses involving sound amplification, tents, booths, bleachers, special equipment, or large groups exceeding three hundred (300) Persons.
D-1
EXHIBIT D
CITY OF ARTESIA
LARGE EVENT FACILITY USE PERMITS AND ADDITIONAL FEES
FESTIVALS, CARNIVALS AND CIRCUSES
A. Festival, Carnival and Circus large event Facility Use Permits shall be applied for in the manner set forth in the City’s Facility Use Regulations and require the approval of the City Council. All rules and regulations established by the City shall be followed in conducting said Festival, Carnival, or Circus.
B. A one thousand five hundred dollar ($1,500) refundable cash security deposit (see Section VII.A.11.b. – Security Deposit Fee) and liability insurance bond in the minimum amount of five million dollars ($5,000,000) with the City of Artesia named as additional insured, must be on file with the Department at least fourteen (14) days prior to the Festival/Carnival/Circus equipment entering the Facilities.
C. Festivals, Carnivals, or Circuses, for which the large event Facility Use Permittee’s employees are used to set up or operate, are required to show evidence of workers’ compensation insurance.
D. The large event Facility Use Permittee and Festival/Carnival/Circus management shall file a plot plan/map of the physical arrangements of the Festival/Carnival/Circus (i.e., location of tents, canopies, temporary membrane structures, stages, seating, portable toilets, etc.) with the Department. The ratio of the number of portable toilets to the projected number of Festival/Carnival/Circus participants shall comply with applicable State Health Department and Americans with Disabilities Act requirements. The Department must approve the plot plan/map prior to approval of the large event Facility Use Permit for the Festival/Carnival/Circus. The large event Facility Use Permittee and Festival/Carnival/Circus management shall adhere to the approved plot plan/map.
E. The large event Facility Use Permittee and Festival/Carnival/Circus management shall file an operation plan with the Department. The operation plan shall describe the set up operations and clean up operations, including the time periods allowed for each, who and how many persons will be involved, and arrangements for trash and debris containment and removal. The Department must approve the operation plan prior to approval of the large event Facility Use Permit for the Festival/Carnival/Circus. The large event Facility Use Permittee and Festival/Carnival/Circus management shall adhere to the approved operation plan.
F. The large event Facility Use Permittee and Festival/Carnival/Circus management shall file a program itinerary with the Department. The program itinerary shall include the timing of events to occur, information on plans to ensure occupancy/participant attendance, and crowd control plans for before, during, and after the event. The Department must approve the program itinerary prior to approval of the large event Facility Use Permit for the Festival/Carnival/Circus. The large event Facility Use D-2
Permittee and Festival/Carnival/Circus management shall adhere to the approved program itinerary.
G. The large event Facility Use Permittee and Festival/Carnival/Circus management shall file a parking, traffic control, and circulation plan with the Department. The Department must approve the plan prior to approval of the large event Facility Use Permit for the Festival/Carnival/Circus. The large event Facility Use Permittee and Festival/Carnival/Circus management shall adhere to the approved parking, traffic control, and circulation plan.
H. The large event Facility Use Permittee shall submit to the City, at least fourteen (14) days prior to the Festival/Carnival/Circus opening, the name, address, and phone numbers of the Festival/Carnival/Circus’ management.
I. Festival/Carnival/Circus management shall submit a list of Festival/Carnival/Circus personnel to the Department at least fourteen (14) days prior to the Festival/Carnival/Circus equipment entering the City. The Department must have the names and phone numbers of Festival/Carnival/Circus representatives who can be reached twenty-four (24) hours a day.
J. Festival/Carnival/Circus personnel, who will be working at least two (2) weeks prior to the Festival/Carnival opening, shall complete and file investigation cards with the Sheriff’s Department. These cards may be obtained from the Department.
K. The large event Facility Use Permittee and Festival/Carnival/Circus management shall obtain all applicable electrical and safety permits from the City’s Building and Safety Department. Inspections will be made by appointment only between the hours of 10:00 a.m. to 1:00 p.m.
L. It is the responsibility of the large event Facility Use Permittee and Festival/Carnival/Circus management to observe, obey, and comply with all applicable City, County, State, and Federal laws, these Facility Use rules and regulations, and any special rules and regulations governing Festivals, Carnivals or Circuses.
M. It is the responsibility of the large event Facility Use Permittee and Festival/Carnival/Circus management to observe, obey, and comply with all applicable noise and sound limitations imposed by the large event Facility Use Permit in order to ensure that disturbance to surrounding residents is minimized.
N. It is the responsibility of the large event Facility Use Permittee and Festival/Carnival/Circus management to observe, obey, and comply with all applicable standards in the operation of elevators and/or portable amusement rides (including bungee jumping) during the Festival/Carnival/Circus, including, but not limited to, California Code of Regulations, title 8, chapter 4, subchapter 6, California Code of Regulations, title 8, article 35, sections 3900 to 3920, and California Labor Code sections 7901 to 7906. Further, the large event Facility Use Permittee and Festival/Carnival/Circus management shall be responsible for obtaining all necessary permits for the operation of elevators and/or portable amusement rides from the D-3
Department of Industrial Relations (DIR) Division of Occupational Safety and Health (DOSH) Elevator, Ride and Tramway Unit.
O. It is the responsibility of the large event Facility Use Permittee and Festival/Carnival/Circus management to observe, obey, and comply with all applicable minimum safety standards in the care and conduct of animals used in the Festival/Carnival/Circus as promulgated by the United States Department of Agriculture and the Los Angeles County Department of Animal Care & Control, and/or contained in the Los Angeles County Codes pertaining to animal care and control.
P. The large event Facility Use Permittee shall be responsible for police patrol during the set-up, operation, and tear down of the Festival/Carnival/Circus. The large event Facility Use Permittee shall contact the Sheriff’s Department and be financially responsible for the officers. The Sheriff’s Department shall specify the number of Sheriff’s Deputies required.
Q. The large event Facility Use Permittee shall be responsible for any City Staff costs for setting up, monitoring, and taking down the event Facilities. The actual costs will be determined following the Festival/Carnival/Circus, and the amount paid will be deducted from the cash security deposit, resulting in either a refund to the large event Facility Use Permittee or a balance due to the City.
R. The Department shall conduct an inspection of the grounds prior to the Festival/Carnival/Circus equipment entering Artesia Park and immediately after the Festival/Carnival/Circus equipment leaves the Park.
S. No Festival/Carnival/Circus or any activities related thereto will be permitted on the turf area of Artesia Park without prior consent from the City.
T. Festival/Carnival/Circus equipment shall not be permitted on the Facilities prior to the date and time approved by the Manager.
U. The large event Facility Use Permittee shall be responsible for any non-operation hours fees and any additional Staff Overtime Fees.
E-1
EXHIBIT E
CITY OF ARTESIA
SECURITY
A. The Department, when necessary and adequate under the circumstances, shall require a minimum number of security officers for the Use. The cost of security is the responsibility of the Permittee. Security shall be arranged through the Department and made a condition to approval of the Facility Use Application. Security services must be in place ten (10) working days prior to the activity.
B. The Sheriff’s Department shall determine the number of security officers or personnel required for the Use based on the description of the event, whether or not alcohol will be served, and the number of participants, their ages, etc. Security officers or personnel shall be present at all Private events held at the Community Center at which alcohol is served. The Department may, when adequate under the circumstances, authorize Permittee’s employment of security personnel, other than Sheriff’s Department personnel, provided the personnel employed meet the requirements of the Sheriff’s Department for the type of Use.
C. Permittee is solely responsible forsupervising all individuals at the Facility and adjoining property during the Use. The Department is not responsible for providing this supervision. However, Staff shall monitor Facility Uses and have authority to suspend the serving of alcohol, evict individuals from the Facility if their conduct is reasonably deemed to be detrimental to the public, and/or terminate the Facility Use.
D. Should Staff determine the need to contact the Sheriff’s Department for any disturbances caused by the Permittee’s guests, the Permittee agrees to and shall be liable for all Sheriff’s Department and additional charges incurred by the City at a minimum rate of one hundred fifty dollars ($150.00) per hour. If the security deposit is insufficient to collect the additional charges, the City may, and retains the right to, file a civil collection action against the Permittee for payment of all or part of the additional charges if the City bills the Permittee for all or part of the charges and the Permittee fails to pay the monies owed within the time specified in the bill.
F-1
EXHIBIT F
CITY OF ARTESIA
INSURANCE REQUIREMENTS
A. The procurement of insurance shall be required for all facility uses. In addition, the following uses require additional insurance and information to be provided by the user prior to the Use: (1) athletic organized sports team or sports tournament Uses; (2) Uses anticipating a large number of participants exceeding three hundred (300) Persons; (3) Festival, Carnival, and Circus Uses; and (4) Uses requiring security officers or personnel.
B. All Persons reserving Uses that require additional insurance and provisions shall provide the City with a Certificate of Insurance naming the City of Artesia as an additional insured, as outlined below.
1. The Permittee shall obtain, and keep in full force, at the Permittee’s expense and for the mutual benefit of the City and the Permittee, a general liability insurance policy providing for:
a. claims and liability for personal injury, death or property damage arising from the Use, occupancy or disuse of the Facility or adjoining areas and ways;
b. at least one million dollars ($1,000,000) for bodily injury or death for any one person;
c. at least one million dollars ($1,000,000) for any one accident or occurrence; and
d. no less than two million dollars ($2,000,000) general aggregate.
2. Unless otherwise approved by City, insurance provided pursuant to these requirements shall be by insurers authorized to do business in California and with a minimum A.M. Best rating of A:VII.
3. Further, all such policies shall contain language to the effect that:
a. the City of Artesia and its respective elected and appointed officials, officers, employees, and volunteers are added, by endorsement, as additional insureds prior to the Use date of the Facility; b. the insured waives the right of subrogation against the City of Artesia and against the City of Artesia’s agents and representatives; c. the policies are primary and noncontributing with any insurance that may be carried by the City of Artesia; and
F-2
d. the policies cannot be canceled or materially changed except upon prior thirty (30) day written notice by the insurer to the City of Artesia.
4. In the event of any cancellation or material change, any agreement between the City and the Permittee shall terminate and be of no further force and effect.
5. The Permittee shall furnish the City with a certificate of insurance evidencing such insurance and naming the City of Artesia as additional insured at least fourteen (14) working days prior to the Permittee’s Use of the Facility. Certificates issued to the City shall contain the following language:
THE CITY OF ARTESIA, ITS ELECTED OR APPOINTED OFFICIALS,
EMPLOYEES, AND VOLUNTEERS ARE INCLUDED AS INSURED BY
ENDORSEMENT. THIS COVERAGE SHALL BE PRIMARY AND CITY
INSURANCE SHALL NOT BE CONTRIBUTORY. THERE SHALL BE NO
SUBROGATION AGAINST THE CITY. NO CANCELLATION OR
MATERIAL CHANGE SHALL BE MADE WITHOUT THIRTY (30) DAYS
WRITTEN NOTICE TO THE CITY.
6. Certificates are subject to review and approval by the City.
7. If a copy of the certificate is not on file prior to the Use, the City may deny access to the Facility.
8. The Permittee shall report any personal injuries or property damage arising at any time during, out of, or in any way connected with Permittee’s Use or occupancy of a Facility and adjoining property to the Manager, or his/her designee, in writing as soon as practicable.
G-1
EXHIBIT G
CITY OF ARTESIA
SERVING OF ALCOHOLIC BEVERAGES
A. The service of alcohol is only permitted during City sponsored or co-sponsored Uses in the Community Center. (Artesia Municipal Code, title 5, ch. 8, § 5-8.02.) B. Facility Uses requesting the service of alcohol in the Community Center shall be applied for in the manner set forth in the City’s Facility Use Regulations and require prior written consent of the City Manager. All rules and regulations established by the City shall be followed in conducting said Use.
C. In order to serve alcohol, the Applicant/Permittee must comply with the following process:
1. Applicants shall submit Facility Use Applications to serve alcohol in the Community Center to the Manager. Facility Use Applications to serve alcohol in the Community Center shall contain the following information:
a. The name, address, and phone number of the responsible representative, including, where applicable, the officers and/or directors of a corporation. b. The date and hours of occupancy of the Community Center. c. A State permit and/or license for alcoholic beverages. d. An additional clean-up and damage security deposit determined to be necessary and adequate by the Department under the circumstances. e. Evidence of the hiring of the Sheriff’s Department for the Use of the Community Center.
f. Evidence (in the form of certificates and additional insured endorsements) of Host Liquor Liability insurance coverage in an amount no less than one million ($1,000,000) in addition to other insurance requirements, as described in Exhibit G.
2. The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and Department policy.
3. The Permittee shall only sell alcoholic beverages with proof of permits allowing the sale of alcohol and prior written consent of the Department.
4. No alcoholic beverages are permitted for Uses expressly conducted for persons under the age of 21 and the Permittee shall not serve alcohol to minors. The Permittee’s failure to comply, monitor and enforce this law is grounds for terminating the Facility Use and forfeiting all security deposits and fees. Injuries G-2
caused to any person as a result of alcoholic beverages being served and/or consumed by a minor on City premises shall be the sole responsibility of the Permittee and/or responsible representative, unless solely caused by the negligence of the City, its officers, employees, or agents.
5. Injuries caused to any person as a result of alcoholic beverages being served and/or consumed by any person on the City’s premises, or arising off the City’s premises, or as a result alcohol being available on the City’s premises, shall be the sole responsibility of the Permittee and/or responsible representative.
6. The Permittee shall only serve alcohol within the Community Center. The Permittee shall not serve alcohol or allow alcohol to be consumed in the Community Center’s parking lots, public patio areas, or adjacent outside grounds adjacent.
7. Persons other than the Permittee shall not bring alcoholic beverages into the Facility.
8. Security officers or personnel shall be present at all Private events held at the Community Center at which alcohol is served. The Department, may authorize Permittee’s employment of security personnel, other than Sheriff’s Department personnel, provided the personnel employed meets the requirements of the Sheriff’s Department for the type of Use. The cost of security is the responsibility of the Permittee. Security shall be arranged through the Department and made a condition to approval of the Facility Use Application.
9. Staff shall monitor Uses and have authority to suspend the serving of alcoholic beverages and/or terminate the Use. Should Staff determine the need to contact the Sheriff’s Department for any disturbances caused by the Permittee’s guests, the Permittee shall be liable for all Sheriff’s Department and additional charges incurred by the City at a minimum rate of one hundred fifty dollars ($150.00) per hour. If the security deposit is insufficient to collect the additional charges, the City may, and retains the right to, file a civil collection action against the Permittee for payment of all or part of the additional charges if the City bills the Permittee for all or part of the charges and the Permittee fails to pay the monies owed within the time specified in the bill.
10. If security is not present, Staff may request that the Use be discontinued and to ask the Permittee’s group to leave the area.
11. If participants are found to be using illegal drugs on City property, the Use will be terminated immediately.
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9I.
TO: Mayor and Members of the City Council
SUBJECT: Resolutions for Street Lighting Maintenance District Initiating Proceedings, Approving the Engineer’s Report, Declaring the City’s Intention to Levy and Collect Assessments, and Setting the Date of the Public Hearing
FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution Nos. 26-3085, 26-3086, and 26-3087, initiating proceedings, approving the Engineer’s Report, declaring the City’s intention to levy and collect assessments, and setting the date of the public hearing for the Street Lighting Maintenance District.
BACKGROUND:
The City of Artesia ("City") Street Lighting Maintenance District encompasses the entire City and funds the installation, maintenance and servicing of streetlights, traffic signals, and related facilities located along City streets and public right-of-ways.
The City Council is requested to initiate the process of levying the Fiscal Year 2026-27 assessment within the District by (1) considering and adopting a resolution to initiate proceedings for the District; (2) considering and adopting a resolution approving the Engineer’s Report that has been prepared and is attached in connection with the District; and (3) considering and adopting a resolution declaring the City’s intention to levy the Fiscal Year 2026- 27 assessment and setting a date for a Public Hearing on the proposed assessment. The resolution of intention sets the date of the public hearing on the District as June 8, 2026.
ANALYSIS:
According to the Engineer’s Report prepared by Willdan Financial Services, the total proposed Fiscal Year 2026-27 assessment is $137,394. The assessment for each property was calculated based on the special benefit each property receives from the street lighting improvements. The proposed Fiscal Year 2026-27 assessments for each parcel within the Street Lighting Maintenance District equals the assessment for Fiscal Year 2025-26: $5.90 per parcel, plus $.34/$1.44 per frontage foot for residential/non-residential property, respectively.
Exhibit D of the Engineer's report informs that the total cost of utilities and administration is estimated at $235,631 for 2026-27. The District will generate approximately $137,394, thereby creating a shortfall of $98,237. To close the shortfall through increased assessments is a very complicated process of having an assessment district engineer engaged to perform an analysis of how much “general benefit” is provided by the street lights on each street (which generally cannot be passed on to abutting property owners through assessments) and how much “special benefit” is provided by the streetlights to property owners along the street segment (which can be passed along through assessments). The requirement to make the distinctions between “general” and “special” benefit, to have each calculated on a street-by-street basis, and then for the City to absorb the “general benefit” portion has been created by Proposition 218 and court decisions interpreting it.
FISCAL IMPACT:
The $98,237 of general fund contributions will be included in the proposed Fiscal Year 2026-27 Budget.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council adopt Resolution Nos. 26-3085, 26-3086, and 26-3087, initiating proceedings, approving the Engineer’s Report, declaring the City’s intention to levy and collect assessments, and setting the date of the public hearing for the Street Lighting Maintenance District.
Resolution No. 26-3085: FY2627 Artesia - CC Resolution No. 26-3085 (Initiation of Proceeding for Levy).docx Resolution No. 26-3086: FY2627 Artesia-CC Reso No 26-3086 Approval ER (1).docx Annual Engineer’s Report: attached as PDF [IS THIS ATTACHED TO THE RESO OR TO THE STAFF REPORT?]
Resolution No. 26-3087: FY2627 Artesia - CC Reso No 26-3087 (Declaration of Intent to Levy).docx Attachments
SLMD - FY2627 Artesia Engineers Report.pdf
Resolution 26-3085.pdf
Resolution 26-3086.pdf
Resolution 26-3087.pdf
City of Artesia
Street Lighting Maintenance District
2026/2027 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 11, 2026
Public Hearing: June 8, 2026
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510 | 888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com
ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Rates and Charges for the:
Street Lighting Maintenance District
City of Artesia
Los Angeles County, State of California
This Report and the information contained herein reflect the proposed budget for each of the various services provided by the Street Lighting Maintenance District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District.
The undersigned respectfully submits the enclosed Report as directed by the City Council of the City of Artesia.
Dated this ____________ day of ______________, 2026.
Willdan Financial Services
District Engineer
On Behalf of the City of Artesia
By: ________________________________
Chonney Gano
Project Manager, District Administration Services
By: ________________________________
Tyrone Peter
P.E. # C 81888
TABLE OF CONTENTS
I. INTRODUCTION ................................................................................................. 1 II. AUTHORITY FOR THE REPORT ....................................................................... 1 III. PROPOSITION 218 ............................................................................................. 3 IV. PLANS ................................................................................................................ 5 V. SPECIFICATIONS FOR MAINTENANCE AND SERVICING ............................... 5 VI. ESTIMATE OF COST .......................................................................................... 5 VII. DIAGRAM ........................................................................................................... 6 VIII. BENEFIT DETERMINATION ............................................................................... 6 IX. METHOD OF ASSESSMENT .............................................................................. 6 X. CERTIFICATIONS............................................................................................... 8 EXHIBIT A - ASSESSMENT ROLL ................................................................................. 9 EXHIBIT B - PLANS ........................................................................................................ 9 EXHIBIT C - DESCRIPTION OF BUDGET ITEMS .......................................................... 9 EXHIBIT D - COST OF IMPROVEMENTS .................................................................... 11 2026/2027 City of Artesia / Street Lighting Maintenance District Page 1 I. INTRODUCTION
To ensure the flow of funds for a portion of the ongoing maintenance and servicing of street lighting facilities and traffic signals within the boundaries of the City of Artesia (the “City”), the City Council has previously formed the City’s Street Lighting Maintenance District (the “District”).
Adequate lighting on public streets and traffic signals to control the flow of traffic and pedestrians are considered important for public convenience and safety.
Protection of property and reduction of traffic accidents are specific benefits that properties realize within the City. The lighting benefit is directly related to safety and property protection and therefore increases the desirability and usability of residential, commercial and industrial properties.
This Engineer’s Report (the “Report”) presents the engineering analysis for the District for Fiscal Year 2026/2027.
II. AUTHORITY FOR THE REPORT
This Report is prepared pursuant to a Resolution of the City Council ordering an Engineer’s Report and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, being Part 2, Division 15, Sections 22500 through 22679 of the Streets and Highways Code, State of California (the “1972 Act”.)
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
The installation or construction of public lighting facilities. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. The maintenance or servicing, or both, of any of the foregoing. The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
2026/2027 City of Artesia / Street Lighting Maintenance District Page 2 The costs of printing, advertising, and the publishing, posting and mailing of notices;
Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
Repair, removal, or replacement of all or any part of any improvement. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
The Report prepared by the engineer includes plans and specifications for the improvements, an estimate of the costs of the improvements, a diagram, i.e., map of the assessment district showing the boundary of the District, and an assessment of the estimated costs of the improvements against the parcels or lots, which benefit from the improvements. This Report is presented to the City Council for its review and approval as presented or, as the City Council may determine it should be modified, before approval.
After the Report is preliminarily approved, the City Council may adopt a Resolution of Intention, which describes the improvements, refers to the Report for details of the District, and sets a time and place for a public hearing on the proposed levy of assessments.
Following consideration of public comments and written protests at a noticed public hearing, and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2026/2027 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and 2026/2027 City of Artesia / Street Lighting Maintenance District Page 3 included on the property tax roll for each benefiting parcel for Fiscal Year 2026/2027. Should the County Auditor/Controller reject a proposed assessment as the parcel is no longer a valid Assessor’s Parcel Number (APN), the new parcel or parcels will be identified and resubmitted for inclusion on the tax roll with an assessment calculated based on the Method of Assessment and applicable rates.
Assessments for this District are being levied for the following:
1. The maintenance and servicing of streetlights that provide a special benefit to all the assessable parcels within the District whether or not such parcels are in close proximity to such lights.
2. The maintenance and servicing of local streetlights in close proximity to certain lots and parcels which provide a special benefit to such lots or parcels.
3. The maintenance and servicing of traffic signals that contribute to traffic flow, thereby providing a measure of safety and pedestrian and vehicular accessibility to residential, commercial and industrial properties.
The 1972 Act, in Section 22573, states that the "net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Details of the formula being used to spread the assessments throughout this District are found under the heading "Method of Assessment".
III. PROPOSITION 218
In conjunction with the provisions of the 1972 Act, in November 1996 voters of the State of California passed Proposition 218, which added Article XIIID to the California Constitution requiring new procedures for assessment districts. The California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably:
Article XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2(i) defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute “special benefit.” 2026/2027 City of Artesia / Street Lighting Maintenance District Page 4 Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Article XIIID requires that assessments comply with stated provisions by July 1, 1997, unless an assessment district meets certain exemptions. The exemptions from the procedural and approval requirements are set forth in Section 5 of the Article and include the following:
“(a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.” The District qualifies as an existing assessment that is considered exempt under provision 5(a) quoted above, specifically street and sidewalk improvements. Using the definitions provided by the Office of the Controller for the State of California in the Guidelines Relating to Gas Tax Expenditures published by the Division of Local Government Fiscal Affairs, street improvements include street lighting.
This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District.
The assessments and method of apportionment are based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes.
The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.
The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the lighting improvements within the District, and the assessment obligation for 2026/2027 City of Artesia / Street Lighting Maintenance District Page 5 each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.
To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.
IV. PLANS
A plan showing the size and location of streetlights and traffic signals to be maintained and serviced in the District are shown on the diagram and report prepared by the Southern California Edison Company, said diagram and report being on file in the office of the City Clerk and by reference incorporated and made part of this Report.
V. SPECIFICATIONS FOR MAINTENANCE AND SERVICING
The street lighting and traffic signal system are maintained and serviced to provide adequate illumination and traffic control. Maintenance and servicing include but is not limited to removal, repair, replacement or relocation of light standards, traffic signals, poles, bulbs, fixtures, circuits and all appurtenances.
Energy for streetlights and traffic signals is currently furnished by the Southern California Edison Company. In the event that Southern California Edison no longer furnishes this service, a successor will be assigned. The level of illumination is adequate for the intended purpose in the residential, commercial and industrial use zones. Rates for energy are those authorized by the Public Utilities Commission, State of California.
VI. ESTIMATE OF COST
The estimated costs of maintenance and servicing are shown on Exhibit D, Cost of Improvements.
2026/2027 City of Artesia / Street Lighting Maintenance District Page 6 VII. DIAGRAM
A diagram showing the exterior boundaries of the District, said boundaries being the jurisdictional boundaries of the City, the boundaries of any designated Zones within the District are on file in the office of the City Clerk and by reference is incorporated and made part of this Report. Reference is made to the maps of the Los Angeles County Assessor for a detailed description of the lines and dimensions of any lots or parcels in the District.
VIII. BENEFIT DETERMINATION
The proper maintenance and servicing of the street lighting system provide special benefits to properties within the District by providing increased property protection and proper illumination for ingress and egress and for traveling to and from property at night. Properties within the District also benefit from the proper functioning and maintenance of the District’s traffic signal system. Proper operation of the streetlight and traffic signal systems provides orderly traffic flow and enhances congestion management and safety. Improved security, protection of property and reduction of traffic accidents are special benefits to all properties within the City as street lighting and traffic signal benefits are related to the safety of property users and to property protection.
In the non-residential zone, the special benefit to each parcel is derived not only from the special benefits to the property described above, but also enhances the ability of the properties, through the protection and safety provided by the District improvements, to attract clients, employees, and customers to the parcel.
IX. METHOD OF ASSESSMENT
The street lighting facilities and traffic signals are for the special benefit and enjoyment of properties within the District and parcels that benefit from the maintenance and servicing. The assessment of maintenance, servicing and incidental expenses that place costs on each parcel is apportioned in accordance with the special benefit received by the parcel. It was determined that the most equitable method for spreading the estimated benefit received by each parcel is to assess each parcel in the District a base amount for the street lighting benefits which are received by each parcel in the District, regardless of land use or parcel size. In addition to this base amount, an additional amount is applied to each parcel based upon the adjusted front footage of the parcel because lighting and traffic signal improvements are considered “frontage” improvements. The frontage of a parcel has been adjusted to take into consideration irregular shapes or corner parcels. The criteria used for the assessment spread are as follows:
1. Rectangular lots street frontage on a public street
2. Irregular shaped lots (a) width of lot at set back line, or 2026/2027 City of Artesia / Street Lighting Maintenance District Page 7 (b) average of front and rear lot line lengths, or
(c) street frontage, whichever is most
representative of benefit
3. Flag lots one-half of total street frontage on a public street to each of the two lots
4. Corner lots the narrowest frontage on a public street
5. Interior parcels/condos an equitable apportionment based on condominium front footage and number of
parcels
The District is divided into two benefit Zones. Zone 1 includes all residential property, excluding common areas or homeowner association properties that are not assessed, as they receive no special benefit from the District improvements.
Zone 2 includes all non-residential property, excluding government-owned parcels, which are not assessed. An examination of the lighting pattern and lumens of light provided indicates that the lighting intensity in general is much greater in front of non-residential properties than in areas of residential properties. The additional lighting provides greater benefit to such properties because it provides additional protection from robberies and vandalism and provides an enhanced appearance and access to potential customers.
The proposed assessment for lighting and traffic signals for Fiscal Year 2026/2027 is derived by apportioning the net amount to be assessed among the assessable parcels in proportion to the estimated special benefit. All parcels are assessed a base charge of $5.90 plus an adjusted front footage assessment as determined by the methodology previously outlined for front footage adjustments. The base charge is apportioned to all Zone 1 and Zone 2 properties equally. In addition to the base charge, the total special benefit assessment calculated for each parcel includes a front footage component. Two Zones of benefit have been established for this component of the assessment based on the intensity of the lighting and the type of development.
Zone Assessment Rate per Foot of Adjusted Frontage
1 $0.34
2 $1.44
The assessment number for each parcel in the District is defined by the Los Angeles County Assessor’s Office as an Assessor’s Parcel Number (APN) that is recognized by the County Auditor/Controller each Fiscal Year if valid. The proposed amount of assessment upon each lot or parcel within the District is shown on the assessment roll attached hereto.
2026/2027 City of Artesia / Street Lighting Maintenance District Page 8 X. CERTIFICATIONS
PRELIMINARY APPROVAL
Preliminary approval by the City Council of the City of Artesia on the _____ day of ____________, 2026.
______________________________
City Clerk
City of Artesia
State of California
FINAL APPROVAL
Final approval by the City Council of the City of Artesia on the _____ day of ____________, 2026.
______________________________
City Clerk
City of Artesia
State of California
I, _______________________, as City Clerk, do hereby certify that the foregoing assessments, together with the boundary map attached thereto, were filed in my office on the _____ day of ____________, 2026.
______________________________
City Clerk
City of Artesia
State of California
2026/2027 City of Artesia / Street Lighting Maintenance District Page 9
EXHIBIT A - ASSESSMENT ROLL
The assessment roll for the District is voluminous and is therefore not included in this Report but is herein incorporated by reference. The Assessment Roll for Fiscal Year 2026/2027 is on file in the office of the City Clerk and the City Engineer, where it is available for public inspection.
Reference is made to the Los Angeles County Assessor’s Roll for a detailed description of the lots or parcels in the District.
EXHIBIT B - PLANS
The plans of the items to be operated and maintained are shown partly on the Diagram and partly on the report prepared by the Southern California Edison Company. The report outlined below, is on file with the City Clerk and is incorporated herein by reference.
SOUTHERN CALIFORNIA EDISON CO.
STREET LIGHT INVENTORY
Pole and Lamp Symbol/Legend Page(s)
Street Light Decals 1
Inventory Detail 2 – 44
Street Light Maps 45 – 63
A portion of the lights shown on the Southern California Edison Company maps are outside the City limits of the City of Artesia and are not included in the inventory count for the City of Artesia.
EXHIBIT C - DESCRIPTION OF BUDGET ITEMS
The following describes the items listed on the Cost of Improvements, shown on Exhibit D.
Cost of Maintenance & Improvements
Includes all labor, subcontractors, material and equipment required to properly maintain and service the street lighting, traffic signals and appurtenant facilities within the District by City staff and others. All improvements within the District will be maintained and serviced on a regular basis. The frequency and specific maintenance operations required will be determined by City staff and in certain instances are incorporated in the agreements with the Southern California Edison Company.
Also included are repairs that are unforeseen and not normally included in the yearly maintenance cost. This may include repair of damage due to vandalism, 2026/2027 City of Artesia / Street Lighting Maintenance District Page 10 storms and other natural occurrences. Planned upgrades of the improvements that provide a benefit to the District could also be included in renovation costs.
Utilities (Light & Power)
The furnishing of electricity required for the operation of the street lighting, traffic signals and appurtenant facilities.
Capital Outlay
Replacement of Capital items necessary for the maintenance and servicing of the improvements; such as trucks.
Consultants
The cost of contracting with consultants to provide services specific to the levy and annual administration.
Incidentals/County Fees
The costs charged by the County to place and collect the assessments on the County property tax rolls and other miscellaneous costs as may be incurred.
City Contribution from General Fund
This item includes additional funds designated for the District that are not annual assessments. These funds are contributed to the District account to meet the budgeted expenditures when expenditures cannot be met by annual assessments.
Reserve Account
The Reserve Fund provides for the collection of funds to operate a district from the time period of July 1 (beginning of the Fiscal Year) through January, or when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Fund eliminates the need for the City to transfer funds from non-district accounts to pay for district charges during the first half of the Fiscal Year. The Reserve Fund may also be used to offset any unforeseen costs such as repairs, legal fees, revenue deficits, or increased costs that are greater than originally planned.
2026/2027 City of Artesia / Street Lighting Maintenance District Page 11
EXHIBIT D - COST OF IMPROVEMENTS
A summary of the cost of improvements is as follows:
FY 2026/2027 BUDGET ESTIMATE TOTAL AMOUNT
Direct Costs
Cost of Maintenance and Improvements $0
Utilities (Light & Power) 228,000
Capital Outlay $0
Administrative Costs
Consultants $6,600
Incidentals/County Fees 1,031
Total FY 2026/2027 Costs $235,631
Reimbursement/Shared Cost $0
City Contribution from General Fund 98,237
Amount to be Assessed for FY 2026/2027 137,394
Total $235,631
Total Number of Parcels 3,946
Adjusted Front Footage 212,364.15
Base Charge Each Parcel @ $5.90 $23,281.40
Charge Per Adjusted Front Footage
Zone 1 174,264.91 front feet x $0.34 $59,250.07
Zone 2 38,099.24 front feet x $1.44 $54,862.91
Estimated Reserve Fund Balance (July 1, 2026) $0.00
RESOLUTION NO. 26-3085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, INITIATING PROCEEDINGS FOR
THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE CITY OF ARTESIA STREET LIGHTING
MAINTENANCE DISTRICT FOR FISCAL YEAR 2026-27
AND ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT PURSUANT TO THE PROVISIONS
OF PART 2 OF DIVISION 15 OF THE STREETS AND
HIGHWAYS CODE
THE CITY COUNCIL OF THE CITY OF ARTESIA HEREBY FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 23500) (the “Act”), the City Council of the City of Artesia desires to initiate proceedings for the levy and collection of an assessment against parcels of property within an existing assessment district designated “City of Artesia Street Lighting Maintenance District” (the “District”), for Fiscal Year 2026-27, commencing July 1, 2026 and ending June 30, 2027, to pay for the costs and expenses of the improvements described in Section 3 hereof.
SECTION 2. The boundaries of the District are coterminous with the boundaries of the City of Artesia.
SECTION 3. The proposed improvements may be briefly described as follows:
The maintenance and operation of public streets and sidewalks within the District, including the installation, maintenance and servicing of streetlights, traffic signals, and appurtenant facilities located in and along public streets, roadways and rights-of-way in the City. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the streetlights, traffic signals and appurtenant facilities, including repair, removal or replacement of all or part of any streetlights, traffic signals or appurtenant facilities and the cleaning, sandblasting and painting of streetlights, traffic signals and appurtenant facilities to remove or cover graffiti. “Servicing” means the furnishing of electric current or energy, gas or other illuminating agent for the streetlights, traffic signals, and appurtenant facilities.
SECTION 4. Public property owned by any public agency and in use in the performance of a public function, which is included within the boundaries of the District, shall not be subject to assessment to be made under these proceedings to cover any of the cost and expenses of the improvements.
SECTION 5. The City Council hereby designates Willdan Financial Services as the engineer (the “Engineer”) for the purpose of these proceedings and hereby authorizes and directs the Engineer to prepare and file with the Finance Manager a written report in connection with these proceedings in accordance with Article 4 (commencing with Section 23565) of Chapter 1 of the Act, which shall contain the following:
A. Plans and specifications for the improvements, which shall indicate the class and type of improvements to be provided for each zone.
B. An estimate of the costs of the improvements for the 2026-27 Fiscal Year, including all of the following:
1. The total cost of the improvements, including all incidental expenses;
2. The amount of any surplus or deficit in the Improvement Fund for the District to be carried over from the 2025-26 Fiscal Year;
3. The amount of any contributions to be made from sources other than the assessments levied pursuant to the Act; and
4. The net amount to be assessed upon assessable lands with the District, being the total cost of the improvements, increased or decreased as the case may be by any surplus, deficit or contributions.
C. A diagram for the District showing all of the following:
1. The exterior boundaries of the District;
2. The boundaries of any zones within the District; and
3. The lines and dimensions of each lot or parcel of land within the District.
A distinctive number or letter shall identify each lot or parcel. The lines and dimensions of each lot or parcel shown on the diagram shall conform to those shown on the County Assessor’s Maps for the 2026-27 Fiscal Year. The diagram may refer to the County Assessor’s Maps for a detailed description of the lines and dimensions of any lots or parcels; in which case, those Maps shall govern for all details concerning the lines and dimensions of such lots or parcels.
D. An assessment of the estimated costs of the improvements for the 2026- 27 Fiscal Year, which shall do all of the following:
1. State the net amount to be assessed upon assessable lands within the District,
2. Describe each assessable lot or parcel of land within the District; and
3. Assess the net amount upon all assessable lots or parcels of land within the District by apportioning the amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements.
The assessment may refer to the County assessment roll for a description of the lots and parcels, in which case the roll shall govern for all details concerning the description of the lots or parcels.
SECTION 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the passage, approval, and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 11th day May, 2026.
________________________________
Rene Trevino, Mayor
ATTEST:
_______________________________
Jennifer Alderete, City Clerk
APPROVED AS TO FORM:
_______________________________
Best Best & Krieger, City Attorney
RESOLUTION NO. 26-3086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, APPROVING THE REPORT OF
THE ENGINEER FOR FISCAL YEAR 2026-27 IN
CONNECTION WITH THE CITY OF ARTESIA STREET
LIGHTING MAINTENANCE DISTRICT
THE CITY COUNCIL OF THE CITY OF ARTESIA HEREBY FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Artesia, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (the "Act"), by previous resolution initiated proceedings for the levy of an assessment for Fiscal Year 2026-27 in connection with the City of Artesia Street Lighting Maintenance District (the "District") and ordered Willdan Financial Services (the “Engineer”), to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act.
SECTION 2. The Engineer has prepared and filed with the City for presentation to the City Council such report entitled, "City of Artesia, Street Lighting Maintenance District, 2026-27 Engineer’s Annual Levy Report" (the "Report"), which is incorporated herein by reference.
SECTION 3. The City Council has carefully examined and reviewed the Report, and the Report is hereby approved as filed.
SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the passage, approval, and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 11th day of May, 2026. __________________________
Rene Trevino, Mayor
ATTEST:
______________________________________
Jennifer Alderete, City Clerk
APPROVED AS TO FORM:
_______________________________
Best Best & Krieger, City Attorney
RESOLUTION NO. 26-3087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, DECLARING ITS INTENTION TO
LEVY AND COLLECT ASSESSMENTS WITHIN THE CITY
OF ARTESIA STREET LIGHTING MAINTENANCE
DISTRICT FOR FISCAL YEAR 2026-27 PURSUANT TO
THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE
STREETS AND HIGHWAYS CODE, AND APPOINTING A
TIME AND PLACE FOR HEARING PROTESTS
THE CITY COUNCIL OF THE CITY OF ARTESIA HEREBY FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Artesia (the “City Council”) hereby (1) finds that the public interest and convenience requires and (2) declares its intention to levy and collect assessments against the lots and parcels of property within an existing assessment district designated as the City of Artesia Street Lighting Maintenance District (the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 23500) (the "Act") for Fiscal Year 2026-27, commencing July 1, 2026 and ending June 30, 2027, to pay for the costs and expenses of the improvements described in Section 3 hereof.
SECTION 2. The boundaries of the District are coterminous with the boundaries of the City of Artesia.
SECTION 3. The proposed improvements may be briefly described as follows:
The maintenance and operation of public streets and sidewalks within the District, including the installation, maintenance and servicing of streetlights, traffic signals, and appurtenant facilities located in and along public streets, roadways and rights-of-way in the City. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the streetlights, traffic signals and appurtenant facilities, including repair, removal or replacement of all or part of any street lights, traffic signals or appurtenant facilities and the cleaning, sandblasting and painting of streetlights, traffic signals and appurtenant facilities to remove or cover graffiti. "Servicing” means the furnishing of electric current or energy, gas or other illuminating agent for the streetlights, traffic signals, and appurtenant facilities.
SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of property within the District for Fiscal Year 2026-27 are not proposed to increase from the assessments levied and collected for Fiscal Year 2025-26.
SECTION 5. Public property owned by any public agency and in use in the performance of a public function, which is included within the boundaries of the District, shall not be subject to assessment to be made under these proceedings to cover any of the costs and expenses of the improvements.
SECTION 6. Reference is hereby made to the Report of the Engineer entitled "City of Artesia, Street Lighting Maintenance District, 2026/2027 Engineer’s Annual Levy Report," which is incorporated by reference and is on file in the office of the City Clerk for a full and detailed description of the improvements, the boundaries of the District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the District.
SECTION 7. Notice is hereby given that the City Council appoints Monday, the 8th day of June, 2026, at the hour of 7 P.M., in the Council Chambers at City Hall, City of Artesia, 18747 Clarkdale Avenue, Artesia, California 90701, as the time and place for the hearing of protests or objections to the levy of the proposed assessments in connection with the district. All interested persons shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing. A written protest shall state all grounds of objection.
A protest by a property owner shall contain a description sufficient to identify the property owned by the signer thereof. The City Council shall consider all oral statements and all written protests made or filed by any interested person.
SECTION 8. The City Clerk is hereby authorized and directed to give notice of such hearing in accordance with law.
PASSED, APPROVED and ADOPTED this 11th day of May, 2026. _____________________________
Rene J. Trevino, Mayor
ATTEST:
________________________________
Jennifer Alderete, City Clerk
APPROVED AS TO FORM:
________________________________
Best Best & Krieger, City Attorney
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9J.
TO: Mayor and Members of the City Council
SUBJECT: Professional Services Agreement for Information Technology Services with BreaIT Solutions FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends the City Council approve and authorize the City Manager to execute the Professional Services Agreement for Information Technology Services with BrealT Solutions for an amount not-to-exceed $95,000.
BACKGROUND:
The City of Artesia ("City") has been receiving information technology (IT) support services from BrealT Solutions ("BreaIT) for the past 13 years. The current agreement commenced on July 1, 2025 and will expire on June 30, 2026. BreaIT’s services support City Hall and other off-site locations.
Under the scope of services, BreaIT provides ongoing support in several key areas, including desktop computer support, network management, server and applications support, and new device installations. In addition to these core services, BrealT delivers essential operational functions such as data backups, report distribution, database management, and overall performance monitoring.
Throughout the City's 13 year partnership, BreaIT has consistently delivered high-quality service; particularly in supporting the City’s computer replacement program, addressing the City’s evolving cybersecurity concerns, and generally meeting the City’s technological needs as they arise.
The City’s current contract is structured to primarily provide remote services, with on-site services available, as needed. The agreement includes a centralized help desk model offering:
1. Unlimited remote IT services during standard operating hours, which are Monday through Thursday 7:30 a.m. to 5:30 p.m. and alternating Fridays from 8:00 a.m. to 5:00 p.m; and
2. Five (5) hours of on-site services per month, as required.
ANALYSIS:
The Fiscal Year 2026-27 contract rates will increase by four percent. The current fixed monthly rate of $3,189 for remote support services will increase to $3,317, resulting in an annual cost of $39,799 for remote support, or HelpDesk services.
In addition to remote support, BreaIT will provide scheduled on-site support two days per month, to offer a more proactive and hands-on approach to the City’s IT needs. These on-site hours will be billed at the new standard hourly rate of $164.32/hour and are included in the new base monthly fee of $6,274.33, bringing the total annual cost for IT support services to $75,292.
Other rate adjustments are as follows:
Standard On-site Hourly Rate: Increasing from $158/hour to $164.32/hour Emergency After-Hours Rate: Increasing from $170/hour to $176.80/hour, with a two-hour minimum The proposed agreement will commence on July 1, 2026 and will expire on June 30, 2027 and includes a not-toexceed amount of $95,000 to allow for unforeseen contingencies to be covered within the budgeted contract.
FISCAL IMPACT:
Approval of the Professional Services Agreement with BreaIT will have a maximum impact of $95,000 on the City’s General Fund budget for Fiscal Year 2026-27.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve, and authorize the City Manager to execute the Professional Services Agreement for Information Technology Services with BrealT Solutions for an amount not-to-exceed $95,000.
Attachments
FY 2026-27 BreaIT Professional Services Agreement.pdf
-1-
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARTESIA AND CITY OF BREA
FOR INFORMATION TECHNOLOGY SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of July 2026, by and between the City of Artesia, a municipal corporation, organized under the laws of the State of California ("City") and CITY OF BREA, a municipal corporation (“Contractor”), with its principal place of business at 1 Civic Center Circle, Brea, CA 92821 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Information Technology (IT) Services to maintain City’s IT infrastructure services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the IT project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional IT consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless 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. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this -2-
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of 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, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
Randy Hornsby, IT Account Manager.
3.2.5 City's Representative. The City hereby designates Jamie Murguia, Finance Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Randy Hornsby, IT Account Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
-3-
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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. Consultant shall also comply with all relevant provisions of City's Minority Business -4-
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 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. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.11.2 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); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. -5-
(C) 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. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
-6-
3.2.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or 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 City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.8 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.
3.2.11.9 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 non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. -7-
3.2.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, 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.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants, if any exist, engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, -8-
state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed NINETY-FIVE THOUSAND DOLLARS ($95,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The City Manager will have authority to approve Extra Work within 10% of the total compensation.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice, no later than the fifteenth (15th) calendar day of each month, which indicates work completed and hours of Services rendered by Consultant during the prior month. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California -9-
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. 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 such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of 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 DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
-10-
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: City of Brea
1 Civic Center
Brea, CA 92821
ATTN: Kristin Griffith, City Manager
City: City of Artesia
18747 Clarkdale Avenue
Artesia, California 90701
ATTN: Abel Avalos, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall -11-
be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants, if any exist, to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such -12-
materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity to the extent arising out of or in connection with the negligent performance of the work, operations or activities required herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable, or arising from Contractor's reckless or willful misconduct, or failure to perform any term, provision, covenant or condition of this Agreement, as the same may be determined by final court decision or agreement of the parties. In connection therewith, and subject to the foregoing:
(A) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (B) Contractor shall not be deemed to assume any liability for wrongful or negligent acts of City or its officers, agents, employees and subcontractors, and City shall defend and hold Contractor harmless against any such claims. -13-
(C) City agrees to indemnify and hold harmless Contractor, the City of Brea, its elected officials, officers, agents, employees and volunteers, as to any and all claims, liability or loss, damage or injury to persons or property, which arise from City's performance of this Agreement.
(D) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(E) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the proven or agreed upon negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agent any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.
3.6.5.2 Contractor shall incorporate similar indemnity agreements with its subcontractors, if any, and if it fails to do so, Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this section do not apply to claims or liabilities to the extent occurring as a result of City's negligence or willful acts or omissions, and nothing in this section shall relieve City of any liability arising out of the negligent acts or omissions, or willful misconduct, or City or City's officers, employees, agents, BrealT, or invitees, or any individual or entity for which Contractor is legally liable, as the same may be determined by final court decision or agreement of the parties. The provisions of this section are binding on successors and assigns of Contractor and City shall survive termination of this Agreement.
3.6.5.3 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, -14-
Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. The City Manager shall have the authority to authorize changes to the Agreement that do not change the compensation of the Agreement.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any -15-
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 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. 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. Consultant further agrees to file, or shall cause its employees or subconsultants 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 member, 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.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
-16-
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF ARTESIA AND CITY OF BREA
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ARTESIA CITY OF BREA
By: ____________________________ By: ______________________________ Abel Avalos Kristin Griffith
City Manager City Manager
Attest:
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
The following tasks reflect some of the services provided with BreaIT’s level support, but is not limited to these services provided by a specialist:
• Communicate effectively with non-technical users to respond to support tickets and resolve computer program or network issues using remote desktop software “Kaseya” (provided by BreaIT).
• Coordinate with software vendors to assist in the resolution of problems that arise for any supported computer systems.
• Assists in researching and recommending new software and hardware and assists in the integration of new software and hardware on a project basis. • Monitor, track, and provide quotes for software license renewals, new software and hardware, and provide recommendations.
• Provide the scheduling flexibility to work "off-hours" to implement system upgrades and perform maintenance as needed.
• Diagnose and resolve hardware problems and replace any malfunctioning components of the computers, servers or any other supported devices on-site using the contracted 5 hours per month (as needed).
• Install and configure printers on PC's and in a simple local area network (LAN) environment.
• Diagnose and resolve all LAN infrastructure problems. • Diagnose and resolve Windows workstation operating system problems. • Assist end-users and provide answers to questions or resolve problems with software used by the City, such as Microsoft Word, Excel, PowerPoint, internet Browsers and Outlook.
• Perform any research needed in order to resolve technical problems. • Provide day-to-day user management support functions, such as; adding, deleting or changing user passwords in Microsoft’s network operating system. • Perform systems backups and maintain backup data.
• Diagnose and resolve advanced LAN problems that may involve network switches, firewalls, routers, DNS servers and any other protocols or services.
Exhibit “A”-2
• Monitor and ensure the performance of servers and networking systems. • Test new equipment and software programs to determine compatibility with current equipment and adherence to recommended standards. Detect errors and suggest possible improvements and alternatives.
• Analyze and assess current computing environment and if possible, provide recommendations for process improvement and enhanced efficiency. • Assist end-users in identifying and evaluating technology needs, and work to develop and implement feasible solutions.
• Establish, coordinate and implement long-range information systems planning. • Monitor and analyze the efficiency and effectiveness of information systems and recommend changes for possible enhancements.
The following tasks reflect some of the services provided with BreaIT’s remote level support, but is not limited to these services provided by an Account Manager:
• The Account Manager, working primarily off-site, will be responsible for coordinating all IT operations with Artesia’s designated contact, based on your specific needs and objectives. Additionally, the Account Manager can be contacted at any time to ensure your complete satisfaction.
• The Account Manager will oversee all projects and maintain all personnel and work schedules.
• Monitor and analyze the efficiency and effectiveness of information systems and recommend changes for possible enhancements.
Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
The Contractor shall provide scheduled onsite hours every other week not to exceed five (5) hours per month on as-needed basis. In addition, the Contract will provide unlimited remote desktop and network support. These services will include support for the following identified services:
a) Desktop Support includes setup, maintenance and troubleshooting of all computers. Network Support consists of servers and network infrastructure hardware setup, maintenance and troubleshooting, including coordination with third-party vendors. Contractor will, in its sole reasonable discretion, determine which personnel shall be assigned to task/service requests. b) Specialist work for computer issues include hardware and standard software support, as well as simple and routine network maintenance and troubleshooting. Specialist work is more fully described in the Scope of Work attached Proposal hereto as Exhibit A and made a part hereof by reference. Account Manager work is a component of administrating the agreement and scheduling Specialists work. Account Manager work is more fully described in the job description attached Proposal hereto as Exhibit A and made a part hereto by reference.
c) Telephone support via Contractor’s telephone hotline (714-990-7777) is available to Client as a condition of this Agreement during Contractor’s standard hours of operations, which are Monday through Thursday, 7:30 a.m. to 5:30 p.m., and alternate Fridays from 8:00 a.m. to 5:00 p.m. (City Hall is closed on alternate Fridays).
d) Additional Specialist hours, which may be required during Contractor’s standard hours of operation, will be billed at a rate of $164.32 per hour. This includes any work that isn’t part of normal support and/or maintenance.
Such work would be designated as a “Project” and billed at the hourly rate.
This includes ALL of the time associate with the Project, whether it is done on or off-site. BreaIT will provide an estimate of the Project hours and cost prior to starting the Project, if requested by the Client. e) Emergency call-out, holidays and off-hours support will be billed at $176.80 per hour with a two hour minimum. Hourly rates are subject to modification annually as may be agreed between the Parties in writing. f) Client agrees to pay all undisputed invoice amounts within thirty (30) days of the invoice date. Client agrees to notify Contractor of any disputed invoice amounts within ten (10) days of the invoice date.
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
The monthly billing rate for professional IT services is $3,317 or $39,799 annually, which shall be payable upon receipt of monthly invoice for said services from Contractor. The Contractor will also provide additional scheduled onsite hours. This reflects one day onsite every other week, at the standard hourly rate of $164.32.
The total annual cost for IT support, including scheduled onsite hours, is estimated at $75,292 with a not-to-exceed cost of $95,000 to cover any additional hours needed.
The emergency/after-hour/holiday/weekend support hourly rate is $176.80/ per hour.
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 9K.
TO: Mayor and Members of the City Council
SUBJECT: City Paid Parking Program
FROM: Paul Bollier, Community Development Director
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends the City Council, by motion, approve and authorize the City Manager to:
1. Execute a five-year Agreement with Passport Labs Inc. in the amount of $140,000 for a Mobile Pay application to manage the hourly paid parking program in the designated areas of the City including the downtown and the Residential Paid Parking Permit Program and 24-hourly visitor parking program;
2. Execute the purchase of three parking meters and extended warranty for $39,160.50 from Arrive Corporation for the Artesia downtown paid parking areas to meet the requirements of SB 532; and
3. Authorize the City Manager to make amendments to the Agreement with Passport Labs, Inc. that do not change the contractual amount or term.
BACKGROUND:
On April 13, 2026, Staff provided a presentation to City Council about the City Paid Parking Program detailing the hourly paid parking program in the designated areas of the City of Artesia ("City") and the Residential Parking Permit Program using a mobile pay application by Passport Labs, Inc ("Passport"). City Council requested Staff return with a five-year Professional Services Agreement (PSA) with Passport, allowing parking users to use this software program for their parking needs.
While moving paid parking primarily to a mobile pay app, the City is still required to comply with SB532 and offer some pay stations for "cash" payments. The existing 14 paid parking meters, which were leased in 2012, have passed their usable life span. The City Council requested Staff to return with an agreement to secure three new parking meters that are compatible with the Passport mobile app, and to be used in the paid parking areas of the downtown.
ANALYSIS:
City Paid Parking Program
Passport is the preferred vendor which offered a mobile application along with a user friendly mobile pay website, citation management software for parking enforcement, and the ability to customize a residential parking permit program. The software also has the ability to be downloaded on to handheld ticketing machines and printers.
Passport's software allows the Parking Enforcement Officer to scan multiple vehicle license plates at one time, versus individual entries, making the enforcement of the parking program more efficient.
The mobile pay platform incurs a service and gateway fee for every transaction made by the parking user when paying for parking or passes. The City will pay these fees to Passport; the cost of which has been included in the proposed Agreement and will be included in the fiscal budget.
Parking Meters
City Staff researched T2 Parking, Parklio, Parking Systems Inc. and Arrive Corporation, the West Coast distributor for Flowbird. Research found the parking meter market had changed since leasing the machines in 2012. The ability to lease machines is no longer an option in the market, and it was determined the required meters need to be purchased.
In researching these companies, T2 Parking is located in Canada, and does not have local repair technicians, Parklio was found to specialize in lift garages, not street meters, and Parking Systems, Inc. was non responsive to requests to meet. Arrive Corporation was the only one to also have locally based repair technicians while others required parts to be mailed in for service. Arrive Corporation's, Flowbird meters, meets the needs of the City parking program and they offer a one-year parts warranty and an extended warranty that covers replacement parts for each machine at a cost of $32.00 per month. Staff is recommending Arrive Corporation because it meets all the needs of the City.
FISCAL IMPACT:
The total cost of the Passport Agreement is $140,000 over a five-year period. The fiscal impact for Fiscal Year 2026-27 will be $28,000 comprised of:
$4,000 for the Digital Annual Software Licensing Fee,
$4,000 for the purchase of two Handheld citation machines and associated printers, and $20,000 for per transaction service and gateway fees
The cost of $28,000 for Fiscal Year 2026-27 will be included in the draft Budget. Additionally, the draft Budget will include $62,000 of estimated revenue from the paid parking and residential permit parking programs which will offset the cost of the Agreement, fund the staff time to administer the program, and staff time to monitor and enforce the paid and permit parking areas.
The total cost to purchase the three parking meters and the extended warranty from Arrive Corporations is $39,160.50. The fiscal impact for Fiscal Year 2026-27 of $31,960.50 has been included in the draft Budget. The annual cost of $3,600 for the extended warranty will be budgeted in subsequent Fiscal Year.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council, by motion, approve and authorize the City Manager to:
1. Execute a five-year Agreement with Passport Labs Inc. in the amount of $140,000 for a Mobile Pay application to manage the hourly paid parking program in the designated areas of the City including the downtown and the Residential Paid Parking Permit Program and 24-hourly visitor parking program;
2. Execute the purchase of three parking meters and extended warranty for $39,160.50 from Arrive Corporation for the Artesia downtown paid parking areas to meet the requirements of SB 532; and
3. Authorize the City Manager to make amendments to the Agreement with Passport Labs, Inc. that do not change the contractual amount or term.
Attachments
City of Artesia CA- Passport draft 5-7-26.pdf
Arrive Corporation Quote for Meter Purchase and Warranty Passport Order Form Page 1 of 30 Version 2025.03.11
ORDER FORM
Contact Information
City of Artesia, CA
(“Customer”)
Contact Name: Paul Bollier
Telephone: (562) 865-6262 Ext 227
Email: [email protected]
Passport Labs, Inc.
(“Passport”)
Contact Name: Peran Salih
Telephone: 6194561329
Email: [email protected]
Ship-To Address:
18747 Clarkdale Avenue, Artesia, California 90701, United States
Bill-To Address:
Mary Ann Laquian
18747 Clarkdale Avenue, Artesia, California 90701,
United States
[email protected]
Products and Services
Mobile Payment for Parking Platform (“MPP”) X
Citation Management Platform (“CMP”) X
Digital Permits for Parking Platform (“DPP”) X
Payment Processing Services X
Products and Services Fees Fee Types
Mobile Payment for Parking (“MPP”)
Per Transaction MPP Service and License Fee (Passed to
the End User)1 $0.25 Per Transaction2
MPP Merchant Services Fee 2.5% + $0.25 Per Transaction
MPP Payment Gateway Fee $0.05 Per Transaction
Citation Management for Parking (“CMP”)
CMP Annual Software Licensing Fee $4,000.00 Per Year3
CMP Service and License Fee $3.95 Per Ticket Paid
Additional CMP Fee After Citation Amount Escalation 15% of escalated citation amount Per Ticket Paid
Cost Per Notification Letter Sent by Passport $1.00 plus applicable postage Per Notification Letter
CMP Merchant Services Fee 2.5% + $.25 Per Transaction
CMP Payment Gateway Fee $0.05 Per Transaction
1 The maximum convenience fee passed through to End User parking customers shall equal the Per-Transaction MPP Service and License Fee.
2 An MPP “Transaction” is a single parking session lasting less than twenty-four (24) hours in duration. For clarity, a Transaction is the original parking session only and does not include additional extensions of the original parking session. An additional Per Transaction Fee shall apply to each individual extension of the original parking session. 3 Customer will be charged this fee beginning in Year 2 of the agreement.
Passport Order Form Page 2 of 30 Version 2025.03.11
Digital Permits for Parking (“DPP”)
DPP Annual Software Licensing Fee $4,000.00 Per Year
DPP Service and License Fee – Residential Permits $3.00 Per Residential Permit Purchased
DPP Service and License Fee – Guest Permits $2.00 Per Guest Permit Purchased
DPP Merchant Services Fee 2.5% + $0.25 Per Transaction
DPP Payment Gateway Fee $0.05 Per Transaction
Third Party Hardware
Zebra TC27 Handheld + ZQ320 Plus Printer Package $1,950.00 Per Package Custom Citation Paper $1,230.00 Per Carton (36 Rolls)
Appendices Offering Location
X Software License and Service Agreement
X Mobile Payment for Parking (“MPP”)
X Citation Management (“CMP”)
X Payment Processing Services
See attached.
This Order Form (the “Order Form”), effective as of July 1, 2026, is being entered into by and between Passport and Customer pursuant and subject to the Software License and Service Agreement (the “Agreement”) entered into by the Parties as of the date of last signature herein. Upon execution, this Order Form shall be incorporated by reference in and subject to the Agreement. Capitalized terms used but not defined herein shall have the same meanings as set forth in the Agreement.
This Order Form, together with any Appendices attached and the SOW attached, contain the terms and conditions applicable to the Products and related services purchased pursuant to the Agreement. [signature page follows]
Key Terms
Effective Date July 1, 2026
Initial Term and
Renewal Term
This Order Form will have an initial term of sixty (60) months (the “Initial Term”). Upon expiration of the Initial Term, this Order Form will automatically renew for successive renewal terms of twelve (12) months (the “Renewal Term”) on the same terms and conditions, unless either Party notifies the other in writing not less than ninety (90) calendar days prior to the expiration date of the Initial Term or the applicable Renewal Term of its intent not to renew.
Pass-Through
Costs
Passport shall have the right to pass through to the Customer any costs incurred by Passport for postage, mailing, shipping, or other expenses directly associated with the Services provided under the Agreement (“Pass-Through Costs”). Passport shall provide Customer any supporting documentation as reasonably requested by Customer. Passport shall provide written notice to Customer of any anticipated increases for Pass-Through Costs.
Billing Information
Billing Contact Name: Mary Ann Laquian
Billing Email Address: [email protected]
Billing Address: 18747 Clarkdale Avenue, Artesia, California 90701, United States Passport Order Form Page 3 of 30 Version 2025.03.11
IN WITNESS WHEREOF, Passport and Customer have each caused this Order Form to be executed by its duly authorized representatives.
CUSTOMER PASSPORT LABS, INC.
[counterpartySignerSignature_lgANxEe] [passportSignerSignature_kUNVZDK] Signature Signature
[counterpartySignerName_lgu0vYy] [passportSignerName_NemtEFy] Printed Name Printed Name
[counterpartySignerTextField_rn4A311] [passportSignerTitle_JgOiq3h] Title Title
[counterpartySignerDateField_KJiZfdw] [passportSignerDateField_cSSElwI] Date Date
Passport Order Form Page 4 of 30 Version 2025.03.11
SOFTWARE LICENSE AND SERVICE AGREEMENT
This Software License and Service Agreement is effective as of July 1, 2026 (the “Effective Date”) and entered into by and between Passport Labs, Inc., a Delaware corporation (“Passport”), and City of Artesia, CA (“Customer”).
Passport and Customer are each a “Party” and collectively the “Parties.” Passport is in the business of providing, and Customer desires to obtain from Passport, certain parking- or transit-related software, hardware, and/or related services. This Agreement establishes the master terms and conditions that will apply to Customer’s purchase from Passport of the products and services under this Agreement and Passport’s delivery of the same to Customer. In consideration of the mutual promises and covenants contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. DEFINITIONS.
For purposes of this Agreement, the following terms shall have the meaning set forth below (or as otherwise defined in the Agreement):
1.1. “Agreement” means this Software License and Service Agreement, the Product-Specific Terms, the Order Form(s), the Statement(s) of Work, and all other attachments, exhibits, and schedules hereto.
1.2. “Confidential Information” means all information of either Party (“Disclosing Party”) which is disclosed to the other Party (“Receiving Party”) pursuant or in relation to this Agreement (a) if in written form, that is marked “Confidential,” “Proprietary,” or with words of similar import; and (b) if in written form, but not marked “Confidential,” “Proprietary,” or with words of similar import, or if disclosed verbally that a reasonable person would regard such information as confidential under the circumstances of disclosure or in view of the nature of the information. Confidential Information includes, by way of illustration and not limitation, this Agreement, the Passport System and all components thereof, the Intellectual Property, and all non-public know-how, inventions, techniques, processes, algorithms, software programs, schematics, designs, contracts, customer lists, financial information, pricing information, marketing information, and product plans.
1.3. “Customer” is the entity specified in the preamble.
1.4. “Customer Materials” means any materials, systems, and other resources that Customer provides to Passport in connection with Professional Services.
1.5. “Documentation” means the technical documentation for the Passport System provided by Passport to Customer, including all updates and versions thereof, whether in the form of electronic or printed materials, magnetic media, or machine-readable format.
1.6. “End User” means any individual who uses any component of the Passport System to transact for any Product.
1.7. “Go-Live Date” means the date on which the Passport System, or any individual Product thereof if more than one Product is purchased under this Agreement, is launched and begins to be utilized by Customer.
1.8. “Initial Term” means a period of 36 months from the Go-Live Date, unless otherwise indicated in an Order Form.
1.9. “Intellectual Property” means all tangible and intangible property of Passport or its third-party vendors provided to Customer pursuant to this Agreement that is embodied in or used in connection with the Passport System, including, without limitation, trade names, source code, trademarks, copyrights, patents, and trade secrets, and/or which is protected or is protectable under copyright, patent, trade secret, service mark, trademark, or other intellectual property laws and/or regulations.
1.10. “License Fees” means the fees owed to Passport in consideration of providing Customer the Passport System pursuant to this Agreement as memorialized in the Order Form or elsewhere in the Agreement.
1.11. “Licensed Software” means the Passport software and any Third Party Software as more particularly set forth in an Order Form.
1.12. “Order Form” means that certain form bearing the same caption on which the Products, Third Party Products, and any other software, hardware, products, or services ordered by Customer under this Agreement, among other things, are specified.
1.13. “Passport System” means collectively the Licensed Software, Third Party Hardware, Documentation, and any Third Party Products licensed or sold under this Agreement by Passport to Customer.
Passport Order Form Page 5 of 30 Version 2025.03.11
1.14. “Product” means any product offered by Passport, including a mobile payments for parking platform, a citation issuance and management platform, a digital permits platform, a mobile payments for transit platform, a micromobility management platform, and a unified platform for the management and distribution of parking rates and business rules, as well as any other product identified in an Order Form.
1.15. “Product-Specific Terms” means those separate legal terms appended to this Agreement that apply to each Product purchased by Customer under this Agreement.
1.16. “Professional Services” means any enablement, configuration, integration, implementation, or other technical and professional services provided by Passport related to the Passport System, as more fully described in a Statement of Work.
1.17. “Renewal Term” means a period of twelve (12) months following the Initial Term, unless otherwise indicated in an Order Form.
1.18. “Statement of Work” or “SOW” means a statement of work agreed upon by the parties with reference to each Product purchased under this Agreement and appended to this Agreement or to an Order Form. Any variation to a Statement of Work must be memorialized in a change order that is agreed upon and signed by the parties.
1.19. “Substantial Completion Date” means the date that Passport has completed configuring the Passport System, or any individual Product thereof if more than one Product is purchased under this Agreement, to the specifications as set forth in the applicable SOW and is ready to be launched and utilized by Customer. Passport will notify Customer when it has achieved the Substantial Completion Date for each Product.
1.20. “Term” means the Initial Term and any Renewal Term(s).
1.21. “Third Party Hardware” means the hardware (and any related software embedded in or distributed with the hardware by the manufacturer of such hardware) manufactured by third parties and resold and/or sublicensed by Passport to Customer.
1.22. “Third Party Products” means Third Party Hardware and Third Party Software.
1.23. “Third Party Software” means all software owned by third parties, sublicensed by Passport to Customer and integrated into or interfaced by Passport into the Passport System.
2. PRODUCTS AND SERVICES
2.1. Provision of the Passport System. During Term, Passport shall provide the Products used in conjunction with the Passport System in accordance with all laws applicable to Passport’s provision of the Products and Passport System generally (i.e., without regard for Customer’s particular use of the Passport System).
2.2. Order Forms. The Order Form shall set forth the Products Passport is to provide to Customer under this Agreement. To the extent Customer wishes to procure, and Passport wishes to provide, any additional products or services, the Parties shall enter into one or more additional Order Forms as applicable that shall each form a part of and be subject to this Agreement.
2.3. Products. As of the Effective Date, Passport provides the Products (as defined above) in the marketplace (as well as related Third Party Products). Customer may request the addition of any Products and related services to the extent not provided by Passport to Customer as of the Effective Date and any additional software or platforms developed by Passport from and after the Effective Date, which shall be memorialized in a subsequent Order Form along with any additional terms (if applicable).
2.4. Professional Services. Any purchased Professional Services are as described in the relevant SOW and, subject to the terms and conditions of this Agreement, Passport will use commercially reasonable efforts to provide such Professional Services in a professional, industry-standard manner. Customer will give Passport timely access to all Customer Materials required for Passport to perform the Professional Services, and, if Customer fails or otherwise delays in doing so, Passport’s obligation to provide Professional Services will be excused until the Customer Materials are provided or otherwise made available to Passport. Passport will use Customer Materials only for purposes of providing Professional Services. Customer may use Professional Services deliverables provided by Passport (“Deliverables”) only as required for its authorized use of the Passport System subject to the same terms and conditions under this Agreement. Passport retains all right, title, and interest, including all intellectual property rights, in and to the Deliverables.
Passport Order Form Page 6 of 30 Version 2025.03.11
3. CUSTOMER USE OF THE PASSPORT SYSTEM
3.1. License Grant. Subject to the terms and conditions of this Agreement and all Third Party Software licenses, including, without limitation, the payment of all applicable License Fees, Passport hereby grants Customer a revocable, non-exclusive, nontransferable, non-subleaseable, and non-assignable license to use the Passport System during the Term for Customer’s own internal operations in accordance with the terms of, and subject to the restrictions contained in, this Agreement.
3.2. License Restrictions. As a condition to the license set forth in Section 3.1, Customer shall not, directly, indirectly, alone, or with another person or entity (a) decompile, disassemble, interpret, reverse engineer, translate, or otherwise determine or attempt to determine any source code, algorithms, or underlying ideas of the Licensed Software or any portion thereof; (b) remove or modify any Passport or third-party markings, identification, copyright, or other notices from the Passport System; (c) sublicense, provide, lease, lend, pledge, use for timesharing or service bureau purposes, or allow others to use the Passport System to or for the benefit of third parties; (d) modify, change, incorporate into other software, create any databases other than as permitted herein, or create a derivative work of any part of the Licensed Software or Documentation; (e) disclose results of any performance information, analysis, or program benchmark tests without Passport’s prior written consent; (f) make the Passport System, in whole or in part, available in any manner to any third party; (g) install or use the Passport System in any manner not in accordance with the license grant pursuant to Section 5.1; or (h) attempt to do any of the foregoing whether individually or with others.
3.3. No Other Licenses. Except as specifically granted in this Agreement, no license or other right is granted, either directly or indirectly, by implication or otherwise, to Customer, and all other rights are expressly reserved to Passport or its third-party vendors, as applicable.
3.4. Suspension. Passport may immediately suspend Customer’s access to the Passport System if: (a) Customer breaches Section 3.2 (License Restrictions) or Section 11.1 (Customer Obligations); or (b) Customer’s or End User’s actions risk harm to any of Passport’s other customers or the security, availability, or integrity of the Passport System. Where practicable, Passport will use reasonable efforts to provide Customer with prior notice of the suspension.
4. THIRD PARTY PRODUCTS
The successful delivery of the Passport System may require that Customer use certain Third Party Products depending on Customer’s operations, and, if so, Customer will be notified. Customer agrees to be bound to all licenses, obligations, restrictions, and limitations in connection with any Third Party Products. Excluding warranty of title to any Third Party Products, all other Third Party Product warranties, including, without limitation, warranties with respect to materials, workmanship, capability, and intellectual property rights are made by such manufacturers and not by Passport. Passport will use commercially reasonable efforts to pass through to Customer for Customer’s benefit all end-user warranties that the Third Party Products vendor(s) provides directly to Passport. Customer will look solely to such vendors or manufacturers for all remedies under such warranties.
5. INTELLECTUAL PROPERTY
5.1. Ownership. Customer acknowledges and agrees that the Intellectual Property is exclusively owned by and reserved to Passport, or to Passport’s Third Party Software or Third Party Hardware providers, as the case may be, and Passport or such Third Party Software or Third Party Hardware providers will retain all right, title, and interest in the Intellectual Property. Customer will neither acquire nor assert any ownership or other proprietary rights in the Intellectual Property or in any derivation, adaptation, or variation thereof regardless of who creates the derivation, adaptation, or variation.
5.2. Feedback. Nothing in this Agreement or in the Parties’ dealings arising out of or related to this Agreement will restrict Passport’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback (as defined below), without compensating or crediting Customer or the individual providing such Feedback, except to the limited extent that Section 20 (Confidentiality; Trade Secrets) governs Feedback that constitutes Customer’s Confidential Information. Notwithstanding the provisions of Section 20, Customer may not designate Feedback as its Confidential Information to the extent that such Feedback relates to the Passport System. “Feedback” refers to any suggestion or idea for improving or otherwise modifying the Passport System.
6. PRIVACY POLICY; TERMS OF USE
End users’ use of the Passport System shall at all times be governed by Passport’s Privacy Policy, which can be viewed at https://passportinc.com/policies/passport-privacy-policy/, and Passport’s Terms and Conditions, which can be viewed at https://passportinc.com/terms-and-conditions/. Passport’s Privacy Policy and Terms and Conditions may be amended from time to time in Passport’s sole discretion.
Passport Order Form Page 7 of 30 Version 2025.03.11
7. SUPPORT SERVICES
7.1. Customer Support. Passport will provide telephone and email support to Customer’s staff Monday through Friday between 8:00 a.m. to 7:00 p.m. ET to address technical support issues. Passport will provide 24/7 afterhours telephone support. Passport can be contacted for support issues at:
• 980-939-0990 or via email at [email protected] (Monday-Friday 8AM-7PM ET) • 866.815.3043 or [email protected] (after-hours support)
7.2. End User Support. Customer shall provide initial support, including inquiries via telephone and email, for End Users. If Customer is unable to address End User inquiries, Customer may direct End Users to Passport’s End User support team, which is available Monday through Saturday between the hours of 8:00 a.m. to 9:00 p.m. ET at 704-817-2500 or via email at [email protected]. Customer should not display Passport’s support phone numbers (or other direct contact information for Passport) on any marketing or signage visible by End User.
8. PRODUCT UPDATES
8.1. Updates. To the extent that Passport releases any system-wide improvements, modifications, updates, or enhanced versions of the Licensed Software during the Term, the improvements, modifications, updates, or enhanced versions will, when available, be provided to Customer at no charge and will automatically be subject to the terms of this Agreement.
8.2. New Features. Customer may request new features or functionality to be built into the Passport System, and, to the extent that Passport plans in its sole discretion to incorporate such requested new features or functionality into the Passport System, Passport will develop such features and functionality at no cost to Customer pursuant to Passport’s development timeline. If Customer desires to expedite such development, Passport may, in its sole discretion, charge Customer an expedite fee to develop the requested features or functionality, provided, however, that Passport shall first notify Customer of the expedite fee and receive written approval from Customer to proceed. If Customer’s requested features or functionality are created for Customer’s use and Passport does not plan to incorporate such requested features into the Passport System, Passport may, in its sole discretion, charge Customer a custom development fee for the development of such features or functionality, provided again, however, that Passport shall first notify Customer of the custom development fee and receive written approval from Customer to proceed.
9. UPTIME
Passport will provide the Passport System with Uptime (as defined below) of at least ninety-nine percent (99.0%) calculated over a rolling six-month period (“Uptime Guarantee”). For any month during which the Passport System uptime drops below the Uptime Guarantee, Passport will provide a billing credit in an amount equal to the percentage difference between a) the lowest uptime reached at any point during the month (calculated on a rolling six month period) and b) the Uptime Guarantee, multiplied by the total fees payable to Passport for such month. For example, if Uptime falls to ninety-five percent (95.0%) during a given month and if during that month the fees payable to Passport were one hundred dollars ($100.00), Passport will issue a billing credit of four dollars ($4.00). Uptime is defined as any period of time during which end users of the Passport System can use the Passport System, excluding any scheduled maintenance performed by Passport after hours or unavailability or impaired functionality of the Passport System due to causes outside of Passport’s reasonable control (e.g., disruptions caused by Passport’s hosting or payment processing partners).
10. FEES; PAYMENT
10.1. License Fees. In consideration for the licenses granted to Customer under this Agreement, Customer shall pay to Passport the License Fees.
10.2. Annual License Fees. For License Fees that are payable on an annual basis, as indicated in an Order Form, License Fees for the first year of the Term are due and payable upon the Effective Date and, thereafter, on the anniversary of the Effective Date for the duration of the Term.
10.3. Third Party Products Fees. Customer shall pay Passport all fees related to Third Party Products supplied to Customer under this Agreement as set forth in an Order Form (collectively, the “Third Party Product Fees”), if applicable. Fees for Third Party Products provided through Passport from and after the Effective Date may be subject to change based on the then-prevailing market rates of any Third Party Product provider for such products.
10.4. Implementation or Monthly Minimum Fees. Customer shall pay Passport the implementation fees or monthly minimum fees, if any, as set forth in an Order Form.
Passport Order Form Page 8 of 30 Version 2025.03.11
10.5. Fee Assumptions. Passport’s License Fees, gateway services fees, and merchant services provider fees as set forth in this Agreement as of the Effective Date are conditioned upon certain underlying information pertaining to Customer’s operations provided to Passport by Customer relating to transaction volume (e.g., number of mobile pay transactions, number of citations written, or number of parking permits purchased), transaction rates (e.g., hourly parking rates, citation rates, and permits rates), and average dollar amount of transactions as of the Effective Date, as well as card network fees in effect as of the Effective Date. To the extent there are non-trivial changes in any of the foregoing from and after the Effective Date, the License Fees, gateway services fees, and/or merchant services provider fees are subject to change to maintain, as closely as possible, the economic arrangement anticipated, or subsequently achieved, based on the information and card network fees in effect as of the Effective Date. Passport and Customer shall negotiate in good faith with respect to the same, provided, however, that Passport shall not be obligated to continue providing the Passport System if the Parties are unable to reach agreement on a revised fee structure.
10.6. Expenses. Customer shall reimburse Passport for any travel, lodging, and meal expenses incurred in connection with Passport’s performance under this Agreement, which shall be invoiced as incurred.
10.7. Payment Terms. Unless otherwise indicated in an Order Form, all payments due to Passport hereunder are due and payable within thirty (30) days after the date of the invoice. Any amounts not timely paid shall bear interest at the rate of one and one-half percent (1.5%) per month from the due date or, if lower, the maximum rate permissible by law. If Customer fails to remit payment when due, Passport will have, in its sole discretion, the right to immediately suspend or terminate Customer’s access to the Passport System in accordance with Section 16.2.1 and/or withhold funds in Passport’s possession that would otherwise be remitted to Customer, in addition to any other remedies available to Passport under this Agreement or under law. Unless otherwise specified in an Order Form, all amounts payable to Passport hereunder are payable in full in United States Dollars without deduction or set off and shall be in addition to all tax obligations of Customer. If a currency other than the U.S. Dollar is specified in the Order Form, the exchange rate will be fixed at the foreign exchange rate published by the United States Federal Reserve on the date the remittance of payment is made or pursuant to a suitable commercially available service to the extent utilized by Passport in its sole discretion. If Customer requires remittance of funds by check or custom invoicing inconsistent with Passport’s standard format, Passport reserves the right to assess reasonable additional fees that shall be communicated and agreed upon with Customer in advance.
11. CUSTOMER OBLIGATIONS.
In addition to the payment of fees as set forth above any other obligations of Customer set forth in this Agreement, Customer shall also be subject to the following covenants:
11.1. Customer is responsible for Customer Data, including its content and accuracy, and will comply with applicable laws when using the Passport System. Customer represents and warrants that it has made all disclosures, provided all notices, and obtained all rights, consents, and permissions necessary for Passport to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process the Customer Data as set forth in this Agreement without violating or infringing laws, third-party rights, or terms or policies that apply to the Customer Data. Except as otherwise expressly set forth herein, Customer is solely responsible for its Customer Data, including its content and accuracy.
11.2. Customer shall use Passport as Customer’s sole provider for the Products and services procured by Customer under this Agreement and any substantially similar products or services provided by other vendors that are capable of being provided by Passport.
11.3. Passport’s pricing is conditioned on Customer’s continuous use of the Passport System throughout the Term consistent with historical use of the Passport System or any predecessor system. Customer covenants that it will not, during the Term, take any action that would materially diminish or cease the use of the Passport System, except in the case of a termination pursuant to Section 16.2.
11.4. From and after the Effective Date, Customer shall cooperate reasonably and promptly with Passport, and devote sufficient personnel and resources, to support the configuration and implementation of the Passport System through and including the Substantial Completion Date and Go-Live Date, and thereafter as reasonably necessary to continue the ongoing operations and maintenance of the Passport System on behalf of Customer.
12. PAYMENT GATEWAY PROVIDER
Passport is a payment gateway provider and shall provide payment gateway services to Customer in connection with the Products delivered under the Passport System at the rates indicated in the Order Form. To the extent Customer uses a third-party payment processor in combination with Products delivered as part of the Passport System, Customer is solely responsible for confirming whether payments are successfully processed and Passport expressly disclaims any and all liability associated with Customer’s use of a third-party payment processor.
Passport Order Form Page 9 of 30 Version 2025.03.11
13. MERCHANT SERVICES PROVIDER
Passport is a full-service Merchant Services Provider, meaning a service provider certified by the major card networks (Visa, Mastercard, Discover, and American Express) to process credit and debit card transactions. Passport maintains itself as the merchant of record and Merchant Services Provider in connection with the provision of the Passport system. Customer will be responsible for paying all transaction and processing fees as defined in the fee schedule. Passport may change or add fees and/or charges following a major network update that significantly impacts the merchant costs assumed by Passport and will communicate applicable updates through Passport’s Service Delivery Process. Upon notice of changes, such fees and/or charges shall be immediately payable by Customer when assessed by Passport. Should additional fees or charges be deemed commercially unreasonable, Customer has the option to terminate this Agreement within fifteen (15) days of notice of change in fees by providing written notice to Passport.
14. TAXES
To the extent applicable, Customer agrees to pay all taxes levied by a duly constituted taxing authority against or upon the products and services provided pursuant to this Agreement, or arising out of this Agreement (excluding, however, taxes based on Passport’s income) regardless of whether such taxes become due or payable at the time of delivery or use of the Passport System or subsequent thereto. Customer agrees to pay any tax for which it is responsible hereunder which may be levied on or assessed against Customer directly, and, if any such tax is paid by Passport, to reimburse Passport therefore, upon receipt of proof of payment by Passport. Customer agrees to indemnify, defend, and hold Passport harmless with respect to all taxes or duties which any federal, state, or local taxing authority requires Passport to pay on behalf of Customer.
15. SHIPMENT AND DELIVERY
If any Third Party Products are purchased by Customer under this Agreement, Passport will deliver the same FOB shipping point for delivery to the installation site designated by Customer. Customer agrees to pay all reasonable delivery charges for the Third Party Products. Delivery schedules may not be canceled, postponed, or changed without Passport’s prior written consent. Unless otherwise expressly stated, shipments shall be separately invoiced and paid as billed without regard to subsequent deliveries. Failure to timely pay Passport any monies due or owing Passport shall excuse Passport from making further deliveries, in addition to any other remedies to which Passport is entitled under this Agreement. Title to and risk of loss in the Third Party Products shall pass to Customer when the delivery carrier takes possession of the Third Party Products.
16. TERM AND TERMINATION
16.1. Term. This Agreement is effective as of the Effective Date and shall remain effective for as long as there is an active Order Form, unless sooner terminated pursuant to Section 16.2 below. Upon expiration of the Initial Term of an Order Form, the Order Form shall automatically renew for successive Renewal Terms on the same terms and conditions, unless either Party notifies the other in writing not less than ninety (90) calendar days prior to the expiration date of the Initial Term or the applicable Renewal Term of its intent not to renew.
16.2. Termination. The following termination rights are in addition to any rights provided elsewhere in this Agreement and are without prejudice to any other right or remedy available to Passport or Customer at law or in equity:
16.2.1. Passport may terminate this Agreement and all licenses granted hereunder upon notice to Customer in the event that Customer fails to make full payment when due of any amount required to be paid by Customer under this Agreement within ten (10) calendar days of Passport’s written notice of such failure to pay.
16.2.2. This Agreement may be terminated by either Party upon thirty (30) calendar days’ prior written notice to the other Party in the event of a material breach of a material provision of this Agreement, provided, however, that the termination shall not be effective if, during the thirty (30) day notice period, or such other cure period as mutually agreed upon by the Parties, the breaching Party cures the breach.
16.3. Effect of Termination. Upon expiration or termination of this Agreement for any reason, (a) any licenses granted to Customer and all rights of Customer in and to the Passport System will immediately terminate; (b) Customer shall immediately cease using the Passport System; (c) Customer shall return to Passport any Third Party Hardware which Customer has not obtained title to as of such expiration or termination, and (d) all monies paid or due or owing to Passport by Customer up to such cancellation, completion, expiration, or termination shall be deemed nonrefundable. Customer shall make payment on Passport’s final invoice as set forth in Section 10.7. Passport will provide commercially reasonable assistance to Customer to enable the transition of the services to a successor vendor, if requested by Customer, provided first, however, that Customer has remitted to Passport all outstanding balances.
Passport Order Form Page 10 of 30 Version 2025.03.11
17. WARRANTIES.
17.1. Passport Warranties.
17.1.1. Passport warrants that it has full power and authority to license the Passport System to Customer as provided herein without the consent of any other person, or, in the event such consent is required, Passport has obtained said consent.
17.1.2. Passport warrants that the unmodified Passport System will operate in accordance with its specifications. Under this warranty, Passport will correct any errors in the unmodified Passport System at no extra charge to Customer. The foregoing warranty shall not apply to Third Party Products.
17.1.3. Passport further represents and warrants that (a) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; (b) this Agreement shall be the legal, valid, and binding obligation of Passport, enforceable against it in accordance with the terms hereof; (c) the execution and performance of this Agreement will not violate any federal, state, or local statute, rule, or regulation or any other contractual obligation of Passport, and (d) the person signing this Agreement on behalf of Passport is authorized to bind Passport to this Agreement.
17.2. Customer Warranties. Customer represents and warrants that (a) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; (b) this Agreement shall be the legal, valid, and binding obligation of Customer, enforceable against it in accordance with the terms hereof; (c) the execution and performance of this Agreement will not violate any federal, state, or local statute, rule, or regulation or any other contractual obligation of Customer, and (d) the person signing this Agreement on behalf of Customer is authorized to bind Customer to this Agreement.
18. DISCLAIMERS
18.1. GENERAL. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, PASSPORT
EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY,
CAPABILITIES, OPERATIONS, PERFORMANCE, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PASSPORT DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT THE PASSPORT SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS OR THAT
THE OPERATION OF THE PASSPORT SYSTEM AND/OR ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT EVERY DEFECT IN THE PASSPORT SYSTEM WILL BE CORRECTED. THE PASSPORT SYSTEM IS EXPRESSLY PROVIDED “AS IS.”
18.2. THIRD PARTY SOFTWARE AND THIRD PARTY HARDWARE DISCLAIMER. PASSPORT MAKES
NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE THIRD PARTY SOFTWARE AND
AS TO THE THIRD PARTY HARDWARE INCLUDING, WITHOUT LIMITATION, AS TO QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, AND ALL OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR THIRD PARTY HARDWARE ARE HEREBY EXPRESSLY DISCLAIMED. THIRD
PARTY SOFTWARE OR THIRD PARTY HARDWARE PROVIDED UNDER THIS AGREEMENT ARE EXPRESSLY PROVIDED “AS IS.”
18.3. EXCLUSIONS. Notwithstanding any other provisions of this Agreement to the contrary, the limited warranties provided in this Agreement shall not apply to nonconformities, errors, or defects of any goods or services provided by Passport pursuant to this Agreement or any amendments thereto due to any of the following: (a) Customer misuse of the Passport System; (b) Customer modification of the Licensed Software; (c) Customer failure to utilize compatible computer and networking hardware and software or to install updated or enhanced versions of the Licensed Software provided by Passport; or (d) interaction with software or hardware not provided by Passport.
19. LIMITATION OF LIABILITY
19.1. IN NO EVENT SHALL PASSPORT’S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED
THE AMOUNT OF ALL FEES ACTUALLY PAID BY CUSTOMER TO PASSPORT PURSUANT TO THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD ENDING ON THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, COST OF COVER, PUNITIVE, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF
BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED PROFITS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING Passport Order Form Page 11 of 30 Version 2025.03.11
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (A) TO CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT; OR (B) IN THE EVENT OF A BREACH OF THE PARTIES’ CONFIDENTIALITY OBLIGATIONS CONTAINED IN THIS AGREEMENT.
19.2. PASSPORT AND CUSTOMER EACH ACKNOWLEDGE THAT THE PROVISIONS OF THIS
AGREEMENT WERE NEGOTIATED TO REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THEM
OF ALL RISKS (BOTH KNOWN AND UNKNOWN) ASSOCIATED WITH THE TRANSACTIONS CONTEMPLATED HEREUNDER. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCEABLE INDEPENDENT OF AND SEVERABLE FROM ANY OTHER PROVISION OF THIS AGREEMENT.
20. CONFIDENTIALITY; TRADE SECRETS.
20.1. Obligations. Each Party will maintain in strict confidence all Confidential Information of the Disclosing Party. The Receiving Party will not disclose or grant use of the Disclosing Party’s Confidential Information to any third party except to the Receiving Party’s employees and other representatives who have a need to know such Confidential Information or as expressly authorized by the Disclosing Party in writing. The Receiving Party will not use the Disclosing Party’s Confidential Information except as authorized by this Agreement. The Receiving Party will use at least the same standard of care to protect the Confidential Information of the Disclosing Party as it uses to protect its own confidential information of a similar nature, but in no event with less than reasonable care. The Receiving Party will cause each employee or other representative to whom the Receiving Party discloses the Confidential Information to be bound by an obligation of confidentiality that is at least as rigorous as the obligations contained in this Agreement. The Receiving Party will promptly notify the Disclosing Party upon discovery of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information. Unless otherwise set forth herein, upon the expiration or termination of this Agreement for any reason, or upon the request of the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party (or, at the Receiving Party’s option, destroy) all of the Disclosing Party’s Confidential Information and shall promptly certify in writing that it has done so; provided, however, that the Receiving Party shall not be obligated to return or destroy any Confidential Information stored in archival or back-up files for which return or destruction is not reasonably practicable or any Confidential Information that must be retained for as long as necessary for purposes of audit, compliance, dispute resolution, or record retention pursuant to this Agreement.
20.2. Exceptions. The foregoing obligations of confidentiality shall not apply to any information that the Receiving Party can show is or was: (a) already known to the Receiving Party at the time of disclosure without obligation of confidentiality; (b) independently developed by the Receiving Party without use of or access to the Confidential Information of the Disclosing Party; (c) approved for disclosure by the Disclosing Party beforehand and in writing; (d) in the public domain without breach of this Agreement; or (e) lawfully received by the Receiving Party from a third party without obligation of confidentiality.
20.3. Permitted Disclosures. Nothing in this Section shall be construed to prohibit either Party from disclosing the Confidential Information of the other Party to the extent that such disclosure is required by applicable law or order of a court or other governmental agency, including pursuant to any open records law, open meetings law, or any other local public disclosure law applicable to Customer; provided, however, that the Receiving Party shall promptly notify the Disclosing Party in writing of such requirement and shall cooperate with the Disclosing Party to minimize the scope of any such disclosure and to obtain a protective or similar order.
20.4. Trade Secrets. Customer hereby acknowledges that the Passport System and its components, whether provided by Passport or its third-party vendors or licensors, constitute trade secrets of Passport and/or its third party-vendors or licensors, and as such are protected by civil and criminal law, are very valuable to Passport and/or its third-party vendors or licensors, and that their use must be carefully and continuously controlled. Customer agrees to notify Passport immediately of the unauthorized possession, use, or knowledge of any item supplied under this Agreement by any person or organization not authorized by this Agreement to have such possession, use, or knowledge. Customer will promptly furnish Passport full details of such possession, use, or knowledge and will cooperate fully with Passport in any litigation against third parties reasonably deemed necessary by Passport to protect its proprietary rights.
20.5. No Adequate Remedy. In the event of a breach of this Section 20, the parties agree that the Disclosing Party may not have an adequate remedy at law, in money, or damages and, accordingly, shall be entitled to seek an injunction against such breach without posting a bond, in addition to any other remedies at law or in equity.
21. DATA RIGHTS.
This Section shall govern the rights of Passport and Customer, as the case may be, with respect to the data that is subject to this Agreement. Passport will, by provisions in its Privacy Policy or otherwise, procure from such end users all such lawful consents and rights necessary to grant to Customer the rights in such data as stated in this Section.
Passport Order Form Page 12 of 30 Version 2025.03.11
Passport’s Privacy Policy, as it may be amended from time to time in Passport’s sole discretion, can be viewed at https://www.passportinc.com/policies/passport-privacy-policy.
21.1. Customer Data. Customer Data is data specific to Customer’s operation that is provided by Customer to Passport to be used in the configuration and provision of the Passport System for Customer’s use. Customer Data is specific to Customer’s operation, which is not available to Passport publicly or by other means. Customer Data may include, but is not limited to, zone information, rate information, operational schedules, business metrics, business rules, parking and other inventory and assets, and relevant details of partner agreements. In each case, Customer Data may refer to past, present, or future states of such items. Customer Data is the sole and exclusive property of Customer. Customer grants Passport a perpetual, irrevocable, royalty-free, and non-exclusive license to Customer Data.
21.2. PCI-DSS Information. Payment Card Industry-Data Security Standard Information (“PCI-DSS Information”) consists of the following items, each as defined by the then-current Payment Card Industry Data Security Standards (“PCI-DSS”): Account Data; Cardholder Data; Primary Account Number; and Sensitive Authentication Data.
Passport acquires a license or sublicense to the PCI-DSS Information from end users who share such data with Passport in connection with their use of the Software. In providing the services under this Agreement, Passport will maintain Payment Card Industry – Data Security Standard certification and secure PCI-DSS Information in accordance with PCI-DSS. As such, Passport may not grant Customer derivative rights to such PCI-DSS Information and Passport shall not be required to disclose such PCI-DSS Information to Customer.
21.3. Personal Identifiable Information. Personal identifiable information (“PII”) is any representation of information that permits the identity of an individual to whom the information applies to be reasonably determined or inferred by either direct or indirect means. Name, address, social security number, telephone number, or email address directly identify individuals. Certain data elements—including gender, race, birth date, geographic indicator (such as zip code or postal code), and other descriptors—can be used in conjunction or with other data elements to indirectly identify individuals.
21.4. Activity Data. Activity Data is any data generated in the providing of services under this Agreement by Passport to Customer and by end users’ interactions with the services or with Passport directly that is not otherwise PCI-DSS information or PII as defined above. Activity Data may include, but is not limited to, user interaction data, geolocation data, opt-in/opt-out status (including compliance logs), purchase and session data, application diagnostic data, service performance data, and support data. Data that is derived from Activity Data is also Activity Data. Activity Data is the sole and exclusive property of Passport. Passport grants Customer an irrevocable, royalty-free, nonexclusive, non-assignable, and nontransferable license to Activity Data for the Term to the extent and in the format that Passport chooses in its sole discretion to expose such Activity Data through its administrative portal or as otherwise agreed upon with Customer and only for Customer’s internal use in connection with the services provided under this agreement.
22. PUBLICITY; USE OF NAMES AND MARKS.
Subject to the provisions of Section 20 (Confidentiality; Trade Secrets), the Parties will have the right to publicly disclose that Passport is Customer’s provider of the Passport System as set forth herein by means of, by way of illustration and not limitation, news releases, public announcements, or other forms of publicity. Passport may use the name or marks of Customer, or reference the fact that Customer is a client of Passport, for business development purposes, as part of a portfolio or work, or in an illustrative list of clients.
23. DISPUTE RESOLUTION
23.1. Negotiation. If a dispute arises between or among Passport and Customer arising out of or concerning the meaning or interpretation of this Agreement or the terms or performance of this Agreement (collectively, a “Dispute”), Passport and Customer shall first attempt to settle such Dispute through good faith discussions and negotiations among principals of each Party authorized to bind each Party.
23.2. Venue; Jurisdiction. Any action or proceeding directly or indirectly arising out of a dispute will be settled exclusively in Mecklenburg County in the state of North Carolina and the parties expressly submit to and consent that the courts and authorities of the state of North Carolina will have exclusive jurisdiction over any such litigation. The parties hereby consent to service, jurisdiction, and venue of such courts for any litigation.
23.3. Governing Law. This Agreement, and any Disputes arising hereunder, shall be governed, interpreted, construed, and enforced in all respects in accordance with the laws of the State of North Carolina, excluding its conflict of laws rules.
24. GENERAL PROVISIONS.
Passport Order Form Page 13 of 30 Version 2025.03.11
24.1. Complete Agreement. This Agreement is intended as the complete, final, and exclusive statement of the terms of the agreement between the parties regarding the subject matter hereof and supersedes all other prior or contemporaneous agreements or understandings, whether written or oral, between them relating to the subject matter hereof. No amendment to, or modification of, this Agreement shall be binding unless in writing and signed by a duly authorized representative of both parties. Each Party expressly acknowledges that there are no warranties, representations, covenants, or understandings of any kind, manner, or description whatsoever by either Party to the other except as expressly set forth in this Agreement.
24.2. No Waiver. Failure by either Party to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights or remedies under this Agreement will not be construed or deemed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and will remain in full force and effect. Any waiver by either Party of its rights under this Agreement must be in writing and signed by a duly authorized representative of the waiving Party.
24.3. Assignment. This Agreement and all of its provisions will be binding upon and inure to the benefit of the parties and their respective permitted successors and assignees. Neither Passport nor Customer may assign any rights, interests, or obligations hereunder without prior written consent of the other Party, provided, however, that Passport may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this agreement. Any purported assignment in violation of this section shall be void and of no effect.
24.4. Construction. The language of all parts of this Agreement will in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either of the parties. Headings of paragraphs herein are for convenience of reference only and are without substantive significance. No rule of law that requires that any part of the Agreement be construed against the Party drafting the language will be used in interpreting this Agreement.
24.5. Severability. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, (a) the Parties shall amend the pertinent provision(s) to reflect as nearly as possible the original intentions of the Parties, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.
24.6. Relationship of Parties. The Parties expressly understand and agree that each Party is an independent contractor in the performance of each and every part of this Agreement and is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. Further, neither Party, by virtue of this Agreement, will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other Party.
24.7. No Third Party Beneficiaries. This Agreement is made for the benefit of Passport and Customer and not for the benefit of any third parties.
24.8. Notices. All notices or other communications required or permitted to be made or given hereunder by one Party to the other Party shall be in writing and shall be deemed to have been given: (a) when hand delivered; (b) on the third (3rd) business day after the day of deposit in the United States mail when sent by certified mail, postage prepaid and return receipt requested; or (c) on the next business day after the day of deposit with reputable overnight delivery service. Such notices shall be sent to the address set forth below, or at such other addresses as may hereafter be furnished in writing by either Party to the other Party specifically as the Party’s replacement address for notice under this Agreement.
If to Passport: If to Customer:
Passport Labs, Inc.
5960 Fairview Rd, Suite 250
Charlotte, NC 28202
Fax: (888) 804-1783
[email protected]
Attn: CRO
With a hard copy to General Counsel and
by email to [email protected]
City of Artesia, CA
18747 Clarkdale Avenue, Artesia, California 90701,
United States
[email protected]
Attn: Paul Bollier
24.9. Force Majeure. If the performance of this Agreement or of any obligation hereunder is interfered with by reason of any circumstances beyond the reasonable control of the Party affected, including, by way of illustration Passport Order Form Page 14 of 30 Version 2025.03.11
and not limitation, fire, explosion, power failure, acts of God, war, revolution, epidemic, pandemic, or other public health concern, civil commotion, acts of public enemies, cybersecurity incident, any law, order, regulation, ordinance, executive order, or requirement of any government or legal body, delays or omissions attributable to third-party vendors, suppliers, or integration partners, or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts, then the Party affected shall be excused from such performance on a day-to-day basis to the extent of such interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such Party’s obligations are contingent on the performance so interfered with); provided that the Party so affected shall use reasonable efforts to remove such causes of nonperformance.
24.10. Survival of Obligations. All rights and obligations of the parties under this Agreement, including, without limitation, those contained in the confidentiality provisions herein, which by their nature would continue beyond the termination or expiration of this Agreement, shall survive termination or expiration of this Agreement and shall remain in full force and effect between the parties.
24.11. Counterparts. This Agreement may be executed in several counterparts, each of which when executed and delivered shall be deemed an original and each of which alone and all of which together shall constitute one and the same instrument. Facsimile signatures (or signatures in a .pdf or similar copy of the original) or electronic signatures shall be treated as original signatures for the purpose of enforcing this Agreement. Any signature delivered by a Party by facsimile transmission or electronic delivery shall be deemed to be an original signature hereto.
Passport Order Form Page 15 of 30 Version 2025.03.11
MOBILE PAYMENT FOR PARKING
1. Services
Passport will provide services and license software, including all web and mobile applications and related documentation necessary for Customer to operate MPP, which allows all parking customers in any parking facilities owned or managed by Customer (the “Premises”) the ability to pay for parking using a smartphone application or mobile web application.
2. Signage
Passport will provide Customer an initial quantity of signs and decals consistent with Passport’s marketing best practices at no charge to support the implementation of MPP. Customer will be solely responsible for installing all signs and decals in the Premises. Additional signs and decals shall be charged at Passport’s then-prevailing unit prices.
Passport will provide a design file to allow Customer to print replacement signs and decals at no charge.
3. Ancillary Fees
a. Customer will pay a ten dollar ($10) administrative fee in addition to sign and shipping costs per sign for any additional or replacement signs purchased through Passport. b. Customer will pay a one dollar ($1) administrative fee in addition to decal and shipping costs per decal for any additional or replacement decals purchased through Passport.
4. Third Party Mobile Payment Providers
In order to expand the management data available to Customer and to improve access and the user experience for a broader group of individuals wishing to pay for parking and engage in related transactions via channels other than MPP provided by Passport, Passport may, at its option, allow the use of third-party mobile payment providers’ (each a “Third Party Mobile Payment Provider”) interfaces for initiating parking transactions or to enhance the mobility experience, including any and all possible methods available to parkers to request the right to access and occupy a parking space or otherwise-denominated curb space for any period of time, subject to Customer’s applicable MPP rates. Such Third Party Mobile Payment Provider interfaces will include, but not be limited to, in-dash vehicle systems, navigation systems (whether in-dash or smartphone-based), business intelligence solutions, and mobile payments for parking applications other than Passport’s MPP (each an “Interface”).
Should Passport exercise this option, Passport will work in good faith with each Third Party Mobile Payment Provider to establish the integrations necessary for Passport to facilitate all mobile payments for parking sessions and related transactions for the Third Party Mobile Payment Provider. Such integration work may include: (a) performing all tasks related to parking rights management, including the calculation of parking session prices, (b) managing rates, rules, and restrictions and zones, spaces, or other units of parking or curbside inventory; (c) establishing transactional reporting; (d) performing tasks related to transmission of parking rights data to parking enforcement systems and any data processing systems; (e) performing tasks related to refund issuance, parking rule management, reconciliation of funds, invoicing, and other administrative functions; and (f) establishing all back-office management interfacing necessary to manage the foregoing and all other tasks necessary or desirable for Passport to effectively manage the issuance and processing of parking rights on behalf of Customer (the “Shared Services”). For parking transactions initiated via a Third Party Mobile Payment Provider’s Interface, payment processing must be conducted by Passport.
For Shared Services transactions, Passport will meet the Provider’s per transaction merchant services fee and payment gateway fee in effect at the time of execution of this Agreement.
Notwithstanding anything to the contrary in the Agreement, Passport may share Customer Data with Third Party Mobile Payment Providers to the extent necessary to enable the Shared Services.
Customer acknowledges and agrees that a Third Party Mobile Payment Provider may configure and control the feature set of its own Interface so long as it is capable of performing the functions required to interact with Passport’s platform and execute parking transactions as designated in the scope of work. Customer further acknowledges and agrees that certain data received from Third Party Mobile Payment Providers may be more limited than what Passport can provide to Customer as Customer’s MPP provider and may need to be provided, if at all, on an aggregated and/or anonymized basis; Passport shall, however, use commercially reasonable efforts to supply such data as may be reasonably requested by Customer for its internal purposes.
To utilize the Shared Services, each Third Party Mobile Payment Provider will be required to integrate with application programming interface endpoints provided by Passport, which cannot be accessed or utilized by such Third Party Mobile Payment Provider prior to the execution of a standalone contract with Passport governing the access, use, pricing, disclosure, and governance of the Shared Services consistent with the foregoing paragraphs and as otherwise determined by Passport in its sole discretion.
Passport Order Form Page 16 of 30 Version 2025.03.11
Except in the case of Third-Party Mobile Payment Providers pursuant to the foregoing paragraphs, Passport shall be the exclusive mobile payments for parking service provider for City during the term of this Agreement.
Passport Order Form Page 17 of 30 Version 2025.03.11
CITATION MANAGEMENT
Services:
Passport will provide services and license all software, including all web and mobile applications and related documentation, necessary for Customer to operate the CMP, which allows Customer’s parking enforcement officers in any or all parking facilities owned or managed by Customer the ability to issue parking citations that may be paid online through Passport’s payment portal, as follows:
a) Passport will provide an online payment portal through which parking violators may pay outstanding parking citations.
b) After a number of days as mutually agreed upon by the Parties and reflected in the SOW, parking citations will escalate in price and Passport will automatically generate and send a letter to each parking citation owner for which Passport has necessary state licensure authorization to perform a driver record lookup informing such parking violator that they have an outstanding parking citation and that the citation amount has increased. The “Additional CMP Service and License Fee After Citation Amount Escalation” fees as indicated above shall be applicable to each citation starting with the first letter sent.
c) Passport will send a second letter after a number of days as mutually agreed upon by the Parties after issuance for each applicable unpaid citation owner.
Equipment:
a) Customer must purchase a sufficient number of Android-based handheld devices for each parking enforcement officer to have access to one device while conducting parking enforcement activities. b) Customer must maintain at its sole cost one (1) wireless data plan for each Android device. c) Customer must possess at least one (1) Bluetooth-enabled printer per Android device described above. d) If Customer chooses to purchase additional Bluetooth-enabled printers through Passport, the price will be quoted at the time of order.
e) Customer shall be responsible for applying the necessary configurations to any Android-based handheld devices and any printers it purchases using specifications provided by Passport, provided, however, that Passport shall provide the initial configuration to any printers purchased through Passport f) In addition to the hardware unit costs, Customer will be responsible for paying all shipping costs and printer paper costs
If Customer orders custom printer paper through Passport, Customer will be responsible for paying the costs of creating, printing, and shipping such custom paper plus a service fee to Passport; Passport is unable to provide estimated costs until specific details of Customer order have been confirmed due to the variable costs of Passport’s third-party vendors.
Passport Order Form Page 18 of 30 Version 2025.03.11
PAYMENT PROCESSING SERVICES - Section 3 applies to Payment Facilitator Services for Card Present
1. Payment Gateway Management Solutions
Passport has integrated the Platform with a payment management platform (the “Payments Platform”) provided in part by Cybersource Corporation (“Cybersource”). Through the integration, Passport will make available to Customer certain payment management solutions (“PGMS”). Customer’s use of PGMS is subject to the following terms and conditions:
a. Use of PGMS: Customer’s activity in any way connected with PGMS, including the installation, configuration, and use of PGMS, shall conform in all material respects to (a) the specifications set forth in any applicable documentation provided at any time by either Passport, (b) the Agreement, including, without limitation, all licenses granted under the Agreement, (c) the Payment Card Industry Data Security Standard (as applicable), and (d) the obtainment of appropriate consent for any personal data submitted via or in connection with PGMS at any time. Customer will (1) provide all information reasonably required by Passport to successfully provision an account for Customer; and (2) enter into any applicable agreement with Cybersource and/or applicable third parties as may be reasonably required to utilize PGMS, including, without limitation, any applicable merchant agreement.
b. Right of Refusal: Customer acknowledges and agrees that Passport may, at its discretion, refuse to provide, suspend, or delete Customer’s account(s) and/or access to PGMS with immediate effect, in which event Passport will promptly provide Customer with a reasonable written explanation for such refusal, suspension, or deletion.
c. Support: Passport will provide initial support to handle Level-1 support inquiries from Customer, including, without limitation, technical questions, API configuration, connectivity testing and troubleshooting. Customer acknowledges and agrees that Passport may escalate support inquiries to third party vendors pursuant to Passport’s procedures detailed in any applicable documentation. d. Account Control: Customer is solely responsible for maintaining adequate security and control of IDs, passwords, or any other codes for purposes of obtaining access to PGMS. Passport shall be entitled to rely on information it receives from Customer and may assume that all such information was transmitted by or on behalf of Customer.
e. Warranties: Customer warrants that its products and/or services (a) do not infringe on or violate the intellectual property rights of any third party, and (b) will not contain any content which violates any laws or third party rights.
f. Disclaimer: Notwithstanding any term or condition of the Agreement to the contrary, (a) Customer disclaims Passport and their respective affiliates from any liability to Customer for indirect, incidental, consequential, special or exemplary damage arising from or related to PGMS, and (b) any direct damages in the aggregate, under any legal or equitable theory, arising from or related to PGMS will be limited to fees actually received by Passport for provision of PGMS to Customer during the twelve (12) month period prior to the date that the cause of action arose.
g. Access to Data: Customer acknowledges and agrees that both Passport and Cybersource (and their affiliates) may access and use personal information for improving and/or enhancing underlying products used by Customer, detecting data security incidents, or improving and enhancing security and fraud prevention tools for use by Passport, Customer and/or any other clients of Cybersource (or its affiliates). h. Supported Payment Methods and Acquirers*: Customer may select from any of the following processing entities that have existing compatibility with PGMS. Processing entities not listed must be approved by Passport and may be subject to additional connectivity fees.
Passport Payments Merchant Processing
Bank of America Merchant Services (BAMS/Omnipay)
Barclays
Chase Paymentech
Elavon
EVO
Passport Order Form Page 19 of 30 Version 2025.03.11
First Data Merchant Solutions (FDC Compass)
First Data Merchant Solutions (FDC Nashville Global, f.k.a. FDI Global) First Data Merchant Solutions (FDMS Nashville)
First Data Merchant Solutions (FDMS South)
Global Payments International (GPN)
PNC
Scotiabank
SunTrust Bank
TSYS
Wells Fargo Bank (FDMS)
WePay
Worldpay
Worldpay (f.k.a. Litle/Vantiv CNP)
Worldpay (f.k.a. Vantiv Direct)
* Subject to modification and updating by Passport from time to time.
2. Passport Payments Merchant Processing
Passport will make available to Customer certain merchant processing services as a service provider certified by the major card networks (Visa, Mastercard, Discover, and American Express) to process credit and debit card transactions, subject to the terms and conditions applicable to PGMS and the following terms and conditions:
a. Merchant of Record: Unless the Customer is designated as the merchant (“Merchant of Record” or “MOR”) in the Order Form or another applicable written agreement of the Parties, Passport will serve as the MOR for all payments processed. Where Passport is the MOR, Customer hereby appoints Passport as its limited agent to accept and process payments in connection with the Offerings, and acknowledges that our receipt of payment from End Users in connection with the Offerings is equivalent to receipt of such funds by you. You will provide appropriate tax and banking information to us in order to allow us to make remittances according to the specified remittance schedule.
b. Branding: Customer’s payment screen(s) will include clear and conspicuous Passport branding in a manner acceptable to Passport and in conformity with applicable card network rules and/or standards. Passport may modify (or request that Customer modify) any payment screen(s) to conform to applicable card network rules and/or standards.
c. Inquiries and End User Support: Passport will promptly respond to any cardholder (or end user) inquiries regarding any payments processed by Passport pursuant to the Order Form. Passport also will provide all cardholder (or end user) support for payments processed by Passport pursuant to the Order Form, including, without limitation, dispute resolution as described below. Notwithstanding the foregoing, Passport will provide to Customer information regarding chargebacks, credits, refunds, reversals and/or similar matters via Passport’s systems; Passport also will promptly respond to Customer’s reasonable requests for information regarding cardholder (or end user) inquiries associated with Customer. d. Payment Acceptance: Payments to be processed only may be initiated by cardholders using Passport authorized mobile and/or web applications.
e. Payment Methods: Passport’s merchant processing services will accept all major card networks (Visa, Mastercard, Discover, and American Express), as well as alternative payment methods that Passport may accept from time to time (ApplePay and Google Pay). Passport may modify the alternative payment methods accepted from time to time at Passport’s sole discretion.
Passport Order Form Page 20 of 30 Version 2025.03.11
f. Acceptance of Ecosystem Payments: If agreed in writing by Customer and Passport, Customer will have access to those partners and/or others for which Passport accepts payments from time to time. For clarity, Passport will serve as the merchant (commonly known as the “merchant of record”) for any such transactions. g. Dispute Terms: As the MOR, Passport will bear the financial cost of chargeback processing fees for disputed transactions initiated within any Passport application. Passport reserves the right to reverse payments made to Customer associated with the transaction value for any disputed transactions. If Customer experiences excessive chargebacks, as reasonably determined by Passport, the parties will renegotiate the terms and conditions of this paragraph. Customers may request, in writing, that Passport respond to a dispute by submitting appropriate evidence as required by Passport and any applicable card networks. Notwithstanding the foregoing, Passport retains full authority with respect to managing the chargeback process. h. Remittance: If Passport is the Merchant of Record (“MOR”), Passport will remit to Customer funds daily from the preceding day, less all applicable fees.
3. Payment Facilitator Services
These Payment Facilitator Terms (the “PF Terms”) set forth the terms and conditions by which Customer shall participate in, and Passport shall facilitate Customer’s participation in, the programs affiliated with Mastercard, VISA, Discover, American Express, and Other Networks, which enable holders of Cards to purchase goods and services from Customer through the use of such Cards. Capitalized terms not defined in these PF Terms shall have the meaning assigned to them in the Agreement.
1. Operating Regulations. Customer agrees to comply, and to cause third parties acting as Customer’s agent (“Agents”) to comply, with the Card Network’s and other payment network’s by-laws, operating regulations and/or all other rules, policies and procedures, including but not limited to the PCI-DSS, the VISA Cardholder Information Security Program, the Mastercard Site Data Protection Program, the American Express Data Security Requirements (DSR), and any other program or requirement that may be published and/or mandated by the Card Networks or payment networks (collectively “Operating Regulations”). Customer also agrees to comply with all applicable state, federal, and local laws, rules, and regulations (“Laws”). Without limiting the foregoing, Customer agrees that it will fully comply with any and all confidentiality and data security requirements of the USA PATRIOT Act (or similar Law) and anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act, the US Treasury’s Office of Foreign Assets Control (OFAC) and the Federal Trade Commission. For purposes of this section, Agents include, but are not limited to, Customer and Suppliers of Customer.
2. Application; Change in Business. Customer represents that all information supplied by Customer in connection with its application or other request for services is complete and accurate. Customer authorizes Passport and its agents and representatives to conduct due diligence on Customer and its Agents, including without limitation, a credit check, background investigation, reference checks, OFAC searches, Know Your Customer compliance check and any additional investigation necessary to comply with applicable Laws and Operating Regulations. Customer agrees to cooperate with Passport and provide requested information to complete the due diligence inquiry. In accordance with Section 326 of the USA PATRIOT Act, Passport is required to review and record information from the documents used in identifying new merchant customers, including Customer’s information. The preceding sentence is intended to inform Customer of Passport’s procedures and of Passport’s responsibility under the USA PATRIOT Act.
3. Card Acceptance. Customer must accept all Cards and complete all Card transactions in accordance with the Operating Regulations. Customer has identified to Passport the products and/or services for which it intends to accept Cards as payment. For all payments processed through a Passport platform, Passport assumes responsibility to accept all Cards and complete all Card transactions in accordance with the Operating Regulations. Should the Customer use the Merchant Account provisioned under this Addendum to process card transactions using a vendor not provisioned by Passport, the Customer assumes responsibility to accept all Cards and complete all Card transactions in accordance with Operating Regulations. Customer also agrees that it shall only complete and deliver to Passport sales transactions produced as the direct result of bona fide sales made by Customer to Cardholders for such identified products and/or services, and that it is expressly prohibited from presenting sales transactions which are produced as a result of sales made by any person or entity other than Customer, or for any purposes related to any illegal or prohibited activity, including but not limited to pornography, money laundering, or the financing of terrorist activities.
4. Customer Prohibitions. Customer shall not i) require a Cardholder to complete a postcard or similar device that includes the Cardholder’s account number, card expiration date, signature, or any other Card account data in plain view when mailed, ii) add any tax to transactions, unless applicable law expressly requires that Customer impose a tax (any tax amount, if allowed, must be included in the transaction amount and not collected separately), iii) request or use an account number for any purpose other than as payment for its goods or services, iv) disburse funds in the form of travelers checks if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services Passport Order Form Page 21 of 30 Version 2025.03.11
from Customer, v) disburse funds in the form of cash unless Customer is dispensing funds in the form of travelers checks, TravelMoney cards, or foreign currency (in such case, the transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any commission or fee charged by the Customer), or Customer is participating in a cash back service, vi) submit any transaction receipt for a transaction that was previously charged back and subsequently returned to Customer, irrespective of cardholder approval, vii) accept a Visa consumer credit Card or commercial Visa product issued by a U.S. issuer to collect or refinance an existing debt, viii) accept a Card to collect or refinance an existing debt that has been deemed uncollectable, or ix) submit a transaction that represents collection of a dishonored check.
5. Transaction Processing. Upon receipt of Customer’s sales data for Card transactions, Passport will process Customer’s sales data to facilitate the funds transfer between the various Card Networks and Customer. Passport will initiate payment to an account designated by Customer, on a periodic basis as agreed to by Customer and Passport, of the total face amount of each sales transaction acquired and accepted hereunder, less all applicable payment processing fees, Passport Product or Services fees, and applicable Card Network fees, dues, and assessments (including interchange fees), subject to the terms and conditions of this Addendum, the Operating Regulations, and applicable law, after Passport receives payment for such sales transactions. Passport may refuse to acquire any sales transaction or claim the amount of which, in whole or in part, it could charge back to the Customer pursuant to this Addendum, if it had acquired the sales transaction or claim. Customer acknowledges and agrees that Passport is not responsible for any action or inaction taken by the financial institution or other entity that issued the Card(s) to the Cardholders or the processor of such Card(s), provided that Passport was acting in compliance with Operating Regulations for the transactions Passport facilitated through its platforms. Customer agrees that Passport may set off any amounts due under this Addendum from amounts owed to Customer. In addition, Passport is hereby authorized by Customer, to charge, or to permit third parties to charge, amounts due under these PF Terms by making an ACH debit to Customer’s account.
6. Exception Items. Customer agrees to reacquire and pay Passport the amount of any sales transaction, and Passport shall have the right at any time to charge Customer’s account therefore with notice via Passport’s Service Delivery Process, for any return, chargeback, compliance case, any other Card Network action, or if the extension of credit for merchandise sold or services or sales transactions performed was in violation of law or the rules or regulations of any governmental agency, federal, state, local or otherwise; or if Passport has not received payment for any sales transaction, notwithstanding Passport’s prior payment to Customer for such sales transaction. Customer may instruct Passport in the defense of chargebacks, compliance cases and similar actions, and Customer agrees that it will promptly provide any such instructions to Passport. When Passport has determined it has all necessary information and instructions, Customer hereby authorizes Passport to resolve chargebacks and respond to retrieval requests and other inquiries without further consulting Customer.
7. Customer Suppliers. Customer shall not use a Customer Supplier in connection with the Services or the processing of any Card transactions through the Merchant Account provisioned under this agreement, unless such Customer Supplier has been approved in advance by Passport.
8. Cardholder Information. Customer shall not disclose, sell, purchase, provide, or exchange Cardholder name, address, account number or other information to any third party other than to Passport or a Card Network for the purpose of completing a sales transaction unless specifically permitted by the Operating Regulations. Customer represents and warrants that neither it nor its Customer Suppliers shall retain or store any Cardholder Sensitive Authentication Data or Cardholder Data (as such terms are defined under PCI-DSS) subsequent to the authorization of a sales transaction, nor any other data prohibited to be retained or stored by the Operating Regulations and/or this Agreement.
9. Fees. Customer agrees to pay Passport the fees, expenses and all other amounts set forth in the Addendum or in the Customer Price Schedule, which is provided by Passport to Customer from time to time during the term.
Passport may change or add fees and/or charges upon notice to Customer, and such fees and/or charges shall be immediately payable by Customer when assessed by Passport.
10. Card Network Assessments. Notwithstanding any other provision of this Agreement, Customer shall be responsible for all amounts imposed or assessed to Customer in connection with this Agreement by Passport, Member Bank and Card Networks. Such amounts include, but are not limited to, fees, fines, assessments, penalties, loss allocations, etc in connection with this Agreement. Amounts shall automatically become effective upon notice to Customer via Passport’s Service Delivery Process and shall be immediately payable by Customer when assessed by Passport.
11. No Exclusivity. Passport reserves the right to enter into other agreements pertaining to the Services with others, including without limitation other merchants.
12. Default. The following events shall be considered an “Event of Default”:
Passport Order Form Page 22 of 30 Version 2025.03.11
(i) Customer becomes subject to any voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, a receiver is appointed for Customer, or Customer makes an assignment for the benefit of creditors, or admits its inability to pay its debts as they become due; or (ii) Customer fails to pay or reimburse the fees, expenses or charges referenced herein when they become due; or
(iii) Customer is in default of any terms or conditions of this Agreement whether by reason of its own action or inaction or that of another; or
(iv) Passport reasonably believes that there has been a material deterioration in Customer's financial condition; or
(v) A Card Network or the Acquirer has indicated its desire for Passport to terminate services within the scope of these PF Terms with Customer, or is otherwise refusing to process Customer’s sales transactions; or (vi) Customer ceases to do business as a going concern, or there is a change in ownership of Customer which changes the identity of any person or entity having, directly or indirectly, more than 30% of either the legal or beneficial ownership of Customer; or
(vii) Customer transactions result in chargebacks in excess of 0.5% of total transactions processed within any consecutive three-month window for transactions initiated outside of a Passport application.
Upon the occurrence of an Event of Default, Passport may at any time thereafter terminate this Agreement by giving Customer written notice thereof. However, except in instances where immediate termination is required by any Card Network, or if Passport reasonably believes that the Event of Default poses material risk to it or involves a violation of applicable law, Customer will have 30 days following Passport’s notice to cure an Event of Default under Section (ii), (iii), or (iv) prior to termination under this section. Termination of Customer for any reason shall not relieve Customer from any liability or obligation to Passport, and Customer shall immediately secure an independent processor to provide payment processing services at its sole cost and expense. In addition, Customer shall reimburse Passport for any damage, loss or expense incurred by Passport as a result of a breach by Customer, including any damages set forth in any addendum and/or schedule and/or exhibit hereto and including all past due, unpaid and/or future invoices for services rendered by Passport in connection with this Agreement. All such amounts shall be due and payable by Customer upon demand. Passport shall also have the option to require Customer to reacquire all outstanding sales transactions acquired by Passport hereunder. In addition to, and not in limitation of the foregoing, Passport may refuse to provide the Services in the event it has not been paid for the Services as provided herein.
13. Payment. Customer shall always maintain an open Account. Customer irrevocably authorizes Passport to debit and/or credit the Account to settle any and all fees and other amounts due Passport under this Agreement, and such authority shall remain in effect for a period of one (1) calendar year following the date of termination of this Agreement, regardless of whether Customer has notified Passport of an Account Change as defined below. Customer shall have thirty (30) days from the date of the transaction to dispute any amount credited/debited by Passport. The Parties will work together in good faith to resolve such dispute. Customer shall always maintain the Account with sufficient cleared funds to meet its obligations under this Agreement. In the event Customer desires an Account Change, Customer shall give Passport 30 days prior written notice, and Passport shall use reasonable commercial efforts to effect such Account Change; however, such Account Change shall not be effective until the date on which Passport actually makes such Account Change on Passport’s system. In no event shall Passport have any liability for any amounts directed to an Account that has been designated by any purported representative of Customer or its Customer Supplier at any time during the term of this Agreement, regardless of any Account Change. All amounts due Passport under this Agreement shall be paid without set-off or deduction, and shall be due from Customer as of the date Passport originates an ACH debit transaction record to Customer's Account. Any fees not collected from Customer by Passport when due shall bear interest at one (1) percentage point per month but in no event more than the highest rate permitted by law. The acceptance by Passport, Passport's affiliate or other financial institution of Customer's closing (or termination of) its Account shall not constitute a mutually agreed upon termination of this Agreement. Without limiting the generality of any other provision of this Agreement, Passport is hereby authorized by Customer to charge amounts due under this Agreement i) against each day’s sales transactions ii) against any reserve; or iii) by making an ACH debit to Customer’s Account.
14. Indemnification.
A. Subject to the other limitations, terms and conditions of this Agreement, Passport shall indemnify, defend, and hold harmless Customer, and its directors, officers, employees, affiliates and agents from and against all third party proceedings, claims, losses, damages, demands, liabilities and expenses whatsoever, including all reasonable legal and accounting fees and expenses and all reasonable collection costs, arising from or related to the Payment Facilitation Services, and incurred by Customer, its directors, Passport Order Form Page 23 of 30 Version 2025.03.11
officers, employees, affiliates and agents, only to the extent resulting from or arising out of Passport's gross negligence, or willful misconduct.
B. Except to the extent caused by Passport’s gross negligence or willful misconduct, Customer shall indemnify, defend, and hold harmless Passport, and its directors, officers, employees, affiliates and agents from and against all proceedings, claims, losses, damages, demands, liabilities and expenses whatsoever, including all reasonable legal and accounting fees and expenses and all reasonable collection costs, incurred by Passport, its directors, officers, employees, affiliates and agents resulting from or arising out of the Services in this Agreement, Customer’s processing activities, the business of Customer or its customers, any sales transaction acquired by Passport, any noncompliance with the Operating Regulations (or any rules or regulations promulgated by or in conjunction with the Card Networks) by Customer or its agent (including any Customer Supplier), any Data Incident, any infiltration, hack, breach, or violation of the processing system of Customer, its Customer Supplier, or any other third party processor or system, or by reason of any breach or nonperformance of any provision of this Agreement on the part of the Customer, or its employees, agents, Customer Suppliers, or customers.
C. The indemnification of each party shall survive the termination of the Agreement. The indemnified party shall (i) provide prompt written notice of any claim to the indemnifying party; (ii) cooperate with all reasonable requests of the indemnifying party; and (iii) surrender exclusive control of the defense and settlement of any third party claim to the indemnifying party provided that the indemnifying party will obtain the indemnified party’s written consent prior to agreeing to any settlement or agreement that requires the indemnified party to make any admission of fault or to pay any amounts in connection with such settlement or agreement that are not fully paid for by the indemnifying party. The indemnified party shall not unreasonably withhold or delay any consent required under this Section. The indemnified party may elect to participate in the action with an attorney of its own choice at its own expense.
15. Review of Settlement Activity and Reports; Notice of Failure by Passport. Customer agrees that it shall review all reports, notices, and invoices prepared by Passport or its agent and made available to Customer, including but not limited to reports, notices, and invoices provided via Passport’s online reporting tool. Passport reserves the right to send some or all of the reports and/or invoices and/or notices of any pricing changes permitted under this Agreement via communication methods utilized as components of its Service Delivery Process which method Passport may change from time to time with notice via Passport’s Service Delivery Process. Customer expressly agrees that Customer's failure to notify Passport that Customer has not received any settlement funds within ten (10) business days from the date that settlement was due to occur, or fails to reject any report, notice, or invoice within thirty business days from the date the report or invoice is made available to Customer, shall constitute Customer's acceptance of the same. In the event Customer believes that Passport has failed in any way to provide the Services, Customer agrees to provide Passport with written notice, specifically detailing any alleged failure, within 30 days of the date on which the alleged failure first occurred.
16. Limitation of Liability.
A. EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, PASSPORT
DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER
HEREBY ACKNOWLEDGES THAT THERE ARE RISKS ASSOCIATED WITH THE ACCEPTANCE OF
CARDS AND CUSTOMER HEREBY ASSUMES ALL SUCH RISKS EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN.
B. Without limiting the foregoing, neither party shall be liable for lost profits, lost business or any incidental, special, consequential or punitive damages (whether or not arising out of circumstances known or foreseeable by the other party) suffered by such party, its customers, or any third party in connection with the Services provided hereunder. However, nothing in the foregoing sentence is in any way intended, and shall not be construed, to limit (i) Customer’s obligation to pay any fees, assessments or penalties due under this Agreement, including but not limited to those imposed by telecommunications services Customers or the Card Networks; or (ii) any damages due from Customer related to the failure by Customer to exclusively receive the Services from Passport to the extent required by the Agreement, and/or (iii) Customer’s obligation to indemnify Passport pursuant to section 19. In no event shall Passport be liable for any damages or losses (i) that are wholly or partially caused by the Customer, or its employees, agents, or Customer Suppliers that should have been reported to Passport pursuant to Section 20, (ii) that first occurred, whether or not discovered by Customer, more than 30 days prior to Passport's receipt of written notice from Customer or (iii) that were caused due to errors in data provided by Customer to Passport.
C. Passport's liability related to or arising out of this Agreement shall in no event exceed an amount equal to the lesser of (i) actual monetary damages incurred by Customer or (ii) fees paid to and retained by Passport Order Form Page 24 of 30 Version 2025.03.11
Passport for the particular Services in question for the three calendar months immediately preceding the date on which Passport received a written notice from Customer detailing Passport's material nonperformance under this Agreement. For avoidance of doubt, the cap on Passport’s liability set forth in the immediately preceding sentence will not limit Passport’s obligation to settle funds due to Customer under this Agreement.
D. No cause of action, regardless of form, shall be brought by either party more than one year after the cause of action arose, other than one for the nonpayment of fees and amounts due Passport under this Agreement. In the event that Customer has a claim against Member Bank in connection with the Services provided under this Agreement, Customer shall proceed against Passport (subject to the limitations and restrictions herein), and not against Member Bank, unless otherwise specifically required by the Operating Regulations.
E. Passport and Customer recognize and agree that any limitations of liability set forth in this Agreement are fair and reasonable.
17. Regulatory Remedial Right. Passport may suspend or cease providing any Service in this Agreement if: (i) in Passport’s reasonable opinion, such Service, or the business of Customer, violates or would violate the Operating Regulations, or any federal, state or local statute or ordinance, or any regulation, order or directive of any governmental agency or court; (ii) Customer is accused by any federal, state or local jurisdiction of a violation of any applicable statute or ordinance or any regulation, order or directive of any governmental agency or court, or if Passport reasonably believes, based upon the opinion of its legal counsel, that Customer may be in violation of any of the foregoing; and/or (iii) in Passport’s reasonable opinion, Customer’s activities may result in increased regulatory scrutiny or reputational harm. Passport may also suspend or cease providing any Service in this Agreement to Customer if directed to do so by Member Bank, Acquirer, or a Card Network.
18. Conversion; Deconversion. To the extent applicable, Customer shall take all necessary steps to, and shall, promptly convert to Passport’s system for the Services in this Agreement not later than 90 days after the execution of this Agreement. Passport agrees that it shall not charge Customer for Passport’s standard and customary internal testing and conversion preparation only, in connection with Customer’s initial conversion to Passport’s system at the commencement of this Agreement, and as determined by Passport in its sole reasonable discretion. The foregoing shall not be deemed to limit Customer’s obligation to pay any third party fees and expenses incurred by Passport in connection with Customer’s conversion, which shall remain the sole responsibility of Customer. Customer agrees to be responsible for all direct and indirect costs (including but not limited to those incurred by Passport, its affiliates and/or agents) in connection with and/or related to Customer's conversion from Passport at the termination of this Agreement and/or related to any conversion or programming effort affecting the Services after Customer's initial conversion to Passport.
19. Use of Confidential Information. Notwithstanding anything to the contrary herein, Passport may use, disclose, share and retain any information provided by Customer and/or relevant to the Services, during the term and thereafter:
(a) with any affiliates, agents, or partners of Passport; (b) in response to subpoenas, warrants, court orders or other legal processes; (c) in response to lawful requests from law enforcement agencies or government entities; (d) to comply with applicable laws or regulations; (e) with Passport’s affiliates, partners and agents, (f) to perform analytic services for Passport, Acquirer and/or others including but not limited to analyzing, tracking and comparing transaction and other data to develop and provide insights for such parties as well as for developing, marketing, maintaining and/or improving Passport’s products and services; and/or (g) to offer or provide the Services hereunder.
20. Compliance with Law. Customer represents and warrants to Passport that it will comply with all applicable federal, state and local laws and regulations in connection with Customer’s receipt of the Services and/or applicable to Customer’s business operations. Passport will comply with federal, state and local laws and regulations applicable directly to Passport in its provision of the Services.
21. Security and Data Incidents. Passport will be responsible for the security, quality, accuracy, and adequacy of all transactions originated in its applications and information supplied hereunder, and will establish and maintain adequate audit controls to monitor the security, quality, maintenance, and delivery of such data. For any transactions originated at a point of sale outside a Passport or Passport affiliate application, Provide will assume full responsibility for the security, quality, accuracy, and adequacy of all transaction and information supplied hereunder, and will establish and maintain adequate audit controls to monitor the security, quality, maintenance, and delivery of such data. Without limiting the generality of the foregoing, Customer represents and warrants to Passport that it has implemented and will maintain secure systems for maintaining and processing information and for transmitting information to Passport.
Passport shall have no liability whatsoever for the security or availability of any communications connection used in connection with the Services provided hereunder. Customer acknowledges that Passport is responsible only for the security of its own proprietary systems, and not for the systems of any third party, including without limitation any Customer Supplier of Customer. Customer shall notify Passport immediately if Customer becomes aware of or suspects a Data Incident. Customer agrees to fully cooperate, to the extent permitted by applicable law, with Passport Passport Order Form Page 25 of 30 Version 2025.03.11
and any Card Network with respect to any investigation and/or additional requirements related to a suspected Data Incident.
22. Audits. At any reasonable time upon reasonable notice to Customer, Customer shall allow Passport to review the files held and the procedures followed by Customer at any or all of Customer’s offices or places of business which are directly related to this Agreement. Customer will provide requested information to Passport necessary to complete its audit.
23. System Requirements and Upgrades. Customer agrees that the Services shall be provided in accordance with Passport's then current systems, standards and procedures and that Passport shall not be required to perform any special programming, to provide any special hardware or software or to implement any other system, program or procedure for Customer. Unless otherwise agreed in writing by Passport, all sales transaction, settlement and other data and information used in connection with the Services shall be provided to Passport in Passport's then current data formats and by means of Passport's then current telecommunications configurations and protocols. Passport may make changes in the Services based upon, but not limited to, technological developments, legislative or regulatory changes, or the introduction of new services by Passport. Customer shall comply with all time deadlines, equipment and software maintenance and upgrading requirements to the extent required by the Card Networks and/or Operating Regulations.
Customer shall use best efforts to comply with all other time deadlines, equipment and software maintenance and upgrading requirements which Passport may reasonably impose on Customer from time to time.
24. Title to the Services. Customer agrees it is acquiring only a nontransferable, non-exclusive right to use the Services. Passport shall at all times retain exclusive title to the Services, including without limitation, any materials delivered to Customer hereunder and any invention, development, product, trade name, trademark, service mark, software program, or derivative thereof, developed in connection with providing the Services or during the term of this Agreement.
25. Maximum Amounts. Customer may set a maximum transaction amount to accept a Card that provides access to a credit account, under the following conditions: Customer is i) a department, agency or instrumentality of the U.S. government; ii) a corporation owned or controlled by the U.S. government; or iii) an entity whose primary business is reflected by one of the following MCCs: 8220, 8244, 8249 –Schools, Trade or Vocational; and the maximum transaction amount does not differentiate between Mastercard, VISA, or any other Card Network.
26. Additional Agreement. In the event that more than $1,000,000 in Visa transactions and/or $1,000,000 in Mastercard transactions (or such other amount provided by the Operating Regulations) (“Benchmark Amount”) is to be processed through and on behalf of Customer in any twelve (12) month period, Passport will present to Customer a “Merchant Services Agreement for Sub-Merchants” with Acquirer. Should Acquirer and Customer fail to enter into an agreement within sixty (60) days from presentation to Customer, Passport reserves the right to terminate this Agreement.
27. Definitions.
For the purposes of these PF Terms, the following terms shall have the meanings set forth below:
“Acquirer” means WorldPay, LLC, the merchant acquirer for the sales transactions contemplated by this Agreement. “Account” means an open checking account at a financial institution acceptable to Passport which Passport can access through the ACH system.
“Account Change” means a change in the Account or the financial institution where the Account is located. “ACH” shall mean the Federal Reserve's Automated Clearing House (“ACH”) system. “American Express” shall mean American Express Travel Related Services, Inc. “Card Network” means VISA, Mastercard, Discover, American Express, or any Other Network, as the same are defined herein.
“Cards” shall mean Mastercard, VISA, Discover and Other Network cards, account numbers assigned to a cardholder, or other methods of payment accepted by Passport, for which pricing is set forth in the Agreement. “Cardholder” shall mean any person authorized to use the Cards or the accounts established in connection with the Cards.
“Data Incident” shall mean any alleged or actual compromise, unauthorized access, disclosure, theft, or unauthorized use of Card or Cardholder information, regardless of cause, including without limitation, a breach of or intrusion into Passport Order Form Page 26 of 30 Version 2025.03.11
any system, or failure, malfunction, inadequacy, or error affecting any server, wherever located, or hardware or software of any system, through which Card information resides, passes through, and/or could have been compromised. “Discover” shall mean Discover Financial Services, LLC. “Member Bank” shall mean a member of VISA, Mastercard and/or Other Networks, as applicable, that provides sponsorship services in connection with this Addendum.
“Mastercard” shall mean Mastercard International, Inc.
“Other Network” shall mean any card association other than VISA, Mastercard, or Discover or any electronic payment network that is identified in the Customer Price Schedule, which is provided by Passport to Customer from time to time, and in which Customer participates hereunder.
“PCI-DSS” shall mean the Payment Card Industry Data Security Standard. “Customer Supplier” shall mean a third party other than Passport or Member Bank used by Customer in connection with the Services received hereunder, including but not limited to, Customer’s software Customers, equipment Customers, and/or third party processors.
“Service” shall mean any and all services described in, and provided by Passport pursuant to, this Addendum. “Service Delivery Process” means Passport’s then standard methods of communication, service and support, including but not limited to communication via an online portal, email communication, statement notices, other written communications, etc.
“VISA” shall mean VISA USA, Inc.
28. American Express Program. Capitalized terms in this Section 33 are defined in the American Express Merchant Requirements.
Customer hereby authorizes Passport to submit Transactions to, and receive settlement from, American Express on behalf of the Customer. If Customer is placed in the American Express Program, Customer shall be responsible for complying with the provisions set forth in Section 35 below and the American Express Merchant Operating Guide for all transactions initiated in the Passport application, which can be located at http://www.americanexpress.com/merchantopguide.
Acquirer may disclose Transaction Data, Merchant Data, and other information about the Customer to American Express; and American Express may use such information to perform its responsibilities in connection with the Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including marketing purposes within the parameters of the Agreement. American Express may use the information from the Agreement at the time of setup to screen and/or monitor Customer in connection with Card marketing and administrative purposes.
Customer may be converted from the American Express Program to a direct Card acceptance relationship with American Express if and when Merchant has either (i) greater than $1,000,000 in Charge Volume in a rolling twelve (12) month prior or (ii) greater than $1,000,000 in Charge Volume in any three (3) consecutive months (hereinafter “High CV Merchant”). Upon conversion, (i) the Customer will be bound by American Express’ then-current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by the Customer for Card acceptance.
Customer shall not assign to any third party any payments due to it under the Agreements, and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at its Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that the Merchant may sell and assign future Transaction receivables to Acquirer, its affiliated entities and/or any other cash advance funding source that partners with Acquirer or its affiliated entities, without consent of American Express.
Third-party beneficiary rights may be conferred to American Express, but not obligations to the Merchant Processing Agreement, providing American Express the ability to enforce the terms of the Agreement against the Customer in association with the American Express Program only.
Passport Order Form Page 27 of 30 Version 2025.03.11
Customer may elect to opt out of accepting American Express Cards at any time without directly or indirectly affecting its rights to accept other payment products by notifying Passport.
Passport may terminate the Customer’s to accept American Express Cards if it breaches any of the provisions in this Section.
Acquirer has the right to immediately terminate Customer from the American Express Program for cause, fraudulent or other activity, or upon American Express’ request.
Customer may not bill or collect from any American Express cardholder for any purchase or payment on the Card unless Chargeback has been exercised, the Customer has fully paid for such Charge, and it otherwise has the right to do so.
29. American Express Program General Merchant Requirements A. Card Acceptance. Customer (referred to herein as “Merchant”) must accept the Card as payment for goods and services (other than those goods and services prohibited under Section 3.3, “Prohibited Uses of the Card” of the Merchant Requirements) sold, or (if applicable) for charitable contributions made, at all of its Establishments, except as expressly permitted by state statute. Merchant is jointly and severally liable for the obligations of Merchant’s Establishments under the Agreement.
B. Treatment of the American Express Brand.
Except as expressly permitted by Applicable Law, Merchant must not:
1. indicate or imply that it prefers, directly or indirectly, any Other Payment Products over the Card,
2. try to dissuade Card Members from using the Card,
3. criticize or mischaracterize the Card or any of American Express’ services or programs,
4. try to persuade or prompt Card Members to use any Other Payment Products or any other method of payment (e.g., payment by check),
5. impose any restrictions, conditions, disadvantages or fees when the Card is accepted that are not imposed equally on all Other Payment Products, except for electronic funds transfer, or cash and check,
6. suggest or require Card Members to waive their right to dispute any Transaction,
7. engage in activities that harm the American Express business or the American Express Brand (or both),
8. promote any Other Payment Products (except Merchant’s own private label card that Merchant issues for use solely at Merchant’s Establishments) more actively than Merchant promote the Card, or
9. convert the currency of the original sale Transaction to another currency when requesting Authorization or submitting Transactions (or both).
Merchant may offer discounts or in-kind incentives from Merchant’s regular prices for payments in cash, ACH funds transfer, check, debit card or credit/charge card, provided that (to the extent required by Applicable Law): (i) Merchant clearly and conspicuously disclose the terms of the discount or in-kind incentive to Merchant’s customers, (ii) the discount or in-kind incentive is offered to all of Merchant’s prospective customers, and (iii) the discount or in-kind incentive does not differentiate on the basis of the issuer or, except as expressly permitted by applicable state statute, payment card network (e.g., Visa, Mastercard, Discover, JCB, American Express). The offering of discounts or in-kind incentives in compliance with the terms of this paragraph will not constitute a violation of the provisions set forth above in this Section B., “Treatment of the American Express Brand”.
C. Treatment of the American Express Marks. Whenever payment methods are communicated to customers, or when customers ask what payments are accepted, Merchant must indicate Merchant’s acceptance of the Card and display our Marks (including any Card application forms provided to Merchant) as prominently and in the same manner as any Other Payment Products. Merchant must not use the American Express Marks in any way that injures or diminishes the goodwill associated with the Mark, nor (without prior written consent from Processor) indicate that American Express endorse Merchant’s goods or services. Merchant shall only use the American Express Marks as permitted by the Agreement and shall cease using our Marks upon termination of the Agreement.
D. Treatment of American Express Card Member Information. Any and all Card Member Information is confidential and the sole property of the Issuer, American Express or its Affiliates. Except as otherwise specified, Merchant must not disclose Card Member Information, nor use nor store it, other than to facilitate Transactions at Merchant’s Establishments in accordance with the Agreement.
E. ARBITRATION AGREEMENT (as to Claims involving American Express). In the event that Merchant or Passport (herein referred to as “Processor”) is not able to resolve a Claim against American Express, or a claim against Processor or any other entity that American Express has a right to join, this section explains how Claims may be resolved through Passport Order Form Page 28 of 30 Version 2025.03.11
arbitration. Merchant or American Express may elect to resolve any Claim by binding individual arbitration. Claims will be decided by a neutral arbitrator.
If arbitration is elected by any party, neither Merchant nor Processor nor American Express will have the right to litigate or have a jury trial on that Claim in court. Further, Merchant, Processor, and American Express will not have the right to participate in a class action or in a representative capacity or in a group of persons alleged to be similarly situated pertaining to any Claim subject to arbitration under this Agreement. Arbitration procedures are generally simpler than the rules in court. An arbitrator’s decisions are final and binding, and the arbitrator’s final decision on a Claim generally is enforceable as a court order with very limited review by a court. Other rights Merchant, Processor, or American Express would have in court may also not be available in arbitration.
i. Initiation of Arbitration. Claims may be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration Agreement and the selected organization’s rules in effect when the Claim is filed, except where those rules conflict with this Agreement. Contact JAMS or AAA to begin an arbitration or for other information. Claims may be referred to another arbitration organization if all parties agree in writing, if American Express selects the organization and Merchant selects the other within 30 days thereafter or if an arbitrator is appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA). Any arbitration hearing will take place in the federal judicial district where Merchant’s headquarters is located or New York, NY, at Merchant’s election. ii. Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between Merchant, Processor, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that Merchant, Processor, and American Express do not waive the right to appeal that decision. iii. Previously Filed Claims/No Waiver. Merchant, Processor, or American Express may elect to arbitrate any Claim that has been filed in court at any time before trial has begun or final judgment has been entered on the Claim. Merchant, Processor, or American Express may choose to delay enforcing or to not exercise rights under this Arbitration Agreement, including the right to elect to arbitrate a claim, without waiving the right to exercise or enforce those rights on any other occasion. For the avoidance of any confusion, and not to limit its scope, this section applies to any class-action lawsuit relating to the “Honor All Cards,” “non-discrimination,” or “no steering” provisions of the American Express Merchant Regulations, or any similar provisions of any prior American Express Card acceptance agreement that was filed against American Express prior to the Effective Date of the Agreement to the extent that such claims are not already subject to arbitration pursuant to a prior agreement between Merchant and American Express. iv. Arbitrator’s Authority. The arbitrator will have the power and authority to award any relief that would have been available in court and that is authorized under this Agreement. The arbitrator has no power or authority to alter the Agreement or any of its separate provisions, including this arbitration agreement. v. Split Proceedings for Equitable Relief. Merchant, Processor, or American Express may seek equitable relief in aid of arbitration prior to arbitration on the merits if necessary to preserve the status quo pending completion of the arbitration. This section shall be enforced by any court of competent jurisdiction, and the party seeking enforcement is entitled to seek an award of reasonable attorneys’ fees and costs to be paid by the party against whom enforcement is ordered.
vi. Small Claims. American Express will not elect arbitration for any Claim Merchant properly files in a small claims court so long as the Claim seeks individual relief only and is pending only in that court. vii. Governing Law/Arbitration Procedures/Entry of Judgment. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and is governed by the FAA. The arbitrator shall apply New York law and applicable statutes of limitations and honor claims of privilege recognized by law. The arbitrator shall apply the rules of the arbitration organization selected, as applicable to matters relating to evidence and discovery, not federal or any state rules of procedure or evidence, provided that any party may ask the arbitrator to expand discovery by making a written request, to which the other parties will have 15 days to respond before the arbitrator rules on the request. If Merchant’s Claim is for $10,000 or less, Merchant may choose whether the arbitration will be conducted solely based on documents Passport Order Form Page 29 of 30 Version 2025.03.11
submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the rules of the selected arbitration organization. At the timely request of a party, the arbitrator will provide a written opinion explaining his/her award. The arbitrator’s decision will be final and binding, except for any rights of appeal provided by the FAA. Judgment on an award rendered by the arbitrator may be entered in any state or federal court in the federal judicial district where Merchant’s headquarters or Merchant’s assets are located.
viii. Confidentiality. The arbitration proceeding and all information submitted, relating to or presented in connection with or during the proceeding, shall be deemed confidential information not to be disclosed to any person not a party to the arbitration. All communications, whether written or oral, made in the course of or in connection with the Claim and its resolution, by or on behalf of any party or by the arbitrator or a mediator, including any arbitration award or judgment related thereto, are confidential and inadmissible for any purpose, including impeachment or estoppel, in any other litigation or proceeding; provided, however, that evidence shall not be rendered inadmissible or non-discoverable solely as a result of its use in the arbitration.
ix. Costs of Arbitration Proceedings. Merchant will be responsible for paying Merchant’s share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees Merchant would have incurred if Merchant had brought a claim in court. American Express will be responsible for any additional arbitration fees. At Merchant’s written request, American Express will consider in good faith making a temporary advance of Program Merchant’s share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. x. Additional Arbitration Awards. If the arbitrator rules in Merchant’s favor against American Express for an amount greater than any final settlement offer American Express made before arbitration, the arbitrator’s award will include: (1) any money to which Merchant is entitled as determined by the arbitrator, but in no case less than $5,000; and (2) any reasonable attorneys’ fees, costs and expert and other witness fees incurred by Merchant.
xi. Definitions. For purposes of this section xii. only, (i) American Express includes its Affiliates, licensees, predecessors, successors, or assigns, any purchasers of any receivables, and all agents, directors, and representatives of any of the foregoing, (ii) Merchant includes Merchant’s Affiliates, licensees, predecessors, successors, or assigns, any purchasers of any receivables and all agents, directors, and representatives of any of the foregoing, and (iii) Claim means any allegation of an entitlement to relief, whether damages, injunctive or any other form of relief, against American Express or against Processor or any other entity that American Express has the right to join, including, a transaction using an American Express product or network or regarding an American Express policy or procedure.
F. Establishment Closing. If a Merchant closes any of its Establishments, Merchant must follow these guidelines:
Notify payment processing company immediately.
Policies must be conveyed to the Card Member prior to completion of the Charge and printed on the copy of a receipt or Charge Record the Card Member signs. See Section 4.8, “Return and Cancellation Policies” of the Merchant Requirements for additional information.
If not providing refunds or exchanges, post notices indicating that all sales are final (e.g., at the front doors, by the cash registers, on the Charge Record and on websites and catalogs).
Return and cancellation policies must be clearly disclosed at the time of sale.
For Advance Payment Charges or Delayed Delivery Charges, delivery of the goods or services which have already charged to the Card Member is required or Credit must be issued for any portion of the Charge for the goods or services not delivered.
1. Premium Payment Gateway Services
Passport will make available to Customer certain premium payment gateway services, subject to the terms and conditions applicable to PGMS and the following terms and conditions:
a. Payment Acceptance: In addition to acceptance of all major card types (Visa, Mastercard, Discover, and American Express), Passport will accept ApplePay, Google Pay, and/or any other alternative payment methods that Passport may accept from time to time.
b. Acceptance of Ecosystem Payments: If agreed in writing by Customer and Passport, Customer will have access to those partners and/or others for which Passport accepts payments from time to time. For clarity, Passport will serve as the merchant (commonly known as the “merchant of record”) for any such transactions.
Passport Order Form Page 30 of 30 Version 2025.03.11
c. Access to Specialized Interchange Rates: Subject to any applicable agreements Passport may have from time to time with either Visa or Mastercard, Passport may grant to Customer access to Passport's negotiated Small Ticket Interchange rates within the Parking Segment. Notwithstanding the foregoing, Customer may be required to register Customer’s BIN through Customer’s merchant acquirer to access such negotiated interchange rates. Passport does not assume any responsibility for such registration, but will provide reasonable assistance to Customer to implement such negotiated interchange rates.
2. Pricing
The Order Form includes all applicable fees. Notwithstanding the foregoing, Customer and Passport have agreed to such fees based upon certain estimates and information provided to Passport by Customer, including, without limitation, transaction volume, transaction rates, average dollar amount of transactions, and then-current card network fees and rates. If there are any material and/or non-trivial changes to transaction volume, transaction rates, average dollar amount of transactions, and/or card network fees and rates, Passport may adjust the applicable fees to maintain, as closely as reasonably possible, the economic arrangement anticipated, or subsequently achieved, based on the information and card network fees and/or rates in effect as of the Effective Date.
Artesia, CA- New CWT S4+ Paystation Card and
Coin
Quote Date 3/10/2026
Quote Expires 6/8/2026
Quote Issued By
Thomas Burton
Regional Sales Manager
470-905-2521
[email protected]
Equipment
Product Name QuantityUnit Price Term Year 1 Year 2 Year 3 CWT Credit Card Pay Station - Color Touch Display
Color: Black
Solar / Cellular
Payment Methods: Credit/Debit Card and Coin.
Contactless Card Reader - A1000, EMV Solution
Configuration: Pay by Plate
Warranty: 12-month
3 ($ 8,500.00) One Time ($ 25,500.00)
Equipment Total: ($ 25,500.00) ($ - ) ($ - )
On Going Service
WebOffice
Includes: All Mode Configuration
Maintenance alarms alerts to cell phone
Reporting (standard)
Credit Card Gateway
Communication Fees
24/7 Support
3 ($ 56.00) Monthly ($ 2,016.00) ($ 2,016.00) ($ 2,016.00) EMV - Service Connection -Required for credit card
transactions are set up for EMV transactions 3 ($ 12.00) Monthly ($ 432.00) ($ 432.00) ($ 432.00) Text Receipts - Optional TBD $0.03) Per
Transaction
Flowbird Text to Park Application - fee paid by end
user -Optional TBD $0.45) Per
Transaction
Flowbird Meter Extension from smart phone - fee
paid by end user - Optional TBD $0.45) Per
Transaction
PartSmart Extended Warranty program - Optional 3 ($ 32.00) Monthly ($ 1,152.00) ($ 1,152.00) On Going Services Total: ($ 2,448.00) ($ 3,600.00) ($ 3,600.00) General Services
Installation Services to prepared ground and training 3 ($ 250.00) ($ 750.00) Shipping 3 ($ 195.00) ($ 585.00)
General Services Total: ($ 1,335.00) ($ 3,600.00) ($ 3,600.00) TAX: ($ 2,677.50) ($ - ) ($ - )
Total: ($ 29,283.00)($ 3,600.00) ($ 3,600.00)
Grand
Total: ($ 31,960.50)($ 3,600.00) ($ 3,600.00)
All prices stated are exclusive of taxes. Shipping estimates have been provided; however, actual shipping costs will be invoiced unless specifically itemized in this quotation.
In the event of any changes to, or implementation of, new laws, regulations, statutes, judicial interpretations, ordinances, codes, policies, standards, proclamations, or similar directives — including changes to import fees, taxes, duties, tariffs, export surcharges, or similar charges — that take effect after the proposal submission date and can be reasonably demonstrated by Flowbird to impact the cost or timeline of performance, this quote shall be subject to equitable adjustment in both schedule and pricing.
The customer is responsible for all applicable taxes or must provide valid documentation of tax-exempt status.
By accepting this order, the customer agrees to be bound by all applicable terms and conditions, including any existing contracts between the customer and Flowbird related to the same products or services, if any.
Accepted by: ______________________________ Date: _____/_____/_____
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 10A.
TO: Mayor and Members of the City Council
SUBJECT: AB 2561 Vacancies, Recruitment and Retention Annual Report FROM: Ericka Grisham, HR Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council open and conduct the public hearing required under Assembly Bill 2561 and receive and file this report.
BACKGROUND:
Effective January 1, 2025, Assembly Bill 2561 amended Government Code Section 3502.3 to require public agencies to conduct annual public hearings addressing workforce vacancies, the impacts of those vacancies, and efforts related to recruitment and retention.
This report represents the City of Artesia's ("City") second annual review and reflects progress made over the past year in strengthening workforce stability and organizational effectiveness.
ANALYSIS:
As of April 1, 2026:
1. The City's total funded positions and current vacancies are as follows:
a. Total funded positions: 44.70
b. Vacant positions: 1
c. Change from prior year: The City has made significant progress in workforce stabilization, achieving near-full staffing across departments, eliminating vacancies in the Community Development and Planning Departments, from four to zero, and maintaining minimal vacancies citywide, while continuing to invest in initiatives that strengthen employee engagement and retention At this time, no single department is experiencing a disproportionate impact from vacancies. Prior vacancies were distributed across multiple departments, and the City is currently operating at full staffing capacity.
2. Recruitment Efforts and Outcomes:
a. Over the past year, the City has implemented several strategies to improve recruitment outcomes, including:
i. Streamlining hiring processes to reduce time-to-fill and improve candidate experience ii. Expanding outreach efforts through broader and more targeted recruitment platforms iii. Enhancing job postings and recruitment marketing materials to better highlight key benefits and total compensation
iv. Improving application accessibility through simplified and mobile-friendly processes v. Increasing Human Resources staffing to improve responsiveness and support throughout the recruitment process
vi. Promoting flexible work options through the City’s Hybrid Work Program to enhance competitiveness in attracting qualified candidates
b. Outcomes:
i. Improved applicant flow and quality in key recruitments ii. Increased competitiveness in attracting qualified candidates iii. Reduced delays in select hiring processes
3. Retention Efforts and Outcomes:
a. To support employee retention and engagement, the City has focused on:
i. Completion of a comprehensive classification and compensation study to ensure alignment with industry standards
ii. Implementation of updated compensation and benefits effective July 1, 2025 iii. Expansion of employee engagement and recognition initiatives, including appreciation events iv. Investment in organizational development through training and performance management tools v. Continued implementation of the Hybrid Work Program to support employee work-life balance and longterm retention b. Outcomes:
i. Improved employee morale and engagement
ii. Increased participation in organizational programs and events iii. Greater consistency in performance management practices
4. Despite progress, the City continues to face challenges, including:
a. Strong regional competition for qualified candidates, particularly in specialized and hard-to-fill positions b. Budgetary limitations, which may impact the City’s ability to expand staffing levels or offer additional incentives
c. Evolving workforce expectations, including increased demand for flexibility, career development opportunities, and workplace culture enhancements
FISCAL IMPACT:
There is no additional fiscal impact associated with this public hearing. Any future costs related to recruitment and retention strategies will be addressed through the annual budget process.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council open and conduct the public hearing required under Assembly Bill 2561 and receive and file this report.
Attachments
AB 2561 Presentation 5-11-26.pdf
CITY OF ARTESIA
(AB 2561) Employee Vacancies
Summary Report
Presented by Ericka Grisham, Human Resources Manager, City of Artesia Overview of AB 2561
• Assembly Bill 2561 requires public agencies to present an annual report on workforce vacancies and the City’s recruitment and retention efforts prior to adoption of the final budget.
• The law is intended to promote transparency and provide insight into how public agencies are addressing staffing needs and workforce challenges. • This presentation provides an overview of the City of Artesia’s current vacancy status, recent recruitment activity, and ongoing efforts to attract and retain a qualified workforce.
Additional Requirements
In accordance with Assembly Bill 2561, the City has reviewed its hiring policies, procedures, and recruitment practices to identify potential barriers to employment.
At this time, no changes have been identified as necessary. The City’s recruitment processes remain consistent with industry standards and reflect modern, equitable hiring practices.
The legislation also establishes a 20% vacancy rate threshold that may trigger additional review by employee organizations. The City of Artesia remains below this threshold, indicating stable workforce staffing levels.
These efforts support the City’s commitment to workforce stability and high-quality public service delivery.
Vacancy Status and Recruitment Activity
The City has one position posted as of the date this presentation was finalized (May 4, 2026). The status of the City’s vacancies are as follows:
Positions Filled 1/1/26-5/4/26
Department Position FT/PT Quantity Posting Date Total
Candidates
Status
Planning Assistant Planner FT (1) November 5,
2025
57 Position
Filled
Administrative
Services
Management Analyst FT (1) November 12,
2025
171 Position
Filled
Public Works Maintenance Worker II FT (1) December 17,
2025
27 Position
Filled
Parks and
Recreation
Parks and Recreation
Leader I
PT (1) March 12, 2026 25 Position
Filled
Parks and
Recreation
*New Grant Funded
Recreation Coordinator
PT (1) May 4, 2026 0 Open and
Accepting
Applications
Recruitment Effort Highlights
• Invested in updated recruitment marketing materials
• Enhanced job postings to highlight key benefits and compensation • Expanded outreach through targeted recruitment platforms • Streamlined hiring processes to reduce time-to-fill
• Added HR staff to improve responsiveness and candidate experience Result: Improved applicant quality and successful recruitment across all departments, resulting in full staffing Retention Effort Highlights
• Completed the comprehensive classification and compensation study • Implemented updated compensation aligned with industry standards • Expanded training and professional development opportunities, including retreats and teambuilding activities • Continued employee engagement and appreciation initiatives • Maintained Hybrid Work Program to support work-life balance Result: Strengthened workforce stability and employee retention Conclusion
As the City continues its compliance with Assembly Bill 2561, Artesia remains committed to maintaining a stable, high-performing workforce through thoughtful recruitment and retention strategies.
Over the past year, the City has made meaningful progress, including achieving near-full staffing across departments, reducing vacancies in the Community Development and Planning Departments from four to zero, and maintaining minimal vacancies citywide while investing in initiatives that strengthen workforce stability and employee engagement.
The City will continue to evaluate and refine its practices to remain competitive in the evolving labor market while aligning with regulatory requirements and best practices in public sector employment.
Thank you for your continued support in these important efforts.
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 11A.
TO: Mayor and Members of the City Council
SUBJECT: Proposal for Aerial Drone Services to Deter Illegal Fireworks During Independence Day Holiday Period
FROM: Mario Flores, Management Analyst
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council approve the Proposal for Services with Southwest Patrol under the existing July 1, 2025 Agreement and not-to-exceed amount, for drone services to monitor and deter illegal fireworks activity during the Independence Day holiday period.
BACKGROUND:
The Artesia City Council has consistently identified public safety as a top priority and continues to invest in measures that enhance enforcement and community protection. The City of Artesia ("City") contracts with the Los Angeles County Sheriff's Department (LASD) for law enforcement services, including a Special Assignment Operations team and a Sergeant dedicated exclusively to the City. In July of 2025, the City Council approved a citywide security services agreement with Southwest Patrol to provide an ongoing presence that supports law enforcement, deters criminal activity, and enhances public safety. Since 2025, the City has also implemented a total of 15 Automated License Plate Reader (ALPR) cameras to strengthen crime prevention and investigative capabilities.
The use of illegal fireworks in the region, and in the City, has been an issue for several years, and is a serious threat to life and property. MySafe:LA, a nonprofit agency providing fire safety and community resilience, reports that nationwide, 19,500 fires related to fireworks are reported to fire departments every year, causing $105 million dollars in annual property damage, and an average 9,100 fireworks injuries that require hospitalization. Each year fireworks kill an average of five people – often minor children. The United States Consumer Product Safety Commission also reported that deaths caused by fireworks increased 38 percent from 2023 to 2024, with 11 reported fatalities in 2024; and injuries caused by fireworks increased 52 percent from 2023 to 2024, with 14,700 people being treated in emergency rooms in 2024.
In response, the City is continuously seeking new ways to deter and hold those responsible for the use and possession of illegal fireworks. On March 9, 2026, the City Council adopted Ordinance 26-982 and Resolution No. 26-3076 to add language to the municipal code that property owners are responsible for the use and/or possession of illegal fireworks on their property and immediately adjacent to it, even if they were not setting off the fireworks themselves, and increase the citation fines associated with illegal fireworks, respectively. At the March meeting, the City Council also requested Staff return with an agreement to utilize drones to further deter and enforce against the use of illegal fireworks around the Independence Day holiday.
ANALYSIS:
As mentioned above, the City contracts with Southwest Patrol to provide added security coverage in the late evening and early morning hours. Southwest Patrol also has the ability to provide aerial drone coverage.
Southwest Patrol has provided a proposal to provide one drone operator to conduct aerial monitoring surrounding the Independence Day Holiday. The assigned operator possesses a Federal Aviation Administration (FAA) Part 107 Remote Pilot Certificate, which requires the operator to pass an aeronautical knowledge test and comply with all applicable federal regulations governing small unmanned aircraft systems, including airspace restrictions, nighttime operations, and safety protocols. Southwest Patrol has also conducted a similar drone-based enforcement operation in the City of Hawaiian Gardens, demonstrating prior experience with this type of deployment.
Services are proposed for the following dates:
June 26-28 (Friday-Sunday)
July 2-5 (Thursday-Sunday)
July 10-12 (Friday-Sunday)
This represents a total of 10 service days, with deployment during evening hours from 8:00 p.m. to 1:00 a.m., when illegal fireworks activity is most prevalent. The City is currently under a yearly contract with Southwest Patrol for citywide security services, and this request would simply be executed as a one-time addition of services within the existing agreement.
The use of drone technology will enhance monitoring capabilities by enabling the identification of the location where illegal fireworks activity originates and capturing footage for Staff review, and potentially issue citations from, at a later time. This approach enhances enforcement effectiveness by providing additional monitoring capabilities, helping relieve strain on LASD personnel while maximizing their efficiency. The City will also continue to have two unarmed Southwest Patrol guards on their normal nightly patrols, who will also be prompted to capture footage of illegal fireworks activity on their personal devices.
Overall, the program is intended to supplement existing enforcement efforts by providing additional situational awareness and deterrence, while coordinating with public safety on the ground. If the proposal is approved, Staff will include the new enforcement mechanism in mailings and digital promotions planned to be issued prior to the Independence Day Holiday.
FISCAL IMPACT:
The cost for drone services is $150 per hour for one operator. Services will be provided over 10 total days, with five-hour shifts per day, for a total of 50 service hours. The total cost of the proposal is $7,500, which is covered under the not to exceed amount of the existing Agreement with Southwest Patrol, and budgeted funds are available within the public safety contract services budget for FY 2025-26.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council approve the Proposal for Services with Southwest Patrol under the existing July 1, 2025 Agreement and not-to-exceed amount, for drone services to monitor and deter illegal fireworks activity during the Independence Day holiday period.
Attachments
City of Artesia Drone Services 4-2-26.pdf
Toll Free: 1(800) 716-0600 1800 E. Lambert Rd. #155
Fax: (714) 7293906 Brea, CA, 92821
SOUTHWEST PATROL, INC.
Proposal for Security Service
For
City of Artesia
18747 Clarkdale Ave
Artesia, CA 90701
By: Anita Lopez
April 2, 2026
1 Pricing
SOUTHWEST PATROL, INC. has carefully identified the tasks to be performed, and the personnel profile necessary to ensure quality coverage. With these elements in mind, SOUTHWEST PATROL, INC. submits the following rates for your approval.
QTY SERVICE PROVIDED RATE
Dedicated Unarmed Uniformed
Security Officer(s)
Per Hour
Per Officer
Dedicated Armed Uniformed
Security Officer(s)
Per Hour
Per Officer
Off Duty Police Officer Per Hour Per Officer
Virtual Guard Service
We log into your camera system
Monthly Flat Fee
1 Drone Services $150.00 Per Hr
Motorcade Per Hour, Per Officer
High Visibility Patrol Service
15 Min. on site
5-7 days a week
Per Visit Per Day
Per Location
Response +Stand By Time
(Waiting for Fire Dept, PD for an
Attempted Break-in Progess, Tow,
Ect.)
Per Hr
Alarm Response Alone
With no other services
Per Monthly Fee
Per Call
Per Stand by
Services of June 26-28
July 2-5
July 10-12
10 Days total
5 hr shifts from 2000-0100
2 References
CITY OF BELLFLOWER (562) 925-0124 ext. 2532
16600 Civic Center Dr. Attn: Brian McNerney
Bellflower, CA 90706
VICTORIA GROVE HOA (951) 354-0732
C/o Avalon Management Attn: C.W. Bock
316308 Railroad Canyon Rd
Canyon Lake CA 92587
CITY OF PARAMOUNT (562) 220-2001
15300 Downey Ave Attn: Maggie Matson
Paramount, CA 90723
COSTA MESA SQUARE (818) 780-0684
3030 Harbor Dr. Attn: Steve Welch
Costa Mesa, CA
CITY OF LAWNDALE (310) 973-3220
14616 Grevillea Ave Attn: Michael Reyes
Lawndale, CA 90260
SHORECLIFF ROAD HOA (323) 314-5611
Mult. Address Attn: John Luciano
Corona Del Mar, CA 92625
CITY OF LAKEWOOD (562) 866-9771 x2114
5050 Clark Ave Attn: Joshua Yordt
Lakewood, CA 90712
GENESIS RETAIL PARTNERS LLC (626) 450-5916
202 South Lake Ave Attn: Ken Lin
Pasadena CA 91101
CITY OF PICO RIVERA (951) 751-8182
6615 Passons Blvd Attn: Phillip Marquez
Pico Rivera, CA 90060
DESERT EMPIRE (909) 370-3077
258 East Commercial Rd Attn: Jim Prusa
San Bernardino, CA 92401
ANDRADE FINANCIAL (626) 852-6771
2060 E. Rte 66 #101 Attn: Rose Madrid
Glendora, CA 91740
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 11, 2026 ITEM NO: 11B.
TO: Mayor and Members of the City Council
SUBJECT: Resolution Regarding Establishing New Sister City Relationship With Angra do Heroismo, Portugal
FROM: Mario Flores, Management Analyst
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 26-3083 approving the establishment of a Sister City relationship between the City of Artesia and the City of Angra do Heroismo, Portugal.
BACKGROUND:
On March 9, 2026, the City Council adopted a Sister City Designation Policy by way of Resolution No. 26-3077, establishing the requirements and procedures for proposing Sister City relationships.
Pursuant to this Policy, community organizations may submit requests for considerations to the Sister City Committee by way of the City Manager, which reviews application letters and provides recommendations to the City Council. The City Council retains sole discretion to approve or deny each request on a case-by-case basis.
Artesia DES submitted a Letter of Request proposing a Sister City relationship between the City of Artesia and the City of Angra do Heroismo, Portugal. Separately, the City of Angra do Heroismo submitted a Reciprocal Letter of Intent expressing its interest in forming the partnership.
On April 20, 2026, the Sister City Committee reviewed both letters and recommend that the City Council approve the establishment of the Sister City relationship.
ANALYSIS:
The proposed Sister City relationship reflects longstanding historical and cultural ties between the City of Artesia's ("City") Portuguese community and Angra do Heroismo. The submitted materials demonstrate a history of cultural exchange, including festivals, performances, and community engagement between the two cities. The proposal outlines opportunities to expand collaboration in areas such as cultural and educational exchanges, tourism, and community partnerships.
The Reciprocal Letter of Intent from Angra do Heroismo confirms a shared commitment to a long-term partnership and identifies a framework for ongoing coordination and program development.
Overall, the request is consistent with the City's Sister City Designation Policy, which emphasizes cultural exchange, community engagement, and international relationships. As outlined in the Sister City Designation Policy, such programs are not supported by City resources unless specifically authorized by the City Council.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the proposed Resolution. Any future City support would require separate City Council approval.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council adopt Resolution No. 26-3083 approving the establishment of a Sister City relationship between the City of Artesia and the City of Angra do Heroismo, Portugal.
Attachments
Sister City Angra do Heroismo Resolution 26-3083.pdf
Sister City Designation Policy 3926.pdf
Letter of Request - Artesia DES - Angra do Heroismo.pdf LOI from Angra do Heroismo.pdf
1 RESOLUTION NO. 26-3083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, APPROVING A SISTER CITY
RELATIONSHIP WITH ANGRA DO HEROÍSMO,
PORTUGAL
WHEREAS, Sister City programs are generally created between two cities to foster cultural exchange, and may be expanded to include educational and professional collaboration;
WHEREAS, On March 9, 2026, the Artesia City Council has adopted a Sister City Designation Policy, by way of Resolution No. 26-3077, establishing a structured process for community organizations and other eligible entities to propose Sister City relationships for City Council consideration;
WHEREAS, a proposal has been submitted by Artesia DES, an Artesia-based sponsoring organization, to establish a Sister City relationship between the City of Artesia and Angra do Heroísmo, Portugal;
WHEREAS, on April 20, 2026, the Artesia Sister City Committee reviewed the Letter of Request submitted by Artesia DES and a reciprocal letter from Angra do Heroísmo, Portugal expressing mutual interest in forming a Sister City relationship; and WHEREAS, the proposal has been reviewed in accordance with the City’s Sister City Designation Policy and is recommended for approval.
NOW, THEREFORE, the City Council of the City of Artesia does hereby find, order and resolve as follows:
SECTION 1. The City Council of the City of Artesia recognizes the great contributions made by Sister City relations throughout the world.
SECTION 2. The City Council of the City of Artesia finds that increased and meaningful cultural exchange will be of benefit to both the cities of Artesia and Angra do Heroísmo, Portugal.
SECTION 3. All activities conducted under the Sister City relationship shall comply with applicable laws, regulations, and City polices.
SECTION 4. Based on the findings set forth above, the City Council of the City of Artesia approves a Sister City relationship with the City of Angra do Heroísmo, Portugal.
SECTION 5. The City Clerk shall certify the adoption of this Resolution. 2 PASSED, APPROVED, AND ADOPTED this 11th day of May 2026. _______________________________
RENE TREVINO, MAYOR
ATTEST:
______________________________
JENNIFER ALDERETE, CITY CLERK
APPROVED TO FORM:
______________________________
BEST BEST & KRIEGER, CITY ATTORNEY
4 CITY OF ARTESIA
SISTER CITY DESIGNATION POLICY
1. PURPOSE:
This Policy establishes the requirements and procedures for community organizations and other interested entities to propose the formation of a Sister City relationship between a prospective city and the City of Artesia. Sister City programs are generally created between two cities to create friendships, cultural exchanges and may be expanded to include business and professional collaborations. Sister City programs are not supported by City staff and/or financial resources unless specifically authorized by a majority vote of the City Council.
2. POLICY DIRECTIVE:
Artesia-based community organizations may seek City Council approval to establish a Sister City relationship with a prospective city by submitting an application to the Sister City Committee by way of the City Manager in accordance with this Policy. All applications will be reviewed by the Sister City Committee and approved by the City Council on a case-by-case basis.
3. SISTER CITY FORMATION:
A. Community Organizations and Other Eligible Entities: Community organizations and other eligible entities may seek City of Artesia approval for the establishment of a Sister City relationship between a prospective city and the City of Artesia, subject to the following requirements.
For the purposes of this Policy, the Sister City Committee is defined as a committee composed of two (2) members of the Artesia City Council, designated by the Mayor.
1. A letter of request will be submitted to the Sister City Committee by way of the City Manager providing justification and/or reasoning for the proposed Sister City relationship. The letter will also be required to outline the goals and objectives of the proposed Sister City relationship such as:
a. Developing community partnerships between cities, counties, states of the United States and similar jurisdictions in other nations;
b. Creating opportunities for the city officials and citizens to experience and explore other cultures through long-term community partnerships;
c. Creating an atmosphere to facilitate economic development opportunities; d. Stimulating environments through which communities will creatively learn, work and solve problems together by sharing cultural, educational, municipal, business, professional, and technical experiences; and
e. Collaborating with local government organizations throughout the United States that share similar interests.
2. A reciprocal Letter of Intent (LOI) from the prospective city should accompany the Sister City application for the purpose of providing information about the organization or entity 5 and reasoning for the proposed relationship.
3. The proposing organization or entity shall be a non-profit organization or tax-exempt association as recognized by the State of California or the Internal Revenue Code with 501(c)(3), 501(c)(4), or 501(c)(6) designation.
4. If applicable, a complete list of the organization’s members’ names, addresses and telephone numbers and other necessary information declaring if members are employed in the City, or are owners or operators of a business or other establishment located in the City, as of the date of the application.
B. Other Organizations: In the event that a proposing community group is not a formally established association or organization, the Sister City Committee may choose to accept a LOI from the sponsoring organization or individual representative stipulating that it can fulfil the above referenced requirements within 120 days of the date of the LOI. All requests to establish a Sister City relationship with the City of Artesia shall be subject to Sister City Committee review and City Council consideration and approval on a case-by-case basis.
C. Review Process: Once letters of request are received from a community organization or other eligible entity, the City Manager or designee will review the letter, and if found complete, shall convene a meeting of the Sister City Committee to review the Sister City request.
1. The Sister City Committee will review the request letter, and if they find the application warrants the creation of a new sister city relationship, they will make a recommendation to the full City Council to establish a new sister city relationship.
2. If the Sister City Committee does not recommend approval of the proposed sister city relationship, the request shall not proceed to the City Council and shall be considered denied unless otherwise directed by the City Council. If the Sister City Committee recommends approval, the recommendation shall be forwarded to the City Council for consideration. The City Council retains sole and absolute discretion to approve or deny the establishment of any sister city relationship.
3. In evaluating a request to establish a new Sister City relationship, the Sister City Committee shall consider the following criteria:
a. Eligibility and Compliance with Policy Requirements: The requesting organization meets all eligibility requirements set forth in this Policy, including nonprofit or taxexempt status, demonstrated connection to the City of Artesia, membership composition, and submission of required documentation.
b. Justification for the Proposed Relationship: The letter of request clearly articulates the rationale for selecting the proposed city and the proposed relationship demonstrates cultural, historical, educational, economic, or civic relevance to the City of Artesia and its residents.
c. Reciprocity and City Commitment: A reciprocal letter of request clearly articulates the rationale for selecting the proposed city.
d. Organizational Capacity: The sponsoring organization demonstrates the capacity to 6 manage and sustain the Sister City relationship without reliance on City Staff or financial resources unless otherwise authorized by the City Council. e. Alignment with Goals: The proposal supports one or more of the Sister City goals identified in the Policy, including cultural exchange, international friendship, educational opportunities, and potential economic or professional collaboration.
4. APPROVAL OF POLICY:
This Policy was approved by the Artesia City Council by Resolution No. 26-3077 on March 9, 2026, and became effective immediately thereon.