LRA Legislation Factsheet
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178.
The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance).
However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following:
1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If increasing the designation to Moderate or High, a local agency may do this at its discretion.
If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following:
1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion.
LRA Legislation Factsheet
AGENDA REPORT
MEETING DATE: June 24, 2025
TO: Mayor and Members of the City Council
FROM: Brian Villalobos, City Manager
BY: Jason Golding, Planning Manager
Albert Nuñez, Management Analyst
SUBJECT: Establishment of an Ad Hoc Committee to Review and Make Recommendations Relating to Public Art on Utility Boxes RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 25-17, establishing an Ad Hoc Committee to review and make recommendations relating to public art on utility boxes.
2) Discuss and consider the formation of a new Arts Ad Hoc Committee comprised of six (6) interested individuals from the previous Freeway Walls and Utility Box Arts Ad Hoc
Committee and up to three (3) City Councilmembers.
FISCAL IMPACT: The fiscal year 2025-26 budget includes $30,000 to support the Utility Box Art Program. The budgeted amount coincides with the estimated costs to complete the remaining Huntington Drive utility boxes in preparation for the centennial of Route 66. There may be additional costs associated with staffing the Ad Hoc Committee’s meetings, but these costs can be absorbed by the departments providing the staffing.
BACKGROUND
On July 11, 2023, the City Council adopted Resolution No. 23-19, establishing the Freeway Walls and Utility Box Arts Ad Hoc Committee. The Committee was tasked with reviewing, researching, and recommending public art related to freeway walls and utility boxes. As an ad hoc committee, it was created to serve a limited-term purpose and was disbanded after the City Council approved the final art recommendations at its regular meeting on November 12, 2024.
At its regular meeting on March 25, 2025, the City Council carried a motion to assign the next Agenda Item: 13.A.
2 round of utility box art projects to an Arts Ad Hoc Committee. To support the implementation of future public art projects, the adopted fiscal year 2025–26 budget includes a $30,000 allocation specifically designated for utility box art.
DISCUSSION/ANALYSIS
To continue the momentum in public art efforts, City staff reached out to former members of the Freeway Walls and Utility Box Arts Ad Hoc Committee to gauge their interest in participating in a newly formed committee. Six (6) individuals have expressed interest in serving on the new Arts Ad Hoc Committee. Staff notes that one of the interested individuals may face scheduling conflicts due to school obligations, depending on when the new Committee meets.
Consistent with the structure outlined in Resolution No. 23-19, the new Arts Ad Hoc Committee would also include up to three (3) members of the City Council. The Council may discuss and determine which members to appoint.
As with prior practice, the new Committee will serve in an advisory capacity and dissolve upon completion of its scope or within one year of its formation, whichever occurs first.
The proposed nine-member structure supports a diverse and balanced committee that includes both community and Council representation. If the individual with potential scheduling conflicts is ultimately unable to participate, the committee would proceed with eight members while still preserving a balance of community input and Council engagement.
RECOMMENDATION
It is recommended that the City Council:
1) Adopt Resolution No. 25-17, establishing an Ad Hoc Committee to review and make recommendations relating to public art on utility boxes. 2) Discuss and consider the formation of a new Arts Ad Hoc Committee comprised of six (6) interested individuals from the previous Freeway Walls and Utility Box Arts Ad Hoc Committee and up to three (3) City Councilmembers.
FISCAL IMPACT
The fiscal year 2025-26 budget includes $30,000 to support the Utility Box Art Program. The budgeted amount coincides with the estimated costs to complete the remaining Huntington Drive utility boxes in preparation for the centennial of Route 66. There may be additional costs associated with staffing the Ad Hoc Committee’s meetings, but these costs can be absorbed by the departments providing the staffing.
ATTACHMENTS
A. Resolution 25-17
B. Resolution No. 25-19 (for reference)
Fiscal Review: Reviewed and Approved:
3 Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
RESOLUTION NO. 25-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,
CALIFORNIA, ESTABLISHING AN AD HOC COMMITTEE TO REVIEW
AND MAKE RECOMMENDATIONS RELATING TO PUBLIC ART ON
UTILITY BOXES
WHEREAS, City of Duarte Ordinance No. 913 established Chapter 2.31 of the Duarte Municipal Code to allow for the formation of ad hoc committees at the pleasure of the City Council; and
WHEREAS, City of Duarte Ordinance No. 918 amended Chapter 2.31.070 to give the City Council flexibility regarding the number of members of an ad hoc committee; and WHEREAS, the City of Duarte values public art and wishes to promote and proliferate public art that reflects the values, culture, and diversity of its residents; and WHEREAS, the City Council wishes to establish an Arts Ad Hoc Committee to review potential public art projects, who will make recommendations to the City Council for approval; and
WHEREAS, an Arts Ad Hoc Committee would provide for flexibility in meeting times and through vetting of a variety of potential projects prior to consideration by the full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated in full herein.
SECTION 2. The City of Duarte Utility Boxes Arts Ad Hoc Committee (“Arts Ad Hoc Committee”) shall be established with members nominated by the City Council and appointed by a majority vote of the City Council. The Arts Ad Hoc Committee shall consist of no more than three (3) Councilmembers, but may consist of any number of City commissioners so long as no quorum of any Commission is seated on the Arts Ad Hoc Committee.
SECTION 3. The Arts Ad Hoc Committee shall be established for a period of one (1) year from the date that a quorum of the committee is appointed in order to review, research, and recommend public art relating to art on utility boxes for full City Council approval, or until final approval of such art by the City Council has taken place, whichever is sooner.
SECTION 4. Participation on the Arts Ad Hoc Committee shall be on a volunteer basis.
SECTION 5. The City Manager shall ensure adequate staffing is provided for the Arts Ad Hoc Committee to carry out its purpose, shall return to the City Council for budget appropriations
as necessary to fund the activities of the Committee, and shall ensure compliance with Duarte Municipal Code section 2.31.
SECTION 6. The City Manager, or their designee, shall be the primary staff liaison for the Arts Ad Hoc Committee.
SECTION 7. The Arts Ad Hoc Committee shall provide quarterly reports relating to the Committee’s activities for receipt and file by the City Council.
PASSED, APPROVED, AND ADOPTED this 24th day of June 2025.
Cesar A. Garcia
Mayor
APPROVED AS TO FORM:
Thai Viet Phan
City Attorney
ATTEST:
Frances Jimenez
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Frances Jimenez, City Clerk of the City of Duarte, California, do hereby certify that the foregoing Resolution Number 25-17 was duly passed, approved, and adopted by the City Council of the City of Duarte at a regular meeting thereof, held on the 24th day of June 2025, by the following vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
Frances Jimenez
City Clerk
RESOLUTION NO. 23- 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,
CALIFORNIA, ESTABLISHING AN AD HOC COMMITTEE TO REVIEW
AND MAKE RECOMMENDATIONS RELATING TO PUBLIC ART ON
FREEWAY WALLS AND UTILITY BOXES
WHEREAS, City of Duarte Ordinance No. 913 established Chapter 2. 31 of the Duarte Municipal Code to allow for the formation of ad hoc committees at the pleasure of the City Council; and
WHEREAS, City of Duarte Ordinance No. 918 amended Chapter 2. 31. 070 to give the City Council flexibility regarding the number of members of an ad hoc committee; and WHEREAS, the City of Duarte values public art and wishes to promote and proliferate public art that reflects the values, culture, and diversity of its residents; and WHEREAS, the City Council wishes to establish an Arts Ad Hoc Committee to review potential public art projects, who will make recommendations to the City Council for approval; and
WHEREAS, an Arts Ad Hoc Committee would provide for flexibility in meeting times and thorough vetting of a variety of potential projects prior to consideration by the full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated in full herein.
SECTION 2. The City of Duarte Freeway Walls and Utility Boxes Arts Ad Hoc Committee (" Arts Ad Hoc Committee") shall be established with members nominated by the City Council and appointed by a majority vote of the City Council. The Arts Ad Hoc Committee shall consist of no more than three ( 3) Councilmembers, but may consist of any number of City commissioners so long as no quorum of any Commission is seated on the Arts Ad Hoc Committee.
SECTION 3. The Arts Ad Hoc Committee shall be established for a period of one ( 1) year from the date that a quorum of the committee is appointed in order to review, research, and recommend public art relating to: (1) art on freeway walls between Mountain Avenue and Buena Vista Street; and ( 2) art on utility boxes for full City Council approval, or until final approval of such art by the City Council has taken place, whichever is sooner.
SECTION 4. Participation on the Arts Ad Hoc Committee shall be on a volunteer basis.
Annette Juarez
City Clerk
SECTION 5. The City Manager shall ensure adequate staffing is provided for the Arts Ad Hoc Committee to carry out its purpose, shall return to the City Council for budget appropriations as necessary to fund the activities of the Committee, and shall ensure compliance with Duarte Municipal Code section 2. 31.
SECTION 6. The City Manager, or their designee. shall be the prim staff liaison for the Arts Ad Hoc Committee.
SECTION 7. The Arts Ad Hoc Conunittee shall provide quarterly reports relating to the Committees activities for receipt and file by the City Council.
SECTION 8. This Resolution shall take effect when Ordinance No. 918 takes effect.
PASSED, APPROVED and ADOPTED this 1 l'1' day of .luly 2023.
APPROVED AS TO FORM:
Thai °Vie" Phan
City Attorney
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DUARTE
ss.
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 23- 19 was adopted by the City Council of said City of Duarte at a regular meeting of said City Council held on the 11' h day of July 2023, by the following vote:
AYES: FINLAY, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ NOES: NONE
ABSTAIN: NONE
ABSENT: KANG
Annette Juarez
City Clerk
AGENDA REPORT
MEETING DATE: June 24, 2025
TO: Mayor and Members of the City Council
FROM: Kristen Petersen, Director of Administrative Services SUBJECT: Fiscal Year 2025/26 Budget Highlights
RECOMMENDATION: It is recommended that the City Council approve the 2025/26 Budget and Five Year Capital Improvement Plan
FISCAL IMPACT: Total authorized expenditures of $34,836,400 for FY 2025/26
BACKGROUND
The City Council held a Capital Improvement Project (“CIP”) Workshop on April 22, 2025, and then held the FY 2025/26 Budget Workshop on May 5, 2025. The recommended budget and Capital Improvement Plan aim to include information and general direction that was provided at these two workshops and will be discussed and described in more detail below.
DISCUSSION/ANALYSIS
General Fund
Since the Budget Workshop, a handful of updates and changes were made, however, the net difference was very minor. The 2025/26 General Fund budget, as recommended, includes a deficit of $818,600, which is $27,000 less of a deficit than was reported at the Budget Workshop. The primary impact on the budget this coming year is $1.27 million in carryover projects which were discussed at the CIP workshop. If this budget were approved as recommended, Unassigned General Fund balance at year-end of 2025/26 would be $25.5 million, which covers 100% of General Fund expenses.
Total General Fund revenues for 2025/26 are projected to be $24.8 million, which is $488,000 more than the 2024/25 estimated actual revenues. Noteworthy revenue issues are as follows:
• On the positive side Building Permits and Plan Check Fees are expected to increase by $100,000 and $450,000 respectively due to the construction of a medium sized City of Hope building.
• On the downside, we are projecting that we will have $168,000 less in grant funds than last fiscal year due to less Tobacco grant funds and the end of the one-time grant awarded by Senator Rubio.
Agenda Item: 13.B.
2 • Given the uncertainty of impacts related to tariffs and other economic volatility, we have maintained a very conservative approach to projecting revenues such as sales tax, transient occupancy tax, etc. We anticipate that we will have additional information and perspective on the impacts of recent Federal and State decisions on our revenues by the time we are conducting our Mid Year assessment early next year.
Total General Fund expenditures are projected to be $25.6 million. This is $1.2 million less than 2024/25 estimated actual expenditures. Noteworthy General Fund expenditure issues are as follows:
• The City Manager’s budget $137,000 less because it does not include election costs that were needed this last year for the election services of the November 2024 Council election and the completion of the majority of the strategic plan process. • The LA County Sheriff’s Contract for fiscal year 2025/26 includes an estimated annual cost increase of 4.5% and liability surcharge of 13%, resulting in a $292,000 increase in the Public Safety budget.
• The recommended 2025/26 budget for Community Development includes $1.6 million less than the current year budget, largely due to the fact that we are projecting that the majority of the Huntington Drive landscape median project will be completed before June 30, 2025. • Based on the discussions at the Capital Improvement Plan Workshop, the proposed budget for the Parks and Recreation Department includes $260,000 for hiring a consultant to prepare the construction drawings for the next phase of the Duarte Park Renovation Phase 2. • The Facilities budget includes several carryover projects, such as the completion of the City Hall building façade and the City Yard electrical upgrades. But as discussed at the CIP workshop, it also includes some new projects, such as the replacement of the roof and the MPR flooring at Royal Oaks Park, the resurfacing of the Futsal/Pickleball courts at Duarte Sports Park, a new ADA entry door for the Community Center and a new boxing ring for the Teen Center.
• The Administrative Services budget includes an increase of approximately $200,000 for the CalPERS retirement unfunded liability payments, which is based on the most recent CalPERS actuarial study.
Other Funds
Since the budget workshop, we have received updated revenues estimates for Gas Tax and SB1 funds. The actual impact was an estimated $100,000 more in revenue. However, we have not proposed increasing the proposed expenses from what was discussed at the CIP and budget workshops.
As discussed at the CIP workshop several projects have been delayed from 2024/25 and will be funded in 2025/26.
• $115,000 has been allocated from the Gas Tax fund to continue the Traffic Study and PS&E for Huntington Drive from City limit to City limit. This will provide the information needed for the City to go out to bid for the massive Huntington Drive street rehabilitation project needed in subsequent years.
3 • The Watson Recreation Trail improvements are expected to move forward in 2025/26, so we have allocated $1.6 from the Federal Appropriation grant. • $1.3 million of Measure M grant and special development funds will be carried over for the completion of the Highland Promenade project.
New projects that are funded by Other funds are highlighted below. • $1 million in SB1 and Measure R for the 25/26 Annual Street Rehabilitation project • $210,000 in Gas Tax and Measure R for the 25/26 Annual Street Maintenance projects • $150,000 in Measure R for the 25/26 Annual Concrete Repair Project • $151,000 in CDBG and Bike/Ped funds for the 25/26 Annual ADA Ramp Project • $1.25 million in Rule 20A credits for undergrounding utilities along a section of Huntington Drive
• $175,000 in Gas Tax and Measure M funds for the installation of a traffic signal at Kelwill and Buena Vista
RECOMMENDATION
It is recommended that the City Council approve the 2025/26 Budget and the Five Year Capital Improvement Plan.
FISCAL IMPACT
Total authorized expenditures of $34,836,400 for FY 2025/26.
ATTACHMENTS
A. FY 2025/26 Budget
B. Capital Improvement Plan FY 2025/26 – 2029/30
Fiscal Review: Reviewed and Approved:
Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
AGENDA REPORT
MEETING DATE: June 24, 2025
TO: Mayor and Members of the City Council
FROM: Brian Villalobos, City Manager
BY: Andres Rangel, Assistant to the City Manager
SUBJECT: Approval of the FY 2025-26 Duarte Chamber of Commerce Services Agreement
RECOMMENDATION: Staff recommends that the City Council approve the FY 2025-26 Services Agreement in the amount of $73,600 with the Duarte Chamber of Commerce through June 30, 2026
FISCAL IMPACT: The Services Agreement is in the amount of $73,600. The appropriation of funds to account #1020-7710 is included in the FY 2025-26 budget.
BACKGROUND
For over four decades, the City has authorized the City Manager to enter into an agreement with the Duarte Chamber of Commerce for general services and business community support.
Leading up to this FY 25-26 agreement, the City and Chamber of Commerce have worked extensively to craft an agreement that identifies a scope of work and clear performance metrics both entities can agree to accomplish for the upcoming and future fiscal years.
DISCUSSION/ANALYSIS
Throughout FY 24-25, City Staff and the Chamber of Commerce have worked to refine a scope of work that best serves local businesses at a rate that is comparable with neighboring City contributions to Chambers. This includes an assessment with a consultant to identify short and long term Chamber goals, workshops with the City Council and Chamber, and discussions between City staff and Chamber staff.
These discussions have resulted in a scope of work that both entities believe are achievable and tailored to serve the needs of businesses such as the following, among other tasks:
Agenda Item: 13.C.
2 • Implement a business marketing initiative to promote Duarte businesses through social media engagements, advertising campaigns, ribbon cutting events, and collaborative partnerships with local organizations.
• Measure the pulse of the business community. Regularly reach out to City businesses to understand concerns and areas of need, and formally communicate this to staff on a routine basis.
• Host and/or coordinate workshops and trainings relevant to Duarte local businesses throughout the year.
• Work with regional partners to bring resources and training opportunities to local businesses.
Additionally, the Chamber and City have identified key outcomes to measure for FY 25-26.
Outcomes include the following:
• Establish a membership number target (10% increase for FY 25-26) • Number of interactions and types of inquiries with businesses • Number of Chamber members reserving available rooms and office space • Number and types of businesses promoted, and type(s) of promotion provided • Number and types of workshops/trainings hosted
• Number of events hosted and business turnout
To ensure outcomes are on track to being met, the Chamber will share monthly reports to staff that highlight the following:
• A monthly progress report of identified key outcomes
• Income and expense report
The Chamber will also present an annual report to the Council informing what key outcomes were met or have made progress during the fiscal year.
If approved, the Chamber will receive two installments of $36,800 at the beginning and second half of the fiscal year.
RECOMMENDATION
Staff recommends that the City Council approve the FY 2025-26 Services Agreement in the amount of $73,600 with the Duarte Chamber of Commerce through June 30, 2026.
FISCAL IMPACT
The Services Agreement is in the amount of $73,600. The appropriation of funds to account #1020- 7710 is included in the FY 2025-26 budget.
ATTACHMENTS
A. Chamber of Commerce Services Agreement
3 Fiscal Review: Reviewed and Approved:
Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF DUARTE AND THE DUARTE CHAMBER OF COMMERCE
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of July 1, 2025 (“Effective Date”), by and between the City of Duarte (“City”), and the Duarte Chamber of Commerce, a California corporation (hereinafter referred to as “Chamber”):
RECITALS
WHEREAS, the City and Chamber desire to work collaboratively in the support and promotion of the Duarte business community; and
WHEREAS, the City and Chamber agree that only by working collaboratively can they serve the needs of the business community, create an environment where business can succeed and prosper, and enable all members of the community to benefit from the results.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein and made a part hereof, and of the mutual promises and covenants hereinafter contains, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows:
SECTION 1. AGREEMENT TERM; COMPENSATION. This Agreement shall be effective for the period July 1, 2025, through June 30, 2026 (“Agreement Term”). The City shall pay the Chamber the sum of Seventy Three Thousand Six Hundred Dollars ($73,600) (“Compensation”), which shall be paid in two installments by June 30, 2026.
The Chamber shall place the Compensation set forth in Section 1 in a separate account from other Chamber revenues. This Compensation shall not utilize to pay for the cost of fabricating, producing, printing, mailing, or distributing any tangible items including Chamber publications, including, but not limited to, newspapers such as and including the Duarte View, newsletters, flyers, or any DVDs, CDs, or videotapes which would constitute a “mass mailing” under Government Code Section 18901 of the Regulations of the Fair Political Practices Commission of the State of California (2 C.C.R. § 18901).
SECTION 2. CHAMBER’S ROLE AND PURPOSE
The following additional terms are hereby agreed by Chamber and City:
A. That the Chamber is a non-profit business organization.
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B. That the Chamber is the voice and the advocate for its members and, as such, is charged with the responsibility of keeping its members informed and updated on issues that affect the business community.
C. That it is appropriate for the Chamber to speak on behalf of its members and advocate for the interests, desires, and concerns of its members.
D. That the Chamber will provide its members with a forum for the discussion of issues affecting the business community.
E. As an organization representing the business community, the Chamber is bound to bring to the attention of the City its organizational positions on issues of importance to its members.
F. That through discussion, led by a mutual desire to work harmoniously together, the City and the Chamber will endeavor to seek avenues for consensus and solutions to problems that negatively impact the local business community.
G. That despite the best efforts on the parts of the City and the Chamber, there will be times when the City and the Chamber may take adverse positions. The parties agree when the City and Chamber disagree on issues to do so with respect for differing opinions and positions.
H. The Chamber shall not endorse City Council candidates for election.
SECTION 3. SCOPE OF SERVICES.
The Chamber agrees to provide the following services listed in Exhibit A, which is incorporated herein. The Duarte City Manager shall have the authority to waive any program or services as they deem appropriate.
SECTION 4. TERMINATION.
This Agreement shall automatically expire upon conclusion of the Agreement Term. This Agreement may be earlier terminated by either party giving the other written notice of the desire to terminate the Agreement sixty (60) days prior to the intended date of termination; provided, however, that if the termination is due to a material breach by a party of the terms of this Agreement, and such breach remains uncured for a period of thirty (30) days after written notice is given to the party in breach, then the sixty (60) day period shall not apply and the termination may, at the discretion of the non-breaching party, be effective immediately upon delivery of written notice of termination to the breaching party following the described thirty (30) day cure period. In the event of termination, the Chamber shall be entitled to a pro-rata share of the unpaid and due Compensation earned to the earlier of (i) the date of termination or (ii) the date of uncured breach.
Subject to the foregoing, the rights, duties, and responsibilities of both the City and the Chamber under this Agreement shall continue until the date of termination.
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SECTION 5. CALIFORNIA LAW.
This Agreement shall be governed by the internal laws of the State of California without regard to principles of conflicts of law. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the parties hereto concerning this Agreement.
SECTION 6. LITIGATION MATTERS; ATTORNEYS’ FEES.
In addition to any other rights or remedies, either party may take legal action in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Chamber be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses.
Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Chamber shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.
SECTION 7. MANAGEMENT.
The City’s City Manager and Chamber’s President/CEO shall represent City and Chamber, respectively, in all matters pursuant to the administration of this agreement. The Chamber’s communications with the City shall be routed through the City Manager and authorized City staff.
SECTION 8. RECORDS.
Chamber shall provide the City with (i) a copy of its monthly financial report, which shall include at a minimum a balance sheet and an income/expenses statement, and (ii) a quarterly activity report.
SECTION 9. INDEMNITY.
Chamber shall indemnify, defend, and hold harmless the City from and against all damages and liability caused by the negligent actions or willful misconduct of the Chamber, or its officer, officials, employees, agents, or representatives acting in an official capacity with legal counsel approved by the City, and such approval shall not be unreasonably withheld. Chamber shall not be responsible for any damages or liability to the extent caused by the negligence or willful misconduct of the City, or any of its officers, officials, employees, agents, or representatives acting in an official capacity.
SECTION 10. INSURANCE.
Without limiting Chamber’s indemnification obligations as set forth in this Agreement, the Chamber shall procure and maintain, at its sole cost and expense, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial
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General Liability insurance written on a per occurrence basis in an amount not less than $1,000,000 per occurrence; (b) Business Auto Coverage written on a per accident basis in an amount not less than $1,000,000 per accident (if Chamber has owned or leased vehicles), and if Chamber’s employees use personal autos in connection with the performance of work under this Agreement, Chamber shall provide evidence of personal auto liability coverage for each such employee, and (c) if applicable, Worker’s Compensation insurance providing statutory benefits as required by California law. All of the insurance policies except the personal auto policies and Worker’s Compensation policies shall be endorsed to name City and its officers, officials, employees, agents, and representatives as additional insureds. No work or services under this Agreement shall commence until the Chamber has provided the city with Certificates of Insurance evidencing the above insurance coverages and said Certificates of Insurance are reasonably approved by the City.
Certificates are to reflect that the insurer will provide 30 days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or canceled for any reason, the Chamber shall, prior to the cancellation date, submit new evidence of insurance, in conformance with this Paragraph. Chamber agrees to provide immediate notice to City of any claim or loss against Chamber arising out of the work performed under this Agreement.
City assumes no obligation or liability by such notice but has the right to monitor the handling of any such claim or claims if they are likely to involve City.
SECTION 11. NO JOINT VENTURE; NO BENEFITS.
By this Agreement neither City nor Chamber are entering into a joint venture, or any other corporate or business entity, with the other. City and Chamber are and shall remain independent entities. No employee benefits shall be available to Chamber or any employee of Chamber in connection with the performance of this Agreement. Except for the City’s payment to Chamber as defined in this Agreement, City shall not pay salaries, wages, or other compensation to Chamber for performing services hereunder for City. City shall not be liable for compensation or indemnification to chamber for injury or sickness of any employee arising out of performing services hereunder.
SECTION 12. COVENANT AGAINST DISCRIMINATION.
Chamber covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
SECTION 13. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES.
No officer, official, employee, agent, representative, or volunteer of the City shall be personally liable to the Chamber, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Chamber or to its successor, or for breach of any obligation of the terms of this Agreement.
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2. SECTION 14. NOTICES.
Any notices which either party may desire to give or may be required to give to the other party under this Agreement must be in writing and may be given either by (a) personal service, or (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
If to City: City of Duarte
City Manager’s Office
1600 Huntington Drive
Duarte, California 91010
If to Chamber: Duarte Chamber of Commerce
PO Box 1438
Duarte, CA 91009
Attn: Chamber President
Notices are personally delivered or delivered by a delivery service shall be effective upon receipt.
Notices delivered by mail shall be effective on the next business day following deposit made the United Stated Postal System prior to 6:00 p.m. A “business day” is a day when Duarte City Hall is open for business to the general public.
SECTION 15. INTERPRETATIONS; ENTIRE AGREEMENT.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect.
SECTION 16. REPRESENTATIONS AND WARRANTIES.
The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
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SECTION 17. SEVERABILITY.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
IN WITNESS WHEREOF, the parties have executed this instrument to be effective as of the Effective Date.
[Signatures on following page.]
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CITY OF DUARTE
_________________________________
By: Brian Villalobos
Its: City Manager
Date: _____________________________
DUARTE CHAMBER OF COMMERCE
_________________________________
By: Greg Endelman
Its: Chamber President
Date: ______________________________
ATTEST
_________________________________
City Clerk
Date: _____________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
_________________________________
City Attorney, City of Duarte
Date: _____________________________
EXHIBIT A
SCOPE OF SERVICES
Task 1: General Services
A. Maintain regular office hours (Monday-Thursday, 9 AM - 4 PM) B. Welcome all new businesses to Duarte through in-person visits, telephone, email, letter correspondence, etc.
C. Field public inquiries and provide business resources and referrals, as needed. Responses must be provided within one business day.
D. Accommodate requests for correspondence and certifications including delegation letters and certificates of origin.
Task 2: Business Engagement and Promotion
A. Implement a business marketing initiative to promote Duarte businesses through social media engagement, advertising campaigns, ribbon cutting events and collaborative partnerships with local organizations.
B. Provide marketing and advertising support to assist local businesses with marketing efforts.
C. Publicize and promote business special events, community special events, promotion for members.
D. Expand Chamber member exposure through features of the DuarteChamber.com website including:
a. Regularly maintain and update Chamber website including business directory information, news, and events.
b. Domain and email address for Chamber members who do not have one c. The ability to post and update Chamber members’ specials, menus, coupons, etc. d. Have a page available for links to businesses that are posting employment opportunities.
E. Host at least three public events each year to attract visitors and residents to Duarte businesses.
F. Continue to reach out to businesses in Duarte to determine effective services and identify areas of improvement.
Task 4: Business Advocate
A. Act as an ombudsman for local businesses. Communicate concerns and inquiries to the City
B. Provide assistance to prospective/ existing businesses and the City of Duarte.
Communicate and market the service through Chamber communications tools.
C. Sponsor and/or promote important Federal, State, and County compliance workshops and seminars.
D. Provide legislative and government affairs updates to Duarte businesses.
Task 5: Seminars and Forums
A. Work with City and regional community partners to identify and collaborate on programs, events, and seminars that benefit Duarte businesses such as SBA workshops, SBDC Resources, SCORE counseling, and new or existing regulations or ordinances.
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B. Host a regular forum for policymakers and regional leaders to hear from local business and community leaders to exchange information to support the city of Duarte.
C. Partner with and promote training resources from partner organizations to serve the business community and workforce development of Duarte.
D. Actively participate in the San Gabriel Valley Economic Partnership and neighboring Chambers to collaborate on events.
Task 6: Reporting
A. Submit a monthly report to the City Manager and/or designee that includes the following a. Progress made toward accomplishing identified performance b. Income and expense report.
B. Prepare and present an annual progress report to the City Council before the end of the fiscal year including but not limited to the following:
a. Membership number target
b. Number of interactions and types of inquiries with businesses c. Number of Chamber members reserving available rooms and office space d. Number of types of businesses promoted, and type(s) of promotion provided e. Number and types of workshops/trainings hosted
f. Events hosted and member turnout