Resolution No.
I, Maychelle Yee, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Monterey Park at a regular meeting held on the 16 th day of October,
2024, by the following vote:
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members
Dated this 16
th day of October, 2024.
___________________________
Maychelle Yee, City Clerk
Monterey Park, California
Staff Report
October 16, 2024
City Council Staff Report
DATE: Octo
ber 16, 2024
AGENDA ITEM NO:
TO: The Hon
orable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Consideration and possible action to waive second reading of and adopt an Ordinance amending Section 105.3.2 to the Administrative Provisions of the California Building Codes governing time limitations for building permit applications
RECOMMENDATION:
It is recommended that the City Council consider:
1. Waiving the second reading and adopting the proposed ordinance; and
2. Taking such additional, related, action that may be desirable.
EXECUTI
VE SUMMARY:
The Ordinance w as introduced and received first reading at the October 2, 2024 City Council meeting. The original staff report (from October 2, 2024) is attached for reference.
Second reading and adoption of these Ordinances is recommended. If adopted, the ordinance will take effect in 30 days.
Respectfully submitted and prepared
by:
Submitted by:
Jessica Serrano
Director of Community
Development
Dennis Tarango
Building Official
Consent Calendar -3D
Staff Report
October 16, 2024
Approved by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:
1. Ordinance No. _____ amending the Monterey Park Municipal Code, Title 16 Buildings and Construction, § 16.01.040 Administrative Provisions regarding time limits that
apply to applications
2. City Council Staff Report, dated October 2, 2024 (without attachments)
Staff Report
October 16, 2024
ATTACHMENT 1
Ordinance
ORDINANCE NO. ____
AN ORDINANCE AMENDING SECTION 105.3.2 OF THE
ADMINISTRATIVE PROVISIONS OF THE CALIFORNIA BUILDING CODE
AS CODIFIED IN MONTEREY PARK MUNICIPAL CODE SECTION
16.01.040 GOVERNING THE TIME DURING WHICH A BUILDING PERMIT APPLICATION IS VALID.
The City Council for the City of Monterey Park does ordain as follows:
SECTION 1: Section 105.3.2 to the Administrative Provisions of the California Building Standards Code, as codified in MPMC § 16.01.040, is amended in its entirety to read as follows:
“105.3.2 Expiration of Plan Check Applications. Except as provided in this Section, plan check applications expire 12 calendar months after being filed. After a plan check application expires, a new application must be filed.
Applications are not complete unless accompanied with full payment of fees established by city council resolution.
Upon the written request of the applicant, and upon good cause shown, the Building Official(s) may grant up to two separate extensions for a plan check application. A request for a time extension must be filed not later than 15 calendar days before the application expires and be accompanied with payment of fees established by city council resolution. For each request, the Building Official(s) may extend the expiration date for a plan check application up to 180 days. Under all circumstances a plan check application expires 24 months after being filed.
The Building Official(s) must issue a building permit within 12 calendar months after a plan check application is filed or within the extended time granted by the Building Official(s) in accordance with this Section. After 24 months, a new application for a building permit must be filed in accordance with this code.”
SECTION 2: Retroactivity. The City Council recognizes that California law, including, without limitation, Melton v. City of San Pablo (1967) 252 Cal.App.2d 794 and In re Cindy B. v. Eugene B. (1987) 192 Cal.App.3d 771, allows ordinances to be retroactively applied when the legislative intent for such retroactivity is clear. The City Council intends that this Ordinance retroactively apply to pending building permit applications as follows:
A. For building permit applications filed before January 1, 2024, a building permit must be obtained not later than December 31, 2024. Notwithstanding the MPMC, as it existed before or after this Ordinance, if a building permit is not obtained by December 31, 2024, the application will expire for all purposes and may not be extended. A new application must then be filed in accordance with the MPMC.
B. For building permit applications filed after January 1, 2024, Section 105.3.2 as amended by this Ordinance governs the time limitations, i.e., the initial term of 12 months will extend from the date of the application (even if it was filed before the effective date of this Ordinance) and may be extended twice.
SECTION 3: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 4: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 5: Enforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6: Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the MPMC or other city ordinance by this Ordinance will be rendered void and cause such previous MPMC provision or other the ci ty ordinance to remain in full force and effect for all purposes.
SECTION 7: Environmental Assessment. The City Council finds that adoption of this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “State CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of construction-related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor, and therefore does not have the potential to cause significant effects on the environment. In addition, this ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.
SECTION 8: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 9: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and,
within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10: Effective Date. This Ordinance will become effective 30 days after adoption.
SECTION 11: Filing with Building Standards Commission. The City Clerk must file a certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monterey Park, held on the ____ day of ______, 2024.
Thomas Wong, Mayor
ATTEST:
______________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger, City Attorney
Staff Report
October 16, 2024
ATTACHMENT 2
City Council Staff Report, dated
October 2, 2024 (without attachments)
City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Community Development Director
SUBJECT: Consideration and possible action to introduce and waive first reading of an Ordinance amending Section 105.3.2 to the Administrative Provisions of the California Building Codes governing time limitations for building permit applications.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Introducing and waiving first reading for an Ordinance amending Section 105.3.2 to the Administrative Provisions of the California Building Standard s Code (as codified at Monterey Park Municipal Code § 16.01.040); and
2. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), 15378, and 15308 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, activities that do not constitute a “project” as defined, and actions to protect the environment, respectively. This activity is for general policies and procedure-making that applies to building applications. Any subsequent construction or development will be evaluated separately under the CEQA Guidelines.
Accordingly, this Ordinance is exempt from further CEQA review.
EXECUTIVE SUMMARY:
On November 16, 2022, the City Council adopted the 2022 California Building Standards Code (“CBSC”) that became effective on January 1, 2023. California law allows local governments to amend the CBSC for administrative reasons. Monterey Park Municipal Code (“MPMC”) Title 16, entitled Buildings and Construction, includes § 16.01.040 which codifies administrative sections of the CBSC including, without limitation, Section 105.3.2 which governs the time during which building permit applications are valid.
New Business - 5A
Staff Report
October 2, 2024
The draft Ordinance proposes to amend these time limits. This is intended to encourage applicant responsiveness during the plan check process and ensure permits are secured within two years from the application date, including extensions.
BACKGROUND:
Every three years, the State of California adopts new uniform codes that regulate construction and apply to all jurisdictions within California. These are codified in Title 24 of the Code of California Regulations and are commonly referred to as “uniform codes” which includes the CBSC.
CBSC Section 105.3.2 is a part of MPMC § 16.01.040. It governs the time during which an application for a building permit remains valid. Section 23 of Ordinance No. 2224 (which adopted the 2022 CBSC) provides that building permit applications (including building plans) filed before January 1, 2023 would be processed under the 2019 CBSC if a building permit were obtained by April 1, 2023. This Section was intended to ensure all pending applications would either obtain a building permit issued pursuant to the 2019 CBSC or expire by April 1, 2023. When applications expired, any subsequent application would comply with the 2022 CBSC. The City’s permitting software (Accela), however, was never updated to reflect this change.
Accela was originally programmed in 2013 to track permit applications and provide automated updates to applicants regarding the status of those applications. The current programming, based upon the existing language of CBSC Section 105.3.2, allows a permit application to remain valid for 180 days after each submittal by an applicant, i.e., it automatically renews the application if an applicant submits plans or other documents needed for a building permit.
Proposed Ordinance
To ensure that the intent of Ordinance No. 2224 is implemented, the draft Ordinance would amend Section 105.3.2 to make it plain that applicants seeking a building permit must secure it within a total of 24 months (an initial one -year review period with the Building Official being able to extend the validity for up to an additional 12 months for good cause) or refile an application.
To clean up the log of all pending applications, the draft Ordinance provides the following:
• For all active applications processed before January 1, 2024, applicants must obtain building permits by December 31, 2024 (this affects 36 applications). The oldest pending application was filed January 3, 2023.
• For all active applications processed on or after January 1, 2024, the 12 -month time limit, with the possibility of two extensions up to 12 months would apply retroactively (this affects 181 applications).
Staff Report
October 2, 2024
This amendment is intended to increase applicant responsiveness during the plan check process and ensure permits are secured within a total of 24 months from the application date, including extensions. Additional changes to the City’s permitting system, Accela, will ensure that this amendment is properly implemented.
2024-25 STRATEGIC PLAN GOAL:
The proposed Ordinance meets the 2024-25 Strategic Plan Goal to “Strengthen our local economy and enhance housing opportunities” by enhancing the effectiveness of the City’s building application process that facilitates construction projects that positively contribute to the beautification and economic growth of the City.
FISCAL IMPACT:
There are no identifiable fiscal impacts associated with adopting the Ordinance (other than administrative costs associated with codifying the Ordinance and reprogramming Accela).
Respectfully submitted by: Prepared by:
Jessica Serrano
Director of Community
Development
Dennis Tarango
Building Official
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Ordinance No. _____ amending the Monterey Park Municipal Code, Title 16 Buildings and Construction, § 16.01.040 Administrative Provisions regarding time limits that apply to applications
2. Notice of Exemption
City Council Staff Report
DATE: October 16, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Chris Thompson, Fire Chief
SUBJECT: Fire Department Uniform and Turnout Gear Purchase – Approval of Agreement
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute an agreement with Municipal Emergency Services, Inc. , in a form approved by the City Attorney , to purchase Fire Department uniforms and turnout gear in an amount not to exceed $596,000; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Fire Chief (“Chief”) released a request for proposals for the purchase of fire personnel uniforms, solicited vendors for turnout gear and found that only one vendor provides turnout gear that meets the City’s requirements. Accordingly, the Chief recommends that the City Council award a contract to Municipal Emergency Services, Inc. (“MES”), the lowest responsible bidder and sole source vendor, for the purchase of both department uniforms and turnout gear.
BACKGROUND:
Pursuant to Memoranda of Understanding (“MOU”) between the City of Monterey Park (“City”) and its various bargaining groups, each fiscal year fire personnel may obtain new uniforms, and are provided a uniform allowance to purchase new uniforms (as outlined in the particular bargaining group ’s MOU). The uniforms worn by Firefighter s, Reserve Firefighters and Fire Explorers are made of a fire-resistant material called “Nomex.” This material has excellent thermal, chemical, and radiation resistance. It is best known as a barrier to fire and heat.
On Monday, September 9, 2024, t he Chief posted on the City website and released a request for proposals to supply personnel uniforms pursuant to Monterey Park Municipal Code (“MPMC”) chapter 3.20 (the “RFP”). (Attachment No. 1) . On or before the RFP’s close on Monday, September 30, 2024 at 11:00 a.m., the Chief received proposals from four vendors : Galls, LLC ; Uniform Warehouse , Inc. ; MES; and Sinatra Uniform, Inc . (Attachment No.s 2-5). A summary of each vendor’s proposal is provided below:
Consent Calendar - 3E
Staff Report
October 16, 2024
VENDOR Galls, LLC MES Uniform
Warehouse,
Inc.
Sinatra
Uniform, Inc.
COST $2,077.00 $1,811.94 $1,974.70 $2,494.49
In the RFP, each vendor was asked to submit individual pricing on a variety of uniform items that the Fire Department staff have historically purchased. The items ranged from workout t-shirts, hat with the Department logo, uniform pants, uniform shirt, and other uniform related items. Upon completion of a competitive bidding process for department uniforms, MES provided the lowest proposal for the sample set of items . The Fire Department is familiar with MES as it has provided turnout gear to the City for over eight years, with its most recent contract expiring at the end of the last fiscal year.
Firefighters are also required to have turnout gear, which is an important part of their personal protective equipment (“PPE”), consisting of a jacket, pants and suspenders.
Turnout gear is specifically designed to protect from heat, flames and other hazar ds of firefighting. It is made up of three layers: an outer shell, a moisture barrier and a thermal liner. It is important that turnout gear is regularly maintained and replaced to provide adequate protection. The RFP did not address turnout gear because t he Fire Chief solicited vendors and found that MES is the only vendor that provides turnout gear that meets the City’s requirements. Specifically, the Department uses turnout gear that does not contain perfluoroalkyl or polyfluoroalkyl substances (“PFAS”) . Accordingly, the Chief recommends that the City Council exempt the purchase of MES’ turnout gear from competitive bidding requirements as it is a sole source vendor, pursuant to MPMC section
3.20.050(2).
The Department is satisfied with the purchase and quality of turnout gear and MES’ customer service. MES historically provided exemplary customer service, quick fulfillment of orders, and it has a location in Santa Fe Springs, making it convenient for City personnel to get fitted in-person.
The Chief recommends entering into a multi-year contract with MES in an amount not to exceed $149,000.00 per fiscal year for the current Fiscal Year 2024-25 and the next three fiscal years, unless otherwise terminated. Department uniforms typically cost about $70,000 annually. This includes approximately $60,000 for staff members and $10,000 for Reserves and Explorers . Department turnout gear typically costs $79,000 annually, which includes about 15 sets of new turnout gear, with each set costing around $5,000.
The purchase of department uniforms and turnout gear combined annually is $149,000.
FISCAL IMPACT:
Funding for these purchases have been budgeted in the FY 2024-25 Fire Department budget for year one of the contract. Future-year costs would be budgeted as part of the annual budget process.
Staff Report
October 16, 2024
Respectfully submitted by: Prepared by:
Chris Thompson
Fire Chief
Rebecca Bojorquez
Principal Management Analyst
Reviewed by:
__________________________________
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT:
1. Notice Inviting Bids
2. GALLS Bid
3. MES Bid
4. Uniform Warehouse Bid
5. Sinatra Uniform Bid
Staff Report
October 16, 2024
ATTACHMENT 1
Notice Inviting Bids
REQUEST FOR PROPOSALS
Sealed proposals must be received by 11:00 a.m. on Monday, September 30, 2024, by the City Clerk’s Office Attn: 2024FD-04 f o r t h e C i t y o f M o n t e r e y P a r k , 3 2 0 W . N e w m a r k A v e , Monterey Park, CA 91754, for firefighter and fire department uniforms.
Packets maybe obtained from the City Clerk’s Office or by Federal Express. Call Rebecca Bojorquez at (626) 307 -1272, for delivery via Federal Express . Have your Federal Express account number available. Please refer to specifications for complete details and bid requirements.
The specifications in this notice are a part of any contract awarded in accordance with this R F P.
Monterey Park Fire Department
(626) 307-1263
CITY OF MONTEREY PARK
REQUEST FOR PROPOSAL
PROPOSAL #2024FD-04
PROPOSALS ARE DUE NO LATER THAN 11:00 A.M. ON MONDAY, SEPTEMBER 30, 2024
The City of Monterey Park invites sealed proposals for: firefighter and fire department uniforms.
The City of Monterey Park is seeking proposals from qualified firms to provide firefighter and fire department uniforms.
1. Return original proposal to:
City of Monterey Park
City Clerk Office
Attn: Fire Department RFP 2024FD-04
320 W. Newmark Avenue
Monterey Park, CA 91754
2. Proposer must honor proposal prices for (60) days.
3. Proposals must include this Proposal form and be signed by the vendor’s authorized representative/
4. Award of a contract will be made by the City Council based upon the criteria set forth in this RFP and will be made based upon the best qualified proposer rather than the lowest price.
PROPOSER TO READ
I have read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.
____________________________________ ________________________________ Company Address
____________________________________ _________________________________ Name (Print) Signature
____________________________________ _________________________________ Company Phone No. Title of Person Signing Bid
PROPOSAL INSTRUCTIONS
1. S ubmitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording “Proposal, ” proposal number and closing date marked on the outside; (b) Proposals/corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record.
2. A
lternatives. Any changes or alternatives must be set forth in a letter attached to this proposal. The City has the option of accepting or rejecting any alternative proposal.
3. C urrency. All references to dollar amounts in this solicitation and in vendor’s response refer to United States currency.
4. P reparation. All proposals must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal.
5. R
ejection. The City may reject any or all proposals and waive irregularity in any proposal.
6. D efault. In case of default by the vendor of any of the conditions of this proposal or contract resulting from this proposal, the vendor agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made.
7. A
ssignment. No assignment by the vendor of contract or any party hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.
8. S
ubcontractors. The Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.
9. I
ndemnification. The extent of a successful contractor’s obligation to indemnify and defend the City is set forth in the sample contract attached to this RFP .
10. Bonds. When deemed necessary by the City, bid bonds must be furnished by all proposers in the amount of at least 10% of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. Likewise, a Performance Bond must be required of the successful proposer when stated in the specification (cash deposit, certified or cashier’s check or money order may be submitted in lieu of either bond).
11. I
nsurance. This is a contract involving services and the city requires insurance.
Insurance must be primary insurance and must name the City of Monterey Park as an additional insured. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $2,000,000, automative in the amount varies, worker’s compensation in accordance with California law and Pollution Liability or Errors & Omissions of varies policy aggregate. Specific insurance requirements are set forth in the same contract. BIDDERS MUST SIGN AND RETURN EXHIBIT B, INSURANCE REQUIREMENTS, WITH THEIR PROPOSAL.
12. P
roposal Rejection. The City may reject the proposal of any proposer who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses, or other monies due to the City of Monterey Park.
13. C
ontract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract.
14. P roposal Questions. Questions should be forwarded to:
[email protected] w ith an email subject that includes “RFP2024FD-04” . The last day for questions will be the Wednesday before proposals are due.
CONTRACT SA MPLE
The successful bidder will be required to enter into the sample contract that is attached as Exhibit C.
STATEMENT OF WORK AND FORMAT
The City of Monterey Park (City) requires proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposal the words “Bidder, ” “Contractor, ” and “Consultant” are used interchangeably/
1. Pu rpose: Procurement of firefighter and fire department uniforms
2. P roposal Schedule: The following is a tentative schedule of events:
Bid Close Date: 11: 00 a.m. on Monday, September 30, 2024
Proposal Requirements
Three copies of the proposal must be received by the City of Monterey Park, 320 W.
Newmark Ave, Monterey Park, CA 91754, City Clerk’s Office ATTN: Fire Dept RFP2024FD-04, no later than 11:00 a.m. on Monday, September 30, 2024.
Evaluation of Proposals
The proposal will be evaluated by City staff after 11:00 a.m. on Monday, September 30, 2024. Proposals will be evaluated based on the following qualifications criteria:
1. Contractor’s understanding of scope of work.
2. Contractor’s approach to performing the tasks defined in the Scope of Work.
3. Capability of firm and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization.
Recommendation to City Council for Contract Award
Interviews of the top firms may be required. The successful contractor will be selected by the City Council based upon the criteria set forth above and the City’s sole discretion. The Council is under no obligation to contract with any applicant.
3. Introduction/Background
The City of Monterey Park budget includes a budget line item for unforms. In accordance with the Memorandum of Understanding between the City of Monterey Park and the Firefighters Association, the firefighters are entitled new uniform
purchases each fiscal year. In addition, in accordance with following three Memorandum of Understanding between the City of Monterey Park and the Monterey Park Professional Chief Officers’ Association, the Monterey Park Mid- Management Association, and the Monterey Park Service Employees’ International Union, fire department staff are entitled new uniform purchases each year.
In preparation for the upcoming year, staff is soliciting bids for the purchase of firefighter and fire department uniforms and accessories.
The uniform worn by Firefighters and Reserve Firefighters are made of a fire- resistant material called “Nomex” as a barrier to fire and heat.
4. Objective(s)/Work Products: Refer to the terms of the Agreement included as Exhibit C.
5. Wo rk Statement: Refer to the terms of the Agreement included as Exhibit C.
6. Required Qualifications
A) Uniform fitting appointments at the City of Monterey Park Fire Department, including at least one fitting and makeup session per work shift.
B) Timely delivery of uniforms and accessories per order.
C) Advance notice of any backorder and/or changes in price and tax D) Accurate delivery of all items. Packing slip/receipt and copy of order/invoice must be submitted per order
E) Invoice must show item #, description, quantity and price.
F) Vendor representative available during business hours to provide customer service by email, phone, and in-person if needed.
7. T
ime Schedule: The initial term of this agreement is approximately July 1, 2024
8. R
esponse Submittal Requirements
(a) C ONTENTS OF PROPOSAL
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation.
FORMAT:
Each proposal must be submitted in two parts:
Part I must be related to the Technical Proposal
Part II must be related to the Cost Proposal
PART I – TECHNICAL PROPOSAL
Cover Letter – Must5 include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm,
Table of Contents – Clearly identify material contained in the proposal by section and page number.
Introduction (Section 1) – Contents to be determined by contractor
Objective, Scope, Nature of Proposed Program (Section 2) – D escribe the overall
approach to the objective and scope of work to be performed by the contractor.
Work Program (Section 3) – D escribe the work or tasks to be performed.
Methodology (Section 4) – D escribe the methodology and techniques to be employed.
Contractor Capability and References (Section 5) – P
rovide a summer of the
firm’s relevant background experience. Discuss the applicability of such experience to this RFP . Include examples of projects completed for other similar agencies that are of a similar nature and a contact person for each of those clients.
Alternative Proposals (Section 6) – P rovide statements of alternative proposals, if any, labeled “Alternative Proposal Number One, Alternative Proposal Number Two, ” etc. The format of each alternative proposal submitted may be abbreviated to address just the following:
a) W
ork Program
b) Methodology
c) Assigned Personnel
Conflict of I nterest (Section 7) – Address possible conflict of interest with other clients affected by actions performed by the firm on behalf of the City. Although the bidder will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.
PART II – COST PROPOSAL
N ame and Address
The Cost Proposal must list the name and complete address of the bidder in the upper, left-hand corner.
Cost Proposal
The Cost/Price format for the proposal must be outlined in the Exhibit A.
Total cost must be clearly indicated at the end of the Cost Proposal and entered on the first page of the proposal.
Costs must include any customization charges and/or delivery charges.
Costs must be itemized per the agreement for services.
(b) P ROPOSAL SUBMISSION
All proposals must be submitted according to the specifications set forth in Section 8 (a) – Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal.
I. S ignature. An authorized representative of the bidder MUST sign all propoals.
II. D ue Date. The proposer must submit THREE (3) complete copies of the proposal in a sealed envelope, plainly marked in the upper, left-hand corner with the name and address of the bidder and the words “RFP2024FD-04. ” All proposals must be received before 11:00 a.m. on September 30, 2024, and should be directed to:
City of Monterey Park
City Clerk’s Office, Attn: Fire Dept. RFP2024FD-04
320 W. Newmark Avenue
Monterey Park, CA 91754
Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.
III. A ddenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period of September 9, 2024 to September 26, 2024.
IV. Rejection. A proposal may be deemed nonresponsive and may be immediately rejected if:
-It is received at any time after the exact date and time set for receipt of pr
oposals and/or;
-It is not prepared in the format prescribed and/or;
-It is signed by an individual not authorized to represent the firm.
V. D isposition of Proposals. The City reserves the right to reject any or all proposals. All responses become the property of the City. One copy of the proposal must be retained for City files. Additional copies of materials will be returned only if requested and at the bidder's expense.
VI. P
roposal of Changes. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of sixty (60) days after the last day to accept proposals.
P
roposals will be evaluated on the following criteria:
1. Contractor’s understanding of scope of work.
2. Contractor’s approach to performing the tasks defined in the Scope of Work.
3. Capability of firm and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization.
During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break, for clarification purposes only. No new material will be permitted at this time.
Services Agreement
CONTRACTOR: DATE MAILED:
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the Ci ty of Monterey Park. Only those items checked- off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its elected and appointed officials, employees and volunteers as “additional insureds” under said insurance coverage and to st ate that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 up to $5,000,000+ per occurrence. $2,000,000
per occurrence or; $_________________ per occurrence Auto Liability, including owned, non-owned and hired vehicles with at least $500,000 up to $1,000,000+. $500,000 per occurrence or; $1,000,000 per occurrence or; $_________________ per occurrence Workers’ Compensation Insurance: as required by State Statutes. (Not needed if Self -employed with no employees and CONTRACTOR signs statement to this effect.)
Errors & Omissions or Malpractice or Professional Liability: depending on type of contract/service. At least $500,000 up to $2,000,000+ per occurrence.
$500,000 per occurrence or; $1,000,000 per occurrence or; $_________________ per occurrence Business License: The CONTRACTOR shall agree to have a current City of Monterey Park license on file at City Hall or purchase said license (at no cost to the City).
Permits: Plans must be approved and permit(s) issued by the respective Department if appropriate. Building, Planning, Public Works, etc Exhibits - Scope of Work as Exhibit "A" and Budget as Exhibit "B" See Insuranc
e Matrix Resolution No. 11750 for applicable coverage
PLEAS
E NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
Submitted by (complete all blanks): COLOR COPY REQUIRED BACK TO THE CITY Company Name: By (Print name & title):
Company Street Address: Vendor’s Authorized Signature required:
City, State, Zip: Date signed:
Phone: Agreement Date & Expiration Date:
Services Rendered: Agreement Amount
Originator/Department Contact: Date initiated:
Department Head Review: City Manager Approval :
Services Agreement (2).doc 11/21/2017
City Attorney Approval: _____________________________________ Exhibit A
1.GENERALLY. The materials, supplies, or services (collectively, “Purchase”) covered by this purchase order (“order”) must be furnished by Seller subject to all the terms and conditions contained in this order which Seller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller’s performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part. Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City’s acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable adjustment in the price or delivery or both must be made. No change by Seller is allowed without City’s written approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
4. TERMINATION. City may terminate this order at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in City’s sole determination, Seller was delayed because of causes beyond Seller’s control and without Seller’s fault or negligence. In the event delay was caused by City, Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
6.REMEDIES CUMULATIVE. City’s rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
8.PAY MENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance, except for such loss or damage arising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survi ve termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
12.INSURANCE. Seller must provide the insurance indicated on the face sheet of this order.
13.PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed. Seller will be free to contr act for similar service to be performed for other employers while under contract with City.
Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only.
15.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character.
16.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
EXHIBIT B
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance L imits
Commercial general liability: $ 2 million
Professional liability $____
Business automobile liability $ 0
Workers compensation Statutory requirement.
Commercial general liability insurance must meet or exceed the requirements of the most recent ISO-CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Professional liability coverage must be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Cons ultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this form may render the bidder’s proposal “nonresponsive.”
__________________ ____________________________
Date Bidder
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
VENDOR NAME:
_______________
ITEM DESCRIPTION
VENDOR PRICE
1) Nomex Trouser "A" Cut, sizes 28 - 42 - Midnight Navy 2) Nomex Trouser "A" Cut sizes 44 - 60 - Midnight Navy
3) Nomex Trouser "B" Cut sizes 28 - 42 - Midnight Navy
4) Nomex Trouser "B" Cut sizes 44 - 60 - Midnight Navy
5)
Embroider Last Name in Silver 1665 on Right Chest 1/2" Military Block, All Caps; sew shoulder patch on left shoulder 1" below shoulder seam 6) Nomex Long Sleeve Shirt Sizes: 34 - 50 - Midnight
7) Nomex Long Sleeve Shirt Sizes 52 - 62
8)
Embroider Last Name in Silver 1886 on Right Chest 1/2" Military Block, All caps
9) Midnight Nomex short sleeve size 34 - 50
10 ) Midnight Nomex short sleeve shirt size 52 - 62
11 )
Embroider Last Name in silver 1886 on right chest, 1/2" military block, all caps.
The City of Monterey Park is soliciting quotes on the following items to prepare a purchase order and service agreement for the year with one or more vendors. These items are a random sampling of common items purchased by the Fire Department during the course of the year.
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
VENDOR NAME:
_______________
ITEM DESCRIPTION
VENDOR PRICE
12 ) V Flex Cotton Twill Ball Cap
13 ) Champion Shorts with Pockets - Size XL
14 ) Champion Shorts with Pockets - Size 2X
15 ) Champion Shorts Screen Logo on thigh, left leg
16 ) Gildan Ultra Cotton S/S T-shirt, Size Small - XL; Color: Black or Navy 17 ) Gildan Ultra Cotton S/S T-shirt, 2XL - 4XL; Color: Black or Navy 18 )
Gildan Ultra Cotton S/S T-shirt screen, left chest with 3 line logo - Color:
White
19 )
Gildan Ultra Cotton S/S T-shirt Screen back of T-shirt with 3 line logo - Color: White
20 ) Gildan Ultra Cotton L/S T-Shirt, Color: Black or Navy, Size Small - XL 21 ) Gildan Ultra Cotton L/S T-Shirt, Color Black or Navy, Size 2X - 4X 22 )
Gildan Ultra Cotton L/S T-Shirt Screen left chest with 3 line logo - Color:
White
23 ) Gildan Crewneck Sweatshirt - Color Black or Navy Size Small - XL 24 ) Gildan Crewneck Sweatshirt - Color Black or Navy Size 2X - 4X
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
VENDOR NAME:
_______________
ITEM DESCRIPTION
VENDOR PRICE
25 ) Screen left chest with 3 line logo - Color: White
26 ) Screen back of T-shirt with 3 line logo - Color: White 27 ) Job Shirt - 5.11 - Color: Black or Navy, Size Small - 2X 28 ) Job Shirt - 5.11 - Color: Black or Navy, Size 3X
29 )
Embroider 1st Initial Last Name in White on Right Chest, 1/2" Military Block, All Caps
30 ) Embroider left chest with 3 line logo in white
31 )
FLYING CROSS MEN'S POLYESTER COTTON TROUSERS WITH FLEX
WAISTBAND
32 ) FECHHEIMER MENS POLY COTTON TWILL PANTS
33 )
FLYING CROSS MEN'S POLY COTTON SHORT SLEEVE SHIRT (Shirts: (with badge tabs, zipper, remove epaulette)
34 )
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE SHORT-SLEEVE SHIRT (Shirts: (with badge tabs, zipper, remove epaulette)
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
VENDOR NAME:
_______________
ITEM DESCRIPTION
VENDOR PRICE
35 ) FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE LONG-SLEEVE SHIRT 36 ) THOROGOOD 6" DEUCE SIDE ZIP WATERPROOF BOOT
37 ) Boston Leather 1 1/2" Leather Garrison Belt
38 ) THREE SEASON JACKET
39 ) FLYING CROSS LAYERTECH SOFT-SHELL JACKET
40 ) 5.11 TACTICAL MEN'S SNAG-FREE PERFORMANCE SHORT SLEEVE POLO 41 ) 5.11 Tactical Polo shirt 71049-724, Material- 100% Polyester 42 ) 5.11 Tactical Pants 74273-724, Material- 65% Polyester & 35% Cotton 43 ) 5.11 Tactical Belt 59409 Material- Nylon webbing
Staff Report
October 16, 2024
ATTACHMENT 2
Galls Bid
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
Galls, LLC
1 340 Russell Cave Road
Lexington, KY 40505
1 2
3 4
5 7
8 5
9 10
relow:d separately as stated
st Name
der Patch
Services will be invoicr
57.00 for Embroider L
q? oo for Sew on Shor
Srso.oo
S7.oo
Srro.oo
Sr+s.oo
s7.oo
Srsz.oo
S162.oo
s136.00
S186.oo
s10.00
s140.00
VENDOR NAME:
Galls, LLC
Nomex Long Sleeve Shirt Sizes 52 - 62
Embroider Last Name in Silver 1886 on Right Chest 1/2" Military Block, Nomex short sleeve size 34 - 50Mid
Midnieht Nomex short sleeve shirt size 52 - 62
Embroider Last Name in silver 1886 on right chest, 1/2" military block, all caps.
Nomex Trouser "A" Cut, sizes 28 - 42 - Midnight Naw
Nomex Trouser "A" Cut sizes 44 - 60 - Midnight Navy
Nomex Trouser "8" Cut sizes 28 - 42 - Midnight Navy
Nomex Trouser "8" Cut sizes 44 - 60 -
Embroider Last Name in Silver 1665 on Right Chest 1/2" Military Block, All h on left shoulder 1" below shoulder seamsew shoulder
Nomex Long Sleeve Shirt Sizes: 34 - 50 - Midnight
Ttre City of Monterry Park is sollclting quotes on the foltowlng items to prepare a purchase oder and seMce agreerient for the year wlth one or more vendors. These items are a random sampllrg of comrnon ltems purchased by the Fire Department during the cource of the year. 11
Galls, LLC
1340 Russell Cave Road
Lexington, KY 40505
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-O4
EXHIBIT A
L2
13 L4
15 16
!7
18 19
20 2r
22 23
24) S22.oo
S10.oo
5g.oo
Sro.oo
s10.00
s14.00
Sg.oo
Srg.oo
VENDOR NAME
Galls, LLC
Su.oo
s1s.oo
s1s.00
59.oo
5s.oo
Gildan Crewneck Sweatshirt - Color Black or Navy Size Small - XL Gildan Crewneck Sweatshirt - Color Black or Navy Size 2X - 4X Gildan Ultra Cotton S/S T-shirt, 2XL - 4XL; Color: Black or Navy Gildan Ultra Cotton S/S T-shirt screen, left chest with 3 line logo - Color:
White
Gildan Ultra Cotton S/S T-shirt Screen back of T-shirt with 3 line logo - Color: White
Gildan Ultra Cotton L/S T-Shirt, Color: Black or Navy, Size Small - XL Size 2X - 4XColor Black or NGildan Ultra Cotton
Gildan Ultra Cotton Us T-Shirt Screen left chest with 3 line logo - Color:
White
V Flex Cotton Twill Ball Cap
Champion Shorts with Pockets - Size XL
Champion Shorts with Pockets - Size 2X
Champion Shorts Screen Logo on thigh, left leg
Gildan Ultra Cotton S/S T-shirt, Size Small - XL; Color: Black or Navy Page2of 4
GaIIs, LLC
1340 Russell Cave Road
Lexington, KY 40505
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-O4
25 26
27 2a
29 30)
31 )
32 33
EXHIBITA
ler from manufacturer
ts sf,areo oerow;
S10.oo
rt comes with Zi
Sro.oo
rt comes without
)nlrt an(] Setvlces wlll
Shirt: 562.00
Badge Tab Applicatiot
Epaulet Removal: S9.(
Shirt and services will
Shirt: 590.00
Badge Tab Applicatiot
lnsrall Tinner S1O.O0 {
Ssz.oo
S6s.oo
s7.oo
Sro.oo
Sos.oo
s64.oo
$81.00
s110.00
VENDOR NAME:
Galls. LLC
ss.oo
Srs.oo
Embroider left chest with 3 line logo in white
FLYING CROSS MEN'S POLYESTER COTTON TROUSERS WITH FLEX
WAISTBAND
FECHHEIMER MENS POLY COTTON TWILL PANTS
FLYING CROSS MEN'S POLY COTTON SHORT SLEEVE SHIRT (Shirts: (with badee tabs, zipper, remove epaulette)
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE SHORT-SLEEVE SHIRT (Shirts: (with badge tabs, zipper, remove epaulette)
Screen left chest with 3 line logo - Color: White
Screen back of T-shirt with 3 line logo - Color: White
Job Shirt - 5.11 - Color: Black or Navy, Size Small - 2X Job Shirt - 5.11 - Color: Black or Navy, Size 3X
Embroider lst lnitial Last Name in White on Right Chest, U2" Military Block, All Caps
34
Galls, LLC
1340 Russell Cave Road
Lexington, KY 40505
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
3s)
36)
37)
38 39
40 47
42)
43 EXHIBITA
Saz.oo
Ss3.oo
S36.oo
VENDOR NAME:
Galls I lC
S11s.oo
S12o.oo
Srg.oo
Szs.oo
Srro.oo
S42.oo
5.11 Tactical Pants74273-724, Material- 65% Po & 35% Cotton
5.11 Tactical Belt 59409 Material- Nylon webbing
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE LONG-SLEEVE SHIRT THOROGOOD 6' DEUCE SIDE ZIP WATERPROOF BOOT
Boston Leather 1 1/2" Leather Garrison Belt
THREE SEASON JACKET
FLYING CROSS LAYERTECH SOFT-SHELL JACKET
5.11TACTICAL MEN'S SNAG-FREE PERFORMANCE SHORT SLEEVE POLO
5.11Tactical Polo shirt 7LO49-724, Material- 100%
Staff Report
October 16, 2024
ATTACHMENT 3
MES Bid
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
6 7
8 10
r7
lie clty of Monterey pa* b sollcithg quotcs on the followlng ttems to prepare.a pufchasE otder and seMce a8reement fot the yefl wlth one or more vendors. These hems ar€a fandon campllngofconrmon ltene purchased.bytheFhe Departrfientdudngthe@u$e of theyesr- tjfat"o"''
$138.99Trouser "A" sizesTS - 42 -
$138.99Nomex Trouser 44-60
$147.55ex Trouser "8" Cut
$147.55Trouser "B" Cut sizes 44 - 60 -
Last Name in Silver 1665 on Right Chest V2" Military Block, All on left shoulder 1" below shoulder
$141.54Sleeve Shirt Sizes:Nomex 50
$141.5462Nomex
.00
MilitaryEmbroider Last Name on chest
$131.75short sleeve size 34 - 50
$131.75sleeve shirt size 52 - 62Midn
$0.00
Embroider Last Name in silver 1886 on right chest, 1/2" military block. all
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
72 13
t4
15 L6
!7
18 19
20 2L
22 23
24 VENDOR NAME:
ill's
$12.60V Flex Cotton Twill Ball Cap
$9.99chamDion Shoru with Pockets - Size xL
$11.99chamolon shorts with Pockets - Size 2X
$0.00Chamoion Shorts Screen Logo on thieh, left leg
$10.99Gildan Ultra cotton S/S T-shirt, Size Small - XL; Color: Black or Navy $18.55Gildan Ultra cotton S/S T-shirt, 2XL - 4XL; Color: Black or NaW $0.00
Glldan Ultra Cotton S/S T-shirt screen, left chest with 3 line logo - Color:
White
$0.00
Gildan Ultra Cotton S/S T-shirt Screen back of T-shirt with 3 line logo - Color: White
$17.99Gildan Ultra cotton L/s T-shirt, color: Black or Naw, Size small - xL $23.55Color Black or Size 2x - 4xCotton
$0.00
Gildan Ultra Cotton VS T-Shirt Screen left chest with 3 line logo - Color:
White
$23.05Gildan Crewneck Sweatshirt - Color Black or Naw Size Small - XL $27.55Gildan Crewneck Sweatshin - color Black or Naw Size 2X - 4X
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
2s)
26)
2a
30 31
32 34
V64D#{NAME3
$0.00
with 3line - Colori White
$0.00
Screen back of T-shlrt with 3 line loeo - Color: White
$68.e9
Job Shlrt - 5.11 - Color: Black or Navy, Size Small - 2X $71.55
Job Shirt - 5,11- color: Black or NaW, Size 3x
Embroider 1st lnitial Last Name ln White on Right Chest, 1/2" Military Block. All CaDs
$0.00
Embroider left chest with 3 line lopo in white
$0.00
$50.59
FLYING CROSS MEN'S POLYESTER COTTON TROUSERS WITH FLEX
WAISTBAND
$67.31
TWILL PANTSFECHHEI
$39.55
CROSS MEN'S POLY COfiON SHORT STEEVE SHIRT (Shirts: (with $65.88
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE SHORT-SLEEVE SHIRT (shirts: (with badge tabs, zipper, remove epaulette)
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FI REFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
35)
35)
37 I
38 39
40 4L
42 43
ffi3nm'e'
$73.55
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE LONG-SLEEVE SHIRT $98.60
THOROGOOD 5.' DEUCE SIDE ZIP WATERPROOF BOOT
$19.52
Boston Leather 1 1/2" Leather Garrison Belt
$44.65
IHREE SEASON JACKET
$102.05
FLYI NG CROSS TAYERTECH SOFT-SHELL JACKET
$41.95
5.11 TACTICAL MEN'S SNAG.FREE PERFORMANCE SHORT SLEEVE POLO $41.95
5.11 Tactical Polo shirt 71049-724. Material- 100% Polvester $50.59
5.11 Tactical Pants74273-724, Material- 65% Polvester & 35% Cotton $34.71
5-ll Tactical Belt 59409 Material- Nvlon webbins
Staff Report
October 16, 2024
ATTACHMENT 4
Uniform Warehouse Bid
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
L
2 3
5 5
7 4
8 9
10 Size 52 to 60
Upto Size 50
Size 52 to 60
COMMENTS
Upto Size 50
FSFO
FSF2
FSF2
FP5O
FP52
FP52
FSFO
FPsO
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
$z
$179
$179
$z
$141
$141
$229
$175
$23e
$10
Uniform Warehouse BRANDlnc
VENDOR NAME:
$169
Nomex short sleeve shirt size 52 - 62Midn
Embroider Last Name in silver 1886 on right chest, U2" military block, all caps.
Sleeve Shirt Sizes: 34 - 50 - MidNomex Lo
Nomex Long Sleeve Shirt Sizes 52 - 62
Embroider Last Name in Silver 1886 on Chest 1/2" Military Block, Nomex short sleeve size 34 - 50Midn
Nomex Trouser "B" Cut sizes 28 - 42 - Midn N
Nomex Trouser "B" Cut sizes 44 - 60 - Mi
Embroider Last Name in Silver 1665 on Right Chest U2" Military Block, All on left shoulder 1" below shoulder seamsew shoulder
The City of Monterey park is soliciting quotes on the following items to prepare a purchase order and service agreement for the year with one or more vendors. These items are a random sampling of common items purchased by the Fire Department during the course of the year. sizes 28 - 42 - MiNomex Trouser "A"
NomexTrouser "A" Cut sizes 44 - 60 -
11
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBITA
L2)
13 L4
15 15
L7
18 19
20 2l
22 23
Ultra Cotton@
Heavy BlendrM
Crewneck Sweatshirt
Heavy BIendrM
Crewneck Sweatshirt
Ultra Cotton@
Ultra Cotton@
Jersey Knit Short
with Pockets
Jersey Knit Short
with Pockets
Ultra Cotton@
Gildan
Gildan
Gildan
Gildan
Gildan
First Class
Sport-Tek
Sport-Tek
Gildan
BRAND
$14
$7.40
$10.60
$g
$tt
$4.10
$7.10
$3
$s
$12.50
$14.50
$15.50
$s
VENDOR NAME:
Uniform Warehouse, lnc.
Gildan Crewneck Sweatshirt - Color Black or Navy Size 2X - 4X Gildan Ultra Cotton VS T-Shi Size Small - XLColor: Black or N Gildan Ultra Cotton L/S T-Shirt, Color Black or Size 2X - 4X Gildan Ultra Cotton VS T-Shirt Screen left chest with 3 line logo - Color:
White
Crewneck Sweatshirt - Color Black or Size Small - XL
Color: Black or NT-shirt, 2XL -Gildan Ultra Cotton
Gildan Ultra Cotton S/S T-shirt screen, left chest with 3 line logo - Color:
White
Gildan Ultra Cotton S/S T-shirt Screen back of T-shirt with 3 line logo - Color: White
Champion Shorts with Pockets - Size XL
Champion Shorts with Pockets - Size 2X
Shorts Screen lefton
Size Small - XL; Color: Black orUltra Cotton T
V Flex Cotton Twill Ball Cap
24 PageZ of 4
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
25 26)
27 28)
33)
2e)
30)
31 )
Poly/Cotton
Short Sleeve Shirt
Poly Rayon Uniform
Short Sleeve Shirt
Deluxe Poly/Cotton
Pants
Deluxe Serge Weave
Pants
114Zip Job Shirt
114Zip Job Shirt
First Class
First Class
First Class
First Class
First Class
First Class
$35
$45
$30
$7
$10
$45
$s
$50
$50
Uniform Warehouse BRANDlnc
VENDOR NAME:
$s
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE SHORT-SLEEVE SHIRT (shirts: (with badge tabs, ziPPer, remove epaulette)
FECHHEIMER MENS POLY COTTON TWILL PANTS
FLYING CROSS MEN'S POLY COTTON SHORT SLEEVE SHIRT (Shirts: (with remove
in whiteEmbroider left chest with 3 line
FLYING CROSS MEN'S POLYESTER COTTON TROUSERS WITH FLEX
Size Small- 2XShirt - 5.11 - Color: Black or
Size 3XJob Shirt - 5.11 - Color: Black or
Embroider 1st lnitial Last Name in White on Right Chest, V2" Military All
- Color: WhiteScreen left chest with 3 line
- Color: Whiteback of T-shirt with 3 line
34
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORI ES
RFP #2024FD-04
EXHIBIT A
35 36)
37 38)
39 40)
42 43)
4l
Tactical Trousers
1.5" Wide Nylon BDU
TacticalBelt
Windproof / Water
Resistant
Soft ShellJacket
Tactical Performance
Polo Shirt
Tactical Jersey Knit
Short Sleeve
Polo Shirt
Poly Rayon Uniform
Long Sleeve Shirt
6" CoolMax Tactical
Combat Side Zip Boot
1.5" Plain Trouser Belt
All Season Deluxe
Bomber Jacket
First Class
Ryno Gear
Ryno Gear
First Class
First Class
Ryno Gear
Ryno Gear
First Class
BRAND
First Class
$+s
$20
$70
$30
$30
$70
$20
$70
VENDOR NAME:
Uniform Warehouse, lnc.
$40
5. 11 Tactica I P ants 7 427 3-7 24, Material- 65% & 35% Cotton .11 Tactical Belt 59409 Material-
FLYI NG CROSS LAYERTECH SOFT-SH ELL JACKET
PERFORMANCE SHORT SLEEVE POLO5.11 TACTICAL MEN'S SNAG-FREE Tactical Polo shirt 7LO49-724, Material- 100%
" Leather Garrison BeltBoston Leather 1
REE SEASON JACKET
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE LONG-SLEEVE SHIRT 6" DEUCE SIDE ZIP WATERPROOF BOOT
Staff Report
October 16, 2024
ATTACHMENT 5
Sinatra Uniform Bid
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBIT A
7 2
3 4
9 10)
5 6
7 8
Waist 52-60
Up to Waist 50
Waist 52-60
Up to Waist 50
FSF2
FSF2
FP52
FP52
FSFO
FSFO
FPsO
FPsO
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
Workrite FR
$177.90
$6.99
$140.90
$140.90
$6.ee
$170.50
$230.s0
$176.50
$238.50
$9.ee
$177.90
VENDOR NAME:
Sinatra Uniforms, lnc.
Embroider Last Name in silver 1886 on right chest, 1/2" military block, all caps.
Sleeve Shirt Sizes 52 - 62Nomex
Embroider Last Name in Silver 1886 on Right Chest 1/2" Military All Midnieht Nomex short sleeve size 34 - 50
Nomex short sleeve shirt size 52 - 62Midn
Nomex Trouser "A" Cut sizes 44 - 60 - Midnight Navy
Nomex Trouser "B" Cut sizes 28 - 42 - Midnight Navy
Nomex Trouser "B" Cut sizes 44 - 60 - Midn N
Embroider Last Name in Silver 1665 on Right Chest 1/2" Military Block All on left shoulder 1" below shoulder seamsew shoulder
Sleeve Shirt Sizes: 34 - 50 - MidnNomex Lo
The City of Monterey Park is soliciting quotes on the following items to prepare a purchase order and service agreement for the year with one or more vendors. These items are a random sampling of common items purchased by the Fire Department during the course of the year.
Nomex Trouser "A" Cu! sizes 28 - 42 - Midnight Navy
11
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UN IFORMS AND ACCESSORIES
RFP #2024FD-O4
EXHIBIT A
L2
13 L4
15 15
L7
18 19
20 2L
22 23
2400
2400
18000
18000
ST31O
sr310
2000
2000
HT123
Gildan
Gildan
Gildan
Gildan
Gildan
Gildan
First Class
Sport-Tek
Sport-Tek
$13.90
$2.99
$7.50
$10.50
$2.99
$10.90
$13.50
$14.90
$4.99
$4.20
$7.2O
$2.99
VENDOR NAME:
Sinatra Uniforms, lnc.
$11.90
Gildan Crewneck Sweatshirt - Color Black or N Size Small- XL Gildan Crewneck Sweatshirt - Color Black or Navy Size 2X- 4X Ultra Cotton S/S T-shirt Screen back of T-shirt with 3 line logo - Color: White
Size Small - XLColor: Black orT-ShiGildan Ultra Cotton
Size 2X - 4XT-Shirt, Color Black orGildan Ultra Cotton
Gildan Ultra Cotton VS T-shirt Screen left chest with 3 line logo - Color:
White
Champion Shorts Screen Logo on thigh, left leg
Gildan Ultra Cotton S/S T-shirt, Size Small - XL; Color: Black or Navy Gildan Ultra Cotton S/S T-shirt, 2XL - 4XL; Color: Black or Navy Gildan Ultra Cotton S/S T-shirt screen, left chest with 3 line logo - Color:
White
V Flex Cotton Twill Ball Cap
Champion Shorts with Pockets - Size XL
Champion Shorts with Pockets - Size 2X
24 Page2of 4
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024tD-O4
EXHIBIT A
27 25
26)
28 29)
30 31
32)
33 47400
48200
85R54
152R66
72534
72534
Flying Cross
Flying Cross
Flying Cross
Flying Cross
5.11 Tactical
5.11 Tactical
$59.50
$e.e9
$59.90
$59.90
$41.90
$2.99
$57.50
$65.s0
$6.ee
VENDOR NAME:
Sinatra Uniforms, lnc.
$2.99
FLYING CROSS MEN'S POLY COTTON SHORT SLEEVE SHIRT (Shirts: (with remove
FLYING CROSS WOMEN'S DELUXE TROPICALWEAVE SHORT-SLEEVE SHIRT (shirts: (with badge tabs, zipper, remove epaulette)
Embroider left chest with 3 line logo in white
FLYING CROSS MEN'S POLYESTER COTTON TROUSERS WITH FLEX
WAISTBAND
FECHHEIMER MENS POLY COTTON TWILL PANTS
Job Shirt - 5.11 - Color: Black or Navy, Size Small - 2X Job Shirt - 5.11 - Color: Black or NaW, Size 3X
Embroider 1st lnitial Last Name in White on Right Chest, U2" Military Block, All Caps
Screen left chest with 3 line logo - Color: White
Screen back of T-shirt with 3 line logo - Color: White
34
MONTEREY PARK FIRE DEPARTMENT
REQUEST FOR QUOTES
FIREFIGHTER UNIFORMS AND ACCESSORIES
RFP #2024FD-04
EXHIBITA
35 36
37)
38)
40)
42 43)
39 4L
541004
102W66
834-6121
JSHtDO2
5.11 Tactical
Flying Cross
5.11 Tactical
5.11 Tactical
5.11 Tactical
Flying Cross
Throrogood
First Class
$47.50
$39.50
$117.90
$39.50
$3e.50
$6e.s0
$94.50
$28.50
$64.90
VENDOR NAME:
Sinatra Uniforms, lnc.
Material- 100%Tactical Polo shirt
& 35% CottonMaterial- 65%5. 11 Tactical P ants 7 4273-
5.11 Tactical Belt 59409 Material- Nylon web
REE SEASON JACKET
FLYING CROSS LAYERTECH SOFT-SH ELL JACKET
SNAG-FREE PERFORMANCE SHORT SLEEVE POLO5.11TA TICAL MEN'S
FLYING CROSS WOMEN'S DELUXE TROPICAL WEAVE LONG-SLEEVE SHIRT THOROGOOD 6" DEUCE SIDE ZIP WATERPROOF BOOT
Boston Leather 1 U2" Leather Garrison Belt
City Council Staff Report
DATE: October 16, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Kristin Olivarez, City Librarian
SUBJECT: California State Library Zip Books Grant Fiscal Year 2024/25 RECOMMENDATION:
It is recommended that the City Council consider:
1. Accepting $5,664 in California State Library grant funding to purchase books and an Amazon Prime membership;
2. Appropriating the $5,664 funding into the 2024-25 Fiscal Year budget; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Library was notified of a $ 5,664 award from the California State Library. The grant funds will be utilized to continue to offer the Zip Books program, which allows library cardholders to request books that are not already owned by the Library and have them delivered directly to their home via Amazon Prime.
BACKGROUND:
This is the third year the Library has received the Zip Books grant. The Zip Books program was implemented in Fiscal Year 2022-23 with a goal of providing library patrons with quick and convenient access to books that are not already available in the Library’s collection.
Requested books are shipped directly to the patron via Amazon Prime, then added to the Library’s collection when they are returned to the library so that others may check them out.
In 2023-24, 116 unique library patrons utilized the Zip Books program and 199 new books were added to the collection through the program. The grant funds will be used to continue to offer the Zip Books program to library patrons.
FISCAL IMPACT:
This is a single year grant and no matching funds are required for this grant. This ite m asks City Council to authorize the appropriation of $5,664 to the FY 2024-25 budget.
Consent Calendar - 3F
Staff Report
October 16, 2024
Respectfully submitted by: Reviewed by:
Kristin Olivarez
City Librarian
Martha Garcia
Director of Finance
Approved by: Approved as to Form: Karl H. Berger, City Attorney Reviewed by:
Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney
ATTACHMENT:
1. California State Library Zip Book Grant 2024-25 Award Letter
Staff Report
October 16, 2024
ATTACHMENT 1
California State Library Zip Book Grant 2024-25
Award Letter
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 18, 2024
Kristin Olivarez, City Librarian
Monterey Park Bruggemeyer Library
318 S Ramona Ave
Monterey Park, CA, 91754
Subject: Zip Books Project ZIP24-52
Dear Ms. Kristin Olivarez:
We are pleased to approve the grant application for the Zip Book Project for a total of $5,664 in California Library Services Act funds. Over the 2024-25 grant period, please take steps to ensure that as many Zip Books as possible are added to your permanent library collection.
Hard copies of this correspondence will not follow. Keep the entirety of the correspondence for your files and consider these award materials your original documents.
This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule as well as the proposal outlining the project plan and budget. Please sign the claim and certification forms at the back of your award packet using the DocuSign system. Please understand that it can take from six to eight weeks from receipt of a fully executed claim form with no errors before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.
The Grant Monitor assigned to your project is Monica Rivas. She is available to assist you throughout the year and she can be reached via email at [email protected].
Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
CC: Monica Rivas, [email protected]
Annly Roman, [email protected]
Yesenia Udarbe, [email protected]
Michael Le, [email protected]
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
STATE-FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
Monterey Park Bruggemeyer Library
ZIP 24-52 Monterey Park Bruggemeyer Library
2024-2025 ZIP24-52
TABLE OF CONTENTS
PROJECT SUMMARY
2 PROCEDURES and REQUIREMENTS
3 A. Term of the Agreement
3 B. Scope of Work
3 C. Budget Detail
3 D. Narrative and Financial Reports
4 E. Claim Form and Payment
5 EXHIBIT A: TERMS and CONDITIONS
7 EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS 22
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2024-2025 ZIP24-52
PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Monterey Park Bruggemeyer Library for the Zip Books project.
AWARD AGREEMENT NUMBER ZIP24-52
This Award Agreement (“Agreement”) is entered into on 7/1/2024 by and between the California State Library (“State Library”) and Monterey Park Bruggemeyer Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded ZIP 24-52 Monterey Park Bruggemeyer Library project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $5664 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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2024-2025 ZIP24-52
PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until 8/31/2025. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on 8/31/2025 and all eligible program costs must be incurred by this date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the Zip Books Grant.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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ZIP 24-52 Monterey Park Bruggemeyer Library
2024-2025 ZIP24-52
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July 01, 2024-
December 31,
2024
1st Financial and Mid Project Program
Narrative Report Due
January 31, 2025
January 01,2025 –
April 30, 2025
2nd Financial Report Due May 31, 2025
July 01, 2024 –
August 31, 2025
Final Financial Report, Expenditure Detail
Report and Final Program Narrative Report
Due
September 31,
2025
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
6. In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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2024-2025 ZIP24-52
evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.
2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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2024-2025 ZIP24-52
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
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2024-2025 ZIP24-52
EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the current Web Content Accessibility Guidelines, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Zip Books.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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2024-2025 ZIP24-52
“Funding provided by the State of California.”
c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. or this purpose, the following contact information is provided below:
Monterey Park Bruggemeyer
Library
Kristin Olivarez
318 S RAMONA AVE
Monterey Park,91754
626-307-1412
[email protected]
California State Library
Monica Rivas
900 N Street
Sacramento, CA 95814
916-603-7159
[email protected]
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1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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the Grantee shall continue with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
12. Failure to Perform: The grant being utilized by the Grantee is to benefit the Zip Books. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and, in a manner, consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
19. Grantee: the government or legal entity to which a grant is awarded, and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $ 5664 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
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26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
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35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
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41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $ 5664 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $ 0
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of 0.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
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43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.
45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
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by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount 5664. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
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2024-2025 ZIP24-52
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date, he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date, he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
Monterey Park Bruggemeyer Library
ZIP 24-52 Monterey Park Bruggemeyer Library
2024-2025 ZIP24-52
the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
Monterey Park Bruggemeyer Library
ZIP 24-52 Monterey Park Bruggemeyer Library
2024-2025 ZIP24-52
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
Monterey Park Bruggemeyer Library
ZIP 24-52 Monterey Park Bruggemeyer Library
2024-2025 ZIP24-52
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 [email protected]
626-307-1412
Kristin Olivarez
Kristin Olivarez
City Librarian
[email protected]
Monterey Park Bruggemeyer Library
10/3/2024
626-307-1412
318 S. Ramona Ave., Monterey Park, CA 91754
In Process
Monterey Park Bruggemeyer Library
ZIP 24-52 Monterey Park Bruggemeyer Library
2024-2025 ZIP24-52
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHORIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:
Printed Name of Person Signing: Title: California State Librarian
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 Greg Lucas
10/2/2024
318 S. Ramona Ave., Monterey Park, CA 91754
City Librarian
10/3/2024
Kristin Olivarez
Monterey Park Bruggemeyer Library
In Process
Monterey Park Bruggemeyer Library
ZIP 24-52 Monterey Park Bruggemeyer Library
2024-2025 ZIP24-52
April 25, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp- content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial- sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
CALIFORNIA LIBRARY SERVICES ACT
FINANCIAL CLAIM
PAYMENT IN FULL
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2024 ITEM NO: 6120-211-0001, Chapter 22, Statutes of 2024 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
(State Library Representative)
Grant Award #: ZIP24-52 Date:
Invoice #:
ZIP24-52-01 PO #:
7753
Payee Name: City of Monterey Park
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $5,664 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: Monterey Park Bruggemeyer Library ☐ FINAL (Name on Award Letter and Agreement) ☒ IN FULL
Project Title: Zip Books Project ☐ AUGMENT
For Period From: upon execution to end of grant period
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 10/3/2024
320 W. Newmark Ave, Monterey Park, CA 91754
Kristin Olivarez City Librarian
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRES S
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).
For Single Member LLC (disregarded entity), in which the s ole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ __
_
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ __
_ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No servic
es performed in California
☐Copy of Franc
hise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAI L ADDRESS SIG
NATURE DATE TELE
PHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UN IT/SECTION
MAI
LING ADDRESS FAX TEL
EPHONE (include area code)
CITY ST ATE ZI P CODE E-M AIL ADDRESS
Print Form
Reset Form
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34
900 N Street
[email protected]
95814
Admin/Accoutning
Ca. State Library
916-603-7157
Sacramento
CA
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Singl
e Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the S
tate of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g. , services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An es
tate is a resident if the decedent was a California resident at time of death. • A tr
ust is a resident if at least one trustee is a California resident. o For
individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.
For
information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Wi
thholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For
hearing impaired with TDD, call: 1-800-822-6268 Website: ww w.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
Docusign Envelope ID: 53D14650-E721-407F-B750-6C1122705B34 In Process
City Council Staff Report
DATE: October 16, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Urban Forest Master Plan and Resolution updating the City’s Parkway and Planting Easement Maintenance Standards
RECOMMENDATION:
It is recommended that the City Council consider:
1. Receiving and filing the Urban Forest Master Plan (UFMP);
2. Adopting a Resolution amending Resolution 10541 updating the City’s Parkway and Planting Easement Maintenance Standards; and
3. Taking such additional, related, action that may be desirable.
CEQA:
The item is exempt from the California Environment Quality Act (CEQA) per CEQA Guidelines. Taking the recommended action would not result in a direct or physical change in the environment, and accordingly, does not qualify as a “project” under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; “CEQA”) or CEQA regulations (Cal. Code Regs. tit. 14, §§ 15000, et seq.; see Cal. Code Regs. tit. 14, §§ 15061(b)(3), 15378).
EXECUTIVE SUMMARY:
The Urban Forest Master Plan (UFMP) is a strategic plan that establishes a vision with industry established principles that address the City’s entire urban forest composed of both private and public trees. The UFMP is intended to provide City officials, City staff , and members of the community with guidance, best practices, and standards to maintain a sustainable and healthy urban forest. Staff recommends City Council receive and file the UFMP prepared by West Coast Arborist, the City’s tree maintenance and management contractor. Additionally, it is recommended that City Council adopt a Resolution updating the City’s Parkway and Planting Easement Maintenance Standards to better align with UFMP’s management standards.
BACKGROUND:
Since 1997, under the direction and supervision of the Public Works Department, the Monterey Park City tree inventory has been inspected, surveyed, serviced , and maintained by West Coast Arborists, Inc. of Anaheim, CA. (WCA).
Consent Calendar - 3G
Staff Report
October 16, 2024
In the Fall of 2023, staff engaged with WCA to develop a master plan for the entire City tree inventory. The goal was to capture the current state of the inventory, then to establish goals, recommendations and guidance, creating a vision t hat would thoughtfully and purposefully maintain City trees as an integral part of a thriving ecosystem enjoyed and shared by the entire community. The UFMP is based on current scientific understandings and best management practices developed for tree care by the International Society of Arboriculture (ISA) and the American National Standards Institute (ANSI). The proposed UFMP operates under the basis of a healthy and vibrant urban forest being a vital component of any elevated quality of life measurement. The UFMP is a living document that may periodically be updated and adapted to reflect urban forest conditions, climate fluctuations, scientific research, and industry understandings and practices.
Review of the City’s tree inventory identified 7,359 trees in the City of Monterey Park Urban Forest, consisting of 161 species. This number reflects an 83% usage of identified, inventoried, and established planting sites. Monterey Park currently has 1,417 identified and inventoried vacant sites. The UFMP identifies all inventory details by City grids, and provides recommendations and guidance towards the maintenance of all current inventory and the planting of identified vacant sites.
The benefits of a properly maintained urban forest include beautification to the overall City landscape, air quality improvement, the absorption of carbon dioxide and greenhouse gasses, providing windbreaks and sound barriers, providing habitat for wildlife, providing shade for homes, businesses, public right of ways and parks, capturing stormwater, and reducing soil erosion. Additionally, numerous studies have shown that trees have a positive impact on mental and physical health. The UFMP reinforces the City’s responsibility to manage the urban forest to preserve and enhance this valuable community resource for the good of the environment and the economy, while keeping in mind the health and well-being of current residents and future generations.
The UFMP is not only a guiding document for the management of forestry in the community, but it also supports the City’s Sustainability plan, which calls for nature-based development programs that contribute to urban greening. Specifically, strategy N2 encourages gradually increasing the number of trees in the City with annual tree planting initiatives as trees can help reduce urban heat island effects by shading building surfaces, deflecting radiation from the sun, and releasing moisture into the atmosphere.
It is recommended that City Council receive and file the UFMP which establishes goals and objectives, with measurable and achievable targets designed to maximize the benefits of trees for all who live, work, and visit the City of Monterey Park. Additionally, it is recommended that City Council adopt a Resolution updating the City’s Parkway and Planting Easement Maintenance Standards to better align with UFMP’s management standards. The City first adopted Parkway and Planting Easement Maintenance Standards on September 20, 2000, via Resolution 10541. Updated standards provide
Staff Report
October 16, 2024
guidance to existing and future developments in residential, commercial and business areas regarding the maintenance of portions of property in the public right-of-way. 2024-25 STRATEGIC PLAN GOAL:
The proposed UFMP meets the City’s goal to maintain, build and modernize infrastructure and facilitates to support the current and future needs of our City and community.
Adopting a plan to manage the City’s urban forest provides staff the proper guidance for the maintenance of current and future inventory.
FISCAL IMPACT:
There is no fiscal impact associated with the proposed Council actions. Future actions impacting the urban forest will require the development of formal plans and funding allocation requests, which will be presented to City Council for consideration.
Respectfully submitted by:
Shawn Igoe
Director of Public Works
Approved by: Approved as to Form: Karl H Berger, City
Attorney
Reviewed by:
Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney
ATTACHMENT:
1. Urban Forest Master Plan
2. Resolution
Staff Report
October 16, 2024
ATTACHMENT 1
URBAN FOREST MASTER PLAN
Click here to download the Urban Forest Master Plan
WCA – Urban Forest Management Plan
Staff Report
October 16, 2024
ATTACHMENT 2
RESOLUTION
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION 10541 TO UPDATE
PARKWAY AND PLANTING EASEMENT MAINTENANCE STANDARDS
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1:
The City Council finds as follows:
A. The City of Monterey Park (“City”) has authority over certain easements and parkways and requires property owners to properly maintain these areas;
B. The City and the property owners both have a mutual benefit to keep these areas maintained;
C. The City acknowledged the importance of properly maintained parkways and planting easement areas and adopted Resolution 10541 establishing Parkway and Planting Easement Maintenance Standards (“Standards”);
D. The City desires to update the Standards in order to maintain and/or increase the value, both economically and aesthetically of the properties in Monterey Park;
E. These Standards shall promote the overall public health, safety, welfare, and improvement of the environment.
SECTION 2: The C
ity adopts updated Parkway and Planting Easement Maintenance Standards, and directs staff to enforce these standards as it relates to their divisions. The standards shall be adopted as listed in Exhibit A.
SECTION 4
: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SECTION 5
: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6
: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 7
: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
Resolution No.
(Mayor signature and attestation must be on the same page.) PA
SSED AND ADOPTED this ___ day of ______________, 2024.
_________
_______________________
Thomas Wong, Mayor
Atte
st:
_________
_________________
Maychelle Yee, City Clerk
Appr
oved as to Form: Karl H. Berger, City Attorney
Reviewed by:
_________
_________________
Solange Fortenbach, Deputy City Attorney
EXHIBIT A
PARKWAY AND EASEMENT PLANTING AND MAINTENANCE STANDARDS
Section One
The following standards apply to all properties within the public right- of-way, encompassing both existing and future developments in residential, commercial, and business areas. It is the responsibility of the adjacent property owner to maintain these areas in accordance with the established standards. These standards aim to preserve the economic and aesthetic value of the property and surrounding areas while promoting public health, safety, welfare, and environmental improvement within the City. It is anticipated that adherence to these standards will enhance the quality of life for all residents and workers in Monterey Park. For any new construction or rehabilitation of existing structures that exceed one-third (1/3) of the assessed value, landscape plans must be submitted to the Building Division for approval during the plan check process. All existing properties are required to maintain the parkway in a clean condition, free from litter, trash, debris, and bulky items. Property owners must also ensure that landscaping and irrigation systems are kept in good condition, properly maintained, and free of weeds. No la ndscaped parkway or planting easement area shall be reduced or eliminated without prior approval from the Public Works Director or their designee.
A. Hardscape
The installation of hardscape materials must receive approval from the Public Works Director. Hardscape is defined as any material —including asphalt, concrete, wood,
railroad ties, bricks, blocks, pavers, and rocks —used to cover parkways or planting easements within the public right -of-way. Hardscape must be designed to ensure pedestrian accessibility and should not obstruct the movement of pedestrians in these areas. It must also maintain clear visibility for both pedestrians and motorists, particularly near crosswalks, driveways, or alleys. A minimum clearance of two feet must be maintained on each side of all City street trees. Additionally, hardscape should not impede the proper functioning of any City or utility infrastructure.
B. Irrigation
All landscaped areas shall be equipped with an irrigation system designed and installed to ensure comprehensive coverage while prioritizing water conservation.
The system must be designed to prevent overspray onto sidewalks or streets and must comply with the City’s Water Efficiency Requirements. Although drip irrigation is encouraged, it must be installed in a manner that avoids creating trip hazards. The property owner is responsible for maintaining the irrigation system to ensure it operates as intended.
C. Ground Cover
Ground cover shall be classified into two categories: live, growing plant material and processed materials intended for decorative purposes in open spaces. Processed materials such as wood chips, loose rocks, and mulch are encouraged as accents or fillers. Ground cover is prohibited from growing on or attaching to any City or public utility property, including streets, sidewalks, telephone poles, light poles, fire
hydrants, and trees. Ground cover areas must be kept clean and free of weeds. The property owner is responsible for ensuring that all vegetation is maintained in a healthy condition.
D. Shrubs
Shrubs may be utilized but must be maintained at a maximum height of 24 inches above curb level to ensure safe visual clearance for vehicles and pedestrians. They are prohibited from growing on or attaching to any City or public utility property.
Additionally, shrubs must be positioned at a sufficient distance to allow for the proper functioning and maintenance of City or public utility infrastructure, including fire hydrants, poles, trees, water equipment, and mailboxes. Shrubs must remain within their des ignated area and should not encroach upon sidewalks or streets. The property owner is responsible for ensuring that all shrubs are kept in a healthy condition.
E. Trees
Only trees planted by the City of Monterey Park or its designated representatives are permitted in city parkways or planting easements. All new plantings must adhere to the planting guidelines outlined in the Monterey Park Urban Forest Master Plan (UFMP) as established by the Public Works Department. The minimum size for newly planted trees is a fifteen-gallon container, and they must be of the single trunk variety.
Larger sizes may be required for commercial or business areas or specific projects.
All new trees must be installed with a root barrier approved by the Public Works
Director or their designee. Alterations, modifications, trimming, or removal of trees located in parkways or planting easements can only be performed by City staff or designated personnel, in accordance with MPMC § 9.63. Property owners and residents are not permitted to trim or alter these trees, except for the removal of branches or suckers at the base of the tree and within the tree wells. Property owners are responsible for removing weeds and debris from all tree wells. Private trees must not encroach upon the public right -of-way and must be maintained at a height sufficient to ensure pedestrian and vehicle clearance as deemed satisfactory by the City. Overgrown trees or shrubs must not obstruct drivers' visibility or block any traffic control devices or signs. Tree wells must remain free of weeds and litter, which is the responsibility of the property owners.
City Council Staff Report
DATE: October 16, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Receive and File Staff Report Summarizing the Status of the Emergency Replacement of the HVAC System at the Langley Senior Citizen Center RECOMMENDATION:
It is recommended that the City Council consider:
1. Receiving and Filing the staff report summarizing the status of the emergency replacement of the HVAC system at the Langley Senior Citizen Center; and
2. Taking such additional, related, action that may be desirable.
BACKGROUND:
On September 18, 2024, City Council adopted Resolution No. 2024 -R76 authorizing the City Manager to take necessary measures for the emergency replacement of the HVAC system at the Langley Senior Citizen Center. The HVAC unit services the main room used for the daily senior lunch program and public events. Additionally, the Langley Senior Citizen Center is a designated cooling center. The system is 19 years old and has exceeded its expected life span of 10 to 15 years. It is beyond repair, currently operating at 50% capacity, and in need of immediate replacement.
Staff obtained a quote from Carrier Global Corporation through Sigler Wholesale Distributers, for one Packaged Rooftop Heat Pump Unit and curb adapter for $28,730.74 and a quote from Westco Service Company for installation of the equipment for $34,249.
The City ordered the replacement HVAC unit from Sigler Wholesale Distributers on September 19, 2024. The City has sought Westco Service Company ’s services for the installation of the replacement unit. The installation is currently scheduled to be completed the week of October 14th. Westco’s scope of work includes providing a crane and removal and disposal of the existing unit; installation of the City provided Carrier AC rooftop package unit, including all electrical and control wiring; securing the unit to the existing platform; sta rting and testing. Installation is to occur immediately upon arrival of the replacement HVAC unit.
Consent Calendar - 3H
Staff Report
October 16, 2024
FISCAL IMPACT:
The project is being funded by the General Fund. The estimated cost of the project is $75,000.
Respectfully submitted by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT:
None.
City Council Staff Report
DATE
: October 16, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development
SUBJECT: A Public Hearing to consider introducing an ordinance approving a Development Agreement (DA -24-01) by and between the City of Monterey Park and Atlantic Square, LLC (TRC) to facilitate improvements on and adjacent to the Atlantic Square Shopping Center located at 2100 South Atlantic Boulevard; to activate the Business Recovery Development Agreement Zone (“BRDZ”) in Monterey Park Municipal Code Chapter 21.45; and to amend the zone map (ZA-24-02).
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening the public hearing;
2. Receiving documentary and testimonial evidence;
3. Closing the public hearing;
4. Introducing and waiving first reading of an ordinance adopting DA-24-01 and amending the zoning map (ZA-24-02). Second reading and adoption would occur on November 6, 2024. The DA would become effective December 6, 2024; and
5. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
The Ci
ty conducted an environmental review of the proposed project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.), and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) (“CEQA”) and determined it is categorically exempt pursuant to CEQA Guidelines § 15302 as a Class 2, replacement or reconstruction project. Under CEQA Guidelines § 15004(b)(4), this Development Agreement comprises a preliminary agreement not subject to CEQA insofar as the Intersection Improvements and New Drive-Thru are concerned.
EXECUTIVE SUMMARY:
By letter dated December 22, 2023, t he owner of the Atlantic Square shopping center located at 2100 S. Atlantic Boulevard (“Shopping Center”), Atlantic Square, LLC, d/b/a/ TRC (“TRC”) submitted an application to the City to amend the existing Conditional Use Permit (CUP) that governs the development and types of uses allowed at the shopping center. The existing CUP was issued in 1989 (with subsequent amendments).
Public Hearing - 4A
Staff Report
October 16, 2024
Starting in 2023, the City Council considered the Shopping Center in a series of meetings.
On March 26, 2024, the City Council created an ad hoc committee (comprised of Mayor Thomas Wong and Council Member Jose Sanchez) to meet with TRC representatives regarding the Shopping Center’s future. Following those meetings, the City Manager, City Attorney, and other officials negotiated the proposed Development Agreement between the City and TRC.
TYPE OF ACTION (LEGISLATIVE)
Decision-Making Body: The City Council is the planning agency for this project pursuant to Monterey Park Municipal Code (“MPMC”) § 2.56.020(c). Additionally, the City Council is the sole decision-maker regarding activating the Business Recover Development Zone (“BRDZ”) pursuant to MPMC § 21.45.020(G).
Legislative: The recommended action includes an amendment to the zoning (the “BRDZ”) via an Ordinance. In considering such actions, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases). For the proposed zone change, the City Council must make these findings (MPMC § 21.38.050):
• That the proposed zone change is consistent with the goals, policies, and objectives of the General Plan;
• That the proposed zone change will not adversely affect surrounding properties; and
• That the proposed zone change promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations.
These findings are included in the draft Ordinance; the facts upon which these findings rely are also included with the draft documents.
BACKGROUND:
If approved, the Development Agreement would both establish zoning for the Shopping Center (by activating the BRDZ as authorized by MPMC Chapter 21.45) and obligate TRC to develop certain uses (and buildings). This would reconcile the City Council’s concerns (expressed during multiple public meetings) regarding the lack of development in the Shopping Center’s north end with TRC’s desire to update its land use approvals to meet current economic conditions. This circumstance is one of the reasons that the City Council adopted the BRDZ in 2020 as part of the 2020 Monterey Park Business Recovery Program. As outlined in the City Council’s July 15, 2020 Staff Report:
Staff Report
October 16, 2024
Here, the proposed Development Agreement for the Shopping Center would activate the BRDZ and govern the following:
• TRC may, at its own expense, construct a new traffic signal where Atlantic Boulevard intersects the northern portion of the Shopping Center.
• TRC will develop plans for a new drive drive- thru restaurant facility within the Shopping Center.
• TRC may add new restaurant, commercial and entertainment uses to the Shopping Center with the allowable use and development standards appropriate for each.
The uses are described in detail in Attached Exhibits D and E.
• The term of the Development Agreement would be five years from the date of execution.
Additionally, TRC would cause demolition of existing Building A and provide for improvements to Building C – both included in Exhibit H of the draft Development Agreement.
The Development Agreement identifies the following public benefits:
Staff Report
October 16, 2024
• Development of new and relevant land uses within the Shopping Center that is currently vacant.
• Development of land uses that will complement surrounding commercial land uses with low impacts on existing infrastructure and minimal burdens on surrounding properties.
• Generation of additional sales tax and property tax.
• Improvement of the public right of way along South Atlantic Avenue.
• Installation of enhanced landscaping along the Shopping Center’s northern portion and right of way.
• Construction of a traffic signal and other intersection improvements adjacent to the north side of the Shopping Center.
In addition to these public benefits, the Development Agreement would address a long- standing City goal of improving the S hopping Center in the City that the City Council previously identified as a development priority.
2024-25 STRATEGIC PLAN GOAL:
This project meets the strategic plan goal to “Strengthen our local economy and enhance housing opportunities” because the Development Agreement and zone change would facilitate enhancements to Atlantic Square which would improve the aesthetic appearance of the Shopping Center, help fill vacancies, attract more businesses, and positively impact the City’s local economy.
FISCAL IMPACT:
All costs associated with the Project are borne by TRC. It is paying for all costs associated with processing the Project application and is financially responsible for all improvements allowed via the Development Agreement including, without limitation, a proposed traffic signal. Future benefits include anticipated increases to sales tax revenue for the City.
Staff Report
October 16, 2024
Respectfully submitted by: Prepared by:
Jessica Serrano
Director of Community
Development
Jeffrey L. Stewart
Willdan Engineering
Reviewed by:
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. Ordinance No._____, including Draft Development Agreement between City and TRC and attachments referenced in the staff report.
2. Map of Atlantic Square area referenced in the staff report.
Staff Report
October 16, 2024
ATTACHMENT 1
Ordinance No. _____, including Draft
Development Agreement between City and TRC
and attachments referenced in the staff report
ORDINANCE NO. _____
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF MONTEREY PARK AND ATLANTIC
SQUARE, LLC, D/B/A TRC, A DELAWARE LIMITED LIABILITY
COMPANY, TO FACILITATE DEVELOPMENT OF AN EXISTING
SHOPPING CENTER; AND TO ACTIVATE THE BUSINESS RECOVERY
DEVELOPMENT AGREEMENT ZONE (“BRDZ”) IN MONTEREY PARK
MUNICIPAL CODE CHAPTER 21.45.
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. Atlantic Square, LLC, d/b/a TRC, a Delaware limited liability company (“Developer”) proposes to enter into a development agreement with the City of Monterey Park (the “Development Agreement”), which is attached to this Ordinance as Exhibit “A,” and incorporated by reference.
B. The Development Agreement activates the Business Recovery Development Agreement Zone (“BRDZ”) which allows the Developer to add new restaurant, commercial, and entertainment uses (the “Project”) to an existing shopping center commonly known as “Atlantic Square” (the “Property”). The proposed Project was reviewed by the City for, in part, consistency with the General Plan and conformity with the MPMC;
C. In addition, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”);
D. The City completed its review and scheduled a public hearing regarding the proposed Project, before the City Council for October 16, 2024. Notice of the public hearing on the proposed Project was posted and mailed as required by the MPMC;
E. On October 16, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance and the Development Agreement;
F. The City Council reviewed the proposed project, conditions of approval, and related environmental aspects of the Project as required by the MPMC at the October 16, 2024 public hearing; and
City of Monterey Park
Ordinance No. XXXX
G. The City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing of October 16, 2024; and
H. This Ordinance, and its findings, are based upon the entire administrative record considered during the October 16, 2024 public hearing including, without limitation, the staff report and accompanying documents.
SECTION 2. Findings. Pursuant to Government Code § 65867.5, the City Council finds the following:
A. T he Development Agreement is consistent with the General Plan of the City of Monterey Park. The Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare in that the Development Agreement will, among other things, facilitate the development of the subject site that is currently improved but is experiencing significant vacancies and is underutilized, which is consistent with the following General Plan policies:
1. LU Policy 1.1 – to ensure zoning regulations provide flexibility regarding allowed uses.
2. LU Policy 2.1 – to provide flexible and clear development standards to allow commercial, professional, industrial institutional, and hospitality businesses and uses to expand and thrive economically.
3. LU Policy 10.1 – Ensure zoning regulations provide flexibility regarding allowed uses.
B. The Development Agreement also provides certainty in planning and construction as well as orderly development, while providing assurance to the Applicant that it may construct the Project.
SECTION 3. Environmental Review. The City conducted an environmental review of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.), and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) (“CEQA”) and determined it is categorically exempt pursuant to CEQA Guidelines § 15302 as a Class 2, replacement or reconstruction project. Under CEQA Guidelines § 15004(b)(4), the Development Agreement comprises a preliminary agreement not subject to CEQA insofar as the Intersection Improvements and New Drive-Thru are concerned.
SECTION 4. Notice of Determination. The City Manager, or designee, is directed to file a notice of determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.
City of Monterey Park
Ordinance No. XXXX
SECTION 5. General Plan and Zoning. The proposed project conforms to the Monterey Park General Plan, as set forth in Section 2. In addition, the proposed Project is anticipated to increase commercial and retail uses – including eateries – within an underutilized portion of the existing Atlantic Square shopping center (the “Shopping Center”).
SECTION 6. Public Benefits. The Development Agreement provides for public benefits including, without limitation:
A. Development of new and relevant land uses within the Shopping Center that is currently experiencing vacant buildings.
B. Development of land uses that will complement surrounding commercial land uses with low impacts on existing infrastructure and minimal burdens on surrounding properties.
C. Generation of additional sales tax and property tax.
D. Improvement of the public right of way along South Atlantic Avenue.
E. Installation of enhanced landscaping along the Shopping Center’s northern portion and right of way.
F. Construction of a traffic signal and other intersection improvements adjacent to the north side of the Shopping Center.
SECTION 7. Incorporation of Development Agreement; Changes; Execution. In accordance with Government Code §§ 65864, et seq. this Ordinance approves the Development Agreement in substantially the form attached as Exhibit “ A,” and incorporated into this Ordinance by reference.
A. The Development Agreement may be changed before execution as authorized by the City Council during the public hearings for the Project.
B. The Development Agreement may be changed before execution for minor clarifications and technical, clerical, corrections as approved by the City Attorney including, without limitation, completion of references, status of planning approvals, and completion and conformity of all exhibits to the Development Agreement.
C. The City Council authorizes the Mayor to execute the Development Agreement on the City’s behalf in a form approved by the City Attorney. The City Manager, or designee, is authorized to execute amendments or operating
City of Monterey Park
Ordinance No. XXXX
memoranda as permitted by the Development Agreement, in a form approved by the City Attorney.
SECTION 8. BRDZ Activation. Pursuant to MPMC § 21.45, the BRDZ is activated for the Project Site identified in the DA. Combined with the regulations governing the Project Site by the MPMC and this Ordinance, the DA will regulate all land uses on the Project Site.
SECTION 9. Zone Map Amendment. Pursuant to MPMC § 21.45.020 (F), the Monterey Park Zoning Map is amended to reflect the BRDZ overlays as set forth in attached Exhibit “B,” which is incorporated by reference.
SECTION 10. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 11. Enforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 12. Reliance on Record . Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 13. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 14. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
City of Monterey Park
Ordinance No. XXXX
SECTION 15. Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 16. Publications. The City Clerk is directed to certify the passage and adoption of this Ordinance; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 17. Recording. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Monterey Park’s book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 18. Effective Date. This Ordinance becomes effective on the 30 th day
following its passage and adoption.
ORDINANCE NO. ___ HAD ITS FIRST READING ON OCTOBER 16, 2024, ITS SECOND READING ON NOVEMBER 6, 2024 AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF OCTOBER 16, 2024.
Thomas Wong, Mayor
City of Monterey Park
Ordinance No. XXXX
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Exhibit A: Development Agreement - DA 24-01
Exhibit B: Zone Map Amendment - ZA 24-02
EXHIBIT “A”
Development Agreement – DA 24-01
167659690.14
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF MONTEREY PARK
320 West Newmark Avenue
Monterey Park, CA 91754
Attention: City Clerk
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103
(Space Above For Recorder’s Use)
DEVELOPMENT AGREEMENT
By And Among
City of Monterey Park
And
Atlantic Square, LLC
1 167659690.14
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (this “Agreement”) is entered into as of the Effective Date (defined below) by and between (1) the CITY OF MONTEREY PARK, a general law city and municipal corporation (“City”), and (2) ATLANTIC SQUARE, LLC, d/b/a TRC, a Delaware limited liability company (“TRC” or “Developer”), as follows:
RECITALS
A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risk of development, the California Legislature enacted Government Code §§65864, et seq. (“Development Agreement Statute”). The Development Agreement Statute authorizes City to enter into binding development agreements with developers having a legal or equitable interest in real property, establishing certain development rights in such property.
B. Pursuant to the Development Agreement Statute, City adopted regulations implementing the Development Agreement Statute as codified in the Monterey Park Municipal Code (“MPMC”).
1 This Agreement was processed and approved in accordance with the Development Agreement Statute and MPMC.
C. T RC owns and operates the Atlantic Square Shopping Center (the “Shopping Center”) at 2100 S. Atlantic Boulevard, Monterey Park, CA 91754. The real property comprising the Shopping Center is legally described in attached Exhibit A, which is incorporated by reference (the “Property”).
D. D eveloper proposes to implement or allow tenants or others to implement various improvements at the Shopping Center and for City to consider whether to implement certain improvements adjacent to, and serving, the Shopping Center, and for City to consider whether to approve certain entitlements for the Shopping Center, as follows (together, these comprise the “Combined Improvements”):
1. D
eveloper will apply for City approval of a new signalized intersection as generally depicted in attached Exhibit B, which is incorporated by reference (“Intersection Improvements”). The Parties acknowledge that t he Intersection Improvements may, at Developer’s option, be undertaken by Developer’s tenant or other entity, in which case Developer must cause such tenant or other entity to comply with all applicable provisions of this Agreement.
2. Developer will apply for City approval of a new drive -t hru restaurant use within the Shopping Center as generally depicted in attached Exhibit C, which is incorporated by reference (“New Drive -Thru”). The Parties acknowledge that the New Drive-Thru may, at Developer’s option, be undertaken by Developer’s tenant or other entity, in which case Developer must cause such tenant or other entity to comply with all applicable provisions of this Agreement.
1 See MPMC Chapter 21.44.
2 167659690.14
3. This Agreement allows certain restaurant, commercial, entertainment and other uses at the Shopping Center and imposes custom development standards appropriate for each, all in accordance with the allowable uses and development standards described in attached Exhibits D (“Atlantic Square Allowable Uses (BRDZ)”) and E (“Atlantic Square Development Standards (BRDZ)”), which are incorporated by reference.
Developer anticipates remodeling and reconstructing Building C to accommodate such uses, as generally described in Exhibit H (c ollectively, the “Shopping Center Modernization Improvements” project), which is incorporated by reference.
E. City and Developer determined a development agreement is appropriate for the Combined Improvements to activate the Business Recovery Development A greement Zone (“BDRZ”).
2 F. The City Council determined that the Shopping Center Modernization Improvements and, if approved by City, the Intersection Improvements and New Drive-Thru will provide certain public benefits to warrant entering into this Agreement. Those benefits are listed in Section 5.1 of this Agreement. In addition, this Agreement will facilitate orderly growth and quality development of the Combined Improvements in conformance with the goals and policies of the Monterey Park General Plan, Land Use Element.
3 H. City conducted an environmental review of the Shopping Center Modernization Improvements project under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.), and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq .) (“CEQA”) and determined it is categorically exempt pursuant to CEQA Guidelines § 15302 as a Class 2, replacement or reconstruction project. Under CEQA Guidelines § 15004(b)(4), this Development Agreement comprises a preliminary agreement not subject to CEQA insofar as the Intersection Improvements and New Drive-Thru are concerned.
I. Pursuant to MPMC § 2.56.020(c), the City Council found this Agreement and its purposes are consistent with the goals, policies, standards, and land use designations specified in the Monterey Park General Plan and will provide for an orderly development of the Shopping Center Modernization Improvements and, if approved, the Intersection Improvements and New Drive-Thru in accordance with the objectives set forth in the Monterey Park General Plan and MPMC.
J. On _________ 2024, the City Council adopted Ordinance No. _________ approving this Agreement including rezoning of the Property as BRDZ ( the “ Initial Project Approvals” for the Shopping Center Modernization Combined Improvements). The Initial Project Approvals became effective on ____________ 2024.
K. The term or duration of this Agreement has a commensurate relationship to the benefit(s) provided to City.
2 As codified in MPMC Chapter 21.45.
3 As adopted pursuant to Measure JJ on November 3, 2020.
3 167659690.14
ARTICLE 1
DEFINITIONS
1.1. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Agreement . Words and phrases not defined in this Section have the meaning set forth in this Agreement; the MPMC; the Development Agreement Statute; or in common usage.
1.2. “Applicable Rules ” means all of the ordinances, rules, regulations and officials policies governing the Combined Improvements as set forth in Article 3. without limitation , the City’s zoning regulations and building regulations, adopted as of the Effective Date. Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, setbacks, and development standards, the provision for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property.
1.3. “CEQA” has the meaning defined in Recital H.
1.4. “City” means the City of Monterey Park and its successors and assigns.
1.5. “City Council” means the City Council of Monterey Park, its governing body.
1.6. “C
ombined Improvements” has the meaning established in Recital D and the exhibits referenced therein, which are incorporated by reference.
1.7. “Combined Improvements Approvals” has the meaning set forth in Section 3.4.
1.8. “Developer” means, individually, and “Developers” means, collectively, the Parties who have signed this Agreement as Developer, and, subject to the restrictions on assignment set forth herein, successor owners.
1.9. “D
evelop ment Impact Fees” means fees established and adopted pursuant to the Mitigation Fee Act (Government Code §§ 66000, et seq.) and the MPMC. Develop ment Impact Fees do not mean or include Processing Fees. The Develop ment Impact Fees to be pai d for the Combined Improvements are set forth in attached Exhibit F, which is incorporated by reference.
1.10. “Development Agreement Regulations” means MPMC Chapter 21.44.
1.11. “Development Agreement Statute” has the meaning set forth in Recital A.
4 167659690.14
1.12. “Discretionary” means a City action or approval requiring the exercise of judgment, deliberation, or discretion on City’s behalf , including that of any board, agency, commission, officer, or employee in the process of approving or disapproving a particular activity, as distinguished from any ministerial activity which merely requires City to determine whether there has been compliance with statues, ordinances, or regulations.
1.13. “Effective Date” means _____________________, which is the date the Term commences and is the date the Initial Project Approvals become effective.
1.14. “General Plan” means the City of Monterey Park General Plan, as it exists as of the Effective Date.
1.15. “Initial Project Approvals” has the meaning set forth in Recital J.
1.16. “Intersection Improvements” has the meaning set forth in Recital D.
1.17. Minor Change” means changes, modifications, or adjustments which are consistent with the overall intent of the Combined Improvements Approvals and which do not materially alter the overall nature, scope, or design of the Combined Improvements including, without limitation, minor changes in locations of the Combined Improvements Buildings or infrastructure, relocation of no more than 30% of the total approved leasable Combined Improvements Building square footage, the construction or provision of additional parking spaces within the building envelope of any Parking Areas, and/or the configuration of internal circulation elements.
1.18. “New Drive-Thru” has the meaning set forth in Recital D.
1.19. “Party” means, individually, and “Parties” means, collectively, the parties to this Agreement, consisting of City (and its successors and assigns) and Developer (including, subject to the restrictions on assignment set forth herein, successor owners).
1.20. “Processing Fees” means all processing fees and charges required by City that are applied uniformly to all construction or development related activity including, without limitation, fees for land use applications, building permit applications, building permits, grading permits, shoring and excavation permits, hauling permits, encroachment permits, demolition permits, subdivision or parcel maps, lot line adjustments, street vacations , inspections, certificates of occupancy, and plan check. Processing Fees does not mean or include Developer Fees.
1.21. 1.22. “Property” has the meaning set forth in Recital D.
1.23. “Shopping Center Modernization Project” has the meaning set forth in Recital D.
5 167659690.14
1.24. “Subsequent Permits” is defined in Section 4.1.1.
1.25. “Uniform Codes” means those uniform codes adopted by reference in the MPMC in accordance with Government Code §§ 50022.2, et seq. as required by applicable law including, without limitation, Health and Safety Code § 18944.5 and Title 24 of the California Code of Regulations. The Uniform Codes govern building and construction standards including, without limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.
1.26. “Vested Rules” are defined in Section 3.1.
ARTICLE 2
GENERAL PROVISIONS
2.1. P
roperty Subject to This Development Agreement. This Agreement benefit s and encumbers the Property. The Property is to be developed with the Shopping Center Modernization Improvements and, if approved by City, the Intersection Improvements and New Drive -Thru, subject to the terms and conditions set forth herein.
2.2. Term of Agreement. T he Term of this Agreement commences upon the Effective Date and continues in full force and effect for five years pursuant to MPMC § 21.44.020(E) unless terminated earlier by its terms (“Term”).
ARTICLE 3
AP
PLICABLE RULES, REGULATIONS, AND POLICIES
3.1. V ested Rules . “Vested Rules” mean, collectively, the ordinances, resolutions, rules, regulations, requirements, and official policies of City in effect as of the Effective Date which govern the following, to the extent applicable to the Property: development agreements; permitted uses; density and building intensity; growth control; zoning designations and regulations; subdivision, improvement, grading, landscaping and signage; design, development, improvement, and construction standards and specifications; standards and requirements for public reservations and dedications, public improvements and facilities; transit, parking, open space, employee housing and affordable housing; standards and requirements for processing of Subsequent Permits (as defined in Section 4.1.1); and the Combined Improvements Approvals described in Section
3.4. The Vested Rules do not include: (i) U niform Codes, or changes thereto from time to time; (ii) Development Impact Fees or fee calculation methods; or (iii) fees imposed by other governmental agencies, whether or not collected by City on behalf of such agencies. A list of the Vested Rules as of the Effective Date is attached as Exhibit G, and incorporated by reference .
Various Subsequent Permits, such as tentative subdivision maps, grading permits and use permits, are or may be required in order to implement the development of the Combined Improvements under the terms of the Vested Rules. In addition, Subsequent Permits, such as a change in zoning
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standards, may be desirable due to changes in development products or standards or for other reasons during the Term of this Agreement. This Agreement and the vested right to develop are not intended to preclude changes or additions to the Vested Rules which are mutually acceptable.
Developer takes notice pursuant to Government Code § 66020(d) that City is imposing exactions upon the Combined Improvements in accordance with the Mitigation Fee Act (Government Code § 66000, et seq .). Developer is informed tha t it may protest exactions in accordance with Government Code § 66020. Developer knowingly and willingly waives any rights it may have under Government Code § 66020 or any other provision of law to protest the imposition of any fees, dedications, reservations, or exactions imposed on the Combined Improvements as authorized by this Agreement.
3.2. U
niform Codes Not Vested. Section 3.1 does not apply to City’s enforcement of the “U niform Codes” regulating building or construction standards which will apply to the Combined Improvements at the time City issues building permits.
3.3. Changes to the Vested Rules . A ll Subsequent Permits will be processed in accordance with the procedures, standards, and requirements set forth in the Vested Rules, except to the extent changes to the Vested Rules are proposed by the Subsequent Permit. In that case, the processing of the Subsequent Permit is not subject to the Vested Rules. Any approved Subsequent Permit will be incorporated into (and amend or supplement, as appropriate) the Vested Rules upon adoption by City and approval by the affected Developer. If Developer proposes any amendment or addition to the Vested Rules, then the application therefor will clearly indicate such request, and, if the application is approved by City , then City’s action will clearly state the Vested Rules were amended or supplemented. City must consider any such request in its sole discretion. If an amendment or supplement to the Vested Rules is adopted by City other than pursuant to an application by Developer, then it may amend or supplement to Vested Rules only if the affected Developer approved the same in writing.
3.4. Combined Improvements
Approvals. “ Combined Improvements Approvals”
means: (a) the Initial Project Approvals ; (b) the CEQA D etermination; (c) any amendments or additions to the Initial Project Approvals applied for by Developer and approved by City; and (d) and any Subsequent Permits (as defined in Section 4.1.1) which are subsequently issued by City upon application by Developer (or with Developer’s written consent in Developer’s sole and absolute discretion), in accordance with the procedures described in Section 3.1. The Combined Improvements Approvals are included in the Vested Rules. The permitted uses, the density or intensity of use, the zoning, the maximum height and size of buildings, the provisions for reservation and dedication of land, and the subdivision or use permit improvement requirements for the Combined Improvements are set forth in Exhibits D and Exhibit E as supplemented by Subsequent Permits issued in conformance with the Vested Rules.
3.5. Vested Right to Develop. D uring the Term of this Agreement, with regard to the Combined Improvements listed in Recital D and the Property legally defined in Exhibit A , Developer is assured, and City agrees, the development rights, obligations, terms and conditions specified in the Combined Improvements Approvals, the other Vested Rules, and this Agreement are fully vested in Developer and may not be changed or modified by City , whether by
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administrative action, legislative action, or vote of the electorate, except as may be expressly permitted by and in accordance with the terms and conditions of this Agreement, or as may be expressly consented to by Developer. Developer has the vested right to develop and construct the Combined Improvements on the Property and each portion thereof, in accordance with the Combined Improvements Approvals, the other Vested Rules, and this Agreement.
3.6. N
o Conflicting Enactments . Except as provided in Section 3.5 of this Agreement, during the Term of this Agreement, City will not, without the prior written consent of Developer, do any of the following:
3.6.1 A pply to the Property, or any portion thereof, any change in the Vested Rules or any new or amended rule, ordinance, resolution, regulation, requirement, or official policy which conflicts with or is inconsistent with this Agreement, or which reduces the development rights provided by this Agreement, or which limits or reduces the permitted uses allowed under the Vested Rules, or which discriminates against Developer or the Combined Improvements or any portion thereof, or which applies only to the Combined Improvements or a portion thereof;
3.6.2 Apply to the Property any new rule, ordinance, resolution, regulation, requirement, or official policy which requires any additional Discretionary review or approval; or
3.6.3 Apply to the Property any new or amended rule, ordinance, resolution, regulation, requirement, or official policy that materially, adversely affects the timing or phasing of construction or development or that limits the availability of utilities, infrastr ucture, or public services for the Property.
3.7. T
erm of Combined Improvements Approvals . The term of any Combined Improvements Approvals approved for any portion of the Property, whether existing or subsequently approved, is hereby automatically extended for the Term of this Agreement. A development moratorium adopted or implemented by City does not apply to the Property, as further described in Section 3.9. T he term of this Agreement and all Combined Improvements Approvals are extended for a period equal to any period of time during which: (a) a development moratorium exists including, without limitation, a water or wastewater moratorium, or the actions of public agencies (other than City) that regulate land uses, development or providing services to the Property, that prevents, prohibits, or delays the construction of the Combined Improvements ; or (b) a lawsuit involving any development approvals or permits for the Combined Improvements is pending. In addition, pursuant to Government Code § 66452.6(a)(1), the term of any tentative map approved for any portion of the Property, whether as stated in the existing Combined Improvements Approvals, or as stated in any subsequent amendment or addition to the Combined Improvements approvals including, without limitation , any tentative parcel map, tentative map, vesting tentative map, or vesting tentative parcel map, any amendment of any such map, and any subdivision improvement agreement entered into in connection with any of the aforementioned maps, will be automatically extended for the Term of this Agreement.
3.8. Initiatives/Referendum. A
ny law enacted or imposed after the Effective Date by
initiative or referendum, or by the City Council, directly or indirectly, in connection with any
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proposed initiative or referendum, which law would conflict with the vested rights to develop granted to Developer under this Agreement will, to the maximum extent permitted by law, not apply to the Property.
3.9. M
oratoria; Growth Control Measures. Developer’s rights to develop the Combined Improvements on the Property in conformance with the Vested Rights under this Agreement prevails over any growth control measure or development moratorium adopted or implemented by City after the Effective Date, whether adopted specifically to prohibit construction of the Combined Improvements or any portion thereof, or as an interim measure during the processing of contemplated General Plan, Specific Plan, or zoning changes, or as a general growth control management measure.
3.10. Effect of Inconsistent State or Federal Laws . T
his Agreement may be modified or
suspended as may be necessary to comply with the State of California or Federal legislation, case law, codes, or regulations enacted/issued after the Effective Date, which preempt local jurisdiction and which prevent or preclude compliance with one or more provisions of this Agreement; provided, however, that such modification or suspension will be made to the minimum extent necessary and only after the Parties have met and conferred in good faith to determine the feasibility of such modification or suspension and to minimize its effect on the rights of the Parties and fulfillment of the purposes and intent of this Agreement. The Parties will cooperate to process applications for any City or governmental approvals which may be required as a result of any such modification or suspension of this Agreement.
3.11. Public Works. D
eveloper must construct any facilities or improvements which will be dedicated to City or any other governmental agency upon completion in the same manner and to the same standards as would be applicable to City or such other governmental agency should it have undertaken construction.
3.12. Business Recovery Development Agreement Zone (“BRDZ”). This Agreement is intended to activate the BRDZ as set forth in the MPMC. Pursuant to MPMC Chapter 21.45, this Agreement allows for the following:
3.12.1 Land Uses. S
ee Exhibit D.
3.12.2 Development Standards. See Exhibit E.
ARTICLE 4
PROCESSING AND IMPLEMENTATION OF SUBSEQUENT PERMITS
4.1. S ubsequent Permits.
4.1.1 Defined. “Subsequent Permits” means the land use, development, and building approvals which are to be processed for approval by City and which are necessary or
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appropriate in order to develop the Combined Improvements in accordance with the Vested Rules, this Agreement, and the Initial Combined Improvements Approvals, including, without limitation, zone changes, master plans or amendments thereto, any and all permits and/or approvals that are part of development maps, subdivision improvements plans and agreements, design review, site plans, landscape plans, preliminary grading plans, grading plans and permits, building plans and permits, and environmental determinations. The Subsequent Permits include any permits and approvals required to complete the infrastructure and improvements necessary to develop the Property (collectively, the “Improvements”), in accordance with this Agreement and the Vested Rules including, without limitation, (a) if and when approved by the City Council, (1) the Proposed Intersection Improvements (as defined in Section 4.2.3(a) below) ; (2) the Proposed Drive -Thru Approvals (as defined in Section 4.2.3(b) below); and (b) those related to: (1) clearing the Property; (2) preliminary grading or grading of the Property; ( 3) construction of roads and storm drainage facilities; (d) construction of all commercial structures and all structures and facilities accessory thereto, subject to the limitations set forth in this Agreement. The grant of vested rights to Developer pursuant to this Agreement does not waive or remove any requirement to process and obtain Subsequent Permits for the Combined Improvements, to the extent required under the Vested Rules, this Agreement, and the Initial Combined Improvements Approvals.
4.1.2 S
tandard of Review . City agrees applications for Subsequent Permits will be processed in good faith and granted on terms and conditions in conformance with this Agreement, the Initial Project Approvals, and the Vested Rules. In the event any conflict arises between the terms and conditions of a Subsequent Permit and this Agreement, the provisions of this Agreement prevail unless otherwise agreed to in writing by City and the affected Developer.
4.2. Obligations Relating to Certain Subsequent Permits.
4.2.1 Shopping Center Modernization Improvements City Obligations. City and Developer acknowledge that City has approved, as of the Effective Date, the Shopping Center Modernization Improvements project, consisting of both the Initial Approvals and all Subsequent Permits necessary for the infrastructure improvements to Building C as generally described in Exhibit H., which is incorporated by reference City agrees to cooperate with Developer as necessary, subject to the Parties’ obligations in Section 10.9.1, to cause such Initial Approvals to become Final Approvals.
4.2.2 Shopping Center Modernization I mprovements Developer Obligations .
Upon the Initial Approvals becoming Final Approvals, Developer must commence construction of the infrastructure improvements to Building C within 180 days as generally described in Exhibit H.
4.2.3 Intersection Improvements and New Drive-Thru City Obligations. City and Developer acknowledge that Developer previously submitted engineering and design plans for the Intersection Improvements and City has conducted its preliminary review of such engineering and design plans. City will:
(a) By April 30, 2025, bring forward to the City Council for its c
onsideration, all permits and approvals necessary for the Intersection Improvements as generally depicted on Exhibit B with all required encroachment permits and other authorizations for
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Developer to construct and dedicate to City, and for City to accept, the Intersection Improvements (together, the “Proposed Intersection Approvals”).
(b) B y April 30, 2025, bring forward to the City Planner for consideration, all permits and approvals for development of the New Drive -Thru as generally depicted on Exhibit C (together, the “Proposed Drive -Thru Approvals”) in accordance with MPMC § 21.32.200.
(c) S ubject to City granting the Proposed Intersection Approvals, accept, without unreasonable delay, upon completion, those components of the Intersection Improvements proposed for dedication to the City in the Proposed Intersection Approvals.
4.2.4 I ntersection Improvements and New Drive -Thru Developer Obligations.
Developer must, subject to the additional provisions of Section 4.2.5:
(a) W ithin 60 days of the Effective Date of this Agreement, submit an application to City for demolition of Building A to the extent necessary to accommodate the New Drive-Thru with a request that this demolition permit be processed concurrently with applications for the New Drive-Thru, once submitted.
(b) By December 15, 2024 submit, or cause to be submitted, a design review application and any other permit application required for development of the New Drive - Thru.
(c) Subject to City granting the Proposed Intersection Approvals, and the demolition permit described in Section 4.2.4(a) having been approved and becoming Final Approvals, commence demolition of Building A w ithin 30 days of the Proposed Drive Thru- Approvals,.
(d) Subject to City granting the Proposed Drive-Thru Approvals and the Proposed Intersection Approvals having been approved and becoming Final Approvals, commence construction of the Intersection Improvements within 60 days of such approvals.
4.2.5 A
dditional Provisions Relating to Intersection Improvements and New Drive-Thru Obligations.
(a) Developer must within 30 days of the Effective Date of this Agreement obtain a cost estimate fo r completion of the Intersection Improvements shown in Exhibit B. None of Developer’s obligations pursuant to Sections 4.2.4(b) through (d) arise unless and until Developer, in its sole discretion, approves in writing such cost estimate, including any contingency included in such estimate. If Developer has not approved a cost estimate for the Intersection Improvements within 45 days of the Effective Date (the “Intersection Estimate Date”), the parties’ respective obligations described in Sections 4.2.3 and 4.2.4 shall be excused and the parties shall meet and confer for 30 days following the Intersection Estimate Date to determine whether there is a mutually agreeable set of alternative obligations relating to Developer’s plans for the Shopping Center.
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(b) The parties acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, termination or expiration of this Agreement or of Developer’s obligations pursuant to Section 4.2.5(a) above or default by Developer of any of its obligations under this Agreement including, without limitation, Section 4.2.4, will not result in termination of the BRDZ zoning designation established for the Property or the allowable land uses and development standards established for the Property reflected in Exhibit D and Exhibit E, provided Developer satisfies its obligations pursuant to Section 4.2.2. Notwithstanding anything to the contrary elsewhere in this Agreement, this Section 4.2.5(b) will survive termination or expiration of this Agreement.
4.3. Processing. S
ubject to compliance with the Vested Rules and other applicable laws, the Subsequent Permits will be reviewed, processed, and acted upon by City, provided that: (a) applications for such approvals are submitted to City during the Term of this Agreement; (b) the applications are deemed complete pursuant to the Vested Rules; and (c) there is no uncured Event of Default under the terms and conditions of this Agreement with respect to the portion of the Property for which such approval is sought. City agrees it will not unreasonably withhold or unreasonably condition any Subsequent Permit or other required City action, whether Discretionary or ministerial, necessary in order for the Combined Improvements to proceed, provided that Developer reasonably and satisfactorily complies with all preliminary procedures, actions, payments of Processing Fees, and criterial generally required of developers by City for processing applications for developments and consistent with this Agreement.
4.4. Development Fees. D
ue to the consideration and benefits as described in Section
5.1, the following apply to the development fees described below:
4.4.1 Development Impact Fees. D eveloper will pay those Development Impact Fees established and adopted pursuant to the Mitigation Fee Act (Government Code §§ 66000, et seq.) and the MPMC to the extent listed, and in the amounts shown, in Exhibit E. Except for Processing Fees, Developer’s obligations with regard to the payment of any fees in connection with the Combined Improvements or the Combined Improvements Approvals is limited to those Development Impact Fees listed in Exhibit E.
4.4.2 Processing Fees. Developer must pay the Processing Fees in effect on the date the City Council approves this Development Agreement.
4.5. Other Local, State, Federal Approvals . T he Parties contemplate that development of the Combined Improvements pursuant to this Agreement may be subject to the approval of other governmental agencies. The Parties will act in good faith and use reasonable effort and diligence to process and obtain such approvals in a manner and on terms and conditions that are consistent with, and implement, this Agreement, the Combined Improvements Approvals and the Vested Rules. If any revisions or corrections of plans for Combined Improvements Approvals approved by City is required by any other governmental agency, then the Parties will cooperate reasonably and in good faith to develop a mutually acceptable solution.
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ARTICLE 5
PUBLIC BENEFITS
5.1. P ublic Benefits. The Parties acknowledge and agree that Developer’s agreement to perform and abide by the covenants and obligations set forth herein is material consideration for City’s agreement to perform and abide by the covenants set forth herein, including without limitation the following specific public benefits for this Agreement:
• D
evelopment of new and relevant uses in the northern portion of the existing Shopping Center, which has had recent vacancies.
• Development of land uses complementary to surrounding commercial land uses and with low impacts on existing infrastructure and minimal burdens on surrounding properties.
• Generation of retail sales tax and property tax.
• Improvement of the public right-of-way along S. Atlantic Boulevard. • Installation of enhanced landscaping along the S. Atlantic Square right-of-way and northern portion of the Shopping Center in connection with the Combined Improvements.
• Payment of operation and maintenance costs for the Intersection Improvements.
5.1.1 C
onstruction and Funding of Combined Improvements Facilities and Infrastructure. Developer must fund or ensure the funding of the construction of the Combined Improvements at the time improvements are needed to satisfy the requirements of the Combined Improvements Approvals. All obligations in Section 5.1 regarding the Intersection Improvements are contingent upon City’s approval of the Intersection Improvements. Except as otherwise specifically set forth herein, Developer has no responsibility for the operation, maintenance, repair or replacement of the Intersection Improvements once construction of such Intersection Improvements is complete. Nevertheless, Developer understands and agrees that it must reimburse City for all regular operation and maintenance costs related to the Intersection Improvements , subject to the limitations in Section 5.1.3 below, and any unanticipated maintenance costs.
Developer’s obligations shall not include the costs of repairing damage to the Intersection Improvements caused by third parties.
5.1.2 Dedications. E
xcept as may be shown by Developer on applications
submitted to City for Proposed Intersection Approvals and/or Proposed Drive-Thru Approvals, no dedications to City of rights-of-way or other interests in real property owned by Developer within the Property are proposed or required.
5.1.3 Operations and Maintenance Costs. Developer must reimburse City for the operations and maintenance (“O&M”) costs of the Intersection Improvements for the projected lifetime of such Intersection Improvements. The annual O&M costs are projected to be $ 1,200, annually; the projected lifetime of the Intersection Improvements is 20 years. Developer may reimburse City on a monthly basis or as an annual lump sum amount payable on or before
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December 31st of each year during the Intersection Improvement lifetime. The O&M costs will increase on an annual basis based upon consumer price index, not to exceed 4% per annum. This Section will survive termination of this Agreement. Developer’s obligation for reimbursement to City of O&M costs is capped at 150% of the projected amounts set forth in this Section 5.1.3 regardless of the amount of actual costs incurred by the City.
5.1.4 E
xtraordinary Maintenance Costs. In addition to the O&M costs, Developer must reimburse City for an extraordinary maintenance costs for the Intersection Improvements resulting from unforeseen events such as fire, storm, or other calamity. City will prepare an invoice for such extraordinary maintenance costs and provide it to Developer within 30 days after maintenance is completed. Developer must pay City within 30 days after receiving such invoice.
Any dispute regarding the amount of such extraordinary maintenance costs will be resolved in accordance with the dispute provisions of this Agreement. This Section will survive termination of this Agreement.
5.1.5 Surety. T
o secure Developer’s obligations as to the O&M costs, Developer must provide a surety to City, in a form approved by the City Attorney, equal to five years of estimated O&M costs. The surety must remain in place during the duration of the Intersection Improvements lifetime. This Section will survive termination of this Agreement.
ARTICLE 6
RE
VIEW OF COMPLIANCE
6.1. A nnual Review . City will conduct reviews in accordance with applicable law to determine whether Developer is acting in good faith compliance with the provisions of this Agreement. Appropriate fees to cover City’s costs to conduct the annual review will be collected from Developer in compliance with the MPMC.
6.2. Procedure for Review . T
he City Manager, or designee, will conduct the review
contemplated by this Article 6 to ascertain whether Developer reasonably complied in good faith with the material terms and conditions of this Agreement during the period for which the review is conducted. The City Manager, or designee, will give Developer notice that any such review has been commenced, and give Developer at least 20 days to provide the City Manager such information as Developer deems relevant for such review. In addition, upon writte n request, Developer must furnish such documents or other information reasonably requested by the City Manager.
6.3. Result of Review. I
f, following such a review, the City Manager, or designee, finds good faith compliance by Developer with the terms and conditions of this Agreement, the City Manager, or designee, will issue to Developer an executed certificate of compliance. The certificate of compliance will state: (a) the Agreement is unmodified and in full force and effect (or identifying any modifications); (b) there are no uncured defaults under the Agreement by the certifying Party or, to the certifying Party’s knowledge, by any other Party (or specifying any such
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defaults); and (c) any other information reasonably requested regarding the status of the Agreement and performance by the Parties.
If, following such a review, the City Manager, or designee, finds that Developer has not complied in good faith with the terms and conditions of the Agreement, the City Manager, or designee, will provide notice to Developer detailing such non- compliance. Upon receipt of such notice, Developer may commence to cure the stated non-compliance in accordance with the terms of this Agreement including, without limitation, Section 8.1. If Developer fails to cure the non- compliance pursuant to the terms of this Agreement including, without limitation, Section 8.1, the City Manager, or designee, may notify the City Council. Developer may dispute any such claim of non-compliance or failure to cure at a public hearing before the Agreement may be modified or terminated.
ARTICLE 7
ASSIGNMENTS; MORTGAGEE PROTECTION
7.1. R ight to Assign
7.1.1 Right to Assign. Subject to Section 7.2 of this Agreement with respect to the rights of a mortgagee, Developer may assign or transfer any portion of its interests, rights, or obligations (“Rights”) under this Agreement and the Initial Project Approvals and Subsequent Permits to third parties acquiring successor interests in the Combined Improvements or Property, or any portion thereof including, without limitation, purchasers or long-term ground lessees of the parcels or facilities located on or within the Property.
7.1.2 A ssumption of Assigned Obligations and Rights. As a condition to any assignment or transfer under this Agreement, any person or entity accepting such assignment (“Assignee”) must assume all of the obligations and rights of this Agreement as they pertain to the portion of the Property being transferred to the Assignee.
7.2. Right to Mortgage. D
eveloper or its successors may assign, pledge, or otherwise encumber its rights and interests under this Agreement for security purposes to a mortgagee of any defined lot(s) without City’s consent. Nothing contained in this Agreement restrict s Developer from encumbering all or any portion of the Property with a m ortgage, deed of trust, or other security device (collectively, “Mortgage” ). No breach of this Agreement will default, render invalid, diminish, or impair the lien of any Mortgage or the rights of any mortgagee, but all of the terms and conditions of this Agreement are binding upon and effective against any person, including any mortgagee or any person, who acquires title to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu for defaults or monetary obligations arising before its acquisition of title to the Property or portion thereof.
7.3. Notice of Default . If C
ity receives written notice from a m ortgagee requesting a copy of any notice of default given to Developer and specifying the address for service thereof, then City will deliver to such Mortgagee, concurrently with the delivery to Developer, any notice given to Developer with respect to any claim by City that such Developer is in default hereunder.
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If City makes a determination of noncompliance hereunder and a Mortgagee has requested notice of such determination, City will also serve notice of such noncompliance on such Mortgagee concurrently with service on Developer. Each Mortgagee may, without obligation, during the same period available to Developer hereunder, to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City’s notice.
ARTICLE 8
DEFAULT; REMEDIES
8.1. E vents of Default. Subject to the provisions of Section 10.17 regarding Unavoidable Delays, Section 7.1 regarding assignment and assumption, and Section 7.2 regarding Mortgagee Protection, the failure by any Party to pay any sum or to perform any obligation required under this Agreement including, without limitation , City’s failure to issue Subsequent Permits for the Combined Improvements in conformance with this Agreement, and such Party’ s failure to cure such default within the specified cure period after receipt of a Notice of Default pursuant to Section 8.2 below, constitute s an “Event of Default ” under this Agreement. Except for its obligations under Section 4.2.4, f ailure by Developer to construct or delay in constructing the Combined Improvements or any portion thereof is not a default or Event of Default under this Agreement, and Developer is not liable to City for damages for failure to construct any portion of the Combined Improvements, unless such failure or delay constitutes a default under the terms of any Final Map, building permit or similar approval, in which event City may exercise any of its normal remedies for default under such permit or approval.
8.2. Notice of Default and Cure . A
ny Party claiming a default under this Agreement
must deliver to the defaulting Party a written notice of default ( “Notice of Default”). The Notice of Default must specify the reasons for the allegation of default with reasonable particularity and the manner in which the default can be cured. The defaulting Party has the right to cure the default within 30 days after receiving the Notice of Default; provided, however, that if the nature of the alleged default is such that it cannot be reasonably cured within 30 days, the n the 30-day period will be extended for the time reasonably required to complete the cure, so long as the defaulting Party commences the cure within the 30- day period and diligently prosecutes the cure to completion thereafter.
8.3. Procedure Upon and Event of Default. A fter the occurrence of an Event of Default, the other Party may give notice of its intent to terminate this Agreement pursuant to Government Code § 65868 and the MPMC implementing said section. Following notice of intent to terminate, or before instituting legal proceedings, the matter must be scheduled for consideration and review at a public meeting of the City Council within 30 days after that notice. Following consideration of the evidence presented in the review before the City Council, the Party alleging the default by the other Party may institute legal proceedings or may give written notice of termination of this Agreement to the other Party; provided, however, Developer may only terminate this Agreement with respect to such portion of the Property then owned by Developer. Evidence of default may also arise in the course of an annual review of this Agreement pursuant to Section 6.1. If Developer is determined by City to be in default pursuant to the procedures for annual review, and after giving
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effect to Developer ’s right of appeal of such determination to the City Council as provided in Section 6.3, then City may give a written Notice of Default pursuant to Section 8.1. If the alleged default is not cured within the cure period set forth in Section 8.2 or within such longer period specified in City’s Notice of Default, or if Developer waives its right to cure such alleged default in writing, then this Agreement may be terminated by City with respect to the portion of the Property then owned by the defaulting Developer.
8.4. R emedies for Non -Defaulting Party. If either Party is in default under the terms of this Agreement, subject to any applicable requirements under Section 8.6 of this Agreement, the other Party may elect to pursue any of the following courses of action: (i) waive such default; (ii) pursue administrative remedies as provided in this Agreement; (iii) pursue any judicial remedies available under the law; or (iv) terminate this Agreement.
8.4.1 U
nless otherwise provided in this Agreement and subject to applicable requirements under Section 8.6 of this Agreement, either Party, in addition to any other rights or remedies, may institute legal action to cure, correct, or remedy any default by the other p arty to this Agreement, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder or to seek specific performance. All remedies available to a Party under this section are cumulative and not exclusive of the other, and the exercise of one or more of these remedies do not constitute a waiver or election with respect to any other available remedy.
In general, each of the P arties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City is not liable in damages to Developer, or to any successor in interest of Developer, or to any other person, and Developer, on behalf of itself and all successors in interest, covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or (d) For any personal or property injuries of third- persons arising from the Intersection Improvements.
8.4.2 No City elected or appointed official, employee, or representative is personally liable to Developer in the event of any Event of Default by City or for any amount which may become due to Developer, or for any obligations under the terms of this Agreement, or for any claims of breach of contract related to this Agreement, or for any claims in the nature of tort related to this Agreement (such as fraud in the inducement).
8.4.3 Informal Discussions. With regard to any dispute between or among the Parties contemplated by this Agreement, within seven days written notice from ether P arty, the City Manager and Developer’s senior executives must meet and attempt in good faith to resolve
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any such disputes through informal discussions, which discussions will not exceed 10 business days unless extended by mutual agreement.
8.5. M ediation . If the Parties are unable to resolve their dispute through informal discussion, then either Party may commence mediation by providing to JAMS (or other mediator mutually agreed to by the Parties) and the other Parties a written request for mediation, setting forth the subject of the dispute and the relief requested. The Parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in all phases of the mediation in good faith. The mediation process will occur in two phases, if necessary, as described below. During the first phase of the mediation, which in no event will exceed 30 days unless otherwise agreed to by the Pa rties, the Parties will attempt to resolve their dispute in accordance with JAMS standard mediation procedures. If the Parties are unable to resolve their dispute during this first phase of the mediation process, then the second phase of the mediation proc ess will be conducted in a manner consistent with this Section. If the Parties are unable to resolve their dispute through the first phase of mediation, as described above, the Party that commenced mediation (the “Complaining Party”), will have 10 business days from the expiration of the 30 day period described above to file a brief with the other Party (the “Responding Party”) and with the mediator presiding over the first phase of the mediation process (the “Mediator”), which brief must set forth the merits of the Complaining Party’s position regarding the issues raised during the first phase of mediation (the “Initial Brief”). The Responding Party will have 10 business days from its receipt of the Initial Brief to file a brief with the Mediator and the Co mplaining Party responding to the issues raised in the Initial Brief and setting forth the merits of the Responding Party’s position regarding the issues raised during the first phase of mediation (the “Responding Brief”). The Complaining Party will have five business days from its receipt of the Responding Brief to file a reply brief with the Mediator and the Responding Party replying to the issues raised in the Responding Brief (the “Reply Brief”). In no event will the Initial Brief and the Responding Bri ef be longer than 15 pages and in no event will the Reply Brief be longer than 10 pages. Except as otherwise set forth in this Section 7.05.03, the Initial Brief, the Responding Brief and the Reply Brief will be formatted in accordance with requirements of Rule 3.1110 of the California Rules of Court, unless otherwise agreed to by the Parties. The Mediator will have two weeks following its receipt of the Reply Brief to consider the arguments set forth by the Complaining Party and the Responding Party in their respective briefs and issue an opinion stating which party the Mediator would consider to be the prevailing party if the Mediator were a judge presiding over the dispute in a court of law (the “JAMS Opinion”).
8.5.1 A
ll offers, promises, conduct and statements, including the JAMS Opinion, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Notwithstanding the foregoing, the JAMS Opinion will serve as the basis solely for determining whether, in the event a dispute between the Parties is litigated, either Party will be awarded attorneys’ fees in accordance with this Agreement.
18 167659690.14
8.5.2 Nothing in this Article will in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor will the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the Parties to such meetings. Notwithstanding the forgoing, the JAMS Opinion will be binding on the Parties solely for the purposes of determining whether, in the event a dispute between or among the Parties is l itigated, either party will be awarded Attorneys’ Fees (as defined below) in accordance with this Agreement.
8.5.3 Should any judicial remedy be sought by any Party because of any default under this Agreement or to enforce any provision hereof, or to obtain a declaration of rights hereunder (each individually a “Judicial Action”), the prevailing Party in such Judicial Action is entitled to reasonable attorney’s fees, court costs and such other costs as may be fixed by the court (collectively, “Attorneys’ Fees”), provided the prevailing Party in the Judicial Action was also determined to be the prevailing Party in the JA MS Opinion. For purposes of this Agreement, Attorneys Fees will be calculated from the start of the first phase of mediation and will include all reasonable costs related to the first and second phases of mediation. If the prevailing Party in a Judicial Action was determined to be the losing Party in the JAMS Opinion, then each Party will assume the cost of their own Attorneys’ Fees. Not in limitation of the foregoing, the Parties will assume their own costs related to the informal dispute resolution process described above.
8.6. E
xtension of Agreement Term. The Term of this Agreement as set forth in Section
2.2 will automatically be extended for the period of time in which the Parties are engaged in dispute resolution to the degree that such extension of the Term is reasonably required because activities which would have been completed before the expiration of the Term are delayed beyond the scheduled expiration of the Term as a direct result of such dispute resolution.
ARTICLE 9
AM
ENDMENTS; TERMINATION
9.1. A mendments. Except as set forth in Section 3.1, this Agreement may be modified, amended and/or extended only by mutual written consent of the Parties and must be approved in the same manner as adoption of this Agreement, by ordinance as set forth in the Development Agreement Statute.
9.2. Operating Memoranda. The Parties acknowledge that the provisions of the Agreement require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this Agreement. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this Agreement. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through operating memoranda or implementation agreements approved by the Parties which, after execution, will be attached to this Agreement as addenda and become a part hereof.
19 167659690.14
9.3. Execution of Memoranda . Operating memoranda or implementation agreements may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given.
Any significant modification to the terms of performance under this Agreement will be processed as an amendment of this Agreement in accordance with this Agreement and must be approved by the City Council.
9.4. Effect of Expiration/Termination. E
xcept for the obligations as to the Intersection
Improvements including, without limitation, the defense and indemnification obligations, upon expiration or termination of this Agreement: (a) no Party has any further rights or obligation hereunder except for matters which accrued before such expiration or termination and matters which specifically survive expiration or termination under the express terms of this Agreement; and (b) the underlying Combined Improvements Approvals remain in full force and effect.
ARTICLE 10
M
ISCELLANEOUS
10.1. I nsurance . Before the commencement of any work, Developer must furnish evidence to City that all of the following insurance requirements have been satisfied.
10.2. General. D eveloper must, throughout the duration of this Agreement, maintain, or cause to be maintained, the insurance specified below, to insure Developer and its employees for liability arising out of the work in connection with the Property, Combined Improvements and this Agreement at the minimum levels set forth herein, with City being an additional insured on the CGL and excess or umbrella liability insurance.
10.2.1 Commercial General Liability . C
ommercial General Liability (“CGL”)
insurance with coverage in an amount not less than $2,000,000.00 general aggregate, $2,000,000.00 per occurrence and $2,000,000.00 products/completed operations, and including contractual liability insurance for the in demnification heretofore provided to City (subject to the policy terms, conditions, definitions and exclusions).
10.2.2 Business Auto Coverage . B
usiness Automobile Liability insurance with
coverage in an amount not less than $1,000,000.00 per accident for bodily injury and property damage, covering all vehicles used by Developer (personal, company) and its employees, on or within the Combined Improvements or Property or associated therewith.
10.2.3 Excess or Umbrella Liability Insurance (Over Primary Coverage) . S uch
excess coverage must be at least as broad as the underlying coverage and be provided on a “pay on behalf” basis. The excess or umbrella coverage can be not less than $5,000,000 per occurrence/annual aggregate.
10.2.4 Workers’ Compensation. C
overage must be maintained as required by the
State of California.
20 167659690.14
10.2.5 Insurance Coverage to be Maintained by Developer’s Contractors and Subcontractors. Developer must require by contract that its contractors and subcontractors maintain the same CGL, business auto, excess or umbrella liability and workers’ compensation insurance as set forth in subsections 10.2.1 through 10.2.4, i nclusive, hereof, except that the required minimum limits for the CGL coverage will be $2,000,000 general aggregate, $2,000,000 per occurrence and $2,000,000 products/completed operations, with excess or umbrella liability insurance in the amount of $2,000,000 per occurrence/annual aggregate. The CGL policy must include, contractual liability insurance (subject to the policy terms, conditions, definitions and exclusions).
10.3. Construction; Interpretation. T
his Agreement has been reviewed and revised by
legal counsel for Developer and City , and no presumption or rule that ambiguities may be construed against the drafting party apply to the interpretation or enforcement of this Agreement.
10.4. Agreement Constitutes Legislative Act. Developer acknowledges and agrees that City has approved and entered into this Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity and meaning of this Agreement will be that accorded legislative acts of City.
10.5. Cooperation; Further Assurances. E
ach Party will: (a) deal fairly and in good faith
with the other Part y; (b) not impede the other Part y’s right to receive the benefits of this Agreement; (c) cooperate with and provide reasonable assistance to the other Part y in the performance of this Agreement; and (d) execute such documents or take such further actions as may be reasonably necessary to consummate the performance or to carry out the purpose and intent of this Agreement.
10.6. Counterparts. T
his Agreement, and any documents implementing this Agreement, may be executed in multiple counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument.
10.7. Entire Agreement. T
he Recitals set forth above in this Agreement and the Exhibits attached hereto are incorporated by references into this Agreement as an integrated portion hereof.
This Agreement, including all such Recitals and Exhibits, constitutes the entire agreement of the Parties regarding the subject matter hereof, and all prior or contemporaneous agreements and understandings, whether written or oral, are superseded.
10.8. Governing Law/Jurisdiction. Th
is will shall be governed, construed and enforced
in accordance with the laws of the State of California, and the state courts of Los Angeles County have jurisdiction.
10.9. Legal Challenges—
Defense and Indemnification.
10.9.1 Cooperation in the Event of a Legal Challenge
21 167659690.14
In the event of any administrative, legal or equitable action or other proceeding instituted by any person or entity not a party to the Agreement challenging the validity of any provision of this Agreement; challenging any agreement between City and other government agencies entered into at the request of Developer to facilitate the development of the Property; challenging any of the Combined Improvements Approvals; challenging the sufficiency of any environmental review of either this Agreement or any Combined Improvements Approval under CEQA; or seeking damages because of the Intersection Improvements (each a “Third Party Challenge”), each party must cooperate in the defense of such Third Party Challenge, in accordance with this Section. In light of the Parties’ mutual interests in successfully defending against a Third Party Challenge, the Parties will enter into a joint nondisclosure, indemnity, and litigation defense agreement, which, among other things, will require all communications between Developer and City concerning a Third Party Challenge be kept confidential and not be disclosed by either Party without the written consent of the other Party . Developer agrees to pay City ’s costs of defending a Third Party Challenge, including all court costs and reasonable attorney’s fees expended by City (including the time and cost of the City Attorney) in defense of any Third Party Action, as well as the time of City’s staff spent in connection with such defense. Developer may select its own legal counsel to represent Developer’s interests in any Third Party Challenge at Developer’s sole cost and expense.
City agrees that it will not enter into a settlement agreement to any Third Party Challenge without Developer’s written consent. Developer’s obligation to pay City’ s costs in the defense of a Third Party Challenge does not extend to those costs incurred on appeal unless otherwise authorized by Developer in writing. If Developer elects, in its sole and absolute discretion, not to contest such litigation challenges, City does not have any obligation to contest such challenges. If City elects to contest such challenges after Developer elects not to contest, City will do so at its sole cost.
10.9.2 T
hird Party Challenges Related to the Applicability of City Laws.
The provisions of this Section will apply only in the event of a legal or equitable action or other proceeding, before a court of competent jurisdiction, instituted by any person or entity not a party to this Agreement challenging the applicability to the Combined Improvements or Property of a conflicting City Law (a “Third Party Enforcement Action”):
10.9.3 C
ooperation in Case of a Third Party Enforcement Action.
In the event of a Third Party Enforcement Action, City must (i) promptly notify Developer of such action or proceeding, and (ii) cooperate with Developer so as to most effectively respond to the Third Party Enforcement Action. In no event will City take any action that would frustrate, hinder, or otherwise complicate Developer’s efforts to respond. The Parties to this Agreement agree to cooperate, to the maximum extent permitted by law, in the defense of such action or proceeding. For purposes of this Section, the required cooperation between the Parties includes, without limitation, developing litigation strategies, preparing litigation briefs and other related documents, conferring on all aspects of the litigation, developing settlement strategies, and, to the extent permitted by law, jointly making significant decisions related to the relevant litigation, throughout the course thereof. In light of the Parties’ mutual interests in successfully defending against a Third Party Enforcement Action, all communications between Developer and City concerning a Third Party Enforcement Action must be kept confidential and cannot be disclosed by either Party without the written consent of the other Party.
22 167659690.14
10.9.4 Litigation Costs.
City’s costs of defending any Third Party Enforcement Action, including all court costs, and reasonable attorney’s fees expended by City (including the time and cost of the City Attorney) in defense of any Third Party Enforcement Action, as well as the time of City ’s staff spent in connection with such defense (the “Enforcement Action Defense Costs”), will be paid in accordance with this Agreement. Notwithstanding the forgoing, in no event will the Enforcement Action Defense Costs extend to, nor will Developer or the Combined Improvements be obligated to pay, any costs incurred on appeal unless otherwise authorized by Developer in writing.
10.9.5 S
ettlement.
City must not enter into a settlement agreement or take any other action to resolve any Third Party Enforcement Action without Developer’s written consent. City cannot, without Developer’s written consent, take any action that would frustrate, hinder or ot herwise prevent Developer’s efforts to settle or otherwise resolve any Third Party Enforcement Action.
10.9.6 E
ffect of a Judgment.
Provided that City complies with this Section and provided that Developer is a party to the relevant Third Party Enforcement Action, Developer agrees to be bound by any final judgment (i.e., following all available appeals) arising out of a Third Party Enf orcement Action and further agrees that no default under this Agreement will arise if such final judgment requires City to apply to the Combined Improvements or Property a City Law that conflicts with Applicable Law or this Agreement.
10.9.7 D
efense and Indemnity.
Developer must defend and indemnify City from and against any and all damages, claims, costs and liabilities arising out of the personal injury or death of any third party, or damage to the property of any third party, to the extent such damages, claims, c osts or liabilities result from the construction of the Combined Improvements or the Intersection Improvements by Developer or by Developer’s contractors, subcontractors, agents or employees. Nothing in this Section will be construed to mean that Developer must defend or indemnify City from or against any damages, claims, costs or liabilities arising from, or alleged to arise from, activities associated with the maintenance or repair by City or any other public agency of improvements that have been offered for dedication and accepted by City or such other public agency or for any other public improvements constructed by City or constructed by Developer at direction of City. City and Developer may from time to time enter into subdivision improvement agreements, as authorized by the Subdivision Map Act, which agreements may include defense and indemnity provisions different from those contained in this Section. In the event of any conflict between such provisions in any such subdivision improvement agreement and the provisions set forth above, the provisions of such subdivision improvement agreement will prevail.
23 167659690.14
10.9.8 Effect on Term . The Term of t his Agreement will be tolled from the initiation of any litigation challenging this Agreement or any of the Combined Improvements Approvals until final court action is taken in such Litigation.
10.10. Notices. A ll notices, demands, correspondence and communications ( “Notice”) must be in writing and be either personally delivered or sent by certified mail, postage prepaid, return receipt requested, or delivered by a nationally recognized overnight courier service (which provides a delivery receipt), at the addresses set forth below. Any such Notice will be deemed received on the date of personal delivery or on the date of receipt (or refusal to accept delivery) set forth in the certified mail receipt if sent by U.S. mail or in the receipt provided by the overnight courier service if sent by such service.
City: City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Attn: Ms. Inez Alvarez, City Manager
with a copy to: Burke, Williams & Sorensen LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071
Attn: Mr. Karl H. Berger, City Attorney
TRC: Atlantic Square, LLC
dba TRC
4695 MacA rthur Court, Suite 700
Newport Beach, CA 92660
Attn: Tim Pettit, CEO and
Scott Grady, EVP of Development
with a copy to: Matthew S. Gray
Perkins Coie LLP
505 Howard Street, Suite 1000
San Francisco, CA 94105
10.11. P
rivate Undertaking. It is expressly understood and agreed by the Parties that the development contemplated by this Agreement is a private development, no Party is acting as the agent of any other Party in any respect hereunder, and Developer has full power and exclusive control over its properties including the Property subject only to the limitations and obligations of Developer under the Vested Rules and this Agreement. Nothing contained in this Agreement or in any document executed in connection with this Agreement will be construed as making City and Developer joint venturers or partners.
10.12. Recordation. C
ity will cause this Agreement to be recorded with the Los Angeles County Recorder within 10 days after the Effective Date, pursuant to Development Agreement
24 167659690.14
Statute § 65868.5. Thereafter, if this Agreement is terminated, modified or amended as provided herein, City will record notice of such action with the Los Angeles County Recorder.
10.13. S ection H eadings. Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Agreement.
10.14. Severability. I f any provision or term of this Agreement, or the application of any provision or term of this Agreement to any particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, then the remainder of the Agreement is unaffected and will remain in full force and effect unless enforcement of the Agreement, with such invalidation, would be unreasonable or inequitable under the circumstances or would frustrate the purposes of the Agreement or the rights and obligations of the Parties there under.
10.15. Successors and Assigns; Covenants Running with the Land. S ubject to the
provisions of Section 7.1 governing assignment, the rights and obligations of Developer under this Agreement will be binding upon and inure to the benefit of successor owners of all or any portion of the Property and shall be covenants running with the land.
10.16. Third-P
arty Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person has any right of action based upon any provision of this Agreement.
10.17. Unavoidable Delays or Events. I n addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war, terrorism, pandemic, insurrection, riots, floods, earthquakes, fires, casualties, governmental restrictions imposed or mandated by governmental entities (but only as to delays or performance by Developer), enactment of conflicting state or federal laws or regulations (but only if the Party claiming delay complies at all times with the provis ions of this Agreement pertaining to such conflicting laws), litigation against this Agreement or any of the Combined Improvements Approvals, referendum of this Agreement or any of the Combined Improvements Approvals or similar bases for excused performance (“Unavoidable Delay” or “Unavoidable Event”). Upon the occurrence of an Unavoidable Event, the time for performance will be extended, for the duration of the Unavoidable Delay. Notwithstanding the foregoing, none of the following constitute s an Unavoidable Event: (i) delays caused by market forces beyond the Parties’ control; (ii) delays caused by the delay or failure by any entity other than the Party claiming such delay to provide financing for construction of the Combined Improvements or any portion thereof; (iii) delays related to the cost or unavailability of financing, construction contractors, consultants, or labor; or (iv) delays related to economic conditions locally, regionally, statewide, nationwide, or worldwide.
10.18. Waiver. N
o waiver of any provision of this Agreement is effective unless it is in writing and signed by a duly authorized representative of the Party against whom enforcement of the waiver is sought. No waiver of any right or remedy is deemed a waiver of any right or remedy with respect to any other occurrence or event.
25 167659690.14
10.19. Authorization. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.
26 167659690.14
IN WITNESS WHEREOF, the Parties have executed this Development Agreement to be effective as of the Effective Date first set forth above. “CITY”
CITY OF MONTEREY PARK
a municipal corporation
Dated: __________________, 2024 By: _____________________________ Thomas Wong, Mayor
ATTEST:
________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
__________________________
Karl H. Berger, City Attorney
“TRC” or “Developer”
Atlantic Square, LLC
a Delaware limited liability company
Dated: __________________, 2024 By: _____________________________
APPROVED AS TO FORM:
PERKINS COIE, LLP
By: _________________________
Matthew S. Gray, Esq.
Developer’s Attorney
169316373.1
Exhibit A:
The Property
THAT PORTION OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 12 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF MONTEREY PARK, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, TOGETHER WITH THOSE PORTIONS OF RANCHO SAN ANTONIO, AS SHOWN ON MAP RECORDED IN BOOK 1 PAGE 389 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THE WEST LINE OF LOT 35 OF TRACT NO. 15044, AS PER MAP RECORDED IN BOOK 330 PAGES 28 TO 30 INCLUSIVE OF MAPS,
RECORDS OF SAID COUNTY, AS SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH O DEGREES 39 MINUTES 50 SECONDS WEST 7.42 FEET; THENCE
LEAVING SAID WEST LINE AND ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED
IN DEED TO THE CITY OF MONTEREY PARK, FOR PUBLIC STREET PURPOSES, RECORDED IN BOOK 46376 PAGE 125 OF OFFICIAL RECORDS, NORTH 37 DEGREES 44 MINUTES 38 SECONDS WEST 6.23 FEET; THENCE SOUTH 52 DEGREES 13 MINUTES 16 SECONDS WEST
50.00 FEET; THENCE SOUTH 37 DEGREES 44 MINUTES 38 SECONDS EAST 50.55 FEET; THENCE SOUTH O DEGREES 37 MINUTES 53 SECONDS EAST 267.83 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
30.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 DEGREES 58 MINUTES 19 SECONDS, AN ARC DISTANCE OF 47.11 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 89 DEGREES 20 MINUTES 26 SECONDS WEST 63.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 560.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 DEGREES 52 MINUTES 09 SECONDS, AN ARC DISTANCE OF 516.73 FEET; THENCE TANGENT FROM SAID CURVE, NORTH 37 DEGREES 47 MINUTES 25 SECONDS WEST 55.31 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 30.00 FEET, AS SAID CURVE BEING TANGENT AT ITS POINT OF ENDING WITH THE SOUTHEAST LINE OF ATLANTIC BOULEVARD, 100
FEET WIDE, AS ESTABLISHED BY DECREE OF CONDEMNATION ENTERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN SAID COUNTY, AS CASE NO. 24-9026, A CERTIFIED COPY OF SAID DECREE WAS RECORDED IN BOOK 9388 PAGE 323 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 01 MINUTES 28 SECONDS, AN ARC DISTANCE OF 47.14 FEET; THENCE ALONG SAID SOUTHEAST LINE, NORTH 52 DEGREES 14 MINUTES 03 SECONDS EAST 1,346.48 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 750.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 DEGREES 43 MINUTES 33 SECONDS, AN ARC DISTANCE OF 415.29 FEET TO A BRASS CAP MONUMENT IN THE SOUTHWEST CORNER OF LOT 190 OF TRACT NO. 15897, AS PER MAP RECORDED IN BOOK 363 PAGES 9 TO 11 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTH LINE OF SAID TRACT NO. 15897, NORTH 89 DEGREES 12 MINUTES 26 SECONDS EAST 219.69 FEET TO A POINT IN THE WEST LINE OF BRADSHAWE AVENUE, 60 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 14993, AS PER MAP RECORDED IN BOOK 318 PAGES 45 AND 46 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST LINE, SOUTH O DEGREES 39 MINUTES 39 SECONDS EAST 239.09 FEET TO THE MOST NORTHERLY CORNER OF SAID ABOVE MENTIONED TRACT NO. 15044, SAID CORNER BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 61 DEGREES 32 MINUTES 47 SECONDS WEST; THENCE SOUTHWESTERLY ALONG THE NORTHWEST LINE OF SAID TRACT NO. 15044 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 DEGREES 46 MINUTES 03 SECONDS, AN ARC DISTANCE OF 435.56 FEET; THENCE TANGENT FROM
SAID CURVE AND CONTINUING ALONG SAID NORTHWEST LINE, SOUTH 52 DEGREES 13 MINUTES 16 SECONDS WEST 319.10 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF FLORAL DRIVE, 60 FEET WIDE, AS SHOWN ON THE MAP OF SAID TRACT; THENCE CONTINUING SOUTH 52 DEGREES 13 MINUTES 16 SECONDS WEST 528.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 35 OF SAID TRACT; THENCE ALONG THE WEST LINE OF SAID LOT 35, SOUTH 0 DEGREES 37 MINUTES 53 SECONDS EAST 7.81 FEET TO THE POINT OF BEGINNING.
EXCEPT ALL GAS, OIL AND OTHER MINERALS OR HYDROCARBON SUBSTANCES, IN OR
FROM SAID LAND PROVIDED, HOWEVER, NO RIGHT IS RESERVED TO THE GRANTORS,
THEIR SUCCESSORS OR ASSIGNS, TO ENTER ON OR FROM THE SURFACE OF SAID LAND,
THE RIGHT TO ENTER THE SUBSURFACE OF SAID LAND, WHICH IS ALSO RESERVED, SHALL BE AT ANY POINT BELOW A DEPTH OF 100 FEET FROM THE SURFACE THEREOF, (MEASURED VERTICALLY FROM THE SURFACE THEREOF), TO TAKE SAME FROM SAID
LAND AND REDUCE SAME TO POSSESSION, AS RESERVED BY WELLS FARGO BANK & UNION TRUST CO., AND OTHERS, IN THE DEED RECORDED ON MARCH 30, 1953 IN BOOK 41333 PAGE 157, OFFICIAL RECORDS.
169316373.1
Exhibit B:
Intersection Improvements
EX.
RESTAURANT
NO PARKING
COMPACT
COMPACT
VAN
VAN
DETAIL "C" SEE SHEET
2 DETAIL "C" SEE SHEET
2 DETAIL "B" SEE SHEET
2 DETAIL "A" SEE SHEET
2 SHT. __ OF __
CITY OF MONTEREY PARK
DWG. NO.
Orange County
San Luis Obispo
Sacramento
Riverside
Denver
Boise
Dallas
Atlanta
701 North Parkcenter Drive
Santa Ana, CA 92705
p: 714.560.8200
www.tait.com
Since 1964
ENGINEERING ENVIRONMENTAL BUILDING LANDASSOCIATES& UNAUTHORIZED CHANGES & USES:ENGINEERS NOTE TO CONTRACTOR:
STREET IMPROVEMENT PLAN
ATLANTIC BLVD.
MONTEREY PARK, CA
7 FOR REVIEW ONLY
NOT FORCONSTRUCTION
FOR REVIEW ONLY - NOT FOR CONSTRUCTION
UNDERGROUND SERVICE ALERT
TWO WORKING DAYS BEFORE YOU DIG
Call: TOLL FREE
1-800-422-4133
KNOW WHAT'S BELOW.
CALL BEFORE YOU DIG.
N
STREET IMPROVMENT PLAN
3
169316373.1
Exhibit C:
New Drive-Thru
6 6
15 16
NO
PARKING
4 NO
PARKING
EVCS STATION
(VAN ACCESSIBLE)
163' TO ORDER POINT
ATLANTIC BLVD.
FUTURE
EV STALL
FUTURE
EV STALL
FUTURE
EV STALL
FUTURE
EV STALL
312' CAR STACKING26' 18' 18' 26' 18' 18'
EVCSSTATION
10'
10'
10'
7'28'-6"
FUTURE
EV STALL
FUTURE
EV STALL
26'
T
TRASHRECYCLE ORGANIC TRASH
26'
5 TRANSFORMER
EX. TRASH
ENCLOSURE
EX. TRASH
ENCLOSURE
LOADING ONLYNO PARKING
COMPACT COMPACT COMPACT
Pumper Fire Truck
SWITCHGEAR
WEATHERPROOF STRUCUTRE
W
P14 DS WITH STUCCO REV (CUSTOM)
0 SEATS
GROSS:
2,495 SF (IBC / CBC)
15'
BUILDING
SETBACK
PROPOSED LEASE AREA,
PLEASE CONFIRM WITH
LANDLORD
361' CAR STACKING
3'10'2'
4'-1 1/2"
2'-1"10'
26'
11-14-22
Information contained on this drawing and in all
digital files produced for above named project
may not be reproduced in any manner without
express written or verbal consent from
authorized project representatives.
ARCHITECT'S PROJECT #
PRINTED FOR
DATE
SHEET
SHEET NUMBER
SL
DRAWN BY
Chick-fil-A
5200 Buffington Road
Atlanta, Georgia
30349-2998
NO. DATE DESCRIPTION
2012 S ATLANTIC BLVD.
MONTEREY PARK, CA
REVISION SCHEDULE
-
A
05993
CHICK-FIL-A
22-228
1 B
C
D
E
A
B
C
D
E
234
1234
Plan'g, Building, Etc.
STORE #
ATLANTIC & FLORAL DTO
PSP-21
PRELIMINARY SITE PLAN
NORTH
PRELIMINARY SITE PLAN
1" = 20'-0"
06-05-24 PSP 15
06-12-24 PSP 16
06-24-24 PSP 17
06-26-24 PSP 18
07-10-24 PSP 19
07-16-24 PSP 20
08-01-24 PSP 21
XX -
XX -
EASEMENT NOTES
SIR:
SURVEY:
4G PM:
BUILDING SETBACK:
LANDSCAPE SETBACK:
#OF PARKING STALLS
REQUIRED:
DO PATIO SEATS COUNT
TOWARD PARKING?
D/T STACKING:
STANDARD 90° STALL SIZE:
DRIVE AISLE WIDTH:
OVERHANG ALLOWED?
BIKE REQUIREMENT:
NEW CURB CUT?
LOADING ZONING:
TE FRONT OR SIDE
LOADING:
LANDSCAPE ISLAND:
SITE INFORMATION
YES DATE: 07-02-24
YES/ NO DATE: XX-XX-XX
TROY SCHMIDT
N: 0' COMMERCIAL
S: 0' COMMERCIAL
E: 0' RESIDENTIAL
W: 0' ATLANTIC BLVD.
N: 0' COMMERCIAL
S: 0' COMMERCIAL
E: 15' RESIDENTIAL
W: 0' ATLANTIC BLVD.
10 PER 1,000 SQ FT
(2,495 / 1,000) X 10 = 25 STALLS REQUIRED
NO
NOT SPECIFIED
9' W X 18' L
26' - 90°
NO
4 - 4 RACKS PER 50,000 SF OF
COMMERCIAL DEVELOPMENT
N/A, CURBS OUTSIDE OF PL
NO
SUBJECT TO APPROVAL BY THE CITY
PLANNER
EVERY 3 SPACES, MIN. 3'
SITE STATISTICS
47 SPACES TOTAL
PROPOSED LEASE AREA APPROX. : 44,103 S.F. (1.01 AC)
CAR STACK LENGTH: 673 FT TOTAL (33 CARS)
ORDER POINT: 163 FT INNER LANE (8TH CAR)
TABLE 5.106.5.3.1
TOTAL NUMBER OF
ACTUAL PARKING
SPACES
0-9
NUMBER OF
REQUIRED EV
CAPABLE SPACES
NUMBER OF EVCS
(EV CAPABLE SPACES
PROVIDED WITH EVSE)
0 0
10-25
26-50
51-75
4 0
8 2
13 3
TABLE 11B-228.3.2.1 ELECTRIC VEHICLE CHARGING
STATIONS FOR PUBLIC USE AND COMMON USE
TOTAL NUMBER OF
EVCS AT A FACILITY
1-4
VAN ACCESSIBLE
1 0
5-25
26-50
51-75
1. Where an EV charger can simultaneously charge more than one vehicle, the number of EVCS provided shall be considered equivalent to the number of electric vehicles that can be simultaneously charged. 1 0
1 1
1 2
VAN
ACCESSIBLE
STANDARD
ACCESSIBLE
AMBULATORY
0 1
1 2
1 1. Calculation for spaces shall be rounded up to the nearest whole number
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 2 count toward the total number of required EV capable spaces shown in column 2.
2
169316373.1
Exhibits D:
Atlantic Square Allowable Uses (BRDZ)
ATLANTIC SQUARE BUSINESS RECOVERY DEVELOPMENT ZONE
Land Use Regulations
The Land Uses listed in Permitted Uses Table XX.XX are permitted by right, or by Conditional and Administrative Use permit, or by Limitations and Special Standards, and/or as an Accessory Use within the Atlantic Square Business Recovery Development Zone project site as described in the Atlantic Square Business Recovery Development Agreement.
Uses indicated with a ‘P’ are permitted by right. Uses indicated with a ‘C’ are permitted following approval of a Conditional Use Permit. Uses indicated with an ‘L’ are permitted subject to limitations or special standards. Uses indicated with an ‘AUP’ are permitted following approval of an Administrative Use Permit.
In the event a proposed use is not listed herein, the Zoning Administrator shall have the discretion to determine that the proposed use is substantially similar to a listed use, and upon such determination, the proposed use shall be treated for purposes of this Development Agreement as the substantially similar listed use.
Permitted Uses Table XX.XX
Land Use Use
Regulations
Footnotes
Retail
Small Retail, General (£ 10,000 Sq. Ft.) P (F1) Large Retail, General (³ 10,000 Sq. Ft.) P (F1)
Art Gallery/Picture Framing P
Bicycle/Motor Scooter Sales and Supplies P
Catering Service/Ghost Kitchen P
Outdoor Sales AUP MPMC 21.32.200
Plant Nursery P
Swimming Pool Supplies P
Service Business
Adult Care Facility C MPMC 21.32.020
Animal Services
• Animal Grooming
• Veterinary Services/Animal Hospital
• Kennel/Animal Boarding
P
P
P
ATM Kiosk P
Barber Shop/Beauty Salon/Nail Salon P
Copy Center/Parcel Service/Mailbox Service Center P
Checking Cashing Facility P
Day Care Center C MPMC 21.32.020
Day Health Spa
• w/ Massage Establishment
P
L
MPMC 21.10.040(T)
Dry Cleaning (including laundry) P
Land Use Use Regulations Footnotes
Fitness Center (£ 5,000 Sq. Ft.) P
Fitness Center (³ 5,000 Sq. Ft.) P
Laundromat P
Locksmith/Keys P
Massage Establishment L MPMC 21.10.040(T)
Money Transfer Facility (Wire Service) P
Printing and Publishing P
Service/Fueling Station C MPMC 21.32.020
Studio (Art/Dance/Music/Photo/Martial Arts) P
Tailor P
Tattoo Parlor/Body Piercing C MPMC 21.32.020
Eating and Drinking Establishment
Alcohol Sales (on-sale and off-sale) L MPMC 21.10.040(B) MPMC 21.10.230
Bar, Tavern, Cocktail Lounge C MPMC 21.32.020
MPMC 21.10.230
MPMC 21.10.40(G)
Microbrewery/Brew Pub/Wine Room L MPMC 21.10.040(B)
MPMC 21.10.230
Restaurant
w/ Outdoor Dining more than 10% of Gross
Floor Area
P
AUP
-
MPMC 21.10.040(Y)
MPMC 21.32.200
Restaurant, Fast Food
• w/ Drive-through
P
AUP
-
MPMC 21.32.200
Retail Eating Establishment P
Entertainment
Amusement/Game Arcade C MPMC 21.32.020
Concert Hall C MPMC 21.32.020
Comedy Club C MPMC 21.32.020
Commercial Recreation - Indoor AUP MPMC 21.32.200
Commercial Recreation - Outdoor AUP MPMC 21.32.200
Community Center AUP MPMC 21.32.200
Internet Arcade C MPMC 21.32.020
Theater (motion picture) P
Office
Bank/Financial Institution
• w/ Drive-Up ATM Teller
P
AUP
MPMC 21.32.200
Bank, Virtual Teller Branch/Indoor ATM AUP MPMC 21.32.200 Office, Administrative P
Office, Government P
Office, Medical P
Office, Professional P
Office, Service P
Notary Public P
Stockbroker/Trader P
Medical Uses
Acupuncture/Acupressure Clinic/Office P
Clinic (Medical, dental, psychologist, social
work)
P
Medical Spa P
Optometrist/Ophthalmologist P
Physical Therapy/Sports Medicine P
Land Use Use Regulations Footnotes
Education
Business College (Office or Medical/Dental) P
School, Commercial P
School, Private P
School, V ocational or Trade P
Tutoring P
Footnotes:
(F1) All land uses listed as Permitted and Conditional Uses under the Retail subheading in Table 21.10(A) – Permitted Uses in Commercial Zones of Monterey Park Municipal Code Section 21.10.030 shall be designated General Retail Uses permitted by right within the Atlantic Square Business Recovery Development Zone.
169316373.1
Exhibit E:
Atlantic Square Development Standards (BRDZ)
ATLANTIC SQUARE BUSINESS RECOVERY DEVELOPMENT ZONE
EXHIBIT E – STANDARDS OF DEVELOPMENT
Lot Size (minimum)
Width Depth Area
50 ft. 100 ft. 15,000 sq. ft.
Setbacks (minimum)
Front Side Rear
0 ft. Abuts Street: 0 ft.
Abuts Commercial Property: 0 ft.
Abuts Residential Zone: 15 ft.
Abuts Street: 15 ft.
Abuts Commercial Property: 0 ft.
Abuts Residential Zone: 15 ft.
Separated from Residential Zone by an
alley: 15 ft.
Building Height (maximum)
Maximum 25 ft. from residential zone 35 feet from residential zone 40 ft./3 Stories 28 ft./2 Stories 40 ft./3 stories
Floor Area Ratio (maximum)
1.0 Off-Street Parking Regulations
No Minimum Required*
*Project site is exempt from minimum parking requirements per Government Code Section 65863.2 (AB2097 – “Residential, commercial, or other development types: parking requirements.” ) Drive-Through Business
Generally:
• Drive-through business is conditionally permitted as an accessory to an established restaurant or commercial business and subject to a written determination by the City Planner, including findings that the proposed drive-through restaurant is consistent with the Monterey Park Municipal Code. City Planner’s written determination is not final until it is received and filed, or acted upon by the Planning Commission.
• Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum of six cars.
• Where pedestrian walkways intersect with drive-through drive aisles, walkways shall have clear visibility and shall be emphasized by striping.
Specifically for Drive-Through Restaurants:
• Structures, drive-through drive aisles, setbacks, landscaping, lighting and menu boards will be constructed as proposed by applicant, subject to a written determination by the City Planner, including findings that the proposed drive-through restaurant is consistent with the Monterey Park Municipal Code. City Planner’s written determination is not final until it is received and filed or acted upon by the Planning Commission.