1707712.1
A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF
CLAREMONT, LA VERNE, POMONA, SAN DIMAS, AND SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS TO SHARE RESOURCES TO PLAN AND HOST THE
HEART OF THE FOOTHILLS OPEN STREET EVENT
This Memorandum of Understanding (“MOU”) is dated for identification purposes as of DATE by and between the City of Claremont, a municipal corporation, the City of La Verne, a municipal corporation, the City of Pomona, a municipal corporation, the City of San Dimas , a municipal corporation (referred to herein individually as a “City” and collectively as the “Cities”), a nd the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”).
Cities and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.”
RECITALS:
A. On December 2, 2021, the Los Angeles County Metropolitan Transportation Authority (LACMTA) Board approved the Open Streets Grant Program Cycle Four providing Los Angeles County Proposition C 25% (“Proposition C”) Funds for one-day events that close the streets to automotive traffic and open them to people to walk or bike (“Open Street s Event”).
Further, the LACMTA Board approved the SGVCOG to serve as the pass -through agency of the Proposition C Funds with its member cities.
B. The SGVCOG was successful in securing $500,000 in Proposition C F unds (the “Grant”) during Cycle Four from the LACMTA county-wide “Open Streets Event” program to host the 626 Golden Streets Heart of the Foothills Event (the “Event”), including outreach, pre -event planning, and day of event staging costs.
C. The Event programming requires a 20% ($125,000) in- kind or local fund match of the total cost of the Event from the Cities ($625,000).
D. The SGVCOG and the Cities desire to partner together to host the Event as a 6.5 -mile contiguous open street event on Sunday, April 23, 2023, from San Dimas to Claremont.
E. The SGVCOG and the Cities desire to work jointly and collaboratively to share monetary, staffing, and other resources in planning and hosting the Event, and desire to formalize their relationship as the “Heart of the Foothills Working Group” to coordinate their activities and in furtherance thereof agree as follows:
I. RECITALS
The above Recitals are made a substantive part of this MOU.
II. TERM:
The term of this MOU shall commence on the date executed by all Parties and shall continue through the completion of all work contemplated under this MOU. The term of this MOU may be amended or extended by mutual written agreement of the Parties.
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III. RESPONSIBILITIES OF THE PARTIES:
A. SGVCOG Responsibilities:
1. Designate a point-of-contact with name, title, and contact information who will serve as the SGVCOG’s representative throughout the development of the Event. If the point-of-contact is reassigned or no longer with the SGVCOG, a new point -of- contact will be designated within fourteen (14) calendar days.
2. Contract with ActiveSGV to provide pre -planning, communication, permitting, implementation, and volunteer coordination. SGVCOG shall require ActiveSGV to defend and indemnify the Cities in accordance with Section VI.C. of this MOU.
3. Contract with Right of Way to implement the traffic control plan shown in Exhibit B. SGVCOG shall require Right of Way to defend and indemnify the Cities in accordance with Section VI.C. of this MOU.
4. Coordinate invoicing and backup documentation to ensure Grant compliance.
5. Coordinate with the Cities and their consultant(s) as necessary throughout the development and implementation of the Event.
6. Timely respond to all communications from the Cities and their consultant(s) as they relate to the Event and attend meetings when needed.
7. Review and provide comments on draft communications and documents related to the Event.
8. Upon 30 days of receipt and approval of an invoice submitted by a City, reimburse the City for eligible costs in an amount not to exceed the City Allocation as set forth in Exhibit A.
9. It is understood that SGVGOG will not bear any responsibility for the Cities Responsibilities listed below.
B. Cities Responsibilities:
1. Each City shall designate a point-of-contact with name, title, and contact information who will serve as the City’s representative throughout the development of the Event.
If the point -of-contact is reassigned or no longer with the City, a new point -of- contact will be designated within fourteen (14) calendar days.
2. Each City will be responsible for public safety along the Event route - as identified in Exhibit B - in their respective jurisdictions including, without limitation, the provision of police, security, fire protection and emergency services. It is understood that each City will not bear any responsibility for carrying out any activities or acts occurring in another City. It is further understood that each City will not bear any responsibility for the SGVCOG Responsibilities.
3. Assist with sending out Event information via City communication channels.
4. Coordinate with the SGVCOG and its consultant(s) as necessary throughout the development and implementation of the Event.
5. Timely respond to all communications and data requests from the SGVCOG and its consultant(s) that relate to the Event and attend meetings when needed.
6. Submit one invoice to the SGVCOG in an amount not to exceed the City’s Funding Amounts as set forth in Exhibit A, with supporting documentation evidencing those expenses the City incurred which are eligible for reimbursement.
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7. At the same time the above invoice is submitted, submit supporting documentation evidencing the City provided eligible in-kind services satisfying the In-Kind Match Requirement as set forth in Exhibit A.
IV. PROJECT MANAGEMENT:
A. Project Managers.
1. For the purposes of this MOU, SGVCOG designates the following individual as its Project Manager: Sam Pedersen, Management Analyst, whose contact information is set forth below.
2. For the purposes of this MOU, the City of Claremont designates the following individual as its representative: Melissa Vollaro , Human Services Director , whose contact information is set forth below.
3. For the purposes of this MOU, the City of La Verne designates the following individual as its representative: Chad Peterson , Community Services Supervisor, whose contact information is set forth below.
4. For the purposes of this MOU, the City of Pomona designates the following individual as its representative: Rene Guerrero, Public Works Director, whose contact information is set forth below.
5. For the purposes of this MOU, the City of San Dimas designates the following individual as its representative: Latoyia Ward, Recreation Coordinator, whose contact information is set forth below.
Any of the Parties may change the designations set forth herein upon written notice to the other Parties.
V. DEFAULT; REMEDIES:
A. Default. A “Default” under this MOU is defined as any one or more of the following: (i) failure of any Party to comply with the terms and conditions contained in this MOU; and/or (ii) failure of any Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Event.
B. Remedies. In the event of a Default by any Party, the non- defaulting Party(ies) will provide a written notice of such Default to the defaulting Party. The defaulting Party shall have thirty (30) days from the date such written notice was mailed in accordance with this MOU to cure the Default to the reasonable satisfaction of the non-defaulting Party(ies). In the event the Default is of a nature that it cannot be cured within 30 days, the defaulting Party shall commit to and commence the cure within such 30- day period and act promptly to cure the Default to the reasonable satisfaction of the non- defaulting Party(ies), but in no event more than 60 days from the mailing of the notice of Default. If the defaulting Party fails to cure within 30 days of the Default notice or in the event the Default is not curable within 30 days to commit to and commence the cure of such Default within no more than 60 days, the non- defaulting Party(ies) may
1707712.1
terminate this MOU as to the defaulting Party. Such termination shall be effective immediately upon the mailing of written notice by the non-defaulting Party(ies) to the defaulting P arty in accordance with this MOU. The remedies described herein are non -exclusive. In the event of a Defau lt by any Party, the non- defaulting Party(ies) shall have the right to seek any and all remedies available at law or in equity.
VI. INDEMNIFICATION:
A. Each City agrees to defend, indemnify, and hold harmless the SGVCOG, its elected and appointed boards, officials, officers, agents, employees, members, and volunteers (“SGVCOG Indemnitees”), and the other Cities, their elected officials, officers, agents, employees, and volunteers (collectively the “ Other Cities’ Indemnitees”) at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings (“Claims”) brought against the SGVCOG Indemnitees and Cities’ Indemnitees arising out of or relating to the acts or omissions of the City in connection with this MOU and the Event.
B. SGVCOG agrees to defend, indemnify, and hold harmless the Cities, their elected officials, officers, agents, employees, and volunteers (“Cities’ Indemnitees”), at SGVCOG’s sole expense, from and against any and all C laims brought against the Citie s’ Indemnitees arising out of or relating to the acts or omissions of SGVCOG in connection with this MOU and the Event.
C. To the extent allowed by State law, SGVCOG and Cities shall require that the consultant(s) they retain for the Event defend and indemnify, as to each City, the SGVCOG Indemnitees and Other Cities’ Indemnitees and as to the SGVCOG, the Cities’ Indemnitees, from and against any and all C laims brought against such indemnitees arising out of or relating to the acts or omissions of the Parties’ respective consultant(s) in connection with the Event and add such indemnitees as additional insureds on any general or automotive liability insurance policies required by any City or SGVCOG. Neither the Cities nor SGVCOG shall be liable to each other or any of their respective indemnitees by way of agency or any other theory of liability for any such Claims.
VII. INSURANCE:
Cities and SGVCOG shall maintain and keep in full force and effect during the term of this MOU insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with Cities or SGVCOG’s performance of its obligations hereunder.
VIII. OTHER TERMS AND CONDITIONS:
A. Notices. All notices required or permitted to be given under this MOU shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows:
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To SGVCOG: Sam Pedersen
Management Analyst
1000 S. Fremont Avenue, Unit 42
Building A-10N, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
[email protected]
with a copy to: Marisa Creter
Executive Director
1000 S. Fremont Avenue, Unit 42
Building A-10N, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
[email protected]
To Claremont: Melissa Vollaro
Human Services Director
Alexander Hughes Community Center
1700 Danbury Road
Claremont, CA 91711
[email protected]
with a copy to: Adam Pirrie
City of Claremont
City Manager
207 Harvard Avenue
Claremont, CA 91711
[email protected]
To La Verne: Chad Peterson
Community Services Supervisor
3660 “D” Street
La Verne, CA 91750
[email protected]
with a copy to: Jesse Duff
City of La Verne
Interim City Manager
3660 “D” Street
La Verne, CA 91750
(909) 596-8726
[email protected]
To Pomona: Rene Guerrero
1707712.1
Public Works Director
505 South Garey Avenue
Pomona, CA 91766
[email protected]
with a copy to: James Makshanoff
City of Pomona
City Manager
505 South Garey Avenue
Pomona, CA 91766
909-620-2051
[email protected]
To San Dimas: LaToyia Ward
Recreation Coordinator
245 E. Bonita Avenue
San Dimas, CA 91773
[email protected]
with a copy to: Chris Constantin
City of San Dimas
City Manager
245 E. Bonita Avenue
San Dimas, CA 91773
[email protected]
B. No Partnership. This MOU is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOU, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.
C. Entire MOU. This MOU constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOU may be modified only in writing and signed by the Parties in interest at the time of such modification.
D. Governing Law. This MOU shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOU, the Parties hereto agree t hat the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
E. Excusable Delays. No Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods,
1707712.1
earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the others of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOU.
F. Waiver. Waiver by any Party to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOU shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
G. Headings. The section headings contained in this MOU are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
H. Assignment. No Party may assign its interest in this MOU, or any part thereof, without the prior written consent of the other Parties. Any assignment without consent shall be void and unenforceable.
I. Severability. If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
J. Authority to Execute. The person executing this MOU on behalf of a Party warrants that they are duly authorized to execute this MOU on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOU.
K. Counterparts. This MOU may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
L. Electronic Signatures . This MOU may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed and to be effective on the date it has been fully executed by the Parties as set forth below.
FOR THE CITY OF CLAREMONT: Approved as to form:
By:___________________________ By: _________________________ Adam Pirrie Alisha Patterson
City Manager City Attorney
1707712.1
Date:__________________________
FOR THE CITY OF LA VERNE: Approved as to form:
By:___________________________ By: _________________________ Jesse Duff Robert L. Kress
Interim City Manager City Attorney
Date:__________________________
FOR THE CITY OF POMONA: Approved as to form:
By:___________________________ By: _________________________ James Makshanoff Sonia Carvalho
City Manager City Attorney
Date:__________________________
FOR THE CITY OF SAN DIMAS: Approved as to form:
By:___________________________ By: _________________________ Chris Constantin Jeff Malawy
City Manager City Attorney
Date:__________________________
FOR THE SAN GABRIEL VALLEY Approved as to form:
COUNCIL OF GOVERNMENTS:
By: ____________________________ By: __________________________ Marisa Creter David DeBerry
Executive Director General Counsel
Date:___________________________
1707712.1
Exhibit A:
Grant Funding and In-Kind Match by City
City Allocation In-Kind Match
Requirement
Claremont $40,000 $30,000
La Verne $20,000 $15,190
Pomona $20,000 $15,190
San Dimas $25,000 $18,620
Total $105,000 $79,000
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Exhibit B:
The Traffic Control Plan
(Begins on next page)
[Note: This is a draft version to be updated before final signature]
PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100VLWOSDAEHAPENTIRE ROUTE OVERVIEW PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100VLWOSDAEHA N01R02R02R02
PSAN DIMAS OVERVIEW
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250'250'250'
N01
S01
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100 N04 AA
SEE UPPER RIGHT
SEE LOWER LEFTSEE LA VERNE SET
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SAN DIMAS DETAILS
ABCD E
PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100VLWOSDAEHA R01N03N03S03S03S02
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LA VERNE OVERVIEW
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100 AA
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SEE SAN DIMAS SET
SEE LOWER LEFT
SEE UPPER RIGHT
SEE NEXT SHEET
N04
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LA VERNE DETAILS
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100 BB
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SEE PREVIOUS SHEET
SEE LOWER LEFT
SEE UPPER RIGHT
SEE NEXT SHEET
SEE NEXT SHEET
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LA VERNE DETAILS
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250'250'250' TOSTOP BAR
PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100 V VV
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SEE PREVIOUS SHEET
SEE PREVIOUS SHEET
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LA VERNE DETAILS
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100VLWOSDAEHAPPOMONA OVERVIEW CABDEFGHIJKLMNON04N02N04S02N04S02
S01S03S03S04N03S02S03S02S01S02N03N03
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100' MIN
250'250'250'
60'±320' MERGE TAPER
100'100'100' TOSTOP BAR
SEE LA VERNE SET
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100POMONA DETAILS C
SEE NEXT SHEET
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100
VVV V V
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100
SEE LOWER LEFT
SEE PREVIOUS SHEETSEE UPPER RIGHT
SEE NEXT SHEET
POMONA DETAILS
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100 VV N04P SEE LOWER LEFT
SEE PREVIOUS SHEET
SEE UPPER RIGHT
SEE CLAREMONT SET
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100'120'± TOSTOP BAR
100'75'± TOSTOP BAR
PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100VLWOSDAEHAPCLAREMONT OVERVIEW R04R04R04R04S02S04S01S02S04S04S04W01E04E02N04N01N01N01N01N01N01N02
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100 250'250'250'320' MERGE TAPER100'160' SHIFT TAPERP
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SEE UPPER RIGHT
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PLANS PREPARED BY:Phone: (626) 930-9292Fax: (626) 930-9220150 E. Arrow Hwy - San Dimas, CA 91773SCALE IN FEET0103050100 250'250'250'K 100'100'100'150'PG
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