D. Application Procedure:
1. Requests for naming and / or changing the name of a City Facility shall be gin by being submitted to the C EO’s o ffice in writing on the City’s Facility Naming Application Form. If the proposed Facility is in recognition of a person or organization, the applicant is required to provide clear evidence that the person or organization to be honored has made a significant and lasting contribution to the betterment of the City of Baldwin Park.
2. All submittals, whether from an individual, organization or City staff, must include the name and address of the submitter. No anonymous submittals will be accepted.
3. Upon receipt of the application, the CEO or his / her designee shall review the application. If the proposed Facility to be named / renamed is connected or associated with a park, the CEO or his / her designee shall provide the Facility Naming Application Form to the Director of Recreation and Community Services for public input & review. The Recreation Commission shall assist in the process, and then and render a recommendation to the City Council regarding the proposed name / rename.
4. Following that review, the CEO or his / her designee shall place the proposed facility naming / renaming item on a future City Council agenda for formal review and consideration by the City Council. If the request is denie d by the City Council, no further action is taken. If the City Council approves the request, staff shall be directed to go forward with implementing the naming of the Facility. The steps taken to implement the request will be developed as an internal City process. The decision of the City Council will be final.
STAFF REPORT
ITEM NO. 10
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
Rose Tam, Director of Finance
DATE: December 6, 2023
SUBJECT: Funding Assistance For the Baldwin Park Eastside Little League Youth Organization- To Reopen Following Temporary Closure Due to Covid-19 Impacts
SUMMARY
Eastside Little League (ELL) operations were severely impacted at the onset of the Covid -19 pandemic in April 2020 and ultimately suspended for the 2020 season and the following two years 2021 and 2022. Through much volunteer effort, ELL is resuming operations in the upcoming 2024 season and has requested financial assistance from the City. City Council directed Staff to present a funding recommendation.
RECOMMENDATION
It is recommended that the City Council:
1. Find that it is in the City’s best interest to provide financial support to the Baldwin Park Eastside Little League to resume operations and provide valuable youth sports services to our community.
2. Authorize the Director of Finance to appropriate $13,000 from anticipated potential savings from the America Rescue Plan Act (ARPA) Funds, Account No. 275-50-755-58100-55026, allocated to the Toilet Replacement Program, and to make necessary funding adjustments.
3. Authorize the Chief Executive Officer and the Director of Finance to issue a check to Eastside Little League for the amount of $13,000.
4. Authorize the Chief Executive Officer to make any technical adjustments to carry out the direction of the City Council.
FISCAL IMPACT
There is no additional fiscal impact in as much as the proposed funding will be reprogrammed from an already funded program. The Toilet Replacement Program was appropriated $600,000 of ARPA Funds. As of November 28, 2023, $89,000 have been expended with an additional $27,300 subscribed. While the program will run thru the end of December 2024, the reduction in funding is minimal and will be absorbed by making minor program adjustments.
BACKGROUND
The impact on ELL at the onset of the Covid 19 Pandemic was so devastating that they were compelled to suspend operations right as their Spring 2020 season was getting underway. Player registration fees were fully refunded, fund-raising activities were stopped, and all games were cancelled for the 2020, 2021, and 2022 seasons.
At the City Council meeting of November 15, 2023, ELL President Cecelia Bernal provided testimony during the public comments segment about the resolve of the ELL Board, coaches, parents, volunteers, and the players to
resume play for this upcoming Spring 2024 season, while also acknowledging the financial challenges of ELL as they have zero cash reserves and are facing difficulties with acquiring some of the most critical components such as equipment. Ms Bernal further made a request to the City Council for the City to provide ELL financial assistance if possible. City Council directed Staff to consider ELL’s request and present the City Council with a recommendation.
DISCUSSION
ELL is a volunteer-driven and managed non-profit youth sports organization, a critical element is our City’s youth development fabric. As many as 300 kids and as many as 14 teams have enrolled in a single season when it was active in three sports categories: T-Ball, baseball, and softball. ELL is hosted at Vineland Elementary School on 3609 Vineland Avenue, Baldwin Park, CA 91706.
Youth Development is one of the City Council’s priorities. ELL is a committed partner in such endeavor by mobilizing, activating, and organizing dozens of volunteers in the running of the league for th e benefit of our City’s youth. It is in the City’s interest to help ELL be successful in achieving their mission as they recover from the Covid-19 Pandemic. Utilizing ARPA funds in providing the financial assistance is an optimal nexus.
Attached is a table showing ELL’s proposed budget for 2024 season, with an itemization of cost elements. The recommended $13,000 in financial assistance will defray the cost for the following items:
Balls (T-Balls, baseballs, softballs) ---------- $4,000 Equipment---------------------------------------- $4,000 Trophies and Awards--------------------------- $ 5,000
Total --------------------------------------------- $13,000
LEGAL REVIEW
Report has been reviewed by the City Attorney.
ATTACHMENTS
1. Eastside Little League 2024 Proposed Budget
ITEM COST
Athletic Field Marker/Chalk 700.00$
Back Stop 400.00$
Balls, Tballs, Baseball, Softball 4,000.00$
Banners 400.00$
Bases 2 sets Minor/Major Fields 1,200.00$
Blue Bin Roof Repair 500.00$
CA Secretary of State 501©(3) 25.00$
Charter (15 teams @ $30 ea.) 450.00$
Crock Pots (3) 150.00$
District 19 Assessment Fees 1,800.00$
Domain 35.00$
Edger 400.00$
Equipment 4,000.00$
Flag Pole Rope 40.00$
Flyers 1,000.00$
Fryer (2) 650.00$
Gasoline 200.00$
Grill 600.00$
Hats 300.00$
Infield Dry Line Chalker x 2 550.00$
Insurance 2,800.00$
Lawn Mover 500.00$
Locks 200.00$
Logo 120.00$
Medals 500.00$
Misc Office Supplies 200.00$
Paint 200.00$
Permits 500.00$
PO Box (12 mos.) 176.00$
Printer & Paper 200.00$
Printer Ink 40.00$
Quad 1,500.00$
Refrigerator for Snackbar 500.00$
Score Keeping Ladder Repair 300.00$
Score Keeping Room Security 600.00$
Snack Bar Repairs 2,000.00$
Snack Bar Roof 500.00$
Snackbar Cash Register 400.00$
Snackbar Utensils 200.00$
Sweatshirts 500.00$
T-Shirts 500.00$
Taxes 850.00$
Tees for T-Ball 250.00$
Trophies 5,000.00$
Umpires 9,000.00$
USA Flag 26.00$
Total 44,962.00$
Baldwin Park Eastside Little League
2024 Budget
STAFF REPORT
ITEM NO. 11
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
Nick Baldwin, AICP, City Planner
DATE: December 6, 2023
SUBJECT: Adoption of Resolution No. 2023-039 to Approve Commercial Cannabis Agreement No. 23- 03 and Cannabis Permit
Application No. 23-02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535- 024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02).
SUMMARY
On or about May 19, 2023, the City of Baldwin Park (“City”) received a Cannabis Permit Application-Ownership Amendment (“Application”) from Green Health Industries, LLC, a California limited liability company (“Applicant”), requesting to amend the ownership parties of the existing cannabis cultivation and manufacturing facility at 13460 Brooks Drive, Baldwin Park, CA; APN 8535-024-018 (“Site”). After review of the Application, Staff recommends that the City Council consider and approve proposed Commercial C annabis Agreement (“CCA”) No. 23 -03 between the City and Applicant to approve the amended ownership parties of the existing cannabis cultivation and manufacturing facility at the Site, which is located within the I, Industrial Zone.
Per Section 127.08(A) of the BPMC, An owner who obtains a permit under this chapter may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the commercial cannabis production activity covered by any permit issued under this chapter without a written request deemed appropriate by Chief Executive Office of the city, or his/her designees, and City Council approved, fully executed and effective development agreement. This proposal is before the City Council in compliance with this requirement.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2023- 039 approving Commercial Cannabis Agreement No. 23 -03 and Cannabis Permit Application No. 23- 02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535-024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23- 03 for CAN 23- 02).
FISCAL IMPACT
The CCA has a financial component which provides a positive fiscal impact to the City.
DISCUSSION
In 2017, the Applicant submitted Cannabis Permit Application No. 17- 31 to operate a cannabis cultivation and manufacturing facility at the Site and received approval upon execution of a Development Agreement (DA 18- 15) associated with the use. The business has been successfully operating since that time. The business operates within a two -story, industrial building with 16,255 square -feet of floor area dedicated to cultiv ation and manufacturing.
Before the business was approved to operate in 2017, the City found that the proposal was in compliance with the requirements set forth in the City’s Commercial Cannabis Ordinance (Chapter 127 of the BPMC) (See Exhibit C, CAN 17-31 Development Agreement, Application, and Ordinance).
The proposal is to amend the ownership parties that make up the limited liability corporation made up of several ownership members. Some existing members will be removed and some new members will be added and the new membership make up will consist of 11 members, none of whom will own a stake greater than 20%. Per City requirements, all owners of a cannabis business must go through background checks administered by the Baldwin Park Police Department . The Police Department verified that all proposed partners of the ownership entity passed review and met the established criteria. The amendment to the ownership parties is the only change proposed and the business operations will remain unchanged from their current condition.
The existing business currently operates under a Development Agreement dated April 12, 2018 (“D.A.”), with the City. The City has invited the Applicant to replace that D.A., with a Commercial Cannabis Agreement (“CCA”), which is the new method by which the City sets terms and conditions with commercial cannabis operators and is intended to be fair and equitable to all operators engaged in commercial cannabis activity in the City. The Applicant agreed to this replacement and has consented to enter into a CCA (attached hereto as Exhibit B). The formal action to remove the DA requires actions at public hearings from the Planning Commission and the City Council and will occur at the upcoming meetings for those bodies in late January/ early February 2024. All outstanding fees owed to the City by the Applicant that required under the D.A. have been paid.
Upon submittal of the Application, the Applicant paid one -time fees for the Cannabis Permit Application and background checks in the amount of $18,196.93. Pursuant to the CCA, the Applicant also agreed to pay the City $250,000, as the Annual Public Benefi t Fee, which is subject to reassessment after five (5) years, provided the CCA is renewed as set forth therein.
CEQA REVIEW
In accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 23- 03 and CAN 23- 02 will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, ‘existing facilities.’ Furthermore, the proposed facility is within an existing industrial building, which is in conformity with the City Planning and Land Use requirements, as set forth in the BPMC.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney, and Special Counsel, Commercial Cannabis Activity, as to legal form and content.
ATTACHMENTS
1. Resolution No. 2023-039
2. Commercial Cannabis Agreement, CCA 23-03
3. CAN 17-31 Development Agreement, Application, and Ordinance
4. Exhibit D, Vicinity Map
RESOLUTION NO. 2023-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT 23 -03
AND CANNABIS PERMIT APPLICATION NO. 23 -02 TO AMEND THE
OWNERSHIP PARTIES OF THE EXISTING CANNABIS CULTIVATION
AND MANUFACTURING FACILITY WITHIN THE “I,” INDUSTRIAL ZONE (LOCATION: 13460 BROOKS DRIVE ; APN: 8535-024-018);
APPLICANT: GREEN HEALTH INDUSTRIES , LLC. , CASE NUMBER:
CCA 23-03 FOR CAN 23-02).
WHEREAS, Green Health Industries, LLC, a California limited a liability company, (“Applicant”), sub mitted a Cannabis Permit Application (CAN 23 -02) on May 19, 2023 (“Application”), to the City of Baldwin Park (“City”) to amend the ownership parties of the existing cannabis cultivation and manufacturing facility within the Industrial (I) zone at 13460 Brooks Drive, Baldwin Park, CA; APN 8535 -024-018 (“Site”), pursuant to Chapter 127 of the City of Baldwin Park Municipal Code (“BPMC”); and
WHEREAS, Section 127.08(A) of the BPMC specifies that an owner who obtains a permit under this chapter may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the commercial cannabis production activity covered by any permit issued under this chapter without a written request deemed appropriate by Chief Executive Office of the City, or his/her designees, and City Council approved, fully executed and effective development agreement; and
WHEREAS, The City Attorney confirmed that a Commercial Cannabis Agreement (CCA) can replace an existing development agreement and serve the same purpose as specified in Section 127.08(A) of the BPMC; and
WHEREAS, a CCA, attached as Exhibit B, was negotiated by and between the City and Applicant, and their respective counsel, which terms and conditions were mutually agreed upon; and
WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis cultivation and manufacturing facility, which include, but are not limited to, payment of community benefit fees, and other fees as mutually agreed upon, automatic termination for non -payment of fees, approval of architectural plans (including site plan, floor plan and elevations ) to conform with the requirements of the BPMC, and other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City , as authorized in Chapter 127 of the BPMC; and
WHEREAS, In accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 23 -03 and CAN Resolution 2023-039
23-02 will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, ‘existing facilities.’ Furthermore, the proposed facility is within an existing industrial building, which is in conformity with the City Planning and Land Use requirements, as set forth in the BPMC.
NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS:
SECTION 1. The existing commercial cannabis cultivation and manufacturing facility (collectively, “Project”) that is located at the Site, which is located in the Industrial (I) Zone , is subject to the terms define d in Chapter 127 of the BPMC and will remain unchanged. The proposal is to amend the ownership parties of the business, which requires approval by the City Council per Section 127.08(A) of the BPMC. Th is Project, with the approved amendment of the ownership parties, is consistent with the purpose and intent of the BPMC, the Industrial Zone and the General Plan land use designation.
SECTION 2. The City Council does hereby adopt the Findings of Fact applicable to all Commercial Cannabis Permittees:
1) The CCA is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement.
Because the location of the Project is located within the I, Industrial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area.
The a pproval of the Project is also consistent with Goal 1.0 of the City’s Economic Development Element in the General Plan in that the City encourages and facilitates activities that expand the City’s revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City’s diverse industrial b ase. Policy 6.5 of Goal 6.0 encourages an on -going campaign with local businesses to hire local residents. The amendment of the ownership parties of the business will have no impact on the business operations.
2) The CCA is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.
Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1501 allowing commercial cannabis retail) commercial cannabis activity is allowed within the City provided all of the development standards in Chapter 127 of the City’s Municipal Code are met.
3) The CCA i s in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.
Resolution 2023-039
The CCA is in conformance with the general area and City as a whole as it is located within the I, Industrial Zone surrounded by industrial uses. The use exceeds the distance requirement of fifty (50) feet between commercial cannabis activity and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the BPMC, the commercial cannabis activity is not near any sensitive uses such as schools, day care centers, parks or youth centers.
4) The CCA has been freely negotiated between the Applicant and the City, and their respective counsel; the Applicant has agreed that there is no inequality in bargaining power and the CCA is not ambiguous. The Applicant has capacity to read and understand the CCA and has read and understands the terms and conditions therein. The Applicant acknowledges that the CCA is valid and fully enforceable according to its terms.
SECTION 3. Staff recommends that the City Council approve the proposed CCA for the proposed commercial cannabis cultivation and manufacturing facility, pursuant to the Findings of Fact for CCA 23-03 identified in Section 2 of this Resolution; and
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Resolution 2023-039
PASSED AND APPROVED this 6th day of December 2023.
______________________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, Christopher Saenz City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 202 3-039 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 6th day of December, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Christopher Saenz
CITY CLERK
______________________________________________________________________
COMMERCIAL CANNABIS AGREEMENT
by and between
CITY OF BALDWIN PARK
and
GREEN HEALTH INDUSTRIES, LLC,
Relating to
Commercial Cannabis Activity – Cultivation and Manufacturing
______________________________________________________________________
COMMERCIAL CANNABIS AGREEMENT
ARTICLE 1. PARTIES AND DATE.
This Commercial Cannabis Agreement dated December ___, 202 3 is Case No. ____________. This Agreement is entered into between (i) the CITY OF BALDWIN PARK ("CITY"), a California municipal corporation, and (ii) Green Health Industries, LLC, California limited liability company ("LICENSEE") ("AGREEMENT"). This AGREEMENT shall become effective on the Effective Date defined in Section 3.1.17 below.
ARTICLE 2. RECITALS.
WHEREAS, on or about May 2, 2018, the CITY approved a Statutory Development Agreement, which replaced a non -statutory Development Agreement, with LICENSEE (collectively, “Development Agreement”).
WHEREAS, pursuant to the Development Agreement, LICENSEE currently conducts commercial cannabis activity in the CITY pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; specifically cultivation (adult- use-small-indoor) and manufacturing (Tyle 6 non-volatile solvent extraction); WHEREAS, the CITY seeks to enter into a Commercial Cannabis Agreement with LICENSEE, which shall replace the Development Agreement for the LICENSEE to continue to conduct commercial cannabis activity in the CITY;
WHEREAS, LICENSEE has demonstrated to the CITY that is continues to have legal and/or equitable interest in the subject real property for the continued operation of commercial cannabis activity in the CITY;
WHEREAS, LICENSEE voluntarily enters into this AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the CITY, LICENSEE has elected to execute this AGREEMENT as it provides LICENSEE with important economic and development benefits;
WHEREAS, this AGREEMENT and the Project, as defined herein, are consistent with the CITY's General Plan and Zoning Code and applicable provisions of the CITY's applicable Zoning Map and the Baldwin Park Municipal Code as of the AGREEMENT; WHEREAS, this AGREEMENT shall be subject to City Council approval pursuant to a duly noticed agenda;
WHEREAS, all actions taken, and approvals given by the CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters;
WHEREAS, this AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; WHEREAS, in an effort to implement state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the
economic risk of development, the CITY deems the approval of this AGREEMENT to be in the public interest and intends that the approval of this AGREEMENT be considered an exercise of the CITY's police powers to regulate the development of the Property, as d efined herein, during the Term of this AGREEMENT;
WHEREAS, this AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the CITY and the surrounding region and the CITY has specifically considered and approved the impact and benefits of the development of the Property, as defined herein, in accordance with this AGREEMENT upon the general welfare of the region; WHEREAS, concurrently with execution of this AGREEMENT, CITY acknowledges that LICENSEE has been authorized to conduct commercial cannabis activity at its facility up to 19,100 square feet of Premises (as defined in California Code of Regulations, Section 15006); WHEREAS, LICENSEE’s location will be 13460 Brooks Drive, Baldwin Park, CA 91706 as more fully described in Attachment No. 1, herein; and WHEREAS, this AGREEMENT has been freely negotiated between the LICENSEE and the CITY. The LICENSEE and the CITY agree that there is no inequality in bargaining power and that the AGREEMENT is not ambiguous. The LICENSEE has the capacity to read and understand this AGREEMENT and has read and understands the terms and conditions herein.
The LICENSEE and the CITY acknowledge that this AGREEMENT is valid and fully enforceable according to its terms.
WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into this AGREEMENT do exist, have happened and have been performed in due time, form and manner as required by law, and the parties hereto are duly authorized to execute and enter into this AGREEMENT.
NOW, THEREFORE, in consideration of the promises, covenants, agreements, and understandings set forth herein, the parties agree as follows:
ARTICLE 3. GENERAL TERMS.
Definitions and Exhibits. The following terms when used in this AGREEMENT shall be defined as follows:
3.1 "Agreement" means this Commercial Cannabis Agreement.
3.2 “Application” means the CITY’s Commercial Cannabis Permit Application submitted by LICENSEE in furtherance of this AGREEMENT, upon which the CITY has relied upon in executing same, a copy of which is attached hereto as Attachment No. 3.
3.3 “BPMC” means Baldwin Park Municipal Code.
3.4 “California Cannabis Laws” means MAUCRSA, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to “MAUCRSA”, as such laws and regulations may be amended from time to time.
3.5 “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture , salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health & Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this agreement, “cannabis” does not mean industrial hemp as that term is defined by Section 81000 of the California Food & Agricultural Code or Section 11018.5 of the California Health & Safety Code.
3.6 “Cannabis Product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
3.7 “Certificate of Occupancy” (COO) means a document issued by the CITY stating that the Property is suitable for use and occupancy for Commercial Cannabis Activity, as defined herein, by the LICENSEE, that it is considered compliant with the building code and safety standards imposed by the CITY, and that the State has issued a commercial cannabis license to the LICENSEE to operate on the Property.
3.8 "CITY" means the CITY of Baldwin Park, a California municipal corporation.
3.9 "Commercial Cannabis Activity" has the same meaning as that term is defined under MAUCRSA and includes any legal use under MAUCRSA and the BPMC, including without limitation, cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and Cannabis Products as regulated under Chapter 5.18 of the BPMC.
3.10 "Commercial Cannabis Business License" or “License” means a regulatory license issued by the CITY pursuant to Chapter 127, et al., of the BPMC to a commercial cannabis business and is required before any Commercial Cannabis Activity may be conducted in the CITY and has the same meaning as that term is defined by the California Business and Professions Code§ 26001(k).
3.11 “Community Benefits” has the meaning set forth in Article 5, of this AGREEMENT.
3.12 “Community Benefit Fees” means any and all fees or monetary contributions required to be paid by Licensee, or which Licensee has committed to pay, pursuant to Article 5 of this AGREEMENT.
3.13 “Days" mean calendar days unless otherwise specified.
3.14 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security, if necessary, for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping.
3.15 "Effective Date" means the day this AGREEMENT is approved and adopted by the City Council of the CITY and signed by the Mayor of the CITY, or his designee.
3.16 "Existing Project Approvals" if applicable, means all Project Approvals granted or issued prior to or on the Effective Date. Existing Project Approvals include the approvals set forth in Section 3.27 and all other approvals which are a matter of public rec ord prior to or on the Effective Date.
3.17 "Existing Land Use Regulations" if and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals.
3.18 “Landlord Consent” if applicable, means that the fee simple absolute owner (“Property Owner”) has granted the LICENSEE with written authorization to use the Property for commercial cannabis operations. The Property Owner shall execute a separate Property Maintenance Agreement confirming it understands it obligations to lease to a commercial cannabis operator in the CITY.
3.19 “Land Use Regulations" if and where applicable, means all ordinances, resolutions, codes, policies and procedures, adopted by the CITY governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivi sion requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property.
3.20 “Licensee” has the meaning set forth in the preamble of this AGREEMENT, above.
A person who has been issued a commercial cannabis business permit by the CITY, under this chapter for a licensed premise.
3.21 “Licensee’s Application” means the application submitted by Licensee to conduct a Commercial Cannabis Business at the Property.
3.22 Major Amendment” means an amendment that shall have material effect on the terms of this AGREEMENT, which shall require approval by the City Council pursuant to California law.
3.23. “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, codified as Business and Professions Code Section 26000 et seq., as may be amended from time to time.
3.24 “Medicinal” with regard to cannabis or cannabis products means cannabis or Cannabis Products, respectively, intended to be sold or used for medicinal purposes as set forth in MAUCRSA.
3.25. “Minor Amendment” means a clerical amendment to this AGREEMENT that shall not materially affect the terms of this AGREEMENT and is subject to approval by the Chief Executive Officer.
3.26 “Mortgagee" if applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender and its successors-in interest.
3.27 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the */ CITY's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the CITY.
3.28 "Project" means the development of the Property contemplated by this AGREEMENT, as such Project may be further defined, enhanced, or modified pursuant to the provisions of this AGREEMENT. The Project shall consist of this AGREEMENT, the Application, any and all entitlements, licenses, and permits related to the Project.
3.29 "Project Approvals" if applicable, means all other entitlements for the development of the Property in furtherance of the Project, including any and all conditions of approval, subject to approval or issuance by the CITY in connection with Project. "Projec t Approvals" also include both the Existing Project Approvals and the Subsequent Project Approvals approved or issued by the CITY that are consistent with this AGREEMENT.
3.30 "Project Development" if applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and comple tion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this AGREEMENT on the Property.
3.31 “Project Plan" if applicable, means the Project Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Project Approvals.
3.32 "Property" means the real property commonly known as and identified in Attachment No. 1, herein ( common address, APN, and legal description of the Property), which is incorporated by this reference. LICENSEE may modify the location or locations , change locations, or add locations to the Property subject to approval by the City Council of the CITY approval and all applicable zoning and distance requirements.
3.33 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objective of the AGREEMENT.
3.34 “Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to LICENSEE under this AGREEMENT and reserved to the CITY as described in Section 4.4, herein.
3.35 "Space or Canopy Space" means any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre-flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for s toring any cannabis, no matter where such storage may take place or such storage space may be located.
3.36 “State” means, collectively, the State of California and the Department of Cannabis Control of the State.
3.37 "Subsequent Project Approvals" if applicable, means all future discretionary approvals and all ministerial Project Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Project Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment, or street improvement permits, o ccupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient, or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as LICENSEE may choose consistent with the Project and this AGREEMENT.
3.38 "Subsequent Land Use Regulations" if applicable, means any Land Use Regulations defined in Section 3.19, herein, that are adopted and effective after the Effective Date of this AGREEMENT.
3.39 Binding Effect of AGREEMENT . The Property is hereby subject to terms and conditions of this AGREEMENT. Subject to LICENSEE's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this AGREEMENT, be carried out only in accordance with the terms of this AGREEMENT.
3.40 Ownership of Property; Landlord Consent. LICENSEE represents and covenants that it has a legal or equitable interest in the Property, as defined herein. In the event that LICENSEE is not the fee simple absolute owner of the Property, LICENSEE shall provide CITY with Landlord Consent. Owner shall execute the Property Owner Agreement with the CITY.
3.41 Term. The parties agree that the Term of this AGREEMENT shall be five (5) years commencing on the Effective Date subject to the written extension and early termination provisions described in this AGREEMENT. Upon termination of this AGREEMENT, this AGREEMENT shall be deemed terminated and of no further force and effect, except terms t hat are expressly stated in this AGREEMENT to survive termination without the need of further documentation from the parties hereto. The LICENSE will expire at the close of the 5 th year and will require the LICENSEE to reapply with the CITY for a new LICENSE pursuant to the renewal provisions set forth below:
3.41.1 AGREEMENT Renewal . The Chief Executive Officer (CEO) shall determine whether to renew the AGREEMENT for an additional five (5) years. The CEO shall use the CCA Checklist, attached hereto and incorporated by reference, to determine renewal of
the AGREEMENT. If the CEO determines to renew, the AGREEMENT shall be forwarded to the City Council for formal approval as a consent calendar item.
3.41.2. Non-Renewal of AGREEMENT/Cure Period. If the CEO determines not to renew the AGREEMENT; he/she shall provide the LICENSEE with ability to remedy and/or cure the deficiencies set forth in the CCA Checklist, attached hereto, to be cured within sixty (60) days from date of written notice of Non -Renewal from the CEO to the LICENSEE. If the LICENSEE does not cure within the sixty (60) day period, the AGREEMENT shall not be renewed.
3.41.3. Appeal to the City Council. The LICENSEE shall appeal any Non-Renewal of AGREEMENT of the CEO to the City Council, within sixty (60) days from written notice of Non- Renewal. The decision of the City Council re Non -Renewal of AGREEMENT shall be final and binding.
3.42 Extension of Term . This AGREEMENT may only be extended by mutual agreement of CITY and LICENSEE in writing, following approval by the City Council, and signed by Mayor and the LICENSEE. If the City Council does not approve such an extension, any such agreement is null and void.
3.43 Automatic Termination. This AGREEMENT shall automatically terminate upon the happening of any of the following material events:
(a) Abandonment and/or Surrender by LICENSEE of State and/or CITY License that abandons and/or surrenders the License to operate a commercial cannabis activity in the CITY.
In the event of abandonment and/or surrender of License by LICENSEE, LICENSEE shall pay all fees due and payable to the CITY, up to date of abandonment and/or surrender.
(b) Expiration of the Term of this AGREEMENT as set forth in Section 3.5, herein, unless it is Renewed, as set forth in Section 3.41.1, herein.
(c) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the CITY is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal.
(d) Failure of LICENSEE to timely pay any fees or monies due to the CITY; failure to timely pay the Administrative Fee as set forth in Section 5.7, herein; f ailure to pay the Annual Community Benefit Fee as set forth in Section 5.3, herein. If fees are not paid on a timely basis, the CITY may, in its sole and absolute discretion, terminate this AGREEMENT without any need for a public hearing and without any opportunity to be heard by anyone. There is no opportunity to cure and no opportunity to be heard available for failure to pay fees as set forth herein. Accordingly, Article 8 "Defaults and Remedies" and Section 7.3 (Review Hearing) do not apply to LICENSEE for failure to pay fees as set forth herein, because the CITY may, in its sole and absolute discretion, terminate immediately and automatically, without due process.
(e) Failure to move forward in a timely way and in good faith to obtain all necessary permits and approvals and to timely get a Certificate of Occupancy (COO) and begin operating your commercial cannabis activity in the CITY. In no event shall the COO take longer than one (1) year to acquire from the date the Mayor signs this AGREEMENT. If the COO is not acquired by LICENSEE within the one (1) as described in this section, this AGREEMENT may, in its sole and
absolute discretion, automatically and immediately terminated with no further notice. Accordingly, Article 8 "Defaults and Remedies" and Section 7.3 (Review Hearing) do not apply to a failure to timely obtain all necessary permits and approvals in order to get a COO because the City may, in its sole and absolute discretion, terminate immediately and automatically for such failures.
(f) Regulatory and/or Bureaucratic Delays will not trigger the automatic termination in this Section 3.43.
3.44 Effect of Automatic Termination. The Automatic Termination of this AGREEMENT (as set forth in section 3.43, above) shall constitute termination of all land use entitlements, certificates, and the business license approved for the LICENSEE and/or the Property. The CITY may, in its sole and absolute discretion, “red tag” the subject premises and LICENSEE shall be prohibited from conducting any further commercial cannabis activity in the CITY on the subject premises. Upon the termination of this AGREEMENT pursuant to Section 3.4 3, no party shall have any further right or obligation hereunder except with respect to any obligat ion to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this AGREEMENT, which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this AGREEMENT.
3.45. CITY shall immediately notify the State of California, Department of Commercial Cannabis Control (DCC), and any other applicable regulatory agency(ies) of any termination of this AGREEMENT.
3.46 Notices.
3.46.1 Notice Defined. As used in this AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder.
3.46.2 Written Notice and Delivery . All notices shall be in writing and shall be considered given:
(i) when delivered in person to the recipient named below; or three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or
(ii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or
(ii) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows:
If to the CITY: Chief Executive Officer
14403 E. Pacific Avenue
Baldwin Park, CA 91706
With copy to:
Office of the City Attorney
14403 E. Pacific Avenue
Baldwin Park, CA 91706
If to LICENSEE:
Green Health Industries, LLC
13460 Brooks Drive
Baldwin Park, CA 91706
with copy to:
Eduardo Olivo
General Counsel
13191 Crossroads Parkway, North
Suite 340
Industry, CA 91746
3.46.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
3.47 Validity of this AGREEMENT . LICENSEE and the CITY each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this AGREEMENT violates federal or state law, with respect to all federal, state, and local statutes, or dinances, or regulations in effect as of the Effective Date.
3.48 Fee. Fee means the Community Benefits Fee and the Administrative Fee, set by the CITY, negotiated with LICENSEE, at arms-length, to provide CITY commensurate benefit based on a private benefit conferred upon LICENSEE. Fee shall include CITY’s cost to research commercial cannabis and commercial cannabis laws and regulations, draft commercial cannabis ordinance, conduct public meeti ngs, negotiate development agreements, process applications, and any other acts taken by the CITY in furtherance of medica l and adult commercial use of cannabis.
3.49 Commercial Cannabis Banking. The CITY will not accept cash payments for any fees or costs associated with this AGREEMENT. LICENSEE shall establish a banking relationship with a bank that allows for payments to the CITY via company check, cashier’s check, or money order. Alternatively, LICENSEE, may wire funds and/or ACH directly to the CITY.
3.50 Documents Attached . The following documents are attached to and, by this reference, are made part of this AGREEMENT:
No. 1 – Legal Description of the Property and/or Properties.
No. 2 – Map showing Property and its or their location(s).
No. 3 – CITY Cannabis Permit Application Form (no attachments required).
No. 4 – Landlord Consent, see separate Property Owner Agreement.
No. 5 – Personal Guaranty or Performance Bond, as appropriate.
No. 6 -- Project Plan.
No. 7 –Three years revenue projections from date of execution of AGREEMENT.
No. 8 – Community Benefit Plan.
No. 9 – California State License Type (Cultivation-adult, small-indoor, and/or Cultivation- adult use, medium-indoor, and/or Manufacturing-Type 6 (Non-Volatile Solvent Extraction) and/or Type 7 (Volatile Solvent Extraction).
ARTICLE 4. COMMERCIAL CANNABIS PROJECT.
4.1 Right to Develop . LICENSEE shall, subject to the terms of this AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Application. The Property shall remain subject to all Subsequent Project Approvals required to complete the Project as contemplated by the Application.
4.2 Effect of AGREEMENT on Land Use Regulations . Except as otherwise provided by this AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed bu ildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Application. Provided, however, that in approving tentativ e subdivision maps, the CITY may impose ordinary and necessary dedications for rights -of-way or easements for public access, utilities, water, sewers, and drainage, having a nexus with the particular subdivision; provided, further, that the CITY may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of LICENSEE's obligations thereunder.
4.3 Changes to Project. The parties acknowledge that changes to the Project may be appropriate and mutually desirable. The CITY shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Project Approval.
4.4 Reservations of Authority. Any other provision of this AGREEMENT to the contrary notwithstanding, the Project shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics:
(i) Processing Fees imposed by the CITY to cover the estimated or actual costs to the CITY of processing applications for the Project or for monitoring compliance with any requirements for approval, granted or issued, which fees are charged to reimburse the CITY's lawful expenses attributable to such applications, proces sing, permitting, review, and
inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection, or entitlement are granted or conducted by the CITY.
(ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the CITY.
(iv) Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply:
(a) That to the extent possible, such regulations shall be applied and construed so as to provide LICENSEE with the rights and assurances provided in this AGREEMENT.
(b) That such regulations apply uniformly to all new development projects of the same uses within the CITY.
(v) Regulations that do not conflict with the Project. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Project, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of the Project, the maximum height and size of propos ed buildings on the Property, provisions for dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this AGREEMENT, and standards for design, development and construction of the Project; (b) do not prev ent LICENSEE from obtaining any Subsequent Project Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as LICENSEE would otherwise be entitled by the Project; or (c) do not prevent LICENSEE from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as LICENSEE would otherwise be e ntitled to do so by the Development Plan.
(vi) The CITY shall not be prohibited from applying Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the CITY be prohibited from denying or conditionally approving any Subsequent Project Applications on the basis of such Subsequent Land Use Regulations.
4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the CITY possess authority to regulate aspects of the Project, separately from or jointly with the CITY, including, but not limited to the Los Angeles County Health Department, the Los Angeles County Fire Department, and the STATE. This AGREEMENT does not limit the authority of such other public agencies. The CITY shall reasonably cooperate with such other public agencies processing Project Approvals.
4.6 Tentative Subdivision Map and Project Approvals Lifespan . The term of any tentative subdivision map shall be in effect for a period of fi ve (5) years and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.), and any AGREEMENT Renewal, as set forth herein. All Project Approvals shall not expire if LICENSEE commences Substantial Construction of the Project within one (1) year from the Effective Date of this AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project.
4.7 Satisfaction of Conditions of Approval . LICENSEE shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the CITY.
4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, LICENSEE shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this AGREEMENT.
4.9 CITY Records Inspection. LICENSEE acknowledges and agrees that the CITY is empowered to examine LICENSEE's books and records. The CITY has the power and authority to examine such books and records at any reasonable time, with seventy-two (72) hours written notice, including but not limited to, during normal business hours; provided however, that should the CITY elect to examine LICENSEE’s books and records more than one (1) time per calendar year, LICENSEE shall only bear the co sts of such review in the initial instance, and the costs of any subsequent examination(s) shall be borne solely by the CITY. CITY shall keep all books and records strictly confidential. If the CITY wishes to inspect the areas of the Property where the commercial cannabis is being cultivated and/or manufactured, CITY may do so at any time with no prior notice to LICENSEE. In addition, CITY agrees that all of its employees or agents which enter the cultivation and/or manufacturing facility shall follow all of the policies and guidelines imposed on LICENSEE's employees, including without limitation, the wearing of any clothing or equipment to ensure that no pests or impurities shall enter the cultivation and/or manufacturing areas.
4.10 Commencement of Project by LICENSEE . Within six (6) months after the execution of this AGREEMENT, LICENSEE shall commence the submittal of applications for and use entitlements, permits, etc. If LICENSEE fails to apply to CITY for entitlements, permits, etc., within six (6) months from the execution of the AGREEMENT, CITY shall have the right to Termination of the AGREEMENT, and may avail itself of any other remedies, as set forth herein.
The CITY, it its sole and absolute discretion, may grant extensions t o the LICENSEE to comply with this subsection, provided the LICENSEE demonstrates a good faith attempt to seek entitlements, permits, etc.
4.11 Audit. LICENSEE acknowledges and agrees that the CITY is empowered to audit LICENSEE's books and records, with written notice of seventy-two (72) hours.
ARTICLE 5. COMMUNITY BENEFITS.
5.1 Intent. The parties acknowledge and agree that the Project will result in substantial public needs and further acknowledge and agree that this AGREEMENT confers substantial private benefits on LICENSEE, which should be balanced by commensurate public benefits.
Accordingly, the parties intend to provide consideration to the community to balance the private benefits conferred on LICENSEE by providing more fully for the satisfaction of the public needs resulting from the Project. The Parties further acknowledge and agree that the LICENSE confers
substantial private benefits on the LICENSEE that will impose burdens on the CITY’s infrastructure, maintenance, repair, safety, services, traffic, noise, pollution, etc., and that the private benefits provided to the LICENSEE should be balanced with comme nsurate public benefits for the community (“Community Benefits”).
5.2 Community Benefits. LICENSEE agrees to provide Community Benefits as set forth in the Community Benefits Plan submit by LICENSEE with the Application. All commitments made by LICENSEE in the Application, inclusive of the Community Benefits Plan are incorporated into this AGREEMENT as if fully set forth in this AGREEMENT Attachment 8. The LICENSEE agrees that the Community Benefits Fee, which has been set by the City Council, is deemed fair and reasonable, and that full p ayment of such fees is required by L ICENSEE under this AGREEMENT.
5.3 Annual Community Benefits Fee. LICENSEE agrees to pay the CITY an annual Community Benefits Fee in the amount of two-hundred fifty thousand dollars ( $250,000.00), based upon 16,255 square feet of the “Premises” as defined in California Code of Regulations Section 15006.
5.4 Community Benefits Fee Schedule . LICENSEE shall commence payment of the Annual Community Benefits Fee to the CITY six (6) months after issuance of the Certificate of Occupancy from the CITY (COO).
5.5 Non-Payment Penalty. Failure to pay the Annual Community Benefits Fee, in lump sum, or in quarterly installments, as agreed upon, within thirty (30) days after the due date, shall result in a penalty for nonpayment in a sum equal to five percent (5%) of the total amount due and shall be referred to a City -selected independent collection agency, which shall subject LICENSEE to an additional nineteen percent (19%) collection fee.
5.6 Reassessment of Community Benefits Fee . The Community Benefits Fee is subject to reassessment by the CITY every five (5) years, after execution of the AGREEMENT. If this AGREEMENT is renewed, a t the end of year five (5), the CITY will set a new Community Benefits Fee which will be applied in years 6 through 10. At the end of year 10, if th is AGREEMENT is renewed, the CITY will set new Community Benefits Fee which will be applied in years 11 through 15. No one factor is dispositive in the CITY’s determination of reassessment of the Community Benefits Fee.
5.7 Administrative Fee Deposit . [This Licensee paid all regula tory fees in its initial application; Section 5.7 does not apply to this Licensee.] The Administrative Fee is a regulatory fee that LICENSEE shall be responsible for to compensate the CITY for all of the CITY's actual costs associated with processing, issuance, and compliance of the Project Approvals including, but not limited to, staff review of Project entitlements, including all environmental clearance documents, permits, licenses, and all documents evidencing compliance with state and local law, and Consultant and City Attorney Fees. As such, upon submittal of the application to the CITY for Project entitlements, LICENSEE must deposit of __dollars ($_) with the CITY for the purpose of reimbursing the CITY for a ll actual costs associated with the Project, as detailed above , and reimbursing the CITY for its actual costs incurred in processing future Project approvals and/or applications, and compliance by the State or the CITY. CITY and LICENSEE acknowledge and agree that this payment is only a deposit and LICENSEE will be requested to deposit additional funds, as needed, in increments of __ dollars ($_); this is not a cap on the amount of the CITY's actual costs incurred in processing this AGREEMENT. LICENSEE who has already processed
its application is not subject to an additional Administrative Fee Deposit , provided there is no expansion or other alteration to the business that requires staff time.
5.8 Possible Tax on Gross Receipts. In the event that an initiative is adopted by the voters of the CITY to impose a tax based on gross receipts or any other method of taxation, on LICENSEE to conduct commercial cannabis activity in the CITY, LICENSEE shall only be responsible for payment of the Community Benefit Fee or a tax, but not both.
5.9 Project Plan. LICENSEE shall provide a detailed Project Plan if LICENSEE has not already submitted a Project Plan in its Business Plan as part of its CITY Cannabis Permit Application Form.
5.10 Financial Projections. Three (3) years of Financial Projections will be provided with the AGREEMENT. Thereafter annual Financial Projections will be provided on the anniversary of the execution of this Agreement.
5.11 Jobs and Wage Creation.
5.11.1. Local Hiring. LICENSEE agrees to use its reasonable, good faith, efforts to hire qualified CITY residents for jobs at the Project. LICENSEE shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the CITY or who employ a significant number of CITY residents. The LICENSEE shall comply with the living wage requirement for all employees at the commercial cannabis facility. Unions shall be allowed, and LICENSEE shall not discriminate against such union activity.
5.11.2. Wage Creation. LICENSEE shall make good faith efforts to employ at least forty percent (40%) of the Project’s workforce consisting of CITY residents. Such reasonable, good faith efforts shall include without limitation, job announcements shall be posted at C ity Hall, along with proof that the job announcements were advertised in at least two (2) newspapers published, printed, or distributed in the CITY and , is applicable, on various social media sites accessible to the general public. In addition, LICENSEE shall make a good faith effort to advertise job announcem ents at local job fairs and /or on local radio, and another medium to advertise job announcements to the broadest audience possible.
5.11.3 Status Reports. LICENSEE shall provide the CITY with written annual status reports to monitor compliance with this Section 5.10. Status Report Form to be provided by CITY.
5.12 Personal Guaranty. LICENSEE shall execute a Personal Guaranty and/or secure a Performance Bond in favor of the CITY to secure the payment of all Fees associated with this AGREEMENT including, but not limited to, the Community Benefit Fee in the amount of two hundred seventy-five thousand dollars ($275,000.00), which is due and payable within six (6) after issuance of the COO by the CITY.
ARTICLE 6. DISTRIBUTION, SELF-DISTRIBUTION, AND TRANSPORTATION
6.1 Transportation of Commercial Cannabis. Transfers of commercial cannabis goods into and out of the CITY may be completed by a duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC.
6.2 Distribution of Commercial Cannabis. LICENSEE shall distribute its commercial cannabis and commercial Cannabis Products through any duly licensed commercial cannabis distributor in compliance with MAUCRSA.
6.3 Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor’s services, if applicable.
6.4 Self-Distribution. LICENSEE may engage in “Self-Distribution” of Cannabis Products that are cultivated or manufactured on the P roperty for a period of five (5) years , provided LICENSEE pay s an annual fee of ten thousand dollars ($10,000.00) to the CITY in annual installments of two thousand dollars ($2,000.00) , for five (5) years, or one ten thousand dollars ($10,000.00) lump sum payment. LICENSEE shall also maintain current a d istributor transport permit from the State of California and comply with MAUCRSA. A distributor transport only self -distribution licensee is not permitted to transport cannabis goods cultivated or manufactured by other licensees.
ARTICLE 7. REVIEW FOR COMPLIANCE.
7.1 Periodic Review. The CITY Council shall have the option, in its sole and absolute discretion, to direct the Chief Executive Officer to review this AGREEMENT every six (6) months, on or before each anniversary of the Effective Date, in order to ascertain LICENSEE's good faith compliance with this AGREEMENT. During the Periodic Review, LICENSEE shall be required to demonstrate good faith co mpliance with all the terms and conditions of the AGREEMENT including good faith towards getting a Certificate of Occupancy.
7.2 Special Review. The CITY Council, in its sole and absolute discretion, may order a special review of compliance with this AGREEMENT by the Chief Executive Officer, at any time, if the Chief Executive Officer is informed and believes that LICENSEE is in default of any terms and conditions of the AGREEMENT. The CITY may also inspect any Property of the LICENSEE associated with the Project, at any reasonable time without notice. The failure by LICENSEE to allow entry into the Property or Properties, at an y time, shall be deemed a breach of this AGREEMENT and may result in the termination of this AGREEMENT, as originally agreed, or as modified.
7.3 Review Hearing. At the time and place set for the review hearing, before the Chief Executive Officer, LICENSEE shall be given an opportunity to be heard. If the C hief Executive Officer finds, based upon substantial evidence, that LICENSEE has not complied in good faith with the terms or conditions of this AGREEMENT, the C hief Executive Officer may: (a) recommend to the City Council, to terminate this AGREEMENT notwithstanding any other provision of this AGREEMENT to the contrary, or (b) modify this AGREEMENT and impose such conditions as are reasonably necessary to protect the best interests of the CITY, with any Minor Amendment to this AGREEMENT approved by the Ch ief Executive Officer, and any Major Amendment approved by the City Council. After the Review Hearing, the decision of the C hief Executive Officer shall be appealable to the Ci ty Council of the CITY; any City Council decision shall be final, subject only to judicial review.
7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review following a LICENSEE’s default, the Chief Executive Officer determines that LICENSEE is in compliance with this AGREEMENT , the CITY shall issue a Certificate of Agreement Compliance ("Certificate") to LICENSEE stating that after the most recent Periodic Review or
Special Review and based upon the information known or made known to the C hief Executive Officer, that (a) this AGREEMENT is reinstated in full force and effect and (b) LICENSEE is not in default. The CITY shall not be bound by a Certificate if a default existed at the time of the Periodic Review or the Special Review, but was not disclosed, concealed, or otherwise not known to the City Council of the CITY, regardless of whether the Certificate is relied upon by assignees or other transferees or LICENSEE.
7.5 Failure to Conduct Review . The CITY's delay or failure to conduct a Periodic Review or a Special Review of this AGREEMENT shall not constitute a breach of this AGREEMENT.
7.6 Cost of Review . The costs incurred by CITY in connection with the Periodic Reviews or Special Review shall be borne by the CITY. The LICENSEE is not liable for any costs associated with any CITY Periodic Review or Special Review of this AGREEMENT.
ARTICLE 8. EVENTS OF DEFAULT.
8.1 Material Breach of this AGREEMENT . Any of the following events shall be deemed an Event of Default and a material breach of this AGREEMENT:
8.1.1 Final Judgment. The entry of a final judgment (or a decision on any appeal therefrom) voiding the CITY's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the CITY is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal.
8.1.2 Payment of Fees. Failure to timely pay any fees to the CITY, as determined by the CITY in its sole and absolute discretion.
8.1.3 Land use entitlements, permits. Failure to apply for land use entitlements, permits, with the CITY and the State of California, Department of Cannabis Control, within six (6) months after execution of this AGREEMENT. The CITY will grant extensions upon written request and proof of progress in seeking entitlements, permits, etc.
8.1.4 Certificate of Occupancy. Failure to move forward in good faith to obtain a Certificate of Occupancy (COO).
8.1.5 Cure Period . In the event of any material breach of this AGREEMENT, the CITY shall mail a notice to LICENSEE, offering an opportunity to cure the breach, within sixty (60) days. Proof of the cure of the event MUST be presented within the sixty (60) days to CITY; provided however, that if such material breach is capable of being cured but is of such a nature that it cannot be cured within said time period, then the CITY shall not be entitled to terminate this AGREEMENT so long as LICENSEE is working diligently and in good faith to cure such breach, as determined by CITY , in its sole and absolute discretion. Failure to cure a material breach within the terms set forth herein, shall be grounds for Termination as set herein. LICENSEE shall only be entitled to ten (10) day cure period for Automatic Termination as set forth in Section 3.43 (a), herein.
ARTICLE 9. REMEDIES.
9.1 Remedies in General. It is acknowledged by the parties that the CITY would not have entered into this AGREEMENT if it were to be liable in damages with respect to this AGREEMENT or the Application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure, or delay by either party to perform any term or provision of this AGREEMENT shall constitute a default.
9.2 Event of Default. In the event of alleged default or breach of any terms or conditions of this AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner i n which said default may be satisfactorily cured during any such sixty (60) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings except for the events detailed in s ection 3.43, above, wherein a ten (10) day notice to cure is required.
9.3 Legal or Equitable; Monetary Damages. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this AGREEMENT through any state court, except that the CITY shall not be liable in monetary damages, unless expressly provided for in this AGREEMENT, to LICENSEE, to any mortgagee or lender, or to any successors in interest of LICENSEE if successors in interest are permitted under this AGREEMENT or mortgagee or lender, or to any other person, and L ICENSEE covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages:
(i) For any breach of this AGREEMENT or for any cause of action which arises out of this AGREEMENT; or
(ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this AGREEMENT, including, without limitation, any impairment or restriction which LICENSEE characterizes as a regulatory taking or inverse condemnation; or
(iii) Arising out of or connected with any dispute, controversy or issue regarding the Application or request for a permit for cultivation and/or manufacturing or interpretation or effect of the provisions of this AGREEMENT.
9.4 Waiver/Release of Claims. LICENSEE hereby agrees to waive and/or release the CITY for any claim or claims or cause of action, not specifically and expressly reserved herein, which LICENSEE may have at the time of execution of this AGREEMENT relating to any Application to the CITY including, but not limited to, any Application for any type of cultivation or manufacturing permit, any Application for any cultivation or manufacturing rights, or any Application for any cultivation or manufacturing license from the CITY.
CALIFORNIA CIVIL CODE SECTION 1542
LICENSEE expressly acknowledges that this AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this AGREEMENT contemplates the
extinguishment of any such Claim or Claims. The LICENSEE specifically acknowledges and waives and releases the rights granted to LICENSEE under California Civil Code Section 1542, which states as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
By expressly waiving the rights granted to LICENSEE under California Civil Code Section 1542, the LICENSEE represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the Application for or request for any permit from the CITY and (i) they are not presently aware of any damage or injury, or (ii) an y damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged.
9.5 Reservation of Rights – CITY. Nothing herein shall modify or abridge any defenses or immunities available to the CITY and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law.
9.6 Reservation of Rights – LICENSEE. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the exercise by the CITY of its power of eminent domain. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the CITY and its officials, officers, agents, and employees.
9.7 Limitation of Rights . Except as set forth in the preceding paragraph relating to eminent domain, LICENSEE's remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.3.
9.8 Specific Performance . The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this AGREEMENT and should be available to all parties for the following reasons:
(i) Except as provided in Section 9.1, money damages are unavailable against the CITY as provided in Section 9.1 above.
(ii) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this AGREEMENT has begun. After such implementation, LICENSEE may be foreclosed from other choices it may have had to use the Property or portions thereof. LICENSEE has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate LICENSEE for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
9.9 Termination of Agreement for Default of the CITY. LICENSEE may terminate this AGREEMENT only in the event of a default by the CITY in the performance of a material term of this AGREEMENT and only after providing written notice to the CITY of default setting forth the nature of the default and the actions, if any, required by the CITY to cure such default and, where the default can be cured, the CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.
9.10 Attorneys' Fees and Costs. In any action or proceeding between the CITY and LICENSEE brought to interpret or enforce this AGREEMENT, or which in any way arises out of the existence of this AGREEMENT, or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 8.10 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
9.11 LICENSEE Default. No building permit shall be issued or building permit application accepted for any structure on the Property after LICENSEE is determined by the CITY to be in default of the terms and conditions of this AGREEMENT until such default thereafter is cured by LICENSEE or is waived by the CITY. If the CITY terminates this AGREEMENT because of LICENSEE'S default, then the CITY shall retain any and all benefits, including fees received by the CITY hereunder.
9.12. Termination by CITY. Upon default by LICENSEE, the CITY may, in its sole discretion, terminate this AGREEMENT and may, in its sole discretion and following a Review Hearing pursuant to Section 7.3 and the applicable appeal referenced therein, report said termination to the Department of Cannabis Control of the State of California (DCC).
ARTICLE 10. THIRD PARTY LITIGATION.
10.1 General Plan Litigation . The CITY has determined that this AGREEMENT is consistent with its General Plan. LICENSEE has reviewed the General Plan and concurs with the CITY's determination. The CITY shall have no liability under this AGREEMENT, or otherwise, for any failure of th e CITY to perform under this AGREEMENT, or for the inability of LICENSEE to develop the Property as contemplated by the Project Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or po rtions thereof, are invalid, inadequate, not in compliance with law, or that this AGREEMENT or any of the CITY's actions in adopting it, were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the AGREEMENT or any Project Approval is unenforceable based upon federal, state, or local statutes, ordinances, or regulations in effect on the Effective Date.
10.2 Hold Harmless Agreement. LICENSEE hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from
claims for property damage which may arise from LICENSEE or LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for LICENSEE or any of LICENSEE' s contractors or subcontractors. LICENSEE agrees to and shall defend CITY and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations.
10.3 Indemnification. LICENSEE shall defend, indemnify and hold harmless the CITY and defend its officers, agents, and employees, against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the CITY, its officers, agents, and employees, may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the CITY, its officers, agents, and employees, and any third party (including a governmental entity or official) challenging the validity of any provision of this AG REEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the CITY, at is sole option, may ten der to LICENSEE, and LICENSEE agrees to accept any such tender of the complete defense, of any third-party challenge as described herein. In the event the CITY elects to contract with special counsel to provide for such a defense, the CITY may do so in its sole discretion and LICENSEE will be required to pay the defense costs of the CITY as the costs are incurred. LICENSEE agrees to pay any and all attorney's fees or retainer regarding the selection of special counsel, and LICENSEE shall pay all costs and all attorneys' fees related to retention of such special counsel.
10.4 Environmental Contamination. LICENSEE shall indemnify and hold the CITY, its officers, agents, and employees, free and harmless from any liability, based or asserted, upon any act or omission of the LICENSEE, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of CITY as successor to any portions of the Property dedicated or transferred to CITY by LICENSEE, for any violation of any federal, state, or local law, ordinance or regulat ion relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and LICENSEE shall defend, at its expense, including attorneys' fees, the CITY, its officers, agents, and employees, in any action based or asserted upon any such alleged act or omission. The CITY may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section
9.4 do not apply to environmen tal conditions that predate the LICENSEE's ownership or control of the Property or applicable portion, which shall be determined exclusively by the CITY. However, the foregoing limitation shall not operate to bar, limit, or modify any of LICENSEE's statuto ry or equitable obligations as either a LICENSEE or seller of the Property.
10.5 CITY Selection of Counsel. With respect to Sections 10.1 through 10.4, the CITY reserves the right to select its own special counsel or otherwise engages special counsel to defend the CITY hereunder, which fees shall be paid by LICENSEE.
10.6 Acceptance of Reasonably Good Faith Settlement. With respect to this Article 10, the CITY shall not reject any reasonably good faith settlement. Before accepting any such settlement offer, CITY shall notify LICENSEE of the offer and provide LICENSEE with a copy of the settlement offer. If LICENSEE disagrees with the CITY's intention to accept the offer, prior to the CITY's r esponse to any offer, the parties shall meet and confer, in good faith, in order to attempt to resolve the parties' differences. If the CITY does reject a reasonable, good faith settlement that is acceptable to LICENSEE, LICENSEE may enter into a settlement of the action, as it relates to LICENSEE, and the CITY shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to se ttlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. LICENSEE and the CITY expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the CITY's police powers, limits the CITY's exercise of its police powers, or affects the conduct of the CITY's municipal operations.
10.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with LICENSEE's development, operation, and use of the Property (collectively, "Actions"). The CITY shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to th is agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice." If any Action is brought by either the Federal or State Government, CITY shall immediately notify LICENSEE of the nature of the Claim including all correspondence or documents submitted to the CITY. Prior to responding to the Governmental Notice, CITY shall provide LICENSEE ten (10) days from the date of such notice subpoena or the like to serve and obtain on the CITY a protective order, or the like, from a court of competent jurisdiction.
10.8 Survival. The provisions of Sections 10.1 through 10.7 inclusive, shall survive the termination or expiration of this AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated.
ARTICLE 11. THIRD PARTY LENDERS, ASSIGNMENT & SALE.
11.1 Encumbrances. The parties hereto agree that this AGREEMENT shall not prevent or limit LICENSEE, in any manner, at LICENSEE's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property.
11.2 Lender Requested Modification/Interpretation. The CITY acknowledges that the lenders providing such financing may request certain interpretations and modifications of this AGREEMENT and agrees upon request, from time to time, to meet with LICENSEE and representatives of such lenders to negotiate in g ood faith any such request for interpretation or modification. The CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modi fication is consistent with the
intent and purposes of this AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit CITY’s rights under this AGREEMENT.
11.3 Non-Transferable Without CITY Approval . LICENSEE shall not sell or transfer it right, title, and interest in this AGREEMENT and any permits, licenses, entitlements, and related benefits cannot be sold or transferred without prior written approval by the City Council of the CITY. No new LICENSEEs shall be permitted without prior written approval by the CITY.
ARTICLE 12. MISCELLANEOUS PROVISIONS.
12.1 Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and executed by both Parties. The City Council hereby expressly authorizes the Chief Executive Officer to approve a Minor Amendment to this Agreement. A Major Amendment to this Agreement shall be approved by the City Council. The Chief Executive Officer shall, on behalf of CITY, have sole discretion to determine if an amendment constitutes a Minor Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law.
12.2 Entire Agreement. This AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this AGREEMENT, provided, however, CITY shall rely on statements made by LICENSEE's agents, officers, or employees, at the public hearings leading to the CITY's approval of the project, or on written documents submitted by LICENSEE's agents, officers, or employees, that are a part of the public record.
12.3 Severability. If any term, provision, covenant, or condition of this AGREEMENT shall be determined invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of this AGREEMENT shall not be affected thereby and shall remain in full force and effect to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this AGREEMENT. The foregoing notwithstanding, the provision of the Community Benefits set forth in Article 5, herein, including the payment of the fees set forth therein, are essential elements of this AGREEMENT and the CITY would not have entered into this AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the CITY's option, this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the Project rights set forth in Article 4 of this AGREEMENT are essential elements of this AGREEMENT and LICENSEE would not have entered into this AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void, or unenforceable, at LICENSEE's option, this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever.
12.4. Federal Law. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this AGREEMENT is invalid, unenforceable, or illegal under federal law. By entering into this AGREEMENT, each Party disclaims any right to tender an affirmative defense in any arbitration
or court of competent jurisdiction, that performance under this AGREEMENT is not required because the AGREEMENT is invalid, unenforceable, or illegal under federal law.
12.5 Interpretation and Governing Law. Any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this AGREEMENT, since all parties were represented by counsel in the negotiation and preparation of this AGREEMENT, and/or were advised to consult counsel and had the opportunity to obtain counsel for the negotiation and preparation of this AGREEMENT.
12.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT.
12.7 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of Project entity.
12.8 Time of Essence. Time is of the essence in the performance of the provisions of this AGREEMENT as to which time is an element.
12.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this AGREEMENT thereafter.
12.10 No Third-Party Beneficiaries. The only parties to this AGREEMENT are LICENSEE and the CITY. This AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third-party beneficiaries, and this AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.
12.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
12.12 Counterparts. This AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
12.13 Jurisdiction and Venue. Any action at law or in equity arising under this AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or
change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394.
12.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this AGREEMENT. No partnership, joint venture or other association of any kind is formed by this AGREEMENT. The only relationship between the CITY and LICENSEE is that of a government entity regulating the development of private property and the LICENSEE of such property.
12.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this AGREEMENT and the satisfaction of the conditions of this AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this AGREEMENT to carry out the intent and to fulfill the provisions of this AGREEMENT or to evidence or consummate the transactions contemplated by this AGREEMENT.
12.16 Eminent Domain. No provision of this AGREEMENT shall be construed to limit or restrict the exercise by the CITY of its power of eminent domain.
12.17 Agent for Service of Process. In the event LICENSEE is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then LICENSEE shall file, upon its execution of this AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and Project addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon LICENSEE. If for any reason service of such process upon such agent is not feasible, then in such event LICENSEE may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon LICENSEE. LICENSEE is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto.
12.18 Authority to Execute. The person or persons executing this AGREEMENT on behalf of LICENSEE warrants and represents that he/she/they have the authority to execute this AGREEMENT on behalf of his/her/their corporation, partnership or Project entity and warrants and represents that he/she/they has/have the authority to bind LICENSEE to the performance of its obligations hereunder. LICENSEE shall each deliver to CITY on execution of this AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this AGREEMENT and naming the officers that are authorized to execute this AGREEMENT on its behalf. Each individual executing this AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that:
(i) The individual is authorized to execute and deliver this AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and
(ii) This AGREEMENT is binding on that company or entity in accordance with its terms; and
(iii) The company or entity is a duly organized and legally existing company or entity in good standing; and
(iv) The execution and delivery of this AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound.
12.19 Nexus/Reasonable Relationship Challenges. LICENSEE agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the Project on the CITY and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this AGREEMENT including, without limitation, any claim that the terms in this AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax.
12.20 No Damages Relief Against CITY. The parties acknowledge that the CITY would not have entered into this AGREEMENT had it been exposed to damage claims from LICENSEE, its agents, officers, employees, or anyone acting on behalf of LICENSEE for any breach thereof. As such, the parties agree that in no event shall LICENSEE, or LICENSEES' agents, officers, employees, partners, or anyone acting on behalf of LICENSEE be entitled to recover damages against CITY for breach of this AGREEMENT.
12.21 Laws. LICENSEE agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, LICENSEE further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards.
Specifically, LICENSEE agrees to comply with all applicable provisions of BPMC.
12.22 Compliance with Conditions of Approval. LICENSEE agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the CITY. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference.
12.23 Consistent with State and Federal Regulations. The CITY acknowledges that this AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult-use of marijuana for recreational use, this AGREEMENT shall govern the conduct of the property under such future regulations.
12.24 Compliance with Applicable Laws. LICENSEE shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out its obligations under this Agreement.
12.25 Necessary Acts. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of the Agreement and the intent of the Parties to the Agreement.
12.26 Consultation with Counsel. The Parties have entered and executed this Agreement freely and voluntarily based on their own independent judgment, after consultation with their respective counsel, and without duress, coercion, or undue influence of any kind.
12.27 Superseding Clause. This AGREEMENT supersedes any and all other agreements or contracts, either oral or written, between the parties with respect to the subject matter herein.
[Signatures on next page]
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the dates written above.
CITY OF BALDWIN PARK
By: ____________________________
Emmanuel J. Estrada, Mayor
GREEN HEALTH INDUSTRIES, LLC
By: _____________________________
Name: Henrik Avaness,, President
ATTEST:
By: ____________________________
City Clerk
Approved as to Form:
By: _______________________________
Julia Sylva, Special Counsel
Commercial Cannabis Activity,
City of Baldwin Park
Approved as to Form:
By: __________________________________
Eduardo Olivo, General Counsel,
Green Health Industries, LLC
No. 1 - Legal Description of the Property and/or Properties Common Address:
13460 Brooks Drive, Baldwin Park, CA 91076
Assessor’s Parcel Number: 8535-024-018
No. 2 – Map showing Property and its or their location(s)
No. 3 – CITY Cannabis Permit Application
No. 4 – Landlord Consent, if applicable
No. 5 – Personal Guaranty or Performance Bond
No. 6 – Project Plan
No. 7 – Financial Projections
No. 8 – Community Benefits Plan
The City of Baldwin Park will establish a “Community Benefit Fund” to allocate a portion of the Community Benefit Fee to support community-based programs and activities in the City . The City will adopt a policy to provide guidelines and procedures for the distribution and use of these public funds.
No. 9 – California State License Types
Cultivation: State License Type: Adult-Small-Indoor
Manufacturing: State License: Type 6-Non-Volative Solvent Extraction
Vicinity Map
LOCATION: 13460 Brooks Drive
CASE NUMBER: CCA 23-03
DATE: December 6, 2023
STAFF REPORT
ITEM NO. 12
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
Shirley Quinones, Chief Deputy City Clerk
DATE: December 6, 2023
SUBJECT: Approve and Adopt Resolution No. 2023 -044 casting its votes for the Water Quality Authority (WQA) Board Member
Representing Cities without Pumping Rights
SUMMARY
This report seeks City Council approval in adopting Resolution No. 2023-044, casting their full votes for Valerie Munoz to represent cities without prescriptive pumping rights on the Board of the San Gabriel Basin Water Quality Authority.
RECOMMENDATION
It is recommended that the City Council approve and adopt Resolution No. 2023-044 entitled, “ A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CASTING IT VOTE(S) FOR
COUNCILMEMBER VALERIE MUNOZ TO REPRESENT CITIES WITHOUT PRESCRIPT IVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY”.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
The San Gabriel Basin Water Quality Authority’s (WQA) mission is to coordinate, plan and implement groundwater quality management programs to efficiently remediate groundwater contamination and assist in preventing future contamination. The WQA is under the direction and leadership of a seven-member board, one member from an overlying municipal water district, one from a city with water pumping rights and one from a city without water pumping rights and two representing water purveyors.
On November 14, 2018, the City Council previously supported Valerie Munoz from the C ity of La Puente to serve as the Board Member representing cities without pumping rights, her term expires on January 1, 2024. The WQA is holding an election on December 19, 2023, for a board member and alternate for cities without pumping rights. The WQA provided a list of nominees with two candidates, listed in the order of which nominations were received by WQA:
• Margaret Clark, City of Rosemead
• Valerie Munoz, City of La Puente
The attached resolution would cast the City's vote for Valerie Munoz. Once the resolution is adopted, a certified copy will be mailed to the WQA.
ALTERNATIVES
The City Council may choose to direct staff according to one of the following alternatives:
1) Choose not to cast their votes for Valerie Munoz. 2) Choose to cast their votes for Margaret Clark.
LEGAL REVIEW
Not Applicable.
ATTACHMENTS
1. Resolution No. 2023-044
2. Letter from San Gabriel Basin Water Quality Authority
RESOLUTION NO. 2023-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, CASTING IT VOTE(S) FOR
COUNCILMEMBER VALERIE MUNOZ TO REPRESENT CITIES
WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD
OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and
WHEREAS, the Board of the San Gabriel Basin Water Quality Authority i s composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights , and two appointed members representing water producers in the San Gabriel Basin; and
WHEREAS, the City of Baldwin Park is one of the cities in the San Gabriel Basin without prescriptive pumping rights; and
WHEREAS, the City of Ba ldwin Park may cast its vote(s) for a representative by resolution and delivered to the San Gabriel Basin Water Quality Authority no later than December 19, 2023 at 12:00 p.m.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Baldwin Park casts its full vote(s) for Councilmember Valerie Munoz as the representative for cities in the San Gabriel Basin without prescriptive pumping rights.
Resolution No. 2023-031
PASSED, APPROVED, AND ADOPTED this 6
th day of December, 2023.
_______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-044 was duly ad opted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 6, 2023 and that the same was adopted by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CHRISTOPHER SAENZ
CITY CLERK
STAFF REPORT
ITEM NO. 13
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
Victor Viramontes, Management Analyst
DATE: December 6, 2023
SUBJECT: Susan Rubio Zocalo Park Retail Tenant Search Update.
SUMMARY
The purpose of this staff report is to provide City Council with an update on the search for a tenant(s) for the retail building currently under construction at Susan Rubio Zocalo Park.
RECOMMENDATION
Staff recommends that the City Council receive and file this report.
FISCAL IMPACT
There is no fiscal impact.
BACKGROUND
On August 16, 2023, City Council directed staff to begin marketing the retail building that will be part of the Susan Rubio Zocalo Park that is currently under construction. Since then, staff has developed a marketing flyer, a list of potential targets and a Leasing Interest form. Food uses with successful track records with local following were primarily targeted. Staff targeted the following businesses that would be complementary to the park:
• Movita Juice Bar
• 7 Leaves Café
• Il Gusto (Gelato)
• The Artist Pizzeria
• Cafe Valer
• Mariachi Bakery
• La Cocinita
• Vaca Brunch
• Acai Joint
• Big Ds in Whittier
• Papas Best Sandwiches
& More
• La Monarca
• Caramelo Café
• Mi Lindo Oaxaca
• C & R Fresh Foods
• One Veg World
• Tierra Mia
• Edna Vees Public House
• Ground Up Coffee
• Chismosa Café
• Local Brewery
Staff made outreach efforts to the businesses including visiting, delivering a marketing flyer, and e-mailing the flyer to the business owners. Several of the businesses expressed interest including Café Valer submitting a completed Leasing Interest form and site visit from a local Brewery. Discussion items with the prospective businesses included incentives such as assistance with tenant improvements, deferred leasing payments, and assistance with signage.
LEGAL REVIEW
The item does not require a legal review.
ATTACHMENT
None.
STAFF REPORT
ITEM NO. 14
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Bernardo Navarrete, Engineer Assistant
DATE: December 6, 2023
SUBJECT: Consideration for Approval Memorandum of Agreement (MOA) between the San Gabriel Valley Council of
Governments (SGVCOG), Heart of Compassion Distribution, and the City of La Canada Flintridge Participating in the Food Recovery Hub Program
SUMMARY
This item requests City Council approval of a Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG), Heart of Compassion Distribution, and the City of La Canada Flintridge participating in the Food Recovery Hub Program e stablishing a transfer of ownership of purchased equipment and associated responsibilities for all parties involved.
RECOMMENDATION
It is Staff’s recommendation that the City Council:
1. Authorize the Chief Executive Officer to execute the MOA between the City of Baldwin Park, SGVCOG, City of La Canada Flintridge, and the Heart of Compassion Distribution to establish a purchase equipment transfer of ownership and associated responsibilities for all parties; and,
2. Authorize the Director of Public Works to process the necessary documents.
FISCAL IMPACT
There is no impact on the General Fund. Participation in the Regional Food Recovery Program expansion is funded by the City’s awarded funds from CalRecycle’s SB 1383 Local Assistance Grant Program. There is no appropriation being requested as the cost for the equipment will not exceed the amount established in the existing MOA as approved by the City Council on June 20, 2022.
BACKGROUND
In September 2016, the passage of Senate Bill 1383 established statewide targets to reduce the disposal of organic waste from landfills and increase recovery of currently disposed edible food for human consumption. To recover 20 percent of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks.
In Spring 2022, the City was awarded Round One SB 1383 Local Assistance Grant funding from CalRecycle in the amount of $108,044. This non-competitive grant program provides funding to local jurisdictions to assist with implementation of regulation requirements associated with SB 1383.
City Staff are working with the SGVCOG to provide a regional approach for SB 1383 compliance. The Regional Food Recover Program was established to help member agencies comply with SB 1383’s food recovery mandates and reduce food waste in the San Gabriel Valley. The program assesses commercial edible food waste generators,
identifies, and fosters partnerships with local food recovery organizations, implements outreach and education endeavors, and develops and implements inspection protocols. In July 2022, City Council approved and executed a Memorandum of Agreement (MOA) with SGVCOG for participation in the Program. Per the allocated $108,044 grant funding, $78,000 was earmarked to provide additional support to the Regional Food Recovery Program, and $30,000 was retained to provide support for the City’s SB 1383 outreach program.
Per the MOA, the SGVCOG would utilize a portion of the City’s CalRecyle Local Assistance Grant funds allocation for the purchase of equipment that will be used to increase the capacity of local food organizations to recover edible food waste. As a conformance requirement with CalRecycle’s grant guidelines, it was noted that Cities must own purchased equipment and that it be assigned to one of the participating Cities. As a result, the existing MOA was amended and approved by City Council on September 6, 2023.
DISCUSSION
At the time of amending the MOA it was indicated by Staff that a subsequent agreement would be required which established equipment ownership and associated responsibilities amongst the participating jurisdictions involved.
The equipment purchased will provide support to a subregional food recovery hub, namely the Heart of Compassion Distribution, which currently facilitates recovery of food from edible food generators (EFGs) in the participating cities, and provides food to people who live in, and nearby, those cities. Heart of Compassion focuses on recovering and donating edible food and developing the food recovery network in the participating cities as specified by the SGVCOG. Heart of Compassion shall utilize the equipment purchased by the SGVCOG to increase perishable food storage and distribution capacity through equipment such as forklifts, pallet jacks and trojan batteries. CalRecycle grant guidelines , however, specify that one of the participating cities must own equipment purchased using grant funds, but may transfer such ownership to the Grantee by way of written agreement. It is S taff’s recommendation to approve and execute the proposed MOA to better align with CalRecycle’s grant guidelines to establish a joint effort agreement amongst the participating jurisdictions involved and facilitate the transfer of ownership of the equipment to the Grantee.
ALTERNATIVES
City Council may choose not to accept this MOA and provide staff with alternate direction for further coordination with the various jurisdictions.
CEQA REVIEW
The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of g overnment that will not result in a direct or indirect physical change in the environment.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Food Recovery Hub Memorandum of Agreement
Food Recovery MOA
MEMORANDUM OF AGREEMENT
FOOD RECOVERY HUB PROGRAM MEMORANDUM OF AGREEMENT BETWEEN
HEART OF COMPASSION DISTRIBUTION, THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, THE CITY OF BALDWIN PARK, AND THE CITY OF LA CAÑADA
FLINTRIDGE
This Memorandum of Agreement (“MOA”) is by and between Heart of Compassion Distribution (“Grantee”), the San Gabriel Valley Council of Governments, a joint power authority (“SGVCOG”), the City of Baldwin Park , a municipal corporation , and the City of La Ca ñada Flintridge, a municipal corporation, to be effective as of the date signed by all Parties. Collectively, the City of Baldwin Park and the City of La Cañada Flintridge are referred to as the “Cities”.
RECITALS:
A. The passage of SB 1383 (Lara, 2016) implemented statewide targets to reduce statewide disposal of organic waste and increase recovery of currently disposed edible food for human consumption. Specifically, SB 1383 aims to recover at least 20% of currently disposed edible food for human consumption by 2025.
B. To recover 20% of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks.
C. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies and has established and is administering a Regional Food Recovery Program alongside several member cities.
D. To assist cities in complying with SB 1383’s edible food waste regulations, the SGVCOG administered a grant program to select subregional food recovery hubs. The hubs will expand regional food recovery efforts to recover additional surplus food for distribution and/or redistribution to smaller organizations and community members facing food insecurity.
E. The Grantee applied to SGVCOG’s grant program to implement the project as described in Exhibit “A”, which is attached hereto and incorporated herein by reference (the “Project”).
F. Participating cities were awarded funding from the California Department of Resources Recycling and Recovery’s (CalRecycle) SB 1383 Local Assistance Grant Program and have allocated a portion of their funding to the SGVCOG to support the development of hubs.
CalRecycle grant guidelines specify that one of the participating cities must own equipment purchased using grant funds, but may transfer such ownership to the Grantee by way of written agreement.
G. The Grantee, SGVCOG, and Cities desire to set forth the terms of their Project responsibilities under this MOA and transfer ownership of the equipment from the City to the Grantee.
Food Recovery MOA
NOW, THEREFORE, the Parties agree to the following:
I. TERM:
The MOA shall take effect as from the date of signing by the Parties, with a term of four (4) years.
The term of this MOA may be extended by mutual agreement of all Parties by way of an amendment to this MOA.
II. RESPONSIBILITIES OF EACH OF THE PARTIES:
A. SGVCOG’s Responsibilities
1. Review submitted deliverables, reports, and invoices from the Grantee and notify Grantee as to any additional documents that are required.
2. Manage reporting schedules and deadlines.
3. Coordinate conference calls and meetings with the Cities and Grantee as necessary.
4. Coordinate regional food recovery efforts with the Cities and Grantee and other grantees which are participating in SGVCOG’s regional food recovery program.
5. Purchase equipment that is identified in Exhibit “A” (the “Equipment”) and assign ownership of Equipment to the Cities at no cost.
6. Provide payment to the Grantee for eligible expenses within 30 days of approval of Grantee’s invoice.
7. Retain $59,248 to purchase equipment that is identified in Exhibit “A” (the “Equipment”) and assign ownership of Equipment to the City at no cost.
8. Upon receipt of a proper invoice, reimburse the Grantee up to a not to exceed amount of $8,752, as described in the budget attached as Exhibit B (the “ Project Budget”) for expenditures that are in compliance with the Project scope of work.
9. Perform other responsibilities as set forth in this MOA.
B. Cities’ Responsibilities
1. Assign its ownership rights to the Equipment to the Grantee at no cost in accordance with this MOA.
2. Cooperate with the SGVCOG in implementing the Project.
3. Participate in scheduled conference calls and meeting s with the SGVCOG and Grantee and other stakeholders.
4. Notify SGVCOG prior to releasing press materials related to the Project.
5. Perform other responsibilities as set forth in this MOA.
C. Grantee’s Responsibilities
1. Implement the Project in compliance with this MOA and applicable local and State food recovery laws and requirements, including, but not limited to SB 1383.
2. Expend funds on goods and services consistent with the Project scope of work and Project Budget.
3. Participate in and contribute to SGVCOG’s food recovery efforts.
Food Recovery MOA
4. Participate in scheduled conference calls and meeting s with the SGVCOG , the Cities, and other stakeholders.
5. Timely respond to SGVCOG and Cities requests related to the Project , including those related to the Grantee’s activities in SGVCOG’s food recovery efforts.
6. Submit expenditures of greater than $1,000 to the SGVCOG for pre -approval, as indicated in the Project scope of work.
7. Maintain and repair Equipment.
8. Utilize Equipment throughout the term of this MOA.
9. Notify SGVCOG prior to releasing press materials related to the Project.
10. Submit detailed invoices, reports, and deliverables to the SGVCOG in accordance with the Project and Budget.
11. Consistent with this MOA, e nsure that all funding is expended by the end of the MOA term and, if not, inform the SGVCOG as soon as practicable of delays in expending the funds. The SGVCOG reserves the right to retain any funds that it deems will not be spent in accordance with this MOA by the end of the MOA term.
12. Reimburse the SGVCOG for payments the SGVCOG has made to Grantee for Grantee expenditures that are later determined by the SGVCOG to be not in compliance with the Project scope of work or Project Budget.
13. Perform other responsibilities as set forth in this MOA.
III. INELIGIBLE EXPENSES
A. Work that is budgeted, but funded by another source.
B. Work not completed during the term of this MOA, including work performed prior to the effective date of this MOA.
C. Purchase of food.
D. Purchase or lease of land or buildings.
E. Advocacy and lobbying.
F. Grant preparation.
G. Any other activities or expenditures not set forth in Exhibit A or Exhibit B.
IV. EQUIPMENT
A. The SGVCOG shall purchase the Equipment. Upon such purchase and delivery to Grantee’s possession, the SGVCOG and the Cities assign all rights they have to ownership of the Equipment and any warranties thereunder to the Grantee. In making this assignment the SGVCOG and the Cities make no guaranty as to the quality of the Equipment, its merchantability and/or whether it will function for its intended purpose.
Upon the Grantee taking ownership of the Equipment , the SGVCOG and the Cities shall have no liability to each other or to the Grantee for any claims, actions, damages arising out of the use of the Equipment by Grantee or any malfunction of the Equipment. In accepting this assignment of ownership of the Equipment, the Grantee shall assume all of the Cities’ and the SGVCOG’s rights, duties, liabilities , and obligations for the Equipment. Notwithstanding the foregoing, to the extent the Project Budget provides funds for Equipment maintenance or repair, the SGVCOG shall pay
Food Recovery MOA
for such repair upon receipt of an appropriate invoice from Grantee during the term of this MOA.
B. At all times during Grantee’s possession of the Equipment, the Grantee shall be solely responsible for maintenance and repair of the Equipment and shall take all reasonable steps to maintain and repair the Equipment so that it remains in good working order and to pay the costs thereof ; provided that Grantee may be reimbursed for such maintenance and repair to the extent provided in the Project Budget. Grantee shall use the Equipment solely for Project purposes during the Term of this MOA. In the event Grantee does not utilize the Equipment or piece thereof during the Term of this MOA, Grantee shall reimburse the SGVCOG the depreciated value of the Equipment. The depreciated value shall be calculated by the following formula: (Equipment cost ÷ 4) × remaining MOA Term expressed in years or fractions thereof. By way of example if a piece of equipment cost $10,000 and there was 1 year and 6 months left in the MOA term, the depreciated value would be calculated as follows: ($10,000 ÷ 4 = $2,500) x
1.5 = $3,750.
V. INVOICING
A. Grantee must submit invoices on a monthly basis, no later than the tenth (10 th) day of each month, in accordance with the schedule in Exhibit B. Grantee must provide all necessary documentation, including but not limited to timesheets, invoices, and deliverables, as support for the invoice. Invoice must include all work completed during the previous month. Grantee’s final invoice shall be submitted within twenty (20) days after the end of the MOA term.
B. Grantee must submit a monthly report with the invoice indicating outcomes during the invoicing period, consistent with a format approved by the SGVCOG.
C. All reimbursable expenditures must be incurred by April 30, 2024, and an invoice must be received by the SGVCOG within 20 days thereof, i.e., by May 20, 2024. Any invoice received after that date for otherwise reimbursable expenditures shall not be paid.
VI. AMENDMENTS
A. For any change which materially affects the Project scope of work, or in any way modifies any term or condition included under this MOA, a written amendment to the MOA shall be prepared and executed by the Grantee, the Cities and the SGVCOG for such change to be effective.
B. Minor changes to the Project scope of work or Project Budget that shift funds among approved categories may be approved by the SGVCOG’s Project Manager, who shall in writing and in his or her reasonable discretion determine whether the change is minor. Any increase in the not to exceed amount of this MOA shall require a written amendment.
VII. PROJECT MANAGEMENT
A. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager to which any notices required under this MOA shall be sent:
Food Recovery MOA
Mackenzie Bolger
Senior Management Analyst
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
[email protected]
B. For purposes of this MOA, the Grantee designates the following individual as its Project Manager to which any notices required under this MOA shall be sent:
Melissa Lomenzo
Heart of Compassion Distribution
600 S. Maple Ave.
Montebello, CA 90640
[email protected]
Christina Strickling
Controller
Heart of Compassion Distribution
600 S. Maple Ave.
Montebello, CA 90640
[email protected]
C. For purposes of this MOA, the Cities designate the following individuals as the Project Managers to which any notices required under this MOA shall be sent:
To City of Baldwin Park:
Sam Gutierrez
Director of Public Works
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011, ext 460
[email protected]
To City of La Cañada Flintridge:
Patrick V. DeChellis
Director of Public Works
One Civic Center Drive
La Cañada Flintridge, CA 91011
(818) 790-8882
[email protected]
Food Recovery MOA
D. Additional Parties’ contacts and copies of notices to whom shall be sent include the following individuals:
To SGVCOG:
Marisa Creter
Executive Director
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
[email protected]
To City of Baldwin Park:
Enrique C. Zaldivar, PE
Chief Executive Officer
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 813-5204
[email protected]
To City of La Cañada Flintridge:
Daniel Jordan
City Manager
One Civic Center Drive
La Cañada Flintridge, CA 91011
[email protected]
Joshua Jeffrey
Management Analyst
One Civic Center Drive
La Cañada Flintridge, CA 91011
[email protected]
E. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre-paid, return receipt requested. Either Party may change its Project Manager or contact upon written notice to the other Party and shall promptly update the other Party in writing of any such changes.
VIII. TERMINATION
A. This MOA may be terminated by the SGVCOG as to the Grantee at any time without cause. Termination will occur 30 days after written notice is issued to Cities’ and Grantee’s Project Managers. The Grantee shall stop work and not incur any additional
Food Recovery MOA
expenses upon receipt of or issuance of such notice, except that which is reasonable and necessary to effectuate the termination. The Grantee shall be entitled to reimbursement for eligible expenses that are reasonably and necessarily incurred up to the date that such termination is effective. Within 15 days of receipt of the SGVCOG’s written notice, Grantee may, at its election and in writing, pay to the SGVCOG the depreciated value of the equipment as of the effective date of the termination and keep the equipment or return the equipment. If the equipment is to be returned, it shall be returned in good working order, normal wear and tear excepted. The SGVCOG shall provide direction as to where the equipment is to be returned.
B. This MOA may be terminated for cause at any time for a material default by one of the Parties upon written notice to the other two Parties. Prior to such termination, the non- defaulting Party shall notify the defaulting Party and the other Party of the action or non-action constituting the material default. The defaulting Party or other Party shall have 10 business days in which to cure the default. If the default cannot be reasonably cured within 10 days, the defaulting shall commence the cure within the 10 business days and work promptly to cure the default within in a reasonable time, but in no event, more than 30 calendar days. If not cured to the reasonable satisfaction of the non - defaulting Party issuing the written notice within such time periods, the non-defaulting Party shall provide notice of the failure to cure to the other Parties and the MOA shall terminate three days after the date the notice is deposited in the U.S. Mail , unless otherwise stated at a later time in the written notice.
IX. INDEMNITY
A. To the greatest extent permitted by law, Grantee agrees to defend, indemnify, and hold harmless the SGVCOG, its member agencies, including the Cities, and their respective elected and appointed boards, officials, officers, agents, employees, members, and volunteers (the “Agency Indemnitees”) , at Grantee’s sole expense, from and against any and all liability, loss, damage, cost, claims, actions, suits, or other legal proceedings of every nature (collectively, “Claims”) brought against the Agency Indemnitees arising out of or relating to the acts or omissions of Grantee in connection with this MOA, with counsel reasonably acceptable to the SGVCOG and the Cities. Grantee’s duty to defend, indemnify, and hold free and harmless the Agency Indemnitees shall also apply to any Claims arising out Grantee’s use of the Equipment during the term of the MOA or thereafter, if Grantee owns the Equipment. Should Grantee refuse to provide a defense for the Agency Indemnities upon written demand by the SGVCOG and/or Cities to do so, or do so with a reservation of rights, the SGVCOG and/or Cities may choose to provide its own defense, and Grantee shall be liable for all costs incurred in doing so, including, but not limited to, any judgment determined to be covered by Grantee’s obligations herein.
B. SGVCOG agrees to defend, indemnify, and hold free and harmless the Cities, its officers, employees, agents, and volunteers (“Cities Indemnitees”), at SGVCOG’s sole expense, from and against any and all Claims brought against the Cities Indemnitees
Food Recovery MOA
arising out of or relating to the acts or omissions of SGVCOG in connection with this MOA.
C. Cities agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their officers, employees, agents, and volunteers (“SGVCOG Indemnitees”), at Cities’ sole expense, from and against any and all Claims arising out of or relating to the acts or omissions of Cities in connection with this MOA.
D. The provisions of this Article IX shall survive termination of this MOA.
X. INSURANCE
A. Cities and SGVCOG shall each maintain and keep in full force and effect during the term of this MOA insurance or a program of self -insurance against claims for injuries to persons or damages to property which may arise in connection with their respective performance of obligations hereunder.
B. Grantee shall procure and maintain, at its own cost and expense and for the duration of this MOA, the insurance coverage as set forth herein and the provisions applicable thereon shall survive the term of this MOA . All insurance policies shall be subject to approval by SGVCOG and Cities as to form and content. These requirements are subject to amendment or waiver if approved in writing by the SGVCOG and the Cities.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII and licensed to do business in the State of California. Grantee shall provide the following scope and limits of insurance:
1. Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) and Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the SGVCOG.
2. General Liability: $ 2,000,000 minimum limit written on an occurrence basis for bodily injury, death, and property damage.
3. Automobile Liability: $1,000,000 minimum limit written on an occurrence basis for bodily injury, death, and property damage.
4. Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
5. Each general liability and automotive liability insurance policy shall provide that the coverage shall not be non-renewed, cancelled or reduced by the insurer or Grantee except after at least ten (10) days' prior written notice by certified mail, return receipt requested, has been given to the SGVCOG and the Cities.
As soon as Grantee becomes aware, it shall provide to SGVCOG and the Cities notice of suspension or voiding of any coverage or reduction in coverage which results in Grantee not meeting the minimum requirements set forth in this MOA.
Food Recovery MOA
6. The Agency Indemnitees shall be named as additional insureds on all policies of general liability, property damage, and automotive liability insurance for all work performed by Grantee under this MOA. The coverage shall contain no special limitations on the scope of protection afforded to the A gency Indemnitees.
7. Grantee's insurance coverage shall be primary insurance with respect to the Agency Indemnitees.
8. Unless the SGVCOG and Cities otherwise agree in writing, the insurer shall agree to waive all rights of subrogation against the A gency Indemnitees for losses arising from services performed by Grantee.
9. Grantee agrees to deposit with SGVCOG and the Cities, at or before the performance of any services under this MOA, certificates of insurance and additional insured endorsements or a copy of the policy evidencing same, necessary to satisfy SGVCOG and the Cities that Grantee has complied with the insurance provisions of this MOA. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. SGVCOG and the Cities reserve the right to inspect complete, certified copies of all required insurance policies, at any time.
XI. OTHER TERMS AND CONDITIONS
A. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.
B. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification.
C. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
D. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.
Food Recovery MOA
E. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
F. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
G. Assignment. Except for an assignment of the Equipment as provided in this MOA, neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.
H. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
I. Authority to Execute. The person executing this MOA on behalf of a Party warrant that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA.
J. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
K. Electronic Signatures . This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
[Signature page to follow]
Food Recovery MOA
In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.
FOR HEART OF COMPASSION DISTRIBUTION
By: ___________________________
Eric Tietze
President
Date: __________________________
By: ___________________________
Melissa Lomenzo
Admin
Date: __________________________
FOR CITY OF BALDWIN PARK
By: ___________________________
Enrique C. Zaldivar, PE
Chief Executive Officer
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez
City Attorney
FOR CITY OF LA CAÑADA
FLINTRIDGE
By: ___________________________
Daniel Jordan
City Manager
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Adrian R. Guerra
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
By: ____________________________ APPROVED AS TO FORM:
Marisa Creter
Executive Director ____________________________
David DeBerry
Date: __________________________ General Counsel
STAFF REPORT
ITEM NO. ___15___
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Director of Community Development
DATE: December 6, 2023
SUBJECT: Approval of Amendment Number 2 to the Grant Agreement with Oath to Country Foundation (OTCF) to repair the last senior Veteran home as part of the Home Rehabilitation Pilot Program with the City of Baldwin Park.
SUMMARY
The purpose of this staff report is to consider the second amendment to the Grant Agreement with Oath to Country (OTCF) to extend the Agreement by twelve months to repair the last senior Veteran home as part of the Home Rehabilitation Pilot Program.
RECOMMENDATION
It is recommended that the City Council authorize the Chief Executive Officer to execute an amended Grant Agreement with Oath to Country (OTCF) subject to any non -substantive changes made by the CEO and City Attorney.
FISCAL IMPACT
There is no fiscal impact with the approval of the amendment. The amendment extends the term of the grant agreement twelve months to repair the last senior . The agreement amount of $25,000 ARPA grants funds will remain.
BACKGROUND
On June 6, 2022, the City Council approved a Grant Agreement to create a pilot program in partnership with Oath to Country Foundation. The pilot program envisioned home repairs of up to 6 homes to ensure a safe healthy living environment serving senior veterans, disabled veterans, widowed spouses of veterans and seniors who have difficulty maintaining their homes/properties.
On April 5, 2023 the City Council approved an amendment to the grant agreement for an additional $25,000 to repair the home of a combat Vietnam Veteran who is the owner of the two-bedroom, one bath single family home.
Extending the agreement will allow staff to continue working with the Oath to Country Foundation to complete the improvements necessary to restore the home to a safe and healthy environment.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Amendment Number 2
2.Copy of executed agreement
AMENDMENT NUMBER 2
TO THE GRANT AGREEMENT
BETWEEN THE CITY OF BALDWIN PARK AND OATH TO COUNTRY
FOUNDATION.
1. PARTIES AND DATE.
This Second Amendment to the Grant Agreement (“Second Amendment”) is made and entered into this December 6, 2023, by and between the City of Baldwin Park, (“City”), and Oath to Country Foundation. (“Public Charity”).
2. RECITALS.
2.1 Agreement. City and Oath to Country Foundation entered into that certain Grant Agreement dated June 6, 2022, (“Agreement”), was amended and restated April 5, 2023 whereby Oath to Country Foundation agreed to assist veterans and their families in need of home repairs.
2.2 Amendment. City and Oath to Country Foundation mutually desire to amend the Grant Agreement for the second time to extend the Agreement with Oath to Country Foundation for an additional twelve (12) months.
3. NOW, THEREFORE, City and Consultant agree as follows:
3.1 Section VI of the Grant Agreement is hereby amended by extending the term from December 31, 2023 to December 31, 2024.
3.2 Continuing Effect of Grant Agreement. Except as amended by this First Amendment and Second Amendment, all provisions of the Grant Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Agreement, whenever the term “Grant Agreement” appears in the Grant Agreement, it shall mean the Grant Agreement as amended by the First and Second Amendments.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Grant Agreement.
3.4 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
3.5 Authority. The persons executing this Second Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Second Amendment on behalf of said party, (iii) by so executing this Second Amendment, such party is formally bound to the provisions of this Second Amendment and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound.
*SIGNATURES ON NEXT PAGE*
IN WITNESS WHEREOF, the parties have executed this Second Amendment to be executed the day and year first above written.
CITY OF BALDWIN PARK: PUBLIC CHARITY: OATH TO
COUNTRY FOUNDATION
By:________________________________ By:_________________________________ Enrique C. Zaldivar, Chief Executive Officer Dr. Justin Gracieux, Founder/President
Attest:
By: ________________________________
Christopher Saenz, City Clerk
Approved as to Form:
By:________________________________
Marco A. Martinez
City Attorney
14403 E. Pacific Avenue * Baldwin Park, CA 91706 * (626) 813-5216
STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES }
I, Shirley Qui ñones, Chief Deputy City Clerk of the City of Baldwin Park , do hereby certify that the Amended and Restated Services Agreement between the City of Baldwin Park and Oath to Country Foundation is a true and correct copy of the official legislative proceedings for the Baldwin Park Regular City Council Meeting held on April 5, 2023.
Dated this 6th day of April, 2023.
___________________________________
Shirley Quiñones
Chief Deputy City Clerk
STAFF REPORT
ITEM NO. 16
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Anthony Vazquez, Public Works Manager
DATE: December 6, 2023
SUBJECT: Consider Approval of Amendment No. 2 to the Maintenance Services Agreement (MSA) With Yunex LLC for Traffic
Signal and Street Light Maintenance Services
SUMMARY
This report seeks the City Council’s consideration of approval for Amendment No. 2 (second amendment) to the Maintenance Services Agreement (MSA) with Yunex LLC . (Yunex), for Traffic Signal and Street Light Maintenance Services. This amendment will allow the City to extend the original contract term for a period of two (2) additional years and to include an adjusted rate increase of 5% for Fiscal Year 2023 -24 and 2.5% for Fiscal Year 2024-25 pursuant to the Consumer Price Index (CIP) for Los Angeles/ Long Beach/ Anaheim Area.
All other provisions of the MSA will remain in effect.
RECOMMENDATION
Staff recommends that Council:
1. Approve Amendment No. 2 to the Maintenance Services Contract with Yunex for Traffic Signal and Street Light Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Fiscal Year 2023-24 and 2.5% for Fiscal Year 2024-25 due to CPI increase; and,
2. Approve an increase to the annual not-to-exceed contract amount from $100,000 to $105,000 due to the CPI increase; and
3. Authorize the Mayor and City Clerk to execute Amendment No. 2; and,
4. Authorize the Finance Director to make necessary budget adjustments per the increase of rates to allow payments approved FY 2023-24.
FISCAL IMPACT
There is no impact to the General Fund. The FY 2023-24 operations budget approved by City Council on June 21, 2023, includes a budget ed amount of $125,000 for traffic signal and street light maintenance services. The Amendment No. 2 will not exceed the amount of $105,000 in the current fiscal year, nor will it exceed the budgeted amount in the subsequent fiscal years.
BACKGROUND
The City currently owns and maintains 60 traffic signal systems, approximately 430 streetlights, and various traffic control safety devices (e.g., speed feedback signs, flashing beacons, L.E.D. crosswalk systems). These facilities must be maintained in a s afe and efficient manner to ensure the proper operation of the city’s transportation system.
On August 15, 2018, the City Council awarded a maintenance service contract to SIEMENS Mobility, Inc. for the maintenance of these facilities. On November 12, 2020, SIEMENS AG (parent company) announced that their business unit, Intelligent Traffic Systems (ITS), will be carved out into a separately managed entity within Siemens and be named Yunex LLC. As of July 1st, 2021, SIEMENS Mobility became Yunex LLC.
On March 18th, 2022, Amendment No. 1 to the MSA was executed pursuant to the change of name of service provider with the original terms of the MSA remaining in effect.
DISCUSSION
The existing Maintenance Service Agreement (MSA) with Yunex concluded its term on October 1st, 2021, and subsequently added two (2) additional one-year extensions in accordance with the original contract's provisions, which permitted time extensions through mutual agreement of the parties . However, the automatic renewal options outlined in the contract have been exhauste d and there is no mechanism in place for an additional extension. With the expiration of the current MSA on October 1st, 2023, there is a need for a second amendment to further extend the contract term . During the intervening time, t he City and Yunex have mutually decided to sustain current service levels on a month-to-month basis. This second amendment to the MSA is aimed at ensuring uninterrupted vital services while providing ample time for the City to initiate a Request for Proposal (RFP) process for a new MSA.
Additionally, Amendment No. 2 to the MSA also includes a provision for adjustments to the rates based on CPI and comprised of 5% for Fiscal Year 2023-24 and 2.5% for Fiscal Year 2024-25. All other provisions of the MSA will remain in effect. If approved, the rates will go into effect on January 1 st, 2024, and will be in place until
September 30th, 2025.
ALTERNATIVES
1. The City Council may choose not to approve a second amendment and request to send out a Request for Proposal (RFP) for a new Traffic Signal and Street Light Maintenance Agreement. This action is not recommended as this may interrupt vital services.
2. The City C ouncil may choose not to approve a second amendment and allow to piggy- back on another City’s Agreement with Yunex LLC.
3. City Council may direct staff with alternative direction.
CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutor ily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, it has been determined that the action does not constitute a “project” under CEQA.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Amendment No. 2 – Extension of Contract with CPI increase
2. Contract Extension Request with CPI Increase
3. Appendix “A” Updated Unit Price Schedule
4. Copy of original MSA for Traffic Signal and Street Light Maintenance services
5. Copy of Amendment No. 1 – Change of Name of Service Provider AMENDMENT NO. 2 TO TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES AGREEMENT THIS AMENDS THE AGREEMENT entered into on the 5th day of September 2018. THE SECOND AMENDMENT TO TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES AGREEMENT (this “Second Amendment”) is dated as of November 28, 2023 (the “Amendment Date”), and entered into by and between the CITY OF BALDWIN PARK, a California municipal corporation (the “City”), and YUNEX LLC, (Service Provider, Formerly known as SIEMENS Mobility Inc.) RECITALS A. The City and YUNEX LLC., entered into a TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES Agreement dated September 5th, 2018 (the “Agreement”), which, assigned SIEMENS INC, INTELLENT TRAFFIC SYSTEMS UNIT (ITS) as the service provider named to perform during the term of this Agreement, the tasks, obligations, and services set forth in the “Scope of Services” listed as Exhibit A in the agreement; and, B. Subsequent to the Effective Date of the Agreement, Assignor divested its ITS business to a separate entity, YUNEX LLC; and, C. As of the Effective Date of this Amendment No. 2, the Agreement as amended by Amendment No. 1 on March 18, 2022, remains in effect. THEREFORE, THE TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE AGREEMENT IS AMENDED AS FOLLOWS: 1. The City and Yunex LLC mutually acknowledge and consent to extending the contract for an additional two (2) years with an adjustment of rates by 5% for FY23-24 and 2.5% for FY24-25, pursuant to the Consumer Price Index for the Los Angeles/ Long Beach/ Anaheim area. 2. Section 2, “COMPENSATION.” is amended to update compensation set forth in the Agreement as Exhibit B Titled “SCHEDULE OF COMPENSATION” Appendix "A” to reflect the adjustment of rates by 5% for FY23-24 and 2.5% for FY24-25 and shall not to exceed amount of $105,000 annual budget for each FY 23-24 and FY24-25. The schedule of compensation in Exhibit B, Appendix “A” of the Agreement shall be replaced with the attached revised Appendix “A” (Attachment 1). 3. Section 3, “TIME FOR PERFOMANCE.” is amended to update the Agreement’s performance term as follows: A. Commencement Date: October 1, 2023 B. Expiration Date: September 30, 2025 TO EFFECTUATE THIS SECOND AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Second Amendment, the duly authorized representatives of the parties have executed this Second Amendment as of the Amendment Date.
CITY OF BALDWIN PARK, a California municipal corporation By: ____________________________________ Emmanuel J. Estrada, Mayor Date: ______________________, 2023 YUNEX LLC, a limited liability company By: ____________________________________ Steve Teal, Portfolio Unit Head Date: _____________________, 2023 By: ____________________________________ Mike Hutchens, Operations Manager Date: ______________________, 2023 ATTEST: __________________________________ City Clerk
Yunex LLC
1026 E. Lacy Ave
Anaheim, CA 92805
714.284.0206
714.284.1150 Fax
https://yunextraffic.com
November 29, 2023
Anthony Vazquez
City of Baldwin Park
13135 Garvey Ave.
Baldwin Park, CA, 92648
Subject: FY23-24 & FY24-25; Contract Extension
Dear Mr. Vazquez,
This letter shall serve as our official request for a contract extension for the 2023-2024 and 2024-2025 fiscal years. With this extension our new rates will be adjusted by a rate increase of 5% for the 2023-2024 fiscal year and 2.5% for the 202 4-2025 fiscal year pursuant to the Consumer Price Index for the Los Angeles/Long Beach/Anaheim area. A copy of the report is attached for reference. With this increase, Yunex LLC will continue providing traffic signal maintenance services as per the terms and conditions of the existing agreement (“Traffic Signal and Street Light Maintenance Services Agreement by and between the City of Baldwin Park and Siemens Mobility, Inc.” Dated September 5th, 2018) between Yunex LLC, and the City of Baldwin Park for two additional years (October 1st , 2023 to September 30th , 2024) and (October 1st , 2024 to September 30th , 2025).
We feel we have completed another successful and mutually beneficial year with the City of Baldwin Park. We thank you for your business and we are looking forward to continuing servicing all your maintenance needs.
Please feel free to contact me if you have any questions or concerns.
Sincerely,
YUNEX LLC
Joshua Ferras
Joshua Ferras
Project Manager
June 6, 2018 Traffic Signal Maintenance Services - RFP Page 22 APPENDIX “A” CONTRACT UNIT PRICE SCHEDULE OF TRAFFIC SIGNAL MAINTENANCE ITEMS 1. Routine Maintenance: Each signalized intersection, per month Qty. Unit Cost TOTAL Each pole mounted Flashing Beacon, per month Overpass Bridge Light Maintenance, per month Sub-Total 2. Semi-Annual Maintenance (except after rains): a. Video Detection System maintenance where applicable, clean video detection camera lens as needed b. Signal Lenses and Signs maintenance c. CCTV Cameras where applicable, clean camera lens as needed d. Battery Back-Up System Maintenance e. Replace controller cabinet filter f. Stationary speed feedback signs Sub-Total: $ 60 69.83 4,189.80
4 33.60 134.40
1 31.50 31.50
4,355.70
Per Camera 52.50
Per Corner
Per Camera
Per System
Per Cabinet
Per Sign
126.00
57.75 30.45
3.68 29.40
*Sub-total assumes:
1 ea Item 2(a.)
1 ea Item 2(b.)
1 ea Item 2(c.)
22 ea Item 2(d.)
60 ea Item 2(e.)
20 ea Item 2(f.)
1,714.95*
Rev 1.0 August 27th, 2018
June 6, 2018 Traffic Signal Maintenance Services - RFP Page 23
3. Annual Maintenance: Field check paint condition and prepare an annual painting list of twenty (20) locations/year. a. Painting of pedestrian heads and signal heads 1) Signal Head $ Including frameworks per signalized intersection, 2) Ped Head $ excluding controller and electric service cabinets 3) PPB $ Sub-Total for 20 locations Unscheduled/Emergency Work (“Extra Work") 4. Extraordinary Maintenance: a. Replacement of standard 6’ circular detector Loops including saw cut lead-in and cable splicing b. Installation of completed new pedestrian head with Walkman/Hand indication and solid state transformer c. Completed testing of traffic signal controller cabinets, including all internal equipment and written certification d. Painting of traffic signal controller cabinet and Type II I electric service cabinet per signalized Intersection (if needed) e. Replace existing signal lights assembly with LED unit f. Installation of three-section traffic signal heads With 12-inch glass lenses, backplates, and frameworks g. Replace Type 1A pole $ h. Material and Parts: Supplier's invoice amount plus 15% markup $ 2,205.00
787.50
262.50
65,100.00*
*Sub-Total is based upon an average sized intersection (16 signals, 8 peds, 8 PPBs) 15% as noted
472.50
556.50
1,034.25
456.75
115.50
1,044.75
708.75
*Includes signal housing, framework, backplate, three visors, RYG or RA-YA-GA LEDs June 6, 2018 Traffic Signal Maintenance Services - RFP Page 24 Regular Time Per Hour Overtime Per Hour h. Labor: Traffic Signal Maintenance Supervisor Traffic Signal Technician I Traffic Signal Technician II $ Traffic Signal Laborer Traffic Signal Apprentice Trainer Other Other Rate per Hour i. Equipment: Pickup Truck Service Truck Service/Ladder Truck Boom/Ladder Truck Water Truck Concrete Saw and Truck Air Compressor with Tools Crane Bucket Truck 136.50 136.50 $136.50 128.10 158.00 $189.00
113.40 134.40 $156.45 Premium
Per Hour
*
*Premium to be charged for Sundays, Holidays and any additional circumstances as outlined per the Davis Bacon Act and the State of California Department of Industrial Relations (Prevailing Wage guidelines)
99.75 147.00 $147.00 105.00 126.00 $147.00 136.50 136.50 $136.50 128.10 158.55 $189.00Crane Operator None
23.10 26.25
Not Safe
27.30 23.10
26.25 5.25
47.25 27.30
Western Information Office
News Release Information
22-1852-SAN
Tuesday, September 13, 2022
Contacts
Technical information:
(415) 625-2270
[email protected]
www.bls.gov/regions/west
Media contact:
(415) 625-2270
Related Links
CPI historical databases
Bureau of Labor StatisticsGeographic InformationWesternNews Release Consumer Price Index, Los Angeles area — August 2022
Area prices were up 0.1 percent over the past month, up 7.6 percent from a year ago Prices in the Los Angeles area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), increased 0.1 percent in August, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Chris Rosenlund noted that the August increase was influenced by higher prices for shelter and apparel. (Data in this report are not seasonally adjusted.
Accordingly, month-to-month changes may reflect seasonal influences.) Over the last 12 months, the CPI-U increased 7.6 percent. (See chart 1 and table A.) Food prices advanced 9.2 percent. Energy prices rose 20.7 percent, largely the result of an increase in the price of gasoline. The index for all items less food and energy rose 6.2 percent over the year. (See table 1.)
View Chart Data
Food
Food prices increased 0.5 percent for the month of August. (See table 1.) Prices for food at home increased 0.3 percent, led by higher prices for cereals and bakery products (2.0 percent). Prices for food away from home advanced 0.7 percent for the same period.
Over the year, food prices advanced 9.2 percent. Prices for food at home rose 12.1 percent since a year ago. Price increases across food at home expenditure categories ranged from 7.6 percent for meats, poultry, fish, and eggs to 17.7 percent for other food at home. Prices for food away from home advanced 5.8 percent.
Energy
The energy index declined 5.0 percent over the month. The decrease was mainly due to lower prices for gasoline (-10.0 percent). Electricity prices were unchanged, while natural gas service prices advanced 11.0 percent for the same period.
Energy prices rose 20.7 percent over the year, largely due to higher prices for gasoline (22.6 percent). Prices paid for natural gas service increased 30.6 percent, and prices for electricity increased 10.4 percent during the past year.
All items less food and energy
The index for all items less food and energy increased 0.5 percent in August. Higher prices for apparel (9.2 percent) and shelter (0.8 percent) were partially offset by lower prices for medical care (-2.0 percent) and household furnishings and operations (-1.4 percent).
Over the year, the index for all items less food and energy rose 6.2 percent. Components contributing to the increase included new and used motor vehicles (13.4 percent), medical care (6.9 percent), and shelter (5.2 percent).
Table A. Los Angeles-Long Beach-Anaheim, CA, CPI-U 1-month and 12-month percent changes, all items index, not seasonally adjusted Month
2018 2019 2020 2021 2022
1-month12-month1-month12-month1-month12-month1-month12-month1-month12-month January 0.8 3.5 0.7 3.2 0.8 3.1 0.2 0.9 1.1 7.5
February 0.7 3.6 0.1 2.5 0.3 3.4 0.4 1.0 0.3 7.4
March 0.4 3.8 0.6 2.7 0.7 1.9 0.5 2.2 1.5 8.5
April 0.4 4.0 1.0 3.3 -0.3 0.7 1.1 3.6 0.5 7.9
May 0.4 4.1 0.2 3.1 0.4 0.9 0.6 3.9 0.8 8.0
June -0.2 4.0 0.0 3.3 0.5 1.4 0.6 4.0 1.1 8.6
July 0.2 3.9 0.1 3.3 0.6 1.9 0.6 3.9 -0.2 7.7
August 0.2 3.9 0.0 3.0 0.1 2.0 0.2 4.0 0.1 7.6
September 0.5 3.9 0.5 3.0 -0.3 1.2 0.3 4.6
U.S. BUREAU OF LABOR STATISTICS
Search Western RegionGo
Western Home Western Geography Western Subjects Western Archives Contact Western Month
2018 2019 2020 2021 2022
1-month12-month1-month12-month1-month12-month1-month12-month1-month12-month October 0.5 4.1 0.7 3.2 0.2 0.7 0.9 5.4
November -0.3 3.6 -0.3 3.2 0.1 1.0 0.6 6.0
December -0.3 3.2 -0.6 3.0 -0.2 1.5 0.4 6.6
The September 2022 Consumer Price Index for the Los Angeles area is scheduled to be released on October 13, 2022.
Technical Note
The Consumer Price Index (CPI) is a measures of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force.
The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments—department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index.
The index measures price changes from a designated reference date; for most of the CPI-U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the Internet at www.bls.gov/cpi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov/opub/hom/cpi/.
In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period.
The Los Angeles-Long Beach-Anaheim, CA metropolitan area includes Los Angeles and Orange Counties in California.
Information in this release will be made available to sensory impaired individuals upon request. Voice phone: 202-691-5200; Telecommunications Relay Service: 7-1-1.
Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods Los Angeles-Long Beach-Anaheim (1982-84=100 unless otherwise noted) Item and Group
Indexes Percent change from-
Historical
data
Jun.
2022
Jul.
2022
Aug.
2022
Aug.
2021
Jun.
2022
Jul.
2022
Expenditure category
All items
314.072313.415313.6087.6 -0.1 0.1
All items (1967=100)
927.908925.967926.537 - - -
Food and beverages
314.494316.016317.7369.0 1.0 0.5
Food
315.862317.530319.0219.2 1.0 0.5
Food at home
307.614309.766310.55812.1 1.0 0.3
Cereals and bakery products
315.506325.385331.84117.4 5.2 2.0
Meats, poultry, fish, and eggs
340.484337.476337.2477.6 -1.0 -0.1
Dairy and related products
300.685302.333304.34713.5 1.2 0.7
Fruits and vegetables
421.056420.071417.611 9.3 -0.8 -0.6
Nonalcoholic beverages and beverage materials(1)
297.600295.495296.1948.4 -0.5 0.2
Other food at home
237.795243.595244.15917.7 2.7 0.2
Food away from home
318.245319.227321.6025.8 1.1 0.7
Alcoholic beverages
275.268274.646279.4735.9 1.5 1.8
Housing
349.329349.523352.2476.0 0.8 0.8
Shelter
396.161397.446400.6935.2 1.1 0.8
Rent of primary residence(2)
419.626420.576423.2394.9 0.9 0.6
Owners' equiv. rent of residences(2)(3)
410.336412.096415.1074.9 1.2 0.7
Footnotes
(1) Indexes on a December 1977=100 base.
(2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base.
(4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base.
(6) Indexes on a December 1997=100 base.
- Data not available
NOTE: Index applies to a month as a whole, not to any specific date.
Item and Group
Indexes Percent change from-
Historical
data
Jun.
2022
Jul.
2022
Aug.
2022
Aug.
2021
Jun.
2022
Jul.
2022
Owners' equiv. rent of primary residence(1)(2)
410.312412.073415.0834.9 1.2 0.7
Fuels and utilities
452.268438.677450.05014.1 -0.5 2.6
Household energy
413.181392.117405.97717.2 -1.7 3.5
Energy services(2)
410.501390.049403.90217.1 -1.6 3.6
Electricity(2)
429.503424.685424.68510.4 -1.1 0.0
Utility (piped) gas service(2)
415.134364.677404.711 30.6 -2.5 11.0
Household furnishings and operations
131.664132.307130.5007.1 -0.9 -1.4
Apparel
117.065112.323122.6209.8 4.7 9.2
Transportation
284.834279.034269.67713.8 -5.3 -3.4
Private transportation
285.890281.262272.44913.7 -4.7 -3.1
New and used motor vehicles(4)
115.058116.193116.34513.4 1.1 0.1
New vehicles(1)
194.139194.191194.8286.1 0.4 0.3
Used cars and trucks(1)
404.909406.991405.3608.5 0.1 -0.4
Motor fuel
480.589451.041406.12522.9-15.5-10.0
Gasoline (all types)
469.166439.859395.77022.6-15.6-10.0
Gasoline, unleaded regular(4)
471.683441.781396.97822.8-15.8-10.1
Gasoline, unleaded midgrade(4)(5)
445.477418.631377.87822.1-15.2 -9.7
Gasoline, unleaded premium(4)
443.040417.067377.30922.0-14.8 -9.5
Medical care
554.625557.440546.3726.9 -1.5 -2.0
Recreation(6)
118.720119.450120.0673.6 1.1 0.5
Education and communication(6)
154.579155.764157.3995.8 1.8 1.0
Tuition, other school fees, and child care(1)
2,163.8452,170.1052,216.40012.5 2.4 2.1
Other goods and services
484.584488.129489.1875.2 0.9 0.2
Commodity and service group
All items
314.072313.415313.6087.6 -0.1 0.1
Commodities
221.928220.404218.8539.9 -1.4 -0.7
Commodities less food & beverages
172.891170.243167.48010.7 -3.1 -1.6
Nondurables less food & beverages
247.147238.862232.39513.4 -6.0 -2.7
Durables
105.694106.710106.4957.1 0.8 -0.2
Services
394.879395.063396.9146.5 0.5 0.5
Special aggregate indexes
All items less medical care
303.497302.707303.3397.7 -0.1 0.2
All items less shelter
277.836276.302275.119 9.3 -1.0 -0.4
Commodities less food
177.844175.215172.61510.4 -2.9 -1.5
Nondurables
282.410278.960276.53210.8 -2.1 -0.9
Nondurables less food
252.050244.139238.29512.8 -5.5 -2.4
Services less rent of shelter(3)
403.984402.499402.2608.4 -0.4 -0.1
Services less medical care services
379.967379.974382.7026.4 0.7 0.7
Energy
456.205429.904408.39020.7-10.5 -5.0
All items less energy
307.564308.450309.9536.7 0.8 0.5
All items less food and energy
306.206306.958308.4636.2 0.7 0.5
Footnotes
(1) Indexes on a December 1977=100 base.
(2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base.
(4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base.
(6) Indexes on a December 1997=100 base.
- Data not available
NOTE: Index applies to a month as a whole, not to any specific date.
Last Modified Date: Tuesday, September 13, 2022
June 6, 2018
Traffic Signal Maintenance Services - RFP
APPENDIX “B
CONTRACT UNIT PRICE SC EDULE
OF TRAFFIC SI NAL MAINTENANCE ITEMS
1. Routine Maintenance:
Each signalized intersection,
per month
Qty. Unit Cost TOTAL
Each pole mounted Flashing
Beacon, per month
Overpass Bridge Light
Maintenance, per month
Sub-Total
2. Semi-Annual Maintenance (except after rains):
a. Video Detection System maintenance where applicable, clean video detection camera lens as needed
b. Signal Lenses and Signs maintenance
c. CCTV Cameras where applicable, clean camera lens as
needed
d. Battery Back-Up System Maintenance
e. Replace controller cabinet filter
f. Stationary speed feedback signs
Sub-Total: $
60 71.58 4,294.80
4 34.44 137.76
1 3 2.29 3 2.29
4,464.85
Per Camera 53.81
Per Corner
Per Camera
Per System
Per Cabinet
Per Sign
129.15
59.19 31.21