CITY OF INDUSTRY
CITY COUNCIL
REGULAR MEETING CAL OF LOUISTRE Mayor Cory C. Moss
AGENDA
* 1957 Mayor Pro Tem Cathy Marcucci
Council Member Michael Greubel
AUGUST 10, 2023 ANGELES CON Council Member Mark D. Radecki 9:00 AM Council Member Newell Ruggles
Location: City Council Chambers,
15651 Mayor Dave Way, City of Industry
Califomia
Addressing the City Council:
Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda.
In order to conduct a timely meeting, there will be a three-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
Public Comments (Non-Agenda Items): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a three-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.
Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.
At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement.
www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 295 807 919 356
Meeting Passcode: TBSa4d
Or call in (audio only)
+1 657-204-3264.
Phone Conference ID: 312 653 068#
Americans with Disabilities Act:
In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk's Office (626) 333-2211. Notification of at least 48 bours paces hit neeting wil assist staff in assuring that reasonable arrangements can be made to Agendas and other writings:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, Califomia, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
AUGUST 10. 2023
PAGE NO. 1
Call to Order
Flag Salute
AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Public Comment
6. CONSENT CALENDAR
6.1 Consideration of the Register of Demands for August 10, 2023 RECOMMENDED ACTION: of
Demands and aut Acte appropriate Gily oricials to pay the ister
6.2 Consideration of Resolution No. CC 2023-45 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO THE INDUSTRY SHERIFF'S YOUTH
ATHLETIC LEAGUE, IN THE AMOUNT OF THIRTY THOUSAND
DOLLARS ($30,000.00), FOR ITS FALL FESTIVAL PROGRAM
RECOMMENDED ACTION: Adopt Resolution No. CC 2023-
45. 6.3 Consideration of Change Orders Nos. 19 through 23, in the amount of $51,054.89, for Contract No. CITY-1494, 15710-15718 Rausch Road Building and Site Improvements
RECOMMENDED ACTION: Approve Change Order Nos. 19
through 23.
6.4 Consideration of Amendment No. 2 to the Professional Services Agreement with Dapeer, Rosenblit and Litvak, LLP, for code enforcement legal services, extending the term through June 30, 2028, updating the rate schedule, updating the address of the City, and updating the indemnity provisions consistent with best practices
RECOMMENDED ACTION: Approve Amendment No. 2.
6.5 Consideration of a Template License Agreement to Enter Private Property for City projects (JN-6201)
RECOMMENDED ACTION: Approve Template
Agreement and authorize the City Manager to enter into the Agreement as necessary for City projects.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
AUGUST 10, 2023
PAGE NO. 2
6.6 Consideration of an Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority fo articipation in a joint Dominguez Channel/Harbor Toxic Total Maximun Daily Load (TMDL) Monitoring Program
RECOMMENDED ACTION: Approve the Agreement.
6.7 Consideration of the Homestead Museum Bridge Plan
RECOMMENDED ACTION: Authorize Staff to complete the
steps outlined in the Museum Bridge Plan.
CLOSED SESSION
7.1 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b) (1)
TITLE: CITY MANAGER
7.2 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b) (1)
TITLE: CITY CLERK
CITY MANAGER REPORTS
9. AB 1234 REPORTS
10. CITY COUNCIL COMMUNICATIONS
11. Adjournment. The next regular City Council Meeting is Thursday, August 24, 2023, at 9:00 a.m.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
AUGUST 10, 2023
PAGE NO. 3
CITY COUNCIL
ITEM NO. 6.1
CITY OF INDUSTRY
AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF AUGUST 10, 2023
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 4,961,972.77
103 PROP A FUND 16,375.50
107 MEASURE W FUND 11,900.00
120 CAPITAL IMPROVEMENTS 382,714.42
TOTAL ALL FUNDS 5,372,962.69
BANK RECAP:
BANK NAME DISBURSEMENTS
BANK OF AMERICA - CKING ACCOUNT 2,305,720.03
PROPIA PROP A - CKING ACCOUNT 16,375.50
M/W MEASURE W - CKING ACCOUNT 11,900.00
WELLS FARGO - CKING ACCOUNT 3,038,967.16
TOTAL ALL BANKS 5,372,962.69
APPROVED PER CITY MANAGER DATE
8/3/2023
CITY OF INDUSTRY P. 1
BANK OF AMERICA
August 10, 2023
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1334 07/26/2023 JOHN HANCOCK USA $5,720.03
Invoice Date Description Amount
7/8/23-7/21/23 07/26/2023 PARS CONTRIBUTIONS FOR 7/8-7/21/23 $5,720.03 24578 07/26/2023 CITY OF INDUSTRY $2,300,000.00
Invoice Date Description Amount
7/26/23 07/26/2023 TRANSFER FUNDS-CITY REG 7/27123 $2,300,000.00 Checks Status Count Transaction Amount
Total 2 $2,305,720.03
CITY OF INDUSTRY P. 2
PROP A
August 10, 2023
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90509 08/02/2023 SOUTHERN CALIFORNIA EDISON $224.80
Invoice Date Description Amount
2024-00000170 07/21/2023 06/20-07/20/23 SVC - 600 S BREA CYN RD B $224.80 90510 08/10/2023 CNC ENGINEERING $13,467.50
Invoice Date Description Amount
508218 07/27/2023 METROLINK STATION COMMUTER RAIL STATION $190.00 508219 07/27/2023 FULLERTON RD GRADE SEPARATION $2,257.50 508220 07/27/2023 FAIRWAY DR GRADE SEPARATION $185.00
508367 07/27/2023 METROLINK STATION COMMUTER RAIL STATION $727.50 508368 07/27/2023 FULLERTON RD GRADE SEPARATION $1,140.00 508369 07/2712023 FULLERTON RD GRADE SEPARATION $3,977.50 508370 07/2712023 FAIRWAY DR GRADE SEPARATION $4,990.00 90511 08/10/2023 INDUSTRY SECURITY SERVICES $2,683.20
Invoice Date Description Amount
392 07/21/2023 SECURITY SVC-METROLINK $2,683.20
Checks Status count Transaction Amount
Total 3 $16,375.50
..
CITY OF INDUSTRY P. 3
MEASURE W
August 10, 2023
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure: W Wells Fargo Checking
300049 08/10/2023 CASC ENGINEERING AND CONSULTIN $3,100.00 Invoice Date Description Amount
49135 06/30/2023 NPDES CONSULTING SVC $3,100.00
300050 08/10/2023 ONG ENGINEERING $8,800.00
Invoice Date Description Amount
508365 07/27/2023 FOUR GRADE SEPARATION PUMP STATION $1,355.00 508366 07/27/2023 NPDES STORM WATER $5,090.00
508213 07/27/2023 NDES STORM WATER $2,355.00
Checks Status Count Transaction Amount
Total 2 $11,900.00
CITY OF INDUSTRY P. 4
WELLS FARGO WIRE TRANSFERS
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
WT10046 07/31/2023 CALIFORNIA DEPT OF TAX AND FEE A $11,361.00 Invoice Date Description Amount
7/31/2023 07/31/2023 IH FUEL STORAGE TANK TAXES FY 22/23 $11,361.00 Checks Status Count Transaction Amount
Total 1 $11,361.00
CITY OF INDUSTRY P. 5
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81016 07/20/2023 CITY OF INDUSTRY-PAYROLL ACCT $150,000.00 Invoice Date Description Amount
PR P/E 717/23 07/14/2023 REPLENISH PAYROLL FOR P/E 717/23 $150,000.00 81017 07/20/2023 LIEBERT CASSIDY WHITMORE $4,830.00
Invoice Date Description Amount
244748 06/24/2023 LIBRARY SUBSCRIPTION FY 23/24 $4,830.00 81018 07/20/2023 THREE VALLEYS MUNICIPAL WATER DIS $2,996.80 Invoice Date Description Amount
6332 05/31/2023 05/01-05/31/23 SVC - TONNER CYN $2,996.80 81019 07/26/2023 FRONTIER $294.38
Invoice Date Description Amount
2024-00000136 07/10/2023 07/10-08/9/23 SVC - 600 BREA CYN RD $294.38 81020 07/26/2023 SAN GABRIEL VALLEY WATER CO. $9,221.43 Invoice Date Description Amount
2024-00000142 07/13/2023 06/12-07/12/23 SVC - 132 IRRIG PUENTE $480.00 2024-00000143 07/13/2023 06/12-07/12/23 SVC - 13756 VALLEY $236.60 2024-00000144 07/13/2023 06/12-07/12/23 SVC-123 IRRIG WORKMAN MILL $298.56 2023-00002174 06/26/2023 05/24-06/23/23 SVC - CROSSROADS PKY S $1,427.07 2023-00002175 06/26/2023 05/24-06/23/23 SVC - STA 103-80 CROSSROADS PKY S $238.56 2023-00002176 06/26/2023 05/24-06/23/23 SVC - CROSSROADS PKY S $878.30 2023-00002177 06/26/2023 05/24-06/23/23 SVC - CROSSROADS PKY N $550.81 - 2023-00002178 06/26/2023 05/24-06/23/23 SVC - STA 129-00 CROSSROADS PKY N $1,128.09 2023-00002179 06/26/2023 05/24-06/23/23 SVC - STA 111-50 CROSSROADS PKY N $428.86 CITY OF INDUSTRY P. 6
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2023-00002180 06/26/2023 05/24-06/23/23 SVC - PELLISSIER $488.85 2023-00002181 06/26/2023 05/24-06/23/23 SVC - PELLISSIER. $897.97 2023-00002182 06/26/2023 05/24-06/23/23 SVC - PECK/UNION PACIFIC B $218.90 2023-00002183 06/26/2023 05/24-06/23/23 SVC - S/E COR OF PELLISSIER $1,365.11 2023-00002184 06/26/2023 05/24-06/23/23 SVC - PELLISSIER $583.75 81021 07/26/2023 SOUTHERN CALIFORNIA EDISON $5,198.35
Invoice Date Description Amount
2024-00000137 07/17/2023 06/14-07/16/23 SVC - 15718 RAUSCH RD $421.50 2024-00000138 07/17/2023 06/14-07/16/23 SVC - 17635 GALE AVE $4,314.31 2024-00000139 07/17/2023 06/14-07/16/23 SVC - 1023 U FAIRWAY DR $166.04 2024-00000140 07/17/2023 06/14-07/16/23 SVC - 1341 FULLERTON DR $173.47 2024-00000141 07/17/2023 06/14-07/16/23 SVC - PECK RD S/O PELISIER $32.08 2024-00000145 07/17/2023 06/01-06/30/23 SVC - 600 S BREA CYN-METROLINK $90.95 81022 08/01/2023 FIDELITY SECURITY LIFE INSURANCE/EY $1,214.78 Invoice Date Description Amount
165890224 08/01/2023 VISION PREMIUM FOR AUGUST 2023 $1,214.78 81023 08/01/2023 MUTUAL OF OMAHA - PAYMENT PROCES 57,263.24 Invoice Date Description Amount
1560245399 08/01/2023 LIFE INS PREMIUM AUGUST 2023 $7,263.24 81024 08/01/2023 SPARKLETTS $236.99
Invoice Date Description Amount
21654939.072823 07/28/2023 WATER DELIVERY $236.99
'CITY OF INDUSTRY P. 7
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81025 08/01/2023 UNUM LIFE INSURANCE COMPANY OF AI $7,260.20 Invoice Date Description Amount
8/1-8/31/23 07/19/2023 LONG TERM CARE PREMIUM FOR AUGUST 2023 $7,260.20 81026 08/02/2023 AT & T $190.89
Invoice Date Description Amount
: 2024-00000175 07/17/2023 07/05-08/04/23 SVC - TONNER GUARD SHACK $190.89 81027 08/02/2023 AT & T $179.00
Invoice Date Description Amount
6785230805 07/23/2023 06/19-07/18/23 SVC - 600 S. BREA CYN-METROLINK $179.00 81028 08/02/2023 FRONTIER $392.80
Invoice Date Description Amount
2024-00000153 07/16/2023 07/16-08/15/23 SVC - PH AUTO PLAZA $204.31 2024-00000154 07/16/2023 07/16-08/15/23 SVC - BREA CYN PUMP STN $94.95 2024-00000176 07/19/2023 07/19-08/18/23 SVC - 23400 E FORK AZUSA 91702 $93.54 81029 08/02/2023 L A COUNTY REGISTRAR-RECORDER/CO $75.00 Invoice Date Description Amount
CUP 23-01 07/26/2023 FEE-NOTICE OF DETERMATION FOR JN 9399 $75.00 81030 08/02/2023 ROWLAND WATER DISTRICT $1,895.11
Invoice Date Description Amount
2024-00000183 07/26/2023 06/07-07/10/23 SVC - AZUSA AVE - RC $90.23 2024-00000184 07/26/2023 06/07-07/10/23 SVC - 755 NOGALES AT -RC $279.52 2024-00000185 07/26/2023 06/07-07/10/23 SVC - 909 U NOGALES ST - IRR $619.25 CITY OF INDUSTRY P. 8
•WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00000186 07/26/2023 06/07-07/10/23 SVC - 1100 S AZUSA AVE $188.04 2024-00000187 07/26/2023 06/07-07/10/23 SVC - 1123 HATCHER ST STE D $80.69 2024-00000188 07/26/2023 06/07-07/10/23 SVC - 1135 HATCHER AVE $45.05 2024-00000189 07/26/2023 06/07-07/10/23 SVC - 1123 HATCHER ST STE C $108.41 2024-00000190 07/26/2023 06/07-07/10/23 SVC - 1015 NOGALES ST - PUMP HOUSE $327.99 2024-00000191 07/26/2023 06/07-07/10/23 SVC - 1023 NOGALES ST - IRR $155.93 81031 08/02/2023 SAN GABRIEL VALLEY WATER CO. $952.36
Invoice Date Description Amount
2024-00000155 07/18/2023 06/14-07/17/23 SVC - 336 EL ENCANTO $54.31 2024-00000156 07/17/2023 06/13-07/13/23 SVC - 14329 VALLEY $665.88 2024-00000192 07/26/2023 06/23-07/25/23 SVG - IRRIG SALT/LAKE SEVENTH $232.17 81032 08/02/2023 SOCALGAS $126.91
Invoice Date Description Amount
2024-00000157 07/18/2023 06/14-07/14/23 SVC - 1004 U FAIRWAY DR $14.79 2024-00000158 07/24/2023 06/20-07/20/23 SVC - 13756 VALLEY BLVD $16.45 2024-00000159 07/18/2023 06/14-07/14/23 SVC - 610 S BREA CYN RD $29.56 2024-00000193 07/25/2023 06/21-07/21/23 SVG - 15415 E. DON JULIAN RD $66.11 81033 08/02/2023 SOUTHERN CALIFORNIA EDISON $38,671.87
Invoice Date Description Amount
2024-00000160 07/20/2023 06/14-07/16/23 SVC - VARIOUS SITES $43.69 2024-00000161 07/20/2023 06/14-07/16/23 SVC - VARIOUS SITES $7,145.83 2024-00000162 07/20/2023 06/14-07/16/23 SVC - VARIOUS SITES $1,531.56 2024-00000163 07/21/2023 06/01-07/20/23 SVG - VARIOUS SITES $621.72 2024-00000164 07/20/2023 06/19-07/19/23 SVG - 14661 & 14911 CLARK AVE U $82.15 CITY OF INDUSTRY P. 9
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00000165 07/21/2023 06/20-7/20/23 SVC - 580 BREA CYN RD $10.06 2024-00000166 07/21/2023 06/20-07/20/23 SVC - 1007 LAWSON ST TC1 $77.92 2024-00000167 07/21/2023 06/20-07/20/23 SVC - 1004 U FAIRWAY DR $782.18 2024-00000168 07/18/2023 06/15-07/17/23 SVC - 900 NOGALES U $2,169.55 2024-00000177 07/24/2023 06/19-07/19/23 SVC - 1015 NOGALES ST $630.12 2024-00000178 07/20/2023 06/14-07/16/23 SVC - VARIOUS SITES $4,755.69 2024-00000194 07/27/2023 06/26-07/26/23 SVC - 15660 STAFFORD ST $6,041.43 2024-00000195 07/27/2023 06/26-07/26/23 SVC - 205 N HUDSON AVE $909.18 2024-00000196 07/25/2023 06/20-07/20/23 SVC - 575 BREA CANYON RD $5.88 2024-00000197 07/25/2023 06/22-07/24/23 SVC - VARIOUS SITES $1,192.03 2024-00000199 07/25/2023 10/25/22-07/24/23 SVC - VARIOUS SITES $12,672.88 81034 08/02/2023 SOUTHERN CALIFORNIA EDISON $952.43
Invoice Date Description Amount
2024-00000169 07/20/2023 06/14-07/16/23 SVC - 19001 TONNER CYN $11.42 2024-00000198 07/27/2023 06/26-07/26/23 SVC - 15530 STAFFORD ST $941.01 81035 08/02/2023 SUBURBAN WATER SYSTEMS $205.56
Invoice Date Description Amount
180061753898 07/21/2023 06/23-07/21/23 SVC - 205 HUDSON $74.17 181003658195 07/25/2023 06/28-07/24/23 SVC - AZUSA & GEMINI $131.39 81036 08/10/2023 100% AUTO CARE & DETAILED $760.00
Invoice Date Description Amount
112 07/17/2023 CAR WASH SVC-CITY VEHICLES $380.00
111 07/03/2023 CAR WASH SVC-CITY VEHICLES $380.00
CITY OF INDUSTRY P. 10
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81037 08/10/2023 ACORN TECHNOLOGY SERVICES $17,925.00
Invoice Date Description Amount
10344 07/01/2023 NETWORK MAINT $17,925.00
81038 08/10/2023 AIRESPRING ING $1,337.30
Invoice Date Description Amount
175010192 07/16/2023 INTERNET SVC-HOMESTEAD $1,337.30
81039 08/10/2023 ARAMARK REFRESHMENT SERVICES, LI $131.67 Invoice Date Description Amount
104810718 07/26/2023 COFFEE SVC & SUPPLIES $131.67
81040 08/10/2023 B2 PRINT, LLC $356.64
Invoice Date Description Amount
0012265 07/06/2023 BUSINESS CARDS-SAM P $75.70
0012264 07/06/2023 COI LETTER HEAD $280.94
81041 08/10/2023 BCN TELECOM, INC. $78.21
Invoice Date Description Amount
23572830 07/15/2023 PHONE LINES FOR ELEVATOR CITY HALL $78.21 81042 08/10/2023 BIGGS CARDOSA ASSOCIATES, INC. $9,979.75 Invoice Date Description Amount
86377 05/05/2023 ANAHEIM-PUENTE RD OVER SAN JOSE CREEK BRIDGE $9,979.75 81043 08/10/2023 BLAKE AIR CONDITIONING COMPANY $12,004.26 CITY OF INDUSTRY P. 11
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
64275 07/14/2023 AVC SVC-CITY HALL $327.20
64227 07/12/2023 AVC MAINT-EL ENCANTO $738.55
64152 07/11/2023 EXHAUST FAN REPAIR-EL ENCANTO $650.07
64131 06/29/2023 HVAC SVC-POST OFFICE $1,111.98
64149 06/30/2023 A/C REPAIR-CITY HALL $274.15
15024-001 07/07/2023 HVAC REPLACEMENT-EL ENCANTO FRONT OFFICES $6,324.00 64112 07/10/2023 HOT WATER PUMP REPAIRS-EL ENCANTO MECHANICAL $1,563.00 ROOM
64283 07/14/2023 HVAC REPAIR-FINANCE & TREASURY DEPT $688.11 64345 07/20/2023 AVC MAINT-EL ENCANTO $327.20
81044 08/10/2023 CALIFORNIA CONTRACT CITIES ASSOCIA $6,100.00 Invoice Date Description Amount
3821 07/06/2023 . ANNUAL MEMBERSHIP FY 23124 $6,100.00
81045 08/10/2023 CASC ENGINEERING AND CONSULTING $9,746.75 Invoice Date Description Amount
0049260 06/30/2023 IS/MND FOR 20701 CURRIER RD $500.00
0049257 06/30/2023 IS/MND - 15010 & 15100 NELSON AVE $406.00 0049258 06/30/2023 14940 PROCTOR AVE $7,521.50
0048760 04/30/2023 APN 15940-16012 AMAR RD/15940-16065 KAPLAN AVE $761.25 0049256 06/30/2023 APN 15940-16012 AMAR RD/15940-16065 KAPLAN AVE $558.00 81046 08/10/2023 CINTAS CORPORATION LOC 693 $166.22
Invoice Date Description Amount
4161745806 0717/2023 DOOR MATS $83.11
CITY OF INDUSTRY P. 12
WELLS FARGO BANK
August 10, 2023
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
07/24/2023 DOOR MATS $83.11
4162417381
81047 08/10/2023 CITY OF INDUSTRY $1,934.58
Date Description Amount
Invoice
2023-00000045 02/28/2023 IH FUEL PUMP-COI VEHICLES $560.56 2023-00000051 03/31/2023 IH FUEL PUMP-COI VEHICLES $400.50 2023-00000057 04/30/2023 IH FUEL PUMP-COI VEHICLES $492.22 2023-00000063 05/31/2023 IH FUEL PUMP-COI VEHICLES $336.70 2023-00000069 06/30/2023 IH FUEL PUMP-COI VEHICLES $144.60 81048 CITY OF INDUSTRY-PAYROLL ACCT $150,000.00
08/10/2023
Invoice Date Description Amount
PR P/E 7/21/23 07/31/2023 REPLENISH PAYROLL FOR P/E 7/21/23 $150,000.00 81049 08/10/2023 CIVILTEC ENGINEERING, INC $2,298.50
Invoice Date Description Amount
48744 07/10/2023 FOUR GRADE SEPARATION PUMP STATION $2,298.50 81050 08/10/2023 CNC ENGINEERING $201,521.25
Invoice Date Description Amount
508296 07/27/2023 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $275.00 508297 07/27/2023 EL ENCANTO IMPROVEMENTS $450.00
508298 07127/2023 KELLA AVE STORM DRAIN $430.00
508299 0712712023 FULLERTON RD RECONSTRUCTION $3,573.75 508300 07/27/2023 PRELIMINARY DESIGN OF EW BICYCLE PATH $19,565.00 508301 0712712023 PRELIMINARY DESIGN OF EW BICYCLE PATH $3,695.00 508302 07/27/2023 GENERAL ENG SVC 7/10-7/23/23 $5,025.00 CITY OF INDUSTRY P. 13
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
508303 07/27/2023 GENERAL ENG SVC-COUNTER SERVICE $8,716.25 508304 07/27/2023 GENERAL ENG SVC-PERMITS $21,843.75
508305 07/27/2023 GENERAL ENG SVC-PLAN APPROVAL $15,237.50 508306 07/27/2023 GENERAL ENG SVC 7/10-7/23/23 $64,423.75 508307 07/27/2023 NPDES STORM WATER $2,232.50
508308 07/27/2023 TONNER CYN PROPERTY $1,033.75
508309 07/27/2023 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $932.50 508310 07/27/2023 STREET LIGHT INSTALLATION $10,040.00
508312 07/27/2023 STREET LIGHT OPERATION & MAINT $1,100.00 -
508313 07/27/2023 CHINO RANCH #1 DAM RENOVATION $7,671.25 508314 07/27/2023 NELSON AVE RESURFACING $3,015.00
508315 07/27/2023 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $307.50 508316 07/27/2023 15660 MAYOR DAVE WAY (YAL BUILDING) $70.00 508317 07/27/2023 CITY HALL MAINT $1,068.75
508318 07/27/2023 INDUSTRY BUSINESS COUNCIL CHAMBERS $997.50 508319 07/27/2023 UPGRADES TO ELECTRONIC FREEWAY DISPLAY $185.00 508320 07/27/2023 HOMESTEAD MUSEUM IMPROVEMENTS $785.00 508321 07/27/2023 VALLEY BLVD CORRIDOR CO-OP WITH LA COUNTY $2,125.00 508322 07/27/2023 STIMSON AVE CROSSING $3,965.00
508323 07/27/2023 SHERIFF TRAILER SITE $6,300.00
508324 07/27/2023 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $6,642.50 508325 07127/2023 METROLINK-MAINT OF PARKING LOT $2,715.00 508326 07/27/2023 EL ENCANTO IMPROVEMENTS $6,562.50
508327 - 07/27/2023 SAN JOSE AVE RECONSTRUCTION $537,50 81051 03/10/2023 CNC ENGINEERING $100,525.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 14.
WELLS FARGO BANK
August 10, 2023
Check Payee Name Check Amount
Date
CITY.WF.CHK - City General Wells Fargo
508328 07/27/2023 INDUSTRY HILLS FUEL TANKS DISPENSING $4,287.50 508329 07/27/2023 605 FWY & VALLEY BLVD IMPROVEMENTS $107.50 508330 07/27/2023 BRIDGE REHABILITATION $157.50
508331 07/27/2023 HWY BRIDGE-AZUSA AVE OVER VALLEY BLVD $265.00
REPAINTING
508332 07/27/2023 SEISMIC RETROFIT ANAHEIM $157.50
508333 07127/2023 205 HUDSON AVE (SHERIFF'S YAL OFFICES) $75.00 508334 07/2712023 FISCAL YEAR BUDGET $940.00
508335 07/27/2023 ROWLAND ST RECONSTRUCTION $3,040.00
508336 07/27/2023 FOLLOWS CAMP CAPITAL IMPROVEMENT $412.50 508337 07/27/2023 VARIOUS ASSIGNMENTS RELATED TO SA $867.50 508338 NELSON AVE INTERSECTION $880.00
508339 07/27/2023 15559-15650 RAUSCH ROAD (POST OFFICE) $75.00 508340 07/27/2023 CARTEGRAPH MGMT $14,020.00
508341 07/27/2023 GRAND AVE RECONSTRUCTION $6,231.25
508342 07/27/2023 CITYWIDE STREET LIGHT LED UPGRADES $137.50 508343 07/27/2023 ANNUAL PAVEMENT REHABILITATION $5,510.00 508344 07/27/2023 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $6,022.50 508345 07/27/2023 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $87.50 508346 07/27/2023 ADA COMPLIANCE FOR FACILITIES $1,295.00 508347 07/27/2023 15710-15718 RAUSCH RD BLDG IMPROVEMENT $7,580.00 508348 07/27/2023 GALE AVE RESURFACING $13,545.00
508349 07/27/2023 ANNUAL PAVEMENT REHABILITATION $18,042.50 508350 07/27/2023 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $1,122.50 508351 07/27/2023 2022-2023 ANNUAL PAVEMENT REHABILITATION $322.50 508352 07/27/2023 2022-2023 ANNUAL SLURRY SEAL $4,220.00 508353 07/27/2023 CITYWIDE LICENSE PLATE CAMERA READER $1,397.50 CITY OF INDUSTRY P. 15
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
508354 07/27/2023 REMOTE MONITORING SYSTEM FOR STREET LIGHTS $5,780.00 508355 07/27/2023 RAILROAD ST PAVEMENT REHABILITATION $370.00 508356 07/27/2023 NELSON AVE & WILLOW AVE SAFETY IMPROVEMENTS $978.75 508357 07/27/2023 MUSEUM-HEALTHCARE CAMPUS UPGRADES $705.00 508358 07/27/2023 SR-57/60 CONFLUENCE PROJ $247.50
508359 07/27/2023 NOGALES GRADE SEPARATION $570.00
508360 07/27/2023 TURNBULL CNY RD GRADE SEPARATION $1,075.00 81052 - 08/10/2023 COUNTY OF LA - DEPT OF AGRICULTURA $6,983.71 Invoice Date Description Amount
231987 07/12/2023 PEST CONTROL-TONNER CYN (FIRESTONE CAMP) $329.50 231988 07/12/2023 WEED ABATEMENT-TONNER CYN $6,291.33
231979 07/12/2023 PEST CONTROL-TONNER CYN (FIRESTONE CAMP) $362.88 81053 08/10/2023 COUNTY OF LA - DEPT OF AGRICULTUR/ $209.64 Invoice Date Description Amount
231989 07/12/2023 PEST CONTROL-TRES HERMANOS $209.64
81054 08/10/2023 DANGELO CO. $137.37
Invoice Date Description Amount
S1522911.001 07/10/2023 MISC SUPPLIES-TONNER CANYON $137.37 81055 08/10/2023 DAPEER, ROSENBLIT, AND LITVAK, LLP $7,627.53 Invoice Date Description Amount
21716 06/30/2023 GENERAL CODE ENFORCEMENT-JUNE 2023 $2,627.50 21717 06/30/2023 SPECIALIZED LEGAL SVC-JUNE 2023 $3,028.10 21718 06/30/2023 SPECIALIZED LEGAL SVC-JUNE 2023 $1,971.93 •
CITY OF INDUSTRY P. 16
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81056 08/10/2023 DEPT OF ANIMAL CARE & CONTROL $3,832.79 Invoice Date Description Amount
07/25/2023 07/25/2023 SHELTER COST-JUNE 2023 $3,832.79
81057 08/10/2023 DEPT OF TRANSPORTATION $22,818.43
Invoice Date Description Amount
SL231104 07/15/2023 MAINT OF SIGNAL AND LIGHTS, APRIL-JUNE 2023 $22,818.43 81058 08/10/2023 ELEVATE PUBLIC AFFAIRS, LLC $15,000.00 Invoice Date Description Amount
3332 07/11/2023 MEDIA CONSULTING-JUNE 2023 $15,000.00
81059 08/10/2023 ENTERPRISE MAPS LLC $23,040.00
Invoice Date Description Amount
163 07/13/2023 AMAZON WEB SERVICE $23,040.00
81060 08/10/2023 ENVIRONMENTAL SYSTEMS RESEARCH $27,500.00 Invoice Date Description Amount
94499450 06/05/2023 ENTERPRISE AGRMT FEE SOFTWARE/MAINT $27,500.00 81061 08/10/2023 ESPY'S ELECTRICAL SERVICES INC. $1,110.00 Invoice Date Description Amount
1156 07/27/2023 REPLACE SINGLE POLE SWITCH W/DOUBLE- $500.00
METROLINK
1152 07/24/2023 URGENT BREAKER REPAIRS-HOMESTEAD $610.00 CITY OF INDUSTRY P. 17
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81062 08/10/2023 FEHR & PEERS $1,085.00
Invoice Date Description Amount
166804 07/20/2023 VMT ANALYSIS-20701 CURRIER RD $1,085.00 81063 08/10/2023 FUEL PROS, INC. $550.00
Invoice Date Description Amount
0000069180 07/03/2023 INDUSTRY HILLS FUELING STN $550.00 81064 08/10/2023 GARCIA'S FENCE CORP $695.00
invoice Date Description Amount
072314 07/26/2023 URGENT FENCE REPAIRS-AZUSA AVE & RAILROAD $695.00 81065 08/10/2023 GROUP C MEDIA, INC. $5,500.00
Invoice Date Description Amount
35325 07/17/2023 AD FOR BUSINESS FACILITIES $5,500.00
81066 08/10/2023 HDL COREN & CONE $3,025.46
Invoice Date Description Amount
SIN030163 07/27/2023 CONTRACT SVC PROP TAX-(JULY-SEP 2023) $3,025.46 81067 08/10/2023 INDUSTRY SECURITY SERVICES $32,120.04
Invoice Date Description Amount
401 07/21/2023 SECURITY SVC-VARIOUS CITY SITES $22,203.48 402 07/21/2023 SECURITY SVC 7/14-7/20/23 $9,916.56
81068 08/10/2023 JOE A. GONSALVES & SON $10,000.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 18
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
160888 07/24/2023 LEGISLATIVE SVC-JULY 2023 $10,000.00
81069 08/10/2023 KEENAN AND ASSOCIATES $7,568.00
Invoice Date Description Amount
293866 07/17/2023 CLAIMS ADMIN FEE (APR-JUN 2023) $7,568.00 81070 08/10/2023 KLINE'S PLUMBING, INC. $4,720.21
Invoice Date Description Amount
12929 07/12/2023 PLUMBING SVC-CITY HALL $220.21
12936 07/27/2023 REPLACE BACKFLOW DEVICE-HACIENDA BLVD MEDIAN $2,500.00 12923 07/10/2023 EMERGENCY REPAIRS TO BURST UNDERGROUND WATE $2,000.00 81071 08/10/2023 L A COUNTY DEPT OF PUBLIC WORKS $135,684.09 Invoice Date Description Amount
IN230001064 07/20/2023 BLDG & SAFETY-ONE STOP SHOP FOR JUNE 2023 $112,151.91 IN230001011 06/28/2023 ACCIDENT-HAMBLEDON AVE @ VALLEY BLVD $1,126.09 IN230001014 06/28/2023 ACCIDENT-HAMBLEDON AVE @ VALLEY BLVD $540.86 IN230001008 06/28/2023 ACCIDENT-HAMBLEDON AVE @ VALLEY BLVD $1,757.23 IN230001040 06/29/2023 ACCIDENT-DON JULIAN @ 7TH $20,108.00 81072 08/10/2023 LA COUNTY SHERIFF'S DEPARTMENT $1,241,038.18 Invoice Date Description Amount
233719EC 07/12/2023 SHERIFF'S CONTRACT-JUNE 2023 $1,004,239.42 233922EC 07/18/2023 HELICOPTER SVC-JUNE 2023 $1,641.22
233967DL 07/20/2023 SPECIAL EVENTS-DIRECTED PATROL $62,631.25 233968DL 07/20/2023 SPECIAL EVENTS-DIRECTED PATROL $103,528.99 233969DL 07/20/2023 SPECIAL EVENTS-DIRECTED PATROL $68,997.30 CITY OF INDUSTRY P. 19
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81073 08/10/2023 LA PUENTE VALLEY COUNTY WATER DE: $288.88 Invoice Date Description Amount
BS;07/23 07/19/2023 WATER MONITORING-BOY SCOUTS RESERVE $288.88 81074 08/10/2023 LOCKE LORD LLP $2,797.74
Invoice Date Description Amount
1804707 07/20/2023 LEGAL SVC-JUNE 2023 - $2,797.74
81075 08/10/2023 LOS ANGELES COUNTY PUBLIC WORKS. $43,728.55 Invoice Date Description Amount
PW-23061206664 06/12/2023 STREET MAINT/INSPECTION $5,050.60 PW-23061206686 06/12/2023 KITS MONITORING OF TRAFFIC SIGNAL $359.88 PW-23061206661 06/12/2023 LITTER/DEBRIS REMOVAL $87.42
PW-23061206662 06/12/2023 INSPECTION OF SIDEWALK $341.10 PW-23061206663 06/12/2023 PAVEMENT PATCHING $27,731.75
PW-23061206674 06/12/2023 PUMP HOUSE MAINT $9,126.60
PW-23061206643 06/12/2023 PUMP HOUSE MAINT $1,031.20
81076 08/10/2023 MATHEW HUDSON $388.86
Invoice Date Description Amount
7125/2023-A 07/25/2023 REIMBURSE FOR TRAVEL EXPENSES-ESRI UC CONFERE $339.10 7/25/2023 07/25/2023 REIMBURSE FOR TRAVEL EXPENSES-APWAJASCE LEGIS $49.76 81077 08/10/2023 MORTISE & TENON BUILDING CORP $8,543.22 Invoice Date Description Amount
156250121.1 07/21/2023 MAINT & REPAIR-EL ENCANTO MECHANICAL ROOM $6,000.00 CITY OF INDUSTRY P. 20
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
156250131 05/19/2023 URGENT OVERHEAD LIGHT FIXTURE REPAIR-METROLIN $450.00 156250138 06/29/2023 REPLACE DOUBLE DOOR THRESHOLD-IBC $739.28 156250144 07/17/2023 URGENT MOVING OF BUS STOP BENCH $300.00 156250145 07/21/2023 REPLACE CEILING TILES-IBC $1,053.94 81078 _ 08/10/2023 MR PLANT & INTERIOR BOTANICAL DESI $850.00 Invoice Date Description Amount
AUG 20557 08/01/2023 PLANT MAINTENANCE-AUG 2023 $850.00 81079 08/10/2023 NEXTIVA, INC. $3,815.80
Invoice Date Description Amount
40001329322 06/30/2023 CITY HALL PHONE SVC $1,506.23
40001450752 07/27/2023 CITY HALL PHONE SVC $1,822.37
40001415386 07/19/2023 ADD'L LINE-CITY HALL $487.20
81080 08/10/2023 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
501 07/31/2023 JANITORIAL SVC-IBC $1,467.00
500 07/31/2023 JANITORIAL SVC-CITY HALL $5,500.00
502 07/31/2023 JANITORIAL SVC-YAL $1,815.00
81081 08/10/2023 R DEPENDABLE CONST INC $220,771.29
Invoice Date Description Amount
#7CITY-1494 08/01/2023 15710-15718 RAUSCH RD BLDG AND SITE IMPROVEMENT $186,856.34 #8RET-CITY-1494 08/01/2023 40% RETENTION-15710-15718 RAUSCH RD BLDG AND SIT $43,257.77 81082 08/10/2023 RICOH USA, INC. $5,641.07
CITY OF INDUSTRY P. 21
WELLS FARGO BANK
August 10, 2023
Check . Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
80499799 07/22/2023 COPIER LEASE 7/15-8/14/23 $3,872.29 80405339 07/15/2023 PROPERTY TAX FOR FY 22-23 $1,768.78 81083 08/10/2023 SATSUMA LANDSCAPE & MAINT. $153,327.27 Invoice Date Description Amount
0723XROADS 07/10/2023 LANDSCAPE SVC-CROSSROADS PKY NORTH & SOUTH $39,580.80 0723CH 07/10/2023 CIVIC FINANCIAL CENTER $53,383.70
0723EC 07/10/2023 LANDSCAPE SVC-EXPO CENTER $27,800.88
0723TA 07/10/2023 LANDSCAPE SVC-TEMPLE & AZUSA $32,561.89 81084 08/10/2023 SO CAL INDUSTRIES $195.89
Invoice Date Description Amount
641758 07/19/2023 WC ACCESS RENTAL-TONNER CYN/57 FWY $195.89 3108 08/10/2023 SOUTH COAST A.Q.M.D. $665.26
Invoice Date Description Amount
4205857 07/05/2023 FLAT FREE EMISSIONS-EL ENCANTO $160.35 4203239 07/05/2023 ICE EM ELEC GEN DIESEL-EL ENCANTO $504.91 81086 08/10/2023 SOUTHERN TIRE MART LLC - DEPT 143 $1,224.95 Invoice Date Description Amount
7070014887 12/16/2022 REPLACE 4 TIRES-LIC 1534692 $1,224.95 81087 08/10/2023 SPECTRUM $938.99
Invoice Date Description Amount
0362894071023 07/10/2023 BUSINESS INTERNET JULY 2023 $938.99 CITY OF INDUSTRY P. 22
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81088 08/10/2023 SQUARE ROOT GOLF & LANDSCAPE, INC $200,719.73 Invoice Date Description Amount
1682H-1 07/11/2023 GRAFFITI REMOVAL $3,830.33
1680ELHM 07/11/2023 LANDSCAPE SVC-HOMESTEAD $21,695.17
1679LHM 07/11/2023 LANDSCAPE SVC-VARIOUS CITY SITES $8,221.71 1681ELHM 07/11/2023 LANDSCAPE SVC-EL ENCANTO $13,741.92 1682H 07/11/2023 LANDSCAPE SVC-VARIOUS CITY SITES $151,616.81 1682H-2 07/11/2023 SIGN REPAIR & INSTALLATION $1,613.79 81089 08/10/2023 STAPLES BUSINESS ADVANTAGE $1,628.91
Invoice Date Description Amount
8070791539 07/01/2023 OFFICE SUPPLIES $1,614.90
8070927377 07/15/2023 OFFICE SUPPLIES $14.01
81090 08/10/2023 STILLWATER SCIENCES $7,536.50
Invoice Date Description Amount
9180023 07/17/2023 FOLLOW'S CAMP PROPERTY $7,536.50
81091 08/10/2023 TELECOM LAW FIRM, P.C. $8,000.00
Invoice Date Description Amount
15739 07127/2023 LEGAL SVC-WIRELESS COMMUNICATION $8,000.00 81092 08/10/2023 TEMP AIR SYSTEM INC. $2,250.00
Invoice Date Description Amount
16962 07/24/2023 REPLACE 5 THERMOSTATS-HOMESTEAD MUSEUM $2,250.00 CITY OF INDUSTRY P. 23
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
81093 08/10/2023 THE BIG NORWEGIAN $2,450.89
Invoice Date Description Amount
57305 07/15/2023 REPAIR 1978 CASE 580K BACK HOE-HATCHER YD $656.40 57301 07/12/2023 REPAIR 19745 CASE 480E LL SKIP-TONNER CYN $560.00 57275 06/05/2023 REPAIR 1992 IR COMPRESSOR-TONNER CYN $1,234.49 81094 08/10/2023 THE TECHNOLOGY DEPOT $3,979.78
Invoice Date Description Amount
21284 06/01/2023 VEEAM DESKTOP/LAPTOP BACKUP JULY 2023 $417.00 21281 06/01/2023 VEEAM DRAAS DATA BACKUP $1,048.80
21283 06/01/2023 CLOUD CONNECT DATA STORAGE-JUL 2023 $1,345.50 21285 06/01/2023 CLOUD CONNECT-HOMESTEAD $154.00
21286 06/01/2023 CLOUD CONNECT UNAAS-JUL 2023 $727.23
21282 06/01/2023 CONNECT VOICE SOLUTION-SHERIFF'S BLDG $287.25 81095 08/10/2023 TRANSPORTATION & ENERGY SOLUTION $3,246.88 Invoice Date Description Amount
COI-009-06-08-23 06/08/2023 PS&E FOR GUARDRAIL ON HACIENDA BLVD $1,389.38 COI-009-07-10-23 07/10/2023 PS&E FOR GUARDRAIL ON HACIENDA BLVD $1,857.50 81096 08/10/2023 TYLER TECHNOLOGIES, INC. $33,112.29
Invoice Date Description Amount
045-398878 12/01/2022 APPLICATION SVC-1/1/23-12/31/23 $22,088.86 045-398877 12/01/2022 APPLICATION SVC-FINANCIAL MGMT BASE SUITE 1/1/23- $11,023.43 12/31/23
81097 08/10/2023 UNITED PARCEL SERVICES, ING $197.73
CITY OF INDUSTRY P. 24
WELLS FARGO BANK
August 10, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
0000V435E4283 07/15/2023 MESSENGER SVC $135.37
0000V435E4293 07/22/2023 MESSENGER SVC $62.36
81098 08/10/2023 WEST COAST ARBORISTS, INC. $15,255.00
Invoice Date Description Amount
202518 07/15/2023 TREE MAINT FY 23/24 $15,255.00
Checks Status Count Transaction Amount
Total 83 $3,027,606.16
CITY COUNCIL
ITEM NO. 6.2
FINDT
CITY OF INDUSTRY
AGELES
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: August 10, 2023
SUBJECT: Consideration of Resolution No. CC 2023-45 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A
DONATION TO THE INDUSTRY SHERIFF'S YOUTH ATHLETIC LEAGUE, IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR ITS
FALL FESTIVAL PROGRAM
BACKGROUND
The Industry Sheriff's Youth Athletic League ("YAL") provides programs to at-risk youth in the surrounding communities since its founding. The YAL program serves over 2,500 local youth under the age of 18 through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program, and Camp C.O.U.R.AG.E., at no cost to participating youth or their families. Through these programs the youth receive mentoring and learn to make positive life decisions. The program recognizes the importance of early intervention and is a positive influence on thousands of children.
DISCUSSION
The YAL contacted the City for a donation to sponsor its Fall Festival program ("Festival"), which is an outdoor community outreach event on October 20 and 21, 2023. The donation of $30,000.00, along with other fundraising efforts, will assist the YAL in providing resources to the community. In addition to its monetary donation, the City provides an in-kind donation of City Staff support services tor the Festival, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City Staff is estimating that approximately 100 hours of support services will be donated.
FISCAL IMPACT
In the Fiscal Year 2023/24 budget, $456,000.00 was approved for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 100-621-5601).
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2023-45.
Attachments
A. Resolution No. CC 2023-45
ATTACHMENT A
RESOLUTION NO. CC 2023-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE
INDUSTRY SHERIFF'S YOUTH ATHLETIC LEAGUE, IN THE
AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) FOR
ITS FALL FESTIVAL PROGRAM
RECITALS
WHEREAS, the Industry Sheriff's Youth Athletic League ("YAL") provides programs to at-risk youth in the surrounding communities since its founding in 1991; and WHEREAS, the YAL serves over 2,500 local youth under the age of 18 through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program and Camp C.O.U.R.AG.E., at no cost to participating youth or their families; and WHEREAS, the YAL requested a donation in the amount of Thirty Thousand Dollars ($30,000.00) from the City to sponsor its Fall Festival outdoor community outreach event (Festival) on October 20 and 21, 2023, and the City desires to make the requested donation; and
WHEREAS, in addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Festival, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City Staff is estimating that approximately 100 hours of support services will be donated; and
WHEREAS, the City's donation serves a public purpose by contributing to YAL, which supports youth in the community by providing programs that mentor youth and teach them to make positive life decisions. These programs recognize the importance of early intervention, and its positive influence on thousands of children; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2: The City's donation serves a public purpose in that the YAL supports the youth in the community by providing programs that mentor the youth and teach them to make positive life decisions. These programs recognize the importance of early intervention, and its positive influence on thousands of children.
SECTION 3: The City Council hereby approves the donation of Thirty Thousand Dollars ($30,000.00) to the Industry Sheriff's Youth Athletic League, as well as an in- kind donation of 100 staff hours for support services.
SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on August 10, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
Julie Gutierrez-Robles, City Clerk
CITY COUNCIL
ITEM NO. 6.3
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Gerardo Perez, Senior Construction Manager, CNC Engineering
DATE: August 10, 2023
SUBJECT: Consideration of Change Orders Nos. 19 through 23, in the amount of $51,054.89, for Contract No. CITY-1494, 15710-15718 Rausch Road Building and Site Improvements
BACKGROUND
On November 20, 2022, the City Council awarded contract CITY-1494, 15710-15718 Rausch Road Building and Site Improvements, to R Dependable Construction Inc., in the amount of $1,763,780.00.
This project includes interior improvements of approximately 3,700 square feet of space for the City's tenant, Priceless Pets, including new flooring, ceiling and lighting throughout. Additionally, the renovations include new dog kennels, cat condos, surgery and exams rooms, and a laundry room.
The exterior building improvements entail new windows, entry tower features, metal awnings, a new roof and parapet wall, and replacement of four HVAC units. Adjacent to the easterly side of the building, a landscaped area for a dog run will be constructed. The site improvements involve repaving the parking lot, constructing new ADA curb ramps, sidewalk and driveways. Additionally, during the bidding period, several scope items were added to the project and include asbestos and lead abatement, specific flooring requirements and additional furniture and equipment furnishing and installation.
DISCUSSION
On March 21, 2023, the City Manager approved the following change orders in the total amount of $153,230.97;
• Change Order No. 1 - Costs in the amount of $3,468.33 to furnish and install a new electrical panel in compliance with the latest building code.
• Change Order No. 2 -- Costs to in the amount of $10,743.42 to furnish and install R15 insulation in exterior walls per the Building Code.
• Change Order No. 3 -- Costs in the amount of $4,647.75 to relocate existing gas lines interfering with the new ceiling height of nine feet including removal of abandoned lines. • Change Order No. 4 - Costs in the amount of $36,677.44 to remove and replace existing drywall on the exterior walls to comply with the building code requirements. • Change Order No. 5 -- Costs in the amount of $44,890.10 to replace drywall and framing within the interior walls.
• Change Order No. 6 -- Costs in the amount of $8,656.35 to install plywood sheathing around the new windows to mitigate shear stresses.
• Change Order No. 7 - Costs in the amount of $1,406.11 to replace existing corroded water line with a new copper line.
• Change Order No. 8 - Costs in the amount of $16,112.67 to furnish and install new plywood over the existing roof plywood.
• Change Order No. 9 - Costs in the amount of $12,000.00 to furnish and install a new mini split unit with two zones with mini pumps, which would be installed on the exterior wall. • Change Order No. 10 - Costs in the amount of $2,635.28 to replace the existing fascia board in the back of the building.
• Change Order No. 11 - Costs in the amount of $9,452.37 to furnish and install new recessed light fixtures in lieu of the surface mounted specified • Change Order No. 12 - Costs in the amount of $2,541.15 to install a new lighting timer and various electrical components, new panel board and breakers for the new electrical panel.
On April 13, 2023, the City Council approved the following change orders in the total amount of $242,785.78.
• Change Order No. 13 - Costs in the amount of $50,000.00 to construct three additional pedestrian ramps at the intersection of Mayor Dave Way and Sotro Street including clearing and grubbing, concrete removals, curb and gutter, sidewalk, irrigation and landscaping restoration, asphalt paving and traffic control
• Change Order No. 14 - Costs in the amount of $39,396.86 install approximately 1,040 square feet of "Country Cobble" precast concrete pavers
• Change Order No. 15 - Costs in the amount of $43,515.67 for installation of 120 lineal feet of fencing including a 24-foot-wide vehicular double gate. • Change Order No. 16 -- Costs in the amount of $109,873.25 for purchase 12 dog kennels and four K-9 cabins and 12 cat condos.
On July 18, 2023, the City Manager approved the following change orders in the total amount of $21,991.84.
• Change Order No. 17 -- Costs in the amount of $18,534.66 for additional stucco in the back of the building including painting the entire back wall. Also includes tree removal and installation of hose bibs.
• Change Order No. 18 - Costs in the amount of $3,457.17 to furnish and install a total of 6 additional light fixtures over the new dog kennels in order to illuminate each dog kennel.
During construction changes or additions to the contract were made that resulted in additional costs.
As of August 1, 2023 Staff has reviewed the change orders for completeness and accuracy as to the materials and labor included:
• Change Order No. 19 - The original contract plans do not call out for drains at each kennel (total of 12). In order to install these drain inlets, a new drain had to be installed and tied to the existing sewer. This required concrete removal, installation of a 4-inch drain line, 12 each 4-inch drain inlets and a sewer cleanout. Two floor drains were also added, two windows were sealed since they were within the dog kennels and smooth white FRP (fiberglass reinforced plastic) panels were added to the back of the kennel walls. The cost for this work is $24,187.95. • Change Order No. 20 - The contract plans call for wood interior doors throughout, however, the tenant requested 3 doors with half glass and one door with full glass for viewing purposes. The cost to modify, furnish and install the glass totals $6,464.31. • Change Order No. 21 - The plans call for the surface of the dog run to be decomposed granite.
The tenant requested that in lieu of the decomposed granite artificial grass be installed to minimize the maintenance of the dog run. The additional cost to install the artificial turf is $12,452.56.
• Change Order No. 22 - During excavation for the cobblestone pavers, the Contractor encountered an old concrete footing that needed to be removed and disposed of. The cost for this work is $2,124.52.
• Change Order No. 23 - After installation of the wrought iron fence, there were concerns that small dogs could get through the fence as well as rodents coming inside the dog run and paved area. Therefore, it was agreed to install a 2.5-foot-tall security screen fencing around the perimeter of the fence including the new gates. The cost to furnish and install and powder-coat this security screen fencing is $5,825.55.
FISCAL IMPACT
Table 1 - Summary of Extra Costs
Contract Amount $1,763,780.00
Change Order No. 1 through 12 $153,230.97
Change Order No. 13 through 16 $242,785.78
Change Order No. 17 and 18 $21,991.83
Change Order No. 19 $24,187.95
Change Order No. 20 $6,464.31
Change Order No. 21 $12,452.56
Change Order No. 22 $2,124.52
Change Order No. 23 $5,825.55
Revised Project Cost |$2,232,843.47
Change Orders Nos. 1 through 23 total $469,063.47, and the revised project cost is $2,232,843.47.
In the adopted Fiscal Year 2023/2024 Capital Improvement Project budget, $1,000,000.00 is approved for this project (Account No. 120-726-5205) (MP 20-17 #2). The City Manager was authorized to approve change orders up to 10 percent of the contract cost. The current change orders represent 26.59 percent of the total contract amount.
RECOMMENDATION
1) Approve Change Order No. 19 in the amount of $24,187.95 and authorize the Mayor to execute the approved Change Order; and
2) Approve Change Order No. 20 in the amount of $6,464.31 and authorize the Mayor to execute the approved Change Order; and
3) Approve Change Order No. 21 in the amount of $12,452.56 and authorize the Mayor to execute the approved Change Order; and
4) Approve Change Order No. 22 in the amount of $2,124.52 and authorize the Mayor to execute the approved Change Order; and
5) Approved Change Order No. 23 in the amount of $5,825.55 and authorize the Mayor to execute the approved Change Order
Attachments
A. Change Order No. 19 dated August 10,, 2023
B. Change Order No. 20 dated August 10, 2023
C. Change Order No. 21 dated August 10, 2023
D. Change Order No. 22 dated August 10, 2023
E. Change Orde No. 23 dated August 10, 2023
AIIACMIVENI A
CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 19
Rausch Road Building and Site
Project Improvements Contract No. CITY-1494 Date 8/10/2023 Type Building Remodel/Sidewalk & Parking
Project Lot Improvements Contractor R Dependable Constr Inc.
Location Rausch Road
Explanation:
Various items of extra work - install 4-inch sewer line with drains for each kennel total of 12 kennels. Added floor drains and FRP panels to the back of the kennels
Extra Work by:
Contract Items Negotiated T& M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:
ITEM UNIT TOTALS ($)
NO. ITEM QUANTITY PRICE +
Install drain line, floor drains for the
1 kennels, area floor drains & FRP 1 $ 24,187.95 $ 24,187.95 TOTAL COST 24,187.95
T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,763,780.00 Total T & M
Total Previous Change Orders $418,008.58 23.70%
Pay This
Total Change Orders $ 442,196.53 25.07% CHANGE ORDER $ 24,187.95 1.37% Authorized by. Additional Contract Days 5
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.
The total cost includes compensation for any delay in the preparation of this change order and the time to complete the specified work.
Kaseman Podula 7/27/2023 8/1/2023
Date Joshua Nelson City Manage Date
Contracór Representate 7/31/23
7.28.23 Mathew Hudson - Engineering Manager Date Gerardo Perez - Sr. Construction Manager Date CITY-1494 - Change Order No. 19 - G. Perez
CHANGE ORDER
Date Change order
3/31/2023 3980
Name / Address
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Description Total
CONTRACT No. CITY-1494.CITY OF INDUSTRY PROJECT No. MP20-17-#2 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
Estimated Change Order Request #17
Miscellaneous Items such as: Framing, Concrete, Stucco, Drywall, FRP plumbing, & FRP glue Material & Labor Included 20,500.00
Scope of Work:
-Block 2 Windows Frames and Stucco patch
-Install Drains for dog kettles
-Install (2) floor drains |
-Install Floor Drains with catch basins for each dog kettle -Install 30 FRP White Smooth
-Six Buckets of FRP glue
- Sawcut Concrete & Concrete patch
Prevailing wages applied
OH & P: Labor, Material, and Equipment 3,075.00
Bond: 2.6% 612.95
Total $24,187.95
GCLICENSE No. 944088 DIR No. 1000002054
Date:
cO No 19
CO NO. 19
ATTACHMENT B
CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 20
Rausch Road Building and Site
Project Improvements Contract No. CITY-1494 Date 8/10/2023 Type Building Remodel/Sidewalk & Parking
Project Lot Improvements Contractor R Dependable Constr Inc.
Location Rausch Road
Explanation:
The original contract called for solid wood doors. However, the tenant requested 4 doors with glass panels. Contractor modified the doors and installed glass
Extra Work by: X
Contract Items Negotiated T& M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:
ITEM UNIT TOTALS ($)
NO. ITEM QUANTITY PRICE +
1 Install glass to 4 doors 1 $ 6,464.31 $ 6,464.31
TOTAL COST $ 6,464.31
T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,763,780.00 Total T & M $
Total Previous Change Orders $442,196.53 25.07%
Pay This
Total Change Orders $ 448,660.84 25.44% CHANGE ORDER $ 6.464.31 0.37% Authorized by. Additional Contract Days 0
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.
The total cost includes compensation for any delay in the preparation of this change order and the time to complete the spectfied work. pasemara. dUlla 7127/2023 8/1/23
Contractor Representative Date Joshua Nelson - Sly Manage Date 7/31/23 anno 7.28.23
Mathew Hudson -Engineering Manager Date Gerardo Perez - Sr. Construction Manage Date CITY-1494 - Change Order No. 20 - G. Perez
CHANGE ORDER
Date Change order
4/7/2023 3998
Name / Address
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Description Total
CONTRACT No. CITY-1494.CITY OF INDUSTRY PROJECT No. MP20-17-#2 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
Change Order Request #17
WINDOW CUT OUTS ON DOORS
Material: 2,870.00
Window cut outs, on doors # Doors 13 & 14 (1 LH, 1 RH):
24x64 Window Cut Out + Window Kit
Doors 6,7,8,23 (2 LH, 2 RH):
24x24 Window Cut Out + Window Kit
Frames,
1/4" temper clear glass
Total Labor 2,500.00
Please Note:
- Current Prevailing Wages Are Included in Total Price
OH & P: Material and Equipment 430.50
OH & P: Direct labor 500.00
Bond: 2.6% 163.81
Total $6,464.31
GC LICENSE No. 944088 DIR No. 1000002054
Date:
ATTACHMENT C
CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 21
Rausch Road Building and Site
Project Improvements Contract No. CITY-1494 Date 8/10/2023 Type Building Remodel/Sidewalk & Parking
Project Lot Improvements Contractor R Dependable Constr Inc.
Location Rausch Road
Explanation:
The original contract plans call for decomposed granite for the surface of the dog run. Tenant requested artificial grass Contractor furnished and installed artificial grass.
Extra Work by:
Contract Items Negotiated T & M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:
ITEM UNIT TOTALS ($)
NO ITEM QUANTITY PRICE +
1 Furnish and Install artificial grass 1 $ 12,452.56 $ 12,452.56 TOTAL COST $ 12,452.56
T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,763,780.00 Total T & M
Total Previous Change Orders $448,660.84 25.44%
Pay This
Total Change Orders $ 461,113.40 26.14% CHANGE ORDER 12,452.56 0.71% Authorized by. Additional Contract Days
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.
The total cost includes compensation for any delay in the preparation of this change order and the time to complete the specified work. raseman adula 7127/2023 8/1/23
Contractor Representative Joshua Melson - City Manager Date 7/31/23 cond 7. 28•22
Matbew Hudson Engineering Manager Date Gerardo Perez - Sr. Construction Manager Date CITY-1494 - Change Order No. 21 - G. Perez
CHANGE ORDER
Date Change order
4/7/2023 3993
Name / Address
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Description Total
CONTRACT No. CITY-1494. CITY OF INDUSTRY PROJECT No. MP20-17-#2 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
Change Order Request #19
To Furnish and Install new Artificial Turf Grass
Material: 6,380.00
Artificial Turf Grass $3.19/ Sq. Ft
Fescue Multipurpose 12 ft. Wide x Cut to Length Green Artificial Grass Carpet / Traffic Master
Labor to install artificial grass 4,000.00
OH & P: Material and Equipment 957.00
OH & P: Direct labor 800.00
Bond:2.6% 315.56
Total $12,452.56
GC LICENSE No. 944088 DIR No. 1000002054
Date:
CHANGE ORDER ATTACHMENT D
CITY OF INDUSTRY
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 22
Rausch Road Building and Site
Project Improvements Contract No. CITY-1494 Date 8/10/2023 Type Building Remodel/Sidewalk & Parking
Project Lot Improvements Contractor R Dependable Constr Inc.
Location Rausch Road
Explanation:
During excavation for the cobblestone area the contractor encountered an existing concrete footing which had to be removed for installation of the cobblestone.
Extra Work by: X
Contract Items Negotiated T& M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:
ITEM UNIT TOTALS ($)
NO ITEM QUANTITY PRICE +
Remove unforeseen concrete footing 1 2,124.52 2,124.52
TOTAL COST $ 2,124.52
T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,763,780.00 Total T & M
Total Previous Change Orders $461,113.40 26.14%
Pay This
Total Change Orders $ 463,237.92 26.26% CHANGE ORDER $ 2,124.52 0.12% Authorized by. Additional Contract Days 0
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.
The total cost includes compensation for any delay in the preparation of this change order and the time to complete the specified work.
Karemany -Mla 7/27/2023 8/1/23
Date Joshua Nelseh - City Manager Date
7/31/23 Land 7.31•23
Mathew Hudson Engineering Manager Gerardo Perez - Sr. Construction Manager Date CITY-1494 - Change Order No. 22 - G. Perez
CHANGE ORDER
Date Change order
4/14/2023 4028
Name / Address
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Description Total
CONTRACT No. CITY-1494.CITY OF INDUSTRY PROJECT No. MP20-17-#2 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
Estimated Change Order Request #21 - Unforseen footing underneath concrete driveway on area where pavers are going to be install
Estimated Equipment Rental 500.00
Labor: 867.48
Existing Blockwall it must be removed to add new pavers Labor Rate $72.29 (1 man x 1 days = 12 man hours)
Equipment operator 378.92
Rate $94.73 - 4 hours
Prevailing wages applied
OH & P: Material and Equipment 150.78
OH & P: Direct labor 173.50
Bond:2.6% 53.84
Total $2,124.52
GC LICENSE No. 944088 DIR No. 1000002054
Date:
ATTACHMENT E
CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 23
Rausch Road Building and Site
Project Improvements Contract No. CITY-1494 Date 8/10/2023 Type Building Remodel/Sidewalk & Parking
Project Lot Improvements Contractor R Dependable Constr Inc.
Location Rausch Road
Explanation:
In order to prevent small dogs from breaking out between the railings, the Contractor furnished and install security fencing approximately half way the new fence
Extra Work by:
Contract Items Negotiated T& M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:
ITEM UNIT TOTALS ($)
NO ITEM QUANTITY PRICE +
Furnish & Install security fencing 1 $ 5,825.55 $ 5,825.55 TOTAL COST $ 5,825.55
T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,763,780.00 Total T & M $
Total Previous Change Orders $463,237.92 26.26%
Pay This
Total Change Orders 469,063.47 26.59% CHANGE ORDER $ 5,825.55 0.33% Authorized by. Additional Contract Days 2
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.
The total cost includes compensation for any delay in the preparation of this change order and the time to complete the specified work Rasemaran dilla 7/27/2023 8/1/23
optractor, Representatiy Date Joshua Nelson - City Manages Date 7/3123 14ad 1.28.28
Mathew Hudson/- Engineering Manager Date Gerardo Perez - Sr. Construction Mafrager Date CITY-1494 - Change Order No. 23 - G. Perez
CHANGE ORDER
Change order
Date
4089
6/30/2023
Name / Address
15625 Mayor Dave Way City of Industry
City of Industry, CA 91744
Total
Description
2,891.60
CONTRACT No. CITY-1494.CITY OF INDUSTRY PROJECT No. MP20-17-#2 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS Estimated Change Order Request #22 R2- To Furnished and Install new Security Fencing Only 1,920.00
To powercoat, measure and install privacy screen Labor:
40 man hours x $72.29
Security Screen Fencing 2 ft high
- sheet metal screw: #8 size 1/2 in Ig. Steel Chrome plated, oval phillip, 0.063 in head ht, 50pk = 2 box = 5 Prevailing wages applied
OH & P: Material and Equipment
OH & P: Direct labor
Bond:2.6%
Total
Date:
GC LICENSE No. 944088 DIR No. 1000002054
IMAX
CITY COUNCIL
ITEM NO. 6.4
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: August 10, 2023
SUBJECT: Consideration of Amendment No. 2 to the Professional Services Agreement with Dapeer, Rosenblit and Litvak, LLP, for code entorcement legal services, extending the term through June 30, 2028, updating the rate schedule, updating the address of the City, and updating the indemnity provisions consistent with best practices
BACKGROUND
On September 22, 2016, the City Council approved a Professional Services Agreement with Dapeer, Rosenblit and Livak, LLP ("Dapeer"), to provide legal services for code enforcement cases. This includes advisement on how to document and prepare cases for prosecution, and if a violation is not abated, filling a court case for prosecution. Amendment No. 1 extended the term through June 30, 2023, updated the rate schedule, and updated the scope of services to add municipal code amendment services.
DISCUSSION
Dapeer assists the City with drafting policies, regulations, and amendments to the Municipal Code, related to code enforcement matters. The City is happy with the level of service provided by Dapeer and would like to continue to utilize the firm.
Amendment No. 2 extends the term through June 30, 2028, revises the rate schedule, updates the address for City, and updates the indemnity provisions consistent with best practices.
FISCAL IMPACT
The City's adopted Fiscal Year 2023/24 budget includes $13,000.00 for code enforcement legal services (Account Number 100-601-5120.02 -- General Fund - Public Safety - Legal Services). The City's actual costs will depend on the amount of work assigned to and performed by Dapeer.
RECOMMENDATION
Staff recommends that the City Council approve Amendment No. 2 to the Professional Services Agreement with Dapeer, Rosenblit and Litvak, LLP, dated August 10, 2023 Attachments
Amendment No. 2
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT WITH
DAPEER, ROSENBLIT AND LITVAK, LLP
This Amendment No. 2 to the Professional Services Agreement ("Agreement") is made and entered into this 10t day of August 2023 ("Effective Date"), by and between the City of Industry, a California municipal corporation ("City") and Dapeer, Rosenblit and Litvak, LLP, a California corporation (Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties".
RECITALS
WHEREAS, on or about September 22, 2016, the Agreement was entered into and executed between the Parties to provide code enforcement legal services; and WHEREAS, on or about September 12, 2019, the City Council approved Amendment No. 1 to the Agreement to extend the term through June 30, 2023, amend the address for providing notices to the City's Attorney's office, amend the Scope of Services to add municipal code amendment services, and amend the Rate Schedule to add a $35 per hour surcharge for services other than criminal prosecution services; and
WHEREAS, the Parties desire to amend the Agreement to extend the term through June 30, 2028, update the rate schedule, amend the notices section to include the current address for the City, and the indemnity provisions; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement shall remain in full force and effect except as otherwise hereinafter provided:
Section 1. TERM
The section is hereby amended to read in its entirety as follows:
The Agreement shall commence as of July 1, 2023, and shall continue in effect until tasks described herein are completed, but in no event later than June 30, 2028, unless sooner terminated pursuant to the provisions of this Agreement.
Section 8. INDEPENDENT CONSULTANT
Section 8(c) is hereby added to read in its entirety as follows:
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor. The provisions of this Section 8(c) are etfective as of January 1, 2020. The indemnity provisions set forth in this Section 8(c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.
Section 15. NOTICES
To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
EXHIBIT B. RATE SCHEDULE
Exhibit B is hereby rescinded in its entirety, and replaced with a revised Rate Schedule, attached hereto as Attachment 1, and incorporated herein by reference.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Dapeer, Rosenblit Litvak, LLP
By: By:
Joshua Nelson, City Manager William Litvak, Managing Partner Attest:
By:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By:
James M. Casso, City Attorney
ATTACHMENT NO. 1
EXHIBIT B
RATE SCHEDULE
Consultant shall charge the City the following hourly rates for services rendered pursuant to the Scope of Services (Exhibit "A") set forth herein.
Service Hourly Rate
Criminal Prosecution Services $195
Administrative Services $220
Code Enforcement General Municipal Litigation $245
and Appellate Services including Health and
Safety Code Receiverships
Para-Professional Service - Category 1 $180
Para-Professional Service - Category 2 $190
Para-Professional Service - Category 3 $195
City shall reimburse consultant its actual costs for all photocopying, postage, process server fees and charges, online third-party database transaction fees and legal research charges, exhibit preparation including enlargement of photographs, court reporter or transcript fees and third-party expert witness or consulting fees, upon submittal of evidence of said costs along with the monthly invoice, as set forth in the Agreement.
CITY COUNCIL
ITEM NO. 6.5
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Upendra Joshi, Sr. Project Manager, CNC Engineering
DATE: August 10, 2023
SUBJECT: Consideration of a Template License Agreement to Enter Private Property for use for City projects (JN-6201)
BACKGROUND
There are some instances where City public works projects involve impacts to private property. The impacts to private property include, but are not limited to, repairing or maintaining structures, such as driveways, fences and landscaping. In order to repair or maintain such structures, it is necessary for the property owner and the City to execute a license agreement providing the City with permission to enter and do any necessary work on the private property. The City will send out a Permit to Enter Private Property License Agreement ("Agreement") to be signed by the property owner so that Staff can finalize the project design.
DISCUSSION
In an effort to streamline City public works projects, Staff is recommending that the City Council approve the template License Agreement to Enter Private Property ("Agreement"), and authorize the City Manager to approve and execute the Agreement for future City projects. This Agreement is typically executed before finalizing the design of a project so that impacts to any private property are considered before going to construction. If any substantial changes to the Agreement occur, Staff will bring the amended Agreement to the City Council for consideration.
FISCAL IMPACT
There is no direct fiscal impact associated with this Agreement. The costs associated with the work outlined by this Agreement will be covered in the approved Capital Improvement Project budget for the project.
RECOMMENDATION
Staff recommends the City Council authorize the City Manager to approve and execute the Permit to Enter Private Property License Agreement for future City projects.
Attachments
A. Permit to Enter Private Property License Agreement
ALTACHIVENI A
PERMIT TO ENTER PRIVATE PROPERTY
LICENSE AGREEMENT
This LICENSE AGREEMENT ("Agreement") is entered into this (insert effective date) ("Effective Date") by and between the City of Industry, a municipal corporation ("City") and (Property Owner NAME), an individual ("NAME"). The City and NAME are collectively referred to herein as "Parties" and individually as "Party."
RECITALS
WHEREAS, (NAME) is the owner of certain real property located at (Address), City of Industry, California ("Property"); and
WHEREAS, the City is in the process of (insert project scope of work); within the City's right of way along (Insert project location); and WHEREAS, (NAME's) Property is located on (insert affected project area location), and it is necessary to enter (NAME's) Property to (insert work to be done on Property), in order to construct and install the City's (insert project contract number); and WHEREAS, in order to engage in the construction and installation of the (insert project contract number), it is necessary for (NAME) to grant the City a license to enter the Property to (insert work to be done on Property); and NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this Agreement, the Parties do hereby agree as follows:
ARTICLE I
GRANT OF LICENSE
A. Grant of License; No Leasehold or Property Rights Created. (NAME) hereby grants to City a revocable license to access and use the Property for the sole purpose of (insert project contract number) owned by (NAME) and installing the City's (insert project contract number) (the "Permitted Activity"). This Agreement is not intended to nor shall it be interpreted to create or vest in the City any leasehold or any other property rights or interests in the Property or any part thereof.
B. Term. This Agreement shall commence on the Effective Date and terminate upon the City's acceptance of the (insert project contract number).
ARTICLE 2
PERFORMANCE OF SERVICES
Scope of Work. Pursuant to this Agreement, (NAME) authorizes the City to perform the following work (the "Scope of Work"):
1 (insert work to be done Property) owned by (NAME) and the installation of the City's (insert project contract number) along the City right of way.
B. Manner of Rendition of Services. The Scope of Work shall be rendered and performed as follows:
1. In a workmanlike manner, utilizing no less than the standard of care and level of competency and skill presently maintained by other practicing professionals in the same type of work, within the community in which the Property is generally located.
C. Subcontractors. The City shall be responsible for all contractors and all subcontractors engaged to complete the Scope of Work (collectively, "Contractors"), including, without limitation, responsibility for the payment of any compensation or other amounts payable to Contractors, and shall be responsible for their conduct and the conduct of its employees. The City shall supervise and direct the Scope of Work rendered or performed by Contractors using the City's skill and attention, shall enforce discipline and good order among its employees and subcontractors, and shall not employ or engage, on the job, any person unfit or unskilled for the task assigned to him or her.
Materials and Supplies. The City shall, at the City's own cost and expense, furnish (unless herein otherwise specifically provided) all superintendence, labor, tools, equipment, materials, and supplies and all other things requisite and necessary to perform the Scope of Work under this Agreement.
E. Supervision by the City. The City shall personally supervise and direct the Scope of Work, be responsible for all methods, sequences and procedures used in connection with the Scope of Work, and be responsible for coordinating all portions of the Scope of Work.
ARTICLE 3
COMPLIANCE WITH LAW; LICENSES, PERMITS AND APPROVALS; WASTE;
LIENS AND CLAIMS
A. Compliance with Law. In completing the Scope of Work, the City shall, and shall cause Contractors to, comply with all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, orders, judgments and decrees (collectively, "Applicable Requirements").
B. Licenses, Permits and Approvals. The City shall secure all necessary licenses, permits and approvals required by the Applicable Requirements in connection with completing the Scope of Work.
Waste. Any waste generated in the process of completing the Scope of Work will be the responsibility of the City, at the City's sole cost and expense. 2 ARTICLE 4
INDEMNITY
A. Indemnification. The City agrees to indemnify, defend (with counsel approved by the City) and hold (NAME) harmless from and against all liability, loss, cost, connection with use of the Property by the City or the City's agents, employees, contractors or subcontractors, except and to the extent caused by the gross negligence or willful misconduct of (NAME). The City's indemnification obligations set forth in this Article 4 shall survive the expiration or earlier termination of this Agreement.
ARTICLE 5
REPRESENTATIONS
(NAME) represents and warrants to the City as follows:
A. Property. That the Property is free from any hazardous and/or dangerous conditions.
ARTICLE 6
GENERAL PROVISIONS
A. Modification. No waiver, modification or amendment of this Agreement shall be effective or enforceable unless made in writing, signed by the City and (NAME), and specifying with particularity the nature and extent of such waiver, modification or amendment.
B. Entire Agreement. This Agreement constitutes the entire understanding between the Parties and cancels and supersedes any prior negotiations, understandings or agreements, whether written or oral, with respect to the Scope of Work.
C. Dispute Resolution Procedure. The City and (NAME) shall endeavor to resolve all disputes through business-like negotiations, without resort to litigation.
Accordingly, if a dispute arises, the Parties shall meet and engage in reasonable good faith negotiations to resolve the matter. If the Parties are unable to negotiate a mutually acceptable resolution within ten (10) calendar days they shall be free to pursue any legal remedies which may be available. Except as to those matters that the Parties mutually agree to be resolved by such alternate dispute resolution mechanisms as the Parties may deem appropriate, all claims, disputes and other matters in question which arise out of or relate to this Agreement shall be decided by a court of competent jurisdiction.
D. Governing Law and Forum. This Agreement shall be governed by the laws of the State of California, and any action to enforce or interpret its provisions must be brought in courts located in Los Angeles County, California. 3 No Assignment. Except as expressly provided herein, neither Party may assign or transfer, either directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, any of its rights under this Agreement without the other Party's prior written consent.
F. Severability. The invalidity of any term or condition of this Agreement shall not impair or otherwise affect the validity, enforceability or effect of any other term or condition of this Agreement.
G. No Third Party Beneficiaries. No provision contained in this Agreement shall create or give to third parties any claim or right of action against the City or (NAME).
H. Attorneys' Fees. In the event any suit, action or proceeding arising from or based upon this Agreement or the Scope of Work shall be instituted between the City and (NAME), the prevailing party in any such action, suit or proceeding shall be entitled to recover its reasonable attorneys' fees, costs and disbursements, including the cost of reasonable investigation, preparation and professional or expert consultation incurred by reason of such suit, action or proceedings.
1. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original for all purposes, and all of such counterparts shall constitute but one and the same Agreement.
Authority. Each person executing this Agreement hereby represents and warrants (1) their authority to do so, and (2) that such authority has been duly and validly conferred.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY OF INDUSTRY NAME
Joshua Nelson, City Manager (NAME), an Individual
CITY COUNCIL
ITEM NO. 6.6
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; James Cramsie, Director of Engineering, CNC Engineering
DATE: August 10, 2023
SUBJECT: Consideration of Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for participation in a joint Dominguez Channel/Harbor Toxic Total Maximum Daily Load (TMDL) Monitoring Program
BACKGROUND
On May 11, 2011, the California Regional Water Quality Control Board, Los Angeles Region, adopted the "Dominguez Channel and Greater Harbors Toxic TMDL". This Total Maximum Daily Load ("TMDL") requires cities and agencies ("permittees") tributary to the Los Angeles and San Gabriel Rivers to conduct monitoring for toxic pollutants as defined by that TMDL. These pollutants and the associated testing method require the installation of specialized monitoring equipment. To reduce costs, the Gateway Water Management Authority ("GWMA") acts as the fiduciary agent for the installation of and subsequent monitoring of three monitoring stations at three different locations.
All participating permittees share the cost, responsibility, and testing results.
The three monitoring stations are located at or near:
• The existing Los Angeles River mass emission station at Wardlow • Spring Street and the San Gabriel River (a new installation) • The existing Coyote Creek mass emission station at Spring Street On May 28, 2015, the City Council approved the Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for Cost Sharing for the Installation of Monitoring Equipment and Monitoring Pursuant to the Harbor Toxic Pollutants TMDL ("Agreement"), and subsequent monitoring of the three (3) stations listed above. The Agreement went into effect on July 1, 2015 and expired on June 30, 2018.
On June 28, 2018, the City Council approved a new Agreement with GWMA for cost sharing for continued monitoring of the three (3) stations listed above. The Agreement went into effect on July 1, 2018 and expired on June 30, 2023.
DISCUSSION
To continue to participate in the program, permittees are required to sign a new Agreement with GWMA. Due to the number of permittees involved, the Agreement is not subject to altering or customization. Cost shares were developed based on each watershed group paying a fee based on percentage of area within the watershed area. GWMA will also assess a two to five percent indirect fee for GWMA members and a five to 10 percent administrative fee for non-members to cover the cost of administering this program. The City is a non-member of GWMA.
FISCAL IMPACT
The group has agreed that the total annual cost for monitoring of the three locations for all participants will not exceed $142,514.10 for FY 2023-24, $143,130.64 for FY 2024-25 and $146,490.37 for FY 2025-26. The group will provide funding in accordance with the cost allocation formula, which is based on percentage of area within the watershed area along with an administrative fee. See Exhibit 'A' of the Agreement for further details of the Cost Allocation Formula breakdown.
The Agreement has outlined the portion of the monitoring costs and administrative fees the City will be responsible to contribute. The City will contribute $1,770.91 for FY 2023-24 and estimated to contribute $1,880.62 for FY 2024-25 and $1,924.76 for FY 2025-26. The City will be invoiced by GWMA on an annual basis, which includes proportional share of the Monitoring Costs and administrative fees. The terms of the agreement shall begin on July 1, 2023 and expire on June 30, 2026.
Costs associated with this agreement shall be paid from Municipal Funds received from the Safe, Clean Water Program (Measure W).
RECOMMENDATION
It is hereby recommended that the City Council approve the Agreement.
Attachments
A. Consideration of Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for participation in a joint Dominguez Channel/Harbor Toxic Total Maximum Daily Load (TMDL) Monitoring Program
ATTACHMENT A
06/08/2023
AGREEMENT
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE
CITY OF INDUSTRY
FOR COST SHARING FOR THE INSTALLATION OF MONITORING EQUIPMENT
AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TMDL This Agreement is made and entered into as of June 8, 2023, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"), a California Joint Powers Authority, and the City of Industry, (the "Permittee"). The Permittee and the GWMA are collectively referred to as the "Parties";
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area;
WHEREAS, for the purposes of this Agreement, the term "MS4 Permittees" shall mean those public agencies that are co-permittees to a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order ("MS4 Permit") issued by the Los Angeles Regional Water Quality Control Board; WHEREAS, the United States Environmental Protection Agency established the Total Maximum Daily Loads ("TMDL") for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters ("Harbor Toxic Pollutants TMDL"); WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System ("NPDES") permit holders, requiring organization and cooperation among the MS4 Permittees;
WHEREAS, the Permittee manages, drains or conveys storm water into at least a portion of the Los Angeles River including its estuary or Coyote Creek or the San Gabriel River including their estuaries;
WHEREAS, various MS4 Permittees desire to achieve the objectives of the Harbor Toxic Pollutants TMDL by continuing to maintain the monitoring station in the Los Angeles River at Wardlow Road, monitoring station in the San Gabriel River near Spring Street, and monitoring station in the Coyote Creek, also near Spring Street and conducting monitoring at said monitoring stations (collectively "Monitoring Stations") to ensure consistency with other regional monitoring programs and usability with other TMDL related studies;
WHEREAS, continuing maintenance of the Monitoring Stations and future monitoring requires administrative coordination for the various MS4 Permittees that the GWMA can and is willing to provide;
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WHEREAS, the Lower Los Angeles River Watershed Management Group and the Lower San Gabriel River Watershed Management Group have been formed pursuant to the MS4 Permit and oversee and manage the monitoring program for the Harbor Toxic Pollutants TMDL within their respective watersheds;
WHEREAS, the members of the GWMA are the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Water Replenishment District, Central Basin Municipal Water District, Port of Long Beach, and the Long Beach Water Department ("GWMA Members"); WHEREAS, because of the financial savings and benefits resulting from this cost- sharing arrangement, other MS4 Permittees that are not GWMA Members may request to participate in the cost sharing of the Monitoring Costs for the maintenance of the Monitoring Stations and the costs of monitoring conducted at the Monitoring Stations (collectively "Monitoring Costs");
WHEREAS, the GWMA Board of Directors authorized the GWMA to enter into individual separate agreements with such individual MS4 Permittees (which shall not have voting rights in the GWMA) for purposes of only cost sharing in the Monitoring Costs; WHEREAS, because GWMA Members already pay annual membership fees that pay for GWMA administrative costs, GWMA Members that participate in the cost share for the Monitoring Costs shall pay an administrative fee that is less than that the administrative fee charged to MS4 Permittees that are not GWMA Members; WHEREAS, certain private NPDES permit holders that are subject to the Harbor Toxic Pollutants TMDL have also expressed interest in participating in the cost share for the Monitoring Costs and procuring the monitoring data generated pursuant to this Agreement in order to satisfy their own permit obligations; WHEREAS, the current agreements that cover the cost share arrangements for the Monitoring Costs through fiscal year 2022-2023 will expire on June 30, 2023.
WHEREAS, it is currently unknown how many MS4 Permittees and private NPDES permit holders will ultimately participate in the cost sharing of the Monitoring Costs for fiscal years 2023-2024 through 2025-2026;
WHEREAS, depending on how many MS4 Permittees and private NPDES permit holders ultimately participate in the cost sharing for the Monitoring Costs, each participating Permittee's annual cost share amount will be adjusted and the GWMA will notify each participating Permittee of its adjusted annual cost share amount in writing; WHEREAS, the Permittee desires to share in the Monitoring Costs;
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WHEREAS, the Parties have determined that authorizing GWMA to hire consultants as necessary to maintain the Monitoring Stations and conduct the monitoring required by the Harbor Toxic Pollutants TMDL will be beneficial to the Parties; WHEREAS, the Permittee agrees to pay: (a) its proportional share of the Monitoring Costs to be incurred by the GWMA in accordance with the Cost Sharing Formula reflected in Exhibit "A"; and (b) applicable administrative fees to cover administrative costs; and
WHEREAS, the role of the GWMA is to: (1) invoice and collect funds from the Permittee to cover its portion of the Monitoring Costs; and (2) hire and retain consultants to maintain Monitoring Stations and conduct monitoring at the Monitoring Stations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Purpose. The purpose of this Agreement is for the Permittee to cost share in the Monitoring Costs.
Section 2. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this Agreement.
Section 3. Voluntary Nature. The Parties voluntarily enter into this Agreement.
Section 4. Binding Effect. This Agreement shall become binding on GWMA and the Permittee.
Section 5. Term. This Agreement shall commence on July 1, 2023 and shall expire on June 30, 2026, unless terminated earlier pursuant to this Agreement.
Section 6. Role of the GWMA.
(a) The GWMA shall invoice and collect funds from the Permittee to cover the Monitoring Costs.
(b) The GWMA shall administer the consultants' contracts for the Monitoring Costs. Provided the Permittee has paid all outstanding invoices to the GWMA to cover the Monitoring Costs and administrative costs, the GWMA will provide the Permittee with the monitoring data collected from the Monitoring Stations and any associated reports.
The GWMA is authorized and may negotiate, enter into agreements with, and collect funds from general and individual NDES permit holders, that are not MS4 Permittees, for cost-sharing the Monitoring Costs in order to reduce the total costs incurred by the MS4 Permittees.
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Section 7. Financial Terms.
(a) Annual Payment Amount. The Permittee shall pay no more than the following amounts for each of the three fiscal years (June 30-July 1) listed below ("Annual Payment Amount*):
Fiscal Year 2023-2024:
One Thousand Six Hundred Twenty Eight Dollars and Twenty Eight Cents ($1,628.28)
Fiscal Year 2024-2025:
One Thousand Six Hundred Thirty Five Dollars and Thirty Two Cents ($1,635.32) Fiscal Year 2025-2026:
One Thousand Six Hundred Seventy Three Dollars and Seventy One Cents ($1,673.71)
Each Annual Payment Amount includes the Permittee's Cost Share Amount identified in Exhibit "A", attached hereto and incorporated herein.
(b) Administrative Costs. In addition to the Annual Payment Amount, the Permittee shall also pay its proportional share of the GWMA's staff time for hiring the consultants, managing the consultants' contracts, and invoicing the Permittee and legal fees incurred by the GWMA in the performance of its duties under this Agreement ("Direct Costs"), and audit expenses and other overhead costs ("Indirect Costs"), referred to collectively herein as the "Administrative Costs Payment Amount". The Administrative Costs Payment Amount will be added to the Permittee's annual invoice to cover the Permittee's share of the administrative costs.
GWMA Members. If the Permittee is a GWMA Member, then
the Administrative Costs Payment Amount does not include the GWMA's Indirect Costs, which GWMA Members absorb as part of their annual membership dues. The rate charged to GWMA Members in order to recover the Direct Costs portion of the Administrative Costs Payment Amount will range between zero percent (0%) and five percent (5%) of the of the Permittee's Cost Share Amount identified in Exhibit "A." On an annual basis the GWMA will evaluate the percentage rate charged to GWMA Members to ensure it adequately recovers the GWMA's cost of performing its duties under this Agreement. Based on this review, the GWMA Board will establish the rate charged to recover its Direct Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days' written notice prior to July 1st of the fiscal year in which a new rate will take effect. il. Non-GWMA Members. If the Permittee is not a GWMA
Member, then the Administrative Costs Payment Amount will include the GWMA's Indirect Costs. The rate charged to Non-GWMA Members in order to recover Direct Costs will
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range between five percent (5%) and ten percent (10%) of the Permittee's Cost Share Amount identified in Exhibit "A." The rate charged to Non-GWMA Members in order to recover Indirect Costs will range between two percent (2%) and five percent (5%) of the Permittee's Cost Share Amount identified in Exhibit "A." On an annual basis the GWMA will evaluate the percentage rates for both Direct and Indirect Costs charged to Non- GWMA Members to ensure they adequately recover the GWMA's cost of performing its duties under this MOU. Based on this review, the GWMA Board may increase or decrease the rates charged to recover its Direct and Indirect Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days' written notice prior to July 1st of the fiscal year in which a new rate will take effect.
(c) Adjustment of Cost Share Based on Number of Participants. The Annual Payment Amount and the Administrative Costs Payment Amount identified in this Section 7 ("Financial Terms") represent the maximum dollar amounts that the Permittee is required to submit to the GWMA, but may be reduced based on the final number of MS4 Permittees that participate in the cost sharing for the Monitoring Costs. (d) Reserve Credits. If the actual cost share amount plus administrative costs collected by GWMA from all participating permittees in the Harbor Toxic Pollutants TMDL program are less than the Annual Payment Amount, plus the Administrative Costs Payment Amount, paid by all permittees in a particular year, then the GWMA will notify the Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups. The Chairs will direct GWMA on how to apply the excess balance, which may include carrying the balance over to cover permittee costs in one or more subsequent years., GWMA reserves the right to transfer funds from the excess balance to maintain a minimum balance of $10,000 in its account dedicated to the Harbor Toxic Pollutants TMDL program at all times, per GWMA's Administrative Budget Policy.
Notwithstanding the forgoing, the Administrative Costs Payment Amount charged to non- GWMA Members for Indirect Costs will be retained by GWMA and is not subject to a credit.
(e) Funds remaining in the possession of the GWMA at the expiration or earlier termination of this MOU shall be promptly returned to the Permittee in proportion to the Cost Share Amount identified in Exhibit "A" or rolled over into the subsequent MOU for the Harbor Toxic Pollutants TMDL if requested by the Permittee. (f) The Permittee's Annual Payment Amount and Administrative Costs Payment Amount for the 2023-2024 fiscal year are due upon execution of this Agreement, but in no event later than September 30, 2023. For each subsequent fiscal year, commencing with the 2024-2025 fiscal year, the GWMA shall submit annual invoices to the Permittee for the Annual Payment Amount and Administrative Costs Payment Amount. Upon receiving an invoice from GWMA, each Permittee shall pay the Annual Payment Amount and Administrative Costs Payment Amount set forth in the invoice to the GWMA within forty-five (45) days of receipt.
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(9) The Permittee shall be delinquent if its invoiced payment is not received by the GWMA within forty-five (45) days after the invoice's date. If the Permittee is delinquent, the GWMA will: 1) verbally contact the representative of the Permittee; and 2) submit a formal letter from the GWMA Executive Officer to the Permittee at the address listed in Section 11 of this Agreement. If payment is not received within sixty (60) days of the original invoice date, the GWMA may terminate this Agreement. However, no such termination may be ordered unless the GWMA first provides the Permittee with thirty (30) days written notice of its intent to terminate the Agreement. The terminated Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. If the GWMA terminates this Agreement because the Permittee is delinquent in its payment, the Permittee shall no longer be entitled to the monitoring data collected from the Monitoring Stations. (h) Any delinquent payments by the Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.
Section 8. Independent Contractor.
(a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this Agreement. The GWMA's officers, officials, employees and agents shall at all times during the term of this Agreement be under the exclusive control of the GWMA. The Permittee cannot control the conduct of the GWMA or any of its officers, officials, employees or agents. The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Permittee.
(b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers' compensation, or similar taxes for its employees and consultants performing services hereunder.
Section 9. Indemnification and Warranty.
(a) The Permittee shall defend, indemnify and hold harmless the GWMA and its officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney's fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA) for negligent or intentional acts, errors and omissions committed by the Permittee or its officers, employees, and agents, arising out of or related to that Permittee's performance under this Agreement, except for such loss as may be caused by GWMA's negligence or that of its officers, employees, or other representatives and agents, excluding the consultant. (b) GWMA makes no guarantee or warranty that any monitoring data prepared by the consultants shall be approved by the relevant governmental authorities.
GWMA shall have no liability to the Permittee for the negligent or intentional acts or omissions of GWMA's consultants.
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Section 10. Termination.
(a) The Permittee may terminate this Agreement for any reason, or no reason, by giving the GWMA prior written notice thereof, but the Permittee shall remain responsible for its entire Annual Payment Amount through the end of the current fiscal year during which Permittee terminates the Agreement and shall not be entitled any refund of any portion of said Annual Payment Amount. Moreover, unless the Permittee provides written notice of termination to the GWMA by February 15th immediately prior to a new fiscal year, the Permittee shall also be responsible for its Annual Payment Amount through the end of such new fiscal year (e.g., If the Permittee terminates on March 1st, 2024, the Permittee is responsible for the Annual Payment Amounts for both fiscal years 2023-2024 and 2024-2025. If the Permittee terminates on February 10, 2024, the Permittee is responsible for its Annual Payment Amount only for Fiscal year 2023- 2024, not for fiscal year 2024-2025). If the Permittee terminates the Agreement, the Permittee shall remain liable for any loss, debt, or liability otherwise incurred through the end of the new fiscal year.
The GWMA may, with a vote of the GWMA Board, terminate this Agreement upon not less than thirty (30) days written notice to the Permittee. Any remaining funds not due and payable or otherwise legally committed to Consultant shall be returned to the Permittee.
Section 11. Miscellaneous.
(a) Other NPDES Permit Holders. Individual or general NPDES permit holders who are not MS4 Permittees that receive Harbor Toxic Pollutants TMDL monitoring requirements in their NPDES permits may wish to participate in this cost share for the Monitoring Costs in order to receive the monitoring data collected from the Monitoring Stations. Upon receipt of a written request from an NPDES permit holder to participate in this cost share, the GWMA will either reject or accept the NPDES permit holder's participation in the cost share arrangement. If accepted, the NPDES permit holder will enter into a separate cost share agreement with the GWMA that will require the NPDES permit holder to pay annually at least twelve thousand three hundred dollars ($12,300) ("Private Monitoring Fee") for the Monitoring Costs. Failure to pay the Private Monitoring Fee by the date set forth in the cost share agreement will result in termination of the NPDES permit holder's participant status. An NPDES permit holder accepted as a participant will only be entitled to receive the monitoring data collected from the Monitoring Stations for any fiscal year in which the participant has paid its Private Monitoring Fee. The Private Monitoring Fee will be applied as a credit toward the Permittee's Annual Payment Amount in proportion to the Permittee's Cost Share Amount identified in Exhibit "A."
(b) Notices. All Notices which the Parties require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
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To GWMA:
Ms. Grace Kast
Executive Officer
16401 Paramount Boulevard
Paramount, CA 90723
To the Permittee:
City of Industry
15625 E. Stafford Street
Industry, CA 91744
Attn: Josh Nelson
Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by a written instrument signed by all Parties.
Waiver. Waiver by either the GWMA or the Permittee of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or the Permittee, to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this Agreement.
Law to Govern: Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles. (f) No Presumption in Drafting. The Parties to this Agreement agree that the general rule than an agreement is to be interpreted against the Party drafting it, or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and construed without the invalid, void, or unenforceable provisions(s).
(h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this Agreement.
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(i) Legal Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language.
(k) Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of Permittee warrants and represents that he or she has the authority to execute this Agreement on behalf of the Permittee and has the authority to bind Permittee.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:
DATE: LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Adriana Figueroa
GWMA Chair
DATE: PERMITTEE
City of Industry
Signature
Print Name
Print Title
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EXHIBIT "A"
COST SHARE MATRIX
ATTACHED
Harbor Toxic Upstream
FY 2023-2024 Cost Share
Direct GWMA Indirect GWMA
GWMA LAR SGR SGR-CC Admin Direct Admin Admin Fee Indirect Agency Member? S10 GR1 513 Subtotal Fee % Fee % Admin Fee Total Fee City of Alhambra no $ 769.90 $ 769.90 10% 76.99 5.00% $ 38.51 885.39 City of Arcadia no 883.29 647.82 $ 1,531.11 10% $ 153.11 5.00% 76.56 1,760.77 City of Artesia yes 670.42 $ 1,999.78 2,670.20 5% $ 133.51 0.00% 2,803.71 City of Azusa 1,406.84 1,406.84 10% $ 140.68 5.00% 70.33 1,617.87 City of Baldwin Park no $ 1,195.60 1,195.60 10% $ 119.56 5.00% 59.78 1,374.93 City of Bell yes $ 594.86 594.86 5% $ 29.74 0,00% 624.61 City of Bell Gardens yes $ 589.46 589.46 5% 29.46 0.00% 618.93 City of Bellflower yes 788.13 788.13 5% 39.41 0.00% 827.53 City of Bradbury $ 530.64 722,94 1,253.58 10% $ 125.36 5.00% 62.68 1,441.62 City of Burbank $ 1,108.80 1,108.80 10% 110.88 5.00% 55.44 1,275.12 City of Calabasas ПО $ 722.00 $ 722.00 10% 72.20 5.00% 36.10 830.30 City of Cerritos yes 874.61 3,356.65 $ 4,231,26 5% $ 211.56 0.00% 4,442.83 City of Claremont 1,755.26 1,755.26 10% 175.53 5.00% 87.76 2,018.55 City of Commerce yes $ 732.31 732.31 5% 36.63 0.00% 768.93 City of Compton yes 857.25 857.25 5% $ 42.86 0.00% 900.11 City of Covina no S 1,214.67 1,214.67 10% $ 121.47 5,00% 60.74 1,396.87 City of Cudahy ves 546.30| 546.30฿ 5% $ 27.33 0.00% 573.62 City of Diamond Bar $ 1,225.38$ 3,704.23 4,929.61 10% 492.96 5.00% 246.48 5,669.05 City of Downey yes $ 696.90 1,182.79 1.879,69 5% $ 93.98 0.00 $ 1.973.68 City of Duarte no $ 549.90 818.96 1,368.86 10% $ 136.89 5.00% 68.44 1,574.19 City of El Monte no $ 747 97 $ 835.94 1,583.91 10% $ 158.39 5.00% 79.20 1,821.50 City of Glendale no $ 1,572.21 1,572.21 10% 157,22 5.00% 78.62 1,808.05 City of Glendora no $ 1,845.14 1,845.14 10% 184.51 5.00% 92.26 2,121.91 City of Hawaiian Gardens yes 1,951.65 1,951.65 5% 97.58 0.00% 2,049.23 City of Hidden Hills $ 555.85 555.85 10% $ 55.59 5.00% 27.79 639.23 City of Huntington Park yes 608.72 608.72 5% $ 30.44 0.00% S $ 639.16 City of Industry 1,628.28 $ 1,628.28 10% 162.83 5.00% 81.42 $ 1,872.52 City of Irwindale no 5 55530 559.29 $ 1,299.19 $ 1,858.48 10% 185.85 5.00% 92.93 $ 2,137.25 City of La Canada Flintridge no 805.37 10% 80.54 5.00% 40.27 926.18 City of La Habra Heights no 719.54 $ 2,995.71 3,715.25 10% 371.52 5.00% 185.77 4,272.54 City of La Mirada yes 3,914.11 3,914.11 5% 195.71 0.00% 4,109.81 City of La Puente no 917.59 917,59 10% $ 91.76 5.00% 45.87 $ 1,055.23 City of La Verne no 1,341.78 1,341.78 10% 134.18 5.00% 67.09 $ 1,543.05 City of Lakewood yes 506.20 716.67 $ 1,956.11 3,178.97 5% 158.95 0.00% $ 3,337.92 City of Long Beach yes $ 933.38 710.26 2,354.48 3,998.12 5% 199.91 0.00% $ 4,198.03 City of Los Angeles no $10,395.22 $ 10.395.22 10% 1.039 52 5.00% 519.76 $ 11,954.50 City of Lynwood yes 5 672.45 672.45 5% 33.62 0.00% 706.08 City of Maywood $ 544.56 $ 544.56 5% 27.22 0.00% $71.78 yes
City of Monrovia no 776.51 635.93 1,412.44 10% 141.24 5.00% 70.62$ 1,624.30 City af Montebello yes $ 795.66 $ 795.66 5% 39.77 0.00% - 835.44 City of Monterey Park no 773.62 773.62 10% 77.36 5.00% 38.68 889.66 City of Norwalk yes 993.49 $ 3,218.96 4,212.45 5% 210.62 0.00% 4,423.08 1 of 2
Harbor Toxic Upstream
FY 2023-2024 Cost Share
Direct GWMA Indirect GWMA
GWMA LAR SGR SGR-CC Admin Direct Admin Admin Fee Indirect Agency Member? $10 GR1 S13 Subtotal Fee % Fee % Admin Fee Total Fee City of Paramount yes 612.38 612.38 5% 30.62 0.00% $ 643.00 City of Pasadena no $ 1,311.23 1,311.23 10% 131.12 5.00% 65.57 1,507.92 City of Pico Rivera yes 585.81 1,142.56 1,728.36 5% 86.42 0.00% 1,814.78 City of Pomona 2,549.82 $ 2.549.82 10% 254.98 5.00% S 127.49 2,932.29 City of Rosemead no 684.08 684.08 10% 68.41 5.00% S 34.20 786.69 City of San Dimas $ 1,918.04 1,918.04 10% 191.80 5.00% 95.90 2,205.74 City of San Fernando no 586.24 586.24 10% 58.62 5.00% 29.30 674.18 City of San Gabriel no $ 647.74 647.74 10% 5 64.77 5.00% 32.39 744.90 City of San Marino no 634.91 $ 634.91 10% $ 63.49 5.00% 31.75 730.15 City of Santa Fe Springs yes 878.14 3,361.55 4,239.69 5% 211.98 0.00% S S 4,451.68 City of Sierra Madre $ 601.19 $ 601.19 10% $ 60.12 5,00% S 30.05 691.37 City of Signal Hill yes $ 509.09 $ 509.09 5% $ 25.45 0.00% 534.54 City of South El Monte no 589.00 $ 659.45 1,248.45 10% 124.84 5.00% S 62.42 1,435.72 City of South Gate yes 760.08 760.08 5% 38.00 0.00% $ 798.09 City of South Pasadena no $ 622.69 622.69 10% $ 62.27 5.00% 31.13 716.09 City of Temple City no $ 644.03 644.03 10% 64.40 5.00% 32.20 740.63 LA County Unincorporated no $ 2,829.92 S 4,772.41 $ 6,335.54$ 13,937.86 10% 1,393.79| 5.00% 696.89 S 16,028.54 City of Vernon yes $ 683.37 683.37 5% 0.00% 717.53
City of Walnut no $ 1,381.37 1,381.37 10% 138.14 5.00% 69.07$ 1,588.57 City of West Covina no $ 1,979.57 1,979.57 10% 197.96 5.009 S 5,968.94 989 5 226531
City of Whittier yes 844.56 $ 5,124.38S 5% 298.45 0.00% 6,267.39 LACFCD no IS 2,119.64 5 2,119.64 $ 2,119.64 S 6,358.92 10% 635.89 5.00% 317.96 s 7,312.75 Total $43,250.02 $ 42,392.78 $ 42,392.78 $ 128,035.57 $10,440.14 $ 4,038.39 $ 142,514.10 NOTES:
The GWMA administration cost is as follows:
Direct admin fee is 0-5% for GWMA members and 5-10% for non-members.
Indirect admin fee is 2-5% for non-members.
he rates applied above assume the following
GWMA Members Admin Fee 5%
GWMA Non-Members Admin Fee = 10%
GWMA Indirect Fee = 5%
2 of 2
Harbor Toxic Upstream
FY 2024-2025 Cost Share
Direct GWMA Indirect GWMA
GWMA LAR SGR SGR-CC Admin Direct Admin Admin Fee Indirect Agency Member? S10 GR1 S13 Subtotal Fee % Fee % Admin Fee Total Fee City of Alhambra 773.24 $ 773.24 10% 77.32 5.00% 38.67 889.22 City of Arcadia $ 887.11 650.62 1,537.73 10% 153.77 5.00% 76.89 $ 1,768.39 City of Artesia yes S 673.32 2,008.43 2,681.75 5% 134.09 0.00% 2,815.83 City of Azusa no 1,412.93 1,412.93 10% 141.29 5.00% 70.64 1,624.87 City of Baldwin Park no $ 1,200.77 1,200.77 10% 120.08 5.00% 60.04 $ 1,380.88 City of Bell yes 597.44 597.44 5% 29.87 0.00% 627.31
City of Bell Gardens yes $ 592.01 592.01 5% 29.59 0.00% 621.61 City of Bellflower yes 791.54 791.54 5% 39.58 0.00% 831.11| City of Bradbury no $ 532.94 $ 726.06 $ 1,259.00 10% 125.90 5.00% $ 62.95 $ 1,447.85 City of Burbank no 1,113.60 1,113.60 10% 111.36 5.00% 55.68 1,280.64 City of Calabasas $ 725.12 725.12 10% 72.51 5.00% 36.26 833.89 City of Cerritos yes 878.39 $ 3,371.17 4,249.57 5% 212.48 0.00% $ 4,462.05 City of Claremont no 1,762.85 1,762.85 10% 176.29 5.00% 88.14 2,027.28 City of Commerce yes $ 735.48 735.48 5% 36.78 0.00% 772.25 City of Compton yes $ 860.96 860.96 5% 43.05 0.00% 904.01 City of Covina no S 1,219.92 $ 1,219.92 10% 121.99 5.00% 61.01 1,402.91 City of Cudahy yes 548.66 548.66 5% $ 27.44 0.00% $ 576.10 City of Diamond Bar no 1,230.68 5 3,720.25 S 4,950.93 10% 495.09 5.00% 247.55 $ 5,693.57 City of Downey yes $ 699.91 1,187.91 $ 1,887.82 5% $ 94.39 0.00% $ 1,982.21 City of Duarte no 552.28 822.50 1,374.78 10% 137.48 5.00% 68.74 1,581.00 City of El Monte no 751.21 $ 839.56 1,590.76 10% 159.08 5.00% 79.54 1 829 38 City of Glendale no $ 1,579.02 1,579.02 10% $ 157.90 5.00% $ 78.96 1,815.87 City of Glendora no 1.853.12 1.853.12 10% 185.31 5.00% $ 92.66 2,131.09 City of Hawaiian Gardens yes 1,960.09 1,960.09 5% 98.00 0.00% 2,058.10 City of Hidden Hills no $ 558.25 558.25 10% 55.83 5.00% 27.91 641.99 City of Huntington Park yes $ 611.36 611.36 5% 30.57 0.00% $ 641.92 City of Industry no $ 1.635.32 $ 1,635.32 10% 163.53 5.00% 81.78 $ 1,880.62 City of Irwindale no $61.71 1,304.81 1,866.52 10% $ 186.65 5.00% 93.34 $ 2,146.50 City of La Canada Flintridge no $ 808.86 808.86 10% 80.89 5.00% 40.44 $ 930.18 City of La Habra Heights no 722,65 3.008.67 3.731.32 10% $ 373.13 5.00% 186.58 $ 4,291.02 City of La Mirada yes 3.931.04 3.931.04 5% $ 196.55 0.00% 4,127.59 City of La Puente no 921.56 921.56 10% $ 92.16 5.00% 46.07 1,059.80 City of La Verne no S 1,347.59 1,347.59 10% 134.76 5.00% 67.38 1,549.73 City of Lakewood yes $ 508.39 719.77 $ 1,964.57 3,192.72 5% $ 159.64 0.00% $ 3,352.36 City of Long Beach yes $ 937.42 713.34| $ 2,364.67 $ 4,015.42 5% $ 200.77 0.00% $ 4,216.19 City of Los Angeles no $10,440.19 10,440.19 10% 1,044.02 5.00% S 522.01 12,006.22 City of Lynwood yes $ 675.36 675.36 5% 33.77 0.00% $ 709.13 City of Maywood yes $ 546.91 546.91 5% 27.34 0.00% 574.26 City of Monrovia no $ 779.87 $ 638.68 1,418.55 10% $ 141.85 5.00% 70.93 1,631.33 City of Montebello yes $ 799.10 799.10 5% 39.95 0.00% 839.06 City of Monterey Park no 776.96 776.96 10% $ 77.70 5.00% 38.85 893.51 City of Norwalk yes 997.79| $ 3,232.88 4,230.68 5% $ 211.53 0.00% $ 4,442.21 1 of 2
Harbor Toxic Upstream
FY 2024-2025 Cost Share
Direct GWMA Indirect GWMA
GWMA LAR SGR SGR-CC Admin Direct Admin Admin Fee Indirect Agency Member? $10 GR1 S13 Subtotal Fee % Fee Admin Fee Total Fee City of Paramount yes 615.03 615.03 5% $ 30.75 0.00% 645.78 City of Pasadena no $ 1,316.91 1,316.91 10% $ 131.69 5.00% S 65.86 1,514.44 City of Pico Rivera yes 588.34 1,147.50 1,735.84 5% 86.79 0.00% 1,822.63 City of Pomona $ 2,560.85 2,560.85 10% 256.08 5.00% 128.04 2,944.98 City of Rosemead no $ 687.04 687.04 10% $ 68.70 5.00% 34.35 790.09 City of San Dimas no 1,926.34 1,926.34 10% 192.63 5.00% 96.32 2,215.29 City of San Fernando no $ 588.78 588.78 10% 58.88 5.00% 29.43 677.10 City of San Gabriel no $ 650.54 650.54 10% $ 65.05 5.00% S 32.53 748.12 City of San Marino no 637.66 637.66 10% 63.77 5.00% $ 31.88 733.31 City of Santa Fe Springs yes $ 881.94 $ 3,376.10 4,258.03 5% 212.90 0.00% 4,470.94 City of Sierra Madre no 603.79 603.79 10% 60.38 5,00% 30.18 694.36 City of Signal Hill yes $ 511.29 511.29 5% $ 25.56 0.00% 536.86 City of South El Monte no 591.55 $ 662.30 1,253.85 10% 125.38 5.00% 62.69 1,441.93 City of South Gate yes $ 763.37 $ 763.37 5% 38.17 0.00% 801.54 City of South Pasadena no $ 625.39 $ 625.39 10% 62.54 5.00% 31.27 $ 719.19 City of Temple City no 646.81 $ 646.81 10% 64.68 5,00% 32.34 743.83 LA County Unincorporated no $ 2,842.16 $ 4,793.05 6,362.95 $ 13,998.16 10% 1,399.82 5.00% 699.91 16,097.89 City of Vernon yes 686.32 686.32 5% 34.32 0.00% S 720.64 City of Walnut no $ 1,387.34 1,387.34 10% 138.73 5.00% $ 69.37 1,595.44 City of West Covina no $ 1,988.13 1,988.13 10% $ 198.81 5.00% IS 99.41 2,286.35 City of Whittier yes $ 848.22 $ 5,146.55 5,994.76 5% $ 299.74 0.00% - $ 6,294.50 LACFCD no $ 2,128.81 $ 2,128.81 2,128.81 IS 6,386.43 10% 638.64 5.00% 319.33 7,344.39 Total $43,437.13 $ 42,576.18 $ 42,576.18 $ 128,589.48 $10,485.31 $ 4,055.86 $ 143,130.64 NOTES:
The GWMA administration cost is as follows:
Direct admin fee is 0-5% for GWMA members and 5-10% for non-members.
Indirect admin fee is 2-5% for non-members.
The rates applied above assume the following :
SWMA Members Admin Fee = 5%
GWMA Non-Members Admin Fee = 10%
GWMA Indirect Fee = 5%
2 of 2
Harbor Toxic Upstream
FY 2025-2026 Cost Share
Direct GWMA Indirect GWMA
GWMA LAR SGR SGR-CC Admin Direct Admin Admin Fee Indirect Agency Member? S10 GR1 $13 Subtotal Fee % Fee % Admin Fee Total Fee City of Alhambra пО $ 791.39 791.39 10% 79.14 5.00% 39.58 $ 910.09 City of Arcadia no $ 907.93 665.89 1,573.83 10% 157.38 5.00% 78.69 1,809.90 City of Artesia yes 689.12 $ 2,055.57 2,744.70 5% $ 137.23 0.00% 2,881.93 City of Azusa 1,446.09 1,446.09 10% 144.61 5.00% 72.29 1,663.01 City of Baldwin Park no 1,228.95 1,228.95 10% 122.90 5.00% 61.45 $ 1,413.30 City of Bell yes 611.46 611.46 5% 30.57 0.00% 642.03
City of Bell Gardens yes $ 605.91 605.91 5% 30.29 0.00% $ 636.20 City of Bellflower yes 810.12 810.12 5% 40.51 0.00% 850.62 City of Bradbury no 545.45 743.11 1,288.55 10% 128.86 5.00% $ 64.43 $ 1,481.84 City of Burbank no S 1,139.74 1,139.74 10% 113.97 5.00% S 56.99 1,310.70 City of Calabasas no $ 742.14 742.14 10% 74.21 5,00% 37.11 $ 853.46 City of Cerritos yes 899.01 $ 3,450.31 4,349.32 5% 217.47 0.00% 4,566.78 City of Claremont по $ 1,804.23 1,804.23 10% 180.42 5.00% 90.21 2.074.87 City of Commerce yes $ 752.74 752.74 5% 37.65 0.00% 790.38 City of Compton yes 881.17 881.17 5% 44.06 0.00% 925.23 City of Covina пО 1,248.56 1,248.56 10% 124.86 5.00% S 62.44 $ 1,435.84 City of Cudahy yes 561.54 561.54 5% 28.09 0.00% 589.62
City of Diamond Bar 1,259.575 3,807.58 5,067.15 10% 506.71 5.00% 253.36 $ 5,827.22 City of Downey yes 716.34 1,215.79 1,932.14 5% 96.61 0.00% $ $ 2,028.74 City of Duarte no $ 565.25 841.81 1,407.05 10% 140.71 5.00% 70.35 1,618.11 City of El Monte no $ 768.84 859.26 1,628.10 10% $ 162.81 5.00% 81.41 1,872.32 City of Glendale $ 1,616.08 $ 1,616.08 10% 161.61 5.00% 80.81 1,858.49 City of Glendora no 1,896.62 1.896.62 10% 189.66 5.00% 94.83 2,181.12 City of Hawaiian Gardens yes 2,006.10 2,006.10 5% 100.31 0.00% S 2,106.41 City of Hidden Hills no $ 571.36 571.36 10% 57.14 5.00% $ 28.57 657.06 City of Huntington Park yes 625.71 625.71 5% $ 31.29 0.00% 656.99 City of Industry no S 1,673.71 1,673.71 10% 167.37 5.00% 83.70 $ 1,924.76 City of Irwindale no 574.89 1,335.44 1,910.23 10% $ 191.03 5.00% 95.53| 2,196.88 City of La Canada Flintridge $ 827.84 827.84 10% 82.78 5.00% 41.39 952.02 City of La Habra Heights 739.62 3,079.29 3,818.91 10% 381.89 5.00% 190.96 4,391.74 City of La Mirada yeS 4.023.31 4.023.31 5% 201.17 0.00% S 4,224.48 City of La Puente no $ 943.19 $ 943.19 10% 94.32 5.00% 47.15 1,084.67 City of La Verne no 1,379.22 S 1,379.22 10% 137.92 5.00% 68.96 1,586.10 City of Lakewood yes 520.32 736.66 2,010.68 3,267.67 5% $ 163.38 0.00% 3,431.05 City of Long Beach yes $ 959.42 730,08 $ 2,420.17 4,109.67 5% 205.48 0.00% $ 4,315.16 City of Los Angeles no $10,685.26 10,685.26 10% 1,068.53 5.00% IS 534.26 12,288.05 City of Lynwood yes $ 691.22 691.22 5% $ 34.56 0.00% 725.78 City of Maywood yes $ 559.75 559.75 5% $ 27.98 0.00% 587.74 City of Monrovia no 798.17 653.67 1,451.85 10% $ 145.18 5.00% 72.59 1,669.62 City of Montebello yes 817.86 817.86 5% $ 40.88 0.00% 858.75 City of Monterey Park 795.20 39.76 ฿
no 795.20 10% $ 79.52 5.00% 914.48
City of Norwalk yes 1,021.21| $ 3,308.77 4.329.98 5% 216.50 0.00% 4,546.48 1 of 2
Harbor Toxic Upstream
FY 2025-2026 Cost Share
Direct GWMA Indirect GWMA
GWMA LAR SGR SGR-CC Admin Direct Admin Admin Fee Indirect Agency Member? S10 GR1 S13 Subtotal Fee % Fee % Admin Fee Total Fee City of Paramount yes 629.46 629.46 5% 31.47 0.00% $ $ 660.94 City of Pasadena no 1,347.82 1,347.82 10% $ 134.78 5.00% S 67.40 1,549.99 City of Pico Rivera yes $ 602.15 1,174.43 1,776.58 5% $ 88.83 0.00% 1,865.41 City of Pomona no $ 2,620.96 2,620,96 10% 262.10 5.00% 131.05 3,014.10 City of Rosemead no 703.16 703.16 10% 70.32 5.00% 35.16 808.64 City of San Dimas no $ 1,971.55 1,971.55 10% 197.16 5.00% 98.58 2,267.29 City of San Fernando no $ 602.60 602.60 10% 60.26 5.00% 30.12 692.99 City of San Gabriel no 665.81 665.81 10% 66.58 5.00% S 33.29 765.68 City of San Marino $ 652.63 652.63 10% 65.26 5.00% $ 32.63 $ 750.52 City of Santa Fe Springs yes 902.64 $ 3,455.34 4,357.98 5% 217.90 0.00% 4,575.88 City of Sierra Madre no 617.97 617.97 10% 61.80 5.00% $ 30.89 710.66 City of Signal Hill yes 523.29 523.29 5% 26.16 0.00% 549.46 City of South El Monte no 605.44 677.84 1,283.28 10% $ 128.33 5.00% 64.16 1,475.77 City of South Gate yes $ 781.29 781.29 5% 39.06 0.00% $ 820.36 City of South Pasadena no $ 640.06 640.06 10% 64.01 5.00% S 32.00 736.07 City of Temple City no 661.99 661.99 10% 66.20 5.00% $ 33.10 761.29 LA County Unincorporated no $ 2,908.87 S 4,905.56 $ 6,512.31 14,326.74 10% 1,432.67 5.00% 716.34 $ 16,475.75 City of Vernon yes 702.43 702.43 5% 35.12 0.00% S 737.55 City of Walnut no $ 1,419.91 1,419.91 10% 141.99 5.00% $ 71.00$ 1,632.89 City of West Covina no $ 2,034.80 2,034.80 10% 203.48 5.00% 101.74 $ 2,340.02 City of Whittier yes $ 868.13] 6,135.48 5% 306.77 0.00% - 6,442.25 LACFCD no $ 2,178.78 2,178.78 [$ 2,178.785 6,536.34 10% 653.63 5.00% 326.83$ 7,516.79 Total $44,456.74 $ 43,575.57 $ 43,575.57 $ 131,607.88 $10,731.43 $ 4,151.06 $ 146,490.37 NOTES:
The GWMA administration cost is as follows:
Direct admin fee is 0-5% for GWMA members and 5-10% for non-members.
Indirect admin fee is 2-5% for non-members.
The rates applied above assume the following:
GWMA Members Admin Fee = 5%
GWMA Non-Members Admin Fec = 10%
GWMA Indirect Fee = 5%
2 of 2
CITY COUNCIL
ITEM NO. 6.7
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: August 10, 2023
SUBJECT: Consideration of the Homestead Museum Bridge Plan
BACKGROUND
The City and Homestead Museum ("Museum") Staff have been working on a strategic plan to clarify the Museum's future. The Bridge Plan ("Plan") is the product of a partnership with City and Museum Staff and key community members, refined with feedback received through multiple outreach activities undertaken including interviews, brainstorming sessions, and presentations to City Council It serves as a workplan and includes a new Mission Statement, focuses on the exploration of a Public-Private Partnership ("PPP") governance model, and concludes with the City Council deciding on whether or not to pursue the PPP governance model. Additionally, it outlines clear objectives for the Museum to undertake to continue to develop and evolve the Museum's programs and strengths, refine operations, and welcome back visitors impacted by the pandemic.
DISCUSSION
The Plan outlines activities to be accomplished beginning August 2023 through December 31, 2024.
Below summarizes the major components of the plan.
MISSION STATEMENT
The Homestead Museum ignites visitor interest and connects them to the history of the San Gabriel Valley and greater Los Angeles so they can appreciate the role the past plays in our present and future.
GOAL 1 - Determine the feasibility of establishing a public-private governance model for the Museum
- Activities include: form a committee to conduct exploratory process, complete benchmark study, conduct a fundraising feasibility study, and present recommendation to City Council.
GOAL 2 - Enhance the visitor experience on-site and online - Activities include: Evaluate school group engagement with museum, consider ways to activate grounds, continue to build the museum's profile as a trusted source for research and other use of the collection, and determine future size and role of the volunteer corps.
GOAL 3 - Deepen appreciation for the Museum's collection and solidify its future direction - Activities include: Form a committee to oversee collection policies, evaluate potential future collections growth and deaccessioning, and review collections policies.
GOAL 4 - Ensure ongoing stewardship and maintenance of the Homestead's historic resources and infrastructure
- Activities include: Determine impact of collecting on future storage needs, formalize the maintenance schedule, and develop an annual inspection checklist to address capital concerns.
GOAL 5 - Enhance awareness of and engagement with the Museum - Activities include: Re-evaluate post-pandemic visitation goals and how to measure success; build virtual engagement through online programming, blog, and social media; evaluate signage; and develop a marketing plan to organize marketing priorities.
GOAL 6 -- Build the Museum's financial capacity
- Activities include: Review current earned income and consider expanding existing income streams and/or developing new ones; and continue to monitor program and collection operating expenditures.
Goal 1 of the Plan is based on the City's desire to explore the possibility of shifting the Museum's current governance model from a government-run museum to a Public-Private Partnership ("PPP") museum. Goal 1.2 of the Plan is to "Complete Benchmark Study of three museums that utilize the public-private model". The City's museum plan consultant, Museum Management Consultant ("MMC"), completed the Benchmark study on three PPP museums: Rancho Los Cerritos, Ontario Museum, and San Bernardino Museum. While each museum has its own unique PPP experience, general concepts for the City to consider include: 1) a non-profit board should be comprised of members who are committed to the Museum, 2) it is ideal for board members to have relevant experience and capacity to help build the Museum's financial sustainability and reach, and 3) a PPP governance model might not yield fundraising gains for many years.
Next steps:
Today, Staff is presenting the City Council with the 18-month Bridge Plan and Benchmark Study.
Staff will reach out and schedule on-site visits with the three benchmark museums: Rancho Los Cerritos, Ontario Museum, and San Bernardino Museum.
FISCAL IMPACT
Consideration of the Bridge Plan does not pose a fiscal impact, however, tasks outlined in the Plan may generate a future fiscal impact. Staff will include costs into the adopted budget or request appropriation, as needed.
RECOMMENDATION
Authorize Staff to complete the steps outlined in the Museum Bridge Plan.
Attachments
A. Homestead Museum Bridge Plan August 2023 to December 2024 B. Benchmark Study
Workman & Temple Family
Homestead Museum Bridge Plan
August 2023 - December 2024
Prepared by
Museum Management Consultants
San Francisco, California
MMC ATTACHMENT A
TABLE OF CONTENTS
Introduction 1
Mission 3
Goals 4
1 Determine the feasibility of establishing a public-private governance model for the Museum 5 2 Enhance the visitor experience on-site and online 7
3 Deepen appreciation for the Museum's collection and solidify its future direction 10 4 Ensure ongoing stewardship and maintenance of the Homestead's historic resources and infrastructure 11 5 Enhance awareness of and engagement with the Museum 12 6 Build the Museum's financial capacity 14
HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024
INTRODUCTION
This Bridge Plan is intended to serve as a roadmap and action experience, collections, governance, facilities, marketing and plan for the Workman & Temple Family Homestead Museum outreach, and budget/finance. over a one-and-a-half-year period, beginning June 2023. The City of Industry, which owns and funds the Museum, will use As planning progressed, the City began to consider the the time span of this plan to study the feasibility of possibility of forming a nonprofit to provide additional developing a nonprofit entity to provide supplemental support to the Museum through fundraising and advocacy. funding for the Museum. While the City conducts its While the City plans to maintain its level of funding and research, this Bridge Plan will ensure forward movement support for the Museum, diversifying the Homestead continues at the Museum, growing its capacity and impact. Museum's revenues would provide greater long-term financial security. Further, a nonprofit Board of Directors The strategies outlined by Museum Management could provide expertise, partnership, and counsel in ways a Consultants (MMC) in the following pages are derived from municipality cannot. Once the City Council confirmed its interviews and brainstorming sessions facilitated by MMC in desire to explore the feasibility of this new governance 2022 as part of a strategic planning process. The planning model, it was decided that the ideas generated during the process was commissioned by the City of Industry to strategic planning process would be used in a short-term establish a new vision for the Homestead Museum, and to Bridge Plan, which would bridge the time it would take the gain understanding and agreement about the Museum's City to conduct its due diligence. operations and direction. MMC began its work with an
assessment of current Museum operations, including review While the City considers a public-private partnership, the of organizational documents and 13 confidential, one-on- Homestead will not stand still; rather, it will continue to one stakeholder interviews. Following the assessment, develop and evolve. The pages that follow lay out strategies MMC facilitated a series of brainstorming sessions focused to reinforce the Museum's organizational strengths, rebuild on areas of operation at the Museum, including visitor aspects of the Museum impacted by the pandemic, and 1 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024 refine operations. Once a final decision is made about the Museum's intended direction. In the meantime, following feasibility of developing a nonprofit organization in support the roadmap in this Bridge Plan will ready the Museum for of the Museum, a full strategic plan will be developed to what lies ahead. establish a long-term vision and priorities in support of the Adrienne Horn, President
Museum Management Consultants
2- HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024
MISSION
The Homestead Museum ignites visitor interest and connects them to the history of the San Gabriel Valley and greater Los Angeles so they can appreciate the role the past plays in our present and future.
3- HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024 GOALS
4 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023-DECEMBER 1 20 2 4 GOAL 1: DETERMINE THE FEASIBILITY OF ESTABLISHING A PUBLIC-PRIVATE GOVERNANCE MODEL FOR THE MUSEUM
FINANCIAL
OBJECTIVES ACCOUNTABILITY COMPLETIONDATE
RESOURCES
PUBLIC-PRIVATE PARTNERSHIP
1.1 Form a committee to conduct the exploratory process Assistant City Manager August 31, 2023
1.2 Complete Benchmark Study of three museums that utilize the public-private model
1.3 Conduct outreach to public-private museums; through December 31, 2023 interviews, documents, and site visits, gather information such as:
• Roles and responsibilities of public and private entities • Pros and cons, lessons learned
Level and type of support from government side
Impact on revenue model and overall budget
• Staffing model, reporting structure
• Board or Advisory group role
• Nonprofit formation vs. contracting with existing entity
1.4 Conduct a Fundraising Feasibility Study TBD February 28, 2024
1.5 Based on gathered information, determine recommendation August 31, 2024 for future governing model
5 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024
FINANCIAL
OBJECTIVES ACCOUNTABILITY COMPLETION DATE
RESOURCES
1.6 Present recommendation, gathered information, and options Assistant City Manager October 31, 2024 to City Council for final decision
1.7 Determine if the Museum will be moved under CRIA November 30, 2024
1.8 Formalize governing model choice with written agreements) December 31, 2024
COMMUNICATION
1.9 Institute regular meetings between the City staff and Assistant City Manager and August 31, 2023 Historical Resources, Inc. (HRI) Museum Director
1.10 Institute regular reporting to City Council by HRI about Homestead operations (also see Goals 3 and 6)
6 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024 GOAL 2: ENHANCE THE VISITOR EXPERIENCE ON-SITE AND ONLINE
OBJECTIVES FINANCIAL
ACCOUNTABILITY COMPLETION DATE
RESOURCES
2.1 Revisit and confirm target audiences Museum Director and August 31, 2023 Programs Manager
2.2 Conduct an assessment of the Museum's programs September 30, 2023 considering:
• Target audiences
• Relationship to Museum's mission
Attendance and feedback
• Marketing potential
• Staffing
• Fiscal impact
2.2.1 Refine program mix on-site and online, and develop new offerings to meet the needs of target audiences
and raise the Museum's visibility
2.3 Ensure an accessible, welcoming, relevant experience for all Programs Manager Included in annual Ongoing visitors including: adopted budget
2.3.1 Diversify the stories being told
2.3.2 Provide offerings and materials in multiple languages
2.3.3 Expand beyond traditional avenues of engagement
7 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024
FINANCIAL
OBJECTIVES ACCOUNTABILITY COMPLETION DATE
RESOURCES
2.3.4 Develop audio tour for Workman House Programs Manager Included in annual Ongoing adopted budget
2.4 Consider future of exhibits on-site Museum Director and November 30, 2023 Programs Manager
2.5 Evaluate school group engagement with the Museum Programs Manager and August 31, 2023 Programs Specialist
2.6 Consider waysto activate the grounds and provide reasons TBD Ongoing for visitors to linger on-site
• Opportunities for exploration without a tour ticket
(e.g., audio tour of the grounds)
• Small garden exhibits
• Outdoor events (e.g., performances, movie screenings)
2.7 Rethink and plan for the future of events at the Museum Director and Museum Programs Specialist
2.8 Re-evaluate the Museum's online presence (also see Goal 5) Programs Specialist August 31, 2023 • Produce more online content
• Expand to new platforms (e.g., Reddit, Spotify)
2.9 Continue to build the Museum's profile as a trusted source Museum Director Ongoing for research and other use of the collection (i.e., tv, radio, publications, outgoing loans to museums)
8 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024
FINANCIAL
OBJECTIVES ACCOUNTABILITY COMPLETION DATE
RESOURCES
2.10 Determine future size, role, and recruitment of the volunteer Museum Director, Programs Included in annual August 31, 2023 corps, acknowledging post-pandemic environment Manager, Collections adopted city budget Coordinator, and Programs
Coordinator
9 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023-DECEMBER 2024 GOAL 3: DEEPEN APPRECIATION FOR THE MUSEUM'S COLLECTION AND SOLIDIFY ITS FUTURE DIRECTION
OBJECTIVES FINANCIAL
ACCOUNTABILITY COMPLETION DATE
RESOURCES
3.1 Create a committee of City and Museum leadership to inform Assistant City Manager and August 31, 2023 Homestead's collections policies and address ongoing Museum Director questions
3.2 Determine the future of acquisitions and use of special funds Collection Committee April 30, 2024
3.3 Evaluate potential future collections growth and
deaccessioning
3.4 Review collections policies September 30, 2024
3.4.1 Determine/confirm geographic scope of collection April 30, 2024
3.4.2 Develop a policy for acquisitions and deaccessioning to Museum Director and September 30, 2024 the collection, addressing City's role Collections Coordinator
3.5 In regular reports to City Council, include more detailed Museum Director January 31, 2024 information about the Museum's collection, stewardship, and policies (also see Goal 1)
10 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024 GOAL 4: ENSURE ONGOING STEWARDSHIP AND MAINTENANCE OF THE HOMESTEAD'S HISTORIC RESOURCES AND INFRASTRUCTURE
FINANCIAL
OBJECTIVES ACCOUNTABILITY COMPLETION DATE
RESOURCES
4.1 Determine impact of collecting on future storage needs Museum Director and August 31, 2023 Collections Coordinator
Meet with the City's IT contractor to determine and Programs Specialist TBD Ongoing implement the Museum's IT needs through 2024
4.3 Tap into the City's existing project to provide WiFi access Until project completion throughout the Homestead site
4.4 Formalize the Museum's maintenance schedule Museum Director and CNC August 31, 2023
4.5 Develop an annual inspection checklist to proactively Museum Director and August 31, 2023 address capital concerns and integrate into City's adopted Collections Coordinator budget
11- HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 20 2 4 GOAL5: ENHANCE AWARENESS OF AND ENGAGEMENT WITH THE MUSEUM
OBJECTIVES ACCOUNTABILITY FINANCIAL COMPLETION DATE
RESOURCES
5.1 Re-evaluate and come to agreement about post-pandemic Assistant City Manager and October 31, 2023 visitation goals and how to measure success Museum Director
5.2 Continue to build virtual engagement with the Museum Museum Director, Programs Include in annual Ongoing through online programming, Homestead blog, and social Manager, and Programs adopted city budget media (see also Goal 2) Specialist
5.3 Complete and launch new website Programs Specialist October 31, 2023
5.4 Continue to build local and regional partnerships to expand Museum Director and Ongoing the Museum's reach (i.e., regional school districts, tourism Programs Manager entities, colleges and universities)
5.5 Evaluate Homestead signage Assistant City Manager and December 31, 2024 Museum Director
5.6 Coordinate with the City's public relations firm to share the Assistant City Manager and Ongoing Museum's marketing efforts Programs Manager
5.7 Re-engage survey consultant to continue their work in data Programs Manager TBD February 28, 2024 collection about visitors and barriers to visitation
12 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024
FINANCIAL
OBJECTIVES ACCOUNTABILITY COMPLETION DATE
RESOURCES
5.8 Develop a one-year marketing plan to organize the Museum's Programs Manager and December 31, 2023 marketing priorities, to include: Programs Specialist
• Target audiences
• Tactics for each audience
• Key messages for each audience
Partnership opportunities
• Social media
Website
• Advertising
• Print media and collateral
Public relations
• Staffing
Budget
13 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024 GOAL 6: BUILD THE MUSEUM'S FINANCIAL CAPACITY
OBJECTIVES FINANCIAL
ACCOUNTABILITY COMPLETION DATE
RESOURCES
6.1 Review current earned income generating offerings and their Assistant City Manager and Ongoing fiscal sustainability; consider expanding existing offerings Museum Director and/or developing new ones
6.1.1 Continue to study options for revamping the store Programs Assistant merchandise
6.1.2 Revisit and adjust Museum fees (i.e., rights and Development Services reproductions, rentals, wedding photography) Manager
6.1.3 Determine feasibility, potential partnerships, and Museum Director and options for third-party accessory use Programs Coordinator
6.1.4 Study possibility of hosting a farmer's market or other Programs Manager community program
6.2 Continue to regularly monitor program and collection Museum Director operating expenditures to remain within budget
6.3 In regular reports to City Council, include updates related to the Museum budget (also see Goal 1)
14 - HOMESTEAD MUSEUM BRIDGE PLAN • AUGUST 2023 - DECEMBER 2024
ATTACHMENT B
Workman & Temple Family Homestead Museum
Benchmark Study
Submitted by
Museum Management Consultants, Inc.
San Francisco, California
July 2023
TABLE OF CONTENTS
Introduction .. 1
Benchmark Museums.. 3
....
Ontario Museum of History & Art 4
Rancho Los Cerritos .... 8
San Bernardino County Museum. 13
Summary of Benchmark Museums.. 17
Observations and Trends. .. 18
Concluding Remarks...
Appendices ..... 22
Ontario Museum of History & Art MOU ......
Rancho Los Cerritos Historic Site Lease ... ... 33
Museum Management Consultants
San Francisco, California
INTRODUCTION
The following Benchmark Study was completed by Museum Management Consultants (MMC) for the City of Industry as part of a strategic planning process for the Workman & Temple Family Homestead Museum. The purpose of this report is to explore the use of a public-private governance model in three selected museums to inform the City's decision-making about pursuing such a model for the Homestead Museum.
Methodology
Information for this report was gathered through interviews with each benchmark museum's Executive Director, who provided documents, data, historical information, and insights about their organization. This material was supplemented by publicly available data.
Overview of Benchmark Museums
The following table provides an overview of the benchmark organizations, as well as comparative data from the Homestead Museum.
Overview of Benchmark Museums
Main Full-
Government Nonprofit Grounds Operating Annual
Organization Facility Size Time
Entity Entity (in Sq Ft) (in acres) Budget Attendance Staff Homestead City of
N/A 14,500 6.00 $1,200,000 16,000 5
Museum! Industry
Ontario Museum of City of Museum
19,500 2.40 $2,000,000 6,000 7
Art & History Ontario Associates
City of RLC
Rancho Los Cerritos Foundation 10,000 4.75 $1,250,000 34,000 5 Long Beach
San Bernardino County of San Museum
County Museum Bernardino Association 20,000 6.50 $3,640,000 75,000 14 1 Homestead facility size includes the two historic houses. Annual attendance reflects pre-pandemic visitation; FY2023 visitation is estimated to be 5,000.
The benchmark museums selected for this study vary in size and scope but are all located in Southern California and governed and operated through public-private partnerships. The San Bernardino County Museum is owned and operated by the County, while the other two are city owned.
These benchmark museums were selected not as a collection of "best practices" or exact comparisons to the Homestead Museum, but rather to examine three examples of public-private partnerships. The museums in this report arrived at their partnerships in different ways:
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San Francisco, California
• The San Bernardino County Museum was founded by the nonprofit Museum Association, which donated the Museum to the County. Today, the County operates the Museum and the Association provides additional funding.
• The Ontario Museum of History & Art was established as part of the City; almost 20 years later, the nonprofit Museum Associates was formed to supplement funding for the Museum.
• Rancho Los Cerritos was founded as a City-run museum; 40 years later, the nonprofit Rancho Los Cerritos Foundation was formed to raise funds for the Museum. In 2013, Museum operations and governance were transferred from the City to the Foundation.
The ways in which these partnerships operate, and their perceived benefits and challenges are detailed in the pages that follow. Narrative descriptions of each museum include a brief organizational history, information about the government and nonprofit entities, specifics about the public-private partnership, implications for governance, and details about staffing, facilities, operating hours and attendance, and funding model. MMC's observations and identification of similarities follow the museum profiles.
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BENCHMARK MUSEUMS
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San Francisco, California
ONTARIO MUSEUM OF HISTORY & ART
Mission Statement
The Ontario Museum of History & Art is a vibrant
cultural resource for our diverse communities. As
stewards, we advance an understanding of regional
history and art. We provide meaningful visitor
experiences through well-curated exhibits and
programming.
Museum Background & Government Role
The Ontario Museum of History & Art (OMHA) was established in 1979 by the Ontario City Council. The Museum opened two years later in the former Ontario City Hall, a locally designated historic landmark funded by the Works Progress Administration. From its inception, OMHA has operated as a City department.
Nonprofit Partner
The Ontario Museum of History & Art Associates, an independent 501(c)(3) nonprofit organization, was established in 1996, almost 20 years after OMHA was founded. The Museum Associates replaced the original Friends of the Museum. The Associates is an all-volunteer organization that provides supplementary financial support for OMHA's education programs, the docent education program, and community events.
The Associates raise funds through membership dues, donations, and grantwriting, but OMHA Executive Director Marissa Kucheck said the group's main fundraising is through operation of the Museum Store and events at the Museum. The Associates also help with recruitment of volunteer docents and are active throughout the community, taking a table at outside events and participating in other activities. Kucheck said the City is working to separate the brand identity of the Museum and the Associates with a separate logo and marketing identity so it is clear to donors that their donations are going to the nonprofit, not the City, and are therefore tax deductible.
The Associates have a 13-member Board of Directors. The Board is independent from the City and is governed by written bylaws that do not require City approval. As detailed in the MOU between OMHA and the Associates (detailed below), the City requires background checks of Associates Board members and regular financial reports. The Board has committees for membership, community liaison, Museum Store, and specific projects, but currently lacks a fundraising committee.
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Partnership Agreement
The relationship between OMHA and the Associates was formalized in a memorandum of understanding executed in October 2022 (included in the Appendix). Key details include:
• The Museum Associates will support the Museum by increasing awareness, supporting its programs, and soliciting various public and private donations and grants. • The Museum will provide the Museum Associates with spaces for operation of the Museum Store, Board and committee meetings, archival storage, and office needs. • The Museum will ensure the Museum Associates are kept aware of the goals and direction of the Museum; they will share with the Museum Associates OMHA's strategic initiatives each year and discuss how the nonprofit's resources and support might help forward these initiatives.
• The Museum will hold a funding request meeting each year to identify anticipated needs from the Museum Associates. Museum staff can make funding requests outside of the annual funding request meeting as well.
• The Museum will provide the Museum Associates with a staff liaison for up to eight hours per month to assist them with activities related to the store, graphics, hospitality, education programs, and community outreach.
• The Museum Associates agree to include a member from the Museum's administration on a non-voting basis at all Museum Associates meetings and allow room on the agenda for a Museum report.
• The Museum administration has the final say in accepting or declining any and all gifts made to the Museum.
• If the Museum Associates cease to actively fundraise, promote, and support OMHA's educational programs, they will dissolve and donate all funds to the Museum, allowing for a new group to be established in the future.
• The Museum Associates will provide the Museum and/or City with all necessary reports and documents regarding its financial matters on an annual basis.
The MOU may be terminated without cause upon 30 calendar days prior written notice from one party to the other.
Governance Structure
The OMHA Museum Director reports to the Executive Director of the City of Ontario Department of Community Life and Culture, who in turn, reports to the City Council. The Ontario City Council is OMHA's ultimate governing body.
OMHA has a five-member Museum Board of Trustees, which is similar to a City commission.
Trustees are appointed by the City and receive payment for their service. The Museum Director Museum Management Consultants 5
San Francisco, California
makes a regular report to the Board of Trustees at each monthly meeting; however, the role of the Board of Trustees is advisory only.
Staff and Volunteers
The Museum employs seven full-time and three part-time (temporary) staff. All staff are City employees.
In the past, the Museum Associates have funded a paid staff position in the Museum Store, but that is not the case today. The number of volunteers varies, and it was noted that staffing the Store has become more difficult with fewer volunteers interested in contributing time to this activity.
Facilities
OMHA is approximately 19,500 square feet in size, occupying the former Ontario City Hall, an historic landmark. The Museum sits on grounds of approximately 2.4 acres.
Operating Hours, Admission, and Attendance
OMHA is open Thursdays and Fridays, 12 - 4 pm, and on Saturdays and Sundays, 11 am - 5pm.
Admission is free.
Annual attendance is estimated to be
Ontario Museum of History & Art
approximately 6,000.
Revenue by Source
Contributed
Funding model 10%
OMHA's current annual operating budget is
approximately $2 million. Personnel costs
account for 56% of all operating expenses.
Kucheck noted that approximately $500,000
City of
included in the OMHA budget is costs
Ontario
allocated by the City for internal services
90%
provided to OMHA (i.e., building and
grounds maintenance, liability insurance,
telecommunications, information services,
etc.).
OMHA is almost fully funded by the City of Ontario through the General Fund and Capital Improvement Program. Kucheck said between 5% and 10% of funding comes from the Museum Associates in any given year. In addition, the Museum Associates provide a significant amount of volunteer labor at the Museum. Each year, OMHA prepares a funding request to the Museum Museum Management Consultants
San Francisco, California
Associates, and they do their best to raise the funds requested by OMHA. The Museum does not have an endowment.
Pros & Cons of Model
According to Kucheck, OMHA's public-private partnership concept is sound in theory. The Museum Associates are dedicated to OMHA and are outstanding ambassadors for the Museum, but in practice the current leadership of the Museum Associates has limited fundraising capacity.
According to Kucheck, this type of volunteer group supporting small cultural organizations is disappearing due to the increasing age of interested individuals and limited fundraising capacity In general, Kucheck said the priorities of the Museum have changed, but those of the nonprofit have not kept pace.
Kucheck offered the following advice to the City of Industry if they decide to start a new nonprofit to support the Homestead Museum:
• It is critical to have a single City staff position to act as the point of contact for liaison with the museum (however it is operated).
• The nonprofit should act as a fundraising arm and hold events the City cannot, such as hosting evening receptions where alcohol is served, and soliciting individual and corporate support as well as applying for grants from foundations and governmental agencies outside the City.
• The leadership of the nonprofit Board should include individuals with a passion for the Museum who also have nonprofit board experience and specific expertise in fundraising, marketing, legal, finance, and museum operations. Having this type of experience represented on the nonprofit Board supplements the Museum staff and likely leads to a more effective support organization for the museum.
• Term limits for Board officers and Board members should be incorporated into the bylaws of the nonprofit to assure timely refreshing of the leadership.
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RANCHO LOS CERRITOS
Mission
Honor diverse perspectives, enrich collaborative
conversations, and inspire broader understanding
through stewardship of Rancho Los Cerritos' natural and cultural history.
Museum Background & Government Role
Rancho Los Cerritos has its origins in a 1784 land grant of 300,000 acres received by Spanish soldier Manuel Nieto. The parcel, which was later decreased to 167,000 acres, stretched across present-day Los Angeles and Orange Counties. When Nieto died in 1804, his children inherited the property, and 30 years later, divided the land into six parcels, with Nieto's daughter receiving the 27,000-acre parcel known as Rancho Los Cerritos. In 1843, Nieto's heirs sold Rancho Los Cerritos to businessman John Temple, who built a two-story adobe on the property to serve as the family summer home and ranch headquarters. Temple later sold the property to Flint, Bixby & Co.; Jotham Bixby and his family resided in the adobe until 1881. In the late 1870s, Bixby began to lease or sell portions of the property. By 1884, the town of Long Beach occupied part of the Rancho; eventually, the cities of Bellflower, Paramount, Signal Hill, and Lakewood were founded on the Rancho Los Cerritos land. In 1930, after a long period in which the adobe fell into disrepair, extensive renovations were made to the house, and the grounds were redesigned. Upon the owner's death, the family sold the house and land to the City of Long Beach.
In 1955, Rancho Los Cerritos (RLC) opened as a city-run museum dedicated to the history of the Rancho and the surrounding area. It was originally positioned within the City of Long Beach Library Department, but moved to the Parks and Recreation Department, where it resided for many years. RLC staff were employees of the City and the organization was governed by the City Council.
Public-Private Partnership
The Rancho Los Cerritos Foundation, a private 501(c)(3) nonprofit organization, was established in 1995, 40 years after the Museum was established, to provide additional funds for the historic adobe and grounds.
• The Foundation established a Board of Directors. According to RL's current Executive Director, Alison Bruesehoff, the Board began with a small working group of five or six volunteers.
• Over time, the Foundation raised the funds necessary to hire its first paid staff member, a Director of Development. In the years that followed, the Foundation grew its fundraising program.
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• Although the Foundation was growing, RLC continued to be operated and governed by the City of Long Beach. RLC staff, which included an Executive Director, Curator, and part- time staff, remained employees of the City.
As the Foundation grew, the Board became concerned about the limitations of City funding for RLC. At the same time, the City's other historic property, Rancho Los Alamitos, entered into a lease agreement with the City; years later, as Bruesehoff explained, the Foundation came to believe that Rancho Los Alamitos was getting more funding through their agreement with the City, so the RLC Foundation Board decided to pursue a similar model, with the Foundation taking over full operation, management, and governance of the Museum, and increasing its fundraising to support those functions.
RLC entered into years-long discussions with the City about establishing a formal lease agreement. The agreement between the Foundation and the City, called the Historic Site Lease, was signed in 2013.
Partnership Agreement
With the 2013 Historic Site Lease (included in the Appendix), RLC is now operated, managed, and governed by the RLC Foundation, while the City of Long Beach retains ownership of the site and collections. The 25-year lease agreement outlines the responsibilities of the City and the Foundation; key details include:
• The Foundation will pay rent of $1 per year to the City. • The City will provide an annual Management Fee of $470,000 to cover maintenance and operation costs. This amount is guaranteed for three years; thereafter it will be negotiated annually.
• The City is responsible for the ongoing maintenance of the facilities that existed when the lease agreement was signed. The agreement outlines specific maintenance and repair responsibilities for each building. The Foundation is responsible for the day-to-day maintenance of any new buildings. Bruesehoff said the agreement is: "The City covers 'large' maintenance issues and the Foundation covers 'small' ones." • Deaccessioning of items from the RLC collection must be approved by the City if valued at more than $1,000; for items valued at less than $1,000, deaccessioning can take place with just the Foundation Board's approval.
• The Foundation will cover the day-to-day maintenance of the grounds; the City will provide groundskeeping services for a maximum of 30 hours per week at no cost. • The agreement calls for a one-time payment of $500,000 (in 2013) to the Foundation to cover a list of deferred maintenance items. Starting in 2015, the Foundation was expected to submit annual lists of outstanding maintenance items deemed to be the City's responsibility; the City Council will consider the annual requests and may or may not provide funding.
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• RLC will provide the City with an annual report on its activities, including attendance, programs, deaccession activities, financial data, and the operating plan for the next fiscal year.
After the agreement was signed, the Foundation changed RL's fiscal year from the City's fiscal year to a calendar year to align with donor expectations for end of year giving.
Governance Structure
The nonprofit Foundation Board is RL's governing body. After the lease agreement with the City was signed, the Foundation Board updated its bylaws to reflect its new role. The bylaws outline the following key points:
• The Board size is authorized to be a minimum of five and a maximum of 25. • Terms of service are three years. There is no limit to the number of terms a Board member can serve.
• Permanent standing committees include an Executive Committee as well as committees for finance; investment; audit; Board development; and diversity, equity, inclusion, and accessibility.
The Board, which currently has 19 members, provides oversight and strategic guidance for RLC, serves as a fiduciary of the organization's assets, ensures the Museum has adequate resources to advance the mission, and hires and fires the Executive Director. In turn, the RL Executive Director oversees day-to-day operation of the Museum.
According to Bruesehoff, the City does not have a designated seat on the Foundation Board, although the immediate past City Manager and RL's current City Councilwoman both serve on the Board. Bruesehoff said Rancho Los Alamitos has always engaged retired City Managers on their Board (they currently have two) and found it beneficial for connections to the City. RLC followed their lead in reaching out to retired City Managers. Bruesehoff explained, "Going from a City entity to a private foundation, you want to have internal City advocates. If there is a strategic individual, think about that and reach out to them; they're very helpful to have." The Foundation also has a City employee from the employment office on the Board, as well as a City Planning Commissioner.
Staff and Volunteers
RC currently employs five full-time and eight part-time staff. All staff are employees of the nonprofit RLC Foundation. The organization has 150 volunteers, of which approximately 80 are active.
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Facilities
A national, state, and local historic landmark, RLC includes a 10,000 square foot historic adobe, 2,000 square foot visitor center, and 850 square foot cottage, situated on 4.75 acres of historic grounds.
Operating Hours, Admission, and Attendance
RLC public hours are Wednesday - Friday and Sunday, 1 - 5 pm, and Saturday, 10 am - 5 pm.
Admission, public tours, and parking are free.
Annual attendance is 34,000, which includes 8,000 visitors during public hours and 26,000 individuals who engage with the Museum through events and site use.
Rancho Los Cerritos Revenue by Source
Funding Model
Investments
RL's current annual operating budget is
Earned 3%
$1.25 million. Personnel costs account for
11%
64% of all operating expenses. City of Long
_ Beach
35%
As shown in the pie chart to the right, RL's
largest revenue source is contributed
income. Bruesehoff indicated the
Foundation Board provides 18% of all
contributed revenue through donations
from individuals and family foundations. Contributed
RLC has an endowment currently valued at 51%
$787,000.
Beyond the revenue model depicted in the pie chart, RLC has received City sales tax funds. In 2016, Long Beach voters passed Measure A, a sales tax to enhance public safety services and invest in City infrastructure. Since RLC technically still resides within the City Parks & Recreation Department, it received $1 million in Measure A funds for deferred maintenance. Bruesehoff said they are going back to the City for more Measure A funds to put in a fire detection and suppression system.
Pros & Cons of Model
According to Bruesehoff, the main drawbacks of the RLC public-private partnership model include the following:
• Bruesehoff said the main challenge is the lack of specificity in the lease agreement language around maintenance responsibilities. As she said, "What is 'large' vs. 'small; what is capital vs. deferred maintenance? It's not very specific and specificity is useful." Museum Management Consultants 11
San Francisco, California
• When the lease agreement was signed, the Management Fee of $470,000 covered RLC operations. Today, the Management Fee remains the same but RL's operating budget is $1.25 million, so the City's contribution covers far less. Bruesehoff said RLC is trying to renegotiate the amount with the City.
• The initial lump sum provided to RLC for deferred maintenance in 2013 allowed the Museum to fix major issues, but after that, Bruesehoff said RLC was essentially on its own.
Additional funds have been provided through Measure A funds, but ongoing funds for deferred maintenance are needed at an historic site. In addition to pursuing other funds from the City, the Foundation has discussed allocating a small percentage of every donation (2-3%) to build up a maintenance budget.
• Regarding the relationship with City Council, Bruesehoff said, "Once RLC stopped being a department of the City, we dropped off their radar. We'd like to do more advocacy with the City Council to get us on the City Council's radar." Bruesehoff believes the benefits outweigh the drawbacks of their model. The primary benefits include:
• The Foundation operates autonomously from the City. Before the lease agreement, every project and supply purchase required approval from the City. As Bruesehoff said, "Our current model cuts out the red tape."
• The Management Fee allocated from the City to the Foundation each year provides much needed support for ongoing operations, even if an increased amount is desired. • Despite operating autonomously from the City, RLC is still seen, valued, and promoted as a City asset.
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SAN BERNARDINO COUNTY MUSEUM
Mission
Through the lens of the region's dynamic cultural and natural history, the San Bernardino County Museum develops visitors' appreciation of our diverse regional identity to spark their curiosity, to stimulate inquiry, to challenge their assumptions, and to invite them to contribute to our common future.
Museum Background & Government Role
The San Bernardino County Museum (SBCM) was founded in 1952 by the nonprofit San Bernardino County Museum Association. SBCM opened to the public in 1957 and was donated by the Museum Association to San Bernardino County in 1961. SCM remains a department of the County and resides within the Community Services Group.
SBCM moved from Bloomington, California to its present location in Redlands in 1974. In addition to the main facility in Redlands, SBCM operates the Victor Valley Museum in Apple Valley and four historic sites throughout the County: the Yucaipa Adobe in Yucaipa, the Agua Mansa Pioneer Cemetery in Colton, the Yorba-Slaughter Families Adobe in Chino, and the María Merced Williams & John Rains House in Rancho Cucamonga.
Nonprofit Partner
The San Bernardino County Museum Association, an independent 501(c)(3) nonprofit organization, is the Museum's support group, engaged in fundraising and membership activities to provide funding for SBCM exhibitions and programs, and occasionally other initiatives. The Museum Association employs a full-time Executive Director and two part-time staff who are primarily focused on membership. The Association functions as a partner to the Museum, which is operated and governed by the County. There is no particular percentage of the Museum budget that the Association commits to annually. Funds donated to the Association go into the County General Operating Fund.
An 11-member Board of Directors oversees the Museum Association and serves in a fundraising capacity; it does not have a governing role related to SBCM. The Board does not have term limits, but the officers do. The Board has a good deal of discretion in determining the amount of funds to be donated for exhibits, programs, and capital improvement projects. Most Board members have been on the Board for 10+ years. Board members include retired individuals as well as younger, mid-career members. David Myers, SBCM Director, noted that he and the Deputy Director are invited to monthly Association meetings, and that he typically makes a report.
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Partnership Agreement
An MOU between SBCM and the Museum Association was last updated in 2005; it is expected to be updated within the next several years. Per the Museum's request, the MOU is not included in this report, but key details of the agreement include:
• The Museum Association will collaborate with the SBCM Director and staff regarding the future of the Museum and its strategic priorities.
• The Museum will steward the collections and educate the public through research and programming. The Association will provide annual financial resources and in-kind service to the Museum through grants and contracts, fiscal campaigns, endowments, and bequests. The Association will oversee the membership program and will use the resulting funds to support the Museum.
• The SBCM Director will be invited, and will make every effort to attend, all Association Board and Executive Committee meetings.
• The County will provide rent-free space on the Redlands campus for Association administrative staff. The lease is for a period of 25 years and includes all utilities, facilities maintenance, security, technical assistance, and use of SBCM office supplies. If it becomes impractical to provide space on the Redlands site, the County will provide office space of approximately the same size and quality at an alternate location. The Museum will provide the Association with shared storage space for documents and other materials. • Association publications will be reviewed by the SBCM Director, and the two entities will collaborate and coordinate on publicity concerning the Association. • The MOU will be evaluated every two years; either party may terminate with 90 days' notice if the Association is no longer functioning as a nonprofit corporation in support of the Museum mission and operations. If terminated, the properties do not revert to the Association.
Governance
The Museum is governed by the five-member San Bernardino County Board of Supervisors. The Museum Director reports to the Deputy Executive Officer of the County Community Services Group.
Myers said the Museum's relationship with the Board of Supervisors is strong. San Bernardino County used to have a Museum Advisory Commission that served as liaison between the Board of Supervisors and the Museum to provide advice and assistance to the Board on museum matters. The Commissioners were appointed by the Board of Supervisors. The Commission was disbanded within the last 10 years and Myers reports that SBCM now operates fairly autonomously within the County structure. He feels the current governance structure "works well for us."
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Staff and Volunteers
The Museum employs 14 full-time and seven part-time staff, and has approximately 85 volunteers. All staff are employees of the County.
Facilities
The Museum building in Redlands is approximately 20,000 square feet and is located on 6.5 acres of land. In addition, as noted above, the Museum is responsible for four historic sites located throughout San Bernardino County. Only two of the historic sites are currently open to the public.
One is staffed by a caretaker (not included in the staff count above) who lives on-site and receives a small stipend. The other site is open once per month or by appointment; it is staffed by Museum personnel (assisted by volunteers on occasions when there are large visitor groups).
Operating Hours, Admission, and Attendance
SBCM's main site in Redlands is open Tuesday - Sunday, 9 am - 5 pm. The other sites have limited hours, are available only by appointment, or are temporarily closed.
The cost of daily admission is $10 for adults, $8 for military and seniors, $7 for students, and $5 for children. Parking is free.
Annual attendance is approximately 70,000 - 80,000.
Funding Model
San Bernardino County Museum
SBCM's current annual operating budget is Revenue by Source approximately $3,640,000. Personnel costs Earned
account for 43% of all operating expenses. 11%
Contributed
The operating budget listed above does not 4%
include almost $1,260,000 charged for County
services, such as administration, overhead,
and facility maintenance; the County charges
all departments for these indirect costs
through the Countywide Cost Allocation
Program (COWCAP).
San Bernardino
County
As shown in the pie chart to the right, the 85%
County provides the vast majority of SBCM's
operating revenues. Earned income accounts
for 11% and contributed income from the Association accounts for 4%. SBCM does not have an endowment, but the Museum Association has investments valued at approximately $1.3 million.
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Pros & Cons of Model
Myers pointed out that in today's environment fundraising is a challenge. At the beginning, the Museum Association founded the Museum and donated it and land to the County; this was a huge philanthropic endeavor. He said the old model ("get ten people in a room to have tea and write a check several times per year") does not work anymore. SBCM is working to figure out a new model, including focusing on memberships and adding value, especially for families. He noted that a support organization dedicated to fundraising for a museum must have a Board that is energized, diverse, and representative of the community.
One advantage of having the Museum Association is that it can tap revenue streams, like governmental and private grants, that SBCM, as part of the County, cannot. A more aggressive fundraising effort would greatly benefit the Museum.
Myers noted the importance of keeping the fundraising board engaged and energized. He is trying to start fresh with what SBCM wants to do in the future, including bringing on new Association Board members who are in mid-career and who have work experience that contributes to the success of the Board.
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SUMMARY OF BENCHMARK MUSEUMS
Public & Private Entities Written Governance Funding
Agreement
Ontario Museum of MOU • OMHA is owned and operated by the City • City of Ontario provides History & Art : City of Ontasio
Ontario Museum of • Ontario City Council is OMHA's governing body approximately 90% of OMF Ontario, CA History & Art funds. Remaining funds ar
Associates • OMHA Director reports to the Executive Director provided by the Museum
of the Ontario Department of Community Life &
Associates through operatio
Culture, who reports to City Council the Museum Store, events, • OMHA has a paid, City-appointed Museum grantwriting, and other Board of Trustees that is advisory only fundraising
• The Museum Associates Board of Directors • OMHA does not have an governs the nonprofit group but has no endowment
governance role with the Museum
Rancho Los Cerritos • City of Long Beach Historic Lease • RLC facilities and collections are owned by the RLC receives approximately Long Beach, CA • Rancho Los Cerritos Agreement City; the Museum is operated by the nonprofit its revenues from contribute Foundation RLC Foundation sources, 35% from the City,
RL Foundation Board is the Museum's from earned sources, and 3! governing body from investments.
• RLC Museum Executive Director reports to the • The RLC Foundation has an RLC Foundation Board endowment valued at $787,
San Bernardino • County of San MOU • SBCM is owned and operated by the County • SBCM receives 85% of its re County Museum Bernardino • from the County, 11% from
County Board of Supervisors is SBCM's
Redlands, CA • San Bernardino governing body earned sources, and 4% fror County Museum Association
Association • SBCM Director reports to the Deputy Executive Officer of the County Community Services SBCM does not have an Group endowment; the Association
investments valued at $1.3
• The Museum Association Board of Directors million
governs the nonprofit group but has no
governance role in the Museum
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OBSERVATIONS AND TRENDS
Based on MMC's interviews with the three benchmark museums, as well as previous work with other public-private partnerships, this section outlines observations and trends worth considering as the City of Industry contemplates a public-private model for the Homestead Museum.
NONPROFIT PARTNERS
• Nonprofit organizations are often established years or decades after the founding of government-run museums to put less pressure on government coffers, increase overall revenues for the museum, aid in creating autonomy for growth, and to protect the museum against changing government priorities and funding capacity. • In the three benchmark organizations, their nonprofits were developed organically by volunteers in support of a museum or mission. None of the three contracted with pre- existing nonprofit organizations. This is the norm in the museum industry. • Two of the three nonprofits in this study provide approximately 4-10% of their respective museum's overall revenues. In dollar terms, the SBCM Association provides approximately $145,600 per year and the OMHA Associates, $100,000 - $200,000 per year. These are not insignificant sums, but they highlight the challenge of building a nonprofit partner that can raise and contribute a significant portion of the museum's annual operating budget. • Staffing within the three nonprofit organizations varies. The OMHA Associates remains volunteer-run, the SBCM Association has one full-time and two part-time staff, and the RLC Foundation employs all 13 Museum staff. Without paid staff, it is challenging for a typical nonprofit to grow into a professional organization capable of providing significant financial support to its partner museum.
PARTNERSHIP AGREEMENT
• The written agreement should outline roles and responsibilities with as much detail and specificity as possible to provide clarity for both sides. RLC highlighted the importance of including specificity around ongoing and deferred maintenance for historic facilities, which need continuous support through the years.
• Ideally, the agreement will have a term of decades, but will include ways to consider new challenges and priorities as they arise on an annual basis. • It is important for the government entity to designate a single staff person to serve as the point of contact for the museum.
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GOVERNANCE
• Reporting to a City Council/County Board of Supervisors can be challenging, as it is difficult to gain real buy-in and oversight, or to compete with the City/County's key priorities. To address this issue, OMHA has an intermediary Museum Board of Trustees, which serves in an advisory capacity. Similarly, SBCM had a Commission, but it was disbanded several years ago. RLC said they dropped off the City's radar once they went private; they want to build the relationship with the City Council and are doing this partly through the Foundation Board. If governance of a museum remains with a City Council, finding a way to get on their radar is essential to the museum's future success.
NONPROFIT GOVERNANCE
• Each benchmark organization spoke of the need for a strong nonprofit board. According to the museums, the Board must be active, connected, effective fundraisers, and have areas of desired expertise (e.g., legal, accounting, fundraising, business, etc.). • RLC and its sister organization, Rancho Los Alamitos, recommend including City representatives on the nonprofit Board (current or retired City employees, elected officials) to help with communications, connections, and navigation of municipal matters. • The volunteer board needs to maintain an orderly turnover in board members; there should be term limits to ensure an ongoing flow of new, diverse trustees, and to prevent the board from stagnation.
ADMISSIONS
• Two of the benchmark museums have no admission fee, likely due to their association with a government entity and accessibility considerations. Outside of this study, some museums associated with a government partner employ a tiered fee structure, in which only local residents receive free admission (with proof of residency).
FUNDING MODEL
• Many museums in public-private partnerships receive additional government services that supplement the work of the Museum staff. In the case of the two government- operated museums in this study, the museums are charged for these additional services.
At OMHA, 25% of its budget ($500,000) covers costs associated with services provided by the City, including building and grounds maintenance and liability insurance, among others. At SBCM, the County charges all departments for services and indirect costs such as administration, overhead, and facility maintenance; at the Museum, this amount comes to $1.26 million, and is not reflected in the budget numbers listed in this report. • Starting a new nonprofit and making the public aware there is a separate entity raising funds for the museum requires time and expertise. This is a common challenge Museum Management Consultants 19
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experienced by museums associated with government entities, universities, or wealthy founders; branding and experienced fundraising professionals will help the public understand why their support is needed, where their contributions will go, and what they will support.
• Each benchmark museum director spoke of the desire for stronger fundraising in support of their museum; this is a common refrain from all museums whose funding is not guaranteed, and it highlights the importance of starting a new nonprofit the right way.
That may include working with fundraising counsel, providing annual financial support or annual management fee, considering paying for a Development Director in the initial years, and establishing an effective Board
• The nonprofit's financial contribution to the museum, even if a small percentage, can be highly beneficial, but the tradeoffs must be fully understood and considered. • Some museums benefit from other sources of revenue, like a hotel or sales tax, to provide ongoing funds. In this study, RLC receives Measure A sales tax revenue. • The RLC Foundation and SBCM Association both have endowments, which are a good source of annual operating funds, although raising enough endowment funds to provide significant annual revenues is challenging. Providing seed funding for an endowment is another option to consider when creating a new nonprofit.
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CONCLUDING REMARKS
The City of Industry values the Homestead Museum as a City asset and educational resource. Yet, as with so many municipalities, there is a limit to the amount of funding available to the Homestead from the City, and in turn, this limits the Museum's potential for growth, greater reach, and deeper impact. Establishing a nonprofit organization to provide additional financial support for the Museum is one potential solution. In addition to fundraising, a nonprofit organization would establish a group of advocates for the Homestead and depending on the evolution of that group over time, it could one day take a bigger role in governance and oversight of the Museum as well.
The experiences of the three museums in this study highlight the importance of setting a solid foundation for a new nonprofit. That begins with recruiting committed volunteers to serve on the organization's Board. Those individuals must have not only a commitment to the Homestead's mission, but also relevant experience and the capacity to help build the Museum's financial sustainability and reach. A new nonprofit organization and Board of Directors comes with its own challenges and tradeoffs, and these must be fully understood and considered during the discovery process currently underway at the City. This Benchmark Study is just one piece of the City's education on this matter. With the information gathered over this time of study, the City needs to revisit its goals for the Homestead Museum and determine if establishing a nonprofit organization and building a public-private partnership is an effective way of achieving those goals.
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APPENDICES
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ONTARIO MUSEUM OF HISTORY & ART MOU
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Memorandum of Understanding between
ONTARIO MUSEUM OF HISTORY AND ART
and
ONTARIO MUSEUM OF HISTORY AND ART, ASSOCIATES
This Memorandum of Understanding ("MOU"') is made by and between the Ontario Museum of History & Art, located at 225 Euclid Ave., Ontario, California 91762 ("Museum") and Ontario Museum of History & Art, Associates, a 501(c)(3) nonprofit corporation organized pursuant to state statutes and located in Ontario, California ("Museum Associates").
Sometimes hereinafter the Museum and the Museum Associates (may be referred to individually as a "Party" or collectively as the "Parties)."
RECITALS
WHEREAS, the Museum Associates supports the Museum's mission to be a vibrant cultural resource for the City's diverse communities that advances an understanding of regional history and art through exhibits and programming.
WHEREAS, the Museum Associates supports the Museum's
purposes by increasing awareness and support of its programs and by soliciting various public and private donations and grants.
WHEREAS, the Museum operates at 225 Euclid Ave., Ontario, CA 91762.
WHEREAS, the Museum Associates and its members are a
volunteer-run organization with a 26 year track record of supporting the betterment of the Museum.
WHEREAS, the Museum assists the Museum Associates by
providing space for the Museum Store (operated by the Museum Associates) and provides the Museum's Council Chambers as a meeting space to the Museum Associates.
WHEREAS, the Museum's assistance to the Museum Associates serves a public purpose because the donations collected by the Museum Associates will ultimately be invested back into the Museum and the Museum's educational programs and services; and
1 WHEREAS, the Museum and the Museum Associates now wish to formalize and document that relationship and provide a framework for the provision of such services.
NOW, THEREFORE, the Parties agree as follows:
Section 1. The Recitals set out above are true and correct and are incorporated herein by this reference.
Section 2. TERM.
The term of this MOU commences on the Effective Date. The effective date of this MOU shall be the last date on which all Parties have signed this Agreement. This MOU may be terminated without cause upon 30 calendar days prior written notice from one Party to the other. In the event of termination, each Party shall provide the other with an accounting of all funds in its possession and status of services and thereafter transfer those receipts and any and all records.
Section 3. ONTARIO CITY MUSEUM SERVICES
The Museum represents and acknowledges the following with regard to its obligations under this MOU:
3.1 The Museum shall provide the Museum Associates with a space for operation of the Museum Store free of charge. Since the space is secured with the Museum's facility, access to the space shall be provided upon 72 business hours' notice to the Museum's Director.
3.2 The Museum shall provide the Museum Associates with meeting space for the Museum Associates monthly board meetings, monthly executive meetings and committee meetings as needed. Meetings will need to be held at times that do not conflict with Museum operations and requests for meeting space will need to be provided with at least one week's notice to the Museum's Director.
3.3 The Museum agrees to ensure that the Museum Associates are kept aware of the goals and direction of the Museum.
2 3.4 The Museum agrees to share with the Museum Associates the Museum's strategic initiatives at the beginning of each fiscal year and discuss with the Museum Associates how their resources and support might help forward these initiatives.
3.5 The Museum agrees to organize a "Funding Request" meeting each year that indicates the anticipated needs for the Museum Associates support. Museum staff are not restricted from making funding requests outside of the annual funding request meeting.
3.6 The Museum agrees to provide the Museum Associates with a staff liaison to assist them with activities related to the store, graphics, hospitality, education programs, and community outreach, all of which shall constitute no more than eight (8) hours per month.
3.7 The Museum agrees to provide public space for Museum Associates membership brochures and promotional materials based on operational needs of the Museum.
3.8 The Museum agrees to provide the Museum Associates with space in the Museum for archival storage and office needs based on operational needs of the Museum.
Section 4. MUSEUM ASSOCIATES SERVICES
4.1 The Museum Associates agree to publicly support the Museum and its policies.
4.2 The Museum Associates agree to include a member from the Museum's administration as a non-voting presence at all Museum Associates' meetings and to allow room on the agenda for a Museum report.
4.3 The Museum Associates agree that any and all monies raised will be spent exclusively for the Museum's programs, services, materials and other Museum defined needs unless otherwise agreed to by both the Museum Associates and the Museum.
3 4.4 The Museum Associates agree to provide support for expenses related to the docent program, such as training, learning excursions and refreshments for docent meetings.
4.5 The Museum Associates agree that the Museum administration has the final say in accepting or declining any and all gifts made to the Museum.
4.6 The Museum Associates agree to engage in advocacy efforts on behalf of the Museum under the guidance of the Museum and the Museum's Board of Trustees.
4.Z The Museum Associates agree that if they cease to actively fundraise, promote, and support the educational programs of the Museum, they will dissolve and donate all funds to the Museum, allowing for a new group to be established in the future.
Section 5. MUSEUM ASSOCIATES COMMITMENT AND
PAYMENT
5.1.1 Museum Associates Representations. The Museum
Associates represent and acknowledge the following with regard to its obligations under this MOU in consideration of the provision of services and support by the Museum and City.
5.1.2 The Museum Associates will operate as a private legal entity separate from the Museum, and in compliance with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.
5.1.3 The Museum Associates will develop its own separate logo from the Museum by July 1, 2023 and will utilize its separate marketing identity on all Museum Associates branded materials from that date forward.
5.1.4 The Museum Associates will maintain status as a tax- exempt, charitable organization under applicable State and Federal laws to 4 ensure that gifts and bequests received may qualify as deductible, charitable contributions for the donor. This includes compliance with applicable federal and state income tax laws as well as maintaining status with the State Attorney General's registry of charitable trusts.
5.1.5 The Museum Associates will develop and provide the Museum with its cash handling policies as they relate to Museum Store operations, fundraising events, donations and membership dues by the date of July 1, 2023.
5.1.6 The Museum Associates will provide the Museum and/or City with all necessary reports and documents regarding its financial matters on an annual basis.
5.1.7 The Museum Associates will ensure that background checks are conducted of its board members who volunteer on behalf of the Museum. These background checks shall be conducted through the City's Human Resources Department by the date of July 1, 2023.
Section 6. KEEPING AND STATUS OF RECORDS.
Each Party shall maintain complete and accurate records that relate to the performance of services under this MOU in sufficient detail to permit an evaluation of services, which records shall be clearly identified and readily accessible. Each Party shall provide free access to the other or to its designees at reasonable times to such books and records and shall give the other the right to examine and audit said books and records; to make transcripts or copies therefrom as necessary; and to allow inspection of all work, data, documents, proceedings, and activities related to this MOU.
Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment.
Section 7. INDEPENDENT CONTRACTOR
Neither the Museum nor the Museum Associates shall be considered to be a joint venture with the other, nor shall their employees be considered employees of the other as a result of this MOU. All acts of the Museum Associates, its agents, volunteers, officers, employees and all others acting on behalf of the Museum Associates relating to this MOU will be performed 5 as independent contractors. The Museum Associates, its agents, volunteers, and employees will represent and conduct themselves as independent contractors and not as employees of the Museum or the City.
The Museum Associates has no authority to bind or incur any obligation on behalf of the Museum or the City. Except as the Museum may specify in writing, Museum Associates shall have no authority, express or implied, to act on behalf of the Museum or the City in any capacity whatsoever as an agent. The Museum Associates shall have no authority, express or implied, pursuant to this MOU to bind the Museum or the City to any obligation whatsoever.
Section 8. INDEMNIFICATION AND RELEASE OF CLAIMS
8.1 To the fullest extent permitted by law, the Museum Associates shall defend, indemnify and hold the Museum and City, and each of their directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of the Museum Associates, its officials, officers, employees, subconsultants, consultants or agents in connection with the performance or failure to perform under this MOU, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. The Museum Associates' obligation to indemnify shall survive expiration or termination of this Letter MOU, and shall not be restricted to insurance proceeds, if any, received by the Museum, or the City, or either of their officials, officers, employees, agents, or volunteers.
8.2 Release of Claims. The Museum Associates hereby waives and releases any and all claims it may have against the Museum or City as a result of the Museum's or the City's performance or failure to perform under this MOU.
Section 9. Insurance:
6 The Museum Associates shall provide proof of commercial general liability in the minimum amount of $1,000,000 insurance with policies, endorsements and conditions required by the City by the date of July 1, 2023. The City, its elected officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on such policies of commercial general liability. If the Museum Associates is an employer or otherwise hires one or more employees during the term of this Project, , the Museum Associates shall also provide proof of workers compensation coverage for such employees, which meets all requirements of State law, with endorsements and conditions required by the City.
Section 10. NOTICES.
All notices permitted or required under this MOU shall be in writing and shall be deemed given when delivered in person or three calendar days after deposit in the United States Mail, First Class, prepaid, address as set out above.
If to Museum:
225 S Euclid Avenue
Ontario, CA 91762
Attn: Museum Director
If to the Museum Associates:
Ontario Museum of History & Art, Associates
225 S Euclid Avenue
Ontario, CA 91762
Attn: President
Section 11. MISCELLANEOUS
11.1 This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state court situated in San Bernardino County, State of California. Prior to any litigation, the Parties shall meet and try to resolve the issues informally.
7 11.2 Amendments. The Parties may amend this MOU only by a writing signed by all the Parties
11.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this MOU does not constitute a waiver of any other breach of that term or any other term of this MOU.
11.4 Integration. This MOU represents the entire and integrated agreement between the Museum Associates and the Museum and supersedes all prior negotiations, representations, or MOUs, either written or oral.
11.5 Assignment. Neither Party may assign this MOU.
11.6 Contract Administration. This MOU shall be administered for the Museum by the Museum, Arts & Culture Director and for the Museum Associates by its President.
11.7 Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one contract.
11.8 Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and that electronic signatures shall have the same force and effect as original wet signatures.
11.9 Severability. If any term, covenant, or condition of this MOU is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect.
11.10 Authority. The individuals signing below represent and warrant that they have the legal authority to bind the Party for whom they are signing.
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this MOU as of the date set out below. 8 For Ontario Museum of History and Art
Dillelam Date: 0/3/22
By:
Helen McAlary,_Executive Director of Community Life and Culture For Ontario Museum of History and Art, Associates
By: Date: /0/1/22
Leslie Sherwood James, President
RANCHO LOS CERRITOS HISTORIC SITE LEASE
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1 HISTORIC SITE LEASE
2 33339
3 THIS HISTORIC SITE LEASE ("Lease") is entered into between the CITY 4 OF LONG BEACH, a municipal corporation ("Landlord"), and RANCHO LOS CERRITOS 5 FOUNDATION, a California non-profit corporation ("Tenant"), pursuant to a minute order 6 adopted by the City Council of the City of Long Beach at its meeting held on December 7 17,2013
8 RECITALS
9 A. City Owned Site. Landlord is the owner of certain improved real 10 property in the City of Long Beach commonly known as Rancho Los Cerritos Historic Site 11 (the "Historic Site" or "Premises") which is more particularly described in Exhibit "A", 12 attached hereto and incorporated herein by this reference. The Historic Site was 13 transferred to Landlord from Llewellyn Bixby, Jr. subject to certain conditions set forth in CHARLES PARKIN, City Attorney 14 the Grant Deed (the "Deed").
OFFICE OF THE CITY ATTORNEY 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 B. Historical Significance. The Premises is a living historical site of 16 National and State significance which has been placed on the National Register of 17 Historic Places. It is one of the few remaining sites that represent the development of 18 Southern California from Indian settlements through the early California and Rancho 19 period, to the rapid urbanization of the late Twentieth (20") Century. The physical 20 resources of the Premises, in combination with its history, create a potentially superb 21 educational resource for the City and region.
22 C. Landlord's Obligations for Maintenance. Pursuant to the Deed, 23 Landlord is obligated to maintain the Historical Site, including the gardens and all 24 residential and agricultural structures, their interiors and furnishings, furniture, fixtures, 25 utilities, carpeting, equipment, and plantings, to the extent existing on the Premises, in a 26 manner appropriate for use of the site as a historical public park. Landlord desires to 27 transfer many of these maintenance obligations to Tenant and desires to compensate 28 GJA P(A13-01980; 12-17-13
Maopsictylaw32 wpdocs|00161p02 100427750 doc
1 Tenant for assuming this responsibility to the same extent and in the same amount that it 2 is estimated Landlord would pay if it retained this responsibility. 3 D. Landiord's Obligations for Programs. It is the expressed intent of 4 the Deed that the Historical Site be maintained in a functional condition for useful public 5 and community activities, assemblies, and visits. Landlord is also obligated to appoint or 6 employ a qualified "Historic Sites Officer" to care for, maintain, and operate the Historical 7 Site. Landlord must itself meet these obligations or cause these obligations to be met by 8 others. Landiord desires to transfer these obligations to Tenant and to compensate 9 Tenant to the same extent and in the same amount that Landlord would pay if it met 10 these obligations itself.
11 E. Public Enjoyment. Landlord desires to preserve the public 12 enjoyment of the Historical Site and to maintain the accessibility of the facility to the CA 90802-4664 13 public and, as a result, desires to reserve supervision of certain aspects of the operation 14 of the Historical Site. Further, Landlord desires to preserve the art, artifacts, furniture, OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor 15 equipment, fittings and the like, associated with the Historical Site and its historical 16 significance and, as a result, desires to reserve certain ownership rights with respect to 17 those items.
18 PREMISES.
19 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord 20 the Premises for the term, at the rent and upon the conditions set forth in this Lease. 21 TERM.
22 2.1 Initial Term. The term of this Lease shall be twenty-five (25) 23 years commencing on October 1, 2013 ("Commencement Date") and terminating 24 on September 30, 2038, unless earlier terminated as provided herein. 25 2.2 Holding Over. Any holding over after the expiration of 26 the term of this Lease, shall be construed to be a tenancy from month-to-month, 27 upon terms and conditions as existed during the last month of the term. 28 2
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1 USE OF THE PREMISES.
2 Tenant shall have the exclusive right and obligation to manage, operate and 3 interpret the Historical Site so as to maintain the Historical Site as a historical public park. 4 Tenant shall also enhance the educational value of the Historical Site through public and 5 community activities, assemblies, and visits. The parties agree that this Lease covers 6 only the surface of the Premises and only so much of the subsurface as is reasonably 7 necessary for Tenant's use of the Premises as permitted in this Lease. 8 Further, Tenant shall have the exclusive right and obligation to manage the 9 Premises as provided by the Deed, and to program all activities determined by the 10 Tenant to be consistent with its operational and fundraising requirements. The Tenant 11 has the exclusive right to fundraise on behalf of the Premises and may charge for 12 programs and events. The Tenant shall operate the Premises consistent with all City and 13 state laws.
14 RENT / TAXES / UTILITIES.
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 4.1 Base Rent. Tenant shall pay to Landlord an annual base 16 rent of One Dollar ($1.00), payable in a lump sum at the commencement of each 17 Lease year without set-off, deduction, notice, or demand. 18 4.2 Additional Rent. All monetary obligations of Tenant under 19 this Lease, including but not limited to personal property taxes, possessory interest 20 taxes, insurance and utility costs shall be deemed to be additional rent. 21 4.3 Possessory Interest Taxes. Tenant acknowledges that 22 this Lease may create a possessory interest subject to property taxation and that 23 Tenant may be liable for payment of taxes levied on such interest. Tenant shall 24 promptly pay, prior to delinquency, all taxes, assessments, and other 25 governmental fees that may be levied against the Premises, and any 26 improvements or personal property located on the Premises, and on any 27 possessory interest created by this Lease, and provide proof of payment to 28 Landlord on demand.
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1 4.4 Personal Property Taxes. During the term, Tenant shall pay 2 prior to delinquency all taxes assessed against and levied upon fixtures, 3 furnishings, equipment and all other personal property of Tenant, if any, on the 4 Premises and when possible Tenant shall cause said fixtures, furnishings, 5 equipment and other personal property to be assessed and billed separately from 6 the real property of Landlord.
7 4.5 Utilities. Tenant shall arrange for and pay before 8 delinquency all charges for water, gas, heat, electricity, sewer, telephone services, 9 trash removal, and all other services and utilities used in, upon, or about the 10 Premises by Tenant during the term of this Lease. Tenant's failure to pay 11 municipal utility bills shall be deemed a default hereunder unless a dispute with the 12 utility company is pending.
13 5. MAINTENANCE AND REPAIR.
OF THE CITY ATTORNEY PARKIN, City Attorney
14 Landlord and Tenant's maintenance and repair responsibilities at the 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 Historic Site are as follows:
16 5.1 The Historic Ranch House. Landlord shall be
OFFI 17 responsible for the structural portions of the Ranch House, including the main 18 entry gate, walls, windows, veranda, roof and roof systems, wheelchair lift, furnace 19 vaults, plumbing repairs in excess of Two Thousand Five Hundred Dollars 20 ($2,500.00), water heater, gas lines, sewer lines, electrical lines, and the heating 21 system (including changing the filter), exterior painting, and brick walkway 22 adjacent to the Historic Site. Tenant shall be responsible for the office furniture 23 and equipment, and minor plumbing issues, such as clogged sinks, toilets, broken 24 sink faucets, fixtures and fittings, and interior painting. 25 5.2 Visitor's Center. Landlord shall be responsible for the 26 structural portions of the Visitor's Center, including the walls, windows, foundation, 27 roof, plumbing, water lines, gas lines, sewer lines, electrical lines, elevator, and 28 HVAC system (including filter replacement). Tenant shall be responsible for the
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1 exhibits, furnishings, computers and equipment, gift shop merchandise, interior 2 painting, and minor plumbing issues.
3 5.3 1930's Gardener's Building. Landlord shall be
4 responsible for the structural portions of the Gardener's Building and exterior 5 painting. Tenant shall be responsible for all routine repairs and maintenance of 6 the Gardener's Building.
7 5.4 Collections Storage Trailer. Tenant shall be responsible for all 8 repairs and ongoing maintenance of the Trailer. Tenant shall also be responsible 9 to keep the items stored within the Trailer in good condition. Landlord shall be responsible for the replacement of the Trailer if the trailer cannot adequately house or protect the contents.
12 5.5 Collections Storage Trailer - Located at Landlord's Tree Farm. 13 Tenant shall be responsible for all repairs and ongoing maintenance of the Trailer.
THE CITY ATTORNEY
14 Tenant shall also be responsible to keep the items stored within the Trailer in good CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 condition. Tenant shall be responsible for replacement of the Trailer when OFFICE OF 16 needed.
17 5.6 New Structures. It shall be the responsibility of the 18 Landlord to maintain the structural integrity of all new structures constructed on the 19 Premises, pursuant to the Rancho Master Plan. Tenant shall be responsible for 20 the day-to-day maintenance of the structure(s) as outlined above at Section 5.1. 21 5.7 Graffiti. Tenant shall keep the Premises free from graffiti 22 and ensure removal within forty-eight (48) hours.
23 5.8 Vector Control. It shall be the responsibility of the 24 Landlord to maintain the Premises free from invading insects and mammals, such 25 as but not limited to bees, rats, mice, bats, mosquitoes, and termites, etc. Should 26 it be deemed that the Premises or any major structure of the Premises requires 27 tenting to treat invading insects, it shall be the responsibility of the Landlord to 28 coordinate and pay for such treatment.
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1 6. ALTERATIONS.
2 6.1 Tenant Alterations. Any alterations and additions made by 3 Tenant to the Premises (including new construction) shall be in conformance with 4 the requirements of all municipal, state, federal, and other governmental 5 authorities and in conformance with the Grant Deed and other approved planning 6 documents ("alterations"). All alterations to the Premises shall belong to Landlord. 7 Tenant shall not remove any trees planted before 1955 without prior approval of 8 Landlord. Any removal of fixtures, furniture or equipment or alterations shall be 9 done in a good and workmanlike manner. Tenant shall not make any other 10 alterations in and to the Premises without Landlord's prior written approval, which 11 approval shall not be unreasonably withheld, conditioned or delayed. Landlord 12 may impose as a condition to such consent such reasonable requirements as 13 Landlord may deem necessary or desirable, including, requirements as to the 14 manner in which and the time or times at which such work shall be done provided OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 that, Landlord's consent shall not be unreasonably withheld, conditioned or 16 delayed. Tenant shall describe all alterations accomplished during a lease year 17 (or calendar year) in Tenant's Annual Report to Landlord. 18 6.2 Contractors. Tenant shall retain the services of only such architects, engineers, contractors and other professionals who are licensed by the 20 State of California. All work shall be performed in a thoroughly first class and 21 workmanlike manner in conformity with the Master Plan and subsequent planning 22 documents, and shall be in good and useable condition and repair at the date of 23 completion. Tenant or Tenant's contractors shall be required to pay for all 24 necessary permits and/or fees with respect to the portion of the alterations for 25 which they are responsible and such fees and permits shall be included in the 26 contractor's price in all instances.
27 6.3 Bonding. Prior to commencement of approved work on 28 improvements to the Premises exceeding One Hundred Thousand Dollars 6 GJAip (A13 01980) 12-17.13
:lappsictylaw32iwpdocs|d0161p021\00427750.d0c
1 ($100,000.00), Tenant shall file or cause to be filed with Landlord, a performance 2 bond in the amount of one hundred percent (100%) of the estimated cost of work 3 conditioned on the faithful performance of the work, and a payment bond in the 4 amount of one hundred percent (100%) of the estimated cost of work conditioned 5 on payment of all claimants for labor and materials used or required in the 6 performance of work. The bonds shall be executed by Tenant or Tenant's 7 contractor, as Principal, and by a surety authorized to do business in California as 8 Surety. The bonds shall name Landlord as a joint obligee with Tenant. Nothing 9 contained herein shall be deemed to release Tenant from the duty to keep the 10 Premises free of labor and materials liens. The performance bond shall remain in 11 effect until completion of the work to the reasonable satisfaction of Landlord. The 12 payment bond shall remain in effect until the expiration of the statutory period for 13 filing liens or stop notices or until the Premises are free from the effect of such 14 stop notices, if same have been filed.
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 6.4 Liens. Tenant shall keep the Premises free of any 16 mechanic's, materialman's, or similar lien for any work done, labor performed or 17 material furnished by or for Tenant, and Tenant shall protect, defend, indemnify 18 and hold Landlord, their officials, employees and agents harmless from and 19 against all claims, liens, demands, causes of action, liability, loss, cost and 20 expense, including reasonable attorney's fees, of whatsoever kind or nature for 21 any such work done, labor performed or materials furnished on the Premises or to 22 the Tenant. In addition, if a lien is imposed on the Premises, Tenant shall notify 23 Landlord, record a valid release of lien within thirty (30) days after the date of filing 24 of said lien, or deposit with Landiord cash in an amount equal to one hundred 25 twenty-five percent (125%) of the amount of said lien and authorize payment to the 26 extent of said deposit to any subsequent judgment holder with regard to said lien. 27 6.5 Notice. Nothing in this Lease shall be deemed or 28 construed in any way as constituting the consent or request of Landlord 7 GA:p (A.13-01980) 12-17-13
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1 (expressed or implied) to any contractor, subcontractor, laborer, or materialman for 2 the performance of any labor or the furnishing of any materials for any alteration or 3 repair to the Premises, any buildings or improvements thereon, or any part thereof. 4 Landlord shall have the right at all reasonable times to post and keep posted on 5 the Premises such notices of nonresponsibility as Landlord may deem necessary 6 for the protection of Landlord and the fee title from mechanics' and materialmen's 7 liens. Tenant shall give Landlord notice of intended construction, alteration or 8 major repair work at least ten (10) days before the commencement thereof to 9 afford Landlord an opportunity to post notices of nonresponsibility. 10 6.6 Disclaimer. All contracts entered by Tenant relating to the 11 construction or use of the Premises shall contain the following clause:
12 "This Agreement shall in no way bind the City of
Long Beach, its officials, boards, commissions,
13 employees or agents nor obligate them for any
THE CITY ATTORNEY costs expenses whatsoever under this
14 Agreement."
CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 6.7 Completion. On completion of work on the Premises, Tenant 16 shall file a Notice of Completion in the Official Records of the County Recorder of 17 Los Angeles County.
18 PARKING LOTS. Landlord shall be responsible for major repairs 19 to all parking lots, including rebuilding due to damage such as tree roots, resurfacing, and 20 slurry sealing. Tenant shall be responsible for all other maintenance of all parking lots, 21 including the responsibility of keeping the parking lots clean and free from obstruction. 22 7.1 Historic Site Entryway and Driveway. Landlord shall be 23 responsible for the resurfacing of the asphalt driveway and repairs to the concrete 24 turn-around on Virginia Drive. Tenant shall be responsible for routine 25 maintenance of the driveway asphalt and the front entry wall. Tenant shall be 26 responsible for keeping the entryway and driveway clean and free from 27 obstruction.
28 8
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1 LANDSCAPING
2 8.1 Landscaping. Tenant shall be responsible for the day to 3 day maintenance, trimming, planting, fertilization and watering of all grounds on 4 the Premises subject to Landlord providing groundskeeping services at a 5 maximum of thirty (30) hours a week at no cost. If additional maintenance is 6 required, Tenant shall hire and pay for additional maintenance services. Landlord 7 shall be responsible for maintaining the irrigation system until a replacement 8 system is installed (at Tenant's expense or through the use of Landlord's Capital 9 Improvement Funding), at which time Tenant shall be solely responsible for 10 maintaining the system. Tenant shall seek to use Capital Improvement Funding 11 for this project.
12 8.2 Landscape Structures. Landlord shall be responsible for 13 the perimeter walls and bricks, concrete and decomposed granite walking paths
OF THE CITY ATTORNEY
14 within the Premises. Tenant shall be responsible for all other landscape access CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 and structures, including sidewalks, walkways, courtyard water feature, the water 16 tower, gates, etc.
17 8.3 Historic Trees and Landscaping. Tenant shall be responsible 18 to maintain the historic fig tree, as well as other historic landscape, and all trees at 19 its sole cost and expense, including all necessary tree trimming consistent with 20 International Society of Arbocultralist Guidelines.
21 TENANT IMPROVEMENT ALLOWANCE.
22 9.1 Deferred Maintenance. In Fiscal Year 2013, Landlord 23 budgeted one time funds in the amount of Five Hundred Thousand Dollars 24 ($500,000.00) to cover deferred maintenance items identified in a "list", attached 25 as Exhibit "B". Upon execution of this lease, Landlord shall transfer this 26 $500,000.00 to Tenant which is to be held in a separate and verifiable account. 27 Landlord is aware that the budgeted amount will not cover all items on the List. 28 On a quarterly basis, Tenant shall provide Landlord, receipts verifying that these GJA jp (A 13-01980) 12-17-13
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1 funds have in fact been used for projects on the "list" or mutually agreed upon by 2 Tenant and Landlord. Beginning in 2015, by January 1 each year, Tenant shall 3 submit to the Department of Parks Recreation and Marine ("the Department") a 4 new list of outstanding maintenance items that are deemed Landlord's 5 responsibility. The Department shall submit this List to the Landlord's City 6 Council, with the understanding that the Landlord's City Council may or may not 7 provide funding for the items on the List. The List of deferred maintenance items 8 will be placed on the Landlord's Capital Improvement Project ("CIP") list in an effort to obtain necessary funding. One of Tenant's priorities shall be fundraising 10 for capital project and operating needs; however, where possible, Tenant will 11 endeavor to raise funds to supplement Landlord's provided funds to address items 12 on the List.
13 10. ASSIGNMENT AND SUBLETTING.
OF THE CITY ATTORNEY PARKIN, City Attorney
14 Tenant shall not assign this Lease or sublet the Historical Site, or any 333 West Ocean Boulevard, 11th Floor
15 interest therein, provided, however, that use of the Premises for private events in 16 accordance with this Lease shall not be deemed a sublet. 17 11. INSURANCE.
18 11.1 Tenant's Insurance. Tenant shall procure and maintain, at its 19 cost, during the term of this Lease and any extensions or renewals thereof, from 20 an insurer admitted in California or having a minimum rating of or equivalent to 21 A:VIII by A.M. Best Company:
22 (a) Tenant shall provide general liability insurance in the amount 23 of Three Million Dollars ($3,000,000.00) per occurrence, automobile 24 liability in the amount of One Million Dollars ($1,000,000.00) 25 combined single limits, workers compensation, and Directors and 26 Officers liability insurance as required by the Landlord's Risk 27 Manager. In addition, Tenant shall provide personal property at 28 replacement cost, commercial crime policy that includes employee 10 GAjp/A (A13-01980) 12-17-13
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•
1 dishonesty with a CR 04 01, naming Landlord as loss payee. The 2 City of Long Beach, its boards, officials, employees and agents shall 3 be listed as additional insureds on all policies.
4 (b) Tenant shall provide working fire extinguishers.
5 (c) Landlord shall provide annual safety inspections by the 6 Department Safety Officer. Minor safety corrections shall be made 7 by Tenant.
8 11.2 Certificates. Upon the execution of this Lease, Tenant shall 9 deliver to Landlord certificates of insurance with original endorsements evidencing 10 the coverage required by this Lease. The certificates and endorsements shall be 11 signed by a person authorized by the insurer to bind coverage on its behalf. 12 Landlord reserves the right to require complete certified copies of all policies at 13 any time. Such insurance shall contain an endorsement requiring 30 days' prior 14 written notice from insurers to Landlord before cancellation or change of coverage.
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 11.3 Deductibles, Increased Limits. Such insurance may 16 provide for deductibles or self-insured retention as may be acceptable to 17 Landlord's City Manager or Landlord's Risk Manager. In the event such insurance 18 does provide for deductibles or self-insured retention, Tenant agrees that it will 19 fully protect Landlord, its boards, officials, and employees in the same manner as 20 these interests would have been protected had the policy or policies not contained 21 a deductible or retention provisions. Not more frequently than every three years, if 22 in the opinion of Landlord or of an insurance broker retained by Landlord, the 23 amount of the foregoing insurance coverage is not adequate, Tenant shall 24 increase the insurance coverage as required by Landlord. The procuring of said 25 insurance shall not be construed as a limitation on Tenant's liability or as full 26 performance on Tenant's part of the indemnification and hold harmless provisions 27 of this Lease.
28 11
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1 11.4 Landlord's Insurance. Landlord, at its cost, shall maintain 2 "All Risk" property insurance, excluding earthquake and flood, in an amount 3 sufficient to cover the replacement value of the buildings and improvements 4 leased to Tenant or constructed by Tenant, and including any personal property or 5 equipment owned by Landlord. Tenant shall be responsible for payment of any 6 deductible under this insurance in an amount not exceeding Five Thousand 7 Dollars ($5,000.00) for any one occurrence.
8 11.5 Modifications. Any modification or waiver of the 9 insurance requirements herein shall only be made with the written approval of the 10 Landlord's Risk Manager or designee.
11 12. DAMAGE AND DESTRUCTION.
12 12.1 Landlord's Duty to Repair. Tenant shall promptly notify 13 Landlord of damage or destruction to the Premises and the date of same. Both 14 parties shall promptly make proof of loss and proceed to collect all valid claims on OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 their respective policies or against others based on such damage or destruction. 16 In the event of (i) partial or total destruction of the Premises during the term of this 17 Lease which requires repairs to the Premises, or (i) the Premises being declared 18 unsafe or unfit for occupancy by any authorized public authority for any reason 19 other than Tenant's act, use or occupation, which declaration requires repairs to 20 the Premises, Landlord shall promptly repair the Premises. 21 All amounts received as a result of claims on policies shall be used 22 first for repair and restoration of the Premises. Failure of Landlord to make repairs 23 shall terminate this Lease at the option of Tenant. However, if during the last two 24 (2) years of the term of this Lease the Premises, excluding the Historic Ranch 25 House, are damaged as a result of fire or any other insured casualty to an extent 26 in excess of twenty-five percent (25%) of the then replacement cost (excluding 27 foundations), Landlord may within thirty (30) days following the date such damage 28 occurs terminate this Lease by notice to Tenant. Landlord may terminate this 12 GARD A13-01980; 12-17.13
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1 Lease by notice to Tenant if the Historic Ranch House is damaged as a result of 2 fire or other insured casualty to an extent in excess of forty percent (40%) of the 3 then replacement cost. If Landlord, however, elects to make such repairs, and 4 provided Landlord uses due diligence in making such repairs, this Lease shall 5 continue in full force and effect. As used in this Paragraph, replacement cost shall 6 mean the cost of replicating the original structures and gardens in accordance with 7 the Historic Building Code and Secretary of the Interior's standards. 8 13. CONDEMNATION.
9 In the event of condemnation or a transfer in lieu thereof, resulting in a 10 taking of any portion of the Premises, Landlord or Tenant may, upon notice to the other 11 given within thirty (30) days after such taking or transfer in lieu thereof occurs, terminate 12 this Lease. All damages awarded for such taking shall belong to Landlord, whether such 13 damages be awarded as compensation for diminution in value to the leasehold or to the 14 fee provided, however, that Tenant shall have the right to claim and recover, any OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 amounts necessary to reimburse Tenant for the cost of removing Tenant's stock and 16 fixtures. If this Lease is not terminated as above provided, Landlord shall use the 17 condemnation award to restore the Premises.
18 14. INDEMNIFICATION.
19 14.1 Tenant's Indemnity. Except as set forth in Section 14.2 below 20 and except for the sole negligence, willful misconduct, or breach of this Lease by 21 Landlord or its agents or employees, Tenant shall protect, defend, indemnify and 22 hold harmless Landlord, its officials, boards, employees and agents from all 23 claims, demands, damages, causes of action, losses, liability, costs or expenses, 24 including reasonable attorney's fees, of any kind or nature whatsoever which 25 Landlord, its officials, boards, employees, and agents may incur for injury to or 26 death of persons or damage to or loss of property occurring in, on, or about the 27 Premises arising from the condition of the Premises, the alleged acts or omissions 28 of Tenant, Tenant's employees, agents, the occupancy, use, or misuse of the 13 GJA p (A13-01980) 12-17-13
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•
1 Premises by Tenant, Tenant's employees, agents, approved subtenants, 2 licensees, patrons, or visitors, or any breach of this Lease. 3 14.2 Landlord's Indemnity. Landlord shall protect, defend, 4 indemnify and hold harmless Tenant, its officers, directors, employees and agents 5 from all claims, demands, damages, causes of action, losses, liability, cost or 6 expenses, including reasonable attorney's fees, of any kind or nature whatsoever 7 which Tenant, its officers, directors, employees and agents may incur as a result 8 of any claim, demand, order, cause of action or suit by a federal, state or local 9 governmental agencies or a third party arising out of the presence or release on, 10 to, from or under the Premises, of Hazardous Material prior to the date that Tenant 11 first managed the Premises or at any time thereafter if such release was caused 12 by Landlord or a third party. "Hazardous Material" means any hazardous or toxic 13 substance, material or waste which is or becomes regulated by any local CA 90802-4664
14 governmental authority, the State of California or the United States Government.
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor 15 15. WAIVER OF CLAIM.
16 Except for the sole negligence or willful misconduct of, or breach of this 17 Lease by Landlord or its agents or employees, and as provided in Section 14.2 above, 18 Landlord shall not be liable for any damages and, to the extent permitted by law, Tenant 19 hereby waives all claims against Landlord, its officials, employees and agents for loss, 20 theft or damage to equipment, furniture, trade fixtures, records, supplies, or any other 21 property on or about the Premises, for loss or damage to Tenant's business, or injury to 22 or death of persons on or about the Premises.
23 16. DEFAULT AND REMEDIES.
24 16.1 Default by Tenant.
25 (a) Events Constituting Default. The occurrence of any one 26 or more of the following events shall constitute a default and breach 27 of this Lease by Tenant: (i) the failure to pay the annual base rent, 28 any additional rental or other payment required hereunder to or on 14 GAip (A13-01980) 12-17-13
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1 behalf of Landlord more than seven (7) days after notice from 2 Landlord to Tenant that Tenant has failed to pay amounts when due; 3 (il) the failure to perform any of Tenant's agreements or obligations 4 hereunder (exclusive of a default in the payment of money) where 5 such default shall continue for a period of thirty (30) days after notice 6 thereof from Landlord to Tenant; (iii) the vacation or abandonment of 7 substantially all of the Premises by Tenant; (iv) the making by Tenant 8 of a general assignment for the benefit of creditors; (v) the filing by Tenant of a voluntary petition in bankruptcy or the adjudication of Tenant as a bankrupt; (vi) the filing by any creditor of Tenant of an 11 involuntary petition in bankruptcy which is not dismissed within sixty 12 (60) days after filing; or (vii) the attachment, execution or other CA 90802-4664 13 judicial seizure of all or substantially all of the assets of Tenant or 14 Tenant's leasehold where such an attachment, execution or seizure OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor 15 is not discharged within sixty (60) days.
Long Beach,
16 (b) Remedies. In the event of any such default by Tenant, 17 Landlord may at any time thereafter, without further notice or 18 demand, rectify or cure such default, and any sums expended by 19 Landlord for such purposes shall be paid by Tenant to Landlord upon 20 demand and as additional rent hereunder. In the event of any such 21 default by Tenant, Landlord shall have the right (i) to continue the 22 Lease in full force and effect and enforce all of its rights and 23 remedies under this Lease, or (ii) to elect to terminate the Lease and 24 Tenant's right to possession thereunder. These remedies are not 25 exclusive but cumulative to other remedies provided by law, and the 26 exercise by Landlord of one or more rights and remedies shall not 27 preclude Landlord's exercise of additional or different remedies for 28 the same or any other default.
15 GJAip (A13 01980) 12-17.13
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1 16.2 Landlord's Default. Landlord shall not be in default unless 2 Landlord fails to perform its obligations within thirty (30) days after notice by 3 Tenant to Landlord specifying such failure provided, however, that if the nature of 4 Landlord's obligation is such that more than thirty (30) days are required for 5 performance, then Landlord shall not be deemed in default if Landlord commences 6 performance within a thirty-day period and thereafter diligently proceeds to 7 completion within ninety (90) days. Should Landlord fail to cure its defaults as so 8 specified, Tenant may terminate this Lease upon thirty (30) days' notice to 9 Landlord.
10 17. MANAGEMENT AND OPERATIONS.
11 17.1 Tenant's Management and Operations. Excluding constraints 12 caused by construction, damage or other forces outside its control or closure that 13 has been previously approved in writing by Landlord which shall not be OF THE CITY ATTORNEY PARKIN, City Attorney
333 West Ocean Boulevard, 11th Floor 14 unreasonably withheld, delayed or conditioned, Tenant shall keep the Premises Long Beach, CA 90802-4664
15 open to the public and for school tours a minimum of twenty (20) hours per week CHARLES 16 . (normal public holidays excepted), and shall present the Premises in a manner 17 which accurately reflects its history and relevance to the contemporary, culturally diverse community. Tenant shall be permitted to close the Premises from the 19 public one (1) week out of the year for deep cleaning and maintenance. 20 Tenant shall use its best efforts to bring local, statewide, and national 21 recognition to the Historical Site and the City of Long Beach. Recognizing the 22 unique and appealing quality of the Historical Site, Tenant will work cooperatively 23 and creatively with other agencies to promote the City of Long Beach as a center 24 for tourism and conventions, and an attractive place of business and residency. 25 The City of Long Beach shall receive acknowledgement in all publications 26 regarding the Historical Site.
27 Tenant shall, in addition to its other duties under this Lease, manage 28 and operate the Historical Site to satisfy the conditions of the Deed. 16 GA jp (A13-01980) 12-17-13
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1 17.2 Master Plan Implementation. Tenant shall endeavor to 2 fund and perform all other Master Plan work including exhibits, educational 3 enhancement and site restoration and incidental maintenance ("Plan Work"). In 4 the case of grants secured from public agencies which are required to pass 5 through Landlord, Tenant shall execute the projects as a lessee under a sub- 6 grantee agreement with Landlord. In consideration of the improvements to be 7 funded by Tenant, Landlord hereby waives any and all fees in connection 8 therewith, including construction administration fees, grant administration fees, and the like.
10 17.3 Library. Tenant shall be responsible for making the research library available to the public on an appointment basis. 12 17.4 Alcohol / Fees. Tenant may authorize the sale and/or City Attorney Boulevard, 11th Floor
CA 90802-4664 13 consumption of alcoholic beverages on the Premises, so long as such activities
THE CITY ATTORNEY
14 and events are not inconsistent with the annual operating plan approved by
PARKIN, '
cean 15 Landlord. Tenant shall also obtain all necessary permits related to providing 16 alcohol.
17 17.5 Collections / Artwork / Assets. The Historic Site Collections, 18 including but not limited to furnishings, works of art, books, and all other historical 19 items will remain the property of the Landlord. All new acquisitions shall become 20 the property of the Landlord once the Tenant is no longer responsible for daily 21 operations and management of the Historic Site.
22 17.6 Deaccession.
23 (a) Definition. Deaccession is a procedure by which collections 24 are examined by professional curatorial staff to identify items which 25 are not pertinent or whose aesthetic and/or historical importance are 26 sub-standard. Such items are permanently removed from the 27 collection and legally disposed of by auction, public sale or 28 negotiated transfer or exchange with adequate consideration. 17 GJA.p (A13-01980) 12-17•13
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1 (b) Deaccession Procedures. Any single object having an 2 estimated market value of less than One Thousand Dollars ($1,000) 3 may be deaccessioned with the approval of Tenant's Board of 4 Directors, and will be reported to the Landlord as part of the Tenant's 5 Annual Report. Any single object with an estimated value of more 6 than One Thousand Dollars ($1,000) shall be deaccessioned only 7 with the approval of Landlord.
8 17.7 Annual Report. For each year of the Lease, Tenant shall 9 prepare and submit to Landlord for its approval an audited annual report within 10 one hundred-eighty (180) days following the close of Landlord's fiscal year during 11 the term of this Lease. The annual report shall include the annual audit, 12 attendance, programs, deaccession activities, financial data, the operating plan for . 13 the next fiscal year, alterations and other information reasonably requested by
OF THE CITY ATTORNEY
14 Landlord. Tenant shall keep all of its books and records in accordance with CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 generally accepted accounting principles and Landlord shall have the right to audit 16 Tenant's books and records. Failure to submit this report shall be deemed a OFFICE
17 material default.
18 17.8 Filming. Tenant shall be responsible for managing and 19 booking all filming at the Premises and shall retain all filming revenue, in 20 accordance with the policy of Landlord's Office of Special Events and Filming. 21 17.9 Expenditure Obligations. Tenant shall have no financial 22 obligations under this Lease other than the expenditure of: (a) the Management 23 Fee from Landlord, (b) the net revenues from Tenant's fundraising efforts for 24 operations, (c) the Tenant Improvement Allowance and (d) public grant monies 25 obtained for restoration and improvement of the Premises. 26 17.10 Annual Management Fee.
27 (a) In consideration of Tenant's agreement to operate and 28 manage the Historic Site and to continue to implement the Historic 18 GJA jO (A13-01980) 12-17-13
cisersimabrantapodalaVocaltempinotes6030c8112-17.13 - ric hisionc lease - final. doc 1 Site Master Plan, Landlord agrees to pay Tenant an annual 2 Management Fee ("Fee") designed to be sufficient to cover the 3 maintenance and operation of costs of the Historic Site required in 4 the Deed.
5 (b) The Fee for the first (1) year of operation shall be Four 6 Hundred Seventy Thousand Dollars ($470,000). Upon execution of 7 the Agreement, Two Hundred Fifty Thousand Dollars ($250,000) 8 shall be immediately transferred to Tenant. Within 60 days of 9 execution of the agreement, Landlord will determine all costs 10 incurred in operation of the Historic Site up to that point in Landlord's 11 current Fiscal Year, and the difference between this amount, the Two 12 Hundred Fifty Thousand Dollars ($250,000) and the Fee amount of levard, 11th Floor
90802-4664 13 Four Hundred Seventy Thousand Dollars ($470,000) will be 14 transferred to Tenant.
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney Boul CA 15 In the second (2nd) and third (3d) year, Landlord will endeavor 16 to maintain the Four Hundred Seventy Thousand Dollars ($470,000) 17 Management Fee unless Landlord's economic condition is such that 18 that amount cannot be approved. Tenant's Fee shall be payable in 19 one lump sum within fifteen (15) days after the commencement of 20 each lease year. Tenant accepts this Fee arrangement for the first 21 three (3) years in return for Landlord's agreement to renegotiate the 22 Fee and amend the Lease beginning with Lease year October 1, 23 2016 thru September 30, 2017.
24 (d) Beginning with the fourth (4) year of the Agreement (October 25 1, 2017) and in all subsequent years, Tenant shall negotiate the 26 annual Fee by meeting with Landlord in the November preceding the 27 particular year. This negotiation will include Tenant providing 28 information on impacts to the operation of the Historic Site from 19 GJA: (A13-01980; 12-17-13
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1 potential increases or decreases to the upcoming year's Fee. It is 2 the intent of the parties that the Fee be consistent with the actual 3 costs of operating and maintaining the Historic Site, to the extent 4 possible within the fiscal constraints of the Landlord. 5 17.11 Transition Assistance. Upon Execution of the Lease, 6 Landlord shall transfer Fifty Thousand Dollars ($50,000) to Tenant as a one-time 7 payment to assist with transitioning to the Lease Agreement. 8 18. LOCATION.
9 Tenant agrees that nothing contained in this Lease shall create any right in 10 Tenant for any relocation assistance or payment pursuant to the provisions of Title 1, 11 Division 7, Chapter 16 of the California Government Code from Landlord on the 12 expiration or termination of this Lease.
13 19. HAZARDOUS MATERIAL.
14 Tenant regularly uses Hazardous Materials in the ordinary course of its OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor 15 operations including, without limitation, paint thinners, solvents, insecticides, paints, glues 16 and numerous other substances commonly found in offices, households and gardens. 17 Landlord consents to Tenant's use of these Hazardous Materials on the Premises on the 18 condition that Tenant stores and disposes of them safely and in accordance with all 19 applicable laws and regulations. Tenant shall not cause or permit any other Hazardous 20 Material to be brought on, treated, kept, used, stored, disposed of, discharged, released, 21 produced, or generated in, on, under or about the Premises by Tenant, its agents, 22 employees, contractors, sublessees, assignees, or invitees without the prior written 23 consent of Landlord, which consent shall not be unreasonably withheld as long as Tenant 24 demonstrates to Landlord's satisfaction that such Hazardous Material is necessary to 25 Tenant's operations and will be brought on, treated, kept, used, stored, disposed of, 26 discharged, released, produced, or generated in a manner that complies with all laws and 27 regulations relating to such Hazardous Material.
28 20
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1 20. FORCE MAJEURE.
2 Except as to the payment of rent, in any case where either party is required 3 to do any act, the inability of that party to perform or delay in performance of that act 4 caused by or resulting from fire, flood, earthquake, explosion, acts of God, war, strikes, 5 lockouts, or any other cause whether similar or dissimilar to the foregoing which is 6 beyond the control of that party and not due to that party's fault or neglect, shall be 7 excused and such failure to perform or such delay in performance shall not be a default 8 or breach hereunder.
9 21. COMPLIANCE WITH LAWS.
10 Tenant shall comply with all applicable codes, standards and laws 11 concerning (a) the operation of Tenant's business or (b) Tenant's use of the Premises 12 and (c) alterations or Plan Work as defined in Section 17.2 performed by Tenant. Except CA 90802-4664 13 as set forth in the previous sentence, Landlord shall comply with all codes, standards and 14 laws affecting the Premises generally including seismic retro-fitting, asbestos abatement, OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor 15 structural alterations and the Americans with Disabilities Act of 1990 ("ADA"). Tenant Long Beach,
16 shall indemnify and hold Landlord harmless from and against any and all claims of failure 17 to comply with or violation of the ADA or other laws relating to the above-stated 18 responsibilities. The prevailing code for the Site is the California State Historic Building 19 Code.
20 22. ENTRY AND INSPECTION.
21 Tenant shall permit Landlord to enter the Premises after reasonable, 22 advance notice to inspect same, to maintain the Premises as required by the terms of this 23 Lease, to determine if Tenant is complying with the terms, covenants, and conditions of 24 this Lease, to serve, post, or keep posted any notice, and for any other legal purpose. 25 Landlord shall also have the right to enter without notice in case of emergencies so as to 26 protect the historic integrity of the Historic Site and insure safety of the public. Landlord 27 shall be permitted to do any of the above without any liability to Tenant for any temporary 28 21
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1 loss of quiet enjoyment of the Historic Site provided that Landlord relocates Tenant, at 2 Landlord's expense, to suitable temporary accommodations, if necessary. 3 23. NONDISCRIMINATION.
4 In connection with performance of this Lease and subject to federal laws, 5 rules and regulations, Tenant shall not discriminate in employment or in the performance 6 of this Lease on the basis of race, religion, national origin, color, age, sex, sexual 7 orientation, gender identity, AIDS, HIV status, handicap or disability. It is the policy of the Landlord to encourage the participation of Disadvantaged, Minority and Women-Owned 9 Business Enterprises, and the Landlord encourages Tenant to use its best efforts to carry 10 out this policy in the award of all subcontracts.
11 24. EQUAL BENEFITS ORDINANCE.
12 Unless otherwise exempted in accordance with the provisions of the 13 Ordinance, this Lease is subject to the applicable provisions of the Equal Benefits
OF THE CITY ATTORNEY
14 Ordinance ("EBO"), section 2.73 et seq. of the Long Beach Municipal Code, as amended CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 from time to time.
16 During the term of this Lease, the Tenant certifies and represents that the 17 Tenant will comply with the EBO. The Tenant agrees to post the following statement in 18 conspicuous places at its place of business available to employees and applicants for 19 employment:
20 "During the performance of a Contract with the City of Long Beach, 21 the Tenant will provide equal benefits to employees with spouses and its 22 employees with domestic partners. Additional information about the City 23 of Long Beach's Equal Benefits Ordinance may be obtained from the City 24 of Long Beach Business Services Division at 562-570-6200." 25 The failure of the Tenant to comply with the EBO will be deemed to be a 26 material breach of the Lease by the Tenant.
27 If the Tenant fails to comply with the EBO, the Landlord may cancel, 28 terminate or suspend the Lease, in whole or in part, and monies due or to become due 22 GJA ip (A13-01980) 12-17-13
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1 under the Lease may be retained by the City. The City may also pursue any and all other 2 remedies at law or in equity for any breach.
3 Failure to comply with the EBO may be used as evidence against the 4 Tenant in actions taken pursuant to the provisions of Long Beach Municipal Code 2.93 et 5 seq.
6 If the City determines that the Tenant has set up or used its contracting 7 entity for the purpose of evading the intent of the EBO, the City may terminate the 8 Contract on behalf of the City. Violation of this provision may be used as evidence 9 against the Tenant in actions taken pursuant to the provisions of Long Beach Municipal 10 Code section 2.93 et seq., Tenant Responsibility.
11 25. PERSONNEL.
12 It is the responsibility of Tenant to obtain, hire and pay for all permanent 13 and temporary employees or contracted individuals. Tenant shall be responsible for all 14 personnel expenses and benefits, which may at the discretion of Tenant include, OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor 15 vacation, sick leave, health insurance, and retirement, etc. Tenant shall be responsible 16 for all payroll taxes, fingerprinting, and other employee costs, such as mileage, required 17 training, and attendance at meetings/conferences, etc., as required. Where possible, 18 Tenant staff may, with Department approval, participate in Landlord-sponsored training 19 courses, such as CPR, First Aid, etc.
20 26. TECHNOLOGY EQUIPMENT.
21 26.1 Computers and Printers. All Landlord owned computers, 22 monitors, speakers, keyboards and printers at the Premises shall be transferred to 23 Tenant at no cost for the duration of the Lease. Tenant shall accept all 24 responsibility for repair, maintenance and replacement for these items. 25 26.2 Software. Tenant shall retain existing Landlord licensed 26 software, but Tenant shall immediately obtain a license in Tenant's name for such 27 software. Out of license software existing on Landlord's computers shall be 28 transferred to Tenant.
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1 26.3 Internet Access. Tenant shall provide and pay for all 2 Internet access and all website providers to the Premises. 3 26.4 Copiers. All Landlord copiers shall be transferred to 4 Tenant for the duration of the Lease.
5 26.5 Telephones. All Landlord landline telephones shall be 6 returned to the Landlord. Tenant shall retain all telephone infrastructure. All Landlord mobile phones shall be returned to Landlord. Tenant will provide and 8 pay for all landline and mobile telephones.
9 26.6 Cable. Tenant shall provide and pay for any television 10 and cable access.
11 26.7 Video Equipment. All Landlord video equipment shall be 12 transferred to Tenant for the duration of the Lease. iRKIN, City Attorney Boulevard, 11th Floor 13 Upon execution of the Agreement, Landlord and Tenant will work together 14 over the first few months to ensure proper transfer of assets. 15 27. MISCELLANEOUS.
16 27.1 Interpretation. This Lease shall be construed and
OFFICE FLE
17 interpreted in accordance with the laws of the State of California. 18 27.2 Partial Invalidity. If any term, covenant, condition or 19 provision of this Lease is held by a court of competent jurisdiction to be invalid, 20 void, or unenforceable, the remainder of the provisions hereof shall remain in full 21 force and effect.
22 27.3 Successors in Interest The covenants herein contained 23 shall apply to and bind the heirs, successors, executors, and administrators of the 24 parties and the parties shall be jointly and severally liable hereunder. 25 27.4 Relationship of Parties. The relationship of the parties is 26 that of Landlord and Tenant, and Landlord is not a partner of Tenant or a joint 27 venturer with Tenant.
28 24
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1 27.5 Volunteers. All volunteers shall sign a waiver form that 2 states that they hold Tenant and Landlord harmless for any injury or loss of or 3 damage to personal property. All volunteers who work with school children shall 4 be pre-screened thru Live Scan as provided by Landlord. 5 27.6 Notices. Whenever notice is required, such notice shall 6 be in writing and shall be personally delivered or deposited in the U.S. Postal 7 Service, certified mail, return receipt, postage prepaid, addressed, if to Landlord:
8 to City of Long Beach, 333 West Ocean Boulevard, Long Beach, California, 9 90802, Attn: City Manager, and if to Tenant: Rancho Los Cerritos Foundation, 10 4600 Virginia Road, Long Beach, California 90807, Attn: Executive Director. 11 Either party may change the address set forth herein by notice to the other. Any 12 notice or demand given by certified mail shall be effective on the date shown on CITY ATTORNEY 13 the return receipt.
ARKIN, City Attorney Ocean Boulevard, 11th Floor
14 27.7 Waiver. No delay or omission in the exercise of any right THE 15 or remedy by a non-defaulting party shall impair such right or remedy or be ES
16 construed as a waiver. Any waiver by either party of any default must be in writing Long
17 and shall not be a waiver of any other default concerning the same or any other 18 provision of this Lease.
19 27.8 Time. Time is of the essence in this Lease, and every 20 provision hereof.
21 27.9 Integration and Amendments. This Lease represents and 22 constitutes the entire understanding between the parties and supersedes all other 23 agreements and communications between the parties, oral or written, concerning 24 the subject matter herein. This Lease shall not be modified except in writing 25 signed by the parties and referring to this Lease.
26 27.10 Joint Effort. This Lease is created as a joint effort between 27 the parties and fully negotiated as to its terms and conditions and nothing 28 contained herein shall be construed against either party as the drafter. 25 GJAgD (A13-01960) 12-17-13
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1 27.11 No Recordation. This Lease shall not be recorded. 2 27.12 Captions and Organization. The various headings and 3 numbers herein and the grouping of the provision of this Lease into separate 4 sections, paragraphs and clauses are for convenience only and shall not be 5 considered a part hereof, and shall have no effect on the construction or 6 interpretation of this Lease.
7 27.13 Termination. This Agreement may be terminated, (i) by either 8 party, at any time with or without cause, upon six (6) months written notice to 9 either Landlord or to Tenant's Board Chair as applicable, and (i) by Tenant, at 10 Tenant's option, upon thirty (30) days' written notice to Landlord in the event 11 Landlord is in default or delinquent on its payment obligations hereunder. 12 27.14 Record Retention. Tenant shall retain all records relating to 13 this lease for a minimum of five (5) years.
14 27.15 Surrender of Site. Upon termination of this Lease, Tenant OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 shall surrender the Premises in a good, clean and sanitary condition, reasonable 16 use and wear thereof and damage by fire, act of God, or by the elements 17 excepted. Tenant shall return to Landlord any personal property of Landlord held 18 by Tenant for use at the Premises. Any governmental grant funds received by 19 Tenant or to be received by Tenant for use on or for the Premises shall be 20 transferred and assigned to Landlord upon termination. Upon termination due to 21 Tenant's default, Landlord shall receive a prorated refund of the Management Fee 22 advanced under Section 17.10.
23 24
25 26
27 28
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1 The parties have executed this Lease on the day and year first above 2 written in Long Beach, California.
3 RANCHO LOS CERRITOS FOUNDATION,
4 December 17, 2013 Xera
5 Name
6 Title Charman, RICF
7 12/17 2013 Na allen he Gula
LORREER
8 Title VICE CHAR
9 "Tenant"
10 CITY OF LONG BEACH, a municipal
11 corporation
12 12-20 Assistant City Manager
_ 2013 By.
City Manager
13 EXECUTED PURSUANT
"Landlord TO SECTION 301 OF
14 THE CITY CHARTER.
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 333 West Ocean Boulevard, 11th Floor Long Beach, CA 90802-4664 15 Dec. 18
16 This Contract is approved as to form on. , 2013.
17 CHARLES PARKIN, City Attorney
18 Chlesson
19 By -
1 • Deput
20 21
22 23
24 25
26 27
28 27
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Exhibit A
VIRGINIA RD
EHE
APEKrE
VIRGINIA RE
25 50 75 100 Feet
RANCHO LOS CERRITOS HISTORIC SITE
RLC foundation mxd teh 12/18 13
Exhibit B
Key Deferred Maintenance Needs at Rancho Los Cerritos
Rev. September 2013
List includes the most critical items and is not inclusive of all deferred maintenance at the Rancho.
Repair/replacement projects must be implemented following the Secretary of the Interior's Standards. > Items listed in current priority order.
Maintenance costs are estimates only actual costs may be significantly higher.
Estimated Notes
Key Deferred Maintenance Items Cost
Severe dry rot and wood fungus growing in several areas, and posts separating from supporting timbers--need structural engineer to assess damage and recommend repairs. This is a Repair veranda pillars, base posts, very rough estimate based on replacement of one major post upstairs floor, and fascia boards 75,000 for $16,000 several years ago.
Asphalt too far-gone to slurry seal. Also have significant Repair and resurface driveway and tripping hazards in the forecourt parking lot from root damage parking lot 80,000 to asphalt. Cost is based on estimate from 2011 plus inflation.
Last treatment in 2001. Evidence of termites is everywhere in Termite treatment & repair of termite- house. Believe we need to tent entire adobe structure at this damaged wood 15,000 point. Rough cost estimate.
Major safety issue. Eroded 1840s bricks on verandas need to be turned or replaced in kind; brick path in garden needs to be Brick pathway and brick veranda repairs 35,000 reset after dealing with roots, cracked bricks, etc.
Wall installed 1930, mortar completely gone in sections, bricks cracked. Must match existing per Sec. Of Int. Based on cost Garden wall repointing 150,000 estimates from 2008.
Repair or replace approx. 30% garden Wood has rotted and/or split in a number of areas, missing in bed borders 7,000 others. Has become a safety issue along some of the paths Repairs to wisteria arbor 10,000 Wood is decayed in a number of key areas.
Investigate gas smell in kitchen; repair furnace lines so that all Complete proper installation of gas line to furnaces function properly; install gas line in kitchen within the caretaker kitchen & finish furnace repairs 10,000 wall.
Replace gravity-fed furnaces which date to 1930 if unable to repair. 11 furnaces are in underground vaults, ducting goes through adobe walls. Cost estimate suggestion by PRM
Furnace upgrade/replacement 90,000 maintenance
Reseal windows and repair framing at Need to repair and reglaze; rain gets into kitchen and upstairs northeast corner of building 6.500 office. Cost estimate is from 2011 Install new fully automated irrigation Irrigațion dates to 1930 and only covers backyard and inner system in backyard and inner courtyard; courtyard; weekly repairs! Cost. based on inflated estimates install system in those areas of the from 1994 when system was designed by Bob Cloud. property where none exists 173,000
Refinish woodwork in library- Floor has not been refinished in at least 31 years; library baseboards, cabinets and shelves; baseboards and cabinets also in bad shape. refinish wood floor 20,000
Repair railings to stairs in main garden Railings loose and unsafe; one was removed due to and by the picnic tables hazardous conditions and needs to be replaced. 1,000
Repair hallway and sunporch tile Repair deep cracks in historic tiles in hallway; cracks are 1,500 widening. Repair/replace tiles that are breaking in sunporch Investigate water problem in adobe wall of Round damage on stucco indicates there may be a slow leak bathroom in main house and repair in a pipe inside the wall? Cost estimate may be low, 2,000 depending on what is found.
Repair wood floor in new visitor center Flawed design; wide cracks between boards and some coving 2,000 have created tripping hazards
Repair electrical wiring to light fixture at Need to run new conduit under road and up column to provide forecourt entry; and light fixture on upper power to light fixture at forecourt entry. Fixture on upper veranda 3,000 I veranda needs to be rebuilt and rehung.
Key Deferred Maintenance Needs at Rancho Los Cerritos
September 2013
Drive is over 25 years old and soil cement has pulverized to dust in some areas; in other areas, edges are completely eroded. Situation creates both tripping hazards and major Patch soil cement drive 5,000 dust clouds on windy days.
Repair or replace concrete pad outside Major crack across the 1930 entire concrete pad old visitor center 2,000
Refinish wooden floors in dining room and Wood floors have not been refinished in at least 31 years. parlor 4,000
Area has been dry for two years, prior to that we had severe flooding and "waterfalls" in the heater/water heater vault.
Health issue; also safety concerns for adobe structure. Water source unknown; past investigations have been inconclusive, water appears without any logic. Next time this occurs, need Investigate source of water under north to remove kitchen floor to investigate. Estimate may be low, wing kitchen; repair depending on what is found.
Some 1840s and 1930s trees have never been pruned, others Tree trimming haven't been pruned in 10+ years.
Paint exterior woodwork-double Last painting was done in 2001; paint peeling in areas, veranda, sunporch, window frames, exposing wood to dry rot. doors, etc. 6,000
TOTAL $768,000
The Rancho Los Cerritos Foundation has pre-approval from the City to use funds from the $500,000 listed in Section 9 of the Lease (TENANT IMPROVEMENT ALLOWANCE) on any of the items listed here. The Foundation will seek agreement from the City's Director of Parks, Recreation and Marine in advance of using any funds from the $500,000 listed in Section 9, for projects not listed here.