San Dimas City Council
December 12, 2023

CITY COUNCIL, HOUSING AUTHORITY
PUBLIC FACILITIES FINANCING CORPORATION
MEETING AGENDA
TUESDAY DECEMBER 12, 2023 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website  www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE

RECOGNITION
Gary Enderle – San Dimas HEROES Retirement
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Approve Resolution 2023­72, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the November 30, 2023 Prepaid Warrant Register in the Amount of $301,939.12 and the December 15, 2023 Warrant Register in the Amount of $1,153,477.66.

CC2. Approve the November 28, 2023 Regular City Council Meeting Minutes CC3. Deny Claim Acevedo v. City of San Dimas 3046237 LSV CC4. Authorize the City Manager to Enter into a Professional Service Agreement with Keith

(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Approve Resolution 2023­72, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the November 30, 2023 Prepaid Warrant Register in the Amount of $301,939.12 and the December 15, 2023 Warrant Register in the Amount of $1,153,477.66.

CC2. Approve the November 28, 2023 Regular City Council Meeting Minutes CC3. Deny Claim Acevedo v. City of San Dimas 3046237 LSV CC4. Authorize the City Manager to Enter into a Professional Service Agreement with Keith Batcheller for four Gold Line Bridge Murals in the Amount of $74,000 and a Professional Service Agreement with the Los Angeles Metro Gold Line Foothill Transit Authority to Install the Mural Tiles on the Bridge.

CC5. Approve the First Amendment to the Joint Use Agreement between the City of San Dimas (City) and the Bonita Unified School District (District) for joint use, operation and maintenance of recreation facilities at the Sports Plex Revising Cost Reimbursement Related to the Varsity Baseball Field and Revising Agreement Renewal Provisions CC6. Approve a Professional Services Agreement between the City of San Dimas and Griffin Structures to Provide Cost Estimates for Maintenance, Repairs and Rehabilitation of the Recreation Center located at 990 West Covina Boulevard in an Amount not to Exceed $10,650 CC7. Consideration and Approval of the Program Policies and Procedures for the Permanent Local Housing Allocation (PLHA) Rental Assistance Program and Approval of an Expenditure and Offsetting Revenue Budget Appropriation in Fund 040 for PLHA funds in an amount not to exceed $215,696
CC8. Approve a Contract between the City of San Dimas (City) and Consultant Lori Hall­McNary with Rockin’ L&D Equine Education Services for Equestrian Consultant Services in an Amount not to Exceed $9,540.00 and Authorize the City Manager or his Designee to Execute the Contract.

CC9. Adopt a Municipal Code Text Amendment to Amend Chapter 18.42 Multiple­Family (MF) Zone to Reduce the Required Amount of Open Green Areas/Open Space, and the Required Front and Side Yard Setbacks for Developments in the MF Zone, and Chapter 18.156 Vehicle Parking and Storage with Respect to Vehicle Parking Requirements for Multi­Family Developments Along with Associated Clean Up Items
CC10. Approve a Five­Year Agreement with Flock Group Inc. to Lock in the Current Pricing for Maintaining the Fourteen Cameras Currently in Place as Well as the Cost to Install Additional Cameras that May be Authorized over the Next Five Years CC11. Approve an Agreement with the University of La Verne for the Operation of the City’s Government/Education Access Channel, KWST at an Annual Cost of $98,000 with Annual Escalator of 3% Per Year for a Period of Up to Three Years CC12. Approve an Increase to the Contract Limits for Maintenance Contract (MC) 2017­03 Annual Striping Maintenance Services with Superior Pavement Markings, Inc. to $200,000 for FY 2023­24.

CC13. Appropriate $40,000 from the Equipment Replacement Fund (Fund 70) and Authorize Contract Expenditures for Outfitting of Unit 28 with California Truck Equipment Company (CTEC) for An Amount Not to Exceed $40,000.
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CC11. Approve an Agreement with the University of La Verne for the Operation of the City’s Government/Education Access Channel, KWST at an Annual Cost of $98,000 with Annual Escalator of 3% Per Year for a Period of Up to Three Years CC12. Approve an Increase to the Contract Limits for Maintenance Contract (MC) 2017­03 Annual Striping Maintenance Services with Superior Pavement Markings, Inc. to $200,000 for FY 2023­24.

CC13. Appropriate $40,000 from the Equipment Replacement Fund (Fund 70) and Authorize Contract Expenditures for Outfitting of Unit 28 with California Truck Equipment Company (CTEC) for An Amount Not to Exceed $40,000.

CC14. Receive and File the November 2023 Investment Report CC15. Approve an Administrative Services Agreement between the City of San Dimas and the San Dimas Housing Authority in an Estimated Amount of $316,000 CC16. Receive and File the City’s Annual Independent Audited Financial Statements.

END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Discussion of the Draft Downtown Specific Plan
RECOMMENDATION: Staff recommends the City Council provide Staff input on the Draft Downtown Specific Plan (DTSP).

SAN DIMAS HOUSING AUTHORITY

1. Approve the December 13, 2022 Housing Authority Minutes

2. Appointment of Members of the Authority
Chair
Executive Director

3. Approve an Administrative Services Agreement between the San Dimas Housing Authority and the City of San Dimas in an Estimated Amount of $316,000

4. Receive and File the Housing Authority Annual Audit Report SAN DIMAS PUBLIC FACILITIES FINANCING CORPORATION

1. Approve December 13, 2022 San Dimas Public Facilities Financing Corporation Minutes

2. Appointment of Members of the Corporation
President
Vice­President
Secretary/Treasurer
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1CityManager

1. Approve December 13, 2022 San Dimas Public Facilities Financing Corporation Minutes

2. Appointment of Members of the Corporation
President
Vice­President
Secretary/Treasurer
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates CR4. Appoint a City Trustee to San Gabriel Valley Mosquito and Vector Board CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 8665007905
City negotiators: City Manager Chris Constantin, Asst. City Manager Brad McKinney, City Attorney Jeff Malawy.

Negotiating parties: City of San Dimas and Ron Nottingham Under negotiation: Price and terms of payment.

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): One case.

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 394­6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102­35.104 ADA Title II].

Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at  www.sandimasca.gov.

Posting Statement:  I declare under penalty of perjury that on December 8, 2023, I posted a true and fhidhbllibdihiilfilli

you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 394­6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102­35.104 ADA Title II].

Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at  www.sandimasca.gov.

Posting Statement:  I declare under penalty of perjury that on December 8, 2023, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendas­minutes/ as required by law.

December 8, 2023
Debra Black
Debra Black, City Clerk Page 5
Gary Enderle
The City of San Dimas hereby acknowledges Gary Enderle, a long time San Dimas resident and cofounder of the San Dimas Helping Establish a Remembrance of Every Serviceperson
(H.E.R.O.E.S.) organization, dedicated to remembering the service members of the San Dimas community.

Since its ground breaking on Flag Day, June 14th, 2011, the San Dimas H.E.R.O.E.S. has impacted many with the Banner Program, the establishment of the permanent Veterans Memorial, the annual Veterans parade, and assisting families of the men and women who served or are serving.

The City Council extends its appreciation and gratitude and offers their congratulates on his retirement.

In Witness Thereof, I, Mayor Emmett G. Badar, have
hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 12th day of December 2023.

RESOLUTION 2023-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

CALIFORNIA, APPROVING CERTAIN DEMANDS FOR THE MONTHS OF NOVEMBER 30 AND DECEMBER 15, 2023
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Pre-paid Warrant Register for November 30th, 2023 in the amount of $301,939.12 and the Warrant Register of December 15, 2023 in the amount of $1,153,477.66.

PASSED, APPROVED AND ADOPTED this 12th, day of December 2023. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-72 was approved by vote of the City Council of the City of San Dimas at its regular meeting of December 12th, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
NOVEMBER 28, 2023, 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin- via zoom, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Acting Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Associate Planner Ken Fitchelman,
Call to Order: 7:00 PM

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Approve Resolution 2023-70, A
Resolution of the City Council of the City
of San Dimas, Approving Certain
Demands for the November 30, 2023
Warrant Register in the Amount of
$819,970.93

2. Approve the October 8, 2023 Special
Meeting Minutes, October 24, 2023
Study Session Minutes and the October
24, 2023 Regular Meeting Minutes

3. Receive and File the October 2023
Investment Report

4. Approve Resolution 2023-71, Authorizing
Application and Administration of
CalRecycle Grants through December
31, 2028.

5. Approve an Increase to Contract Limits
for Maintenance Contract (MC) 2018-05
Annual Concrete Maintenance Contract
with Grigolla and Sons Company Inc. to
$300,000 for FY 2023-24.

MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to approve the consent calendar as
presented. The motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None

PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS

1. Consideration of Municipal Code Text
Amendment 22-0003 to amend Chapter

18.42 Multiple-Family (MF) Zone to
Reduce the Required Amount of Open
Green Areas/Open Space, and the
The Mayor opened and closed the public
hearing with no comments received
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem

Approve the November 28, 2023 Regular Meeting Minutes

For the Meeting of December 12, 2023
Required Front and Side Yard Setbacks
for Developments in the MF Zone, and
Chapter 18.156 Vehicle Parking and
Storage with Respect to Vehicle Parking
Requirements for Multi-Family
Developments Along with Associated
Clean Up Items, and Determination of
Exemption from CEQA under CEQA
Guidelines 15061(b)(3).

Vienna to introduce Ordinance 1301 as
proposed by staff with two amendments: 1)
the open space requirement be 500 square
feet per unit, 2) the minimum dimension of
any open space component be increased
from 10 feet to 15 feet. The motion carried 4-
1 with Councilmember Nakano opposed.

Yes: Badar, Vienna, Ebiner, Weber
No: Nakano

Absent: None
Abstain: None

STAFF AND CITY COUNCIL REPORTS COMMENTS/RECOMMENDATIONS a. City Manager City Clerk Debra Black announced the
election nomination period is currently open
and that information on potential candidates
can be found on the City’s website.
b. City Attorney None
c. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
Councilmember Ebiner
Councilmember Ebiner requested and
supported by Mayor Badar directing staff to
look into whether the City is a member of the
Housing Trust Fund and if there any budget
amendments needed to become a member.

Adjourned: 8:55 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
November 8, 2023
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Acevedo vs. San Dimas
Claimant : Melissa Acevedo
Member : City of San Dimas
Date Rec’d by Mbr : 4/28/23
Date of Event : 4/22/23
CW File Number : 3046237 LSV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor

pril 28, 2023

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of December 12, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Authorize the City Manager to Enter into a Professional Service Agreement with Keith Batcheller for four Gold Line Bridge Murals in the Amount of $74,000 and a Professional Service Agreement with the Los Angeles Metro Gold Line Foothill Transit Authority to Install the Mural Tiles on the Bridge. ____________________________________________________________________________

SUMMARY
Authorization to award a contract to artist Keith Batcheller to produce Mural Art for the Metro Bridge at Bonita and Cataract in the amount of $74,000 and authorization to enter into an agreement with the Los Angeles Metro Goldline Foothill Extension Construction Authority to install the Mural Art on the bridge.

RECOMMENDATION
City staff recommends that the City Council:
• Authorize the City Manager or designee to enter into a Professional Service Agreement with artist Keith Batcheller to create mural art for the Gold Line Bridge at Bonita Avenue and Cataract Avenue, which includes four (4) 10’ wide x 15’ high murals of tile art that depict different eras of San Dimas history. The cost to design, render and complete the four murals is $74,000.
• Authorize the City Manager or designee to enter into an agreement with Los Angeles Metro Gold Line Foothill Extension Construction Authority to install the Mural Art tiles on the Gold Line Bridge.

FISCAL IMPACT
Proposition A funds have been appropriated in the 2023-24 budget for this project and will be utilized to support the following costs.

Gold Line Bridge Artwork Services Agreement Page 2
For the Meeting of December 12, 2023
The total anticipated project cost is as follows:

Mural Artwork $74,000
Tile Fabrication + Freight $42,000
Subtotal $116,000
Contingency (10%) $11,600
TOTAL COST $127,600
The anticipated total project budget expenditure for the Bridge Mural project is $127,600.

BACKGROUND
On August 8, 2023, the City Council directed staff to proceed with the Bridge Art project for the Metro Bridge on Bonita and Cataract. At this meeting, the City Council:
• Allocated an additional $96,000 to fund the Mural Tile Art project, for a total project budget of $176,000, which includes $74,000 for the artist’s services to design the artwork and $42,000 for the tile fabrication. The additional budget of $48,400 will not be expensed and will be rolled over into the Proposition A available fund balance. • The City Council directed staff to display the four proposed mural designs to solicit public comments.

At the City Council meeting of August 8, 2023, staff indicated that it would return to the City Council at a future date to:
• Award a contract to artist Keith Batcheller to produce the artwork for the murals • Approve a letter agreement between the City of San Dimas, Los Angeles Gold Line Metro Extension Construction Authority, and the artist.

DISCUSSION/ANALYSIS
I. Art Design and Artist Agreement
Keith Batcheller, a San Dimas renowned artist, submitted four sketches that depict distinct periods of San Dimas history, including native Americans, the citrus trade, the railroad and prominent San Dimas landmarks that include the Walker House and historical architecture on Bonita Avenue (Attachment 1 ). The proposed Mural design was displayed in City Hall for public viewing and comments in the period of September 6 to November 21, 2023 and seven comments were received. The public is in support of the proposed artwork.

The professional agreement with Mr. Batcheller for the Mural artwork in the amount of $74,000 is shown in Attachment 2. The total project costs include the fabrication of digital art into porcelain tiles (approximately $42,000) which brings the total project cost to $116,000 to complete four (4) wall murals that will be furnished to the Construction Authority for installation.

Staff has programmed a 10% project contingency of $11,600 which brings the total projected cost to $127,600.

II. Metro Gold Line Letter Agreement

Gold Line Bridge Artwork Services Agreement Page 3
For the Meeting of December 12, 2023
Per Council direction on the meeting of August 8, 2023, a letter agreement with the LA Metro Gold Line Foothill Extension Construction Authority was created to outline the terms of the agreement as it pertains to the installation and maintenance of the artwork, the use of tiles, a project timeline, insurance coverage, and the artist contract.

The letter agreement shown in Attachment 3 is a result of discussion and negotiation between the Construction Authority and the City. The Construction Authority has reviewed the agreement and will execute once Council approves.

ALTERNATIVES

1. The City Council could decide not to approve the recommended contracts with the Los Angeles Metropolitan Construction Authority and the artist, and direct staff not to proceed with the bridge art project. Under this scenario, artwork would not be displayed on the four recessed spaces on the bridge that were designed to accommodate artwork and the City would save approximately $127,600 of Proposition A funding.

2. The City Council could direct staff to revise the proposed agreements with the artist and/or the Los Angeles Metro Gold Line Construction Authority to address specific concerns as desired.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:

1. Proposed Design

2. Professional Service Agreement with Keith Batcheller

3. Letter Agreement with Construction Authority

ATTACHMENT 1

01171.0001/846200.12 Page 1 of 21
Gold Line Bridge Mural Contract

CITY OF SAN DIMAS
PROFESSIONAL SERVICE AGREEMENT FOR COMPLETION OF FOUR (4)

WALL MURALS FOR INSTALLATION ON GOLD LINE BRIDGE
This PROFESSIONAL SERVICE AGREEMENT FOR COMPLETION OF FOUR (4) WALL MURALS FOR INSTALLATION ON GOLD LINE BRIDGE (“AGREEMENT”), is made and effective as of November 29, 2023, between the City of San Dimas ("CITY"), a municipal corporation, and Keith Batcheller, a sole proprietorship ("ARTIST"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on November 29, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2024 unless sooner terminated pursuant to the provisions of this AGREEMENT. Sections V, X, XI, and XXI of this AGREEMENT shall survive termination.

II. SERVICES
ARTIST shall perform the work scope described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. The work scope generally consists of the production of four (4) art murals for installation at the future bridge to be located at Bonita Avenue and Cataract Street (hereafter referred to as “Murals” and “Artwork”). ARTIST shall complete the Artwork according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from ARTIST, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

III. PERFORMANCE
ARTIST shall at all times faithfully, competently and to the best of his ability, experience, and talent, perform all tasks described herein. ARTIST shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of ARTIST hereunder in meeting its obligations under this AGREEMENT.

IV. OWNERSHIP OF ARTWORK – ANTICIPATED TRANSFER
ARTIST acknowledges that the initial owner of the Artwork will be the CITY, and that ownership of the Artwork will transfer from the CITY to the Metro Foothill Gold Line Extension Construction Authority (“Construction Authority”) upon the CITY’s delivery of the Artwork to the Construction Authority for installation on the Bonita Avenue Bridge. ARTIST further acknowledges that ownership of the ATTACHMENT 2

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Artwork will transfer from the Construction Authority to the Los Angeles County Metropolitan Transportation Authority Construction Authority (“LA Metro”) when ownership of the Bonita Avenue Bridge transfers to LA Metro.

V. INTELLECTUAL PROPERTY
A. CITY’s Sole and Exclusive Ownership Rights. Subject to Section V(D) of this Agreement, ARTIST shall not retain ownership of or any right, title or interest in any of the Artwork, including but not limited to any of the designs, drawings, paintings, sketches, models, fabrications, audiovisual materials, computer graphics, renderings, writings, or any other media prepared or provided by ARTIST in the performance of this Agreement.

The Parties agree that the Artwork prepared or provided by ARTIST in the performance of this AGREEMENT and all such rights, title and interest in or to the Artwork belong to and are being sold and assigned in their entirety to CITY for whatever use it desires, and that CITY, and its successors and assigns, does and shall at all times own, solely and exclusively, complete and unencumbered, all rights, title and interest in and to all of the Artwork worldwide, any modifications thereto and any derivative works based thereon. Nothing contained herein shall be deemed to constitute a mere license or franchise in the CITY and its successors and assigns. The Parties further agree that CITY, and its successors and assigns, will be free to use, modify, distribute, sell, license or otherwise exploit all such Artwork and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to ARTIST.

The CITY hereby authorizes ARTIST to make, and to authorize the making of, limited photograph and video reproductions of the Artwork for educational and self-promotional purposes. For purposes of this AGREEMENT, the following are deemed to be photograph and video reproductions for educational and self-promotional purposes: slides, film strips, and video episodes not intended for a mass audience and used solely for educational programs that are hosted by ARTIST in print media, on ARTIST’s website and social media sites, and on ARTIST’s computers and on any other electronic media, as long as such reproduction is provided to others at no cost. On any and all such reproductions, ARTIST shall place a copyright notice in the form and manner provided by CITY to protect the copyrights in the Artwork under the United States copyright law. In addition, all reproductions shall contain the following credit line unless otherwise requested to the contrary in writing by CITY:
“Commissioned by the City of San Dimas.”
Under no circumstances shall ARTIST use or make any photograph or video reproductions of the Artwork for commercial purposes and any photograph or video reproductions used or made by Artist shall not compete with any CITY endeavor to sell or promote reproductions of the

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Works. CITY has sole discretion to determine whether a photograph or video reproduction is utilized for educational and self-promotional purposes or whether the reproduction competes with CITY’s endeavors to sell or promote its reproductions. If the CITY determines that the photograph or video reproduction does not meet the terms of this section, the CITY shall provide written notice to ARTIST and ARTIST shall immediately cease and desist the use of the reproduction.

B. Transfer of Rights of Reproduction. ARTIST hereby transfers to CITY, and its successors and assigns, all rights of reproduction, as that term is defined in California Civil Code Section 982, in the Artwork prepared or provided by ARTIST in the performance of this AGREEMENT, including, but not limited to, the right to reproduce the Artwork in any manner whatsoever for commercial and non-commercial purposes.

Hereinafter, ARTIST shall not acquire or claim any rights in or to the Artwork, any uses, reproductions or derivatives thereof or any proceeds therefrom.

C. Waiver of Moral Rights. ARTIST hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. § 106A, California Civil Code § 987 et seq., or any other type of moral right protecting the integrity of works of art. ARTIST acknowledges and agrees that CITY and its successors and assigns, in their sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy the Artwork. CITY agrees that prior to any proposed destruction of the Artwork, ARTIST shall be provided with a reasonable opportunity to reclaim possession of the Artwork, at no cost to the CITY and its successors and assigns; ARTIST shall be responsible for all costs associated with removal of the Artwork.

D. Copyrights. ARTIST shall retain the copyright and all other rights in and to the Artwork under the Copyright Act of 1976, 17 U.S.C.§ 101 et seq., and all other rights in and to the Artwork except ownership and possession.

Artist hereby grants to the CITY an irrevocable license to reproduce the Artwork in any non-commercial manner whatsoever. Use will be governed by generally accepted fair-use doctrine in relation to copyrighted works of art: criticism, comment, news reporting, teaching, scholarship or research.

The graphic depiction of the work in materials designed for promotional purposes by CITY and its successors and assigns shall be deemed to be a non-commercial use. Upon final acceptance of the Artwork by CITY all

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original studies, drawings and designs shall become property of CITY.

ARTIST shall deliver to CITY a copy of the registered copyright.

E. Originality of Works. ARTIST represents and warrants that (i) the Works prepared or provided by ARTIST in the performance of this Agreement are and will be original; (ii) at the time of transfer hereunder, ARTIST is the sole owner of the Artwork and of all rights therein including copyright, trademark and other proprietary rights therein; (iii) ARTIST is and will be the sole creator of the Artwork; (iv) ARTIST has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein; (v) ARTIST is not under any obligation to transfer or sell any of the Artwork to any third party; (vi) all Artwork has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; and (vii) the Artwork does not and will not infringe any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against ARTIST (or, insofar as ARTIST is aware, against any entity from which ARTIST has obtained any rights).

F. Patent, Copyright and Trademark Infringement. ARTIST shall defend any action or proceeding brought against CITY or its successors and assigns based on any claim that the Artwork prepared or provided by ARTIST in the performance of this AGREEMENT, or any portion thereof, or the use of the Artwork, or any part thereof, constitutes infringement on any United States patent, copyright or trademark, now or hereafter issued.

CITY or its successors and assigns shall give prompt written notice to ARTIST of any such claim or proceeding and will reasonably provide authority, information and assistance in the defense of the same. ARTIST shall indemnify and hold harmless CITY and its successors and assigns from and against all liabilities in any such action or proceeding. ARTIST shall keep CITY and its successors and assigns informed of all new developments in the defense of such actions or proceedings.

G. Third Party Beneficiaries of Section V. As the anticipated future owners of the Artwork, the Construction Authority and LA Metro are third party beneficiaries of this Section V of the AGREEMENT. Upon assuming ownership of the Artwork, the Construction Authority and LA Metro and their successors and assigns shall have the same rights, benefits and obligations as the CITY under this Section V of the Agreement.

VI. CITY MANAGEMENT
CITY’s City Manager or designee shall represent CITY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products

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submitted by ARTIST, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to ARTIST. The City Manager or designee shall be authorized to act on CITY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change ARTIST's compensation, subject to Section VII hereof.

ARTIST acknowledges that the Construction Authority and LA Metro must also review and approve all products submitted by ARTIST.

VII. PAYMENT
A. The CITY agrees to pay ARTIST in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, contingent upon completion of each of the tasks specified in Exhibit B.

This amount shall not exceed Seventy Four Thousand dollars ($74,000).

B. ARTIST shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. ARTIST shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and ARTIST at the time CITY's written authorization is given to ARTIST for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the AGREEMENT. Any additional work in excess of this amount shall be approved by the City Council.

C. Based upon Applications for Payment submitted by ARTIST, the CITY shall make progress payments on work completed by ARTIST as set forth in Exhibit B. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes any of ARTIST's fees it shall give written notice to ARTIST within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

VIII. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the ARTIST at least ten (10) days prior written notice. Upon receipt of said notice, the ARTIST shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the CITY suspends or terminates a portion of this AGREEMENT such suspension or

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termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, the CITY shall pay to ARTIST the actual value of the work performed up to the time of termination, provided that the work performed is of value to the CITY. Upon termination of the AGREEMENT pursuant to this Section, the ARTIST will submit an invoice to the CITY pursuant to Section VI.

IX. DEFAULT OF ARTIST
A. The ARTIST's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that ARTIST is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating ARTIST for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the ARTIST. If such failure by the ARTIST to make progress in the performance of work hereunder arises out causes beyond the ARTIST's control, and without fault or negligence of the ARTIST, it shall not be considered a default.

B. If the City Manager or his/her designee determines that the ARTIST is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the ARTIST a written notice of the default. The ARTIST shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the ARTIST fails to cure its default within such period of time or fails to present the CITY with a written plan for the cure of the default, the CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

X. OWNERSHIP OF DOCUMENTS
A. ARTIST shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT.

ARTIST shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. ARTIST shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work,

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data, documents, proceedings, and activities related to this AGREEMENT.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Subject to Section V(D) of this Agreement, upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the CITY and may be used, reused, or otherwise removed or disposed of by the CITY without the permission of the ARTIST. With respect to computer files, ARTIST shall make available to the CITY, at the ARTIST's office and upon reasonable written request by the CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

XI. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, ARTIST shall indemnify and hold harmless CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of ARTIST, its officers, agents, employees or subcontractors (or any agency or individual that ARTIST shall bear the legal liability thereof) in the performance of services under this AGREEMENT. ARTIST’s duty to indemnify and hold harmless CITY shall not extend to the CITY’s sole or active negligence.

B. Duty to defend
In the event the CITY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by CITY, ARTIST shall defend the CITY at ARTIST’s cost or at CITY's option, to reimburse CITY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by ARTIST’s negligent acts, errors or omissions. Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between ARTIST and CITY, as to whether liability arises from the sole or active negligence of the CITY or its officers, employees, or agents, ARTIST will be obligated to pay for CITY's defense until such time as a final judgment has been entered adjudicating the CITY as solely or actively negligent. ARTIST will not be entitled in the

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absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

XII. INSURANCE
ARTIST shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XIII. INDEPENDENT CONTRACTOR
A. ARTIST is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of ARTIST shall at all times be under ARTIST's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of ARTIST or any of ARTIST's officers, employees, or agents, except as set forth in this AGREEMENT. ARTIST shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. ARTIST shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner.

B. No employee benefits shall be available to ARTIST in connection with the performance of this AGREEMENT. Except for the fees paid to ARTIST as provided in the AGREEMENT, CITY shall not pay salaries, wages, or other compensation to ARTIST for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to ARTIST for injury or sickness arising out of performing services hereunder.

XIV. LEGAL RESPONSIBILITIES
The ARTIST shall keep himself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The ARTIST shall at all times observe and comply with all such laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the ARTIST to comply with this Section.

XV. UNDUE INFLUENCE
ARTIST declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the CITY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No

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officer or employee of the CITY has or will receive compensation, directly or indirectly, from ARTIST, or from any officer, employee or agent of ARTIST, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the CITY to any and all remedies at law or in equity.

XVI. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.

XVII. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by ARTIST in performance of this AGREEMENT shall be considered confidential and shall not be released by ARTIST without CITY's prior written authorization. ARTIST, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the CITY’S Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided ARTIST gives CITY notice of such court order or subpoena.

B. ARTIST shall promptly notify CITY should ARTIST, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the CITY, unless the CITY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless ARTIST is prohibited by law from informing the CITY of such Discovery. CITY retains the right, but has no obligation, to represent ARTIST and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless CITY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to ARTIST in such proceeding, ARTIST agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by ARTIST. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

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XVIII. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of San Dimas
245 E Bonita Avenue
San Dimas, CA 91773
Attention: City Clerk
To ARTIST: Keith Batcheller
1438 Calle Cecilia
San Dimas, CA 91773
XIX. ASSIGNMENT BY ARTIST
The ARTIST shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the CITY.

Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only ARTIST shall perform the services described in this AGREEMENT. ARTIST may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT.

XX. LICENSES
At all times during the term of this AGREEMENT, ARTIST shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT.

XXI. GOVERNING LAW
The CITY and ARTIST understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the CITY.

XXII. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and

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statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXIII. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
ARTIST is bound by the contents of CITY's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the ARTIST, Exhibit "E" hereto. In the event of conflict, the requirements of CITY's Request for Proposals and this AGREEMENT shall take precedence over those contained in the ARTIST's proposals. The incorporation of the ARTIST’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between ARTIST and/or CITY, unless expressly agreed to in writing.

XXIV. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of ARTIST warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the ARTIST and has the authority to bind ARTIST to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

ARTIST CITY

CITY OF SAN DIMAS
A Municipal Corporation
___________________ ______________________
Keith Batcheller Chris Constantin
Artist City Manager
ATTEST:
___________________
Debra Black
City Clerk
APPROVED AS TO FORM:
______________________
Jeff Malawy
City Attorney
Attachments: Exhibit A Work Scope
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Proposal
Exhibit E ARTIST’s Proposal

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EXHIBIT A – WORK SCOPE
Project Description
• Design and produce four (4) Murals for installation at the future bridge to be located at Bonita Avenue and Cataract Street.
• The bridge design includes four (4) 10’ wide x 15’ high x 2” deep recessed areas for the Artwork. The Murals shall be designed and sized to fit in the recessed areas.
• The Murals shall be digitally fabricated on Porcelain Tiles and produced and covered with a graffiti coating in accordance with Construction Authority Art Guidelines.

Review and Approval
The Murals shall be subject to review and approval by City, the Construction Authority, and LA Metro.

Work Scope
• Create, design and illustrate art for four Murals.
• Prepare art proofs of Murals.
• Prepare and coordinate digital art for proofing and printing with Tile Fabricator. • Provide conceptual graphics for the Murals and revised graphics to address comments from Construction Authority and LA Metro, if any. • When graphics are finalized, provide three signed original drawings of the graphics to City.
• Provide an artist statement, including a demonstration from ARTIST that the artwork is original, noting any sources of the imagery, and confirming that ARTIST has permission and/or approval to use the imagery in the Murals, as applicable.
• Provide a sample tile within first 15 weeks of the project. • Provide shop drawings, product data, tile map for installation, and artwork files in electronic format.
• Provide a copy of the registered copyright for all Mural artwork. • Discuss manufacturer recommended maintenance with project art conservator and develop maintenance protocol for artwork.

Schedule of Performance
20 weeks Finalize designs, proof and approval for each art panel. Provide material sample for tile.
4 weeks Create and produce four art panels and digital file for Tile fabricators 8 weeks Monitor Production (fabrication) of tiles
1 week Delivery of tile to designated storage facility
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33 weeks Total time for project completion
Deadline for Completion
The deadline for ARTIST to complete all work required pursuant to this AGREEMENT, including the completion of all tile art fabrication and delivery of tiles to the CITY, is July 31, 2024.

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EXHIBIT B – WORK AND PAYMENT SCHEDULE
Amount Deadline Includes
50% $37,000 Dec 31, 2023 Completion of art design.
50% $37,000 May 31, 2024 Completion of all art panels artwork Submission of file to Tile Fabricator
--------------------
100% $74,000 Total

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EXHIBIT C - INSURANCE REQUIREMENTS
Without limiting ARTIST’s indemnification of CITY, and prior to commencement of Work, ARTIST shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. ARTIST shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. ARTIST shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the ARTIST arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. ARTIST shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and ARTIST agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Other provisions or requirements
Proof of insurance. ARTIST shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. ARTIST shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by ARTIST, his agents, representatives, employees or subcontractors.

Primary/noncontributing. Coverage provided by ARTIST shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to

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contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by ARTIST or CITY will withhold amounts sufficient to pay premium from ARTIST payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow ARTIST or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. ARTIST hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Enforcement of contract provisions (non estoppel). ARTIST acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform ARTIST of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the ARTIST maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the ARTIST. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

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Notice of cancellation. ARTIST agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that ARTIST’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. ARTIST agrees to ensure that its subcontractors, and any other party involved with the project who is brought onto or involved in the project by ARTIST, provide the same minimum insurance coverage and endorsements required of ARTIST.

ARTIST agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. ARTIST agrees that upon request, all agreements with ARTISTs, subcontractors, and others engaged in the project will be submitted to CITY for review.

CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the ARTIST ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the ARTIST, the CITY and ARTIST may renegotiate ARTIST’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. ARTIST shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from ARTIST’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

01171.0001/846200.12 Page 19 of 21
Gold Line Bridge Mural Contract
Additional insurance. ARTIST shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

01171.0001/846200.12 Page 20 of 21
Gold Line Bridge Mural Contract

EXHIBIT D - REQUEST FOR PROPOSAL

City of San Dimas
California

REQUEST FOR PROPOSALS
PUBLIC ART – METRO BRIDGE
Scott Wasserman
Director of Parks and Recreation
City of San Dimas, California
Published Date: October 7, 2021
Re-published with modifications December 7, 2021
PROPOSAL DUE DATE: January 24, 2022

Table of Contents
1 Introduction ........................................................................................................................................... 3

1.1 Overview ............................................................................................................................................... 3

1.2 About the City of San Dimas................................................................................................................. 3

1.3 Project Timeline .................................................................................................................................... 3

1.4 City Contact Information........................................................................................................................ 4

1.5 RFP Inquiries......................................................................................................................................... 4

1.6 Terms of Service ................................................................................................................................... 4 2 Goals and Background ......................................................................................................................... 5

2.1 Project Objectives and Goals................................................................................................................ 5

2.2 Background........................................................................................................................................... 5 3 Scope of Work....................................................................................................................................... 5

3.1 Artist Requirement ................................................................................................................................ 5

3.2 Art Direction and Requirement.............................................................................................................. 5

3.3 Location, Maintenance, Insurance........................................................................................................ 5

3.4 Budget (updated) ................................................................................................................................. 5

3.5 Guidelines for Selection ........................................................................................................................ 6 4 Evaluation of Proposals ........................................................................................................................ 6

4.1 Proposal Requirements ........................................................................................................................ 6

4.2 Evaluation Process................................................................................................................................. 6

4.3 Evaluation Criteria .................................................................................................................................. 6

4.4 Proposal Schedule and Submittal Requirements ................................................................................. 7

4.5 Recommendation for Award.................................................................................................................. 8

4.6 Contract Discussions ............................................................................................................................ 8

4.7 Notice of Award..................................................................................................................................... 8 5 Submission Format and Delivery Requirements................................................................................... 8

5.1 Proposal Response Delivery................................................................................................................. 8

5.2 Date and Hour of Submission ............................................................................................................... 8

5.3 Acceptance or Rejection of Submissions.............................................................................................. 8

5.4 Costs for Document Development ........................................................................................................ 8

5.5 Proposal Validity ................................................................................................................................... 9

5.6 Contract Evaluation and Award ............................................................................................................ 9 6 Contract Negotiation and Execution ..................................................................................................... 9

6.1 Proposal Submission Certification ........................................................................................................ 9

6.2 Insurance Requirements....................................................................................................................... 9 Exhibit A ............................................................................................................................................. 12

1 Introduction

1.1 Overview
The City of San Dimas has issued this Request for Proposal (RFP) in order to select and contract with an artist and/or artist teams to create public art for the Metro bridge being constructed on Bonita Avenue and Cataract Avenue.

The City is seeking proposals from qualified artists and/or artist teams in San Dimas, San Gabriel Valley, or the greater Los Angeles area, that have the ability to provide public art as described in the scope of work. Public art should result in broad community benefit by enhancing the city’s image and sense of place.

This RFP does not obligate the City of San Dimas to award a contract or complete the project and the City of San Dimas reserves the right to cancel the solicitation if it is considered to be in its best interest.

1.2 About San Dimas
Incorporated in 1960, San Dimas is nestled in the foothills of the San Gabriel - Pomona Valleys.

San Dimas is situated approximately 20 miles east of Los Angeles and has a population of approximately 34,000. L.A. County Sheriff’s Department maintains law enforcement responsibility for the City and L.A. County Fire provides fire protection.

San Dimas maintains a council-manager form of government. Residents are stockholders in a municipal corporation, electing a mayor and four council members at large to represent them.

As elected representatives of its citizens, the City Council develops and establishes ordinances and policies in the best interest of its citizens. The City Council acts as a part-time board of directors, appointing a City Manager to conduct the City's day-to-day affairs.

The City Council is committed to maintain and continue to enhance the "quality of life" in San Dimas.

1.3 Project Timeline (subject to change)
Project Timeline Dates
RFP Release Date December 7, 2021
Written Inquiries Due January 3, 2022
Response to Artist Questions January 10, 2022
Proposal Deadline January 24, 2022
Completion of Proposal Evaluations (Staff review) January 31, 2022 Finalist Selection & Interview (Evaluation Committee) March 22, 2022 Four-weeks to develop concept design April 19, 2022
Two-week Display for Public Comments May 17, 2022
Final Selection/Award (City Council Meeting) June 7, 2022

1.4 City of San Dimas Contact Information
This RFP is issued by the City of San Dimas, 245 E Bonita Ave, San Dimas, CA.

The point of contact for all questions or requests for additional information is:

Contracting Contact:

Scott Wasserman
City of San Dimas
245 E Bonita Ave
San Dimas, CA 91773
Email: [email protected]
All questions shall be via email only. All contact with personnel employed by the City of San Dimas except for the contact persons named above with respect to this RFP shall be prohibited. Improper contact may constitute grounds for rejection of your proposal.

1.5 RFP Inquiries
All inquiries regarding this RFP including requests for additional information or clarification and proposed modifications or amendments to the RFP must be submitted in writing in accordance with 1.4 above. All inquiries must be received no later than5:00 PM on January 3, 2022 and must be labeled “City of San Dimas Public Art – Metro Bridge” Each inquiry must include the inquirer’s name, firm, telephone number and email address. Each inquiry should begin by referencing the RFP page number and section to which it relates.

The City of San Dimas will attempt to provide any assistance or additional information of a reasonable nature that may be requested by interested artists. Telephone calls will not be accepted regarding this RFP.

Inquiries received after the January 3, 2022, 5:00 PM deadline will not be considered.

All inquiries received before the deadline will be compiled and responses to inquiries will be posted on the City of San Dimas website, located at sandimasca.gov

1.6 Terms of Service
The City of San Dimas wishes to engage artists or artist teams for the duration of this project.

Specific deliverables related to the scope of work for this project will be included in the final agreement.

2 Goals and Background

2.1 Project Objectives and Goals
The objective of the City of San Dimas in issuing this RFP is to identify qualified artists and/or artist teams that have the ability to provide public art for the Metro Bridge. The public art consists of four paint on fabricated aluminum sheets that show different eras of San Dimas history. This art should result in broad community benefit by enhancing the city’s image and sense of place.

2.2 Background
The City of San Dimas and the Metro Gold Line Foothill Extension Construction Authority executed a Settlement Agreement regarding the design of the future bridge location along Bonita Avenue and Cataract Street. The bridge design includes four (4) 10’ wide x 15’ high x 2” deep recessed areas for artwork on each wingwall that the city is required to provide. 3 Scope of Work

3.1 Artist Requirements
Although all artists and/or artist teams are eligible, local artists in San Dimas are encouraged to propose, and will receive added points as part of the evaluation process. See the Selection Criteria for more information.

3.2 Art Direction and Requirements
The public artwork of the Metro Bridge should reflect the different stages of history and milestones in San Dimas. The story of San Dimas past can include but not limited to native American inhabitants, frontier era of citrus to railroad, incorporation, to present day rail or future. The bridge is a turning point to the city’s history, from Old San Dimas to new San Dimas. References to Bill and Ted’s excellent adventures will not be considered.

The bridge design includes four (4) 10’ wide x 15’ high x 2” deep recessed areas for artwork on each wingwall. (See Exhibit A – Bridge Rendering).

The preferred art medium for the bridge artwork is paint on fabricated aluminum sheet.

Paint specification - car paint or equivalent
Finishing – layer of lacquer to seal art
Installation – bracket system drilled into brick/concrete, aluminum sheet mounted into place like a sleeve system and then locked.

3.3 Location, Maintenance, Insurance
The Public Artwork will be installed on the Metro Bridge on Bonita Avenue and Cataract Street.

Artists who are interested in proposing artwork for this project can refer to bridge rendering on Exhibit A and visit the location of the future bridge on Bonita Avenue and Cataract Street.

Maintenance and insurance costs for art on public property shall be the responsibility of the City of San Dimas.

3.4 Budget
The City of San Dimas has appropriated funds not to exceed the amount of $100,000 for the production and installation of the Metro Bridge public art. These funds include all costs related to the artist and/or artist team’s design and project management fees; all subcontract and consultant costs, including engineers, electricians, fabricators, studio and overhead costs; fabrication, transportation, delivery, storage and installation of all art components, including liability and insurance costs as required, and all other costs associated with the art project. All applications must include a mandatory 10%

contingency as part of their project budget, to be used only with written permission from the City. Work associated with the installation of public artwork shall require the payment of prevailing wages.

3.5 Guidelines for Selection
Guidelines for Selection shall include standards for reviewing an application for the installation of Public Art in accordance with the following objectives:

1. Conceptual compatibility of the design with the site environment and City design standards;

2. Appropriateness of the design to the function and aesthetics of the site;

3. Compatibility of design and location within a unified design character or historic character of the site;

4. Creation of an integral and complementary unity with the environment;

5. Preservation and integration of natural features;

6. Appropriateness of scale, form, content, materials, textures, colors and design to the site and surrounding environment; and

7. Durability of material and ease of maintenance.
4 Evaluation of Proposals

4.1 Proposal Requirements
The City of San Dimas will conduct a comprehensive, fair and impartial evaluation of proposals received in response to this RFP. All proposals that are properly submitted will be evaluated using the evaluation criteria listed below. All proposals that are properly submitted will be evaluated by the Evaluation Committee that will make recommendations for the award of contract.

4.2 Evaluation Process

4.2.1. Applications will be pre-screened by City staff to ensure that they meet the minimum qualifications. Include all of the elements listed in the “Proposal Requirements” section 5 below.

4.2.2. The Evaluation Committee will review applications meeting the minimum requirements, and rank them according to the selection criteria outlined below.

4.2.3. The five highest-ranked applications will be selected as finalists. Finalists will have four (4) weeks to develop their concept artwork proposals. These proposals will include to-scale renderings and other visual materials required to adequately illustrate the proposed artwork, a more detailed budget, installation and maintenance plan, and schedule for completion of the work.

4.2.4. Finalists will be invited to present their proposed artwork in a meeting with City staff and Evaluation Committee. The original artwork proposals will be placed on display for a two-week period during which the public may comment, though not vote, on proposals. The standard display is artwork proposal mounted on 2’x3’ poster board.

With public input, the Evaluation Committee will invite finalists to present their projects to the City Council for consideration. Finalists must be available to attend an in-person presentation at the scheduled Council Meeting in order to be eligible to receive the award.

4.3 Evaluation Criteria
This set of criteria will be used to evaluate each artist’s proposal.

4.3.1. Artistic Merit and Experience: 40%
Overall creative and aesthetic nature of the artist’s or team’s conceptual design and narrative, and past works. Past work on projects of similar scope and scale, including

familiarity with public art installations.

4.3.2. Placemaking: 15%
Capacity to improve the overall appearance of the vicinity of the physical art and create a community asset and sense of place. Site compatibility and appropriateness to the site aesthetics. Appropriateness of scale, form, content, materials, textures, colors and design to the surrounding environment.

4.3.3. Budget: 20%
Inclusion of reasonable cost estimates within an itemized budget.

4.3.4. Local Preference: 5%
Artist and/or a majority of the artist team lives or works in the City of San Dimas.

4.3.5. Schedule: 5%
Inclusion of realistic schedule and construction process.

4.3.6. Communication: 5%
Ability to communicate clearly and work cooperatively with City staff, Evaluation Committee, and members of the general public.

4.3.7. San Dimas Relevance and Community Engagement.10% Relevance to the City of San Dimas, including (but not limited to) its diverse communities and history, traditions, and/or natural environment. Engagement with the community during the concept and design phase, and/or through interactive artwork.

4.4 Proposal Schedule and Submittal Requirements
We will schedule in-person or web-based meeting with the top five finalists based on satisfying the evaluation criteria above. City staff will reach out to the five artists to schedule a date and time for the meeting.

All documents requested in this RFP must be provided. Failure by an artist to submit these requirements may result in the proposal being rejected.

4.4.1. Letter of Interest
Description of the artist or team’s interest in the project, initial vision for the work, and relevant experience or background. Include contact information: name, address, phone, and email. (3000 characters maximum, including spaces)

4.4.2. Concept of Proposed Art Piece
Description of the concept of the proposed project, including the design intent, color, size, materials, lifetime and fabrication processes. (2000 characters maximum)

4.4.3. Concept Design
Rendering of the conceptual design, including multiple viewpoints/angles, if possible.

4.4.4. Budget Estimate
Estimated, itemized budget for the proposed project.

4.4.5. Project Schedule
Schedule for completion of work

4.4.6. Resume
Current professional resume (1000 words maximum)

4.4.7. Work Sample
A minimum of three (3) and up to ten (10) samples of past work, including an annotated image list stating the title of the piece, commissioning body, project budget, date, medium and dimensions.

4.5 Recommendation for Award
After the Evaluation Committee meeting with the five finalists and the outcome of the public input process, the Artists or Artist Teams will present to the City Council. The Evaluation Committee and City Council shall recommend to the City Manager the successful Artist. The City Manager reserves the right to make an award, not to make an award or to cancel this RFP either before or after the date of the RFP response deadline.

4.6 Contract Discussions
Upon approval by the committee, the City of San Dimas shall enter into contract discussions with the Successful Artist. If the terms and conditions of a contract cannot be successfully established within a reasonable amount of time (as determined by the City of San Dimas), then contract discussions will be terminated and contract discussions with the next highest qualified Artist will commence. Negotiations shall continue at the sole option of the City of San Dimas until a contract is signed and approvedor all proposals are rejected and the RFP is withdrawn.

4.7 Notice of Award
All artists submitting a response to this RFP will be notified in writing of the award of a contract if and when an award is made. If no award is made, all artists will be notified accordingly. For the purposes of this RFP, an award shall be deemed to have been made upon the completion of contract negotiations.
5 Submission Format and Delivery Requirements

5.1 Proposal Response Delivery
Email:
[email protected]
Mail, courier service or hand deliver:

City Clerk
City of San Dimas
245 E Bonita Ave
San Dimas, CA 91773

5.2 Date and Hour of Submission
Response must be received on or before January 24, 2022 at 5:00 pm. Any proposal that has not been received at the above address or email address by 5:00 pm on January 24, 2022 shall be disqualified from further consideration.

5.3 Acceptance or Rejection of Submissions
The City of San Dimas reserves the right to reject any or all proposals, to waive technicalities or irregularities and to accept any proposal it determines to be in the City of San Dimas best interest. The acceptance of any proposal submission shall not in any way cause the {entity} to incur any liability or obligation to artist, financial or otherwise. The City of San Dimas maycancel the RFP in whole or part without making any award at its sole discretion, without any liability being incurred by the City of San Dimas to any artist for any expense, cost, loss or damage incurred or suffered by the artist as a result of such withdrawal.

5.4 Costs for Document Development
Costs for developing the response to this RFP are entirely the responsibility of the proposing party and shall not be chargeable in any manner to the City of San Dimas. All artists agree

to provide all such additional information as, and when, requested at their own expense. No artist in supplying such information shall be allowed to change the pricing or other cost quotations originally submitted.

5.5 Proposal Validity
A proposal submitted in response to this RFP is irrevocable for 90 days from the date of submission. The City of San Dimas reserves the right to withdraw a bid acceptance at any time if in the opinion of the City of San Dimas the artist is unwilling or unable to enter into a form of contract satisfactory to the City of San Dimas. Acceptance will be defined as the City of San Dimas selecting you as our provider of service for the intent of negotiating a contract for services.

5.6 Contract Evaluation and Award
The City of San Dimas reserves the right to execute any of the following options:
• Issue no contract award for any of the services described within thisRFP. • Award all services to one artist or team of artists.
• Issue contract awards for any combination of services and artist, either all of part of the business as the City of San Dimas sees fit. • The City of San Dimas is not obligated to accept the lowest price proposal.

The City of San Dimas has no obligation to reveal the basis for contract award or to provide any information to artist relative to the evaluation or decision-making process. All participating Artists will be notified promptly of bid acceptance or rejection. 6 Contract Negotiation and Execution
It is the intent of the City of San Dimas that after the successful Artist has been selected, the City of San Dimas and the selected Artist will enter into contract negotiations containing all terms and conditions of the proposed service. Any acceptance of a proposal is contingent upon the execution of a written contract and the City of San Dimas shall not be contractually bound to anybidder prior to the execution of such written contractual agreement. The contents of the proposal submitted shall become part of the contractual obligation and incorporated by reference into the ensuing contract. The contract with a successful artist will include penalties for non-performance and failure to meet the proposal implementation schedule.

Contract execution is contingent upon approval by the City of San Dimas City Council.

6.1 Proposal Submission Certification
By submitting a proposal, artist certifies that he or she has carefully examined all the documents for the project and has carefully and thoroughly reviewed this RFP, and understands the nature and scope of the work to be done and the terms and conditions thereof. The artist further agrees that the performance time specified is a reasonable time.

6.2 Insurance Requirements
The acceptance of a bid proposal is contingent on artist providing satisfactory proof that the artist has adequate insurance coverage. It is in the City of San Dimas sole discretion the amount of insurance coverage required for the period of work under this contract.

Artist shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Artist, Artist’s agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Artist’s pricing.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
i. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (form GC 0001).
ii. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 per accident and endorsement CA0025. iii. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

B. Minimum Limits of Insurance
Artist shall maintain limits no less than:
i. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000)
ii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
iii. Errors and Omissions: $1,000,000 per occurrence and aggregate. iv. Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

C. Deductibles and Self-insured Retentions
i. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Artist shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provision
The policies are to contain, or be endorsed to contain the following provisions:
i. The City of San Dimas, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Artist, products and completed operations of the Artist, premises owned, occupied or used by the Artist, or automobiles owned, leased, hired or borrowed by the Artist. The coverage shall contain no special limitations on the scope of protection afforded to the City of San Dimas, its officers, officials, employees, or volunteers. ii. The Artist’s insurance coverage shall be primary insurance as respects the City of San Dimas, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of San Dimas, its officers, officials, employees, agents or volunteers shall be in excess of the Artist’s Insurance and shall not contribute with it.

iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of San Dimas, its officers, officials, employees, agents or volunteers.
iv. The Artist’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. Auto shall cover owned, non-owned, and hired vehicles.

E. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of San Dimas, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Artist for the City of San Dimas.

F. All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of San Dimas.

G. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

H. Verification of Coverage
Upon execution of this Agreement, Artist shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

I. Subcontractors
Artist shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Exhibit A: Bridge Rendering Page 75 – 798
01171.0001/846200.12 Page 21 of 21
Gold Line Bridge Mural Contract
EXHIBIT E - ARTIST’S PROPOSAL

Concept Designs for the Four Panels—updated May 2022

Director of Administrative
Services
Michael O’Brien
Acting Director of Community
Development
Luis Torrico
Director of Parks and
Recreation
Scott Wasserman
Director of Public Works
Shari Garwick
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov City Council
Emmett Badar, Mayor
Ryan A. Vienna, Mayor Pro Tem - District 4
John Ebiner, District 3
Eric Weber - District 1
Eric Nakano - District 2
City Manager
Chris Constantin
Assistant City Manager
Brad McKinney
City Attorney
Jeff Malawy

VIA EMAIL AND US MAIL
December 13, 2023
Habib F. Balian, Chief Executive Officer
Metro Gold Line Foothill Extension Construction Authority 406 E. Huntington Drive, Suite 202
Monrovia, CA 91016-3633
Subject: Terms for Placement and Display of Art Murals on Bonita Avenue Bridge
Dear Mr. Balian:

The purpose of this letter is to set forth the respective expectations and responsibilities for the City of San Dimas (“City”) and the Metro Foothill Gold Line Extension Construction Authority (“Construction Authority”) for the installation of four printed tile art murals (“Art Murals”) on the new light rail bridge (“Bridge”) to be built by the Construction Authority over the intersection of Bonita Avenue/Cataract Avenue in City.

The details concerning the Art Murals are specified in the following exhibits attached hereto and incorporated into this letter by reference:

Exhibit A Terms for Placement and Display of Art Murals on Bonita Avenue Bridge Exhibit B Depiction of Bridge Property
Exhibit C Art Location Specification
Exhibit D Construction Authority Art Guidelines for Materials and Finishes Exhibit E Proposed Design and Tile Specification
In summary, the Art Murals are to be commissioned by the City and will be provided by the City to the Construction Authority no later than October 5, 2024. Upon delivery of the Art Murals to the Construction Authority, the Construction Authority will take ATTACHMENT 3

Art Murals Placement and Display – Bonita Ave Bridge 2
December 12, 2023
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov ownership. The Construction Authority will install the Art Murals on the Bridge as part of its Phase 2B light rail extension project from Azusa to Montclair. The City will be responsible for maintenance costs for the Art Murals, provided that the Construction Authority may remove the Art Murals from the Bridge in the event the City does not maintain the Art Murals or reimburse the costs incurred for maintenance.

You will also find enclosed with this letter the draft agreement that will be entered into between City and the artist who will be designing the Art Murals (“Artist Agreement”).

The Artist Agreement includes a waiver of the artist’s rights of the federal Visual Artists Rights Act (“VARA”) and the California Art Preservation Act. The Artist Agreement draft also includes provisions and language concerning intellectual property specifically requested by the Construction Authority.

Please respond to this correspondence with a letter acknowledging that this letter and attachments hereto represent the parties’ mutual understanding as to the respective expectations and responsibilities of the City and the Construction Authority for the installation of the Art Murals.

Should you have any questions, please feel free to contact me by email at [email protected] or by telephone at 909.394.6210.

Sincerely,

Chris Constantin
City Manager
Cc: Tanya Patsaouras, Station & Architecture Design Manager, Metro Gold Line Foothill Extension Construction Authority (via email only) Daniel Goods, Contract Manager, Metro Gold Line Foothill Extension Construction Authority (via email only)
Scott Wasserman, Parks and Recreation Director, City of San Dimas (via email only)
Jeff Malawy, City Attorney, City of San Dimas (via email only) Enclosure: City of San Dimas Professional Services Agreement for Completion of Four (4) Wall Murals for Installation on Gold Line Bridge

01171.0001/805167.19 1

EXHIBIT A

TERMS FOR PLACEMENT

AND DISPLAY OF ART MURALS ON BONITA AVENUE BRIDGE
These Terms for Placement and Display of Art Murals on Bonita Avenue Bridge (“Terms”) are intended to set forth the respective expectations and responsibilities of the CITY OF SAN DIMAS, a municipal corporation (“City”), and METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY, a public entity of the State of California (“Construction Authority”), with respect to the installation of art murals on the Bonita Avenue Bridge in San Dimas. City and Construction Authority are sometimes jointly referred to herein as the "Parties" and individually as a "Party." RECITALS:

A. Construction Authority is responsible for completing the design and construction of the Metro Gold Line light rail system from Union Station in the City of Los Angeles to the City of Montclair. For purposes of these Terms, Phase 2B of this light rail extension project consists of the segment of the project extending from Azusa to Pomona (“Phase 2B”).

B. City and Construction Authority entered into a Cooperative Agreement for the Metro Gold Line – Phase II (Phase 2b) dated July 21, 2015 (“Cooperative Agreement”). The Cooperative Agreement specifies the procedures that City and Construction Authority will follow in implementing their respective roles and responsibilities in the planning, design, and construction of Phase 2B.

C. City and Construction Authority signed that certain Settlement Agreement on August 30, 2018 concerning modification of the design of the new light rail bridge to be built over the intersection of Bonita Avenue/Cataract Avenue in City (“Bridge”). Upon its completion, Construction Authority will be the owner of the Bridge. Construction Authority anticipates that prior to operation of the Gold Line, ownership of the Bridge will be transferred by Construction Authority to the Los Angeles County Metropolitan Transportation Authority ("Metro”); after such transfer, all mentions of “Construction Authority” herein shall refer to Metro.

D. City and Construction Authority desire to locate four (4) art murals, to be made of printed tiles and depicting San Dimas’s history (“Art Murals”), on the Bridge. The tiles for the Art Murals (“Art Mural Tiles”) have been commissioned by City and will be provided by City to Construction Authority for installation, with Construction Authority assuming ownership upon delivery to Construction Authority.

E. The Bridge is depicted in Exhibit B (“Bridge Property”). The location of the Art Murals on the Bridge is specified in Exhibit C (“Art Murals Locations”).

01171.0001/805167.19 2
F. Construction Authority Art Guidelines, which will be met by City for the design of the Art Murals, are specified in Exhibit D. The design of the art/graphics, fabrication process of the art tiles, and tiles specifications, which are depicted in Exhibit E, will be submitted by City to Construction Authority and approved by Construction Authority.

G. The Parties now wish to specify the expectations and responsibilities of each Party with respect to the design, fabrication, installation, and display of the Art Murals on the Bridge.

NOW, THEREFORE, the Terms consistent of the following:

1. EFFECTIVE DATE. These Terms shall be effective upon the delivery of a letter of acknowledgement of these Terms from the Construction Authority to the City (“Effective Date”).

2. OWNERSHIP OF ART MURALS. Upon delivery of the Art Mural Tiles to the Construction Authority as provided in Section 3.1.3 below, Construction Authority and its successors and assigns shall assume ownership thereof.

3. OBLIGATIONS OF EACH PARTY.

3.1. City Obligations.

3.1.1. Area Measurement and Graphic Development. City shall perform measurement of the recessed wall area on the Bridge to calculate the art/graphics area for tile fabrication for the Art Murals. City shall perform other activities necessary for art/graphics development for the Art Murals and proof of concept.

3.1.2. Provide Information Regarding Artwork. City shall provide to Construction Authority:
(a) Conceptual graphics for the Art Murals and revised graphics to address comments from Construction Authority and Metro, if any.

When graphics are finalized, City will provide three signed original drawings of the graphics to Construction Authority. (b) An artist statement, including a demonstration from the artist that the artwork is original, noting any sources of the imagery, and confirming that the artist has permission and/or approval to use the imagery in the Art Murals, as applicable.
(c) A sample tile.
(d) Shop drawings, product data, tile map for installation, and artwork

01171.0001/805167.19 3
files in electronic format.
(e) A copy of the registered copyright for all artwork. (f) Maintenance procedures for the Art Murals.

3.1.3. Provide Art Murals To Construction Authority. City shall deliver Art Mural Tiles for four (4) Art Murals at its cost to Construction Authority for the Bridge. The Art Mural Tiles shall be delivered to Construction Authority’s design-build contractor’s art storage facility, and delivery shall be coordinated with the Construction Authority and design-build contractor. The Art Mural Tiles shall be delivered by City no later than October 5, 2024. However, in the event of any delay by Construction Authority in its review of submittals from the City beyond 4 weeks per submittal, the time for delivery of the Art Mural Tiles to Construction Authority shall be extended for an amount of time equivalent to such delay.

3.1.4. Extend Intellectual Property (IP) /Copyright Rights to Construction Authority. City shall extend all IP and copyright rights to Construction Authority when Art Murals are furnished. City Acknowledges these rights will be transferred to Metro when the ownership of the bridge is transferred to Metro.

3.2. Construction Authority Obligations.

3.2.1. Storage. Construction Authority shall provide, or require its designbuild contractor to provide, secure storage for the fabricated Art Mural Tiles furnished by City until installation.

3.2.2. Installation. Construction Authority shall install, at its sole cost and expense, the Art Mural Tiles in accordance with manufacturer’s, Construction Authority’s, and Metro’s installation guidelines and specifications. Installation of the Art Mural Tiles shall be completed prior to the completion of Phase 2B.

3.2.3. Maintenance. (a) In its discretion, the Construction Authority may maintain or repair the Art Murals. The City will reimburse Construction Authority for costs associated with maintenance or repair of the Art Murals, provided Construction Authority gave at least two weeks (i.e. 14 calendar days) written notice to the City, including via email to the City Manager, prior to incurring costs; however, within two weeks (i.e. 14 calendar days) after receiving such notice, if City indicates that it will not reimburse Construction Authority for such maintenance or repair, City will be deemed to have abandoned the Art Murals and Construction Authority may remove the Art Murals at its own expense.

01171.0001/805167.19 4
Notwithstanding the preceding sentence, the Construction Authority may maintain or repair the Art Murals in the case of an emergency posing a threat to public safety, in which case prior notice is not required and City will reimburse Construction Authority for applicable costs. (b) Following completion of Phase 2B and after City has coordinated access to the Bridge with and obtained rights of entry from Construction Authority and Southern California Regional Rail Authority (SCRRA), City may access the Bridge area and maintain or repair the Art Murals at its expense in accordance with Construction Authority or SCRRA requirements, if any. (c) The City may elect to abandon the Art Murals or not to maintain the Art Murals by providing written notice of such election to Construction Authority. Upon receipt of such notice, Construction Authority may remove the Art Murals at its own expense. (d) If the City fails to reimburse Construction Authority within sixty days of receiving an invoice for maintenance or repair in accordance with subsection (a) above, City will still owe such amounts but will be deemed to have abandoned the Art Murals and Construction Authority may remove the Art Murals at its own expense.

3.2.4. Metro shall strive to maintain the Art Murals in good repair and condition during their lifespan. However, Metro may defer maintenance at its discretion due to lack of funds or other operational imperatives.

Metro, at its sole discretion, may make a good faith effort to engage the Artist in the restoration of the Artwork and to compensate the Artist, but is under no obligation to do so. If specialized conservation services or fabrication are required, Metro may contract a qualified party to perform the work.

4. PROJECT MANAGEMENT.

4.1. Construction Authority Project Manager. Construction Authority designates the following individual as its Project Manager:

Chris Burner, Chief Project Officer
Metro Foothill Gold Line Extension Construction Authority 406 East Huntington Dr, Suite 202
Monrovia, CA 91016
626-305-7022
[email protected]

4.2. City Project Manager. City designates the following individual as its Project Manager:

Chris Constantin, City Manager
City of San Dimas
245 E Bonita Ave, San Dimas CA 91773

01171.0001/805167.19 5
909-394-6200
[email protected]

4.3. Change of Project Manager. Either Party may change its Project Manager or contacts upon written notice to the other Party.

5. EARLY TERMINATION.

5.1. By Construction Authority. Prior to installation of the Art Mural Tiles, the Construction Authority may terminate its obligations under these Terms (a) with City’s written consent upon Construction Authority’s showing that the Bridge needs to be substantially remodeled or altered in a way that precludes continued display or maintenance of the Art Murals, or (b) by providing written notice to the City if the Art Mural Tiles were not provided by October 5, 2024; however, in the event of any delay by Construction Authority in its review of submittals from the City beyond 4 weeks per submittal, the date on which the Construction Authority may elect to terminate the Agreement for non-delivery of the Art Mural Tiles shall be extended for an amount of time equivalent to such delay.

5.2. By City. City may terminate its obligations under these Terms at any time and for any reason, upon sixty (60) days prior written notice to Construction Authority.

6. CITY ACCESS TO BRIDGE. After the Effective Date, Construction Authority shall permit City and its contractors to access the Bridge wing walls as reasonably necessary for the development of the Art Murals; provided however, the City shall coordinate any bridge access via Construction Authority’s design-build contractor and comply with any requirements thereof. Additionally, City shall be allowed access to the Bridge area for maintenance and repairs of the Art Murals as provided in Section 3.2.3. Following completion of the Bridge, the City shall coordinate any Bridge access with Metro and SCRRA and comply with any requirements thereof.

7. SUCCESSORS AND ASSIGNS. The rights and obligations of Construction Authority as specified in these Terms shall accrue to and be binding on Construction Authority’s successors and assigns, including Metro, and shall accrue to and be binding upon all successors and assigns acquiring any right, title and interest in and to the Bridge Property.

8. ARTIST WAIVER. The City will enter into an agreement with the artist of the Art Murals (“Artist”), wherein the artist waives his rights under the federal Visual Artists Rights Act (“VARA”) and the California Art Preservation Act (“CAPA”).

9. NOTICE. All notices shall be in writing and delivered personally, by overnight air courier service, by facsimile transmission or email, or by U.S. certified or registered mail, return receipt requested, postage prepaid, to the Parties at their respective

01171.0001/805167.19 6
addresses set forth below, and the same shall be effective upon receipt if delivered personally, one (1) business day after depositing with an overnight air courier:

City: City of San Dimas
245 E. Bonita Ave.

San Dimas CA 91773
Attn: City Manager
with copy to: City of San Dimas
245 E. Bonita Ave.

San Dimas CA 91773
Attn: City Attorney
Construction Authority: Metro Gold Line Foothill Extension Construction Authority
406 East Huntington Drive, Suite 202
Monrovia, California 91016
Attn: Chief Executive Officer
with copy to: Metro Gold Line Foothill Extension
Construction Authority
406 East Huntington Drive, Suite 202
Monrovia, California 91016
Attn: General Counsel
Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section 10.

01171.0001/805167.19 1

EXHIBIT B

DEPICTION OF BRIDGE PROPERTY

Exhibit Page 114 – 798 B: Bridge Rendering
01171.0001/805167.19 1

EXHIBIT C

ART LOCATION SPECIFICATION

01171.0001/805167.19 1

EXHIBIT D

CONSTRUCTION AUTHORITY ART GUIDELINES FOR MATERIALS AND FINISHES

Metro Art Guidelines for Materials and Finishes
January 2017
Background
These guidelines are intended to assist artists in identifying appropriate approaches to artwork materials, finishes and locations prior to the development of artwork proposals. The guidelines are a detailed component of Metro's Rail and Bus Rapid Transit Design Criteria and reflect lessons learned over many years of maintaining public art in the Metro system.

Commissioning artists and installing artworks at stations and facilities are the end results of selection processes that include the participation of community representatives and arts professionals. Great efforts are taken to ensure the artwork’s longevity for the enjoyment of Metro passengers and for generations to come.

Permanency, for these guidelines, shall be defined as works of art intended to be in public display, and serving their intended purposes, for a period of no less than 25 years.

Materials and Finishes
In order to protect the agency’s assets, and to ensure the safety and longevity of the art collection throughout the transit system, the Metro Art program coordinates with multiple agency departments to review art proposals for safety, constructability, maintainability, durability, ADA accessibility, security and operational impacts. Artwork fabrication and installation details are scrutinized, with a special attention to materials and finishes.

Locations
Location, fabrication and material considerations are key factors that impact artwork longevity.

Metro Art program staff coordinates with artists, project design professionals, agency departments and others to identify and optimize artwork locations for aesthetic impact, while meeting durability, maintenance and budget requirements. Metro Art provides final approval of all artwork locations.

Artists are required to discuss their art concept proposals with Metro Art representatives at the initial stages of concept development and prior to concept proposal presentation. Artists shall design artworks that allow ease of access for regular maintenance and repairs and future removal and re-installation without significant damage to the artwork or existing station materials and finishes.

Collectively, these measures assist to alleviate Metro’s operational and maintenance costs and increase the longevity of artworks in the transit system. Metro Art will periodically update these guidelines based on innovations in product development, fabrication processes, lessons learned as well as input from the transit field.

EXHIBIT D

Metro Art Guidelines for Materials and Finishes 2
List of Materials
The following list includes general observations based on Metro experiences within the transit system. Artwork feasibility reviews and in-depth conversations between Metro Art program representatives and artists contributes to successful art projects. Artworks shall not be created, located or function in a way that requires them to meet or substitute for life/safety criteria such as minimum foot-candle levels, exit gating, handrails, etc.

Audio/Acoustic/Sound
• Artworks depending wholly or partially on sound (wind, water driven, mechanical, chimes, cables and other devices) are not recommended and may require extensive acoustical analysis and community input.
▪ Permanent artworks depending wholly or partially on electronic based audio/sound and its associated equipment and technology are not acceptable.

Concrete
Concrete is a durable material in a variety of finishes, textures and colors, which may be used for paving, relief work, sculptures, formwork and other creative applications. Including:
• Glass fiber reinforced concrete (GFRC).
• Formwork panels.
• Cast and pre-cast concrete.
▪ Lithocrete/Glasscrete/Syndecrete (proprietary names for a variety of concrete systems seeded with decorative aggregates) is not recommended for station platform paving, but may be considered for interior/exterior vertical applications on a case-by-case basis and may be permissible in secondary, less trafficked area.

Electronic/Digital
▪ Permanent artworks depending wholly or partially on electronic, digital, video, film, new media or computerized elements are not acceptable due to interference from intrusive magnetic dust produced in the transit environment, requirements for frequent equipment replacements and updates and the need for specialized skills to maintain these artworks in continuous working order.

Glass
A durable material with a wide variety of product finishes, textures and colors with possible interior and exterior applications such as:
• Fused glass.
• Hand painted, screened imagery, airbrushed and fired. • Ceramic frit.
• Etched/sandblasted.
• Glass smalti/cake, mosaic.
• Cast and slumped glass may be considered in some protected locations and may be permissible on a case-by-case basis.

Graffiti Coatings

Metro Art Guidelines for Materials and Finishes 3
Upon installation of new artworks, Metro requires application of sacrificial graffiti abatement coatings. Abatement coatings shall be in accordance with Metro approved specifications for the use of Metro’s current graffiti abatement contractor as noted below:

Prosoco Sacrificial Coating SC-1
• Concrete and glass fiber reinforced concrete.
• Marble, travertine, limestone (unpolished).
• Granite (unpolished).
• Most painted surfaces.
• Fired clay (except pavers).
• Not suitable for horizontal surfaces.

Prosoco SLX-100
• Fired clay (pavers only).
• Ceramic tile.

Genesis Coatings Products – GCP1000
• Properly prepared metals coated with epoxies or urethanes.

Iron - Cast & Wrought
▪ Not recommended for any permanent artwork.

Kinetic Sculptures
• Artworks relying wholly or partially on moving parts, designed to be activated by the elements, may be permissible if acceptable materials and finishes are specified, and will be determined on a case-by-case basis.
▪ Artworks relying wholly or partially on moving parts, regardless of materials, when activated by electronics, battery power, or ball bearings are not acceptable.

Landscape Sculptures/Elements
▪ Use of plant materials in artistic manner or specification of plants as artworks is not acceptable. Metro cannot guarantee resources to be able to maintain artistic landscape to artist’s aesthetic intent.

Lighting/Light Sculptures
▪ Permanent artworks dependant wholly or partially on lighting of any type (fluorescent, incandescent, neon, LED, halogen, xenon, fiber optics, etc.) have not held up well in the Metro environment and are not acceptable due to requirements for frequent equipment replacements and updates, and the need for specialized skills to maintain these artworks in continuous working order.

Masonry
• Clay masonry units (bricks), concrete masonry units (concrete blocks) and architectural terra cotta are permissible depending on the finish, quality of materials and location. • Glass masonry units (glass blocks) may be permissible at limited locations out of reach of the public.

Metro Art Guidelines for Materials and Finishes 4
Metals – Steel
Steel may be suitable for permanent artworks depending on the finish, quality of materials, solar exposure, marine environment proximity and location as noted below:
• Galvanized.
• Powder Coated (above 7 foot height level).
• Porcelain Enamel.
• Stainless (A302 or greater).
• Painted steel is not suitable for artworks within direct reach of the public (under 7 foot height level). Refer to the Paint/Coating Systems heading for more details. ▪ Corten/Weathering Steel is not acceptable for exterior permanent artwork, but may be considered in interior applications on a case-by-case basis.

Metals – Aluminum
▪ Aluminum with images embedded into a powder coat through a dye sublimation process may be acceptable on a case-by-case basis.
• Anodized or powder coated aluminum may be permissible depending on location and indirect accessibility (out of reach from the public).
• Orbital finishes may be permissible based on review and approval of samples. • Cast aluminum (die cast, sand cast, investment casting and continuous casting) is acceptable.
• For painted aluminum refer to the Paint/Coating Systems heading in this document.

Metals - Bronze/Brass/Copper/Tin/Lead/Zinc/ Titanium & Alloys • Permissible on a case-by-case basis above the 7 foot height level. ▪ Floor and wall inlays may be considered in some very limited circumstances such as dividers or inserted imbeds in terrazzo floors or in locations that can be routinely cleaned and refurbished without specialized maintenance considerations such as polishing, waxing, replacement of etched infill, etc.
▪ Not recommended for sculptures or other artist designed elements when placed in locations physically accessible to the reach of the public, including any location below the 7 foot height level.

Paint/Coating Systems
Recommended for application on some materials and locations as outlined below:
• Murals: Exterior murals are allowed only for temporary projects (lasting 5 years or less). • Murals: Interior murals may be permissible depending on location, paint quality, application method and professional art conservator recommendations. • Miscellaneous Metals: Painted aluminum and carbon steel may be permissible if primed with a zinc rich primer (or equivalent). Metro review of paint manufacturer’s specifications and application methods is required to ensure quality control, and appropriate art conservator recommendations must be obtained.

Terrazzo
• Cast, pre-cast and rustic terrazzo have not held up well in the Metro environment and are permissible materials for exterior permanent artworks on a limited case by case basis. • Epoxy terrazzo may be acceptable for vertical applications and interior paving at selected locations.

Metro Art Guidelines for Materials and Finishes 5
Text
• Text that is part of a published poem, song, novel or other copyrighted material shall require written proof of permission to use the copyrighted material. • Regardless of materials or locations, the use of text as a primary or secondary element of the artwork is not encouraged.

Thermoplastics
• Some polycarbonates may be permissible for exterior and/or interior locations pending combustibility review and approval by LAFD Fire Marshall and Metro. ▪ Painted thermoplastics, fiberglass, carbon fiber, ABS plastics, acrylics, plexiglass, nylons, vinyls, melamines, polyesters, phenolics, resin and rubber are not recommended for any permanent/exterior artworks.

Tile/Mosaic
• High quality glazed vitreous and non-vitreous tiles, glazed and unglazed porcelain or clay body tiles, mosaic glass (smalti) tiles, quarry tiles and paver tiles are permissible in most vertical applications and locations.
• Mosaics have not held up well in the Metro environment when applied as a paving surface. Use of mosaics for exterior paving surfaces is not recommended. • All paving tiles and mosaic assemblies must pass coefficient of friction slip tests and conform to ADA requirements.
• All grouts must meet CTIOA (Ceramic Tile Institute of America) standards and recommendations based on specific tile application.
▪ Regardless of location, installation of epoxy grout is not acceptable.

Stone
Stone may be suitable for permanent artworks depending on the type, finish, quality of materials, thickness and location, as noted below:
• Granite: suitable for all locations
• Marble/Travertine: recommended for locations out of reach of public, or above the 7 foot height level.
• Other Stone: Onyx, Bluestone, Sandstone, Soapstone, Limestone, Mica, Coral, Cantera, etc. are not recommended but may be permissible on a case by case basis when out of the reach of the public or when interior or protected locations. ▪ Slate: not acceptable for permanent artworks
Wood
▪ Rough, dimensional lumber, plywood, particleboard and other composites are not acceptable for any permanent artwork.

END

01171.0001/805167.19 1

EXHIBIT E

PROPOSED DESIGN AND TILE SPECIFICATION

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 1 Rev 0: 12/07/20 SECTION 09 30 00

FLOOR AND WALL TILE
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Furnishing and installing floor and wall tile, tile accessories, and trim as indicated, including leveling coat on walls.

1.02 RELATED SECTIONS
A. Section 03 05 15: Portland Cement Concrete
B. Section 07 92 00: Joint Sealants

1.03 REFERENCES
A. American National Standards Institute (ANSI):

1. ANSI A108.01 - General Requirements: Subsurfaces and Preparations by Other Trades

2. ANSI A108.02 - General Requirements: Materials, Environmental, and Workmanship

3. ANSI A108.5 - Installation of Ceramic Tile with Dry-Set Portland Cement Mortar or Latex-Portland Cement Mortar

4. ANSI A108.9 - Installation of Ceramic Tile with Modified Epoxy Emulsion Mortar/Grout

5. ANSI A108.10 - Installation of Grout in Tile work

6. ANSI A118.3 - Chemical Resistant, Water Cleanable Tile Setting and Grouting Epoxy and Water Cleanable Tile Setting Epoxy
Adhesive

7. ANSI A118.4 - Latex-Portland Cement Mortar

8. ANSI A137.1 - Ceramic Tile
B. ASTM International (ASTM):

1. ASTM A82 - Steel Wire, Plain, for Concrete Reinforcement

2. ASTM A185 - Steel Welded Wire Reinforcement, Plain, for Concrete

3. ASTM C144 - Aggregate for Masonry Mortar

4. ASTM C150 - Portland Cement

5. ASTM C171 - Sheet Materials for Curing Concrete

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 2 Rev 0: 12/07/20

6. ASTM C242 - Terminology of Ceramic Whitewares and Related Products

7. ASTM C1028 - Test Method for determining Static Coefficient of Friction of Ceramic Tile and Other Like Surfaces by the Horizontal
Dynamometer Pull-Meter Method
C. Tile Council of North America (TCNA):

1. TCNA Handbook for Ceramic, Glass, and Stone Tile Installation.

1.04 QUALITY ASSURANCE
A. Comply with Project Quality Control / Quality Assurance Plan (QCQAP).

B. Manufacturer and Applicator/Installer Qualifications:

1. Manufacturer’s Qualifications: Minimum of 5 years' experience in manufacturing of specified materials/products, with record of successful in-service performance.

2. Applicator/Installer Qualifications: Engage applicator/installer with experience in installation of materials/products similar in material, design, and to extent indicated for this Project.
a. Installer Certification: Obtain written certification from manufacturer, certifying that installer is approved by, licensed, or certified by manufacturer for installation of specified materials/products or systems.

C. Mock-ups: Construct mock-up of ceramic tile installation at area on Site approved by Designer of Record.

1. Make mock-up approximately 4 by 4 feet.

2. Blend tiles to achieve smooth transition within range approved in advance by Designer of Record.

3. Provide one mock-up for each type, class, and color of installation required.

4. Accepted mock-ups in undisturbed condition at time of completion may be used as part of Work, and may be included in finished work, when approved by the Authority or its designee.

5. Revise rejected mock-up until approval, in writing, is obtained from the Authority or its designee.

6. Mock-ups, when approved by the Authority or its designee, will be used as basis for comparison with remainder of tile work for purposes of acceptance or rejection.

7. If mock-up panels are not permitted to be part of finished Work, completely demolish and remove them from job site upon completion and acceptance of tile work.

1.05 SUBMITTALS
A. Refer to Sections 5.3.5.3 and 10.0 of the General Requirements for submittal requirements and procedures.

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 3 Rev 0: 12/07/20 B. Product Data: Manufacturers technical information and installation instructions for materials required.

1. Include certifications and other data required to show compliance with specifications.

2. Provide Manufacturer’s sample warranty for materials.

C. Shop Drawings: Detailed and dimensioned, showing actual composition, tile patterns and locations, layout and cutting, based on field measurements.

1. Indicate widths of control, contraction and expansion joints in tile substrates and finished tile surfaces.

D. Samples:

1. Minimum of four samples, or four sample sets for each type of tile and for each color and texture required, not less than 12 inches square, on plywood or hardboard backing and grouted where required, plus manufacturer’s warranty. a. Provide minimum of four board-mounted tiles for sizes 4-1/4 inches and larger.

2. Full size samples for each type of trim, accessory and for each color.

3. Minimum of four 6 inch long sample of each type of stone threshold and metal edge strips.

4. Grout: Minimum of four samples of approximately two inch cube for each color.

E. Certificates:

1. Manufacturer’s certification that grout materials being provided are suitable for intended use and meet or exceed referenced standards.

2. Test Report for floor tile coefficient of friction complying with ASTM C1028 and ANSI A137.1.

1.06 DEFINITIONS
A. VOC: Volatile Organic Compound, as defined in SCAQMD Rule 102 - Definition of terms:

1. Any volatile compound of carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides of carbonantes, ammonium carbonate, and exempt compounds.

B. SCAQMD: South Coast Air Quality Management District

1.07 SYSTEM DESCRIPTION
A. Tile installation systems, waterproof membrane, mortar and grouts, fully compatible components of system from one manufacturer.

1.08 WORKSITE CONDITIONS
A. Close areas of installed tiles to traffic for not less than 72 hours immediately after grouting.

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 4 Rev 0: 12/07/20

1. Protect from damage until Work has been accepted by Contractor's QC Representative.

1.09 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials, other than bulk materials, in manufacturer's original unopened containers fully identified with name, brand, type, class, size, color and pattern.

1. Store materials elevated above grade and protected from weather and damage.

2. Store in accordance with manufacturer's instructions; handle to prevent damage.

1.10 REGULATORY REQUIREMENTS
A. Comply with test procedures required by local code enforcing agencies.

1.11 SPARE PARTS AND REPLACEMENT MATERIALS
A. Upon completion of Work, deliver to KPJV 2 percent of total of each tile size, pattern and color used on Project for use in future repair and maintenance Work, but not less than full cartons.

1. Furnish boxes of whole tiles, sealed and properly identified.

1.12 WARRANTY
A. Manufacturer’s Warranty: Manufacturer’s standard warranty that products will meet or exceed performance specifications of ANSI 137.1 and be free from defects caused by improper manufacturing, for period of one year from date of Substantial Completion.

PART 2 - PRODUCTS

2.01 CERAMIC TILE UNITS
A. Provide standard grade tile, conforming to Tile Council of North America (TCNA) and ANSI A137.1; impervious tile conforming to ASTM C242.

B. Obtain materials from one source for each type and colors of tile, grout, and setting materials as indicted on the Contract Drawings.

1. Provide certification by respective manufacturers that materials furnished from more than one manufacturer are fully compatible with other system components

2. Match control samples of Authority.

2.02 MORTAR SETTING BED AND GROUT MATERIALS
A. Portland Cement: ASTM C150, Type I or Type II; white where required to match color selection.

B. Sand: ASTM C144.

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 5 Rev 0: 12/07/20 C. Pigments: Pure mineral, resistant to alkali, non-fading, and weatherproof

1. Colors: As shown on Contract Drawings.

D. Water: Clear, potable without deleterious substances which would impair work.

E. Latex Additives: Conform to ANSI A118.1

1. Mortar Additive: Laticrete 3701 Grout and Mortar Admix by Laticrete International, Inc., 309 Keraply by Mapei Corp., or approved equivalent.

2. Grout Additive: Laticrete 1776 Grout Admix Plus by Laticrete International, Inc., 309 Keraply by Mapei Corp., Hydroment Multi-Purpose Admix by Bostik, or approved equivalent.

3. Slurry Bond Coat Additive: Laticrete 4237 by Laticrete International, Inc., 303 Keracrete by Mapei Corp., or approved equivalent.

F. Factory-Prepared Dry Ingredients: Conform to ANSI A118.4 and A118.11

1. Mortar: Laticrete 226 by Laticrete International, Inc., 4 to 1 by Mapei Corp, or approved equivalent.

2. Grout: Laticrete Floor Grout and Joint Filler by Laticrete International, Inc., Keracolor Floor and Keracolor Wall by Mapei Corp., Hydroment Grout and Joint Filler by Bostik, or approved equivalent.

G. Floor Grout for Toilet Rooms and Interior Floors where Indicated: Stain-resistant sanitary, 100 percent solids, epoxy grout conforming to ANSI A118.3.

1. Color as indicated on Contract Drawings.

H. Epoxy Grout: Epoxy Grout by Laticrete International, Inc., Kerapoxy by Mapei Corp. or approved equivalent.

2.03 CONCRETE FILL
A. Specified in Section 03 05 15 – Portland Cement Concrete.

2.04 PERFORMANCE
A. Conform to following physical performance requirements:

1. Bond Coat: Resistant to chemical attack by urine, dilute acids and alkalis, sugar, brine and food wastes.
a. Compressive Strength: 4,050 lbs./sq. in. minimum
b. Tensile Strength: 400 lbs./sq. in. minimum
c. Water Absorption: 4 percent maximum
d. Ozone Resistance, (200 hr @ 200 ppm): Not affected
e. Flame Contribution Factor: 0
f. Smoke Contribution Factor: 0

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 6 Rev 0: 12/07/20

2. Floor Tile: Static Coefficient of friction conditionally slip resistant 0.6, wet and dry, in accordance with ASTM C1028

3. Epoxy Grout: Chemical and stain resistant to wide range of acids, foods, hydrocarbon solvents and other substances; exceed ANSI A118.3:
a. Compressive Strength @28 days: 3,500 lbs./sq. in.
b. Hardness, Shore D: 70
B. Water Absorption of Impervious Tile: 0.5 percent or less.

2.05 UNDERLAYMENT
A. Waterproofing Membrane:

1. Cold-applied laminated CPE composite waterproofing membrane for thin-set tile setting application of latex-modified mortar and grout.

2. Install waterproof membrane over cured mortar bed in accordance with TCNA Method F122 at Second Floor rooms scheduled to have tile.

3. Products: NobleSeal® TS Membrane Waterproofing system by Nobel Company, or approved equivalent; Zero VOC.

B. Cleavage Membrane

1. Sheet membrane product specifically manufactured for use in thin-set tile installations at slab-on-grade conditions as crack isolation sheet to prevent cracks in concrete slab from telegraphing through to tile.

2. Install cleavage membrane over cured mortar bed in accordance with TCNA Method F122 at Ground Level (slab-on-grade) rooms scheduled to have tile.

3. Products: NobleSeal® TS or CIS Membrane by Noble Company, or approved equivalent; Zero VOC.

2.06 EMBEDDED ITEMS
A. Reinforcing Wire Fabric: Use at floor mortar beds below waterproofing/cleavage membranes.

B. Galvanized, welded wire fabric, 2 by 2 inches by 0.062-inch diameter.

C. Comply with ASTM A185 and ASTM A82, except for minimum wire size.

D. Wire Fabric Supports: Dayton-Superior Corporation. MeadowBurke, or approved equivalent.

E. Edge Strips: Approved standard product white metal dividers with integral anchors.

1. Size: 1/8 inch by 1-1/4 inch minimum depth.

F. One piece at each opening.

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 7 Rev 0: 12/07/20

2.07 MORTAR, GROUT, AND SLURRY BOND COAT MIX
A. Mortar Setting Bed, Thick Bed: Add dry mortar mix to correct amount of latex additive recommended by latex additive manufacturer to obtain proper consistency; do not add water.

B. Grout: Add dry grout mix to correct amount of latex additive specified by manufacturer; do not add water.

C. Slurry Bond Coat: Portland cement mortar mixed with liquid latex additive in amounts specified by latex manufacturer

1. Comply with ANSI 118.4; do not add water.

D. Leveling Coat Mix for Walls:

1. One part Portland cement, three parts mason's sand mixed with specified leveling coat additive.

2. When hand mixing, thoroughly mix dry mortar ingredients before adding liquid additive to obtain proper consistency.
a. When machine mixing, add liquid additive first, unless otherwise recommended by additive manufacturer; Discard mixture which has reached initial set. b. Comply with additive manufacturer's recommendations.

2.08 TILE LOADS:

A. Comply with following train induced transient pressures at platform, mezzanine and entrance areas.

B. Platform Level:

1. Beyond end of platform, for first 50 feet of platform, and in track damper room in underground station: 70 lbs/sq. ft. positive, 30 lbs/sq. ft. negative pressure.

2. Other Platform Areas: 30 lbs./sq. ft. positive, 10 lbs./sq. ft. negative pressure.

C. Mezzanine Level:

1. In Track Damper Room in underground station: 70 lbs./sq. ft. positive, 30 lbs./sq. ft. negative pressure.

2. Other Mezzanine Areas:10 lbs./sq. ft. positive, 10 lbs./sq. ft. negative pressure.

D. Entrance Areas: 10 lbs./sq. ft. positive, 10 lbs./sq. ft. negative pressure.

PART 3 - EXECUTION

3.01 INSPECTION
A. Verify surfaces to be tiled are firm, dry, clean and free of oily and waxy films, and concrete substrates are free of form oils and curing compounds.

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 8 Rev 0: 12/07/20 B. Verify Work of other trades, in and behind tile, is installed before proceeding with tile Work.

C. Ensure variations of floor to be tiled do not exceed 1/4 inch in 10 feet from required plane, and variations in walls do not exceed 1/8 inch in eight feet.

3.02 INSTALLATION
A. Comply with manufacturer's instructions and referenced standards for installation of materials required.

B. Do not exceed following deviations from level and plumb, and from elevations, locations, slopes and alignments indicated:

1. Floors: 1/8 inch in 10 feet in any direction; ±1/8 inch at any location; 1/32 inch offset at any location; provide positive drainage.

2. Walls: 1/8 inch in eight feet in any direction; ±1/8 inch at any location; 1/32 inch offset at any location.

3. Joints: ±1/32 inch joint width variation at any location; 1/16 inch in three feet for deviation from other variations in alignment of joints.

C. Lay out tile Work in pattern indicated using field tile and trim shapes indicated and where required.

1. Center tile fields in both directions in each space and adjust to minimize tile cutting; do not use less than half tiles at perimeter.

2. Use uniform joint widths indicated.
a. Cut field tiles, not trim shapes, unless otherwise indicated.

D. Avoid cutting tile; if cutting is necessary, use power-operated abrasive saw.

1. Finish cut edges of tile with carborundum stone to match uncut edges.

E. Extend tile Work into recesses and under equipment and fixtures in spaces indicated or scheduled to receive tile.

1. Form complete covering without interruptions.

2. Terminate Work neatly at obstructions, edges and corners without disruption of pattern and joint alignments.

F. Expansion Joints:

1. Comply with TCNA Handbook, Method EJ171 – Movement Joint Guidelines for Ceramic, Glass, and Stone.

2. Provide expansion/control joints where indicated, complying with following:
a. Interior: 20 feet to 25 feet in each direction.
b. Exterior: 8 feet to 12 feet in each direction.

G. Application of Mortar Bed for Floors - ANSI A108.1

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 9 Rev 0: 12/07/20

1. Place waterproofing membrane for tile in accordance with waterproofing manufacturer's instructions at locations indicated; place specified wire reinforcing.

2. Except surfaces where waterproofing is installed, place cleavage membrane over substrate; lap at least four inches at joints.

3. Place cleavage membrane over cured mortar bed and wire reinforcing. a. Lap reinforcing at least one full mesh and support in approximate middle of mortar bed.
b. Wire tie reinforcing every 12 inches along fabric joint. c. Do not butt reinforcing against vertical surfaces.

4. Place, tamp firmly, and screed mortar bed level, with proper slope to drain. a. Mortar bed thickness: Between 1 1/4 inches and two inches.

H. Application of Leveling Coat and Mortar Bed on Walls

1. Apply leveling coat over cement board substrate when surface varies more than 1/4 inch in eight feet from required plane, and when mortar bed thickness more than 3/4 inch is required to build out to finish tile surface; Scratch and cure leveling coat.

2. Apply workable mortar bed 24 hours after leveling coat has cured.

3. Provide workable mortar bed, materials, and installation of tile conforming to ANSI A108.1.
a. Provide cured mortar bed and materials conforming to ANSI A108.1.

I. Installation of Tiles:

1. Comply with pertinent provisions of referenced standards, except as otherwise directed by Designer of Record or specified.
a. Maintain minimum temperature limits and installation practices recommended by materials manufacturers.
b. Do not install tile floors over membrane until membrane has been tested and accepted.
c. Mix and use proprietary materials in strict accordance with manufacturers’ printed instructions.
d. Prepare surfaces, set, fit, grout, and clean work of this Section in strict accordance with referenced standards and manufacturers’ recommendations.

2. Placement Method: Install tile using following setting beds shown or scheduled. a. If not otherwise indicated, use Portland cement mortar where thickness and substrate permits.
b. Portland Cement Mortar Bed Installations.
1) Latex-Portland cement mortar over cured mortar bed. ANSI A108.5. c. Thin-Set Installations:
1) Latex-Portland cement mortar, ANSI A108.5.

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 10 Rev 0: 12/07/20

3. Install tile in accordance with pertinent provisions of specified ANSI standards, pressing and beating tile into place to obtain 100 percent coverage by mortar on back of each tile.
a. Back-butter tiles if necessary, to achieve 100 percent coverage.

J. Grouting and Curing of Tiles: Firmly set before grouting; not less than 48 hours.

1. Grout and cure floor tiles and pavers in accordance with ANSI A108.9

2. Grout and cure wall tiles in accordance with ANSI A108.10.

3.03 CLEANING
A. Upon completion of grouting, clean tile in accordance with recommendations in TCNA Handbook and in accordance with manufacturer's instructions.

B. Keep tile and pavers moist with fine water mist not less than 72 hours.

C. In addition to initial cleaning procedure required, and not more than 2 days before acceptance by KPJV, clean tile and paver Work recommended by manufacturer.

3.04 ADJUSTING
A. Replace damaged units with new specified material.

END OF SECTION 09 30 00

Foothill Extension Phase 2B
Contract No. C2002
Floor and Wall Tile
KPJV Construction Specification 09 30 00 - 11 Rev 0: 12/07/20 The technical provisions contained in this section have been prepared by or under the direction of the following Registered Persons:

Revision History
Revision Date Description
0 12/07/2020 AFC
Metro Gold Line Foothill Extension
Construction Authority
Approved for Construction
01/28/2021

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of December 12, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Approve the First Amendment to the Joint Use Agreement between the City of San Dimas (City) and the Bonita Unified School District (District) for joint use, operation and maintenance of recreation facilities at the Sports Plex Revising Cost Reimbursement Related to the Varsity Baseball Field and Revising Agreement Renewal Provisions
____________________________________________________________________________

SUMMARY
The City of San Dimas and Bonita Unified School District signed a Joint Use Agreement in 1987 to jointly operate and maintain the Sports Plex recreation facilities. Since 1987, the City has paid a contractor to maintain the entire Sports Plex. The District reimburses the City for 50% of the cost of maintenance. The proposed contract amendment transfers 100% of the responsibility for the cost of maintenance of the varsity baseball field to the District. The Agreement will automatically renew annually unless notice is given by April 1st.

RECOMMENDATION
City Staff recommends that the City Council:
• Approve the First Contract Amendment between the City of San Dimas and the Bonita Unified School District to transfer responsibility for the cost of maintenance of the varsity baseball field to the District and revising agreement renewal provisions.

FISCAL IMPACT
There will be no fiscal impact to the Fiscal Year 2023-24 Budget. Beginning in 2024, the District will begin reimbursing the City for 100% of annual expenses related to the maintenance of the varsity baseball field (approximately $18,000). Currently, the District reimburses the City for half the cost of maintaining the varsity baseball field ($9,000).

BACKGROUND

Joint Use Agreement between City of San Dimas and Bonita Unified School District Page 2 For the Meeting of December 12, 2023
The City of San Dimas and the Bonita Unified School District signed a Joint Use Agreement in 1987 for joint use, maintenance and operation of the City’s Sports Plex, which is located on District property. Per the Agreement, the District reimburses the City for 50% of the cost of maintenance of the facility, which includes tennis courts, basketball courts, and several baseball and soccer fields. The First Amendment to the Agreement shifts 100% of the cost to maintain the varsity baseball field to the District, as the field is not available for City use.

DISCUSSION/ANALYSIS
The City of San Dimas and Bonita Unified School District have maintained a productive working relationship since 1987, around the joint use agreement for the Sports Plex and separate agreements pertaining to crossing guards, the use of the Recreation Center and the provision of a School Resource Officer. The two entities meet regularly to discuss facility operations and cost sharing arrangements. As budgetary pressures are predicted in the upcoming years, the two entities have been meeting regularly to ensure that costs borne by each entity are reasonable and equitable. In the past, the City has programmed the use of ball fields for local youth sports organizations. However, the City has never been authorized to use the varsity baseball field for any recreational activities. The purpose of the First Amendment to the Agreement between the City and District is to shift 100% of the cost of maintenance of the varsity ball field (approximately $18,000) to the District. The City will continue to pay its contractor to maintain the Sports Plex and the District will continue to reimburse the City for 50% of this cost, with the exception of the varsity baseball field, for which the District will reimburse 100% of the cost of annual maintenance.

To ensure continuity, the revisions include provision that the agreement will renew automatically unless notice is given by April 1st, approximately 3 months prior to the start of the next year. The City is continuing to look at this agreement and how to best leverage both the City’s and Bonita Unified facilities to maximize service that can be provided to our City residents while ensuring efficient and effective costs to the City for maintaining and utilization.

ALTERNATIVES
The City Council could decide not to approve the recommended contract amendment with the District. In this scenario, the District would continue to pay 50% of the cost of maintenance for the Sports Plex and the City would continue to subsidize one half of the cost of maintaining the varsity baseball field that is not available for City use.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation

Joint Use Agreement between City of San Dimas and Bonita Unified School District Page 3 For the Meeting of December 12, 2023
Attachments:

1. First Amendment to BUSD & City Joint Use Agreement

2. BUSD & City Original Joint Use Agreement

ATTACHMENT 1
153980v6 / BON.76

FIRST AMENDMENT TO

THE AGREEMENT FOR JOINT USE, MAINTENANCE AND OPERATION OF SAN

DIMAS SPORTSPLEX BETWEEN THE BONITA UNIFIED SCHOOL DISTRICT AND

THE CITY OF SAN DIMAS
The AGREEMENT FOR JOINT USE, MAINTENANCE AND OPERATION OF SAN

DIMAS SPORTSPLEX BETWEEN THE BONITA UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN DIMAS (“Agreement”) is amended by this First Amendment (“First Amendment”) which is entered into on __________, 2023, by and between the CITY OF SAN DIMAS, a municipal corporation (“City”), and the BONITA UNIFIED SCHOOL DISTRICT, a public school district (“DISTRICT”).

RECITALS
WHEREAS, in May 1987, the City and District entered into an Agreement to cooperatively maintain facilities for joint educational and community recreation purposes to ensure the maximum use for District’s pupils and City’s residents; and WHEREAS, under the Agreement, the City agreed to maintaining and splitting the maintenance cost for certain areas of the Sports Plex (“SPLEX”), which is owned by the District, to facilitate the use of the SPLEX for community use coordinated and administered by the City; and
WHEREAS, the District will take over the maintenance responsibility for the Varsity Baseball Field relieving the City from responsibility for such maintenance, including pest control, under the Agreement and the City agrees to provide access to the irrigation system; and WHEREAS, the City projects future deficit spending for City operations, including maintenance of the SPLEX, and such deficits necessitate working with the District to identify the best approach moving forward to balance how the City and District work collaboratively to continue the partnership in providing a high-quality SPLEX to the San Dimas community.

NOW, THEREFORE, in consideration of the mutual promises set forth in this First Amendment and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, City and District hereby agree to amend the Agreement as follows:

AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.

SECTION 2. Section 4(a) of the Agreement is hereby amended to read, in its entirety, as follows:
(a) City shall be responsible for maintenance of the SportsPlex, except for the maintenance and pest control of the varsity baseball field, whether through its own staff or by contract.

SECTION 3. Section 7 of the Agreement is hereby amended to read, in its entirety, as follows:

01171.0001/804199.1 2
153980v6 / BON.76
The term of the Agreement shall revert to an annual term beginning July 1st, 2024 and ending June 30th, 2025. The Agreement shall renew automatically on July 1st of each year for successive additional one-year terms unless either District or City terminate the Agreement by providing written notice to the other party prior to April 1st of each year.

Termination shall be effective the following June 30th from the date of the written notice.

In the event that this agreement is terminated by either party, both parties will work together to accommodate the District’s annual sports schedules. Upon termination, all improvements installed or constructed by the City pursuant to this Agreement shall be left in place.

SECTION 4. Authorization. This First Amendment has been approved and authorized to be executed by:

Action of the Board of Education taken at its meeting of ____________________.

Action of the City Council taken at its meeting of ____________________.

IN WITNESS WHEREOF, the City of San Dimas has executed these presents by causing them to be subscribed by the Mayor of its City Council, and the District has caused these presents to be subscribed by its Board of Education President on the day and year first above written.

CITY OF SAN DIMAS BONITA UNIFIED SCHOOL DISTRICT
By: __________________________ By: ____________________________ Emmett G. Badar, City Mayor Glenn Creiman, Board President

APPROVED AS TO FORM
By: ___________________________
Jeff Malawy, City Attorney
ATTEST
By: ___________________________ By: ___________________________ Debra Black, City Clerk Secretary, Board of Education

ATTACHMENT A

SPORTSPLEX MAP

01171.0001/804199.1 3
153980v6 / BON.76

ATTACHMENT 2

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of December 12, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Approve a Professional Services Agreement between the City of San Dimas and Griffin Structures to Provide Cost Estimates for Maintenance, Repairs and Rehabilitation of the Recreation Center located at 990 West Covina Boulevard in an Amount not to Exceed $10,650
____________________________________________________________________________

SUMMARY
The City of San Dimas operates the Recreation Center at 990 West Covina Boulevard, which offers programming for teens in addition to aquatic and fitness programs for residents of all ages. Significant maintenance for the facility has been deferred over the years, necessitating a thorough analysis of options to rehabilitate the facility and ensure that the building continues to meet the needs of residents in the future.

RECOMMENDATION
City Staff recommends that the City Council:
• Authorize the City Manager to negotiate and execute a Professional Services Agreement with Griffin Structures to provide cost estimates and an analysis of needed repairs and improvements for the Recreation Center.

FISCAL IMPACT
Not to exceed amount of $10,650. The funds to support the recommended action have been budgeted in Fund 021 (Open Space District Capital Account).

BACKGROUND
The City of San Dimas operates the Recreation Center at 990 West Covina Boulevard, which offers programming for teens in addition to aquatic programs for residents of all ages. The facility was constructed in the late 1980's and underwent some significant repairs in the mid 1990’s.

However, significant maintenance for the facility has been deferred over the years, necessitating

Professional Services Agreement between the City of San Dimas and Griffin Structures for the Recreation Center located at 990 West Covina Boulevard Page 2 For the Meeting of December 12, 2023
a thorough analysis of options to rehabilitate the facility and ensure that it continues to meet the needs of residents in the future.

DISCUSSION/ANALYSIS
The Parks and Recreation Department continues to operate the Recreation Center, anticipating the need to complete deferred repairs, maintenance and rehabilitation of the facility. Griffin Structures performed such an analysis of the facility in 2013 and, per the attached Agreement, will revise its cost estimates to reflect the current condition of the facility. As part of its obligations under the proposed agreement, a representative from Griffin Structures will provide a written report and present cost estimates for various scenarios at a future City Council meeting.

Ultimately, any decision to proceed with repairs or improvements to the Recreation Center should include a discussion of community recreation priorities, an analysis of resident usage of the facility and anticipated ongoing operational expenses. The Parks and Recreation Department will present a comprehensive analysis of the facility at the time cost estimates are discussed with the City Council.

ALTERNATIVES
The City Council could choose not to authorize the City Manager to negotiate and execute the proposed agreement with Griffin Structures. In this scenario, it would be more challenging for staff to identify needed improvements and accurately project their cost and timelines for completion.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:

1. Proposed Professional Services Agreement with Griffin Structures

Rev. 06/22 Page 1 of 19
Professional Service Agreement

PROFESSIONAL SERVICE AGREEMENT
This professional service agreement (“Agreement”), is made and effective as of November 1, 2023, between the City of San Dimas, a municipal corporation, and Griffin Structures incorporated, a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This Agreement shall commence on November 1, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 1, 2024 unless sooner terminated pursuant to the provisions of this Agreement.

II. SERVICES
Consultant shall perform the tasks described and set forth in [Exhibit A], attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in [Exhibit A]. To the extent that [Exhibit A] is a proposal from Consultant, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

III. PERFORMANCE
Consultant shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

IV. AGENCY REPRESENTATIVE
Agency’s Director of Parks and Recreation shall represent Agency in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. Agency’s Director of Parks and Recreation] shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section V hereof.

V. PAYMENT
A. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in [Exhibit B], attached hereto and incorporated herein by this reference as though set forth in full, based ATTACHMENT 1

Rev. 06/22 Page 2 of 19
Professional Service Agreement
upon actual time spent on the above tasks. This amount shall not exceed Ten Thousand Six Hundred Fifty dollars ($10,650.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Parks and Recreation. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City of San Dimas and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.

C. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore. Consultant reserves the right to assess a 1 ½ % per month (18% per year) service charge on any non-disputed unpaid balances over 60 days outstanding.

VI. TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, Agency may terminate this Agreement, or any portion hereof, by serving written notice of termination upon the other party at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the Agency as provided herein above.

VII. DEFAULT
A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can terminate this Agreement immediately by written notice to the other party. If such

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Professional Service Agreement
failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.

B. If the City of San Dimas determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, Agency shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default notice to cure the default as directed by the Agency in the notice of default. In the event the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to Agency all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement.

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Professional Service Agreement
IX. INDEMNIFICATION AND DEFENSE
A. Indemnification
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials and employees (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.

B. Duty to defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers and employees, Consultant’s obligation to defend City shall be on a proportionate fault reimbursement basis and following the final determination by a court of competent jurisdiction based on Consultant’s proportionate share of the loss.

X. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in [Exhibit C] attached herewith and incorporated herein by this reference as though set forth in full.

XI. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency.

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Professional Service Agreement
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant and/or its employees for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness to its employee(s) arising out of performing services hereunder.

XII. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

XIII. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the Agency in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO AGENCY EMPLOYEES
During their tenure and for one year thereafter, no member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City of San Dimas

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Professional Service Agreement
or unless requested by the Agency, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena.

B. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency, unless the Agency is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Agency of such Discovery. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless Agency is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: Scott Wasserman
245 E. Bonita Ave,
San Dimas, CA 91773
Attention: City Clerk
To CONSULTANT: Dustin Alamo
1 Technology Drive, Building i, Suite 829
Irvine, CA 92618

Rev. 06/22 Page 7 of 19
Professional Service Agreement
XVII. ASSIGNMENT
A. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

B. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide Agency with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying Agency as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from Agency for such insurance.

C. Griffin Structures may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Dustin Alamo from Griffin Structure’s employ. Should Dustin Alamo leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

XVIII. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

XIX. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

XX. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and

Rev. 06/22 Page 8 of 19
Professional Service Agreement
pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. SEVERABILITY
Any part, provision, or representation of this Agreement or any of its exhibits, including, but not limited to [Exhibit C], which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

By:
(Signature) Dustin Alamo (Vice President, Griffin Structures) City of San Dimas
A Municipal Corporation
Scott Wasserman, Director of Parks and Recreation
ATTEST:

Debra Black, Agency Clerk
APPROVED AS TO FORM:

Agency Attorney
By:

Attachments: Exhibit A Scope of Work
Exhibit B Payment Schedule
Exhibit C Insurance Requirements

Rev. 06/22 Page 1 of 20 Design Professional Service Agreement

EXHIBIT A

TASKS TO BE PERFORMED

1. Cost Estimate – Review previously prepared concepts and conduct site visit (if necessary) of the Recreation Center (Aquatic Facility) with the purpose of updating and refining cost estimates previously projected for various renovation scenarios, including:
a. Renovation concepts to extend the life of the facility for the next 20 years
b. New construction concept to demolish and rebuild the facility

2. Written Memo and Presentation - Consultant shall provide a written memo summarizing all findings and estimates of probable costs for the options above as well as include a presentation to the City.

Rev. 06/22 Page 2 of 20 Design Professional Service Agreement

EXHIBIT B

PAYMENT SCHEDULE
Total compensation is not to exceed $10,650 per the attached Scope of Work and Fee Proposal from Griffin Structures (attached hereto as Exhibit B-1).

Rev. 06/22 Page 3 of 20 Design Professional Service Agreement EXHIBIT B-1

GRIFFIN STRUCTURES PROPOSAL

Rev. 06/22 Page 4 of 20 Page 178 – 798 Design Professional Service Agreement Rev. 06/22 Page 5 of 20 Design Professional Service Agreement

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Agency, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.

Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the

Rev. 06/22 Page 6 of 20 Design Professional Service Agreement Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately

Rev. 06/22 Page 7 of 20 Design Professional Service Agreement in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.

Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.

Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

Rev. 06/22 Page 8 of 20 Design Professional Service Agreement Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of December 12, 2023
From: Chris Constantin, City Manager
Prepared by: Lily Flores, Housing Manager
Subject: Consideration and Approval of the Program Policies and Procedures for the Permanent Local Housing Allocation (PLHA) Rental Assistance Program and Approval of an Expenditure and Offsetting Revenue Budget Appropriation in Fund 040 for PLHA funds in an amount not to exceed $215,696 ____________________________________________________________________________

SUMMARY
The Permanent Local Housing Allocation (PLHA) Rental Assistance Program will assist seniors (62+) experiencing homelessness or “at risk of homelessness” with their housing expenses, while they focus on becoming self-sufficient. The Program will assist income eligible seniors by providing them with assistance with security deposits and rental subsidies for a maximum of 16 months. Assistance is intended to be a temporary solution that allows a senior to build a savings and better manage their personal finances.

RECOMMENDATION
Staff recommends that the City Council consider and approve the following:

1. Approve the Program Policies and Procedures for the Permanent Local Housing Allocation (PLHA) Rental Assistance Program;

2. Approve a Budget Appropriation of $215,696 to Revenue Account 040.359.032 and Expenditure Account 040.4112.852.007 for the PLHA fund; and

3. Authorize the City Manager or his designee to execute any and all documents necessary to further the program approved herein, including but not limited to amendments and modifications to the PLHA program with the Los Angeles County Development Authority.

FISCAL IMPACT
The total amount of the program is $215,696, which will be offset by equivalent revenue fomr the City’s Permanent Local Housing Allocation. Additional limited staff time will be required to administer the program.

Consideration and Approval of the Program Policies and Procedures for the Page 2 Permanent Local Housing Allocation (PLHA) Rental Assistance Program.

For the Meeting of December 12, 2023

BACKGROUND
On April 25, 2023, the City Council adopted Resolution 2023-24 (Attachment #1), authorizing the programming and allocation of the Permanent Local Housing Allocation (PLHA) funding in an amount of $215,696 in FY 2023-24 for PLHA eligible activities. The City Council approved the programs to be implemented using PLHA funds under the Activity, Housing for Homeless:
 Rapid Rehousing;
 Rental Assistance;
 Supportive Case Management;
 Operating Cost for Navigating Centers; and or
 Operating Cost for Emergency Shelters.

On October 10, 2023, the City entered into a Reimbursable Contract for the PLHA Program with the Los Angeles County Development Authority (LACDA) for Rental Assistance and Rapid Rehousing. These funds are targeted to benefit extremely low-income households who are experiencing homelessness or at risk of being homeless.

DISCUSSION/ANALYSIS
The PLHA Rental Assistance Program (Program) will assist seniors 62 years of age and older experiencing homelessness or “at risk of homelessness” with their housing expenses, while they focus on becoming self-sufficient. The Program will assist with security deposits and rental subsidies for a maximum of 16 months. Assistance is intended to be a temporary solution that allows a tenant to build a savings and better manage their personal finances. This Assistance will fall under the Rapid Rehousing and Rental Assistance Activity.

In order to qualify, applicants, at a minimum, must meet the following eligibility requirements:
 Senior at 62 and older;
 Extremely Low-Income Household (30% AMI);
 Experiencing Homelessness or “at risk of being homeless” (at-risk defined as paying more than 50% of income on housing cost);
 Must be a current San Dimas resident or if homeless, have tangible ties to the City of San Dimas, including, but not limited to having lived in San Dimas for at least three (3) months, became homeless while permanently living in San Dimas and having a family member that works or attends schools in San Dimas.
 Must have income to ensure the tenant’s portion of rent is paid monthly.

If approved, a monthly rental subsidy will be paid directly to the landlord on behalf of the tenant for a maximum of 16 months. Landlords will need to sign an agreement for tenants to participate in the Program and to receive payment directly from the City. Tenants will need to participate in case management services offered by the City of San Dimas Senior Center at a minimum of five (5) times during the duration of assistance and will be required to meet with Housing Staff every four (4) months for follow up.

Assistance will be based on the recipient paying 30% of their income towards their housing cost, no less than $250.00 per month, while the PLHA rental assistance pays the difference. Rent payment standards shall not exceed two (2) times the current HUD fair market rent for Los Angeles County (example: 2024 FMR for 1 bedroom $2,006).

Consideration and Approval of the Program Policies and Procedures for the Page 3 Permanent Local Housing Allocation (PLHA) Rental Assistance Program.

For the Meeting of December 12, 2023
The table below shows examples of payments and the potential amount a tenant can save:

ALTERNATIVES
No alternatives are proposed for this request.

ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.

Respectfully submitted,
Lily Flores
Housing Manager
Attachments:

1. Resolution 2023-24

2. PLHA Rental Assistance Program Policies and Procedures

3. Program Flyer

Attachment 1

CITY OF SAN DIMAS

PLHA RENTAL ASSISTANCE PROGRAM

POLICIES AND PROCEDURES
I. PROGRAM SUMMARY
A. Purpose of the Program
The purpose of the PLHA Rental Assistance Program (“Program”) is to assist seniors (62 years of age and older) experiencing homelessness or “at risk of homelessness” with their housing expenses, while they focus on becoming self-sufficient. The program is able to assist income eligible seniors by providing them assistance with security deposits and rental subsidies for a maximum of 16 months. Assistance is intended to be a temporary solution that allows a tenant to build a savings and better manage their personal finances.

B. Source of Funds
The funding source for the Program is The Los Angeles County Development Authority (LACDA), which acts as an agent for and is the recipient of the State of California Housing and Community Development (HCD) Permanent Local Housing Allocation (PLHA). These funds are targeted to benefit extremely low-income households.

II. TYPE OF PROGRAM
A. Rental Assistance
Target Group: Seniors 62 years of age and older.

Extremely Low-Income Households (30% AMI)
who are experiencing homelessness or at risk of
being homeless by paying more than 50 percent
(50%) of income in housing costs. (on a case by
case basis the City, may assist residents under
age 62)
Maximum Amount: Monthly Rental Subsidy paid directly to landlord.

Monthly rent payments shall not exceed two times
the current HUD fair market rent for the Los
Angeles County, as determined pursuant to 24
CFR part 888 (Section 8 Housing Assistance
Payments)
B. Security Deposit
Maximum Amount: The Rental Assistance Program may approve the payment of rental security deposits to the landlord
if the applicant does not have sufficient resources
to pay. The amount of the security deposit may not
exceed the equivalent of two month’s rent for the
unit.

Attachment 2

III. APPLICANT ELIGIBILITY REQUIREMENTS
A. Income
Participation in the Program is limited to persons whose annual household income does not exceed 30% AMI of the current years Housing and Community Development (HCD) established income limits. These income limits are based on the total amount of annual household income adjusted for household size. The City will require documentation of the household income (i.e. federal 1040 tax forms, paycheck stubs, bank statements etc…) in order to determined applicant eligibility.

Applicants must have a source of income to ensure the tenant’s portion of rent is paid monthly.

Individuals with extremely low or no income, no prior history of independent housing, and/or prolonged periods of homelessness will be referred to other permanent housing programs within the local Continuum of Care that can provide longer term assistance and intensive support services.

B. Currently Homeless or at Risk of Homelessness
Applicants must meet the HUD legal Definition of “homeless” or “at risk of being homeless” pursuant to the Department of Housing and Urban Development (HUD) Continuum of Care Program defined in Title 24 Part 578 of the Code of Federal Regulations and PLHA Program pursuant to SB 2
“Homeless” (1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
(ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or
(iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. “At risk of homelessness” (1) an individual or family who:
(i) Has an annual income below 30 percent of median family income for the area, as determined by HUD;
(ii) Does not have sufficient resources or support networks, e.g. family, friends, faith or other social networks, immediately available to prevent them from moving to an emergency shelter; and
(iii) Meets one of the following conditions:
(G) Otherwise lives in housing that has characteristics associated with instability and increased risk of homelessness, as identified in the recipient’s approved consolidated plan

C. Residency Requirement
An applicant must have acquired tenancy in the City of San Dimas 12-months prior to applying to the Program; and must retain his/her/their primary residency in the City of San Dimas through the Program for a consecutive 16-months period or will be terminated from the Program.

Homeless individual applicants are required to have tangible ties to San Dimas, meeting specific criteria to determine San Dimas residency. For the purpose of this Program, a San Dimas based homeless person is defined as someone who meets at least one (1) of the criteria listed below:
• has lived in San Dimas for at least three months (90 days), • become homeless while living permanently in San Dimas, • has a family member that works or attends school in San Dimas, • has a social support system of immediate family members living in San Dimas that are willing to help in the remediation of their homelessness, or • are certified San Dimas homeless by the San Dimas outreach team, the San Dimas Code Enforcement Supervisor, or the San Dimas Housing Services Coordinator.

D. Interested Party/Conflict of Interest
Employees, officials, or consultants of the City of San Dimas who exercise any decisionmaking function or responsibility in connection with the administration of the Program shall not be eligible for assistance under the Program.

E. Other Documents Required
The applicant(s) must also submit the following documents, as determined necessary, in order to establish eligibility:
• City Program application
• Copy of rental/lease agreement
• Copy of a signed Federal Income Tax Returns for the previous tax year • Copy of recent utility bill
• Copy of three consecutive recent payroll check stubs, Social Security checks, etc • Copy of three consecutive months bank statements
• Copy of government issued photographic identification (i.e. driver’s license, ID or passport)
IV. APPLICATION AND FUNDING PROCESS
A. Application Phase

1. Interest List/Wait List
In an effort to provide consistent service to San Dimas residents, Staff will maintain an ongoing Interest/Wait List.

1. Prospective Applicants may join the Interest List at any time by completing an interest/wait list form.

2. Applicants may request this from by phone, email, or in person.

3. The Applicant will be added to the Interest List once the City receives a completed form.

4. The Interest List will contain the name, address, telephone number, and date of first contact
As funds become available, applicant packets will be sent to prospective applicants, and each applicant will be given fifteen (15) calendar days to respond with a completed application. If an application is not received within fifteen (15) days, Staff will make reasonable efforts to contact the applicant. If such efforts fail, the applicant will be removed from the Interest/Wait List after thirty (30) calendar days.

2. Preliminary Application Intake
Housing Staff will schedule an appointment no longer than ten (10) calendar days after the Application package is received. A face-to-face or phone interview enables the applicant to ask questions and get immediate answers, helps Staff to work with a more accurate and complete application package, and expedites the overall process.

3. Application Process
During the application process, Housing staff must:
• Certify income eligibility
• Verify homeless or at risk of homelessness status
• Verity residency in the City of San Dimas
If during the application phase, Housing staff determines the applicant does not qualify for the Program, a denial letter will be mailed to the applicant.

If the application is incomplete, Housing staff will issue a Request for Additional Documentation to the Applicant and allow fifteen (15) calendar days for Applicant to submit the missing documentation. If the Applicant fails to submit the missing documentation within the deadline, a second reminder will be sent and a ten (10) day extension can be granted. If there is no response to the second reminder, a Notice of Cancellation of Application will be mailed.

V. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE
A. Participant Agreement
Applicants must agree to the following conditions and so certify in writing to:
• Participate in comprehensive case management services offered by the City of San Dimas Senior Center Services at a minimum of 5 times during the duration of the assistance. (Staff will verify every 4 months that at least one service was utilized)
• Meet with City Housing Staff every 6 months for renewal of assistance. Failure to meet with staff and provide proof of participation will result in termination of assistance.

B. Housing Standards
• Assisted unit must be located within the City of San Dimas

• Verification of property ownerships will be required
• Unit assisted shall be decent, safe, and sanitary as determined by Uniform Physical Conditions Standards (UPCS) and Housing Quality Standards (HQS).

Units will be inspected by City Staff before any approvals. A second inspection will be conducted at 12 months to ensure continued compliance. • All assisted properties shall be maintained in compliance with all City of San Dimas Municipal Codes and ordinances.
• All assisted properties shall maintain occupancy not to exceed the maximum occupancy limits as established by the U.S. Department of Housing and Urban Development (HUD). (two persons per sleeping area)
• Rental Assistance will not be provided for units that do not meet above requirements.

C. Rent Reasonableness
Staff must verify all units assisted in the Program are reasonable in relation to rents currently being charged for comparable units in the private unassisted market, and not in excess of rents currently being charged by the owner for comparable unassisted units.

The factors listed below shall be considered when determining rent comparability. a. Location and age.
b. Unit size including the number of rooms and square footage of rooms c. The type of unit including construction type (e.g., single family, duplex, lowrise, high rise, mobile home) d. The quality of the unit, which includes the building construction, maintenance, and improvements
e. Amenities, services, and utilities included in the rent In the event that a rent request does not meet rent reasonableness requirement, City staff shall attempt to negotiate a lower rent with the property owner. If the owner is not willing to accept to negotiate a lower rent, the application will be denied. Under no circumstances shall the City of the assisted household agree to pay more than approved through the rent reasonableness review.

D. Coordination with Landlords/Owner
City staff will meet either in person or by phone with, and provide guidance to, landlords participating in the Rental Assistance Program regarding the requirements and procedures that impact landlords/owners.
a. Client Participation Agreement
i. The City will enter into a Client Participation Agreement with each participating household. The Client Participation
Agreement will establish the rental assistance payments to be paid on behalf of the household. The Agreement will establish the participating household’s initial share of the contract rent. ii. The household’s share of rent will be adjusted if and when the household’s income increases and shall continue to be set at 30% of the household income.
iii. This agreement will have a term of no more than 16 months.

b. Lease Agreement
i. The landlord/owner will be required to enter into a lease agreement with a minimum term of twelve (12) months.
ii. The City will review the rental agreement to confirm its compliance with state law and all PLHA rental assistance requirements.
c. Landlord Program Participation/Payment Acceptance Agreement The landlord/owner will be required to enter into a Landlord Program Participation/ Payment Acceptance Agreement in connection with the lease between the landlord and the eligible client. Rental assistance payments will be paid directly to the landlord/owner. Landlord will need to provide a W-9 along with agreement.

VI. RENT ASSISTANCE CALCULATIONS, PAYMENT STANDARDS, AND TERM A. Rent Assistance Calculations
Rent assistance calculation will determine each household’s initial program subsidy and share of the rent. The initial household rent is calculated as the difference between 30% of the household’s monthly income and the monthly rent of each unit. Monthly rent payments shall not exceed two times the current HUD fair market rent for the Los Angeles County, as determined pursuant to 24 CFR part 888 (Section 8 Housing Assistance Payments). Each household rent subsidy will vary since the calculation involves the use of individual factors such as the household’s income and household size.

The initial household rent will remain unchanged for the first 6 months of assistance.

Thereafter household rent contributions may be increased if and when the household income increases. Income will need to be recalculated and determined every 6 months by Staff. If there is a change in income, the household’s rent contribution will be 30% of the adjusted household income for the following 6 months until income is calculated again.

B. Payment Standards
Monthly rent payments shall not exceed two times the current HUD fair market rent for the Los Angeles County, as determined pursuant to 24 CFR part 888 (Section 8 Housing Assistance Payments)
Minimum rent under the PLHA rental assistance program is set at $250.00 per month.

The minimum tenant payment is used if the maximum subsidy calculation would result in the household paying less than $250.00 towards the monthly rent.

When utilities are included in the cost of renting a unit, that is, the owner assumes responsibility for payment for all utility services, the households entire share of the housing cost will go directly to the owner.

When the cost of utilities is not part of the rent, that is, the household is directly responsible for payment in utility services, the household’s initial share will be determined by subtracting a utility allowance from 30% of the household’s total income. The City of San Dimas must use the Los Angeles County Development Authority (LACDA) Utility Allowance Schedule, as annually adopted by the LACDA, to determine the household’s

utility allowance. The result of 30% of the household’s total income minus the applicable utility allowance is the households initial share of rent. Each household is responsible for paying their rent share directly to the landlord each month.

C. Term
The City of San Dimas Housing Division will provide rental assistance for a maximum of 16 months.

VII. BI-ANNUAL RE-CERTIFICATION AND TERMINATION OF ASSISTANCE A. Bi-annual Recertification
Recertification of income and program eligibility will occur semi-annually and shall be documented in the client file. City staff will gather source documentation for participating household to determine annual income.

If the total household income is above 30% AMI, rental assistance may be terminated.

City staff must obtain approval from the City Housing Manager before rental assistance is continued, as only a limited amount of PLHA funding is available for assistance.

B. Termination of Rental Assistance
The Client Participation Agreement will automatically terminate when:
a. The household vacates the unit in violation of the lease. b. The household has moved from their unit according to the lease terms or secured the owners permission for an early termination dates, and the lease term therefore has ended.
c. The owner has required the household to move according to the lease terms, and the lease term has therefore ended.
d. The owner has evicted the household
e. The owner does not wish to enter into a participation agreement f. The length of the assistance provided the household has reached 16 months.

Under the following circumstances, the City may terminate a Client Participation Agreement a. Failure to comply with the PLHA Program Guidelines and/or Client Participation Agreement.
b. Eviction from the assisted rental unit based on behavioral issues and/or unlawful activity.
c. The participant no longer qualifies, based on income eligibility, for assistance at recertification.
d. Another rental assistance program such as Section 8, will assist the household. Participation in any other rental assistance program is considered a duplicative subsidy therefore all PLHA funded rental assistance must terminate.
e. The unit is not in compliance with HQS or other contract requirements, and the owner refuses to correct the deficiencies.
f. The unit is overcrowded or under occupied due to family composition change.

VIII. AMENDMENTS
Amendments to these guidelines may be made from time to time by the City as necessary.

Authority to modify elements of these Program Guidelines shall rest on the Community Development Director/City Manager.

RENTAL

ASSISTANCE
The City of San Dimas will provide assistance to
income eligible seniors (age 62 and older) experiencing homelessness or at risk of homelessness with rent
support for up to 16 months.

Providing financial support to assist seniors
with a portion of their monthly rent paid
directly to their landlord, while they focus on
becoming self-sufficient.

ELIGIBILITY:

Seniors (age 62 and older).

Extremely Low-Income Households (30% AMI)
who are experiencing homelessness or at risk
of being homeless by paying more than 50%
of income on housing costs.

Must be a current San Dimas resident.

Must have income to ensure the tenants
portion of rent is paid monthly.

Number of Persons in the Household 1 2 3 4
Extremely Low Income (30%) $26,500 $30,300 $34,100 $37,850 This project is being supported in part by the LA County Development Authority (LACDA) and Department of Housing & Community Development (HCD) Permanent Local Housing Allocation (PLHA).

APPLICATION PROCESS:

1. Prospective applicants may join the Interest
List by completing the interest/waitlist form.

2. Interest forms will be accepted January xx,
2024-January xx, 2024.

3. The applicant will be added to the Interest List
once the City receives a completed form.

For more information, please contact the City of San Dimas Housing Division at (909) 394-6223 As funds become available, applicant
packets will be sent to prospective
applicants in the order received.

Funding is Limited
Attachment 3

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of December 12, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Approve a Contract between the City of San Dimas (City) and Consultant Lori Hall-McNary with Rockin’ L&D Equine Education Services for Equestrian Consultant Services in an Amount not to Exceed $9,540.00 and Authorize the City Manager or his Designee to Execute the Contract.
____________________________________________________________________________

SUMMARY
City staff has retained the services of equestrian expert Lori Hall-McNary to assist staff in completing quarterly inspections, identifying and upholding basic maintenance standards and assisting the Lease Operator to set up systems reflecting best industry practices at the Sycamore Canyon Equestrian Center. The Consultant is certified by the Certified Horsemanship Association to inspect equestrian sites for hazards, maintenance standards and to recommend best practices.

RECOMMENDATION
Staff recommends that the City Council:
• Authorize the City Manager, or designee, to negotiate and execute a professional services agreement with the Consultant to provide basic maintenance standards and best industry practices for the Sycamore Canyon Equestrian Center in an amount not to exceed $9,540.00.

FISCAL IMPACT
There is no fiscal impact for the recommended action, as funds to support the recommended action have been included in the current FY 2023-24 Budget. Staff will request additional funds to support the contract in FY 2024-25.

BACKGROUND

Contract between the City of San Dimas and Consultant Lori Hall-McNary Page 2 For the Meeting of December 12, 2023
The City contracts with a Lease Operator to operate the 17-acre Sycamore Canyon Equestrian Center, which has a capacity of approximately 160 horses. Per the Lease Agreement between the City and the Lease Operator, the City conducts quarterly inspections at the facility to identify hazards, uphold basic maintenance standards and integrate best practices into the facility’s operations. Inspections of the Sycamore Canyon Equestrian facility were conducted in March and October of 2023 and the next inspection is scheduled for January 7, 2024.

DISCUSSION/ANALYSIS
The use of the equestrian expert to assist with quarterly inspections provides a higher level of expertise and core knowledge about equestrian operations that staff alone does not possess.

The consultant provides guidance on inspections, facility maintenance standards, legal obligations, overall operations and industry best practices. This knowledge is invaluable to ensure that staff is conducting quarterly inspections that are relevant, identify salient issues for corrective action and hold the Lease Operator accountable to basic standards.

The initial contract with the Consultant was for a not-to-exceed amount of $5,040, which included participation in one (1) facility inspection, the provision of a written report summarizing findings from the inspection, presenting a report to the City Council (if needed) and the development of basic maintenance and care standards for the City (Attachment 1, Exhibit B). Staff now wishes to expand the scope of the contract to include participation in four (4) facility inspections in 2024.

Although the total not-to-exceed amount of the contract is $9,540 and is within the signing authority of the Parks and Recreation Director, staff has agendized this item for the City Council’s approval to promote transparency.

ALTERNATIVES
The City Council could decide not to authorize the City Manager or designee to negotiate or execute a contract with the aforementioned equestrian expert. In this case, staff would continue to conduct regular quarterly facility inspections but would not benefit from the consultant’s experience or insight into equestrian operations.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:

1. Draft Contract with Rockin’ L&D Equine Education Services Consultant

ATTACHMENT 1

PROFESSIONAL SERVICE AGREEMENT
This professional service agreement (“Agreement”), is made and effective as of December 12, 2023, between the City of San Dimas, a municipal corporation, and Lori Hall-McNary (“Consultant”) with Rockin’ L&D Equine Education Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This Agreement shall commence on January 1, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 2, 2025 unless sooner terminated pursuant to the provisions of this Agreement.

II. SERVICES
Consultant shall perform the tasks described and set forth in [Exhibit A], attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in [Exhibit A]. To the extent that [Exhibit A] is a proposal from Consultant, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

III. PERFORMANCE
Consultant shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

IV. AGENCY REPRESENTATIVE
Agency’s Director of Parks and Recreation shall represent Agency in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. Agency’s Director of Parks and Recreation] shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section V hereof.

V. PAYMENT
A. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in [Exhibit B], attached

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Professional Service Agreement
hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Nine Thousand Five Hundred Forty dollars ($9,540.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Parks and Recreation. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City of San Dimas and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.

C. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, Agency may terminate this Agreement, or any portion hereof, by serving written notice of termination upon the other party at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the Agency as provided herein above.

VII. DEFAULT
A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can terminate this Agreement immediately by written notice to the other party. If such

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Professional Service Agreement
failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.

B. If the City of San Dimas determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, Agency shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default notice to cure the default as directed by the Agency in the notice of default. In the event the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to Agency all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement.

IX. INDEMNIFICATION AND DEFENSE

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Professional Service Agreement
A. Indemnification
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.

B. Duty to defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

X. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in [Exhibit C] attached herewith and incorporated herein by this reference as though set forth in full.

XI. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not

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Professional Service Agreement
at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant and/or its employees for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness to its employee(s) arising out of performing services hereunder.

XII. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

XIII. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the Agency in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO AGENCY EMPLOYEES
During their tenure and for one year thereafter, no member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's

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Professional Service Agreement
prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City of San Dimas or unless requested by the Agency, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena.

B. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency, unless the Agency is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Agency of such Discovery. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless Agency is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: Scott Wasserman
245 E. Bonita Ave,
San Dimas, CA 91773
Attention: City Clerk
To CONSULTANT: Rockin’ L&D Equine Education Services
Lori Hall-McNary
1019 Deodar Road
Escondido, CA 92026

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Professional Service Agreement
XVII. ASSIGNMENT
A. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

B. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide Agency with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying Agency as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from Agency for such insurance.

C. Lori Hall-McNary may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Lori Hall-McNary from Consultant's employ. Should Lori Hall-McNary] leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

XVIII. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

XIX. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

XX. ENTIRE AGREEMENT

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This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. SEVERABILITY
Any part, provision, or representation of this Agreement or any of its exhibits, including, but not limited to [Exhibit C], which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

By:
(Signature)
Lori Hall-McNary
Consultant
(Title)
City of San Dimas
A Municipal Corporation
Scott Wasserman, Director of Parks and Recreation

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Professional Service Agreement
ATTEST:

Agency Clerk
APPROVED AS TO FORM:

Agency Attorney
By:

Attachments: Exhibit A Tasks to Be Performed
Exhibit B Payment Schedule
Exhibit C Insurance Requirements

Rev. 06/22 Page 1 of 20 Design Professional Service Agreement

EXHIBIT A

TASKS TO BE PERFORMED

1. Facility Inspections - Conduct quarterly facility inspections of the entire Sycamore Canyon Equestrian Center using industry standards and best practices promulgated by the Certified Horsemanship Association (CHA).

2. Written Report - Consultant shall provide a written report summarizing all findings and recommendations from each inspection. The report shall cite specific standards promulgated by the Certified Horsemanship Association.

Areas to be covered in the report include but are not limited to:
a. Horse Safety - Evaluate if the facility meets standards established by the Los Angeles County Health Department and the California Health and Safety Code 25988 in compliance with the Lease Agreement
b. Pest Control - Evaluate the adequacy of pest control measures and recommend best practices as appropriate.
c. Hay and Feed – Evaluate the quality and storage of hay and feed.

Consultant is to take a sample of hay suitable for nutrition testing in a laboratory certified to perform this analysis. The City will pay all lab costs associated with the testing of hay and feed.
d. Wood Chips - Evaluate the use of wood chips to abate weed growth in various areas of the facility and determine if their use poses a hazard to horses. Recommend best practices and
strategies to abate weed growth in accordance with CHA
standards.
e. Horse Stalls – Inspect all horse stalls for safety hazards and recommend best practices and/or appropriate materials and specifications that should be used in their repair or construction f. Site Hazards - Identify any other hazards on site and provide guidance and standards to rectify the hazards.

3. Municipal Code Development - Assist as needed to codify equestrian standards in the San Dimas Municipal Code.

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EXHIBIT B

PAYMENT SCHEDULE
Consultant Hourly Rate= $60
Not To Exceed Amount - $9,540
Payment 1 Completion of up to four (4) Facility Inspections $720 per visit (x 4 visits) = $2,880
a. 4 hours drive time x $60/hour= $240 (x 4 visits)
b. 8 hours inspection x $60/hour=$480 (x 4 visits)
Payment 2 Completion and Submission of Final Inspection Reports $780 per visit (x 4 visits)= $3,120
a. 8 hours x $60/hour to develop report and recommendations = $480 (x 4 visits) b. 5 hours additional consultation as needed x $60/hour = $300 (x 4 visits) Payment 3 Presentation of report and recommendations to the City of San Dimas Equestrian Commission ($540)
a. 4 hours drive time x $60/hour = $240
b. 2 hours meeting preparation x $60/hour = $120
c. 3 hours for meeting x $60/hour = $180
Payment 4 Assist with Development of San Dimas Municipal Code amendment to codify construction standards, maintenance requirements and best practices for public equestrian facilities in the City of San Dimas (not to exceed $3,000) a. Task to be completed at $60 per hour not to exceed 50 hours to include driving time, phone or video consultations, the production of written materials and meeting preparation and presentations to the San Dimas Equestrian Commission and/or City Council.

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Agency, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.

Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the

Rev. 06/22 Page 4 of 20 Design Professional Service Agreement Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately

Rev. 06/22 Page 5 of 20 Design Professional Service Agreement in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.

Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.

Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

Rev. 06/22 Page 6 of 20 Design Professional Service Agreement Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of December 12, 2023
From: Chris Constantin, City Manager
Prepared by: Kenneth Fichtelman, Associate Planner
Subject: Second Reading and Adoption of Ordinance 1301, Municipal Code Text Amendment 22-0003; Consideration of a Municipal Code Text Amendment to Amend Chapter 18.42 Multiple-Family (MF) Zone to Reduce the Required Amount of Open Green Areas/Open Space, and the Required Front and Side Yard Setbacks for Developments in the MF Zone, and Chapter 18.156 Vehicle Parking and Storage with Respect to Vehicle Parking Requirements for MultiFamily Developments Along with Associated Clean Up Items ____________________________________________________________________________

SUMMARY
Chapter 18.42 of the San Dimas Municipal Code implements the development standards within the Multiple-Family (MF) Zone. Included in these development standards are provisions that dictate the amount of open green area / open space and front and side setbacks for new developments. Chapter 18.156 sets the parking standards for all developments within the City, including all parking required for multi-family developments Staff has received an application for a Municipal Code Text Amendment to amend Chapter

18.42 Multi-Family (MF) Zone to reduce the amount of useable open space that a new multifamily development must set aside and maintain as part of a new development.

As part of the adopted and certified San Dimas Housing Element, the California State Department of Housing and Community Development (HCD) required the City to add Program 10, which calls for the City to amend the setbacks, open green area / open space and parking requirements in the multi-family zone to remove development constraints.

At the City Council meeting of November 28, 2023, the City Council introduced Ordinance 1301 approving Municipal Code Text Amendment 23-0001.

Second Reading of Municipal Code Text Amendment 22-0003 Page 2 For the Meeting of December 12, 2023

RECOMMENDATION
Staff recommends that the City Council:
• Conduct the second reading, and
• Adopt Ordinance 1301 adopting Municipal Code Text Amendment (MCTA) 22-0003.

Ordinance 1301: Consideration of a Municipal Code Text Amendment to Amend Chapter 18.42 Multiple-Family (MF) Zone to Reduce the Required Amount of Open Green Areas/Open Space, and the Required Front and Side Yard Setbacks for Developments in the MF Zone, and Chapter

18.156 Vehicle Parking and Storage with Respect to Vehicle Parking Requirements for MultiFamily Developments Along with Associated Clean Up Items

FISCAL IMPACT
There is no fiscal impact for the recommended action.

BACKGROUND
On April 4, 2022, David Yashar submitted an application to request the initiation of a Municipal Code Text Amendment to reduce the amount of open green areas/open space required for a new multi-family development within the MF Zone, MCTA 22-0003.

On May 19, 2022, the Planning Commission considered the request and initiated the Code Text Amendment. In addition, the Commission directed Staff to explore reducing the required setbacks to provide additional areas where open green areas/open space may be provided and to increase the developable area of parcels within the MF Zone. Subsequently, on September 1, 2022, the Planning Commission held a public hearing and adopted Resolution PC-1654, recommending that the City Council approve MCTA 22-0003 to reduce the amount of open green areas/open space, as well as reduce the required front and side setbacks in the MF Zone.

On September 27, 2022, Staff presented the MCTA to the City Council. After Staff’s presentation, Council continued the item to the October 11, 2022, meeting. During this meeting, the Council voted for no action and requested that Staff schedule the item for a future Study Session to further discuss the amendments.

On September 27, 2022, the City Council approved the 6th Cycle Housing Element for San Dimas through Resolution 2022-50. The Housing Element was then certified by the HCD on October 14, 2022. Included within the Housing Element is Program 10, which calls on the City to revise standards, including parking requirements, which constrain development within the MF-30 and MF zones.

On September 26, 2023, the City Council held a Study Session to discuss the proposed standards and provide feedback to Staff. The standards were the same that were previously presented to the Commission and the Council, and parking standards as required by the Housing Element.

Staff received City Council feedback and made their requested changes to the proposed code text. The information presented to the City Council was the same as had been previously provided to the Planning Commission and City Council for the Public Hearings.

On November 2, 2023, the Planning Commission held a public hearing and voted 5-0 to adopt Resolution PC-1672, recommending that the City Council approve MCTA 22-0003 to reduce the

Second Reading of Municipal Code Text Amendment 22-0003 Page 3 For the Meeting of December 12, 2023
amount of open green areas/open space, the required front and side setbacks and the required number of parking spaces required per unit for new multi-family developments.

On November 28, 2023, the City Council voted 4-1 to introduce Ordinance 1301 to approve MCTA 23-003, subject to amending the proposed amount of open space from 400 to 500 square feet per unit and changing the minimum dimension of any useable open space area from 10 feet in any given direction to 15 feet in any given direction. Should the Council adopt Ordinance 1301, the Ordinance will be effective January 12, 2024, 30 days from the second reading.

ALTERNATIVES
There are no alternatives for the proposed action.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Kenneth Fichtelman
Associate Planner
Attachments:

1. Ordinance 1301

ATTACHMENT 1
ORDINANCE 1301

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING MUNICIPAL CODE TEXT AMENDMENT 22-0003, AN AMENDMENT TO CHAPTER 18.42

MULTIPLE-FAMILY (MF) ZONE OF THE SAN DIMAS MUNICIPAL CODE TO

REDUCE THE REQUIRED AMOUNT OF OPEN GREEN AREAS/OPEN SPACE AND FRONT AND SIDE YARD SETBACKS AND CHAPTER 18.156 VEHICLE

PARKING AND STORAGE OF THE SAN DIMAS MUNICIPAL CODE TO

REDUCE THE REQUIRED AMOUNT OF PARKING FOR MULTI-FAMILY
DEVELOPMENTS ALONG WITH VARIOUS CLEAN UP ITEMS.

WHEREAS, an Amendment to the San Dimas Municipal Code has been duly initiated by the Applicant, David Yashar and further amended by the City of San Dimas; and WHEREAS, the Amendment is described as an amendment to Chapter 18.42 – MultipleFamily (MF) Zone, to reduce the required amount of open green areas/open space, front and side yard setbacks and parking requirements for developments in the MF Zone; and WHEREAS, the Amendment would affect certain parcels of the City within the MultipleFamily (MF) Zone; and WHEREAS, on May 19, 2022, the Planning Commission approved to initiate the Municipal Code Text Amendment as requested by the Applicant; and
WHEREAS, on September 1, 2022, the Municipal Code Text Amendment was presented to the Planning Commission and recommended approval to the City Council; and WHEREAS, on September 27, 2022, the item was presented to the City Council and continued to the October 11, 2022, meeting, where the City Council voted to take no action and requested that Staff schedule the item for a future Study Session; WHEREAS, on September 27, 2022 the City Council approved the 6th Cycle Housing Element for San Dimas through Resolution 2022-50, which was then certified by the California State Department of Housing and Community Development on October 14, 2022, which contained a program to amend the open space standards, setbacks and parking requirements within all Multi-Family Zones; and
WHEREAS, on September 26, 2023 the City Council held a Study Session and directed Staff to amend the open space, front and side yard setbacks, and the parking requirements for new multi-family developments; and
WHEREAS, on November 2, 2023, the Planning Commission, during a regularly scheduled public hearing, voted 5-0 to recommend approval of Municipal Code Text Amendment 22-0003 to the City Council; and
WHEREAS, on November 28, 2023 the City Council voted 4-1 to introduce Ordinance 1301 approving MCTA 22-0003, subject to amending the proposed code text to increase the amount of proposed useable open space from 400 square feet per unit to 500 square feet per

Ordinance 1301 Page 2
Municipal Code Text Amendment 22-0003
unit, and increasing the minimum dimension of useable open space from 10 feet in any given direction to 15 feet in any given direction; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on November 28, 2023 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
WHEREAS, the City Council determines that the proposed amendment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, where it can be seen with certainty that the amendment would not have a significant effect on the environment.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:

A. The proposed Municipal Code Text Amendment will not adversely affect adjoining property as to value, precedent or be detrimental to the area.

The proposed amendments to reduce the required open space, front and side yard setback, and parking requirements for MF zoned parcels would allow for greater development potential on these parcels, without impacting adjoining properties or properties in the general area. The reduced setbacks would still provide for adequate spacing between structures on adjacent properties; therefore, no impact to adjoining properties is anticipated. The proposed parking requirements are still adequate for the needs of the developments and will allow more flexibility in design. In addition, the amendments would relax existing development constraints in the MF zone, which could increase the value of these properties, encourage new development within the City and potentially increase the value of nearby properties in the process. Any new development in the MF zone would still be subject to the high architectural standards that the City expects; therefore, the amendments would not be detrimental to the surrounding area.

B. The proposed Municipal Code Text Amendment will further the public health, safety and general welfare.

The proposed amendments are meant to improve the development capability of MF zoned parcels, which could result in new developments and expansion of existing multi-family developments. This would further the general welfare of San Dimas by increasing the available housing stock for all residents and providing more housing options within the City. New developments and expansion of existing developments would be subject to all City and Building Code requirements to ensure there is no impact to the public health, safety and general welfare.

C. The proposed Municipal Code Text Amendment is consistent with the General Plan and applicable Zoning.

The proposed amendments to reduce the required open space, front and side yard setbacks, and parking requirements for parcels within the MF zone would create more

Ordinance 1301 Page 3
Municipal Code Text Amendment 22-0003
flexible development standards in compliance with the existing Multi-family General Plan land use designation and the MF zoning. The City’s adopted 6th Cycle Housing Element, which was certified by the Department of Housing and Community Development, includes Goal 4, the removal of government constraints, and Program 10, which aims to identify and remove development constraints in the MF zone; therefore, the proposed amendments would be consistent with the General Plan, and MF zoning, as well as with the City’s 6th Cycle Housing Element.

SECTION 1. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdication, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 2. CEQA DETERMINATION. The City Council hereby finds and determines that is can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the City Council approval of Municipal Code Text Amendment 22-0003 as set forth in Attached Exhibit A.

Ordinance 1301 Page 4
Municipal Code Text Amendment 22-0003
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 28th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1301 was introduced at a regular meeting of the City Council of the City of San Dimas on the 28th day of November, 2023, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 12th day of December, 2023. ___________________________
Debra Black, City Clerk

Ordinance 1301 Page 5
Municipal Code Text Amendment 22-0003
Exhibit A
Chapter 18.42
Changes requested by City Council shown in Blue

MULTIPLE-FAMILY (MF) ZONE
Sections:

18.42.010 Purpose.

18.42.020 Uses permitted.

18.42.030 Uses permitted by conditional use permit.

18.42.040 Density.

18.42.050 Property development standards.

18.42.060 Development plan approval.

18.42.010 Purpose.

The purpose of the MF zone is to provide for the development of medium and high density multiple-family projects, to ensure that such development is compatible with contiguous uses, to encourage well-planned neighborhoods through creative and imaginative site planning and to ensure integrated design and unified control of design. (Ord. 965 § 2, 1992)

18.42.020 Uses permitted.

Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses. All uses shall be subject to the property development standards set forth in this chapter.

A. Primary Uses.

1. Single-family dwelling, when located on lots which comply with the minimum lot area requirements of the SF-7500 zone.

B. Incidental Uses.

1. Home occupations.

2. Household pets as described and regulated in Chapter 18.20 Residential Zones Generally. (Ord. 1226 § 1, 2014; Ord. 965 § 2, 1992)

18.42.030 Uses permitted by conditional use permit.

The following uses shall be permitted pursuant to the provisions of Chapter 18.200:

A. Apartments, condominiums, townhouses and similar multiple-family developments.

B. Churches.

1. Day care centers, day nurseries, and nursery schools as an accessory use only.

C. Convents.

D. Rectories.

E. Public utility substations.

F. Senior citizen housing projects.

G. Transitional and supportive housing. (Ord. 1223 § 2, 2013; Ord. 1193 § 2, 2010; Ord. 965 § 2, 1992)

Ordinance 1301 Page 6
Municipal Code Text Amendment 22-0003

18.42.040 Density.

The following density standards shall apply to all land and buildings in the MF zone:

Method of Designation. A number specifying the maximum permitted number of dwelling units per net acre in the MF zone shall be appended to the base zoning district on the official zoning map to designate the density. (Example: a multiple-family zone allowing fourteen units per net acre would show on the official zoning map as MF (14).) (Ord. 1214 § 1, 2013; Ord. 965 § 2, 1992)

18.42.050 Property development standards.

The following property development standards shall apply to all land and buildings in the MF zone:

A. Site Area. There is no minimum site area, except as set forth for single-family dwellings in Section 18.42.020.

B. Ground Coverage. Maximum ground coverage shall not exceed sixty percent of the total lot or parcel area. All land covered by residential structures, parking facilities, including paved areas used for parking and vehicular access, shall be considered when computing ground coverage. Deckways, patios, patio and recreation structures and facilities shall be excluded.

C. Building Height.

1. No building or structure erected in this zone shall have a height greater than thirty feet or two stories, except as provided by the following:
a. Building height may be increased to thirty-five feet and/or three stories with the approval of a conditional use permit pursuant to Chapter 18.200 when each of the following findings is made:
i. The architectural and site design of the project is enhanced by allowing the additional height;
ii. A sloping or pitched roof design, rather than a flat roof design, is used; iii. The appearance of height and associated mass and bulk is mitigated by appropriate building and site design features.
b. A steeple, spire or other similar projection above a building used primarily for religious purposes may extend the total height of the structure and steeple, spire or other similar projection as high as forty feet, provided that the height of the steeple, spire or other similar projection shall be harmonious in design with the building or structure and with the surrounding neighborhood.

Such increase in height shall be approved by the development plan review board in accordance with Chapter 18.12.

2. Where a building or structure is erected on sloping terrain having a gradient of twenty-five percent or greater, the height of the building or structure shall be measured from the highest adjoining ground surface level at the base of the building or structure.

D. Yards.

1. Front. There shall be a front yard setback of not less than 20 feet.

2. Side. Side yard setbacks shall be as follows:
a. When multifamily structure is adjacent to properties zoned for single-family use: fifteen feet for single story and twenty feet for the second or third story. b. When multifamily structure is not adjacent to properties zoned for single-family use: fifteen feet.
c. When side yard is contiguous to a public street: fifteen feet.

3. Rear. The minimum rear yard shall be twenty feet. Vehicular access, open parking or storage for recreational vehicles may be provided within a rear yard and, in such event, the setback shall be thirty feet; ten feet of such yard nearest the property line shall be landscaped.

Ordinance 1301 Page 7
Municipal Code Text Amendment 22-0003
Said ten feet may be reduced to not less than five feet with the approval of a conditional use permit.

E. Projections into Rear or Side Yards.

1. Garages or carports may be located on side or rear property lines except when the yard is contiguous to a single-family residential zone or adjacent to a street.

2. Eaves, balconies, patio roofs and exterior stairways may project not more than fifty percent into the required yard.

3. Fireplaces may project not more than twenty-four inches.

F. Distance Between Buildings. The minimum distance between buildings shall be as follows:

1. Front to front: thirty feet.

2. Front to side/rear: twenty feet.

3. Other: fifteen feet.

For the purpose of this section, “front” means that wall which contains the primary entry to the unit.

G. Open Space Areas. A minimum of 500 square feet per unit shall be maintained as open space area for common use among residents.

1. Open space areas shall be conveniently located and easily accessible from all dwelling units.

2. At least 50 percent of the open space area must be provided as a contiguous space which must measure at least 15 feet in any given direction.

3. Open space areas may include swimming pools, putting greens, court game facilities, playground areas and recreational buildings, provided that such improvements do not exceed more than 50 percent of the required open green area for lots up to 15,000 square feet, and not more than 25 percent for lots over 15,000 square feet.

4. When a development includes one or more units containing more than two bedrooms, a portion of the open green area required by this chapter shall be improved with playground equipment intended specifically for use by children. The size, location and design of said area shall be established in conjunction with the project approval.

5. Open green areas shall not include streets, vehicle parking areas or accessways; distance between buildings of less than ten feet, or required yard setbacks, except that side and/or rear yard setbacks may be included with the approval of a conditional use permit when the following findings are made:
a. The side and/or rear yards are designed to create usable open green areas. b. The overall site design is enhanced by allowing the use of the setbacks as open green areas.

H. Utilities.

1. All utility services shall be installed underground.

2. For condominiums and other multiple-family projects with individual ownership, each unit shall have individual water, sewer and utility connections and each utility that is consumed within the unit shall be separately metered and/or have a separate lateral, as appropriate.

I. Landscaping.

1. All required yards, spaces between buildings, and open green areas shall be landscaped pursuant to an approved landscape plan prepared by a landscape architect. Landscaping shall be maintained by an electric remote-control automatic sprinkler system and kept weeded and disease-free.

Ordinance 1301 Page 8
Municipal Code Text Amendment 22-0003

2. In all cases, there shall be a minimum of five feet of landscaped setback adjacent to side property lines which shall be free from all driveways, parking, trash enclosures and similar facilities.

J. Refuse Storage. All outdoor trash, garbage and refuse storage shall be screened on all sides from view by a minimum six-foot-high decorative concrete block or masonry wall and the opening provided with a durable wood or metal gate. The inside dimensions of such enclosure shall be determined by Public Works. They shall be provided with hose bibs for maintenance and shall be of adequate number and be conveniently located for all units. Additional requirements to accommodate recycling facilities may be required.

K. Building Length. No building shall exceed a length of one hundred fifty feet.

L. Lighting. All lighting of the buildings, landscape areas and storage areas shall be placed so as to not reflect onto adjoining properties. When necessary, a detailed lighting plan may be required.

M. Mechanical Equipment. All ground mechanical equipment shall be screened behind a permanent structure. All rooftop mechanical equipment shall be completely screened by architectural components integral to the design of the building.

N. Off-Street Parking. The provisions of Chapter 18.156 shall apply.

O. Signs. The provisions of Chapter 18.152 shall apply.

P. Laundry Facilities. When laundry facilities are not provided in each unit, such facilities shall be provided within a totally enclosed permanent building, convenient to all units, and provided with automatic washers and dryers.

Q. Fences and Walls.

1. Required. Where an MF zone abuts a single-family residential zone, there shall be a decorative masonry wall not less than six feet in height erected along and adjacent to the property line, except that such wall shall be reduced to not more than forty-two inches in height, or may be eliminated, in any required yard abutting a street.

2. Permitted. Fences, walls and retaining walls not greater than six feet in height shall be permitted on or within all rear and side property lines on interior lots and corner lots when abutting a street, on or to the rear of all front setback lines. (Ord. 1193 § 2, 2010; Ord. 1072 § 7, 1997; Ord. 995 § 1, 1993; Ord. 965 § 2, 1992)18.42.050

18.42.060 Development plan approval.

Before any building or structure is erected in this zone, a development plan shall have been submitted and approved in accordance with the provisions of Chapter 18.12. (Ord. 965 § 2, 1992)

Ordinance 1301 Page 9
Municipal Code Text Amendment 22-0003
Chapter 18.156

VEHICLE PARKING AND STORAGE

18.156.050 Automobile parking space required
C. Residential Uses.

1. Single-family residences, including
transitional and support housing when
designed as a single-family residence
Two garage spaces per unit

2. Second units One covered space per unit, plus one
additional covered or noncovered space if
more than one bedroom is provided

3. Duplexes Two garage spaces per unit

4. Apartments 1.5 covered space per each studio or 1-
bedroom unit, Two covered spaces per 2-
bedroom or larger unit, plus one noncovered
guest space for every four units

5. Condominiums, townhomes and other
similar complexes
Two garage spaces per unit, plus one
noncovered space for each additional
bedroom beyond two bedrooms per unit, plus
one guest space for each three units

6. Senior citizen housing One covered space per unit and one noncovered space per unit. All spaces shall
be marked with the appropriate unit number
and shall be within 100 feet of the unit they
will serve

7. Mobile homes Two spaces adjoining each mobile home unit, plus one space for every four units for guest
parking

8. Fraternities, sororities, lodging houses,
rooming houses, hostels and similar uses
One space for each sleeping room or one
space for every two beds, whichever is
greater

9. Emergency shelters and year-round
emergency shelters
One space for every five residents in addition
to one space for every employee on the
maximum shift. Shelters within 1,000 feet of
public transportation may reduce the overall
parking requirement by 25 percent