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2000 - Rosemead Chamber of Commerce - Memorandum of Understanding rie DATE(MM/DD/YYYY) --� CERTIFICATE OF LIABILITY INSURANCE 07/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CST INSURANCE SERVICES INC PHONE (626)307-8682 FAX (626)307-5486 72255087 (A/C,No,Ext): (A/C,No): 1411 S GARFIELD AVE SUITE 302 E-MAIL ADDRESS: ALHAMBRA CA 91801 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A: Sentinel Insurance Company Ltd. 11000 INSURED INSURER B ROSEMEAD CHAMBER OF COMMERCE INSURER C: 3953 MUSCATEL AVE ROSEMEAD CA 91770-1748 INSURER D: INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED $1,000,000 PREMISES(Ea occurrence) X General Liability • MED EXP(Any one person) $10,000 A X 72 SBA 162973 08/12/2020 08/12/2021 PERSONAL&ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPIJESPER GENERAL AGGREGATE $4,000,000 POLICY PECO X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED A 72 SBA IB2973 AUTOS AUTOS 08/12/2020 08/12/2021 BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE — OFFICER/MEMBER EXCLUDED? A E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations_Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Rosemead,City Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8838 VALLEY BLVD BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED ROSEMEAD CA 91770-1714 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE d ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Acorns, CERTIFICATE OF LIABILITY INSURANCE 8/2/2IJIJ14 /2014 UED THIS CERTIFICATEIS ISSUED AS AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI GHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED PP PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER • ORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the wails and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROM/GER CONTACT WIAA INSURANCE SERVICES/PHS v (866) 467-8730 �i Nax (888) 443-6112 129801 P: (866) 967-8730 e: (888)R IVED A-17E INSD AIn PERLS,. DINGGGPww€ CITY OF ROSEME SAN ANTONIO ANTONIO TX 78265 -.n: INSURED _. . -j014 Ns IRERB - INSURER C ROSEMEAD CHAMBER OF COMMERCE CITY CLERK'S OFFIC eG 3953 MUSCATEL AVE BYE - INSURER ROSEMEAD CA 91770 INSU RF COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POI ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDO IONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "SR nFL OY TRURAYCE ADD'SY73R pour Ar HBER FOL,'EFt POLICY LP poJJ- JAR LVR N'ID - - LH.MMdTTTT) /VMy4A1111).._ . COMMERCIAL GFHERALLIRBILITY EACH OCCURRENCE .1, 000, 000 CLAWS-MADE X I OCCUR DAMAGE TO RENTED '1, 000, 00° PREMISE5(Eacccurrence) A x General Liab 362;1T3 4 03/12/2015 MED mw(Any enecelmm 40, 000 PERSONAL SADV INJURY ;1, 000, 000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE c2, 000, 000 iPOUCY �Ea x LOC PRODUCTS-COMP/OP AGG ,2, 000, 000 OTHER AUTOMOBILE UABILRY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per Hermon) — ALT OWNED SCHEDULED __- BODILY INJURY(per accident) ) AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AU 105 (Per aCCWOH) UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS MADE AGGREGATE DEC FIGEPRON S I( AM:EMs[nwSA6nmq PER OTH. ANY PROPRIETOP/PARTNERIEXECUTIVEYIN E.L.EACH ACCIDENT OFFICEWMEMBER EXCLUDED? ,a.a IMandabry in NH( E .DISEASE-EA EMPLOYEE' yes,DESCRIPTIOM1N OF OPERATIONS beIo E.L.DISEASE POLICY LIMIT DESCRIPTION OF OPEIiATNAVS/LOCATIONS/YEHX)MFDRp 101,Additional Remarks Schedule,may be attached M more space Es required) Those usual to the Insured's Operations.Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION _ _ - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. L_ty of Rosemead, City Manager AUTHORIZEDREPRESEWTATNE 8838 ROSE ED,VALLEY BLVD ^4 c �✓']- /�� RO SF.MEAD, CA 51770 __ ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE 08DATEMM DNYYYI CERFIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, - 06D-2012 THIS CERTIFICATES ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIBMATIVELYOR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATEOF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylies) must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT WIAA INSURANCE SERVICES/PHS PHOe EAX " °E "t1 (866)467 -e�3o A /c,Ne,: (e77)905 -045 F 251467 P: (866)467 -8730 F: (877)905 -0457 AI PO BOX 33015 ADDRESS: INSURERS) AFFORDING COVERAGE NAICN SAN ANTONIO TX 78265 INSURER A . Sentinel Ins Co LTD $ 1,000, 000 INSURED INSURER R INSURER C : - ROSEMEAD CHAMBER OF COMMERCE MED EXP (Any one person) $ 10,000 3953 MUSCATEL AVE INSURER : T u I I 72 SBA AU442G ROSEMEAD CA 91770 INSURER E: PERSONAL &ADV INJURY INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERFIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH LTR rypE OF INSURANCE INSR WVD POLICY NUMBER POLICY E (MM /DD/YYYY POLICY EXP (MMIDDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, O O O PREMISES (Ea occurrence) $ 1,000, 000 COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10,000 A CLAIMS MADE I X I OCCUR X General Liab T u I I 72 SBA AU442G 00/12/2012 08/12/2013 PERSONAL &ADV INJURY Is 1,000, 000 GENERAL AGGREGATE $ 2,000, 000 GENT AGGREIIGATIE LIMIT A�PPLIE�S PER: PRODUCTS - COMP /OP -AGE $ 2,000, 000 I Ll POLICY u PHO X JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per parson) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS u AUTOS HIRED AUTOS NON -OWNED LI AUTOS I u u PROPERTY DAMAGE (Per accident) S $ UMBRELLA LIAB u OCCUR EACH OCCURRENCE $ AGGREGATE $ EX CESS LIAB CLAIMS -MADE I I u u DEDI I RETENTION $ 3 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC STATU- OTH- TO HY LIMITS ER E.L. EACH ACCIDENT S ANY PROPRIETOR /PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? u NIA U E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) IF yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5 uu DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule, it more space is required) Those usual to the Insured's Operations.Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION e 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Rosemead, City Manager DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORZE R PRESENTATIVE 8838 VALLEY BLVD ROSEMEAD, CA 91770 e 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD eAttachment A / { PROMISSORY NOTE , J $25,000.00 Rosemead, California Sept. 14 ,2010 For value received, the ROSEMEAD CHAMBER OF COMMERCE ( "Borrower "), does hereby covenant and promise to pay to the ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, a public body, corporate and politic ( "Commission "), or order, the principal sum of Twenty -Five Thousand and No /100 Dollars ($25,000.00). Principal is payable in lawful money of the United States of America without setoff, deduction or counterclaim and shall be paid to the Commission, in installments as provided in Section 2 below, at 8838 E. Valley Boulevard, Rosemead, California 91770, or at such other place as Commission may from time to time designate by written notice to Borrower, Terms of the Loan. (a) No interest is payable on the outstanding principal. Principal is payable in four (4) annual installments of $6,000.00 (Six Thousand and NO /100 Dollars) each commencing on July 1, 2012 (the "Commencement Date "), and continuing thereafter on the same day of each succeeding year until July 1, 2015 (the "Maturity Date "), at which time all outstanding principal shall be fully due and payable. (b) To the extent that Borrower makes any payment or Commission receives any payment or proceeds for Borrower's benefit, which are subsequently invalidated, declared to be fraudulent or preferential, or are required to be set aside or to be repaid to a trustee, debtor in possession, receiver, custodian or any other party under any bankruptcy law, common law or equitable cause, then, to such extent, the obligations of Borrower hereunder intended to be satisfied shall be revised and continue as if such payment or proceeds had not been received by Commission. (c) Borrower shall pay to Commission a charge ( "Late Charge ") for the collection of late payments in an amount equal to three percent (3 %) of any payment required hereunder which is not paid within ten (10) days after the date such payment is due, as liquidated damages and not as a penalty. Without limiting the foregoing, Borrower agrees that the Late Charge shall be due and payable upon the entire unpaid principal amount if not paid when due upon the Maturity Date. Acceptance of any Late Charge does not constitute a waiver by Commission of the default with respect to the overdue amount and shall not prevent Commission from exercising any other rights or remedies available to it. From and after the Maturity Date of this Note or such earlier date as all sums owing on this Note become due and payable by acceleration or otherwise, all sums owing on this Note, at Commission's option, will bear interest until paid in full at a rate equal to ten percent (10 %) per annum. (d) All payments on this Note will be applied first to the payment of any costs, fees, Late Charges, or other charges incurred in connection with the indebtedness evidenced by this Note; then to the reduction of the principal balance. Borrower may prepay this Note, in whole or in part; at any LA #4835 -7648 -0518 v3 4- time without any penalty or additional fees; all such prepayments shall be applied to the installments due under this Note in the inverse order of their maturity. (e) The Loan is unsecured, but supported by a Negative Pledge Agreement (the "Negative Pledge Agreement ") by Borrower, executed as of the date hereof, in favor of Commission and in the form of attached Exhibit 1 to this Loan Agreement. The Negative Pledge Agreement provides that so long as this Loan remains unpaid all or in part, Borrower agrees not to grant any lien on its wholly -owned and unencumbered real property located at 3953 Muscatel Avenue, Rosemead, CA 91770 -1748, and also provides that the Borrower will not to sell or transfer such real property, as all more particularly provided in the Negative Pledge Agreement. (f) The parties hereto intend to conform strictly to the applicable usury laws. In no event shall the Commission be entitled to interest exceeding the maximum rate permitted by law. If fulfillment of any provision of this Note, or of any other document pertaining to the indebtedness evidenced hereby, at the time performance of such provisions shall be due, would involve exceeding the maximum rate of interest prescribed by law, then the obligation to be fulfilled shall be reduced automatically so as to equal such maximum rate. If the Commission shall ever receive anything of value deemed interest under applicable law which would exceed interest at the highest lawful rate, an amount equal to any amount which would have been excessive interest shall be applied to the reduction of principal installments payable with respect to this Note in the inverse order of their maturity and not to the payment of interest, or if such amount which would have been excessive interest exceeds the unpaid balance of principal hereof, such excess shall be refunded to Borrower. All sums paid or agreed to be paid to the Commission for the use, forbearance or detention of the indebtedness of the Borrower to the Commission hereunder shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of such indebtedness so that the amount of interest on account of such indebtedness does not exceed the maximum permitted by applicable law. 3. Acceleration on Default. If Borrower fails to pay the principal of, or any other amount payable by Borrower under this Note, as and when the same is due and payable or there is a Default under and as defined in the Negative Pledge Agreement by Borrower, then, in addition to all rights and remedies of the Commission under the Agreement, applicable law or otherwise, all such rights and remedies being cumulative, the Commission may, at its option, declare all amounts owing under this Note to be due and payable, whereupon the then unpaid principal balance hereof shall forthwith become due and payable. 4. Cost of Collection. Borrower agrees to pay the following costs, expenses and attorneys' fees paid or incurred by Commission: (i) costs and expenses of collection or enforcement of, and attorneys' fees paid or incurred in connection with the collection or enforcement of, this Note, whether or not suit is filed; and (ii) costs of suit and such sum as the Court may adjudge as attorneys' fees in an action to enforce payment of this Note or any part of it. 5. Forbearance Not a Waiver. No delay or omission on the part of Commission in exercising any rights under this Note or the Deed of Trust on breach or default by Borrower shall operate as a waiver of such right or any other right under this Note or the Deed of Trust for the same breach or default or any other breach or default. LA #4835- 7648 -0518 0 -2- 6. Assignment. Commission shall have the right to sell, assign or otherwise transfer, in whole or in part, this Note, the Deed of Trust, and any other instrument evidencing or securing the indebtedness of this Note without the consent of Borrower. Borrower shall not sell, assign or otherwise transfer this Note, in whole or in part, without the prior written consent of Commission which consent the Commission is under no obligation to give. 7. No Oral Modifications. Neither this Note nor any of the terms or provisions hereof can be altered, modified, amended, waived, extended, changed, discharged or terminated orally or by a course of conduct, but only by an agreement in writing signed by the party against whom enforcement of any alteration, modification, amendment, waiver, extension, change, discharge or termination is sought. Time is of the Essence. Time is of the essence for each and every obligation under this Note. ROSEnME�AD CHAMBER OF COMMERCE -I - By: / kj A IEF"u k'61t4t j o 1. (Print Name & Title) f By: (Print Name & Title) LA 44835- 7648 -0518 v3 -3- F. � Ct DEAN C. LOGAN Registrar - Recorder /County Clerk CITY OF ROSEMEAD 8838 E VALLEY BLVD ROSEMEAD CA 91770 COLIN_ OF LOS ANGELES REGISTRAR - RECORDER /COUNTY CLERK P.O. BOX 1250, NORWALK. CALIFORNIA 90651 -1250 / www.lavote.net Date: 01/19/2011 Re: (1) NEGATIVE PLEDGE AGMT ROSEMEAD CHAMBER OF COMMERCE $ NO CHECK The enclosed document is being returned unrecorded for the following reasons indicated by a green ( ✓) on the document: 1) The entire document or portion of the document is /are readable but is /are riot sufficiently legible to be use for making the permanent photographic record. Please review the enclosed bulletin for suggested methods to correct the defect. 2) We have found the enclosed document(s): X (a) to be unacceptable for recording as presented, or _ (b) to have no provision in the California State Law authorizing recording. This office cannot advise you on how to prepare documents for recording. However, most stationery stores carry legal forms which may fit your situation, and if properly completed, may be recorded. We suggest you consult your legal advisor. 3) PLEASE DELETE WRODING ATTACHMENT BAND EXHIBIT 1 FROM THE FIRST PAGE. Please correct and complete the information as noted above and return a copy of this letter back with the documents. DEAN C. LOGAN Registrar- Recorder /County Clerk kd.L By: E. Ramirez 562 - 462 -2125, Deputy R74MOO (R. OM9) The enclosed document is being returned unrecorded because it (o portion thereof) is not legible enough to make the necessary permanent photographic record. In order to have the document recorded, it is recommended you follow one of the methods listed below in compliance with Government Code Section 273617. NG prepare and submit a legible copy of the document. If the laws of your state permit, prepare a copy of the illegible portion of the document and include a declaration signed under penalty of perjury. California law permits such a declaration executed in this or another state. The following format must be used for recording purposes: "I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct." IGN (DATE DECLARATION SIGNED) SIG GRANT E) (DAT I# E) � Attach the legible copy, with the declaration, to the last page of the illegible document. Recording Requested By And When Recorded Return To: Rosemead Community Development Commission 8838 E. Valley Boulevard Rosemead, California 91770 Attn: City Clerk Exempt Recording Per Government Code Sections 6103 and 27383 Attachment B Space Above This Line For Recorder's Use EXHIBIT 1 to Promissory Note Between Borrower and Lender NEGATIVE PLEDGE AGREEMENT This NEGATIVE PLEDGE AGREEMENT (this "Agreement ") is dated as of Sept. 1,4 2010, and is made by the undersigned Rosemead Chamber of Commerce (the 'Borrower ") in favor of Rosemead Community Development Commission (the "Lender "). RECITALS A. Pursuant to the Promissory Note dated as of sept1 x2010 (as it may hereafter be amended, modified, restated or supplemented from time to time, the "Note ") among the Borrower, and the Lender, Lender expects to extend a certain loan to Borrower subject to the terms of the Note. B. The obligation of the Lender to make a certain loan to the Borrower is subject to the condition, among others, that the Borrower enters into this Agreement. NOW THEREFORE, the Borrower, for valuable consideration, receipt of which hereby is acknowledged, jointly and severally hereby agree as follows: 1. Capitalized Terms. Capitalized terns not otherwise defined herein shall have the meanings given them in the Note. 2. Negative Pledge. In order to induce the Lender to extend a loan to the Borrower, the Borrower hereby agrees that so long as any amounts owing under the Note remain outstanding, the Borrower will not, nor will it permit, as the case may be, the granting of a lien in, or otherwise mortgage, encumber, pledge, grant a security interest, and/or enter into a negative pledge agreement with respect to, the real property of the Borrower, located at 3953 Muscatel Avenue, Rosemead, CA 91770 -1748, and legally described on Exhibit "A" attached LA #4840 -5034 -0615 v2 DRAFT 7/26/10 hereto (collectively, the "Property "), or any equity or other interest in the Property, even in the ordinary course of Borrower's business. Borrower also agrees not to sell, convey, grant, lease, give, contribute, assign, or otherwise transfer any of Borrower's assets, including, without limitation, the Property. 3. Nature of Negative Pledge, Waivers. This is an absolute, unconditional and continuing Agreement and will remain in full force and effect until all of the terms and conditions of the Note have been fully satisfied. This Agreement will extend to and cover renewals, extensions, modifications and /or marketing of the Note and any number of extensions of time for payment thereof and will not be affected by any surrender, exchange, acceptance, or release by the Lender of any pledge or any security held by it for any of the Note. 4. Representations and Covenants. The Borrower represents and warrants that: (a) the Borrower is the sole owner of the Property and has not made any prior sale, pledge, encumbrance, assignment or other disposition of any of the Property and the same is free from all mortgages, deeds of trust, liens and other encumbrances; (b) the Borrower will defend, at the Borrower's expense, the Property against all claims and demands of all persons at any time claiming the same or any interest therein; (c) the Borrower has the full right, power and authority to execute, deliver and perform this Agreement and the execution, delivery and performance of this Agreement by the Borrower has been duly authorized by all necessary action on the Borrower's part; and (d) the execution, delivery and performance of this Agreement by the Borrower does not and will not violate or conflict with the terms of any law, rule, regulation, order, decree, agreement or instrument to which the Borrower is a party or by which it or the Property is bound. 5. Default. All or any of the following will constitute a Default under this Agreement: (a) the breach of any representation of the Borrower herein, (b) the failure of the Borrower to perform any covenants or agreements contained herein, and/or (c) the occurrence of a default under the Note. 6. Representations and Warranties to Survive. All representations, warranties, covenants and agreements made by the Borrower herein will survive the execution and delivery of this Agreement without limitation as to time and amount. 7. Notices. All notices, requests, demands and other communications required or permitted to be given under the terms of this Agreement by one party to the other shall be in writing addressed to the recipient party's Notice Address set forth below and shall be deemed to have been duly given or made (a) if delivered personally (including by commercial courier or delivery service) to the party's Notice Address, then as of the date delivered (or if delivery is 2 LA #4840 - 5034 -0615 v2 DRAFT 7/26110 refused, on presentation), or (b) if mailed by certified mail to the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the party's Notice Address as evidenced by the return receipt, or (c) if mailed by first class mail to the party's Notice address, postage prepaid, then on the third (3rd) business day following deposit in the United States Mail. Any party may change its Notice Address by a notice given in the foregoing form and manner. The Notice Addresses of the parties are: If to the Lender: Rosemead Community Development Commission 8838 E. Valley Boulevard Rosemead, California 91770 Attn: Executive Director If to the Borrower: Rosemead Chamber of Commerce 3953 Muscatel Avenue Rosemead, California 91770 Attn: President 8. Miscellaneous. 8.1 This Agreement is binding upon and inures to the benefit of the Lender and the Borrower and their respective successor and assign, provided, however, that the Borrower may not assign this Agreement in whole or in part without the prior written consent of the Lender (which consent the Lender is under no obligation to give), and Lender at any time may assign this Agreement in whole or in part in connection with any sale, assignment or other transfer of the Note. 8.2 This Agreement (including the documents and instruments referred to herein and therein) constitutes the entire agreement of the parties with respect to the subject matter hereof and thereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof and thereof. This Agreement may be amended or modified in whole or in part at any time only by an agreement in writing executed in the same manner as this Agreement after authorization to do so by the parties hereto. 8.3 In case any one or more of the provisions contained in this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability in any respect, the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby. 8.4 This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed will be deemed to be an original and all of which taken together will constitute one and the same agreement. Any 3 LA #4840- 5034 -0615 v2 DRAFT 7/26/10 party so executing this Agreement by facsimile transmission shall promptly deliver a manually executed counterpart, provided that any failure to do so shall not affect the validity of the counterpart executed by facsimile transmission. 8.5 Acknowledgement by Loan Parties. THE BORROWER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF IT CHOOSING IN THE NEGOTIATION, EXECUTION AND DELIVERY OF THIS AGREEMENT, AND THE BORROWER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT. IN PARTICULAR, THE BORROWER UNDERSTANDS THAT THIS AGREEMENT WILL BE IN THE REAL PROPERTY RECORDS OF THE COUNTY WHERE THE PROPERTY IS LOCATED, AND THAT THIS AGREEMENT WILL MAKE BORROWER'S TITLE TO THE PROPERTY UNMARKETABLE, SO THAT NO ONE WILL LIKELY PURCHASE OR LEASE ANY PART OF THE PROPERTY OR LOAN MONEY AND ACCEPT A MORTGAGE OR SECURITY INTEREST ON ANY PART OF THE PROPERTY. NONETHELESS, BORROWER IS VOLUNTARILY EXECUTING AND DELIVERING THIS AGREEMENT AND IS AGREEING TO BE BOUND BY ITS TERMS. 8.6 Governing Law. This Agreement has been delivered and accepted at and will be deemed to have been made at Rosemead, California and will be interpreted and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of California, without regard to conflicts of law principles. 8.7 Consent to Jurisdiction. THE BORROWER HEREBY IRREVOCABLY SUBMITS TO THE NON - EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR STATE OF CALIFORNIA COURT SITTING IN THE COUNTY OF LOS ANGELES IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENTS, AND THE BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREINAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. 8.8 Arbitration. As a manner to resolve disputes arising under this Agreement the parties may agree to submit a matter to non - binding arbitration. Such arbitration 4 LA #4840 - 5034 -0615 v2 DRAFT 7/26/10 shall not in any way waive either parties' rights and remedies against the other party which may be available under the law. Costs for arbitration shall be borne equally by the parties. 8.9 WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BORROWER HEREBY WAIVES TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH ANY LOAN DOCUMENT OR THE RELATIONSHIP ESTABLISHED THEREUNDER. s LA #4840- 5034 -0615 v2 DRAFT 7/26/10 The Lender and the Borrower have caused this Agreement to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above. 011, / ROSEMEAD CHAMBER OF COMMERCE Title:X��ce By Title: ZA Cr LENDER: ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION By: Title: Chairman Attest: -tta I Commission Secretary LA #4840- 5034 -0615 v2 DRAFT 7126110 ACKNOWLEDGMENT State of California ) ) ss County of Los Angeles ) On fj� 1 ,101 0 before me, (�A( ©(fC) �,Joj l "-C� - , C__� 1 (Name of rotary) ' notary public, personally appeared i✓�i, t1S Irv) QCcfl-a who proved to me on the basis of satisfactory evidence to be the person(s) -whose name(s)- is /a;e subscribed to the within instrument and acknowledged to me that he /she/they executed the same in hisihe44wir authorized capacity(ies), and that by his/h @PMTir signatur0g) on the instrument the person(a), or the entity upon behalf of which the person(s� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. c �kCA (Notary Signature) State of California ) ) ss County of Los Angeles ) GLORIA MOLLEDA Commission 8 1792979 Notary Public - Callfornla Los Angeles County 2 2012 On®f AABff (!� l t f 16� () before me, GWY� OAiE 7 C" , n (Name of Notary) notary public, personally appeared ` AG�j 10 r who proved to me on the basis of satisfactory e 'deuce to be the persons) whose names) is /are subscribed to the within instrument and acknowledged to me that he /shefffny executed the same in his/her#keir authorized capacity(ies), and that by hisAhrTfJTT'r signature(s' on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . ,6Lc0I 0"9 (Notary Signature) LA #4840- 5034 -0615 v2 DRAFT 7/26/10 GLORIA MOLLEDA Camml7ilon # 1792979 Nofafy Public - Callfornla Los Angeles County Comm. 22012 EXHIBIT A LEGAL DESCRIPTION [To Be Attached] LA #4840- 5034 -0615 v2 DRAFT 7/26/10 Legal Description of Property Situated at 3953 Muscatel Ave.. City of Rosemead, California The North 57.65 feet of the South 211.00 feet of the East 210.39 feet of Lot 1 of Tract No. 3360, in the City of Rosemead, County of Los Angeles, State of California, as per map recorded in Book 37, Page 1 of Maps, in the Office of the County Recorder of said County. APN 5390- 010 -035 by L.J.L. 10/05/10 o e eti�a,o mm w°1 m$Wtio J �vo.NU.m`�8°y�u •Y Vheip o U nl� n n nnn V: 1:1 � C7 ik ¢ w� mo m m 1� Qp I 3AV l31VDsm m n 3 w 5 19'16/ ° .Ze2 d'1 90tli 9p LL I I I a' op slal I II m > �°i w I[ /w b h° I I wgmNN qma NI �I pa/ I i O of 1 ®I M e an d N O mss ms9 LN o. y ml S9LS VS OS lS I 599 Obo X13 C pQ P ___ � ml Y' Woos 0 0 m k I IL i ° 9Y /s y O7 OoV' °� Im ° q m ti w'al II h I �.• F N n vei .ap'pe/ oa/ .assn n n ocrs/ U mM R .R a h0o — __ - - -Oo O� o69n ° QI QI ,� 4a - :- - - - / -- N r a II�� Kas r I and n N: JFei �Oe /9L J a oa OoL on a N I �: J 9o'6si W o[ W Lo No0 ®r & 1— °n v4 d d O 7 Ld (9 0 '3AV I ^ 12i3N2i39 w, w Z Z I I I i w my IQm I wm _ o �T plU� om O C ® m � g U N ' larn t 9 m. TP4c7-No.336 o .' rnihe Ceu.,9yof/�orA.vge /es, Co /i�mio — ,chid oeu�vraa�a }!n >s ��noh5 �semea7 z os pv mo0_iecwdee�&aa.t2 //�agei�4 of Md/�sRrco�d. Jsvd�ow„J -,... d �I,dle aafbef o ane m:/: SuNeyed'rn Ge6vaory/y/y '4rn Mre as H�y.. Cnmv� do<.� /ew .f) ll-� i �A1�u {rb�ry�f6 srtd ' ,�pepw � Pr 'n F n � N Zos69 <m.. 2os <d. N o "✓ ry L m 3 bNpa l 4Sa.> I) oJAB�• Sae 9 � o ti 6 y 4yo 79 C b f0'l. N 69 ?Aecls E.. 4za�pe' ;,�r....,y r1ry - /�i/se Couniy cf.�at9ge /bs, Co /i�vrsio —. Vb =n +.x, � „�w�n�.�: berg o.mCdvraaq of,(p13 B/aai'S /PosemeoC Sbcrl2 os ✓ per mop ie <a -Jed, 6aaF L' //ISye //4 of MopsRecord+ f �adGcv,�, - - _ /ce% ioa femf >, one �e:.{ - SuNayed -vo Fe6ruoiy 49( n «d am i” Aw r f nmpe� w e /.f.i / 'CWLbe e99/� a. n• oV1 "� d' R n ra °P /i.i7 src `� 42 72io d.v wrn. U 1 Sr., 2,a 4a''w _ 4r 39' Wv i''� Bray II WW��4a a" e r � e m p n N II e � n n o, . � n94e //r P✓ b f� �w °9125 rp°'�k pl+ry' a M Y 5n r /a sa,•spl k G w5d rl h era a f9 /r l p114 JAN 5 1918 5MEET N° 1 TRACT 1V° .10195 JN THE COUNTYOF L05 ANGELES' We hereby eerf/fy that we are the owners of or are infer L W CMason, hereby cerlY Mall am civi/en9ineer esfed in, fhe /and ine /sided in fhe the subdivision shown an and that th /s map consisting of s sheets represenfs a the annexed map, and that we are the on /y persans whose survey made under my supervision in November consent is necessary to pass a dear ti //e to said taod, and 1927, and thaf a/✓ of the monarncnis: shown thereon we consent to themaktns/ ofsoid map and sub division as actua //y exist , -and then- iosl4ons. are Correctly shown within the cored boro'er floc and we herebyil ded shown. - ✓ cafe /o fhepubl /c use theslreets,a✓emre,bou /evarddnd ----- �f:� "s____!!Cc'A'h� a//eysas shown on saidmap within sa /d subdivision- .- - State of Cal ✓forma 1 Roseme Ra cho -Owner - County of Los Angelesl''s On fhisrsday a {i`t i the year Q�;,7L6�.CE - /927 before me .a- `'°aia'r�f r3i%b /re in and -Pres. for fhe said Counfy and State, duty commissioned and sworn, personally appeared Gv. CMasonknown f ee. to me /obe the person whose name is subscribed fo the within msfrumenf and acknow /edged force that he executed the same. IN Wi Tess W iieaeor lhave hereamo set my hand and affixed my fsea/ fhe day and - year in this certificate first above. written " California Tr Co. - Owner - - - 7 i!�uKofary "r M ! .>Jo�[ Ag'ksc- - 6'-___ State of Ca /ifornia 1 - County of Los Angeles) sS On lhisz3 day oAp a. ✓n fhe year h'untm ton Land and lm fouement Ca °per.; ;, /327 before me Sc ss ie Wiley a nofary pa,i /1e in 4 p and for said County and State, duty commissioned - and sworn, Persona //��// appeared re �c/crq.,pukrteNds ---pre known tb me to be fh�e� y;�,P nei 'enf an F s�hM ;✓t - known to me to be the ecretary ate the Califorma '! r It I, Sec, - Trust Co.,. Me corporation Maf executed the wi7h ✓a instrument, know to me, to be the persons whose names are subscribedtherefo and acknow /ed��rreo' tome fhafsuch car oration executed the soKme. In Witness Wh reof / have hereunlo setmy hand aodaff✓xed my offfc /a/ sea/ the day and T` .Guara Tr -_q/ stee -year in this cerf /ficafe firms }.above -writ en. State of California 'j Cit/zens Trust 8 Sav✓ngs Bank - Trustee Counfy of LosAnge /es) - On MlsZa day of Ac. in the year before and met 1F. l(oehl, a nofary puAc b in ipres and for said County and State, residing, therein, ^E duly commrssion d and sWOrn, personally - £ _Sec. appeared A.G• We &r known fo me.tohe ///�q pre s. andE.L. Callahan knownto,metobeth2�'&Lac'yof- Mall, A, hnL °a!s /ra .�tG, the corporation /hat exe- - ruled fZO within instrument, knawnta meta be thepersons whose names are subscribed there- - - - - to and acknow /edr_J'ed to me, that such corporation - executed the same,. An Witness Whereof lhave herrunto sefmy hand and affixed my officio/ sea/ the da` q and year in this cerfificafe first above written. - Noro„y Vob %b inaMf /Las A°gpJN Ca, Sh11:ET N° Z TRACT N9 10195 /N Th'E COUNTY Or LOS ANGELES Stale of California County afLos Ange %sJ before me Onth /s�117alay aI r Aa-e.. in �^- !a �p a sy pub /i said County and Stafe, siding /herein, sinned and sworn, persona //y appeared J'nawn to meta be ihe_,�esiden /, and BnoA✓n/o me to be i Ye,; rec'q of ft^a• - • -a R corporation that executed the within igsf tome to be the persons whale names are thercfo and ac/rn ow/eolpccl to me-0,?./r the year /.927, 9 9 L',.,.^'t pia -.ti7a /o /ys 4. QEGOf�DE/J J.pN 5 1928 /zs SHEET N4 3 TRACT N° 10195 IN THE COUNTY OF LOS ANGELES BEING A SUBD /v /S<ON OFA PORTION OF LOT B. BLOCKS, ROSEMEAD SHEET- 2, RECORDED IN BOOK 21, PAGES 114 d115 OF MAPS, RECORDS OF LOS ANGELES COUNTY NOYfWBER - 1327 - - SCALE: / " =.%00' W. C,0PS017-CE. v- POMONA-= B�•Qe >BW:. gOULfU4RO4 -- - 413.99 Po6oNn Ba(K[Y RD 40740'15 "W. � . S2 Z v� 9.{-^� .15 796.06 ... -,R - Fd2 /.P Nff o / � GO l O 0 - 'I n� K- _Q 2511 1 �6 G A bTO S 1l0. P•1/45P /B � r� �4 2 P M Voa. . �. STfeM lY NB.3F/ - cr ✓d* - 4z �•y� g °. VIA k sB � �N j Nx N3 ZI2 W N ,. 41.P. Ceu�T75 Q:saja 2sm•4ars I Q sd 2`e9.- .Note: g Me bearin of fhe eas /ine of Burioq 4Y e., . �. as Bsa7 , 'as shows? on fnap of Traet. Na 62F3, recdrdedin Book 97, pages P6 to 90 of Maps, was used as fhe Basis far - - - heariprr's.,ihoWI) 0p 1111d. map: - - - I BB . I M o O. io 0 6 N 7 N h NI &' ALLEY £ 1a ,. � RECORDED Z p I y,• s'''u Ss.4a so O 0 JaN$ l92P _Q Btsa- /s N. � r� �4 2 P M . �. STfeM JTy `7 - cr ✓d* - 4z �•y� g °. VIA sB al v � h s0 rd2ra.xe a�.. (o /T pN9J960 60 / ,. 41.P. Ceu�T75 i "a2 /3,AAB97 -2B I sd 2`e9.- .Note: g Me bearin of fhe eas /ine of Burioq 4Y e., . �. as Bsa7 , 'as shows? on fnap of Traet. Na 62F3, recdrdedin Book 97, pages P6 to 90 of Maps, was used as fhe Basis far - - - heariprr's.,ihoWI) 0p 1111d. map: - - - NI &' ALLEY £ 1a Z Q O 4@ 3 _Q O- hl�"'TSseo e7°44' ry Wi W cufsr r� J - cr 4z �•y� g °. VIA v � h s0 rd2ra.xe a�.. (o /T pN9J960 60 - �197W %5M /1539:.. '-' -'-s B "40%8 1.. 949.00 - ,. 41.P. Ceu�T75 i "a2 /3,AAB97 -2B I sd 2`e9.- .Note: g Me bearin of fhe eas /ine of Burioq 4Y e., . �. as Bsa7 , 'as shows? on fnap of Traet. Na 62F3, recdrdedin Book 97, pages P6 to 90 of Maps, was used as fhe Basis far - - - heariprr's.,ihoWI) 0p 1111d. map: - - - fI awl J b SOOKMPAGE 36 -� /� SHEET I OF i GR.i r � �� I�J� \J / \/� �•, TTTII1n�� \\T1I�F -'[)(/'.gip) /�) ��[)� / \� \��y�) " CT Q 3303(`s/ {R /vy�y� I - '•'E1y A ; EE °9UI � 1111`{ 1L ;TggOi IN THE CITY OF ROSEMEAO, COUNTY: Of LOS ANGELES STATE OF CALIFORNIA Z� vlsi3PM PAD 0116E POBLIC W WsYS :NON OH SAID NAPrRW Pim RU16nNIYe ETM9ttM laeinrtiY6VCANInX63Nawls m " BEING A SUBDIVISION OF LOTS 3 B e, TRACT NO.. 3360 AS SHOWN ON ernNBc MAP FILED IN BOOR 37 PAGE I OF MAPS IN THE OFFICE OF THE RECORDER IV( Hllyp pIYI. OF THE COUNTY OF LOS ANGELES - gWIME PAWN ILL PIxF WITHW 'FWENTY.-FO U6 ModTH$ FPLV+1 CJL W BC'M " - GNO tt1eT TAP iJOfGS R/ Pu_ CFSITI: I ANC - hbilll INFNfC NB HEREBY CEPTIM TEAT WE APE ME DEFORM OF OR AM MMEEMED M ME iANIH I9CLOD® FDNSM. ME SDMOOMME MOSS DO THIS " " MR WI W DAD DISTIECTNE BORDER D R =6� A M CONSMT TO ME FAMARAREME FEES FUUNG OF SAID MAP ADD SM.I.MS. . ROOMY DEDICATE 'N ME POSLIC USE ALL ETg88'ffi, 16G.E , PAD 0116E POBLIC W WsYS :NON OH SAID NAPrRW Pim RU16nNIYe ETM9ttM laeinrtiY6VCANInX63Nawls m mgpnyWO1OFWGT MI NO0u ulrs K�ogi �r ME[eaWSl l TAAT, ®IL`BPT A.9 SHWIP 1VI5�' MP ON FILL IE M ME OP MS. O@ WE OSIM ISDOEHT EE M. OF NO M.9EROR, OE STAUKTME MISTING NI191IE ME " " Eaupn rR. IEIEIN RM.F D PCE D80ICAn.. 191E ROD... OrMS MAR, PUBLICLY 0.9tl® Mm LIM S--Ar 0I 6TOPM —I-- .I W8 . OFAHT M NIOET 0E INTER89T pI'-m T16 BODSOA MS �. . . OF RAID BADE SASS OPFBSBO TO TIE PVBLECr 16O:P1' FEON% HIKE BIEBT OF INTE686N IS MEARM. MAOB SOBTPCT TO ME SAID - - EASE�lB. PFr P IoEpE 58CS8TABY Igfn9Oq[q eY3NFSgMYV7 . r �¢' e /AdAF6G .V� /v�me s�9»dsi sv E.v- K/�s- a3ia9ia9K 9KM�L_ W mi S �/GUCE / Svs � S TARB CALFRAMIA I S COONFP OF LOS APl61.ED I 0E TBIB MY OI/ 1977 SBAM YIaL`t A tlOARY PWISC lli AEA FpH SA � ' Ei014'10 m ED Be ME MES=T ANO lP6L /C K /cONAN , XYOEN 'N H8 TO B8 'ffi M STA -lo NC Bat? TN8 cO�1�OSATI DE MAT .. RM M'PQH INBTR. App ANUiE s s. BE&1LP; FO •1'f16 CDRPOa RME RBPSIR . ANO DO... TO A T�MT�w® C,M0M.. E8<CVPED MH 8M@. A j^RE T 3-- S DUFlEA�LI"L �U..awA•E E ZrmmeeN lux�••r• BFFE FlLED aSODE{05118 • AAF PfgABLp UNBEB INE OA TNN9 65492 aNp 68998 M j10 ` $303••�•ey •ea � ��'YR 6�� ®�i�� .NXIES UOi ry =u<ned 0fTSIf *II h. tll . �✓ii �.s�a� 1 DWS l CERPRI TVAT LOM IN DE' ME OF' APPROVED 01T E HWRD OF 50q O.S, OF IDS RD OF Bas F .' ADAM M ASMEW "D T IARFS AS. SRM,. M , IA[IE Wi IFNO SNtiVEL.g1 Rp 332 _AE REQIM JA'mY'M L. MI$, G:F'v.'DF]1EB OF THE COVNry RATE OyF CayW�tl('� OY ..bnLlwn �X±Iv T4c IrNE I OF TEA STATE OF MLIF08NIA: "TZA TH10 FAA C®r- SISTIM OF 2 MEEM, IS A 1ND8 AND C ST6 SV8V8Y " AS S8W81, AHO WAS ME. BY NB OP @IOBA I.MOSIOE ON IRSDA.' 3, 19"11: TBAT TAE NRM4ETT8 OF ME CEAAAC AM LICAm. SHOES ... A86 SN PLACE TINT SAID MOMMIEV. ME SUPMT 8NT TO MAME THE PVSVSY TO B8 BeTpAADEBIANO MAR TIE...5 TO 1'BMINE MM@IEME SSWN AS "SFT" "AM M FII.B I DSARFTY BNOlE88R FIELD BODE 00. 9075 PM:B 93 1 6 LS NO ]= 1 TM MFOM G N. S' 21' 15" E. kM E CEBRERLIBB 08 " NIISCABE, AV@N8 AS B.— DN C.S. B -2995 MS 0580 AE T16 OF MAILIBGS QT MM BAP. ' ALL 2" I.P.`5 AM SW PL008. mFFZL✓l /ntl>6✓ldn:9a✓O /vp3fpYF NT sI` �iNr tiff A'm E bV/NS 1 38 mid .vcctlVOS L vM:'E/E9 /�L �� T µv' Ram �N ry>✓AUa ism �F ��/, sviv 5/bslmry/.F<S OmE.vmlmgr>� T--g.' OF EASED= OIL O#iBR UB GVP Z. OIL A. IE 800E M -3O9 P RADED 89 w . A .. .1 MIEIOd9 OF 8CT2(}i -6 6. 81 OP PI$ ACT. IE A EIONT M ENTRY ON ME SEMAQiiM j IF �� MY 60IL B8P M COBCRMID`G TI6 L4Bp I ®T)3DE0 E ME BODNMRY OB TRI9 BVBBNISIOtl BY eG181p4xxDE M.MEMIM COMPABY Gp JdM 7� 19"IE:' i 1977 OZ. BY T J ,HflUSER RL r /gSBZ. - IHOME; TVE E TFLIINI FIEn n }fin: 4 PK" 1 • �u T--g.' OF EASED= OIL O#iBR UB GVP Z. OIL A. IE 800E M -3O9 P RADED 89 w . A .. .1 MIEIOd9 OF 8CT2(}i -6 6. 81 OP PI$ ACT. IE A EIONT M ENTRY ON ME SEMAQiiM j IF �� MY 60IL B8P M COBCRMID`G TI6 L4Bp I ®T)3DE0 E ME BODNMRY OB TRI9 BVBBNISIOtl BY eG181p4xxDE M.MEMIM COMPABY Gp JdM 7� 19"IE:' i 1977 OZ. 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M -309 P OF OFPICI EC SA 05" 1 AN081E9 OSNEN Y, - PPO/I8I. 98CTI .68 fi 9VB - M 31 I11 OF TIB SOBOI ME ACT, IMS.QBR AN i RE A ➢089 AMO ALONE @' ENTRY ON Ttl8 BVRPACB p^ Y __ SOIL NPOR" 0 OBC611N1WG TNB IANp �GUDBO igq�ryW$. T� BOUMNIRY OP THIS BVBONISIOtl PAEpC`j BY E9 ®MTION @iciNMIDG cMSANY ✓Me.F:>N I % "1Pi' !V 19]] SI018O BY T ,J. NAUSER RC-E l y °` 1 - DQ. \ � la fi1E IENI. EA N I95NIIB t; - DQ. \ � la fi1E IENI. EA N Service Center PO BOX 33015 SAN ANTONIO TX 78265 (866) 467 -8730 Fax: (877) 905 -0457 'pA 003374 City of Rosemead 8838 VALLEY BLVD ROSEMEAD CA 91770 City Manager Insured Name: ROSEMEAD CHAMBER OF Policy Number: 72WECJW3489 Policy Type: Workers' Compensation Effective Date: 01/21/12 Expiration Date: 01/21/13 To whom it may concern: 02/06/12 Our records indicate that a certificate of Insurance was issued, providing proof of insurance, on behalf of the above named insured. This is to inform you that effective 01/21/12 , all coverage shown on the certificate for the above policy number is cancelled. Should you have any questions, please do not hesitate to contact our office. Sincerely, Your Customer Service Team at The Hartford i A � °® CERTIFICATE OF LIABILITY INSURANCE 01-09 -2012 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI. AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policylies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WIAA INSURANCE SERVICES /PHS 251467 P:(866)467-8730 F:(877)905-0457 ON A6 PAOe FAX E. 1) (866)467 -8730 1 w/c,Nal: (677)905 -0457 X PO BOX 33015 ADDRESS: 08/12 /2011 SAN ANTONIO TX 78265 CUSTOMER ID p: INSURER(S) AFFORDING COVERAGE NAIC N S l-, 000, 000 INSURED INSURERA: Sentinel Ins CO LTD PERSONAL aADVINJURY INSURER B: ROSEMEAD CHAMBER OF COMMERCE GENERAL AGGREGATE s 2,000, 000 3953 MUSCATEL AVE INSURER C: $ 2 ,.0 0 0 , 000 ROSEMEAD CA 91770 INSURER D: LIABILITY ANY AUTO _ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS -OWNED AUTOS INSURER E NSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IITB TYPE OF INSURANCE INSRWVD CITY � .ti � POLICY NUMBER MMIDD VVYV) POLICY UP (MMIDD YYVY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LX OCCUR IX General Liab X 72 SBA AJ4426 08/12 /2011 08/12/2012 _ EACH OCCURRENCE PREMISES IEa oceurreecel S l-, 000, 000 __ .EDEXP(Anyonepandn' S 10, 000 PERSONAL aADVINJURY 1,000,000 GENERAL AGGREGATE s 2,000, 000 LIMIT APPLIES PER: GENT AGGREGATE I T II POLICY a PRO 'i LOC EC PRODUCTS - COMP /OP AGG $ 2 ,.0 0 0 , 000 AUTOMOBILE LIABILITY ANY AUTO _ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS -OWNED AUTOS COMBINED SINGLE LIMIT IEa accident) $ - BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acciden0 $ HNON I S I IS UMBRELLA LIAB OCCUR EXCESS IIAB II CLAIMS MADE EACH OCCURRENCE $ AGGREGATE 5 I DEDUCTIBLE I RETENTION $ 5 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTN ER /EXECUTIVE — OFFICER /MEMBER EXCLUDED] a (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC STATU- OTH- TORY LIMITS ER EL EACH ACCIpENT 5 E.L. DISEASE - EA EMPLOYE 5 E.L. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Allacb ACORD 101, Additional Remarks Schedule, it more space is rearmred) Those usual to the Insured's Operations.Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. ®1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ;I.L" City of Rosemead, City Manager CITY � .ti � �SC,'�'�E T T� 'S OFFICE v`� I I CERTIFICATE HOLDER CANCELLATION - The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Rosemead, City Manager DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE PRESENTATIVE^ 8838 VALLEY BLVD ROSEMEAD, CA 91770 The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE 01TE109D2012 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER KCAL INSURANCE AGENCY /PHS 254915 P: (866)467 -8730 F: (877) 905 -0457 CONT PHONE AX IaC No E.n: (856)467 -8730 ac. NPI: (877)905 -045 PO BOX 33015 ADURESS: FKUUUUEK SAN ANTONIO TX 78265 CUSTOMERIDa: INSURERS' AFFORDING COVERAGE NAIC p S INSURED INSURERA: Hartford Underwriters Ins CO INSURER B: ROSEMEAD CHAMBER OF COMMERCE 3953 MUSCATEL AVE INSURER C: $ ROSEMEAD CA 91770 INSURER D: SUZ E N SURER E COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�1gR1 TYPE OF INSURANCE ADDLS IINSRIWVD City of Rosemead, City Manager POLICY NUMBER POLICY EFF �IMMIDDIYYYY) (MMIDDIYYYYI LIMITS /� GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR wL�r�y ET1 ,� ..f FIR c� /. F` R Y.. Ir�er: T'F; G� / �4 y� EACH OCCURRENCE S PREMISES IEa «curve «el S MED EXP (Anyone Person) S PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRO- POLICY LOC POLICY U PRODUCTS - COMP /OP AGG 5 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 'IN5 L `' �Y� Y CT E ': /! Y L j E1 FAY,_._- t- 112 ' 01 F'C COMBINED SINGLE LIMIT IEa accident) $ BODILY INJURY IPer mcrinl S BODILY INJURY (Per accident)) $ PROPERTY DAMAGE IPer eccidenil $ $ IS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE1 1 EACH OCCURRENCE $ AGGREGATE s DEDUCTIBLE RETENTION $ $ s A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR IPARTNERIEXECUTIVE''Y,NII 1Dilx,eeln, in NH)EXCLUDED? u If yes, describe under DESCRIPTION OF OPERATIONS below NIA 72 WEC JW3489 01/21/2012 01/21/2013 WC STATU- I OTH- X TORY LIMITS ER E. L. EACH ACCIDENT 1,000,000 E.L. DISEASE EA EMPLOYEE]S IS 1,000,000 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Those usual to the Insured's Operations.Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION 0 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE _ City of Rosemead, City Manager DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE flPRESENTATIVE^�j ` 8838 VALLEY BLVD ROSEMEAD, CA 91770x2- /� 0 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD July 1, 2011 Rosemead Chamber of Commerce Attn: Min Hsien Wang, Executive Director 3953 Muscatel Ave. Rosemead, CA 91770 Dear Mr. Wang: 0 Extension of Memorandum of Understanding Between the City of Rosemead and the Rosemead Chamber of Commerce This letter shall serve as our Agreement regarding the extension of the existing Memorandum of Understanding (MOU) set to expire on June 30, 2011. The MOU shall be extended on a month -to -month basis effective July 1, 2011 for a period not to exceed twelve (12) months. All of the existing terms, conditions and financial commitments will be maintained as set forth in the original MOU. CITY OF ROSEMEAD Approved by: Attest:. � �m (-A Gloria Molleda City Clerk ROSEMEAD CHAMBER OF COMMERCE Reviewed and Accepted by: Signature AJI&) l4siex) t,�A Name (J4f�EF EKce i7r1/F_ Title b— a�,3ol/ Date MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD CHAMBER OF COMMERCE PARTIES AND DATE. This Memorandum of Understanding (MOU) is made and entered into this 27th day of October 2009 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ( "City ") and Chamber of Commerce with its principal place of business at 3953 Muscatel Ave, Rosemead, CA 91770 ( "Chamber "). City and Chamber are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS. 2.1 Chamber. Chamber desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in Exhibits A and B. Chamber represents that it is experienced, has special knowledge, and facilties for promoting the City as an advantageous location for business, industrial, residential, and recreational activities to the business community, residents, potential residents, visitors, and students and is licensed in the State of California, and is familiar with the business and economic plans of City. 2.2 Project. City desires to engage Chamber to render such services for the Project as set forth in this MOU. 3. TERMS. 3.1 Scope of Services and Term. 3. 1.1 General Scope of Services. Chamber promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services of promoting Rosemead's economic and redevelopment programs and its advantages as a business, educational, cultural, recreational, industrial, and residential location and consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this MOU, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this MOU shall be from October 27, 2009 to June 30, 2011, unless earlier terminated as provided herein. Chamber shall complete the Rosemead Chamber of Commerce Page 2 Services within the term of this MOU, and shall meet any other established schedules and deadlines. By March 15f, 2010, prior to the development of the City's 2010 -2011 Fiscal Year budget, the Chamber shall submit a detailed work plan to the City to help evaluate and determine fees and payment for the 2010 -2011 Fiscal Year. 3.2 Responsibilities of Chamber. 3.2.1 Control and Payment of Subordinates; Professional Organization. The Services shall be performed by Chamber or under its supervision. Chamber will determine the means, methods and details of performing the Services subject to the requirements of this MOU. City retains the services of the Chamber as a professional organization and not as an employee. Chamber retains the right to perform similar or different services for others during the term of this MOU. Any additional personnel performing the Services under this MOU on behalf of Chamber shall also not be employees of City and shall at all times be under Chamber's exclusive direction and control. Chamber shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this MOU and as required by law. Chamber shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Chamber shall perform the Services expeditiously, within the term of this MOU, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Chamber represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Chamber's conformance with the Schedule, City shall respond to Chamber's submittals in a timely manner. Upon request of City, Chamber shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. 3.2.4 Substitution of Key Personnel. Chamber has represented to City that certain key personnel will perform and coordinate the Services under this MOU. Should one or more of such personnel become unavailable, Chamber may substitute other personnel of at least equal competence. The key personnel for performance of this MOU is Min Hsien Wang. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this MOU ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Chamber shall not accept direction or orders from any person other than the City's Representative or his or her designee. Rosemead Chamber of Commerce Page 3 3.2.6 Chamber's Representative. Chamber hereby designates Min Hsien Wang or his designee, to act as its representative for the performance of this MOU ( "Chamber's Representative "). Chamber's Representative shall have full authority to represent and act on behalf of the Chamber for all purposes under this MOU. The Chamber's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this MOU. 3.2.7 Coordination of Services. Chamber agrees to work closely with City staff in the performance of Services and shall be available to City's staff. Parties shall work collaboratively and be responsive to requests during regular business hours, within a reasonable amount of time. 3.2.8 Standard of Care; Performance of Employees. Chamber shall perform all Services under this MOU in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Chamber represents and maintains that it is skilled in the professional calling necessary to perform the Services. Chamber warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Chamber represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this MOU. As provided for in the indemnification provisions of this MOU, Chamber shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Chamber's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Chamber shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Chamber shall be liable for all violations of such laws and regulations in connection with Services. If the Chamber performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Chamber shall be solely responsible for all costs arising there from. Chamber shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this . MOU, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Rosemead Chamber of Commerce Page 4 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Chamber shall maintain prior to the beginning of and for the direction of this MOU insurance coverage as specified in Exhibit D attached to and part of this MOU. 3.2.11 Safety. Chamber shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Chamber shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Chamber shall receive compensation, including authorized reimbursements, for all Services rendered under this MOU and incorporated herein by reference. The total sum of the monthly payments shall not exceed $48,000 without advance written approval of the City Council. The compensation includes a credit of $3,000 for the attendance of City representatives at routine Chamber events such as: monthly Breakfast Connections, annual Planning Conference, Chamber Mixers, the State of the City, the Mayor's Breakfast, Chamber Lunar New Year Dinner, Installation Dinner or equivalent events, at no additional cost to the City. Should the total cost of City representatives to attend all Chamber events exceed $3,000, the Chamber shall bill the City for additional payment. The compensation includes the use of City equipment and staff, for the annual Health and Business Expo, or a similar event, at no additional charge, for in kind services with a value of up to $2,500. Chamber shall notify the City Manager or his designee of this request at least 30 days in advance. Any use of City equipment for events other than the Health and Business Expo that requires staff time will be charged based on the cost of the City to pay staff overtime. The Chamber may bring the waiver of such fees to the City Council for approval at least 45 days prior to the event to insure proper coordination. The compensation includes the use of the City Hall conference room on the first Tuesday of each month at 9 a.m. for the Chamber's Legislative Committee meeting. Rosemead Chamber of Commerce Page 5 Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this MOU. 3.3.2 Payment of Compensation. Payments shall be paid in installments and the Chamber shall submit to City a monthly invoice for Services rendered by Chamber. The payment schedule shall be: July $ 4,000 August $ 4,000 September $ 4,000 October $ 4,000 November $ 4,000 December $ 4,000 January $ 4,000 February $ 4,000 March $ 4,000 April $ 4,000 May $ 4,000 June $ 4,000 City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Chamber shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this MOU, City may request that Chamber perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this MOU. Chamber shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Political Activities Prohibited. Chamber further covenants and agrees not to engage in any partisan political activity whatsoever during the term of this MOU whether supported by City funds or otherwise. 3.3.6 Prevailing Wages. Chamber is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Chamber agrees to fully comply with such Prevailing Wage Laws. City shall provide Chamber with a copy of the prevailing rates of per diem wages in effect at the commencement of this MOU. Chamber shall make Rosemead Chamber of Commerce Page 6 copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Chamber's principal place of business and at the project site. Chamber shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Chamber shall maintain complete and accurate records with respect to all costs and expenses incurred under this MOU. All such records shall be clearly identifiable. Chamber shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this MOU. Chamber shall allow inspection of all work, data, documents, proceedings, and activities related to the MOU for a period of three (3) years from the date of final payment under this MOU. 3.5 General Provisions. 3.5.1 Termination of MOU. 3.5.1.1 Grounds for Termination. Either party may, by written notice to the respective party, terminate the whole or any part of this MOU at any time and without cause by giving written notice of such termination, and specifying the effective date thereof, at least one hundred eighty (180) days before the effective date of such termination. Upon termination, Chamber shall be compensated only for those services which have been adequately rendered to City, and Chamber shall be entitled to no further compensation. 3.5.1.2 Effect of Termination. If this MOU is terminated as provided herein, City may require Chamber to provide all finished or unfinished Documents and Data and other information of any kind prepared by Chamber in connection with the performance of Services under this MOU. Chamber shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this MOU is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this MOU shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CHAMBER: Rosemead Chamber of Commerce 3953 Muscatel Ave. Rosemead, CA 91770 Rosemead Chamber of Commerce Page 7 CITY: Attn: Min Hsien Wang, Executive Director City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Jeff Allred, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Chamber in connection with the performance of this MOU shall be held confidential by Chamber. Such materials shall not, without the prior written consent of City, be used by Chamber for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Chamber which is otherwise known to Chamber or is generally known, or has become known, to the related industry shall be deemed confidential. Chamber shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this MOU. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this MOU, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Chamber shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Chamber, its officials, officers, employees, agents, Chambers and contractors arising out of or in connection with the performance of the Services, the Project or this MOU, including without limitation the payment of all consequential damages and attorneys fees and other related costs and Rosemead Chamber of Commerce Page 8 expenses. Chamber shall defend, at Chamber's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Chamber shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Chamber shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Chamber's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. The City shall indemnify, defend and hold the Chamber and its appointed officials, employees and agents free and harmless from any and all actions, claims, liabilities or damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the City's or its elected officials', officers', employees', or agents' participation in Chamber service covered under this MOU as well as performance or breach of this MOU, excepting such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the negligence or willful misconduct of the Chamber or its elected or appointed officials, officers, employees or agents. 3.5.7 Entire MOU. This MOU contains the entire MOU of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or MOUs. This MOU may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This MOU shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this MOU. 3.5.10 Successors and Assigns. This MOU shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Chamber shall not assign, hypothecate, or transfer, either directly or by operation of law, this MOU or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this MOU, the language of this MOU shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Chamber include all personnel, employees, agents, and subcontractors of Chamber, except as otherwise specified in this MOU. All references Rosemead Chamber of Commerce Page 9 to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this MOU. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this MOU. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this MOU shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this MOU is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Chamber maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Chamber, to solicit or secure this MOU. Further, Chamber warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Chamber, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this MOU. Chamber further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this MOU without liability. For the term of this MOU, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this MOU, or obtain any present or anticipated material benefit arising there from. 3.5.18 Equal Opportunity Employment. Chamber represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Chamber shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Chamber certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake Rosemead Chamber of Commerce Page 10 self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20Authority to Enter MOU. Chamber has all requisite power and authority to conduct its business and to execute, deliver, and perform the MOU. Each Party warrants that the individuals who have signed this MOU have the legal power, right, and authority to make this MOU and bind each respective Party. 3.5.21 Counterparts. This MOU may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Chamber shall not subcontract any portion of the work required by this MOU, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this MOU. Rosemead Chamber of Commerce Page 11 CITY OF ROSEMEAD By:a^� Mayor Attest: Gloria Molleda City Clerk - Approved as to Form: Burke, Williams, & Sorensen, LLP az_� City Attorney 02/08 DocumenQ Rosemead Chamber of Commerce By: Name: 111AIIV 4sivoi Title: Fa(VCA4T(VG I i W—C k Name: RACHEL RICHMAN Title: CITY ATTORNEY a L. EXHIBIT A SCOPE OF SERVICES 1. Serve as a Visitor's and Information Center. 2. Welcome new businesses in the City of Rosemead. 3. The Chamber is responsible for keeping members informed and updated on issues that affect the business community. 4. Provide members with forums for the discussion of issues affecting the business community. 5. Manage, update, and maintain the Chamber's website. 6. Coordinate and implement an annual "Corporate Citizenship" award. 7. Conduct educational workshops or seminars to help local businesses. 8. Coordinate the Business Caravan by scheduling monthly visits on the second Thursday of each month to member arid non - member businesses. The Business Caravan shall include a representative from the: Chamber of Commerce, City Council, City Manager's Office, and Community Development Department. The representatives shall visit up to three different businesses during each trip to speak with the business owner or appropriate representative to communicate the Chamber and the City's appreciation for choosing Rosemead as their place of business. The Chamber shall call businesses at least one week prior to the visit to set up the meet and greet with the business. 9. Develop and implement a plan to help market/promote City businesses to residents in the City and surrounding communities, and promote the City as an advantageous location for industry and business. The plan shall include goals and an action plan. 10. Develop and implement an annual membership recruitment drive orprogram to help attract new members. 11. Develop and implement a Military Banner program that shall be sponsored by local business, families, and community members through the purchase /sponsorship of banners. 12. Create and implement a plan for business outreach to the Asian and Hispanic business communities. 13. To ensure that the board has a broad representation of the business community, the board shall consist of a variety of businesses. FIN 14. Continue to conduct periodic surveys of the business community for their suggestions, recommendations and requests. This will enable the Chamber to determine the types of services and programs that will benefit member businesses and potential members and increase business participation in Chamber events. 15.Operate a Chamber of Commerce information booth at City events, when appropriate, such as Oktoberfest, 4'h of July, Concerts in the Park, and other large City events that have the potential to draw hundreds of people. In addition to Chamber of Commerce information, the booth shall include information about member businesses such as coupons, flyers, menus or other promotional materials that will help promote member businesses to the community. The booth will be provided at no cost, unless a health permit is required by the Los Angeles County Department of Public Health. 16. Provide a quarterly report to the City Council that includes a financial summary, new members recruited, members who have not renewed, recruitment efforts, number of visitors to the Chamber office for information, phone calls that are of significance from the community, and activities to promote the City as an advantageous location for business, industry, residence, and recreation. EXHIBIT B SCHEDULE OF SERVICES By February 2010, the Chamber shall develop, in conjunction with the City, the procedures and criteria for "Corporate Citizenship" for outstanding local business. 2. By July 2010, the Chamber of Commerce shall develop a marketing plan to encourage residents and surrounding communities to patronize Rosemead businesses. Implementation shall begin immediately upon plan approval by the Chamber board and the City. The plan shall be review and updated annually to ensure that it continues to be a relevant document. By January 2010, the Chamber of Commerce shall develop a recruitment plan (to increase membership); with implementation to begin during the 2010 -2011 Fiscal Year. The plan shall include an Asian and Hispanic business outreach strategy. The plan will be reviewed and revised for implementation each subsequent fiscal year. 4. By February 2010, the Chamber of Commerce shall develop the military banner program and policies in order for the program to be promoted and implemented so that banners are displayed by Veteran's Day 2010. 5. Effective immediately, the Chamber will coordinate the monthly Business Caravan, which shall take place on the 4t" Thursday of each month. 6. At the end of each quarter, the Chamber of Commerce shall provide the provide the City Council with a quarterly report of financial, outreach, recruitment, training, and development activities. FI-W EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Chamber will maintain insurance in conformance with the requirements set forth below. Chamber will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Chamber agrees to amend, supplement or endorse the existing coverage to do so. Chamber acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this MOU and which is applicable to a given loss, will be available to City. Chamber shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Chamber, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Chamber. Chamber and City agree to the following with respect to insurance provided by Chamber: 1. Chamber agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and C -1 agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Chamber also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this MOU shall prohibit Chamber, or Chamber's employees, or agents, from waiving the right of subrogation prior to a loss. Chamber agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this MOU are intended to apply to the full extent of the policies. Nothing contained in this MOU or any other MOU relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage 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. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Chamber shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Chamber's general liability policy, shall be delivered to City at or prior to the execution of this MOU. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other MOU and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Chamber or deducted from sums due Chamber, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Chamber agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this MOU that all insurance coverage required to be provided by Chamber or any subcontractor, is intended to apply first and on a C -2 primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Chamber agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Chamber, provide the same minimum insurance coverage required of Chamber. Chamber 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. Chamber agrees that upon request, all MOUs with subcontractors and others engaged in the project will be submitted to City for review. 11.Chamber agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this MOU to self- insure its obligations to City. If Chamber's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Chamber, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. 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 Chamber ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Chamber, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this MOU will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this MOU. 14. Chamber acknowledges and agrees that any actual or alleged failure on the part of City to inform Chamber of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Chamber will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this MOU. This obligation applies whether or not the MOU is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Chamber shall provide proof that policies of insurance required herein expiring during the term of this MOU have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Chamber's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the C -3 renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Chamber under this MOU. Chamber expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this MOU and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this MOU to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Chamber agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Chamberfor the cost of additional insurance coverage required by this MOU. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Chamber agrees to provide immediate notice to City of any claim or loss against Chamber arising out of the work performed under this MOU. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C -4 0 AGREEMENT This agreement made the first day of Jt Rosemead, California, a Municipal corl "City" and the Rosemead Chamber of Rosemead, a non- profit corporation, her WITNESSETH: Whereas, City is desirous of promo business, 'industrial and residential information relative thereto, and of pr made from time to time relative to the possibilities as a residential, industr Whereas, Chamber, a non- profit corporal of Rosemead, has special knowledge, cx &/)ulY, 0 L:L disseminating information,, and is organizea ror and equipped to carry on promotional activities on behalf of City and to piblicize and exploit its advantages; and Whereas, City has no organized means for conducting such activities; and Whereas, such activities are recognized by law as being in the public interest and serving a public purpose, and being the City Council has duly authorized execution of this Contract in. order to serve such public purpose; Now, therefore, the parties agree as follows: 1. That Chamber will and does hereby agree to undertake and carry on such promotional and advertising activities on behalf of the City of Rosemead as the City Council may require and in particular to render the following services: a. To maintain suitable quarters and employ competent personnel to properly carry on the advertising and promotional activities herein enumerated. b. To promptly answer all correspondence relative to the business, .industrial and residential advantages and opportunities in the City of Rosemead, and to disseminate information by correspondence, newspaper publicity and personal contacts favorably advertising such advantages and opportunities. C.. To prepare articles and news stories, compile data, gather and assemble news items, photographs, literature, scientific and historical articles descri_otive of the City's advantages, benefits and resources and to develop proper surveys whereby outside interests and individual.; may be induced to locate in said City. 0 0 AGREEMENT This agreement made the first day of July each year by the City of Rosemead, California, a Municipal corporation, hereinafter termed "City" and the Rosemead Chamber of Commerce of the City of Rosemead, a non - profit corporation, hereinafter termed "Chamber ". WITNESSETH: Whereas, City is desirous of promoting its advantages as a business, "industrial and residential center, of disseminating information relative thereto, and of properly responding to queries made from time to time relative to the City and its advantages and possibilities as a residential, industrial and business area; and Whereas, Chamber, a non - profit corporation located within the City of Rosemead, has special knowledge, experience and facilities for disseminating information, and is organized for and equipped to carry on promotional activities on behalf of City and to publicize and exploit its advantages; and Whereas, City has no organized means for conducting such activities; and Whereas, such activities are recognized by law as being in the public interest and serving a public purpose, and being the City Council has duly authorized execution of this Contract in order to serve such public purpose; Now, therefore, the parties agree as follows: 1. That Chamber will and does hereby agree to undertake and carry on such promotional and advertising activities on behalf of the City of Rosemead as the City Council may require and in particular to render the following services: a. To maintain suitable quarters and employ competent personnel to properly carry on the advertising and promotional activities herein enumerated. b. To promptly answer all correspondence relative to the business, industrial and residential advantages and opportunities in the City of Rosemead, and to disseminate information by correspondence, newspaper publicity and personal contacts favorably advertising such advantages and opportunities. C. To prepare articles and news stories, compile data, gather and assemble news items, photographs, literature, scientific and historical articles descriptive of the City's advantages, benefits and resources and to develop proper surveys whereby outside interests and individual„ may be induced to locate in said City. City contract - page 2 d. To aid in promoting home- building programs the development and use of unoccupied and vacant properties, and revitalization of the City. e. To seek out, solicit and interview business'and industrial executives with the view of urging the establishment of their business activities in said City. £. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in said City. g. To study the needs of the community as to public improvements of every character and to prepare data, attend conferences and by every proper method aid in securing information for use in the Chamber's duties hereunder. h. To disseminate information relative to the benefits of the City within areas considering annexation to City, i. Such other advertising and promotional services as may from time to time be in the public interest in the City of Rosemead. 2. That in consideration for' services to be performed by the Chamber for the City, as set forth in Paragraph 1 hereof, the City hereby agrees to pay certain sums of money toward the maintenance of said Chamber and the above mentioned activities of the Chamber as determined each year by the City Council. 3. That in the event City shall desire any additional service Chamber shall, upon request of said City, furnish an itemized statement of the estimated cost thereof, and City may modify or alter any such plan or proposal in any particular, or may reject said plan in its entirety or may request the submission of a new plan or proposal which may be accepted, altered or rejected. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the Chamber showing the basis of said claims and certified by proper officers of Chamber and a minute record of the Board of directors of said Chamber. 4. -This Contract shall, unless sooner terminated, expire on June 30th of each year. City may terminate this agreement on thirty days notice, if it becomes dissatisfied with Chamber's Services. i • City Contract page 3 5. Chamber shall promptly furnish City with a monthly report of its activities and a certified copy of its monthly, quarterly and annual operating statements, together with an annual statement before being entitled to receive any further monies hereunder. In Witness Whereof, City has caused its corporate name to be hereunto affirmed by its Mayor and City clerk, thereto duly authorized, and Chamber has caused its name to be hereunto affixed by its President and Secretary, thereto duly authorized the day and year this agreement first above written. Attest: City of Rosemead, a Municipal Corporation City clerk Mayor Rosemead Chamber of Commerce a Non - Profit Corporation Secretary President I ACORD. CERTIR E OF, LIABILITY INSUR CE OF ID RB ROSEM -1 DATE( MMIDDNYYY) 04/04/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bichlmeier Insurance Services 730 S. Pacific Coast Hwy 201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY Redondo Beach CA 90277 Phone:310- 376 -8852 Fax:310 -540 -2215 INSURERS AFFORDING COVERAGE NAIL# INSURED - - - INSURER A: Maryland Casualty Company 19356 INSURER B: PPSO41245268 - - - IN URERQ _ Rosemead Chamber of Commerce 3953 N Muscatel Ave Rosemead CA 917701 INSURER D: D!AIS MADE OCCUR F—INSURER S rTtVPRAr PR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR'A POLICY EFFECTIVEIDDIYY DA7POLICY EX1HTION LTR NSRO TYPE OF INSURANCE POLICY NUMBER DATE MMTE MMIDD1AIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000000 A $ }( COMMERMALGENERALLIABILITV PPSO41245268 09/27/06 09/27/07 AMA-GETO'RENTED PREMISES (Ed occurence) S 1000000 MED ECP(A., c-.. parwn; 510000 D!AIS MADE OCCUR PERSONAL& ADV INJURY S1000000 GENERAL AGGREGATE s2000000 GEN 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2000000 XG POLICY n JECT I LOG AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident S BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS -' - - -- - BODILY INJURY (Per accident) S fHIRED AUTOS.- - - :. i f NON OWNED AUTOS' • -_. .._ - - PROPERTY DAMAGE (Per accident) S I GARAGE LIABILITY - - - AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC 5 ANY AUTO S AUTO ONLY: AGG EXC ESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR n CLAIMS MADE AGGREGATE S $ — S DEDUCTIBLE - $ RETENTION S WORKERS COMPENSATION AND TORY LIMITS ER L MIT 1JL eT. EACH S EMPLOYERS' LIABILITY _ ANY PROPRIETORIPARTNEWEXECUHIVE E.L. DISEASE - EA EMPLOYE S OFFICEW'MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is named additional insured as respects the operations of the named insured for Bar -B -Q Event 4/28/07. *10 day notice of cancellation for non payment of premium. UI I o- IGAIt ROSEMEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Rosemead I IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 8838 East Valley Blvd REPRESENTATIVES. Rosemead CA 91770 AUT�IZED REP/11 SENW.11%, f © ACORD CORPORATION 1938 9 ACORO. CERTIFICAT F LIABILITY._LNSURAN OP ID ,;: ROSEM -1 DATE(MMIDDIYYYY) 11/17/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bichlmeier Insurance Services 730 S. Pacific Coast Hwy 201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY Redondo Beach CA 90277. Phone:310- 376 -8852 Fax:310 -540 -2215 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Maryland Casualty Company 19356 INSURER B: PPS091245268 09/27/06 INSURER C: AMA GF E PREMISES(Ea occurence) Rosemead Chamber of Commerce INSURER D: $10000 3953 N Muscatel Ave Rosemead CA 91770 CLAIMS MADE TOCCUR INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRD TYPE OF INSURANCE POLICY NUMBER ppTEYMMIDDIYYVE7PDA EV (EX LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000000 A X X COMMERCIAL GENERAL LIABILITY PPS091245268 09/27/06 09/27/07 AMA GF E PREMISES(Ea occurence) 51000000 MED EXP(Any one person) $10000 CLAIMS MADE TOCCUR PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE S2000000 DEVIL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO $2000000 X POLICY P JECT RO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S , HIRED AUTOS NON -OWNED AUTOS _ _ PROPERTY DAMAGE (Per accident) $ - _ GE LIABILITY - AUTORNLY -EA ACCIDENT S r EA ACC $ AUTO ANY AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE I S AGGREGATE $ OCCUR CLAIMS MADE I S S DEDUCTIBLE - _ S RETENTION S I WORKERS COMPENSATION AND TORY LIMITS ER EL EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE ' OFRCiE uc .. c %CL'JCecv S yes, AL PR describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIOMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named additional insured as respect to the operations of the named insured. *10 day notice of cancellation for non payment of premium. CFRTIFICATF HEM DFR CANCELLATION City of Rosemead 8838 East Valley Blvd Rosemead CA 91770 Arnon x nnnimla ROSEMEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. F/ AGREEMENT • AN AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ROSEMEAD CHAMBER OF COMMERCE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, made and entered into by and between the City of Rosemead, a municipal corporation of the State of California, hereinafter "CITY ", and Rosemead Chamber of Commerce Hereinafter referred to as " SUBRECIPIENT" RECITALS 1. ' CITY is recipient of funds from the United States Department of Housing and Urban Development (hereinafter "HUD ") pursuant to Title I of the Housing and Community Development Act of 1974 (41 U.S.C. 5301 -5320) as amended (hereinafter "ACT "). 2. City has approved the provision of federal funds under the act to be used by the SUBRECIPIENT as provided in its "Statement of Work ", attached hereto as Exhibit "A" and incorporated herein by reference: 3. SUBRECIPIENT represents that it shall perform the work as set forth in the Statement of work. 4. SUBRECIPIENT warrants that it has the expertise and experience to perform the work set forth in the Statement of Work. 5. SUBRECIPIENT represents that it shall perform the work as outlined in the statement of work pursuant to the 'Budget" attached hereto as part of Exhibit "A" and incorporated herein by reference. 1 0 0 6. CITY shall provide Community Development Block Grant "CDBG" funds to the SUBRECIPIENT in the amount of $10,000.00, and pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the foregoing recitals and based on the mutual covenants below, the parties hereby agree as follows: A. SUBRECIPIENT'S OBLIGATIONS TIME OF PERFORMANCE Said services of the SUBRECIPIENT are to commence not sooner than date of agreement indicated in Exhibit "A" and shall be completed no later than June 30, 2003. 1. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by the CITY to SUBRECIPIENT pursuant to the provisions of this Agreement, the Statement of Work, and Budget for said program. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT under Budget Section of Exhibit A hereof. SUBRECIPIENT agrees to use said funds to pay for necessary and reasonable costs to operate said program. Said amount shall include wages, administrative costs, employee benefits comparable to other similarly situated employees, and other allowable program costs as detailed in the Budget. 2. STATEMENT OF WORK. SUBRECIPIENT represents that the Statement of work includes an accurate schedule for performance and completion of the work. These items shall be in sufficient detail to provide a sound basis for the City to effectively monitor performance under the 2 Agreement. 3. Budget. 0 SUBRECIPIENT represents that the Budget includes a complete and accurate analysis of costs applicable to CDBG funds pursuant to 24 C.F.R. 502, which includes requirements for compliance with the following in addition to other requirements: a. If SUBRECIPIENT is a governmental entity, Office of Management and Budget ( "OMB') Circular Nos. A -87, A -128 (24 C.F.R. PART 44), and with certain sections of 24 C.F.R. Part 85; or b. If SUBRECIPIENT is.not a governmental entity, OMB Circular No. A -133, "Audit of Institutions of Higher Education & Other Non - Profit Institutions ", as applicable, and certain Attachments to OMB Circular No. A -133. These items shall be in sufficient detail to provide a sound basis for the City to effectively monitor performance under the Agreement. c. No costs incurred which exceed approved cost categories are eligible for reimbursement. Further, no cost shall be incurred or expended prior to full execution of this contract. 4. ' Records and Reports. The SUBRECIPIENT shall maintain the following records and reports to assist the City in Maintaining its record keeping requirements: a. Records: (1) Documentation of the income level of persons and /or families participating in or benefitting by the SUBRECIPIENT'S program. W (2) Documentation of the number of persons and /or families participating in or benefitting by the SUBRECIPIENT'S program. (3) Documentation of all CDBG funds received from CITY. (4) Documentation of expenses as identified in the Budget. SUBRECIPIENT must establish and maintain, on a current basis, an adequate accounting system in accordance with generally accepted accounting principles and standards and OMB Circular A -87. All expenditures must be documented by receipts, invoices, canceled checks, inventory records, or other appropriate documentation for non - personnel cost, and time records for personnel costs, which completely discloses the amount and nature of the expenditures. (5) Any such other related records as CITY shall require. b. Reports: (1) Payment Request (2) Performance Report SUBRECIPIENT shall submit to the CITY every three (3) months, or as otherwise agreed, quarterly reports, which shall be a statement describing the steps and approaches taken to meet the specified goal of exhibit "A ". This report shall include a project activity statement and shall include any program income, any joint funding, and nonexpendable and expendable personal property purchased or leased with CDBG finds. These reports must trace the Community Development Block Grant Funds award rd 0 0 to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable law. (3) Final Evaluation Report SUBRECIPIENT shall annually make available for inspection its performance, financial and all other records pertaining to performance of this contract to authorized City and HUD personnel and allow said personnel to inspect and monitor its facilities and program operations, including the interview of Operating Agency staff and program participants as required by the CITY. The Subrecipient agrees to submit all data that are necessary to complete the Annual Performance Report in accordance with HUD requirements and no later than fifteen (15) days prior to the expiration of this Contract. (4) Any such other reports as the CITY shall require. 5. Program Income. Transfers of grant funds by the City to the SUBRECIPIENT shall be adjusted according to the principles described in 24 C.F.R. 507.504 (b)(2)(i) and (ii). Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall be paid to the City as required by Section A -15 of this Agreement and 24 C.F.R. 507.503(b). 6. Uniform Administrative Requirements. The SUBRECIPIENT shall comply with applicable uniform administrative requirements as described in 24 C.F.R. 570.502. W 4 7. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained separate and apart from any other funds of SUBRECIPIENT or of any principal or member SUBRECIPIENT in an account in a federally insured banking or savings and loan institution. No monies shall be withdrawn from such account except for expenditures authorized by this Agreement. 8. Retention of Records. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this agreement shall be kept available at SUBRECIPIENT'S office or place of business for the duration of the agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the three (3) years until resolution or disposition of such appeals, litigation claims, or exceptions. 9. ' Compliance with Applicable Laws. SUBRECIPIENT agrees to comply fully with all applicable Federal, State and local laws, ordinances, regulations, and permits, including but not limited to federal CDBG financial and contractual procedures, and OMB Circular Nos. A -87, A -133, and A -110 with Attachments A,B,C,F,H,N,and O, as set forth in 24 t;.F.R. 570.502(b). Said Federal documents are on file in the City of Rosemead Finance A Department, 8838 E. Valley Blvd., Rosemead, California 91770, and are incorporated herein by reference. The SUBRECIPIENT shall secure any new permits required by authorities herein with jurisdiction over the project, and shall maintain all presently required permits. The SUBRECIPIENT shall ensure that the requirements of the California Environmental Quality Act are met for any permits or other entitlements required to carry out the terms of this Agreement. POLITICAL ACTIVITIES The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities as defined in C.F.R 570.207 (a)(3), lobbying, political patronage, and nepotism activities. 10. Affirmative Action Policy. a. Provisions of program Services. (A) SUBRECIPIENT shall not on the ground of race, color, national origin or sex, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. (B) SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, or sex: (a) Deny any facilities, services, financial aid or other benefits provided by the program or activity. (b) Provide any facilities, services, financial aid or other benefits which are different or are provided in a different form from that provided to others 7 under the program or activity. (c) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity. (d) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services. financial aid or other benefits under the program or activity. (e) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services or other benefit provided under the program or activity. (f) Deny an opportunity to participate in a program or activity as an employee. (C) SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color,'national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, color, national origin, or sex. (D) SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selecti9ns of such site or location which have the effect of excluding individuals from, denying them 0 • C` the benefits of, or subjecting them to, discrimination on the ground of race, color, t national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. (E)(a) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin or sex, the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. (b) Even in the absence of such prior discrimination, a SUBRECIPIENT in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin or sex. Where previous discriminatory practice or usage tends on the ground of race, color, national origin, or sex to.exclude individuals from participation in, to deny them the ' benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. 9 (c) A SUBRECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in service or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. (F) Notwithstanding anything to the contrary in Sections A.10.a.(1) -(5), nothing - contained herein shall be construed to prohibit any SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed by a member of the same sex as the recipients of the services. b. Employment Discrimination (A) SUBRECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, familial status or handicap. SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, ' without regard to their race, color, religion, sex, national origin, age, familial status or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices 10 • • setting forth the provisions of this non - discrimination clause. (B) SUBRECIPIENT. shall, in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, familial status or handicap. (C) SUBRECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by CITY'S contracting officers advising the labor union or workers' representative of SUBRECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous place available to employees and applicants for employment. (D) SUBRECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (E) SUBRECIPIENT shall furnish to the CITY all information and reports ' required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. (F) In the event of SUBRECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, CITY may cancel, terminate, or suspend in whole or in part it§ performance and SUBRECIPIENT may be declared ineligible for further Government contracts in 11 accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the secretary of Labor, or as otherwise provided by law. (G) SUBRECIPIENT shall include the provisions of Section A. 10. , "Affirmative Action Policy ", Paragraphs (1) through (6) in every sub - contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub - contractor or vendor. SUBRECIPIENT shall take action with respect to any sub - contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non - compliance: Provided, however, that in the event SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub - contractor or vender as a result of such direction by the CITY, SUBRECIPIENT may request the United States to enter into such litigation to protect the interest of the United States. (H) SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (I) SUBRECIPIENT shall also provide ready access to and use of all CDBG fund 12 0 assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and with the requirements of the Americans with Disabilities Act (ADA). c. Remedies. In the event of SUBRECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law 11. Section 3 Clause. A. The work to be performed under this contract may be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1702u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very-low income persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by the execution of this contract, the parties to this contract certify that tjtey are under no contractual or other constraint that would prevent them from complying with 13 • • the Part 135 regulations. C. The subrecipient agrees to send to each labor organization or representative ' of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the subrecipient's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The subrecipient agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 CFR Part 135. The subrecipient will not subcontract with any subcontractor where the subrecipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the,�ubrecipient is selected but before the contract is executed, and (2) with persons other than 14 those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not to circumvent the subrecipient's obligations under 24 CFR Part 135. F. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. 12. Ineligibility of Subrecipients or Contractors SUBRECIPIENT shall not use CDBG funds directly or indirectly in its operations or to employ, award contracts to, otherwise engage the services of, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status of the SUBRECIPIENT or such contractor under the provisions of 24 C.F.R. Part 24. 13. Conflict of Interest. In the procurement of supplies, equipment, construction, and services by SUBRECIPIENT, the conflict of interest provisions in Attachment O of OMB Circular No. A -110 and 24 C.F.R. 570.611 shall apply. 14. Condition for Religious Organization. SUBR'ECIPIENT shall comply with all applicable conditions prescribed by HUD for the use of CDBG funds by religious organizations if SUBRECIPIENT is a religious organization. 15. Suspension and Termination. In accordance with 24 C.F.R. 85.43, suspension or termination may occur if SUBRECIPIENT materially fails to comply with any term of this Agreement and /or the 15 0 award, and this Agreement and /or the award may be terminated for convenience in accordance with 24 C.F.R. 85.44. 16. Reversion of Assets. Upon the termination or expiration of the term of this Agreement, the SUBRECIPIENT shall transfer to the CITY any CDBG funds at the time of such termination or expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the SUBRECIPIENT'S control that was acquired or improved in whole or in part with CDBG funds in excess of twenty five thousand dollars ($25,000.00) shall either be: (a) Used to meet one of the national objectives stated in 24 C.F.R. 570.901 until five (5) years after termination or expiration of this Agreement, or for such longer period of time as determined to be appropriate by the CITY; or (b) Disposed of in a manner that results in the CITY'S being.reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement to the CITY shall not be required after the period of time specified in Section A.15.(a) of this Agreement. 17. Nonexpendable Property_ Nonexpendable property means tangible personal property having a useful life of more than (1) year and an acquisition cost of $300 or more per unit. 18. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an employee or agent of the 16 0 CITY. 19. Licensing. SUBRECIPIENT agrees to obtain and maintain all licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENTS funded hereunder. 20. Inspection of Records. CITY and the United States Government and /or their representatives shall have access for purpose of monitoring, auditing, and examining SUBRECIPIENT'S activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT'S sub - contractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and /or their representative shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activity funded hereunder are conducted or in which any of the records of SUBR'ECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in Federal or State law. In the event SUBRECIPIENT does not make the above - referenced documents available within the City of Rosemead, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at tDe location where said records and books of account are maintained. 17 21. Assignability. SUBRECIPIENT shall not assign or transfer any interest in this Agreement, whether by assignment, delegation or novation, without the prior written consent of CITY; provided, however, that claims for money due or to become due to SUBRECIPIENT from CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation or novation other than that as provided above shall be void and inoperative. Notice of any proper assignment or transfer shall be promptly furnished to CITY. 22. Hold Harmless. a. SUBRECIPIENT shall indemnify and save harmless CITY, its officers and employees, from and against any and all damages to property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers and employees, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, ' errors or omissions of SUBRECIPIENT , its employees or sub - contractors. b. SUBRECIPIENT shall indemnify and save harmless CITY, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property, and employees or agents of CITY and shall defend, indemnify and save harmless CITY, its officers and employees, from and against any and all claims, demands, suits, actions or proceedings therefrom, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. 23. Insurance. a. SUBRECIPIENT shall furnish the City Clerk and the Finance Department at, 8838 East Valley Boulevard, Rosemead, CA 91770, insurance certificates from its workers' compensation insurance carrier certifying that it carries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to CITY at the address specified in Section C.2 herein. b. SUBRECIPIENT shall obtain, at its sole cost, a comprehensive general liability insurance policy insuring against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of SUBRECIPIENT , its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damages in not less than the following minimum amounts: Five Hundred Thousand dollars ($500;000.00) combined single limit, or its equivalent. Said policy shall ?. also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days notice thereof has been given in writing to CITY at the address specified in Section C.2. herein SUBRECIPIENT shall file with the City Clerk prior to exercising any right or performing any obligation pursuant to this Agreement, and mai4tain for the period covered by this Agreement, a policy or policies of general liability insurance, or 19 certificate of such insurance, satisfactory to the City Attorney expressly naming the City of Rosemead, 8838 East Valley Boulevard, Rosemead, California, as ; additional insured. c. SUBRECIPIENT shall give CITY prompt and timely notice of any claim made or suit instituted. SUBRECIPIENT shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance, which, in its own judgement, may be necessary for its proper protection in the prosecution of the work. B. CITY OBLIGATIONS CONTRACT ADMINISTRATION The City Manager or designee shall have full authority to act for the City in the administration of this Contract, consistent with the provisions contained herein. 1. Payment of Funds. CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD under the Act for the Fiscal Year indicated in Exhibit "A" for allowable costs (as defined by OMB Circular A -133 Audit of Institutions of Higher Education & Other Non - Profit Institutions) actually incurred for the express purposes specified in Exhibit "A ", amounts expended by SUBRECIPIENT in carrying out said program pursuant to this Agreement up to a maximum aggregate payment of ($10,000.00) in installments determined by CITY. The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of said funds by the City from HUD, and shall not be charged on any other funds of the City,Payment shall be made to SUBRECIPIENT through the submission of periodic invoices, in a form 20 prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof, provided CITY is satisfied that such expenses have been incurred within the scope of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. 2. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT pursuant to Section A.8 of this Agreement in CITY'S annual audit of all CDBG funds to Federal regulations found in title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. MISCELLANEOUS ,PROVISIONS: 1.. Termination of Agreement. CITY or SUBRECIPIENT may terminate this Agreement by giving written notice to the other party thirty (30) days prior to effective date of termination. Additionally, the CITY shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of any invoice for failure of the SUBRECIPIENT to comply with program requirements, Subrecipient shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice.. If the CITY finds that the SUBRECIPIENT has violated the terms and conditions of this Agreement, the SUBRECIPIENT may be required to: (a) repay all monies received from the CITY under this Agreement; and /or (b) transfer possession of all materials and equipment purchases with grant money to the CITY. In the case of early termination, a final payment may be made to the SUBRECIPIENT 21 0 0 upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. All notices to the parties concerning this agreement shall be in writing and shall be sent by certified mail, addressed as follows: TO CITY: City of Rosemead Community Development Department 8838 E. Valley Boulevard Rosemead, California, 91770 TO SUBRECIPIENT: Rosemead Chamber of Commerce 3953 Muscatel Avenue Rosemead, CA 91770 3. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the services of SUBRECIPIENT and provision . , of CDBG funds by CITY and contains all the covenants and agreements between the parties with respect to the conditions of said services and funding in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein; and that no other agreement or amendment hereto shall be effective unless executed in writing and 22 signed by both CITY and SUBRECIPIENT. 4. Laws Governine This Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, all applicable federal statutes and regulations as amended, and all ' applicable local laws. 5. Severability. The invalidity in whole or in part of any provision of this agreement shall not void or affect the validity of any other provisions of this Agreement. 6. Construction of Agreement. The provisions of this Agreement and its Exhibits shall be construed as a whole. The captions preceding the text of each section are included only for convenience of reference and shall be disregarded in the construction and interpretation of this agreement. IN WITNESS WHEREOF, CITY and SUBRECIPIENT have caused this Agreement to be executed by their duly authorized representatives. This contract is effective as of July 1, 2002. City Clerk 23 SUBRECIPIENT by lJ�< i/ /✓�l! Executive Director • • EXHIBIT "A" a W N m o m a- •' G M 3 w (D fD O 7 G a rt o r Fl rt Cn H- O G n n rt C o a ? = F-� (D n (D 'a a fn m m, n rt o ^H m h r r' x n o lD CD �. i m a rt c d o n m a co -7 CD n y n � I C D o � ' G1 m D O m 0 z C) -+ Cl) D D r 0 0 Rosemead Chamber of Commerce Attachment A The Rosemead Chamber of Commerce is a voluntary organization of business and professional people dedicated to the economic well -being of their community. We will be celebrating 75 years of service to the community in 2002. We serve as an information center for all businesses and residents of Rosemead. We identify problems and issues that impact businesses and residents and provide the leadership to solve these problems. Our primary goal is assist businesses. 3 Attachment B The intent of the Rosemead Chamber of Commerce is to assist new and prospective businesses with additional information and counseling to understand and meet the requirements and necessary information needed for permits, licenses, and other required approvals and authorizations efficiently and expeditiously. In conjunction with the City of Rosemead and other licensing and governmental agencies, the Rosemead Chamber of Commerce and Information Center would facilitate the awareness, communication, and dissemination of information to new and prospective businesses hopefully even before they purchase property or sign a lease or long term. agreement. Information would be distributed through workshops, panel discussions and open meetings to accomplish'this. Promotion and publicity as well as correspondence to the Rosemead business community would also help achieve success in reaching the right audience. This communication effort would support and provide a valuable service to the many potential small businesses that employ numerous low and moderate income persons. Publicity and promotions will be developed to direct individuals as to how and where to call for information, and assistance in filling out required applications and forms. This would not .only assist City staff, but would result in the smooth transition and opening of new businesses. Information will be available in two (2) languages to support the ethnic diversity of the Rosemead area. In addition, the current Chamber web site could be expanded to include this information. The Chamber's intent is to provide thorough and comprehensive information. To provide more detail, the following items, the process, the timelines, and the "education process or information to owners and prospective owners" need to be clarified. Many of the prospective business owners have a language barrier and it is very difficult to make them understand and to understand them. This positive process would help eliminate those that pretend they don't understand or give that appearance and then try to circumvent the system! Arrangements would be made to hold seminars, workshops and panel discussions with such agencies as the City; Sheriffs Office, a representative from the Alcoholic Beverage Control, possibly SBA, EDD, and Franchise Tax Board and publicize in both Asian and Hispanic media. Working with and for businesses, is the role of the Chamber of Commerce and whatever can! be done to help streamline the process would be a benefit for all agencies and parties involved and expedite the business opening. In a few cases, a business lost so much money they never got their business opened. The Rosemead Chamber's desire is not only to improve services and communications to the business community of Rosemead, but during this economic down -turn also to enhance the working environment. SEE EXAMPLES OF WORKSHOPS or TOPICS ON NEXT PAGE ATTACHMENT B (Page Two continued) EXAMPLE: New Business Licensing Process, 1. Who needs an Occupancy Permit 2. Who needs a Business License? 3. The process 4. Timeline 5. Fees 6. Penalties 7. Applications 8. ABC license 0 9. Background check 10. DBA — Fictitious Name 11. Signs Existing Business 1. Transfer of Business - Ownership 2. Change of address 3. Closing of. business 4. Remodeling - Expansion I 0 0 0 Rosemead Chamber of Commerce and Visitor Information Center tosEMEAD 3953 N. Muscatel Ave., Rosemead, California 91770 CHAMBER TEL: (626) 288 -0811 FAX: (626) 288 -2514 " i 19" Attachment B The Rosemead Chamber of Commerce is a voluntary organization of business and professional people dedicated to the economic well being of their community. We will be celebrating 75 years of service to the community in 2002. We serve as an information center for all businesses and residents of Rosemead. We identify problems and issues that impact businesses and residents and strive to provide leadership to solve these problems. Our primary goal is assist businesses. CARE Program The Rosemead Chamber of Commerce also wishes to continue the CARE Program established by the California Public Utilities Commission as well as to enter into the business assistance and promotion program as detailed below. In conjunction with Southern California Edison, the Rosemead Chamber of Commerce and Information Center will continue to facilitate dissemination of information to limited and fixed income households for the CARE program (California Alternative Rates for Energy) and other energy efficiency programs. These programs, both electric and gas, are available to households with limited resources, that meet guidelines established by the California Public Utilities Commission. This communication effort would support and provide a valuable service to citizens who qualify for rate reductions of up to 20% off their electric bill. Publicity will be directed individuals as to how and where to call for information, and assistance in filling out required forms. This would result in the improvement of quality of life by providing support and /or access to reduced rates on utilities to all those who qualify. Information will be available in multiple languages to support the ethnic diversity of the Rosemead area, as well as for the hearing impaired. Business Assistance Information In addition to continuing the CARE Program, the intent of the Rosemead Chamber of Commerce is to assist new and prospective businesses with additional information and counseling to understand and meet the requirements and necessary information needed for permits, licenses, and other required j approvals and authorizations efficiently and expeditiously. In conjunction with the City of Rosemead and other licensing and governmental agencies, the Rosemead Chamber of Commerce and Information Center would facilitate the awareness, communication; and dissemination of information to new and prospective businesses hopefully even before they purchase property or sign a lease or long term agreement. Information would be distributed through workshops, panel discussions and open meetings to accomplish this. Promotion and publicity as well as correspondence to the Rosemead business would also help achieve success in reaching the right audience. This communication effort would support and provide a valuable service to the many potential small businesses that employ numerous low and moderate - income persons. Publicity and promotions will be developed to direct individuals as to how and where to call for information, and assistance in filling out required applications and forms. This would not only assist City staff, but would result in the smooth transition and opening of new businesses. Information will be available in two (2) languages to support the ethnic diversity of the Rosemead area. In addition, the current Chamber web site could be expanded to include this information. The Chamber's intent is to provide thorough and comprehensive information. "Businesses joined togethersince 19V` • 0 ATTACHMENT B (Page Two continued) To provide more detail, the following items, the process, the timelines, and the "education process or information to owners and prospective owners' need to be clarified. Many of the prospective business owners have a language barrier and it is very difficult to make them understand and to understand them. This positive process would help eliminate those that pretend they don't understand or give that appearance and then try to circumvent the system. Arrangements to hold seminars, workshops and panel discussions with such agencies as the City, Sheriffs Office, a representative from the Alcoholic Beverage Control, possibly SBA, EDD, and Franchise Tax Board and publicize in both Asian and Hispanic media. Working with and for businesses, is the role of the Chamber of Commerce and whatever can', be done to help streamline the process would be a benefit for all agencies and parties involved. The Rosemead Chamber's desire is not only to improve services and communications to the business community of Rosemead, but during this economic down -turn also to enhance the working environment. EXAMPLES OF WORKSHOP TOPICS ..I -1 k 13 New Business Licensina Process 1. Who needs an Occupancy Permit 9. Background check 2. Who needs a Business License? 10. DBA — Fictitious Name 3. The process 11. Signs 4. Timeline Existing Business 5. Fees 1. Transfer of Business - Ownership 6. Penalties 2. Change of address 7. Applications 3. Closing of business 8. ABC license 4. Remodeling - Expansion AGREEMENT This agreement made the first day of July each year by the City of Rosemead, California, a Municipal corporation, hereinafter termed "City" and the Rosemead Chamber of Commerce of the City of Rosemead, a non - profit corporation, hereinafter termed "Chamber ". WITNESSETH: Whereas, City is desirous of promoting its advantages as a business, industrial and residential center, of disseminating information relative thereto, and of properly responding to queries made from time to time relative to the City and its advantages and possibilities as a residential, industrial and business area; and whereas, Chamber, a non - profit corporation located within the City of Rosemead, has special knowledge, experience and facilities for disseminating information, and is organized for and equipped to carry on promotional activities on behalf of City and to publicize and exploit its advantages; and Whereas, City has no organized means for conducting such activities; and Whereas, such activities are recognized by 'law as being in the public interest and serving a public purpose, and being the City Council has duly authorized execution of this Contract in. order to serve such public purpose; Now, therefore, the parties agree as follows: 1. That Chamber will and does hereby agree to undertake and carry on such promotional and advertising activities on behalf of the City of Rosemead as the City Council may require and in particular to render the following services: a. To maintain suitable quarters and employ competent personnel to properly carry on the advertising and promotional activities herein enumerated. b. To promptly answer all correspondence relative to the business, industrial and residential advantages and opportunities in the City of Rosemead, and to disseminate information by correspondence, newspaper publicity and personal contacts favorably advertising such advantages and opportunities. C. To prepare articles and news stories, compile data, gather and assemble news items, photographs, literature, scientific and historical articles descriptive of the City's advantages, benefits and resources and to develop proper surveys whereby outside interests and individuals may be induced to locate in said City. City contract - page 2 d. To aid in promoting home - building programs the development and use of unoccupied and vacant properties, and revitalization of the City. e. To seek out, solicit and interview business and industrial executives with the view of urging the establishment of their business activities in said City. f. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in said City. g. To study the needs of the community as to public improvements of every character and to prepare data, attend conferences and by every proper method aid in securing information for use in the Chamber's duties hereunder. h. To disseminate information relative to the benefits o.f the City within areas considering annexation to City. i. Such other advertising and promotional services as may from time to time be in the public interest in the City of Rosemead_ 2. That in consideration for services to be performed by the Chamber for the City, as set forth in Paragraph 1 hereof, the City hereby agrees to pay certain sums of money toward the maintenance of said Chamber and the above mentioned activities Of the Chamber as determined each year by the City Council, 3. That in the event City shall desire any additional service Chamber shall, upon request of said City, furnish an itemized statement of the estimated cost thereof, and City may modify or alter any such plan er',proposal in any particular, or may reject said plan in its entirety or may request the submission of a new plan or proposal which may be accepted, altered or rejected. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the Chamber showing the basis of said claims and certified by proper officers of Chamber and a minute record of the Board of directors of said Chamber. 4. This Contract shall, unless sooner terminated, expire on June 30th of each year. City may terminate this agreement on thirty days notice, if it becomes dissatisfied with Chamber's Services. i City Contract page 3 5. Chamber shall promptly furnish City with a monthly report of its activities and a certified copy of its monthly, quarterly and annual operating statements, together with an annual statement before being entitled to receive any further monies hereunder. In Witness Whereof, City has caused its corporate name to be hereunto affirmed by its Mayor and City clerk, thereto duly authorized, and Chamber has caused its name to be hereunto affixed by its President and Secretary, thereto duly authorized the day and year this agreement first above written. Attest: City of Rosemead, a Municipal Corporation City clerk Mayor Rosemead Chamber of Commerce a Non - Profit Corporation Secretary President Sent By: BICHLMEIER INSURANCE SV& 310 379 9272; Sep -23A 4:48PM; _ /.,I ACORD_ CERTIFICA E OF LIABILITY INSURAN F,,,, P, DA09 iYPE OF 2233/WOD2 PRODUCER THIS CERTIFICATE 14133UED AS A MATTER OF INFORMATION I ITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bichlmeier Inaurance'Servicaa HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 200 Pies Avenue 030' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hermosa Beach CA 90254 71000000 Phono:310- 376 -8852 Fax :310-379-9272 q INSURERS AFFORDING COVERAGE s1000000 LED EXP(A.ryN ,An q) INSURER& GULF INSURANCE CO. PERSONAL a Am RIIIRY $1000000 INSURER B: Rosemead Chamber Of Commerce INSURER C: P.O. Box 425 ' Rosemead CA 91770 72000000 •...� wsuREn D INRLIRT-ii F.' A AUTOAM)80.E THE POLICIES OF INSURANCE LISTED BELOW INK SEEN ISSUED TO THC INSURED NAMED ABOVE FOR THE POLICY Mcc INDICATED, NOT ITMTMIDIND ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MOMENT WIIN RESPECT TO WHICH THIS CERTIMATE MAY M IWAIFO OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIQS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ... ... ~_ -INSURANCE LTR iYPE OF POLICY NUMBER DATE MMID O I ITS A GENERAL UABIL)TY X COMMERCIAL GENERAL LIABILITY CLAIMS MME OCCUR YPS041245268 09/27/02 09/27/03 EACH OCCURRENCE 71000000 rtm GeIAn ..w s1000000 LED EXP(A.ryN ,An q) 510000 PERSONAL a Am RIIIRY $1000000 GENt AOCREGTE LIMIT APPLES PER: POLICY ' LIX: GEMEINLAGGREGATE s200000_0 PRODUCTS -GU wAGG 72000000 •...� A AUTOAM)80.E LIABILtIY 'ANYAUTG ALL OWNED AUTOS SOIEOULEDAUTOS HIRED AUTOS NONOWED NAUTOS _._.....__ PP5041245260 09/27/02 09/27/03 f-PMNNED 9D/GlE UY1T I a SMI BOOLV INJURY (PW PYBPP) $1,000,000 { X ..]( ((Pe'am "NI { PROPERTY DAMAGE { `�•_- GARAGE LIABILITY AAwA1j(0 AUTO ONLY• EA ACCIDENT { OTHER THAN EA ACC AUTO ONLY: AGO a { EXCESS LIABILITY I I .. OCCUR IJ CLAIMS MADE OCCLCTIDLC RETENTION s EACH OCCURRENCE 7 AGGREGATE 7 _ 7 •� t t WORILERBCONIMNSATIONAND EMFLOYEAS• LIABILITY TORY LIMITS Eq' E.L. EACH ACCIDENT { E.L. DISEASE • EA EwrLOfj t E.L. DISEASE - POLICY LIST E I OTHER DESCRIPTION OF OPMATONNLOCATIONS IEISCLEBIEXCLUaONS ADDED BY ENDORSEMENTISPECILL PROVISIONS The City of Roaamoad is namod as Additional Insured With respect to the Diamond Jubilee to be held 9/28/02 City of Rosemead Michael Burbank 8838 East Valley Blvd Rosemead CA 91770 ELOSBMEA I 111OMOA V OF THE ABOVE DESCRIBED POLICIES Be CAMCmLEB BEFORE THE OATS TMTDIEOF, 7IE IB{UMOIMSURER YRLL iMOBAVOR TD YALL �G_WY{WRITTEN NOTICE TO THE CERHPICA M HOLDER NAMED TO TIM LEFT, BUT FAILURE TO 0070 SHALL IMFOEF NO OELIOATION OR LIABILITY OF ANY IBLD UPON Tile INSURER. OB AGENm OR RESOLUTION NO.2002 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD TEMPORARILY CLOSING VALLEY BOULEVARD FROM MUSCATEL TO IVAR ON SATURDAY, SEPTEMBER 28, 2002, FROM 6:00 A.M. - 6:00 P.M., FOR THE PURPOSE OF CONDUCTING THE CHAMBER OF COMMERCE 75TH ANNIVERSARY CELEBRATION THE CITY COUNCIL OF THE CITY OF ROSEMEAD RESOLVES AS FOLLOWS: Section 1. The City Council finds, determines,and declares as follows: A. On March 26, 2002, the City Council approved the Chamber of Commerce's proposal to conduct a One Day Diamond Jubilee Celebration on Valley Boulevard on Saturday, September 28, 2002. B. _ The event has been determined to be categorically exempt from the requirements of CEQA under class 4 (e) - minor alterations to land; and C. In order to safely conduct the Celebration, it is necessary to close Valley Boulevard between Ivar and Muscatel from 6:00 a.m. - 6:00 p.m., on Saturday, September 28, 2002, on which the Celebration is held. Section 2. Pursuant to the authority granted in Vehicle Code 21101 (e), the City Council hereby temporarily closes Valley Boulevard from Ivar to Muscatel, from 6:00 a.m. until 6:00 p.m. on Saturday, September 28, 2002. Section 3. The Department of Parks and Recreation is directed to place signs along Valley Boulevard between Muscatel and Ivar on Monday, September 23, 2002, giving notice of the temporary street closure and the need to remove all vehicles from the street prior to the 6:00 a.m. commencement of the temporary closure. Section 4. The City Clerk shall certify to the adoption of this Resolution. (I Lease Agreements /sb • 0 APPROVED and ADOPTED this 3 day of ATTEST: Nancy Val errama City Clerk Lease Agreements/sb 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROSEMEAD ss. 0 I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2002 -32 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, TEMPORARILY CLOSING VALLEY BOULEVARD FROM MUSCATEL TO IVAR ON SATURDAY, SEPTEMBER 28, 2002, FROM 6:00 A.M. — 6:00 P.M., FOR THE PURPOSE OF CONDUCTING THE CHAMBER OF COMMERCE 75TH ANNIVERSARY CELEBRATION was duly adopted at a Regular Meeting of the City Council on the 136 day of August 2002, by the following vote to wit: YES: BRUESCH, CLARK, VASQUEZ, TAYLOR, IMPERIAL NO: NONE ABSTAIN: NONE ABSENT: NONE NANCY VALDERRAMA, CITY CLERK AGENDA:CERTIFI' I!II .MUSCATEL f w i 0 1 • - t 'a f e ' Y - AVE. e� ' S � ' Y � A M Y 3 1 O � w • � � i ' i i •� ► i r w w i °e w '116 A Y rYw dew i e� � i i w Fa • - t 'a f e ' Y - y 0 i �Y i i � ' Y � A M Y 3 1 O � O • Y e i ' F ► OY b r w . '116 e� Fa w o < � c - �. A eo h wl ► • i N Y i i i i soso a a a. o a-ap� >>xm i 0 °mod r p i _ m G poow y 0 i �Y i i 4" 4 0 TO: HONORABLE MAYOR AND W EMBERS ROSEMEAD CITY COUNCIL FROM: BILL CROCITY MANAGER DATE: AUGUST 19, 2002 �J RE: CONSIDERATION OF REQUEST FROM THE ROSEMEAD CHAMBER OF COMMERCE FOR $2500 TO FUND PUBLICITY AND ADVERTISING FOR THE 75T" DIAMOND JUBILEE ANNIVERSARY Attached for your consideration is a letter from the Rosemead Chamber of Commerce requesting $2500 to assist them in advertising their 75`s Anniversary Celebration on Saturday, September 28, 2002. The funds will be used to advertise in the local newspapers. They would also advertise on Charter cable television. RECOMMENDATION If the City Council is in favor of the request, it would be appropriate to authorize the expenditure of $2500 from appropriated reserves. COUNCIL AGENDA AUG 2 7 2002 ITEM No. �_ Rosemead chamber of Commerce and Visitor Information Center 3953 N. Muscatel Ave., Rosemead, California 91770 August 7, 2002 City of Rosemead TEL (626) 288 -081 1 FAX: (626) 288 -2514 Mr. Bill Crowe, City Manager 8838 E. Valley Boulevard Rosemead, CA 91770 Intent on developing the Diamond Jubilee into a premiere event to put the City of Rosemead on the map, the Chamber of Commerce believes they have hit on the right venue! With a car show, business expo, food booths, history of Rosemead exhibit, live entertainment and performing `kids hour', essay contest for school children, Spanish War Re- enactment, the entire community will be involved on Saturday, September 28, at the 75a' Anniversary Diamond Jubilee. From local dignitaries and VIP's, Friends of the Library, various churches, schools, Scouts, youth groups, service clubs, businesses -large and small, we plan to offer something for all!! For many years, Rosemead has struggled to come up with an event to market the city and draw visitors from out of town as surrounding cities have done. However, to make this happen, wide spread publicity and advertising will be necessary. To do this professionally $2,500 is needed and we are hoping the City will help provide the advertising dollars. The Diamond Jubilee would be advertised by the San Gabriel Valley News Group in the Pasadena Star News, the San Gabriel Valley Tribune and the Whittier Daily News as well as the China Daily News and other newspapers. Spot ads would also be run by Charter Communications cable television. We believe the return to the city will be much greater than this small investment. Again, we thank you for your assistance and support and look forward to a favorable response. Hunter [ond Jubilee Chairperson Cc: Mayor Bob Bruesch & City Council Ma�o�i� ell Chamber's Executive Director 'Businesses joined together since 1927' REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT, made and entered into this 131h day of August, 2002, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non- profit mutual benefit corporation hereinafter called "CHAMBER ". WHEREAS, the CITY and CHAMBER are desirous of conducting a One Day CHAMBER Diamond Jubilee Celebration on Valley Boulevard between Ivar and Muscatel to promote local business; and WHEREAS, CITY wishes to support local businesses and the CHAMBER by allowing the Celebration on Valley Boulevard without imposition of City fees. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: CITY shall, on Saturday, September 28, 2002, allow the CHAMBER to: A. Occupy and use Valley Boulevard from Ivar to Muscatel from 6:00 a.m. to 6:00 p.m. for its Celebration consisting of car show, local restaurant specialties, entertainment and children's rides per the details of the CHAMBER proposal presented to and approved by the City Council on March 26, 2002. B. Use city streets and property to stage the Celebration without the imposition of any City fees, licenses or permits. (The normal inspection process for temporary structures and temporary electrical connections will be conducted by City staff). CHAMBER shall ensure that all participants in the celebration have the necessary Health Department Licenses. C. CHAMBER shall supply to City Hold Harmless/ Release from all Car Show participants, vendors, exhibitors, entertainers and amusement operators. D. Close Valley Boulevard between Ivar and Muscatel between the hours of 6:00 a.m. to 6:00 p.m. Lease Agreements/sb 0 0 2. CHAMBER shall be solely responsible for deciding which vendors, sellers and other participants will take part in the Celebration. It is further understood that the CHAMBER will not discriminate against any applicant on the basis of race, religion, sex, physical disability or other legally prohibited criteria. However, it is expected that applicants from within the City of Rosemead will receive preferred status as Celebration participants. The decision of the CHAMBER to include or exclude a vendor, contestant, food service or amusement operator shall be final. 3. CHAMBER agrees that it will require all participants in the Celebration to comply with all federal, state and local rules and regulations. 4. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and its respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or related to any activities in conducting the Celebration, including acts, or omission to act, by any of the CHAMBER's officers, employees, Contractors or agents. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs and attorneys fees incurred by CITY in conjunction with any such claim, demand or judgment. CHAMBER shall be responsible for restoring Valley Boulevard to its original condition, including the removal of all litter and debris and repair of any damage. 6. CHAMBER shall provide CITY with general liability insurance coverage, in an amount not less than $1,000,000 (One Million Dollars) per occurrence and not less than $ 2,000,000 (Two Million Dollars) aggregate, naming the CITY, its officers, employees and agents as additional insureds. The insurance provided shall be subject to the review and approval by the City Attorney. The CITY shall receive a 30 -day written notice from the issuing company prior to any alteration of a material provision, reduction or cancellation of the insurance coverage required herein. CITY reserves the right to revoke this License, prior to its scheduled termination, upon 15 days written notice to CHAMBER. Lease Agreements /sb 0 0 8. Notices, pursuant to this Revocable License Agreement, shall be sent via first class mail or personally delivered as follows: CITY: CHAMBER: City Manager President City of Rosemead Chamber of Commerce 8838 East Valley Boulevard 3953 N. Muscatel Avenue Rosemead, California 91770 Rosemead, California 91770 IN WITNESS WHEREOF, the CITY by and through its Mayor and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. C TTV ClF R(1CFM1;ATI ROSEMEAD CHAMBER OF COMMERCE A non - profit corporation By: //Preside/t Lease Agreements/sb .MUSCATEL AYR § � § �! | - | .� ■ .� , , ��§ � |c � f . � % | .$� §■�— ._ ■, »o o le 4 ■ § . 0 B � ■_■a � § � | | q � • • AGREEMENT THIS AGREEMENT, made and entered into this 10th day of September, 1996, by and between the City of Rosemead, a municipal corporation (hereinafter "CITY ") and the Rosemead Chamber of Commerce, California non - profit corporation (hereinafter "CHAMBER "). 1. The Chamber has submitted a program to place (3'x 8') banners, with sponsorship identification on utility poles on city streets. A total of eighty (80) banners would be placed on utility poles. The City hereby agrees to purchase a total of forty (40) banners at a cost of $130.00 each ($5,200 total). 2. The Chamber hereby agrees to purchase forty (40) banners which will be offered to area businesses for sponsorship. The sponsorship identification on the banners shall not exceed the dimensions of two (2) feet by three (3) feet and shall be located at the bottom of said banners. The sponsorship area shall state only the name and or logo of the sponsor. No addresses or phone numbers shall be placed on the banners. 3. City is agreeing to allow the hanging of the banners, pursuant to its agreement with Southern California Edison Company. A copy of the agreement between the City and Southern California Edison is attached hereto as Exhibit "A" and incorporated herein by this reference. Chamber agrees to abide by the terms and conditions of the agreement between the City and Edison. ' 4. The term of this Agreement shall be for three (3) years. The Agreement may be extended by the parties if the banners are still in acceptable condition after three (3) years. This Agreement may be earlier terminated by City if its agreement with Edison is not renewed or terminated. In the event of early termination of City's agreement with Edison, City may terminate this Agreement with Chamber upon sixty (60) days notice. 5. At the termination of this Agreement, Chamber shall remove all banners from the utilitv holes. 6. During the term of this Agreement, Chamber shall install and maintain all banners in an attractive appearance, and safe, workman-like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 7. Chamber shall indemnify and hold harmless City against all loss, expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately caused by the installation, placement, use, presence, operation, maintenance, and/or removal of said banners and appurtenances on utility poles. • 0 8. Chamber shall procure and maintain for the duration of the Agreement insurance, as detailed in Exhibit `B " attached hereto and incorporated herein by this reference, against claims for injuries or damages to property which may arise from or in connection with the performance of the work hereunder by the Chamber, its agents, representatives, employees or subcontractors. 9. Notices pursuant to this Agreement shall be mailed or personally delivered as follows: CITY: City of Rosemead Arm. City Manager 8838 E. Valley Boulevard Rosemead CA 91770 CHAMBER: Rosemead Chamber of Commerce Attn. Executive Director 3953 N. Muscatel Rosemead CA 91770 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: City Oerk CITY OF ROSEMEAD BY: GC c Es yor ROSEMEAD CHAMBER OF COMMERCE BY: ,Lwc TITLE: �itecr U f j ✓� j ROSEMEAD CHAMBER of COMMERCE 0 Rosemead Area Chamber of Commerce and Visitor Information Center 3953N Muscatel 7tpsemead, California 91770 (818) 288 -0811 September 3, 1996 Frank Tripepi City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Frank, 40 The Rosemead Chamber of Commerce is interested in having 80 (3'x 8') street banners purchased and hung on utility poles on Valley Boulevard, Garvey Avenue, Rosemead Boulevard, and San Gabriel Boulevard. We believe this would be a very good Community Development and Pride - Building project. The Chamber of Commerce, through selling sponsorships, would purchase 40 banners and we are requesting the City purchase 40 banners. The Chamber purchased banners would have the business sponsor's name attached to the banner, and the City's would not have the attachment. The banners would be similar to those that were on the poles from 1989 -1995. They will be blue with white printing (Discover Rosemead). The City purchased the 50 banners in 1989. The Chamber of Commerce would be responsible for hanging the 80 banners and be responsible for maintaining them during their time of hanging. We will take them down if and when they become worn or torn. We will have Southern California Edison's approval to hang banners on their poles. The cost to the City would be $130.00 per banner for 40 banners. We would hope to have the banners hung by November 1, 1996. Thank you, Richard Nichols Executive Director `Businesses joined together since 1927" January 8, 1996 To Rosemead Businesses: The Chamber of Commerce is sponsoring a new street banner program for Rosemead. We believe it is time to replace the banners that are now in place. The City and Chamber worked together on the program 5 years ago. The City paid for the banners that are currently in place, and under the new program, businesses will purchase the banners. We will work with the City on design and locations. A committee of business persons and City officials will decide on the design, but each banner will have the name of the business that purchases the banner. An example of wording may be, "Welcome to Rosemead" - "Little People Pre - school" - with a design of some type. We will place the banner as close to your business as possible. The banners will be placed on the main thoroughfares: Valley Boulevard, Garvey Avenue, Rosemead Boulevard, and San Gabriel Boulevard. The cost is as follows: $225.00 per banner - Chamber Members $275.00 per banner - Non - members $200.00 for each additional banner These prices include customized banner plus brackets, and hanging of banners. These banners will last 3 -5 years. The banners currently hanging have been there close to 6 years. If you are interested in more information, please mail the enclosed card. Sinc ely, 2� Richard Nichols• President RN/bl Enclosure "Businesses joined together since 1927" �. \ Rosemead Area Chamber of Commerce ROSEMEAD CHAMBER of and COMMERCE Visitor Information Center fl1NC 1027 3953 N Muscatel 9tvsenxal, California 91770 (818) 288 -0811 January 8, 1996 To Rosemead Businesses: The Chamber of Commerce is sponsoring a new street banner program for Rosemead. We believe it is time to replace the banners that are now in place. The City and Chamber worked together on the program 5 years ago. The City paid for the banners that are currently in place, and under the new program, businesses will purchase the banners. We will work with the City on design and locations. A committee of business persons and City officials will decide on the design, but each banner will have the name of the business that purchases the banner. An example of wording may be, "Welcome to Rosemead" - "Little People Pre - school" - with a design of some type. We will place the banner as close to your business as possible. The banners will be placed on the main thoroughfares: Valley Boulevard, Garvey Avenue, Rosemead Boulevard, and San Gabriel Boulevard. The cost is as follows: $225.00 per banner - Chamber Members $275.00 per banner - Non - members $200.00 for each additional banner These prices include customized banner plus brackets, and hanging of banners. These banners will last 3 -5 years. The banners currently hanging have been there close to 6 years. If you are interested in more information, please mail the enclosed card. Sinc ely, 2� Richard Nichols• President RN/bl Enclosure "Businesses joined together since 1927" 0 AGREEMENT THIS AGREEMENT, made and entered into this day of September, 1996, by and between the City of Rosemead, a municipal corporation (hereinafter "CITY ") and the Rosemead Chamber of Commerce, California non - profit corporation (hereinafter "CHAMBER "). 1. The Chamber has submitted a program to place (3' x 8') banners, with sponsorship identification on utility poles on city streets. A total of eighty (80) banners would be placed on utility poles. The City hereby agrees to purchase a total of forty (40) banners at a cost of $130.00 each ($5,200 total). 2. The Chamber hereby agrees to purchase forty (40) banners which will be offered to area businesses for sponsorship. The sponsorship identification on the banners shall not exceed the dimensions of two (2) feet by three (3) feet and shall be located at the bottom of said banners. The sponsorship area shall state only the name and or logo of the sponsor. No addresses or phone numbers shall be placed on the banners. 3. City is agreeing to allow the hanging of the banners, pursuant to its agreement with Southern California Edison Company. A copy of the agreement between the City and Southern California Edison is attached hereto as Exhibit "A" and incorporated herein by this reference. Chamber agrees to abide by the terms and conditions of the agreement between the City and Edison. 4. The term of this Agreement shall be for three (3) years. The Agreement may be extended by the parties if the banners are still in acceptable condition after three (3) years. This Agreement may be earlier terminated by City if its agreement with Edison is not renewed or terminated. In the event of early termination of City's agreement with Edison, City may terminate this Agreement with Chamber upon sixty (60) days notice. 5. At the termination of this Agreement, Chamber shall remove all banners from the utility poles. 6. During the term of this Agreement, Chamber shall install and maintain all banners in an attractive appearance, and safe, workman-like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 7. Chamber shall indemnify and hold harmless City against all loss, expenses, claims. actions, causes of action, damages, costs or liabilities, directly or proximately caused by the installation, placement, use, presence, operation, maintenance, and/or removal of said banners and appurtenances on utility poles. 8. Chamber shall procure and maintain for the duration of the Agreement insurance, as detailed in Exhibit `B " attached hereto and incorporated herein by this reference, against claims for injuries or damages to property which may arise from or in connection with the performance of the work hereunder by the Chamber, its agents, representatives, employees or subcontractors. 9. Notices pursuant to this Agreement shall be mailed or personally delivered as follows: CITY: City of Rosemead Attn. City Manager 8838 E. Valley Boulevard Rosemead CA 91770 CHAMBER: Rosemead Chamber of Cotmnerce Atm. Executive Director 3953 N. Muscatel Rosemead CA 91770 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: City Clerk CITY OF ROSE-MEAD Mayor ROSEMEAD CHAMBER OF COMMERCE BY: TITLE: i 2 3 LICENSE AGREEMENT EXHIBIT "A" 411 THIS AGREEMENT, made and entered into this day 5 of �` ^ �� " 4' ' -� lgf, by and between Southern California Edison 6 Company, a corporation, hereinafter called "Company" and the City of Rosemead, a 7 political subdivision of the State of California, hereinafter called "City ". 8 1 WHEREAS, City has jurisdiction of certain highways and has the right to g regulate the use of such highways; Ro1EL : 11 WHEREAS, Company has installed Company owned ornamental fiberglass, 12 marbelfte and steel street fight standards with underground wiring at various locations 13 within said City at request of City; 14 and 15 WHEREAS, City desires a license to place non - electrified traffic regulating 16 devices, American flag attachments, Neighborhood Watch sign attachments, and 17 banner attachments on said street light standards; Inim. 191 WHEREAS, Company Is agreeable to allow City to install Company approved 20 non- electriffed traffic regulating devices, American flag attachments, Neighborhood 21 Watch sign attachments, and banner attachments and appurtenances on said street 22 light standards under a license. 23 NOW, THEREFORE, in consideration of the premises and the mutual 24 understandings and obligations of the parties as herein -after set forth, Company and 25 City hereby agree as follows: 26 1. Company hereby, subject to the terms and conditions provided in this 27 Al .. 2811/// - 1 - I I Agreement, licenses and permits City or City's authorized agent to install, maintain, 2 use, repair, renew, and remove certain Company approved non - electrified traffic 3 regulating devices, American flag attachments, Neighborhood Watch sign 4 attachments, and banner attachments and appurtenances on Company owned 5 ornamental fiberglass, concrete and steel street light standards in accordance with the 6 following: (1) Attachment shall be by means of stainless steel straps. No holes shall 7 be punched, drilled, or burned In the ornamental pole, (2) All attachments shall be 8 mounted so as to provide adequate clearance from traffic, pedestrians, and from all g electrical facilities, and secured to the street light standard to avoid dislodging by wind. 10 (3) The total surface area of all attachments on any one ornamental pole shall not 11 exceed 18 square feet at any one time. 12 2. Except as otherwise herein provided, the use by City of such street light 13 standards as herein contemplated shall be without charge or expense to City. 14 3. Whenever City desires to place said attachments on Company owned 15 street light standards, City shall file the necessary written application and plans with 16 Company for its approval for each application. The installation shall be completed 17 within sixty (60) days of written approval. Each subsequent installation requires a new 18 application under this Agreement. City or City's authorized agent shall commence and 19 complete all approved attachments as promptly as possible. 20 4. No attachments shall be placed on said facilities until the application for 21 the same shell have been thus approved by Company. Upon completion of any 22 installation by City, or City's agents, City shall notify a Company representative who, at 23 h!"r discretion, may inspect Installation. 24 5. Said attachments and appurtenances shall be installed and maintained 25 by City, or City's authorfzed agent, In a safe and workman -like manner In compliance 26 /// 27 /// 28 /!! -2 - - - - II I with all applicable laws, rules, regulations, ordinances, including but not limited to 2 General Order No. 95 of the Public Utilities Commission of the State of California. 3 S. Should Company determine that it is necessary to relocate or replace a 4 street light standard on which a City -owned attachment is in place, City or City's agent 5 shall, upon reasonable notice from Company promptly relocate, replace or transfer 6 said attachment to a substitute street light standard, if any, as required at City's sole 7 cost and expense. 8 7. City shall indemnify and hold harmless Company against all loss g expenses, claims, actions, causes of action, damages, costs or liabilities, directly or 10 proximately resulting from or caused by the installatlon, placement, use, presence, 11 operation, maintenance, and/or removal of said attachments and appurtenances on 12 said street light standards, as herein provided. 13 B. The failure of Company to enforce any provision of this Agreement, or the 14 waiver thereof, shall not be construed as a general waiver or relinquishment on its part 15 of any such provisions; however, the same shall nevertheless remain In full force and 16 effect. 17 9. This Agreement shall continue In effect for a term of one year from the 18 date hereof and from year to year thereafter. Unless sooner terminated by mutual 19 written Agreement, this Agreement may be terminated by either party hereto by written 20 notice given not less than sixty (60) days prior to the intended termination. In the event 21 of such termination, City shall remove all of said attachments and appurtenances from 22 Company's street Ilght standards within sixty (60) days of such termination. 23 10. The provisions hereof shall Inure to the benefit of and bind the respective 2¢ successors in interest, representatives, and/or assigns of the parties hereto; provided, 251 26 27 281 /// e f 10 21 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lhowever, that no assignment may be made without the prior written consent of the other party hereto. IN WITNESS WHEREOF, City and Company have executed this Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. ACTING FOR AND ON BEHALF OF THE CITY OF ROSEMEAD M COMPANY: SOUTHERN CALIFORNIA EDISON V BY: _- '(S" rtf @ F;u;nea OF LOCAL Tftle: ATTEST: ATTEST: Title: Title:( /J�i is d✓u i DATE: C %max �� +✓ iS /j5Y~ DATE: PAT aA. coc% . a„ ,Z prs -4 APPROVED kRYANT lar v C. DA ont Semet vice resl M Attorney 19 a EXHIBIT "B" INSURANCE REQUIREMENTS FOR CONTRACTORS Contactor shall procure and maintain for the duration of the contact irut =ar.:e against claims for btjvies w perzors or damngcs to property which may arise t-om or in oonnecdon with the per, of the work hereunder by the Contrru; Or da agents, representauvu, employees or subco=tscwrs. Minimum Scope of Insurance Coverage shall be at least as broad u: 1. Insurance Services Office Commercial General Liability coverage (oceurmnee form CG 000I). 2. Insurance Services Office form number CA 0001 covering Automobile Liabiliy, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contactor shall maintain limier no less than 1. General Liability: 51,000,000 per oceu once for bodily injury, Personal injury and property damage. If Cornmencial General Liability Iruurance of other form with a genera] 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 ocemrrenCt limit 2. Automobile Liability. 51.000,000 per accident for bodily injury and property damage, 3. Employer's Liability; 31.000,000 pr accident for bend ly injury or di; case. Deductibles and Self-Insured Retentions Any deductibles or self - insured reterttions must be declared to and approved by the Entity. At the option of the Entity, either the insurer shall reduce or elbninue such deductibles or serif - insured te_ncora as respects the Entity, its officers, ofacials, employees and volunteers; or the Contactor shall procure a bond guaranteeing payment of losses and related investigations, claim adztiniseation and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain. or be endorsed to connin, the following provisions: 1. The Entity, its officers, offitias, employees, agents err! volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contras, The pr is shall contain no special limitations on the scope of protection afforded to the Entity, its offices, oliicirls, employees, agents or 2. For any claims related to this project, the Contractor's insurance coverage shall be primary msttratce as respezu the Entity, its officers, officials, employees, agents and volunteers. Any insurance or self- insurutce maintained by the Entity, its offices, officials, employee, agues or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of Lhe policies including breaches of werrarttia shall not affect coverage provided to the Entity, its offices, officials, employees, agents orvolunta in . 4. The Conractor's insurance shall apply separately to each insured against whom claim is made or suit is brought. extern wilt respect to the lhrSu of the insurer's liability. S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either parry, reduced in cove.-age or in limits except afie thirty (30) days' prior written notice by certified mail. return receipt requested, has been given to the Entity. Acceptability of Insurers lm'z nee it to bx Placed with insurers with a current AM. Best's radng of no less than A: VII, Verification of Coverage - Contractor shall furnish the Entity with original endorsements efieccttg coverage required by this clause Tice endorsements ere m be signed by a person authorized by that insurer to bind coverage on its behaL The endorsements are to be on forms provided by the E^.dy. All mdosemcnu are to be received and approved by the Entity before work commences. As art eltanative ern the Entiy's forms, the Contractor's insurer may provide complete, eeifid spies of all required insurance policies, including endorsements Affecting the coverage required by these specifications. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall ftrrush separate ccrjficates cd cn&rsomcnts for each ntbcaneacto:. All covrzgcs for subccncacros shall be subict to all of the requirmenu stated huein. The owner of Cafe Givral stated that he will leave Condition #6 as is with the recording hour of 8:00 p.m. to closing and will voluntarily tape the morning hours. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council grant an Entertainment Permit to Cafe Givral, 9008 Garvey Avenue, #E. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. REQUEST FROM THE ROSEMEAD CHAMBER OF COMMERCE TO PURCHASE AND MAINTAIN STREET BANNERS FOR VALLEY BOULEVARD, GARVEY AVENUE, ROSEMEAD BOULEVARD, AND SAN GABRIEL BOULEVARD Juan Nunez, 2702 Del Mar, Rosemead, as stated previously, the present banners are in disrepair and do not promote community pride in that condition. Mr. Nunez stated that the original price of banners to Chamber members was $225 and non - members $275; however, the Rosemead Newsletter states that the price is now $300 for members and $375 for non- members. Dick Nichols, Executive Director, Rosemead Chamber, explained that the banners were offered for $225/5275 as an incentive to purchase prior to August 1 st in order to gauge the interest in this program. Mr. Nichols continued that after August 1st the price would be $300/5375 and this information has been published in the Chamber Newsletters. Councilmember Taylor stated that he and the other Councilmembers were not aware of this price change. Mayor Clark requested clarification from Mr. Nichols regarding the banners being sold prior to Council approval of this project. Mr. Nichols responded that this was necessary to forecast the marketability of the banners and support for the program; however, if Council did not approve, the money would be refunded. Helen Archer, Chamber Boardmember, agreed with Mr. Nichols and stated that this was offered as an "early bird special" to determine marketability and participation, and at all times it was understood that this project required Council approval. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL that the Council approve the request and appropriate the necessary funds. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. COUNCILMEMBER BRUESCH 1. The traffic signal on Hellman at Ingleside Hospital is no longer necessary and needs to be removed. CC 9 -10 -96 Page #11 3\ • • TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: JULY 2, 1996 RE: REQUEST FROM THE ROSEMEAD CHAMBER OF COMMERCE TO PURCHASE STREET BANNERS FOR VALLEY, GARVEY, ROSEMEAD AND SAN GABRIEL BOULEVARD Attached for your consideration is a letter from the Chamber requesting that the City participate in the Street Banner Program by purchasing 40 banners at $130 each for a total of $5200. The banners will be placed at various locations on the aforementioned streets. RECOMMENDATIONS If the City Council is in favor of the Program, it is recommended that you approve the request and appropriate the necessary funds. COUNCIL AGENDA JUL 0 9199j ITEM No. Rosemead Area Chamber of Commerce DD9Zpsentead and Visitor Information Center 3953 N 'Muscatel California 91770 (818) 288 -0811 June 19, 1996 Mr. Frank Tripepi City Manager City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Frank, The Chamber of Commerce is purchasing 40 new Street Banners, each will include the name of the business sponsor. The sponsor is paying $225.00 each for the banners. Our request is for the City to also purchase 40 banners @ $130.00 each. There would be no sponsor name on these 40. The banners would be placed on Valley Boulevard, Garvey Avenue, Rosemead Boulevard, and San Gabriel Boulevard, at the locations the previous 50 were plus 30 new locations on these thoroughfares. I'll be happy to answer any questions that you or the City Council may have. Sincerely, ,,i Richard Nichols Executive Director am "Businesses joined together since 1927" Mr. Kress stated this cannot be done tonight because the first two bidders have to be afforded the public opportunity as to why they are being rejected. Mr. Kress continued that in discussions with the City Engineer in continuing this project with a minimum amount of trouble and disruption for all parties, it was agreed that the best way to proceed was to rebid the project. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that this item be deferred until the August 13, 1996 Council Meeting, for background information on the bidders. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION woo A. REQUEST FROM ROSEMEAD CHAMBER OF COMMERCE TO PURCHASE STREET BANNERS FOR VALLEY BOULEVARD, GARVEY AVENUE, ROSEMEAD BOULEVARD AND SAN GABRIEL BOULEVARD Juan Nunez, 2702 Del Mar Avenue, Rosemead, stated that the banners currently flying are deteriorated and in disrepair and is not a good reflection on the City. Richard Nichols, Executive Director, Rosemead Chamber, explained that the Chamber will be responsible for the entire banner program and is asking the City to purchase 40 banners with the businesses and Chamber purchasing the other 40 banners for a total of 80 banners. Mr. Nichols stated that the business - purchased banners will have their names displayed on an added portion at the bottom of the banners; however, the City - purchased banners will not have any additive. Mr. Nichols continued that the cost will include the entire banner, poles and brackets. Councilman Taylor asked how does one individual acquire the right to advertise on a public utility pole and who determines which person or business has that right. Mr. Taylor stated that neither the Council nor the public utility company has approved of putting advertising on the poles. Mr. Kress stated he has concerns as to whether this is in keeping with the City's sign ordinance, and the 5 -year agreement along with assurances regarding this program needs to be addressed also. Mr. Nichols assured the Council that an agreement would be provided. Mr. Kress stated that there are two issues involved tonight. First, Public /City contributions - the City is asked to purchase 40 banners which is a Community Promotions issue; and, second, how will the program work and does it meet the City's current sign ordinance? Mr. Kress recommended that the Council discuss and decide on the Community Promotion issue tonight, and refer the remainder back to staff for resolution and returned to Council at a later date. Councilman Taylor asked how businesses were notified of this program. Mr. Nichols responded that all businesses in Rosemead were notified by letter with an application form included. Councilmember Bruesch stated that he agrees with the Chamber in principle as favorable comments were received when the banners were installed six years ago, but the City needs an agreement from the Chamber assuming responsibility for the maintenance and replacement of damaged banners. CC 7 -9 -96 Page #5 MOTION BY COUNCILMAN BRUESCH that the Council approve the Street Banner Program in principle but return this item to staff for further research regarding compliance with the City's sign ordinance. Mayor Pro Tern Imperial stated that this program will benefit the businesses in the City and requested the Chamber's assurances that this program will not require any assistance from the City. Mr. Nichols responded that the Chamber will assume full responsibility forthe program. Councilman Taylor requested a copy of the Chamber letter sent to all businesses. Mr. Taylor stated that the banners the City purchased six years ago were "neutral ", and asked for verification from the City Attorney that the public utilities will accept banners with business names flying from their poles. Councilman Bruesch stated that these banners would enhance the City's commercial strips and reiterated his Motion to accept the program in principle but to return this item to staff for resolution. Mayor Clark responded that she has a problem with accepting this Motion in principle if the legalities and questions have not been resolved and would rather defer this item. Conversation ensued about allowing only businesses in Rosemead to sponsor the banners. Mr. Nichols explained that the program could not continue with that stipulation as the Chamber would be open to lawsuits from businesses outside the City. There being no objection, the Mayor deferred this item. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. COUNCILMAN VASQUEZ Commended Deputies Bayer and Cortez for volunteering 12 hours each in working with Rosemead's Youth Team over the 4th of July weekend and thanked the rest of the Deputies and Holly Knapp and the Parade Committee for their hard work. Mr. Vasquez also recognized Zak Zakarian, President of the Rosemead Chamber, who helped procure the dunk tank. B. COUNCILMAN BRUESCH 1 . Commended Michael Burbank, Director of Parks and Recreation and his staff for their efforts in a smooth running 4th of July program. 2. Expressed his concern regarding large trash items left in front of houses day - after -day sometimes blocking sidewalks. Councilman Taylor stated that that is a violation of the City's Municipal Code and the violators should be cited and fined. Mr. Wagner responded the City has the trash company pick up the large items with the property owner being billed; however, this is an on -going problem that staff monitors constantly. Mayor Pro Tern Imperial stated that some residents, especially those from other countries, may not understand this pick up procedure and suggested warning violators first, and then ensure that the violators understand this procedure. Councilman Vasquez commented that the City has been diligent in handling these problems. Mr. Bruesch stated that he was referring to isolated homes that continually violate this policy. C. MAYOR PRO TEM IMPERIAL Requested that this evening's meeting be adjourned in honor of Mr. Frank Acuri, an individual who had the courage of his convictions. CC 7 -9 -96 Page #6 ,j\ N TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER � DATE: AUGUST 8, 1996 RE: CHAMBER OF COMMERCE STREET BANNERS FOR VALLEY BOULEVARD, ROSEMEAD BOULEVARD AND SAN GABRIEL BOULEVARD This item will be on the Council Agenda the first Meeting in September. COUNCIL AGENDA AUG.!-71996 ITEM No. �' Yes: Vasquez No: None Absent: None Abstain: None Taylor, Clark, Bruesch, Imperial The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS A. CHAMBER OF COMMERCE STREET BANNERS FOR VALLEY BOULEVARD, GARVEY AVENUE, ROSEMEAD BOULEVARD AND SAN GABRIEL BOULEVARD This item was deferred to the meeting of September 10, 1996. VII. MATTERS FROM OFFICIALS A. COUNCILMEMBER TAYLOR 1 . Requested staff observe right lane of traffic at Rosemead and Mission just west of the small shopping center. A vehicle parked in the stall west of last driveway causes the right lane of traffic to veer into the left lane. 2. Requested PCO monitor Rosemead Park as the ice cream vendors are parking in the crosswalk. 3. Requested information regarding Temple City having their own animal control trucks. B. COUNCILMEMBER BRUESCH 1 . A truck has been parked at the corner of Encinita and Mission for approximately 6 -8 months. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None Juan Nunez, 2702 Del Mar, Rosemead, stated that he read in the Chamber Newsletter that the Chamber banners will cost members $300 and non - members $350, rather than the $225 as discussed at a previous Council meeting. IX. CLOSED SESSION A. The Council recessed to a Closed Session at 8:40 p.m. pursuant to Government Code Section §54957.6 for the following purpose: CONFERENCE WITH LABOR NEGOTIATOR. City Negotiator: Charles Goldstein, Employees: All City Employees. B. The Council met in a closed session, pursuant to Government Code §54956.9(a) to discuss the United States, et al. v. Montrose Chemical Corporation, etc., et al., No. CV -90 -321 22 -AAH (USDC, CD, CA) litigation for the following purpose: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION The Council reconvened at 9:12 p.m. in an Open Session. Robert Kress, City Attorney, stated that the Council met in a Closed Session for purposes as stated on the Agenda and provided direction to the labor negotiator regarding Item A. CC 08/27/96 Page #9 0 0 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER -- - DATE: APRIL 6, 1995 RE: I CITY NEWSLETTER As you know, the Chamber of Commerce has been publishing a monthly newspaper, The Rosemead Report, which contains a one page City Hall section. This publication goes to every household in the City. Attached is a letter from Richard Nichols, President of the Rosemead Chamber of Commerce, requesting financial assistance in the publication of the newspaper. Specifically they are requesting $1,000 per month to continue publishing the Rosemead Report for the months of April, May, and June 1995. In addition, they have submitted as part of their 1995 -96 Budget request, an additional $10,000 to publish the newspaper for 12 months. At the request of staff Gardner Communications prepared the attached memorandum quoting a price of $4080 per month for publishing a four page newsletter. This figure includes $1350 for copy preparation, photos, and layout preparation; and $2730 for each issue for printing. It does not include the cost of postage, which Gardner Communications estimates to be $1700 for a four page newsletter. The total cost, including postage, is $5780 per month. For comparison, the Chamber will include us in their monthly newspaper for $1000 per page. ` Gardner Communications will provide a City Newsletter for $5780 per month for four pages, or approximately $1445 per page. 1' If the Council is in favor of granting the request, it would be necessary to appropriate the funds from unappropriated reserves. ' FGT:djw djw:ccstf(19) COUNC1 AGENDA APR 111995 ITEM No. —JE 6- 7Zgsemead Area Chamber of Commerce DD9�sentead ,CHAMBER and Z visitor Information Center 3953 N Muscatel cafifornia 91770 (818) 288 -0811 April 6, 1995 Dear Mayor Bruesch and City Council: The Rosemead Chamber of Commerce respectfully requests the City of Rosemead appropriate $1,000 a month for the publication, the Rosemead REPORT, for the months of April, May, and June 1995. The Chamber of Commerce is not financially able to publish the newspaper any longer without some help. Advertising sale has not been as good as anticipated, therefore, the continuance re- evaluated. The April issue will cost the Chamber $1100 plus staff time to publish. If the City funds the three issues, we will continue to publish the 16 -page tabloid size paper, distributing 18,000 monthly. We have submitted in our 1995 -96 budget request to the city, $10,000 for the Rosemead REPORT. With this support, we will be able to continue to.publish at least 16.pages. As advertisement income increases, the size of the paper will grow to a maximum of 28 pages. That relates to more community news. Thank you for your consideration. I will be in attendance at the.April 11th City Council meeting if there are any questions. Sinc rely, Richard Nichols President Rosemead Chamber of Commerce "Businesses joined together since 1927" 6-9!5 T H U 1 4:1 8 G A R D N E R COMM. G R O U P P. 0 1 Date: To: From: Re: MEMORANDUM April 6; 1995 Don Wagner City of Rosemead Pam Gardner Gardner Communications Group Costs.for monthly publication of community newsletter We've estimated the costs to prepare and. print 9 additional community newsletter issues of 4 pages each. If those 9 issues are added to the current schedule of 3 issues with five or six pages of City news plus recreation classes, Rosemead would halve a monthly newsletter. We have also estimated the costs to produce 12 -4 -page newsletters independent of the recreation. schedule.. A separate contract could be broken out for 3 issues of recreation. The copy preparation, photos and layout preparation costs for a 4 -page City newsletter is estimated at $1350 each Issue. The print for 4 pages, with current stock and 2 color is estimated at $2730 for each issue (this includes approximately 6 halftones for the city publication). Total estimated charges for 9 issues with tax, 4 -pages is $37,366 and for 12 Issues, 4 -pages is $49,821. For purposes of comparison: only per page costs are: Three.20 page newsletters - 60 pages 6$51,340.38 = $855.67 per page Twelve 4 page newsletters - 4$ pages W9,821.00 = $1,037 per page Difference of $182.26 per p4ge plus postage. Postage for a 4 page newsletter would be appreciably. less than the $2,000 cost of postage for a 20 page book format. Councilmember Imperial stressed also the importance of the owners being aware of what their neighbors will be receiving. Councilmember Taylor explained that the right -of -ways need to be reviewed before proceeding any further as a precaution in preventing future problems. Mayor Vasquez stated that this item will be deferred to the next Council meeting. V. MATTERS FOR DISCUSSION & ACTION A. REQUEST FROM HY TICH AND QUANG TICH TRAN TO ADDRESS THE COUNCIL REGARDING THE PATIO AT 3362 GREE:NDALE AVENUE, ROSEMEAD Mr. Khuong Dinh Nguyen, 9312 Valley Boulevard, Rosemead, attorney for the Tran's explained that the patio was in existence when the house was purchased in 1989 and that the Tran's were not aware of any code violations. Mr. Tran stated further that the Tran family would like to comply with codes to save their patio. James Guerra, Building Official, stated that staff will continue to work with the owners and their engineer to resolve this matter. Councilmember Bruesch asked if the patio was enclosed. Mr. Guerra responded that the patio is enclosed currently, permit racords indicate that in 1964 it was an open patio with a roof and slab only, and, therefore, has been cited for the enclosure which occurred since that time. . Councilmember Imperial stated that he looked at the patio and there does not seem to be any footing around the slab. Mr. Imperial asked if the owners will be allowed to put a footing around the existing patio slab. Mr. Guerra responded that that is an option and that the owner's engineer, according to his calculations, can justify the slab without a perimeter foundation, however, the usual solution is a foundation. Councilmember Imperial stated that he thought that a foundation was a requirement and whatever plan the engineer develops should be brought before the Council before a decision is made. Mayor Vasquez stated that this item will be deferred to the next meeting for further information and that staff will continue to work with the owners. W=310PB. CITY NEWSLETTER VERBATIM DIALOGUE FOLLOWS: COUNCILMEMBER TAYLOR: Mr. Mayor. The $1000 per month that they are asking for ... I'd like to see what it's been costing them. When I got this in here, I didn't have a chance to look at their budget, from the Chamber last year. I don't have all the figures in front of here, but what they're paying for their newsletter that they send out. I'd like to see a full comparison of what we are going to be getting and are we going to still continue to pay Gardner Association. MAYOR VASQUEZ: Ok. Mr. Nichols is going to address us. FRANK TRIPEPI, CITY MANAGER: At least the first part of the question. RICHARD NICHOLS, EXECUTIVE DIRECTOR OF ROSEMEAD CHAMBER: This newsletter by the Chamber was not done until we started doing it in November. This is a new venture.. It costs approximately $3200 a month to produce the newsletter and this last month, for example, we took in advertising $2100, so it cost the Chamber $1100. The reason we are CC 4 -11 -95 Page #4 f • • making the request is, and the reason it costs so much, is we do distribute it to every resident and every business. So, it's not just a business newsletter, it is a residential mailer. But, this last month is costing the Chamber $1100. The month of April here that we just mailed out cost us $1100. COUNCILMEMBER BRUESCH: Mr. Mayor. In order to compare costs, I need to know... right now with Gardener Communication, what are our current costs for the four City newsletters and the ... 3 newsletters, and the calendar. Give me a ballpark figure. TRIPEPI: $46,000 and change. DON WAGNER, ASSISTANT CITY MANAGER: For the three newsletters plus recreation brochures, which are included in here, and you've got the calendar, for about $30,000. BRUESCH: OK. $30,000 for the calendar. This figure that we have here that says the total cost including postage would be $5780 per month. In addition to that $46,000, would we roll in all the materials that was in that newsletter into this publication. WAGNER: Well, we've discussed this with Pam. If you wanted to have Gardner Communications do a monthly newsletter, like we are doing three times a year, you would have to also budget additional funds for those newsletter issues that would include the recreation brochure. She doesn't have a figure on that yet. BRUESCH: Then, I'm not prepared to vote on this tonight because I need to know the cost factors on both sides. Personally, I would like to see the City publish something like this, but not at an expense that would be an exorbitant cost factor. TAYLOR: Mr. Mayor, if I may. What Mr. Bruesch is talking about... Bob, if you look at this and do just a quick analysis of it, for $1000 a month they are going to give us twelve issues. We don't get anywhere near that from Gardner Communications in three past events newsletters. You understand what I'm saying? We put out a quarterly letter that goes backwards to three months. BRUESCH: A $1000 per page, right TAYLOR: Well, it depends on what we put into this. As far as, do we need that much. I think it needs to be studied a little bit more. Otherwise we are duplicating and now we are going to be paying two people or two different organizations and I'm not sure that needs to be done. TRIPEPI: I think the Council needs more focus on it. I think the issue to be decided is, on a monthly basis for about $1000 and that price drops to $850, Dick, next year...? NICHOLS: Let me do some clarifying... TRIPEPI: Let me keep my train of thought here. NICHOLS: Yes, next year our request is $10,000 for the year. TRIPEPI: All right. So, what the Council can get, basically, is you will continue to hit every household in the City with a newspaper once a month in newspaper print, where Mr. Nichols, basically, puts in an entire page for the City or however much we need, based on the articles that we write, four pages, if that's what we need. I can honestly tell you that when we were running the newsletter monthly, we had to look for items to put in that newsletter. So, that is what we are really talking about. For $1000 you are going to be able to continue to have the Rosemead newspaper go to every household in the City on a monthly basis. There is no way that Pam Gardner can compete with that. One, it is a different paper stock; two, there are different kinds of photos. It is a different layout procedure. It really is not apples and apples. I can't really make it apples and apples. I know what Mr. Bruesch is saying. This was put on here, because as a matter of fact, Mr. Bruesch said, "I would like to see what it would cost to go to a newsletter every month. The bottom line is, I guess, two words - very expensive. Just a matter if you want to do it for $1000 in newspaper form or if you want CC 4 -11 -95 Page #5 to do it as the existing newsletter. COUNCILMEMBER IMPERIAL: Mr. Mayor. I think that the Chamber has put out a good newspaper, but in my opinion that is still a Chamber newspaper. Even when it goes to every house in the City, I still say they are looking at a Chamber paper and there's a lot of people that might not want to read it. I can remember when the City put out a decent newsletter. I've heard one alternative here and that's Pam Gardner. I haven't heard that let's determine what we want and let's put that thing out to bid and see who can get us the best deal for what we need in this City. But, again, I think the Chamber puts out a good newsletter, newspaper, but I think we ought to have our own City newspaper. I think it ought to be something like we had before. I think we're missing a good vehicle by not having that thing. And, I think there's plenty if we want to go out and do it, that we can put in this paper. Number one, we should be covering the school programs. We've got a great program going at Rosemead High School. You never see anything about the Key Club. You've got a great program going at Muscatel, for instance. You never hear anything about the Builder's Club. These are things that we should be looking at. We should be looking at organizations within the City with some kind of coordination so two or three organizations don't have a function at the same time. That's the type of vehicle we need for the City. And, I think we could get that with our own newsletter and I think we ought to put it.all together and come back with different bids, not just one from Pam Gardner. MAYOR PRO TEM CLARK: Mr. Mayor. Dick, did I hear you say we could get four pages for $1000. NICHOLS: Yes, we would love to have four pages of news from the City. BRUESCH: At $1000 apiece? NICHOLS: No, no, for the $1000. Our proposal is in that ... I want to clarify this and it might confuse you. Our proposal is, the Chamber cannot afford to do this any longer. April will probably be the last month we can do it without the $1000 help. So, what we are asking for is April, May, and June of this fiscal year that the City work with us and contribute $1000 a month and get as much news, if we can have four pages of news that would be $1000. For next year's budget, we have in our budget request, requested $10,000. For the year, that's $800 or little over a month to continue doing it. IMPERIAL: Dick, let me ask you a question. How much does the City give you now for the newspapers you have been putting out? NICHOLS: Nothing directly. IMPERIAL: Not getting anything? NICHOLS: No. We have the contract with you. There's $35,000 a year of which we are using some of that. TRIPEPI: He's asking you do we give you articles for the newspaper. NICHOLS: Oh, articles. IMPERIAL: No. I'm talking about money. NICHOLS: He's talking about money. Oh no, no. We get articles from the City. TRIPEPI: One page, basically? NICHOLS: Oh, I think it's at least one page, sometimes it's two, some longer because different department heads have brought over different stuff. But, no, we have received nothing... IMPERIAL: We do the $35,000 that we give you presently, right. CC 4 -11 -95 Page #6 0 0 NICHOLS: There's been nothing. Yes. Our money has come out of this... We came into it and I've had to apologize to our Board. When this new management team came in, we thought we were going to be able to sell enough advertising to make it self sufficient within four or five months. The first three months we paid, we personally paid, that's no concern of yours. But, we thought and had the faith that it was going to succeed because it has in other areas, but the advertising just has not been there so we've been losing about $1000 a month. The Chamber Board cannot... TAYLOR: Mr. Mayor. I'm a little bit concerned about the optimism Mr. Nichols, in the sense that what you thought what happened this time was optimistic and that's fine. But, what I am concerned about is if the way things are going, it states here ...... We have submitted in our 95 -96 budget request to the City $10,000 for the Rosemead Report. With this support, we will be able to continue to publish at least 16 pages. As advertisement income increases, the size of the paper will grow to a maximum of 28 pages ". And, I'm a little bit concerned that we put some money into it and you try to get to 28 pages and that doesn't ... the optimism doesn't pay off there. I'm not criticizing, I'm just trying to understand the caution behind it. I don't want you to expand too fast and come back, and I'm not, again, criticizing, but let's see how it works. NICHOLS: No, I understand. What I am trying to say in there is if the $10,000 was budgeted next year, we will guarantee 16 pages of a newspaper going out and I would guarantee you that at least four pages of City news could be in there. TAYLOR: But, didn't you have quite a few articles in this last one about the school activities. NICHOLS: Oh yes. TAYLOR: I think there was quite a few and that would answer Mr. Imperial's question. BRUESCH: But, one of the things I noticed, excuse me, Mr. Mayor. One of the things I noticed was that a lot of the school information that you got were on schools outside of Rosemead. It had nothing to do with Rosemead. NICHOLS: Unfortunately, with this budget we don't have a reporter. We depend on the schools to send us information. And, I have personally written and talked to every Principal in every school pleading for news articles. And, we don't receive them. So, any news articles we receive, Don Bosco sends us news articles, so we print them. BRUESCH: Well, they have a Journalism Class. NICHOLS: Well, whatever the reason. Rosemead High School, I have pleaded with them to give me articles. BRUESCH: Did you contact San Gabriel and Mark Keppel? NICHOLS: No. BRUESCH: Do you realize that one -half of the high school students in Rosemead go to those two schools. NICHOLS: No, I did not know that. BRUESCH: You see, this is what I'm talking about. You have to contact those schools too. You even have a couple of hundred kids that go to Schurr High School. NICHOLS: As I've said, we have contacted, just like the service clubs, we have asked them all, and the churches, we asked them to submit articles. It's not our human nature, any of us, unfortunately, to get in that routine unless the statement was "well, they have a Journalism Class ". IMPERIAL: Rosemead has a Journalism Class CC 4 -11 -95 Page #7 0 0 NICHOLS: But, we want to print community news. TAYLOR: Mr. Mayor. What... Mr. Imperial raised an interesting point in the sense as far as having a City newsletter, we could put all the City events we want in it, all the school events, whatever we choose to. There's always the potential and it's good have discussions on different pro's and con's of items. But, what do we do ... this is a Chamber of Commerce newsletter. How do we get ... and sometimes the Chamber promotes programs and in general the City wants to support that, but,what do we do on controversial issues? We've had them in the past and they will come up. Is.there going to be any censorship, Mr. Nichols, as far as who prints what. NICHOLS: Not that I know of, we have never in the six years that I have done this in other Chambers, I have not ever had one instance where there was any conflict. I would have no problem if a City staff member wanted to or a City Councilmember wanted to come over and edit what we're going to put in on... TAYLOR: I don't want to go so far as to edit what you're putting in. But, I want it the other way too, that there will be disagreements. NICHOLS: The only thing I can reflect back on is what I did in Baldwin Park for four years. The City submitted to me four pages typeset of news from the City. I had no jurisdiction or anything about what they put in. We printed what they gave us. And, the same with the schools. TAYLOR: Mr. Mayor. I think, I really honestly think that this is an opportunity to give it a shot for the next three months and see what advertising they can get and what input they can get from Garvey School District, Rosemead School District, the local organizations that we have. And, for $3000, I'm looking to next year and Gardner Communications, we're talking $80,000. 1 don't like that $80,000 because we see them once a month for a newsletter published every three months. The Chamber has the potential of every month being current. So, I would be in favor of trying it for three months and see if we can work out some kind of association. VASQUEZ: OK. I still have a request out here for Mr. Nunez to speak on this. BRUESCH: I just want to ask one question. Gary is right and I figured it out at about $80,000. But, that would not be the full figure because we are already paying Gardner $46,000 and $30,000 which is $76,000. What we need to do before we make a decision on this is to find out how much additional cost from Gardner and see if the comparison makes the Chamber offer an offer we can't turn down. TAYLOR: Excuse me, Mr. Mayor. Bob, Gardner Communications is telling us it's $5000 to send out four pages per month. At Gardner Communications, 5 x 12 is $60,000 to send out four pages. The Chamber is telling us they are going to charge us $850 for four pages per month, times twelve is $ 10,000. So, there is a big difference between the $10,000 with the Chamber every year compared to the $60,000 yearly with Gardner. That is why I'd like to give it an opportunity to see and get current information. There's a big difference and then we can take some of that off of Gardner, then we're duplicating information if we have both newsletters. But, for right now, the $3000 is a worthwhile investment to see what could be done with it. VASQUEZ: Gary, is that a motion? TAYLOR: I'll make the motion for that. CLARK: I'll second that. VASQUEZ: OK. Before we vote on it, I haven't forgotten you, Juan. Come on up. JUAN NUNEZ, 2702 DEL MAR AVENUE, ROSEMEAD. What I wanted to speak on is that the Chamber, what was it, two years ago when they came up with an idea of having a district assessment. That didn't fly. CC 4 -11 -95 Page #8 0 0 TAYLOR: Juan, that's not fair. Because they came up with a legal entity, the law says, and some cities do it, we as a Council decided that ... if I recall correctly, there was approximately ... there's 200 members in the Chamber of Commerce and there was only a small percentage of them, I'm going to say approximately 20 %, somebody correct me if I'm wrong, but it was a small percentage of the 1010 business that we have in the community and I think it worked out that it was 27 or 53, the figures were very low, but, those were the people that agreed to the business district. I think they only had like 20 or 25% of the Chamber members that were in favor of doing it. So, that was something entirely different, I think, from what we are doing here. NUNEZ: OK. What I was going to say that the Chamber did have the power to levy the assessment. So, they came to the Councilmembers... TAYLOR: And we turned them down. NUNEZ: You turned them down. Good. Had it been another Council sitting there... TAYLOR: We can't help that. NUNEZ: No, you can't help that. But, had it been another Council, it may have passed. TAYLOR: What's that got to do with this item? NUNEZ: OK. This here, the newsletter. From what I saw... TAYLOR: Excuse me, did you get the newsletter in your home? NUNEZ: No, no, I didn't get the newsletter. TAYLOR: You didn't get it? Mr. Nichols... NUNEZ: But, I read the minutes or the report at the Library. TAYLOR: No, you should have gotten one. VASQUEZ: It's a very good newsletter, Juan, a really good newspaper. NUNEZ: What I was reading is that they estimated they would get so many advertisements. They were wrong on their advertisers that they are asking for $ 1000 for April, May, and June. TAYLOR: $3000. NUNEZ: OK CLARK: Mr. Mayor. Can I clarify? I. believe that if we don't do this, the paper doesn't go out to the residents. The paper will not go to every resident if we don't want to put in the $1000. it will go only to the businesses, is that correct, Dick? NICHOLS: Well, it would cease, because we still do the one to the businesses only, we call it the Business Report. It goes to the Chamber members. Yes, it would cease. CLARK: So, the residents wouldn't get anything. For $1000 we are getting to every resident up to four pages of newsprint. So, we are basically piggy backing on what you are doing anyway. To me it sounds like a good deal. I'm willing to go for three months and try it out. TAYLOR: The Rosemead Report, this goes to the residents? NICHOLS: That goes to every resident. It's distributed by the, not the mail carriers, what do we call them. We were mailing because the Post Office was working with us and we could put postal paper, they finally clammed down and said only City governments could do postal paper and we had to buy address labels, which was going to cost us another $2500 to mail. Now we are distributing... $2500 per month... because it had to be addressed. Anyway, we CC 4 -11 -95 Page N9 0 distribute by the Walking Man to the residents and it is mailed to 1200 businesses. TAYLOR: OK. How many have you mailed or delivered to the residents. NICHOLS: 16,500. TAYLOR: How many times? NICHOLS: The last five months. TAYLOR: Mr. Nunez, I don't know why you haven't gotten one. NUNEZ: I got it, I don't know 3 or 4 months ago, when you mailed it last. NICHOLS: No, the last one went out last Friday. NUNEZ: I didn't get it. The Chamber was going to have a meeting where they could get with the Legislature and maybe being in touch with the Legislature they could pass some action to have them come under a certain umbrella that they would... VASQUEZ: Mr. Nunez, what are you talking about? You are off the subject now from the newsletter. NUNEZ: No, I'm not off the subject. I'm talking about the newsletter the last time that I spoke here. You heard me speak about the Legislature. The Chamber was having that meeting, I don't have it here with me so I can't tell you all of it. What I am saying is that this, the Chamber has gone out and put those banners "Discover Rosemead ", you know they have been there probably about two years, five years. Those things are just flying there. It's a shame to have those things flying there because they are not advertising anything. VASQUEZ: What is your point, what do you want to get across to us. NUNEZ: My point is that I don't think you should give them anymore money. You give them $3200, they want $3000, plus $10,000, that's $13,000. TAYLOR: Mr. Nunez, put it in a little bit of perspective. If I could go to the local businesses up and down Garvey, 1000 businesses in the City of Rosemead and I'm going to say there might be 30 or 40 advertising in here, I didn't count them, but what I would say is that in that newspaper, if you took a quarter of a page and monthly had something in them about this being distributed to all 15,000 homes in Rosemead, you shop and advertise in Rosemead and the benefits come back to us. Our $1000 a month is nothing compared to if the people shop in Rosemead. Our sales taxes have gone down 6% in the last year. NUNEZ: It's going down all over. TAYLOR: No. Alhambra's down 12% on their sales tax. What I am saying is that you've got to try to boost City sales a little bit and this is a very economical way to get to 15,000 households. I would shop in Rosemead and I can get ... the Chamber has a list of 200 members and it's in the back pages of that report every time it comes out, but here are 800 that aren't listed because they are not members. Those 800 if they can see that this letter was going every month to 15,000 homes in their community, then they could see the advantage of it. Nobody wants to buy advertisement that gets basically thrown "willy nilly ". I'm concerned about you not getting the copies. How to check up on these Walkmen that sometimes leave them in the trunk of their car. That might happen one out of a 100 times. NUNEZ: They're doing their job. But, again, let me ask, how many of this 15,000 residents in the City may read that paper? TAYLOR: Juan, you do the best you can. BRUESCH: Excuse me, Mr. Mayor. CC 4 -11 -95 Page #10 VASQUEZ: Bob, I think we got his point. He just doesn't want money to be spent there. Thank you very much, Juan. Call for the question, we've already had a motion and second. IMPERIAL: I want to make a comment. I intend to vote against this, not because I have a problem with the Chamber and their newspaper, but because I want more information on what it would take beside Gardner's fees to put this together for the City of Rosemead. But, I would like to bring out a point. The point is if the majority of the Council decides to do this with the Chamber, I do want the City's recognition in there. Now, take this, I brought this to Don Wagner's attention. The Career Partners is funded to the City of Rosemead and we put that money into the Consortium. It does not say that the City of Rosemead funds this and I want this clear. Number one, this should be straightened out and I want it clear that the City of Rosemead does have it listed as the City of Rosemead, paid for by the City of Rosemead. TAYLOR: Mr. Mayor. He has a very valid point. I wouldn't dispute it. But, that comes down between common courtesy between the Chamber, readers, editors, auditors, call them whatever you want, and the City staff and the City Council. I don't want to read and edit that paper before it goes out. I may complain and argue about something when an article comes about, pout if I don't like it, maybe write a rebuttal to it. But, by the same token, what Mr. Imperial is saying is a very valid point. If we're going to give the Chamber $35 to $40,000, there is no reason why we can't build each other up. If the City of Rosemead should have been listed in that article, maybe the Chamber didn't even know it. IMPERIAL: Let me give you an example, Mr. Taylor. Right here, "funded by the Los Angeles County Private Industry Council in cooperation with Los Angeles County, Board of Supervisors and Bell Gardens and City of Commerce Employment Referral Office ". It does not say that the City of Rosemead put a whole bunch of money into this Consortium and the people in this City should know that we're not sitting here on our hands, that we do have a program and it's paid for through funds for federal government to... NICHOLS: I'd like to just to, and I can't rebut him except that's a paid ad. When paid ads come in copy ready and they pay $400 for that ad, I print them. We will not accept any political ads. But, Jay, you and I know the West San Gabriel Valley Consortium, I'm on the Los Angeles Private Industry Council, that is a paid ad, we print it as it is presented. IMPERIAL: OK. You put out a newspaper and I'll bring it to your attention that this is not in proper order. If you want to take the position that it's a paid ad, right or wrong, then I have a problem with that. I think you're bigger than that, Dick. VASQUEZ: Call for the question. Go ahead, Gary. TAYLOR: Jay, I would agree with Mr. Nichols. Somebody paid for that ad. We don't have the right to edit everybody's ad just as they don't have the right to edit our ads. It's true we can put in news releases and do the same thing they have there. But we can get around it and give it to Mr. Nichols as a news story from the City and not pay the advertisement because we're entitled to four pages of that letter. So, there are ways we can get the City of Rosemead all over that paper, for the Chamber and for the City. I didn't realize it was a paid ad. I can understand now why our name wouldn't be in there. IMPERIAL: It's paid with our money. TAYLOR: Not necessarily. That ad didn't come from the City of Rosemead. IMPERIAL: How does this organization survive? It survives with money from nine different cities, Mr. Taylor. Rosemead being one of them. That's all I'm saying. This money goes into that organization to pay for this. TAYLOR: But, was that put out by the head, whose the head group on that? IMPERIAL: Well, this is the Consortium. TAYLOR: Then the Consortium failed to put our name in there. CC 4 -11 -95 Page 1111 0 0 VASQUEZ: Excuse me. I called for the question, we had a first and second. Please vote. Taken from voting slip: Yes: Clark, Taylor, Vasquez, Bruesch No: Imperial Absent: None Abstain: None CLARK: Mr. Mayor. I would just like the record to show that my Yes vote was for the postage to get this letter out for three months to the residents. It was not to the Chamber of Commerce in supporting them. It's just a matter of getting our message out to the residents. IMPERIAL: I would like the record to show my reason for a No vote verbatim. I would just like to say that it's not to me a matter of money, because we raised the Transient Occupancy Tax in this City to help promote the Chamber of Commerce and I think that some of the money is going in there and that tax is still in effect. So, it's not that. To me it's a what's right and what's wrong. VASQUEZ: Thank you Jay. BRUESCH: I'd like to direct this to Mr. Nichols. I notice that you have the Small Business Advocate which comes from the State Chamber of Commerce. At times, not all the time, they are supporting legislation which our City does not support. Could you have our staff look at that before it is put in there to see that there is no conflict with what our City stands on legislation. NICHOLS: Very definitely, Mr. Bruesch. That's a good point. I do check those over and it's got to be a general legislative business advocate. I appreciate that. TAYLOR: Mr. Mayor. That gets to the censorship that I was talking about. I've opposed the Chamber on principle on many issues in the past, but I also ... when they wanted to pass that occupancy tax that Mr. Imperial mentioned, I supported that because it was a voluntary tax that I think was 54% to 46% when it passed. I think the Council could have killed it if we voted No on it. But, it was an optimistic chance of getting some money, let the Chamber grow in their own "boots" you might say. The business now of getting into the censorship of it, I made the comment that if the Chamber is supporting stuff that the City may be opposed to but it's good for business, and I think that business has it's place to look for tax cuts, preventing excessive taxes and such. The City needs certain taxes, sales taxes and things of that nature. So, it's going to be a give and take. If the Chamber puts something in there, then you might end of getting some "Letters to the Editors" type things that rebut it. But, to edit whatever you put in there, I don't go for that. BRUESCH: Mr. Mayor. I wasn't thinking of editing. All I was asking is for staff to look at it so that in our four pages we can give the City side of the issue. I'm not asking for the ... TAYLOR: That's the point, Bob. I'm not disputing what you're saying. CLARK: Mr. Mayor. I also would like the record to show that the previous issues, at least to my understanding, I think it was the Council's, that this was going to be paid for by the advertising and that our City funds were not going to subsidize the paper. So, anything that has been printed, including the recent issue and previously, was done by the Chamber with advertising money. Anything controversial up to now, we had nothing to do with. NICHOLS: No, that's right. I have to use discretion as to what I put in. But, that's the reason we kept both papers. We do have one that goes to members only that we may take very strong stands on some business issues. TAYLOR: That's fine, that's your letter. NICHOLS: We recognize this as a community newsletter. CC 4 -11 -95 Page #12 TAYLOR: That's a valid point. That settles what Mr. Bruesch is talking about. We've got a community letter, you have your business letter. That takes care of it, Bob. They can send all the tax stuff they want to their members, but not to the public. NICHOLS: Thank you very much. END VERBATIM DIALOGUE. VI. STATUS REPORTS A. CITY INVESTMENT COMMITTEE This item has been deferred. VII. MATTERS FROM OFFICIALS A. REQUEST FROM COMMISSIONER ORTIZ FOR REAPPOINTMENT TO THE ROSEMEAD PLANNING COMMISSION MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that Commissioner Ortiz be reappointed the Rosemead Planning Commission. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. REQUEST FROM COMMISSIONER BEEZLEY FOR REAPPOINTMENT TO THE ROSEMEAD TRAFFIC COMMISSION MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER TAYLOR that Commissioner Beezley be reappointed to the Rosemead Traffic Commission. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. STUDY SESSION REGARDING CHURCHES Mayor Pro Tern Clark requested that this item be on the agenda at the next Council meetina or the following one. Ms. Clark stated that this item can be covered at a regular Council meeting rather than schedule a special Study Session. D. CONTINUED DISCUSSION OF VOTER REFORM BILLS Councilmember Taylor quoted various sections of the "Motor Voter Act" that pertained to no voter registration requirements in an election for federal officers and registration of voters at polling places at the time of voting in a General Election. Mr. Taylor stated that those practices could lead to widespread voter fraud and that the law protects anyone from challenging a person coming in to vote. Mr. Taylor referred to sections that states that data concerning the numbers of voters registered in the past two general elections and the numbers of how many voted in those elections cannot be requested. Mr. Taylor expressed his concern about the ability to audit this program. CC 4 -11 -95 Page #13 9 0 Councilmember Bruesch referred to H.R. 2 and that there are five items in that bill that he is in favor of and one he is not. Mr. Bruesch stated that the items he is in favor of are the notification to registrars of felons to be removed from voter rolls; voting in former voting polls one time after moving; reducing postage rate for registration materials; when changing motor vehicle registration, voter registration automatically changes; and, a requirement that the state's within two years, have in place a systematic removal of voters from rolls after two elections. Mr. Bruesch stated further that the one item he finds reprehensible is that there is no notification, no notarization or no authentication of eligibility requirements, and that one item makes this law a very weak one. Councilmember Taylor pointed various sections that are contradictory. Councilmember Imperial stated that he felt this is a bad bill the Council should go on record as requesting this bill be voided. Mr. Imperial made the motion that this bill be voided. Mayor Pro Tem Clark stated that she agrees with Councilmember Bruesch but that these bills can be addressed in simple, one subject bills. Ms. Clark stated further that in response to her questions about the bill, she was sent that big notebook which though supposedly is an explanation, is confusing because the bill itself appears contradictory within itself. She clarified the motion to support H.R. 370 which repeals the National Voter Registration Act. Councilmember Taylor stated that there are no checks and balances in this bill. Juan Nunez, 2702 Del Mar Avenue, Rosemead, agreed that this bill is not a good one. MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY MAYOR PRO TEM CLARK that the Council support H.R. 370 to repeal the National Voter Registration Act of 1993. Vote resulted: Yes: Clark, Taylor, Vasquez, Imperial No: None Absent: None Abstain: Bruesch The Mayor declared said motion duly carried and so ordered. Councilmember Bruesch requested that record reflect his vote to Abstain because of reasons he stated previously. VII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action at this time, the meeting was adjourned at 9:35 p.m. in memory of Bob Culbertson who passed away on Monday and Charles Storing, former Councilmember of the City of La Puente who passed away last week. The next regular meeting is scheduled for April 25, 1995, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk CC 4 -11 -95 Page #14 �J CITY OF ROSEMEAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REIMBURSABLE CONTRACT THIS CONTRACT entered into this 26th day of April 1994, by and between the City of Rosemead, hereinafter referred to as "CITY," and the Rosemead Chamber of Commerce, hereinafter referred as "OPERATING AGENCY." RECITALS The City of Rosemead has entered into a Contract with the Los Angeles County Community Development Commission (CDC) to execute the City's Community Development Block Grant (CDBG) program under the Housing and Community Development Act of 1974, as amended, hereinafter called the "ACT," and Operating Agency is qualified by virtue of its experience to participate in said program. IN CONSIDERATION of the mutual covenants herein set forth and mutual benefits to be derived therefrom, the parties agree as follows: 1. CONTRACT ADMINISTRATION The City Manager shall have full authority to act for the City in the administration of this Contract, consistent with the provisions contained herein. -1- 2. TIME OF PERFORMANCE Said services of Operating Agency shall commence when and as directed by the City Manager, or a designated representative thereof, and shall be completed no later than June 30, 1994. 3. COMPENSATION AND METHOD OF PAYMENT Upon such performance, the City shall reimburse Operating Agency an amount not -to- exceed $10,000 which shall constitute full and complete reimbursement hereunder provided for the implementation of the project or projects described in Exhibit "A" project description and activity budget, including personnel budget justification. Said reimbursement will only be paid out of federal funds received by the City from the CDC, as part of the Los Angeles County CDBG Program, under the Act for the Fiscal Year indicated in Exhibit "A," project description, for allowable costs (as defined by OMB Circular A -122 Cost Principles for Non - Profit Organizations) actually incurred for the express purposes specified in Exhibit "A." The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of said funds by the City from the CDC, and shall not be a charge on any other funds of the City. 4. PROCEDURES TO IMPLEMENT Operating Agency is authorized to expend funds to initiate the project or projects described in Exhibit "A" to this Contract. 5. PERFORMANCE STANDARDS Operating Agency shall comply with specific project implementation and expenditure standards as adopted by the City Council, if any. -2- 6. STATEMENT OF WORK (a) Description of Work. The Operating Agency is to perform all the services set forth in the Project Description, Exhibit "A," to this Contract, a copy of which is attached hereto and incorporated herein by this reference. A schedule for the completion of these services and goals shall be included in the Project Description. (b) Budget. The Operating Agency is to perform the services set forth in Exhibit 'A," a copy of which is attached hereto and incorporated herein by this reference. No costs incurred which exceed approved cost categories are eligible for reimbursement. 7. RECORDS AND REPORTING (a) Accounting. Operating Agency must establish and maintain on a current basis an. adequate accounting system in accordance with generally accepted accounting principles and standards and OMB Circular A -87 and Los Angeles County Auditor - Controller's handbook. All expenditures must be fully documented by receipts, invoices, canceled checks, inventory records, or other appropriate documentation for non - personal cost, and time records for personnel costs, which completely discloses the amount and nature of the expenditures. (b) Quarterly Reporting. Operating Agency shall submit to the City every three (3) months quarterly reports, which shall be a statement describing the steps and approaches taken to meet the specified goal of Exhibit "A." This report shall include a project activity statement and shall include any program income, any joint funding, and any nonexpendable and expendable personal property purchased or -3- leased with CDBG funds. These reports must trace the Community Development Block Grant funds award to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable Jaw. (c) Revenue Disclosure Requirement. Operating Agency shall make program records available for inspection and audit to City's and CDC's representatives upon request, at any time during the duration of this Contract and during a period of three (3) years thereafter, for each project or business. activity which is funded in whole or in part with grant monies. All such books and records shall be maintained by the Operating Agency at a location in Los Angeles County. Failure of Operating Agency to comply with the requirements of this Section shall constitute a material breach of contract upon which the City may cancel, terminate, or suspend this Contract. (d) Annual Program Evaluation and Periodic Review. Operating Agency shall make available for inspection its performance, financial and all other records pertaining to performance of this Contract to authorized City and CDC personnel, and allow said City and CDC personnel to inspect and monitor its facilities and program operations, including the interview of Operating Agency staff and program participants as required by the City. The Operating Agency agrees to submit all data that are necessary to complete the Annual Grantee Performance Report in accordance with HUD requirements and no later than fifteen (15) days prior to the expiration. of this Contract. -4- (e) Use of Funds for Entertainment. Meals, or Gifts. Operating Agency certified and agrees that it will not use funds provided through this Contract to pay for entertainment, meals, or gifts. (f) Joint Fundino. For programs in which there are sources of funds in addition to CDBG Funds, Operating Agency shall provide proof of such funding. The City shall not pay for any services provided by Operating Agency which are funded by other sources. All restrictions and /or requirements provided for in this Contract relative to accounting,. budgeting, and reporting apply to the total program regardless of funding source. 8. PROGRAM INCOME The Operating Agency shall report quarterly all program income as define at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Operating Agency shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Operating Agency may use such income during the contact period for eligible activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income shall be returned to the City at the end of the contract period. 9. UNIFORM ADMINISTRATIVE REQUIREMENTS AND ASSURANCES (a) Assurances. The Operating Agency hereby assures and certifies that it has complied with the Act,, applicable regulations, policies, guidelines and requirements, and that it will comply with all applicable Federal, State, and local laws, and regulations as they relate to acceptance and use of Federal funds for -5- this Federally assisted program. Also, the Operating Agency give assurance and certified with respect to the program specified in Exhibit "A" that it will comply with OMB Circular A -110 Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non- Profit Organizations; and OMB Circular A -122 Cost Principals for Non - Profit Organizations. Operating Agency further assures and certified that it will comply,with all relevant Federal Regulations an any future amendments or changes to said required assurances and that during the term of . this Contract will maintain current copies of said assurances at the address specified in this Contract. (b) Use of Funds for Political Activities. The Operating Agency is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities as defined in CFR 570.207(a)(3), lobbying, political patronage, and nepotism activities. (c) Compliance with Laws. All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the Act; 24 Code of Federal Regulations, Chapter V, Part 570, including but not limited to uniform administrative requirements, described in 24 CFR 570.502. The Operating Agency shall not assume responsibility for the NEPA environmental responsibilities described by 24 CFR 570.604, nor for the responsibility of initiating the review process under the provisions of 24 CFR Part 52 and Executive Order 12372. 10. CONDITIONS FOR RELIGIOUS ORGANIZATIONS (if applicable) (a) Religious Agency. If Operating Agency represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; the Operating Agency agrees to comply with requirements regarding religious organizations specified in 24 CFR 570.2000). 11.. SUSPENSION AND TERMINATION . (a) Termination and Termination Costs. This Contract maybe terminated at any time by either parry upon giving thirty (30) days notice in writing to the other party. The City Manager or his designee is hereby empowered to give said notice subject to ratification by the City Council. The City may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of the work under this Contract is rendered improbable, infeasible, or impossible. In addition, the Contract may be terminated for convenience in accordance with 24 CFR Sections 85.43 and 85.44. In any event, Operating Agency shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Contract that have not been previously reimbursed, to the date of said termination to the extend CDBG funds are available. The City may also suspend or terminate this Agreement, in whole or in part, if Operating Agency materially fails to comply with any term of this Agreement, or FA with any of the rules, regulations or provisions referred to herein; and the City may declare Operating Agency ineligible for any further participation in City Contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Operating Agency is in noncompliance with any applicable rules or regulations, the City may withhold. up to fifteen (15) percent of said contract funds until. such time as the Operating Agency is found to be in compliance by the City or is otherwise adjudicated to be in compliance. 12. REVERSION OF ASSETS (a) Remaining_ Funds and Accounts Receivable. Upon the expiration of this Contract, Operating Agency shall transfer to City any unused or unencumbered CDBG funds available at the time of expiration and any accounts receivable attributable to the use of CDBG funds. (b) Real Property Acquired or Improved. Upon the expiration of this Contract, any real property acquired or improved in whole or part with CDBG funds in excess of $25,000 by Operating Agency shall dispose of it in accordance with CFR Section 570.503(b)(8). 13. PROCUREMENTS The Operating Agency shall maintain and update annually, an inventory of records for all non - expendable personal property as defined in OMB Circular A -110 with funds provided herein. M 0 The Operating Agency shall procure materials in accordance with the requirements of Attachment O of OMB Circular A -110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. The Operating Agency shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this contract. 14. FISCAL LIMITATIONS The CDC may, in the future, place programmatic or fiscal limitations on CDBG funds not presently anticipated. Accordingly, the City reserves the right to revise this Contract in order to take account of actions affecting CDC program funding. In the event of funding reduction, the City may reduce the budget of this Contract as a whole or as to cost category, may limit the rate of the Operating Agency's use of both its uncommitted and its uncommitted and its unspent funds. Where CDC has directed or requested the City to implement a reduction in funding in whole or as to cost category with respect to funding for this Contract, the City Manager or his designee may act for the City in implementing and effecting such a reduction and in revising the Contract for such purpose. Where the City Manager or his designee has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of the Operating Agency, City Manager, or his designee may act for the City in suspending the operation of this Contract for up to sixty (60) days upon three (3) days notice to Operating Agency of his intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revision made In by the Operating Agency before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. 15. AFFIRMATIVE ACTION The Operating Agency shall make every effort to ensure that all projects funded wholly or in part by HUD CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the Operating Agency shall make every effort to employ residents of the area and shall keep a record of the positions that have been created. directly or as a result of this program. 16. CHANGES The City may from time to time request changes in the scope of services of the Operating Agency to be performed hereunder. Such changes, through a formal contract amendment submitted to the City, which are agreed upon by and between the.City and the Operating Agency. 17. CHANGES IN GRANT ALLOCATION The City reserves the right to reduce the grant allocation when the City's fiscal monitoring indicates that the Operating Agency's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the .Operating Agency. Such changes shall be incorporated into this Contract by written amendments. -10- 0 0 18. NOTICES All notices shall be served in writing. The Notices to the Operating Agency shall be sent to the following address: Rosemead Chamber of Commerce, 3953 Muscatel Avenue, Rosemead, California 91770, Attention: Rosemead Chamber of Commerce Manager. Notices, reports, and statements to the City shall be delivered or sent to the City Manager or his designee, City of Rosemead, P. O. Box 399, Rosemead, California 91770. 19. ASSIGNMENT This Contract is not assignable by Operating Agency without the express written consent of the City. Any attempt by Operating Agency to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 20. INDEMNIFICATION The Operating Agency agrees to indemnify, defend, and hold harmless the City, its agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the Operating Agency's operations, or its services hereunder. 21. CONFLICT OF INTEREST The Operating Agency, its agents, and employees shall comply with all applicable Federal and State charter laws and regulations governing conflict of -11- 0 0 interest. To this end, the Operating Agency will make available to its agents and employees copies of all applicable Federal and State charter laws and regulations governing conflict of interest. 22. DRUG -FREE WORK PLACE POLICY The.Operating Agency, upon notification of contract award, shall establish a Drug -Free Awareness Program to inform employees of the dangers of drug abuse in the work place, the penalties that may be imposed upon employees for drug abuse violations occurring in the work place, and the employee assistance programs available to employees. Each employee engaged in the performance of an Operating Agency contract must be notified of this Drug -Free Awareness Program, and must abide by its terms. 23. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, age, handicap, or national origin, be excluded from participation in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Contract. 24. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES Operating Agency agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate State and Federal audit agencies, it shall be responsible for complying with such exceptions and paying the City the full amount of City's liability to the funding agency resulting from such audit exceptions. spa 0 1 0 25. INDEPENDENT CONTRACTOR Both parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. 26. INSURANCE Without limiting Operating Agency's indemnification of City, Operating Agency shall provide and maintain at its own expense the following insurance coverage throughout the term of this Contract, and Operating Agency shall provide City with proof of the same. General Liability and Property Damage Insurance Unless expressly reduced and such reduction is evidenced by the signature of the requisite officers of the City, Operating Agency shall maintain general liability insurance and property damage insurance in the amount of $500,000 combined single limit. 27. PROCUREMENT CONTRACTS All procurement contracts, unless otherwise specified by Operating Agency shall contain the following clauses: (a) Administrative, contractual or legal remedies for breach of contracts, other than small purchases, and sanctions and penalties for the breach; for all contracts in excess of $10,000; ON (b) Termination for cause and for convenience by Operating Agency and the manner it will be effected; (c) . For all construction contracts in excess of $10,000, compliance with Executive Order 22136 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 22375 of October 13, 1967 and as supplemented in Department of Labor Regulations (41 CPR Part 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federally assisted construction contracts); (d) Compliance with the Copeland "Anti- Kickback' Act (18 U.S.C. 74 as supplemented in Department of Labor Regulations 29 CFR Part 3). (This Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment); (e) For any construction contracts in excess of $2,000, compliance with the Davis -Bacon Act (40 U.S.C. 276 a to a -7) as supplemented by Department of Labor regulations 929 CFR Part 6, (this Act requires provisions with respect to prevailing wages, fringe benefits, payments with deductions or rebates, withholding -14- funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); (f) Notice of any City. requirements and regulations pertaining to reporting copyrights in accordance with 29 CFR 8534; and patents in accordance with 37 CFR part 401; . (g) Access by Operating Agency, the City, the Federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; (h) Retention of all required records for three years after City makes final payments and all other pending matters are closed; (i) With respect to contracts.in excess of $100,000, compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clear Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000); and Q) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 94 -163). 28. The person executing this Contract on behalf of Operating Agency hereby represents and warrants that he or she has full right and legal authority to enter -15- into this Contract and that he or she is authorized to execute this Contract on behalf of Operating Agency. IN WITNESS WHEREOF, the City Mayor of the City of Rosemead has caused this Contract to be subscribed and attested by the City Clerk hereof, and the Operating Agency has subscribed the same through its authorized officer, the day, month and year first above written. "OPERATING AGENCY" .CITY" a non - profit tax exempt CITY OF ROSEMEAD California corporation a municipal corporation By: agr \a4 -10 -16- 0 ATTEST: Mayor City Clerk f37:If:IiE CITY OF ROSEMEAD DEPARTMENT OF COMMUNITY DEVELOPMENT Very Low Income (see attached HUD Income Limits) Low to Moderate Income Other Total White, Non Hispanic Origin American Indian or Alaskan Native Hispanic Asian or Pacific Islander Total Female Headed Households Male Headed Households PROJECT PROGRESS REPORT FORM 1 Direct Benefit Monthly /Quarterly A Totals Cumulative Totals .0 % STATEMENT BY DOMESTIC NONPROFIT CORPORATION THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SECTIONS 6210, 8210, 9660 CORPORATIONS CODE) THE SS FIUNG FEE MUST ACCOIYtPANY THIS STATEMENT 1. C0124519 NU DUE DATE 07 -31 -92 C2323N ROSEMEAD CHAMBER OF COMMERCE 3953 MUSCATEL AVE. ROSEMEAD. CA 91770 DO NOT ALTER PREPRINTED NAME. IF ITEM -1 IS BLANK. PLEASE ENTER CORPORATE NAME I DO NOT WRITE IN THIS SPACE 2. STREET ADDRESS OF PRINCIPAL OFFICE SUITE OR ROOM �Lttrrf� r fang r P.O. Box 944230 Sacramento, CA 94244 -0230 PCTPtM TT of tMtP - Phone: (916) 445-2020 STATEMENT BY DOMESTIC NONPROFIT CORPORATION THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SECTIONS 6210, 8210, 9660 CORPORATIONS CODE) THE SS FIUNG FEE MUST ACCOIYtPANY THIS STATEMENT 1. C0124519 NU DUE DATE 07 -31 -92 C2323N ROSEMEAD CHAMBER OF COMMERCE 3953 MUSCATEL AVE. ROSEMEAD. CA 91770 DO NOT ALTER PREPRINTED NAME. IF ITEM -1 IS BLANK. PLEASE ENTER CORPORATE NAME I DO NOT WRITE IN THIS SPACE 2. STREET ADDRESS OF PRINCIPAL OFFICE SUITE OR ROOM 2A. 28. _ (IF NONE. COMPLETE 3301 3953 Muscatel Ave. Rosemead, CA 91770 (DO NOT USE P.O. BOX NO.) CITY AND STATE ZIP CODE 3. MAILING ADDRESS SUITE OR ROOM 3A. 38. Same CITY AND STATE I ZIP CODE THE NAMES,OF THE_ FOl1 OWING OFFICERS ARE $ > y zy ;3 _`- �t e, . 4. 4A. 48. 4C. Bonnie W. Culbertson 3953 Muscatel Ave. Rosemead, CA 91770 CHIEF EXECUTIVE OFFICER BUSINESS OR RESIDENCE ADDRESS 100 NOT USE P.O. BOX) CT' AND STATE ZIP CODE S. SA. S6. SC. Arnold Darrow 8334 E. Garvey Ave. Rosemead, CA 91770 SECRETARY BUSINESS OR RESIDENCE ADDRESS IDO NOT USE P.O. BOX) CITY AND STATE ZIP CODE 6. BA. 68. 6C. Charlene Babish 8856 E. Valley Blvd. Rosemead, CA 91770 CHIEF FINANCIAL OFFICER BUSINESS OR RESIDENCE ADDRESS IDO NOT USE P.O. BOX) CITY AND STATE ZIP CODE a.. IRO .: DESIGNATED AGENT' FOR"SERVICE OF? PROCESS �A" jO" AOO"'u wa. m .T eusas.. "mAneloRr; rROV ODK ,m. . ....'.x..m Run,m.,T .,c B w Lr.u. ry 7.NAME Bonnie W. Culbertson ° CALIFORNIA STREET ADDRESS IF AGENT IS AN INDIVIDUAL IOU NDT Use P.U. BDXI DO NDT INDLUW APPREaa I, weanr o cwnanwnon 3953,Muscatel Ave. Rosemead, CA 91770 6_`9 t'!,0 Bonnie W. Culbertson DATE TITLE TYPE OR PRINT NAME OF SIGNING OFFICER OR AGENT I' 0 CITY OF ROSEMEAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REIMBURSABLE CONTRACT THIS CONTRACT entered into this 26th day of April 1994, by and between the City of Rosemead, hereinafter referred to as "CITY," and the Rosemead Chamber of Commerce, hereinafter referred as "OPERATING AGENCY." RECITALS The City of Rosemead has entered into a Contract with the Los Angeles County Community Development Commission (CDC) to execute the City's ti Community Development Block Grant (CDBG) program under the Housing and Community Development Act of 1974, as amended, hereinafter called the "ACT," and Operating Agency is qualified by virtue of its experience to participate in said program. IN CONSIDERATION of the mutual covenants herein set forth and mutual benefits to be derived therefrom, the parties agree as follows: 1. CONTRACT ADMINISTRATION The City Manager shall have full authority to act for the City in the administration of this Contract, consistent with the provisions contained herein. -1- • 2. TIME OF PERFORMANCE Said services of Operating Agency shall commence when and as directed by the City Manager, or a designated representative thereof, and shall be completed no later than June 30, 1994. 3. COMPENSATION AND METHOD OF PAYMENT Upon such performance, the City shall reimburse Operating Agency an amount not -to- exceed $10,000 which shall constitute full and complete reimbursement hereunder provided for the implementation of the project or projects described in Exhibit "A" project description and activity budget, including personnel budget justification. Said reimbursement will only be paid out of federal funds received by the City from the CDC, as part of the Los Angeles County CDBG Program, under the Act for the Fiscal Year indicated in Exhibit "A," project description, for allowable costs (as defined by OMB Circular A -122 Cost Principles for Non - Profit Organizations) actually incurred for the express purposes specified in Exhibit "A." The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of said funds by the City from the CDC, and shall not be a charge on any other funds of the City. 4. PROCEDURES TO IMPLEMENT Operating Agency is authorized to expend funds to initiate the project or projects described in Exhibit "A" to this Contract. 5. PERFORMANCE STANDARDS Operating Agency shall comply with specific project implementation and expenditure standards as adopted by the City Council, if any. -2- 0 v 6. STATEMENT OF WORK (a) Description of Work. The Operating Agency is to perform all the services set forth in the Project Description, Exhibit "A," to this Contract, a copy of which is attached hereto and incorporated herein by this reference. A schedule for the completion of these services and goals shall be included in the Project Description. (b) Budget. The Operating Agency is to perform the services set forth in Exhibit "A," a copy of which is attached hereto and incorporated herein by this reference. No costs incurred which exceed approved cost categories are eligible for reimbursement. 7. RECORDS AND REPORTING (a) Accounting. Operating Agency must establish and maintain on a current basis an adequate accounting system in accordance with generally accepted accounting principles and standards and OMB Circular A -87 and Los Angeles County Auditor - Controller's handbook. All expenditures must be fully documented by receipts, invoices, canceled checks, inventory records, or other appropriate documentation for non - personal cost, and time records for personnel costs, which completely discloses the amount and nature of the expenditures. (b) Quarterly Reporting. Operating Agency shall submit to the City every three (3) months quarterly reports, which shall be a statement describing the steps and approaches taken to meet the specified goal of Exhibit "A." This report shall include a project activity statement and shall include any program income, any joint funding, and any nonexpendable and expendable personal property purchased or -3- leased with CDBG funds. These reports must trace the Community Development Block Grant funds award to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable law. (c) Revenue Disclosure Requirement. Operating Agency shall make program records available for inspection and audit to City's and CDC's representatives upon request, at any time during the duration of this Contract and during a period of three (3) years thereafter, for each project or business activity which is funded in whole or in part with grant monies. All such books and records shall be maintained by the Operating Agency at a location in Los Angeles County. Failure of Operating Agency to comply with the requirements of this Section shall constitute a material breach of contract upon which the City may cancel, terminate, or suspend this Contract. (d) Annual Program Evaluation and Periodic Review. Operating Agency shall make available for inspection its performance, financial and all other records pertaining to performance of this Contract to authorized City and CDC personnel, and allow said City and CDC personnel to inspect and monitor its facilities and program operations, including the interview of Operating Agency staff and program participants as required by the City. The Operating Agency agrees to submit all data that are necessary to complete the Annual Grantee Performance Report in accordance with HUD requirements and no later than fifteen (15) days prior to the expiration of this Contract. 13 L (e) Use of Funds for Entertainment, Meals. or Gifts. Operating Agency certified and agrees that it will not use funds provided through this Contract to pay for entertainment, meals, or gifts. (f) Joint Funding. For programs in which there are sources of funds in addition to CDBG Funds, Operating Agency shall provide proof of such funding. The City shall not pay for any services provided by Operating Agency which are funded by other sources. All restrictions and /or requirements provided for in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding source. 8. PROGRAM INCOME The Operating Agency shall report quarterly all program income as define at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Operating Agency shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Operating Agency may use such income during the contact period for eligible activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income shall be returned to the City at the end of the contract period. 9. UNIFORM ADMINISTRATIVE REQUIREMENTS AND ASSURANCES (a) Assurances. The Operating Agency hereby assures and certifies that it has complied with the Act, applicable regulations, policies, guidelines and requirements, and that it will comply with all applicable Federal, State, and local laws, and regulations as they relate to acceptance and use of Federal funds for -5- this Federally assisted program. Also, the Operating Agency give assurance and certified with respect to the program specified in Exhibit "A" that it will comply with OMB Circular A -110 Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non - Profit Organizations; and OMB Circular A -122 Cost Principals for Non - Profit Organizations. Operating Agency further assures and certified that it will comply with all relevant Federal Regulations an any future amendments or changes to said required assurances and that during the term of this Contract will maintain current copies of said assurances at the address specified in this Contract. (b) Use of Funds for Political Activities. The Operating Agency is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities as defined in CFR 570.207(a)(3), lobbying, political patronage, and nepotism activities. (c) Compliance with Laws. All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the Act; 24 Code of Federal Regulations, Chapter V, Part 570, including but not limited to uniform administrative requirements, described in 24 CFR 570.502. The Operating Agency shall not assume responsibility for the NEPA environmental responsibilities described by 24 CFR 570.604, nor for the responsibility of initiating the review process under the provisions of 24 CFR Part 52 and Executive Order 12372. 0 10. CONDITIONS FOR RELIGIOUS ORGANIZATIONS (if applicable) (a) Religious Agency. If Operating Agency represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; the Operating Agency agrees to comply with requirements regarding religious organizations specified in 24 CFR 570.2000). 11. SUSPENSION AND TERMINATION (a) Termination and Termination Costs. This Contract maybe terminated at any time by either party upon giving thirty (30) days notice in writing to the other party. The City Manager or his designee is hereby empowered to give said notice subject to ratification by the City Council. The City may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of the work under this Contract is rendered improbable, infeasible, or impossible. In addition, the Contract may be terminated for convenience in accordance with 24 CFR Sections 85.43 and 85.44. In any event, Operating Agency shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Contract that have not been previously reimbursed, to the date of said termination to the extend CDBG funds are available. The City may also suspend or terminate this Agreement, in whole or in part, if Operating Agency materially fails to comply with any term of this Agreement, or -7- 0 with any of the rules, regulations or provisions referred to herein; and the City may declare Operating Agency ineligible for any further participation in City Contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Operating Agency is in noncompliance with any applicable rules or regulations, the City may withhold up to fifteen (15) percent of said contract funds until such time as the Operating Agency is found to be in compliance by the City or is otherwise adjudicated to be in compliance. 12. REVERSION OF ASSETS (a) Remaining Funds and Accounts Receivable. Upon the expiration of this Contract, Operating Agency shall transfer to City any unused or unencumbered CDBG funds available at the time of expiration and any accounts receivable attributable to the use of CDBG funds. (b) Real Property Acquired or Improved. Upon the expiration of this Contract, any real property acquired or improved in whole or part with CDBG funds in excess of $25,000 by Operating Agency shall dispose of it in accordance with CFR Section 570.503(b)(8). 13. PROCUREMENTS The Operating Agency shall maintain and update annually, an inventory of records for all non - expendable personal property as defined in OMB Circular A -110 with funds provided herein. 0 The Operating Agency shall procure materials in accordance with the requirements of Attachment O of OMB Circular A -110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. The Operating Agency shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this contract. 14. FISCAL LIMITATIONS The CDC may, in the future, place programmatic or fiscal limitations on CDBG funds not presently anticipated. Accordingly, the City reserves the right to revise this Contract in order to take account of actions affecting CDC program funding. In the event of funding reduction, the City may reduce the budget of this Contract as a whole or as to cost category, may limit the rate of the Operating Agency's use of both its uncommitted and its uncommitted and its unspent funds. Where CDC has directed or requested the City to implement a reduction in funding in whole or as to cost category with respect to funding for this Contract, the City Manager or his designee may act for the City in implementing and effecting such a reduction and in revising the Contract for such purpose. Where the City Manager or his designee has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of the Operating Agency, City Manager, or his designee may act for the City in suspending the operation of this Contract for up to sixty (60) days upon three (3) days notice to Operating Agency of his intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revision made U1 0 by the Operating Agency before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. 15. AFFIRMATIVE ACTION The Operating Agency shall make every effort to ensure that all projects funded wholly or in part by HUD CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the Operating Agency shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this program. 16. CHANGES The City may from time to time request changes in the scope of services of the Operating Agency to be performed hereunder. Such changes, through a formal contract amendment submitted to the City, which are agreed upon by and between the City and the Operating Agency. 17. CHANGES IN GRANT ALLOCATION The City reserves the right to reduce the grant allocation when the City's fiscal monitoring indicates that the Operating Agency's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the Operating Agency. Such changes shall be incorporated into this Contract by written amendments. -10- 0 18. NOTICES All notices shall be served in writing. The Notices to the Operating Agency shall be sent to the following address: Rosemead Chamber of Commerce, 3953 Muscatel Avenue, Rosemead, California 91770, Attention: Rosemead Chamber of Commerce Manager. Notices, reports, and statements to the City shall be delivered or sent to the City Manager or his designee, City of Rosemead, P. O. Box 399, Rosemead, California 91770. 19. ASSIGNMENT This Contract is not assignable by Operating Agency without the express written consent of the City. Any attempt by Operating Agency to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 20. INDEMNIFICATION The Operating Agency agrees to indemnify, defend, and hold harmless the City, its agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the Operating Agency's operations, or its services hereunder. 21. CONFLICT OF INTEREST The Operating Agency, its agents, and employees shall comply with all applicable Federal and State charter laws and regulations governing conflict of -11- interest. To this end, the Operating Agency will make available to its agents and employees copies of all applicable Federal and State charter laws and regulations governing conflict of interest. 22. DRUG -FREE WORK PLACE POLICY The Operating Agency, upon notification of contract award, shall establish a Drug -Free Awareness Program to inform employees of the dangers of drug abuse in the work place, the penalties that may be imposed upon employees for drug abuse violations occurring in the work place, and the employee assistance programs available to employees. Each employee engaged in the performance of an Operating Agency contract must be notified of this Drug -Free Awareness Program, and must abide by its terms. 23. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, age, handicap, or national origin, be excluded from participation in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Contract. 24. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES Operating Agency agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate State and Federal audit agencies, it shall be responsible for complying with such exceptions and paying the City the full amount of City's liability to the funding agency resulting from such audit exceptions. -12- 0 • 25. INDEPENDENT CONTRACTOR Both parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one parry shall not be deemed or construed to be the agent or employees of the other parry for any purpose whatsoever. 26. INSURANCE Without limiting Operating Agency's indemnification of City, Operating Agency shall provide and maintain at its own expense the following insurance coverage throughout the term of this Contract, and Operating Agency shall provide City with proof of the same. General Liability and Property Damage Insurance Unless expressly reduced and such reduction is evidenced by the signature of the requisite officers of the City, Operating Agency shall maintain general liability insurance and property damage insurance in the amount of $500,000 combined single limit. 27. PROCUREMENT CONTRACTS All procurement contracts, unless otherwise specified by Operating Agency shall contain the following clauses: (a) Administrative, contractual or legal remedies for breach of contracts, other than small purchases, and sanctions and penalties for the breach; for all contracts in excess of $10,000; -13- 0 0 (b) Termination for cause and for convenience by Operating Agency and the manner it will be effected; (c) For all construction contracts in excess of $10,000, compliance with Executive Order 22136 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 22375 of October 13, 1967 and as supplemented in Department of Labor Regulations (41 CPR Part 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federally assisted construction contracts); (d) Compliance with the Copeland "Anti- Kickback' Act (18 U.S.C. 74 as supplemented in Department of Labor Regulations 29 CFR Part 3). (This Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment); (e) For any construction contracts in excess of $2,000, compliance with the Davis -Bacon Act (40 U.S.C. 276 a to a -7) as supplemented by Department of Labor regulations 929 CFR Part 6, (this Act requires provisions with respect to prevailing wages, fringe benefits, payments with deductions or rebates, withholding 14- 0 0 funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); (f) Notice of any City requirements and regulations pertaining to reporting copyrights in accordance with 29 CFR 8534; and patents in accordance with 37 CFR part 401; (g) Access by Operating Agency, the City, the Federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; (h) Retention of all required records for three years after City makes final payments and all other pending matters are closed; (i) With respect to contracts in excess of $100,000, compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clear Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000); and 0) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 94 -163). 28. The person executing this Contract on behalf of Operating Agency hereby represents and warrants that he or she has full right and legal authority to enter -15- 0 into this Contract and that he or she is authorized to execute this Contract on behalf of Operating Agency. IN WITNESS WHEREOF, the City Mayor of the City of Rosemead has caused this Contract to be subscribed and attested by the City Clerk hereof, and the Operating Agency has subscribed the same through its authorized officer, the day, month and year first above written. "OPERATING AGENCY" a non - profit tax exempt California corporation "CITY" CITY OF ROSEMEAD a municipal corporation By: By: Mayor agr \a4 -10 16- ATTEST: � L City' Clerk EXHIBIT D CITY OF ROSEMEAD DEPARTMENT OF COMMUNITY DEVELOPMENT PROJECT PROGRESS REPORT FORM 1 Direct Benefit Monthly /Quarterly Totals Cumulative Totals A % # % Very Low Income. (see attached HUD Income Limits) Low to Moderate Income Other Total White, Non Hispanic Origin American Indian or Alaskan Native Hispanic Asian or Pacific Islander Total Female Headed Households Male Headed Households TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER � DATE: JANUARY 4, 1990 RE: ORDINANCE NO. 656 - APPROVING ZONE CHANGE 89 -170 FROM R -1 TO C -3D AND GENERAL PLAN AMENDMENT 89 -3 FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL FOR PROPERTY LOCATED AT 3953 MUSCATEL AVENUE The Planning Commission on December 18, 1989, reviewed a request from Bonnie Culbertson for Zone Change Case No. 89 -170 from R -1 to C -3D zone and General Plan Amendment No. 89 -3 from low density residential to commercial designation in order to convert a dwelling into office use for the Chamber of Commerce Visitor Information Center for property located at 3953 Muscatel Avenue. After hearing all pertinent testimony regarding the request, the Planning Commission voted to approve the request. Included for your review are the following: 1. Site plan and floor plan, marked Exhibit "B" and "C" 2. Excerpts of the Planning Commission minutes dated 12 -18 -89 3. Planning Commission backup information 4. Ordinance No. 656 5. Planning Commission Resolution No. 90 -2 6. City Council Resolution No. 90 -6 RECOMM@IDATION After closing the public hearing, staff recommends introduction of Ordinance No. 656 and approval of Zone Change Case No. 89 -170 and General Plan Amendment 89 -3. r CDC: op TZC170 /1 .COUNCIL AGENDA .JAN 91990 ITEM No. /z %srvL Fil-�)4177 T'e 1 a N s yvrr 0 v L> L `S J J 3 � c � 3a - .L Q ►dJ x7.65 I1 �I 1 1 i 14v1 -1 -1 3a - .L Q ►dJ x7.65 I1 �I 1 1 i 14v1 WALL C.EGEtiD ivElJ T170 /�CSc.D � O MeN: R. R EVA [aAC= alvine,vs> i WORK Room /✓I A ✓ nl'fltE go,k KO ROvM CITY OF ROSEMEAD . CASE Flo._ �- iGIOIML DOORS lNr.9 pc—' laom V lam_ � KAmV OFFICE /✓�c � � iNG Roor< m IIRNCrcAr <;rpen "d a?. PC Minutes 12 -18 -89 page 2. Discussion by.the Commission: Commissioner Young referred to condition #9 and suggested to include that no mini - market and no liquor store be permitted. There being no objection from the Commission, the Chairman�so ordered. (MO) It was moved by Commissioner Young, seconded by Commissioner Lowrey, to approve the Negative Declaration, Tentative Parcel Map 21133, Conditional Use Permit 89 -464, Design Review 89 -44 and Zone Variance 89 -193, subject to the conditions as amended. Vote resulted: Yes: Lowrey, Ortiz, Young, Clark Absent: Mattern 7. ZONE CHANGE 89-170 & General Plan Amendment 89 -3 - 3953 Muscatel Avenue - Request from Bonnie Culbertson for a change of zone from R -1 to C3 -D and a General Plan Amendment from low density Residential to Commercial designation to convert an existing dwelling into a Visitor Information Center. Mr. Tarr presented the staff report with the recommendation to approve. The Chairman opened the public hearing. Addressing the Commission in favor of the request was Bonnie Culbertson, 9054 E. Garvey Avenue, Rosemead. Mrs. Culbertson described the problems encountered in searching for commercial property to locate a visitor information center and added that the Chamber of Commerce did not consider itself commercial; that the use would be very compatible to the neighborhood, that the exterior of the building would remain the same; and that there had been no opposition from neighbors, including the one right next door. Mrs. Culbertson further stated that the alley to the north would be closed off so that the restaurants on Valley could not use it for parking during the evening; that the existing wall would be repaired; that there would be no lighting of the parking lot since it would not be used after 5:00 p.m. or on weekends. s There being no one else wishing to address the Commission, the Chairman closed the public hearing. (MO) Without further discussion it was moved by Commissioner Lowrey, seconded by Commissioner Young, to approve Zone Change 89 -170 and General Plan Amendment 89 -3. Vote resulted: Yes: Lowrey, Ortiz, Young, Clark Absent: Mattern OTHER BUSINESS S. PC RESOLUTION 89 -86 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL APPROVAL OF PARCEL MAP 21312 (A SUBDIVISION OF AN EXISTING PARCEL INTO FOUR LOTS FOR THE CONSTRUCTION OF FOUR SINGLE - FAMILY DWELLINGS IN THE R -1 ZONE) FOR PROPERTY LOCATED AT 4502 EARLE AVENUE, ROSEMEAD. 9. PC RESOLUTION 89 -87 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL APPROVAL OF PARCEL MAP 21550 (A CONSOLIDATION OF TWO PARCELS INTO ONE FOR THE CONSTRUCTION OF A TWO -STORY OFFICE BUILDING IN THE C -3 ZONE) FOR PROPERTY LOCATED AT 2446 SAN GABRIEL BOULEVARD, ROSEMEAD. Mr. Wagner read the resolutions by title only. o/. Staff Report for Planning Commission Meeting of December 18, 1989 CASE NO.: Zone Change 89 -170 APPLICATION REQUEST: A zone change from R -1 to C -3D and a General Plan Amendment from low density Residential to Commercial in order to convert a dwelling into office use. LOCATION: 3953 Muscatel Avenue Rosemead, CA 91770 APPLICANT: Bonnie Culbertson 9054 E. Garvey Avenue Rosemead, CA 91770 (Rosemead Chamber of Commerce) PUBLIC HEARING NOTICE: Notice was published in the Rosemead Independent on 12 -7 -89 and 26 notices were mailed to property owners within 300 feet of the subject properties on 12 -8 -89. EXHIBITS: Application Site Plan stamped Exhibit B F1oor.Plan stamped Exhibit C Assessor's Map, Book 5390, page 10, parcel 35 Existing Zoning Map Proposed Zoning Map General Plan Land Use Policy Area 2 Environmental Checklist Negative Declaration Applicant letter, dated 12 -5 -89 GENERAL PLAN: R -1 ZONING: R -1 MUNICIPAL CODE REQUIREMENTS - ZONE CHANGES: 9185 Zone Changes. Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, the Planning Commission or City Council, upon its own motion, or upon the verified application of one or more owners, or of a public or private agency that is or will be a plaintiff in eminent domain with respect to property affected by such zoning or regulation, may initiate proceedings to change any zone or regulation established by this Chapter. STATE CODE REQUIREMENTS - ZONE CHANGES: 65860. (a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with the city or county general plan only if: (i) the city or county has officially adopted such a plan, and (ii) the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in such a plan. ENVIRONMENTAL ASSESSMENT: Based on an initial study, the proposed zone change qualifies for a Negative Declaration in accordance with CEQA and local regulations. SURROUNDING ZONES AND LAND USES: To the south and west is R -1 and developed accordingly. To the north is C -3 developed as commercial uses. To the east is governmental uses consisting of the L.A. County Library and City Hall. STAFF REPORT ('P Zone Change 89 -170 12 -18 -89 page 2. DESCRIPTION OF PROPERTY AND IMPROVEMENTS The subject property consists of a rectangular shaped parcel with 12,128 sq. ft. in land area. The parcel fronts on Muscatel Avenue which is designated as a collector street according to the Circulation Element of the Rosemead General Plan. The site's northerly boundary line abuts the C -3D zoned property on Valley Boulevard. The property is currently developed with a single family dwelling. ADMINISTRATIVE COMMENTS AND ANALYSIS: The Chamber of Commerce is now requesting a zone change and General. Plan Amendment' in- ,order to convert an, :'existing dwelling into a Visitors Information Center. As -the Planning Commission may be aware, Rosemead voters approved in -1987 an increase,in the transient occupancy tax from 6% to 8% in order to finance a Visitors Information Center. Since 1986, the Chamber has been searching for a suitable location to house the information center. Several factors affect the proposed location of the visitors center. Those factors include proximity to the established commercial district as well as being near the Civic Center Complex. The Chamber now believes the location presented here is the best alternative available. Staff has reviewed the proposed zone change and has the following comments. Since the 'property abuts a commercial area to the north, the request seems to be a logical extension to the commercial zone. Staff recommends that this property be classified as a C -3 zone with a (D) design overlay. This would allow the City to review any future development that should occur on the property. The Chamber has presented a concept,site plan and a floor plan for the Planning Commission's consideration. It should be noted that these plans are presented to the Planning Commission as concept drawings and should not be considered final drawings. If the zone change were to be approved, more detailed plans would be brought back to the Planning Commission for consideration. Any future project would be required to meet the City's existing Design Review standards. Additionally, the project would be required to meet'all zoning and building standards contained in the C -3 zone and Uniform Building Code. RECOMMENDATION: Based upon the evidence presented, staff recommends that the Planning Commission make the required findings set forth in Section 9185 of the Rosemead Municipal Code; approve the Negative Declaration, and approve Zone Change 89 -170, and General Plan Amendment 89 -3. r" - • � r� 11 .may < _�.v ✓ �_.. �..-. � ' � \ 8 2_8 `:ALLEY BOULEVARD, ROSEcUD, G1C!FORiIA „> 288 -6571 CHANGE OF ZONE REQUEST lNl /) Lu.✓ Requirements for Filing A Zone Change: I. Filing Fee: The City of Rosemead Municipal Code requires .a filing fee to be paid at the time of filing an application. Fee ig 5335:00, which includes the Environmental Assessment fee of $100.00, and the Radius Map fee of 535.00. 2. Zone Change Application shall be filled out completely with answers provided to each question.` The application shall be signed by the property owner and theerty. `back' question. The ap. When the'application incorporates more than one property °owner* written`cc, sent must be'sutimitted by all owners filing the application.••1. 3 Architectural`Drawing Precise Plot Plans Photographs - Optional 4. imilar materials Precise plot plan's, photographs, architectural drawings or s at a scale large enough to.il'lustrate the various matters relating to the application, although not required, are helpful and are suggested for exhibition purposes. (Materials will be returned to the applicant upon request.) 4. Initial Review Information to assist in the evaluation of the zone change re- quest may include all or part of the following areas of consideration: - Existing site plan containing all improvements and uses. - Environmental Assessment form -Title Report - Traffic or sound studies -Any other area of related inquiry that may be directed uy the Planning Department. When the above requirements are 'met (application, fees and intial review information) it may be considered for application. The application must be complete in every re- spect, with all related questions answered, before the Planning Department can accept and certify the application. I o r of prepared in herein and and correct to OWNER'S AFFIDAVIT part or all f t e Pr compliance with e req .that the statements and the best of my /our knowl hereby certify that I /Ne am /are the er involved and that this application has been y . irements of the Rosemead ,junicipal Code as printed information provided are in all respects true and edge and belief. APPLICANT: PROPERTY OWNER(S): Signed :`� Mailing 9054 E. Garvey Ave. Address: Rosemead, CA 91770 Telephone: (818) 288 -0811 Mailing Address: Telephone: J-� 19 Subscribed and sworn to before me this .29 � day of �' `� 1- cL —1 Notar. Public ♦fir. H fH,Y � r� ��M �'�MM� ' ;:� Of fh;llE SEAL i C�Ca K Pitzer j po \ OfTCL IN LCS• G GI ES CCCNTY / Mf Ummissinn Exp.:es Feb. 5.'1991 , t- Change of Zone Request, Page Two TO THE CITY OF ROSEMEAD PLANNING COMMISSION AND CITY COUNCIL: I /We the owner(s), of real property as described herein, hereby petition to have Part XXV, Rosemead Ordinance No. 112, amended by reclassifying.from R1 zone to P.C. zone, the .property described hereon. 3953 Muscatel Avenue Rosemead, CA 91770 Property.address or location: In the State of California County of Los Angeles an city of Rosemead: The North 57.65 feet of the South Property's full legal description:214 65 fppr of lnt I in Tr" t iirn as — on " map thereof recorded in Book 37 page 1 of.Maps in the Office of the County Recorder of the Inc Anooelec County- C^1afnrnia ` (NOTE: 'PLEASE ATTACH A SEPARATE SHEET SHOULD THE FULL LEGAL DESCRIPTION OR THE ANSWERS TO THE FOLLOWING QUESTIONS REQUIRE MORE SPACE THAN IS PROVIDED ON THIS APPLICATION.) 1. Does the public necessity support or require the proposed change? Is there a real need in the community for more of the types of uses permitted by the zone requested? (Fully explain your answers, considering the surrounding properties and land uses as well.) 2.' Is the property involved in the proposed rezoning more suitable for the purposes permitted in the proposed zone than for the purposes permitted in the present zone? (Please answer completely listing all reasons for your answer.) 3. Would the uses permitted by the proposed zone be in any way detrimental to sur- rounding properties? (Explain reasons supporting your answer.) REQUIRED FINDINGS The following findings must be found in the affirmative to approve the proposed zone change request: 1. The proposed change of zone meets the intent and is consistent with the General Plan and /or specific plan applicable to the area. 2. The proposed change of zone provides for the logical and best uses for the pro- perty or properties involved, and does not constitute a spot zoning situation. 3. The proposed change of zone is necessary to provide for the general welfare and benefit of the public at large. IMPORTANT -YOU WILL BE NOTIFIED BY MAIL APPROXIMATELY TEN (10) DAYS PRIOR TO THE PUBLIC HEARING IN YOUR CASE. -YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THE PUBLIC HEARING. - APPLICATION FORM AND SUPPLEMENTAL DATA MUST BE COMPLET IN EVERY DETAIL BEFORE THEY WILL BE ACCEPTED FOR CONSIDERATION. _FOR_OFFICE USE ONLY---DO NOT WRITE BELOW THIS LINE _ _ _ _ _ _ _ _ CERTIFICATION This is to certify that the foregoing application has been inspected by me and found to be complete and acceptable for filing with the Planning Commission and City Council Received by: Date: Date: Certified complete by: planning Officer m z O n I n�i m Z Z m O IP o m :N 10 m � ] N N — C n N W I J J] I (P D I� Im I% 11 � m r I i� fo n D W rn 1 � I I I Im 1 I C) � 10 V GERNERT so Cl rCn O w C ° C ro o. m _0 AVE. ° 50 N w /tf l6 L a sic O b O O :N I o -- tsT.]o AIL I O = �! L_____ a!JNc^ I O c SraS IT JO -- 3 r Ot at e3 m ., to .ve ro• JI aL AVE. ° 50 N w /tf l6 e v /S99i Ln -1 O O :N I . +o •0 n = �! 0 m SraS r S)6 /5906 r Ot at e3 m m Is W s.' x O � o I" Oo I ��I V O 10 ti N %SO m e �fsl L . X9]1 _a 10 Ln .00 —Tm wtea. ' .af Jz 50 WpO r00 D r r m 20� " 71A440r c, 5 \� S��\ 4 O 1 BARTIETT AVE. W03 1 I s V . +o •0 n iii' A Sri6 SraS - v u V..S 9 O ° _ o Is W s.' x o tier I �9J c < m Ie Iz Wa JJ � V /^I AVE. MUSCATEL 20� " 71A440r c, 5 \� S��\ 4 O 1 BARTIETT AVE. W03 1 I . +o •0 n iii' A 914W(f V V AIIA er CIS O co LLJ >1 -4- r co �c A �9��j .15 -- ----- 01 T7 5- 01_ S"q iz-, ---- - ------------- LN cc) r co, CO 1-3 co 3�03&' 7 R n' I 4, 0-133 N E'V L) .1A Al E. Z, 2: 20 ___0 37 ro 3 L3 8 8 0 p I? C14 bo E: �9 nN CZ) Lf) 6 Ln -4 --- ----- L 00 !0 K-to 76 ST. r 10 031 B/ pw� - GU 4 t ST COUNTY L BRI C.S.8-2920 fiNd I f E',cR EAS.', 39 r, SO cl JQ -E. .1 .. OD Ln AVM17 pm IrM1 - - - - - - - - - - - - - - - - - - O co LLJ >1 -4- r co �c A �9��j .15 -- ----- 01 T7 5- 01_ S"q iz-, ---- - ------------- LN cc) r co, CO 1-3 co 3�03&' 7 R n' I 4, 0-133 N E'V L) .1A Al E. Z, 2: 20 ___0 37 ro 3 L3 8 8 0 p I? C14 bo E: �9 nN CZ) Lf) 6 Ln -4 --- ----- L 00 !0 K-to 76 ST. r 10 031 B/ pw� - GU 4 t ST COUNTY L BRI C.S.8-2920 fiNd I f E',cR EAS.', 39 r, SO cl JQ -E. .1 .. OD Ln pm 459 O co LLJ >1 -4- r co �c A �9��j .15 -- ----- 01 T7 5- 01_ S"q iz-, ---- - ------------- LN cc) r co, CO 1-3 co 3�03&' 7 R n' I 4, 0-133 N E'V L) .1A Al E. Z, 2: 20 ___0 37 ro 3 L3 8 8 0 p I? C14 bo E: �9 nN CZ) Lf) 6 Ln -4 --- ----- L 00 !0 K-to 76 ST. r 10 031 B/ pw� - GU 4 t ST COUNTY L BRI C.S.8-2920 fiNd I f E',cR EAS.', 39 r, SO cl JQ -E. A rl PM .N 745,9 -/7v il-7 pl, CD 0, U). 5 'C C6 e:. CU co S 3 �03& . ...... J— - /1-26.33 e)-133 t-,'0 AV E. 880 11- 4 2D 0 9 00 GUESS COUNTY L 8R = ROS! C.S.13 - 2S CI N Law Ma sE4 EAS, 7q �)7 `I ;I 7170 Ic tA Ir -r r 3�o cy ci CD 0, U). 5 'C C6 e:. CU co S 3 �03& . ...... J— - /1-26.33 e)-133 t-,'0 AV E. 880 11- 4 2D 0 9 00 GUESS COUNTY L 8R = ROS! C.S.13 - 2S CI N Law Ma sE4 EAS, 7q �)7 `I ;I 7170 Ic tA Ir -r r A FIGURE LU -2 Land Use Policy Planning Area 2 P Low Density Residential ? High Density Residential., �C'000 :ocoJCCoc O Mixed Use: Residential /Commercial Commercial Public Facilltlea lrrri�K.4z �G�`1N r City of Rosemead General Plan COTT ON/ BEL AND/ ASS OCI ATE S II PLANNING AREA OWd . 1 �r OOCn O. ;c 0000„ 'A r 07 e s....� yoouJOC L• /� 0 �a�0 —U�: Ire {r d ,i_�_. ..IOn::nt LLL.:i411 Valley Blvd. I d L i ,JF g, Marshall St. :. o,., octi•:� ,clEl San Bernadino c Fwy. (e ie CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA NEGATIVE DECLARATION ZONE CHANGE 89 -170 Description of Protect A zone change from R -1 to C -3D and a General Plan Amendment from low density Residential to Commercial in order to convert a dwelling into office use. Location of Project 3953 Muscatel Avenue Project'Proponents Rosemead Chamber of Commerce 9054 E. Garvey Avenue Rosemead, CA 91770 Lead Agencv City of Rosemead 8838'Valley Boulevard Rosemead, CA 91770 Findings of Environmental Effect Based on the findings in the Environmental Questionnaire, it would appear that there would be no significant effect on the environment and would appear logical to claim a Negative Declaration for this project. Further Findings Additional mitigation measures are not necessary to avoid potentially significant effects. This Negative Declaration was prepared pursuant to the— California Environmental Quality Act of 1970 (CEQA), Public Resources Code No. 21]00, et seq., and follows the EIR Guidelines adopted by the State Secretary of Resources on February 3, 1973, as amended. Prepared by: Gary D. Chicots, Director of Planning Certification Date I /0?. P ENVIRONMENTAL CHECKLIST FORM Phase 2 of Initial Study to be completed by Lead Agency I. BACKGROUND 1. Name of Proponent. Rosemead Chamber of Commerce 2. Address and Telephone Number of Proponent: 9054 Garvey Avenue Rosemead, CA 91770 '.3.. of Checklist suom:ticd : iu -lu -o7 ,Date 4. Agency Requi "ring Check'1°ist" -• " -City of Rosemead 5. Name of Proposal, if applicable: zone Change Case No. 89 -150 II. ENVIRONMENTAL IMPACTS "yes" "maybe" answers are required on attached sheets.) Explanations of all and YES MAYBE NO 1. EARTH Will the proposal result in: a. Unstable earth conditions or in changes in aeo- logic substructures? — b.. Disruptions, displacements, compaction or over- X covering of the soil? — c. Change in topography or around surface relief X features? — d. The destruction, covering or modification of r . any unique geologic or physical features? — e. Any increase in wind or water erosion of soils, X either on or off the site? — f. Chances in deposition or erosion of beach sands, or chances in siltation, deposition or erosion stream which may modify the channel of a river or or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic landslides, mud- X hazards such as earthquakes, slides, ground failure, or similar hazards? 2. WATER Will the proposal result in:_ . a. Chances in currents, or the course of direction fresh of water movements, in either marine or r waters? — b. Changes in absorbtion rates, drainage patterns or X the rate and amount of surface water runoff? — Alterations to the course or flow of flood waters? X c. d. Change in the amount of surface water in any water body? — e. Discharge into surface waters, or in any alter- including but not X ation of surface water quality, limited to, temperature, dissolved oxygen or tur- — bity? 13, 0 to Environmental Checklist Form Pace Two YES MAYBE NO f. Alteration of the direction or `rate of flow of X ground waters? — g. Change in the quantity of ground waters, either through direct additions or withdrawals, or X through interception of an aquifer by cuts or ex- cavations? h. Substantial reduction in the amount of water X otherwise available for public water supplies ?, — i. Exposure of people or property to water re- X lated hazards such as flooding or tidal waves? — 3. AIR Will the proposal result in: a. Substantial air emissions or deterioration of X ambient air quality? — b. The creation of objectional odors? X C. Alteration of air movement, moisture or tem- perature or any chance in climate, either locally X or regionally? 4. PLANT LIFE Will the proposal result in: a. Chance in the diversity of species, or number of any species of plants, (including trees, shrubs, crass, crops, and aquatic plants)? V b.- Reduction of the numbers of any unique. rare or X endangered species of plants? — c. Introduction of new species of plants into area, or in a barrier to the normal replacement of X existino soecies? — 5. ANIt44L LIFE Gill the proposal result in: a. Chance in the diversity of species, or numbers of any species of animals, (birds, land animals in- X cluding reptiles, fish and shellfish, benthic — organisms or insects)? b. Reduction of the numbers of any unique, rare or X endaneered species of animals? — c. Introduction of new species of animals into an area, or result in a barrier to the migration or X movement -of animals? -- -- -- d.. Deterioration to existing fish or wildlife X habitat? — 6. NOISE ',.Jill the proposal result in: a. Increases in the existing noise levels? X b. Exposure of people to severe noise levels? X Environmental Checklist Form Page Three YES MAYBE NO 7. LIGHT AND GLARE Will the proposal produce new light or glare? x — 4. LAND USE Will the proposal result in a substantial alteration x of the present or planned land use of an area? — 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural x resources? -- — b. Substantial depletion of any nonrenewable x natural resource? — 10. RISK OF UPSET Does the proposal involve a risk of an explosion or the release of hazardous substances, (including but not limited to, oil, 'pesticides, chemicals, or radiation) in the event of an accident or upset con- x ditions? -- — 11. POPULATION ;Jill the proposal alter the location, distribut -on, density, cr gro':jth rate of the human population of v . an area? — 12. HOUSi';G Jill the proposal affect existino housing, or create �- a der. ^.and for additional housino? — 13. TP .A.ISPORTP.TIOi! /CIP.CULATIOiI a. Generation of substantial additional vehicular x movement? - -- — b. Effects on 'existing parking facilities, or de- x mand for new parking? - -, — c. Substantial impact upon existing transportation x Systems? d. Alterations to present patterns of circulation x or movement of people and /or goods? — e. Alterations to waterborne, rail or air traffic? x f. Increase in traffic hazards to motor vehicles, x bicyclists or pedestrians? — 14. PUBLIC SERVICES I-Jill the proposal have an effect upon, or result in a need for new or altered governmental services in any of the followino areas: x a. Fire protection? x b. Police protection? x c. Schools? — _ Environmental Checklist Form Page Four YES MAYBE NO X d. Parks or other recreational facilities? — e. Maintenance of public facilities, including roads? — X X f. Other governmental services? — 15. ENERGY a. Does the project have the potential to deorade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels threaten to eliminate a plant or animal community reduce the number or restrict Ib Will the proposal result in: a. Use of substantial amounts of fuel or engery? — b. Substantial increase in demand upon existing sources of energy, or require the development y of new sources of energy? — 16. "UTILITIES Will the proposal result in a need for new systems, or substantial alterations to the following utilities: X a. Power or natural gas? — X b. Communications systems? — x c. Water? — X d. Sewer or septic tanks? — X e. Storm water drainage? — f. Solid ,taste and disposal? -- — 17. HUNAN HEALTH Will the proposal result in: a. Creation of any health hazard or potential heal ;h hazard, (excluding mental health)? — b. Exposure of people to potential health hazards? 18. AESTHETICS Will the :proposal result in the obstruction of any the scenic vista or view open to the public, or will an aesthetically X — proposal result in the creation of offensive site open to public view? 19. RECREA.TIO; Will the proposal result in an impact upon the quality Y or quantity of existing recreational opportunities? — 20. ARCHEOLOGICAL /HISTORICAL Will the proposal result in an alteration of a sig- nificant archeological or historical site, structure, X object or building? — 21. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to deorade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels threaten to eliminate a plant or animal community reduce the number or restrict Ib 0 P Environmental Checklist Form Pace Five YES ^AYBE NO the range of a rare or endancered plant or animal or eliminate important examples of the major X periods of California history or prehistory? — b. Does the project have the potential to achieve short -term, to the disadvantage of Iona -term, environmental goals? (A. short -term impact on the environment is one which occurs in a relative - 'ly'brief, definitive period of -time while long- X term impacts will endure well into the future.) — c. Does the project have impacts which are individual- ly limited, but cumulatively considerable? (a pro- ject may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those X impacts on the environment is significant.) — d. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? — III. DISCUSSION OF ENVIRONME?lTAL EVALUATION SEE PAGE SIX DETE �?I';ATiO'; (To be completed by the Lead Agency;) On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect cn the an- enviren ^ ent, and a NEOAT :VE DECLARATION will be prepared. I find that althoueh the proposed project could have a sicnificar!t effect . on the environment, there will not be a significant eftecr. in this case because the mitigation measures described on an attachedc heet h ve been added to the project. A i,E. -hTIVE DECLARATION BILL BE P ARED. I find the project project 1 ^P.Y have a significant effect on the environment, and an E:;'1IR01I _NTAL IMPACT REPORT is recuired. Gar D. Ghicots Sienature of Person completing to s form) CITY OF ROSEMEA.D Lead Agency ate 10 -10 -89 Environmental Checklist Form Page Six 6. NOISE Noise levels may increase during the construction and alteration of the dwelling into an office. This issue can be mitigated by confining the construction during day -time hours and by following the noise level standards contained in section 4500 of the Rosemead Municipal Code. These measures can mitigate noise levels to a point where no significant adverse effect on the environment will occur. 8':' LAND USE The proposed, project will change the land use from residential to commercial use. However, since the project is adjacent to existing commercial uses, it is a logical extension of the commercial area. 12. HOUSING Although the project involves the elimination of one housing unit, it is anticipated that this will have no substantial effect on the total number of housing units in the City. Currently 50 to 75 net housing units a year are constructed each year in Rosemead. TZC170 /I 0 A Rosemead ROBEMEAD ,CHAMBER Chamber of Commerce ut COMMERCE 90$4 East Garvey Avenue •� .•�+ Rosemead Cahfornia 91770 (818) 288 -0811 Planning Commission City of Rosemead 8838 E. Valley Blvd Rosemead, CA 91770 Gentlemen: 0 December 5, 1989 The Rosemead Chamber of Commerce has opened escrow on the property at 3953 Muscatel using transient occupancy tax funds set aside by the City Council for a Visitor Information Center. We have been looking for appropriate commercial property for over three years, but none has been within the limit of our budget. Because it is bounded on the north by commercial property and because of the close proximit3 to City Hall the Chamber Board of Directors feel 3953 Muscatel will be an appropriate location for the V.I.C. The Chamber would be a good neighbor to the residents on Muscatel. Our hours are 9:00 to 5:00 and closed Saturday and Sunday. We keep no animals and maintain a quiet office atmosphere. Although we plan some upgrading, the exterior will have few changes and will continue to blend with the residential community. The attached plan is admittedly a very rough draft . Our time frame did not allow for a professional drawing. Upon the approval of this project, an architect will be hired and professional drawings will be submitted to the planning department. While I have tried to comply with the City requirements for such items as a handicap bathroom inside and a handicap ramp approaching the front door, I have not had sufficient interior access to determine exactly where walls may or may not be moved. It is our intent to take out the proper permits and comply with all city requirements for the structure and parking. Enclosed pictures are: 1. Sign on roof at current Chamber location 2. Sign on front of current Chamber location 3. Awning sign of Valley Blvd. business 4. Property at 3953 Muscatel "Businesses joined together since 1927" /� We propose the following: 0 11 Ill Sign on the lawn inside the front wall along the walkway and perpendicular to the street. #2 Sign on the north side of the building facing.the adjacent commercial parking lot. #3 This type of awning across the front of the house from the doorway south. White lettering would be used on a blue awning reading: Rosemead Chamber of Commerce and Visitor Information Center Barry Daniel, Chairman of the Steering Committee, President Betty Dondanville and myself will be. in attendance at the Planning Commission meeting. We will be available to answer any questions you may have regarding the property and its useage. Sincerely, BoVVnnie W. Culbertson, C.E.O. Rosemead Chamber of- Commerce MONT Encl. � .4 iP fi }F5 ti i B r a� t. Y� I I vr V 4 f f � 4 ♦.y ;�i��u4 �= MMERCE 1 ' y!. eY -Aoa1t , �tppMRM.CRIDCiRQ•N ►IDIY�Q '.P,p�� i I Y; -- iW- ._ FOLLOWS: ®6 ORDINANCE NO. 656 •0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM R -1 TO C -3D FOR PROPERTY LOCATED AT 3953 MUSCATEL AVENUE (Z.C. 89 -170) THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS Section 1. The City Council finds, determines and declares: (a) An application for a change of zone from R -1 to C -3D was duly filed by applicant Bonnie Culbertson, for property located at 3953 Muscatel. Avenue and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference; and (b) That on January 9, 1990, the City Council conducted a duly noticed public hearing on said zone change request. Section 2. The City Council further finds: (a) That the change in zone from R -1 to C -3D is consistent with the goals, objectives and land use designation of the subject area as contained in the City's General Plan; and (b) That a Negative Declaration was prepared in accordance with State law and local regulation. The Negative Declaration was approved by the Planning Commission. Section 3. The City Council hereby approves Zone Change 89 -170 from R -1 to C -3D for property located at 3953 Muscatel Avenue and more particularly described in Exhibit "A" attached hereto. Section 4. The Zoning Map of the City of Rosemead is hereby amended to reflect the approved change of zone on the effective date of this ordinance. Section 5. The City Clerk shall certify to the adoption of this ordinance and cause the same to be processed according to State law. PASSED, APPROVED and ADOPTED this day of 1990. ATTEST: City Clerk ORD656 MAYOR a3. O• EXHIBIT "A" ZONE CHANGE 89 -170 3953 MUSCATEL AVENUE BONNIE CULBERTSON LEGAL DESCRIPTION 04P The north 57.68 feet of a portion of Lot 1, Tract No. 3360, as recorded in Mapbook 37, page 1 Los Angeles County Records;,State of California and commonly known as 3953 Muscatel Avenue, Rosemead. ORD656:2 ®6 PC RESOLUTION 90 -2 00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) FOR PROPERTY LOCATED AT 3953 MUSCATEL AVENUE, ROSEMEAD. (Zone Change 89 -170) THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Planning Commission does hereby find and determine that an application was duly filed by Bonnie Culbertson, requesting a change of zone from R -1 (Single Family Residential) to C -31) (Medium Commercial with a design overlay) for property located at 3953 Muscatel Avenue, Rosemead, and that a public hearing was scheduled for December 18, 1989, at 7:00 p.m. in the Council Chambers of Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California; and that notice of the time, date, place and purpose of the aforesaid hearing was duly given according to law; and that a public hearing was duly conducted at the aforementioned time and place. Section 2 At said public hearing the Planning Commission determined the following findings to be in order: 1. The change of zone is in harmony with the elements and objectives of the General Plan. 2. The change of zone will not be detrimental to the surrounding properties. 3. The change of zone is desirable to the public convenience. 4. A Negative Declaration was prepared in accordance with Rosemead Resolution 79 -77, and the property will not have a significant environmental effect. Section 3. THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES RECOMMEND TO THE CITY COUNCIL AS FOLLOWS: 1. That certain property located in the City of Rosemead, and more particularly described in Section 1, be classified as C -31) (Medium Commercial with a design overlay). 2. That the zoning map of the City of Rosemead is to be amended by removing the zone classification described in Section 1 hereof, and said map shall have noted thereon, "Amended to C -31)" on the date the Council action becomes final. Section 4. The secretary shall certify to the adoption of this resolution and transmit copies thereof to the City Clerk of the City of Rosemead. Section 5. This resolution is the result of an action taken by the Planning Commission on December 18, 1989, by the following vote: AYES: Lowrey, Ortiz, Young, Clark NOES: None ABSENT: Mattern ABSTAIN: None ADOPTED this 2nd day of January, 1990. MERCED "BILL" ORTIZ, MKIRMAN 02 �. B• Resolution 90 -2 CERTIFICATION 09 I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 2nd day of January, 1990, by the following vote: AYES: Lowrey, Ortiz, Young, Clark NOES: None ABSENT: None ABSTAIN: Mattern M •d 00 RESOLUTION NO. 90 -6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL FOR PROPERTY LOCATED AT 3953 MUSCATEL AVENUE. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and determines that a general plan amendment was duly filed by Bonnie Culbertson, requesting an amendment to the General Plan from low density residential to commercial, for property located at 3953 Muscatel Avenue; or more specifically identified within Exhibit "A ", attached hereto; and that a public hearing was duly scheduled for January 9, 1990, at 8:00 p.m., in the Council Chambers of Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California; and that notice of time, date, place and purpose of the aforesaid hearing was duly given according to law; and that a public hearing was duly conducted at the aforementioned time and place. Section 2. The Planning Commission of the City of Rosemead conducted a duly noticed public hearing on December 18, 1989, to consider the subject General Plan Amendment; and after consideration of public testimony did reach findings and resolved to recommend approval of the General Plan Amendment to the City Council as contained in Planning Commission Resolution 90 -2. Section 3. The City Council further finds that the General Plan calls for this area to be low density residential; however, the development of the property is a proposed conversion of a dwelling to a commercial building. This causes an inconsistency between the General Plan designation and the existing use. Therefore, it appears reasonable to recommend that the Land Use Element of the General Plan be amended to commercial. Section 4. The City Council hereby finds that amending the Land Use Element of the General Plan from low density residential to commercial, as outlined above, will not have a significant adverse effect on the environment. Section 5. The City Council further finds that a Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the guidelines for the implementation of CEQA, and Rosemead Resolution 75 -28. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopted the aforementioned amendments to the General Plan and the City Clerk shall certify to the adoption of this Resolution. Section 6. That certain property located in the City of Rosemead and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference is hereby designated as Commercial within the General Plan. Section 7. The General Plan of the City of Rosemead is hereby amended by adding the additional General Plan designation described in Section 1 hereof, and said map shall have noted thereon, "Amended on January 23, 1990." Section 8. The City Clerk is directed to enter the date of adoption of this Resolution in the appropriate space of Section 7 hereinabove. Section 9. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy of said Resolution to the Planning Department to allow for changing of the official map as described in Section 2. PASSED, APPROVED, and ADOPTED this day of 1990. APPROVED: City Clerk CCR90 -6 YOR /' 06 EXHIBIT "A" GENERAL PLAN AMENDMENT 89 -3 3953 MUSCATEL AVENUE BONNIE CULBERTSON LEGAL DESCRIPTION The north 57.68 feet of a portion of Lot 1, Tract No. 3360, as recorded in Mapbook 37, page 1 Los Angeles County Records;.State of California and commonly known as 3953 Muscatel Avenue, Rosemead. CCR90 -6:2 a�- Speaking in rebuttal was Don Wick, 8464 Garvey Avenue. Mr. Wick stated that this was a decent project that would house decent tenants; that traffic should not show a significant increase; and that he was willing to satisfy any concerns of the Council. There being no one else wishing to speak, the public hearing was closed. Councilman Taylor asked clarification from the City Attorney as to what action might be taken by the Council on this item. Robert Kress, City Attorney, stated that the action before the Council was a design review for an apartment house. The proposed use of the apartment house had been the subject of the discussion but the question before the Council was whether the design, as presented, was appropriate per the conditions required by the City. Mr. Kress stated that only the plan was subject to approval or denial. Any question about down - zoning could not be considered until it had been properly noticed for public hearing. Councilman Bruesch stated that Marshall Street was used as a secondary escape route for Valley Boulevard and the freeway. Councilman Taylor noted that a proposal was currently before the Traffic Commission for left -turn signalization for Marshall Street and Walnut Grove Avenue. Mr. Taylor added that the addition of apartments would aggravate the traffic situation in this area. Councilman DeCocker stated that this was the wrong area for an apartment house. MOTION BY COUNCILMAN DeCOCKER, SECOND BY COUNCILMAN BRUESCH that the Council uphold the decision of the Planning Commission and deny the appeal by Mission Builders. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. Councilman Taylor requested that staff prepare an urgency ordinance, down - zoning that entire area to R -1, for the next agenda. Councilman Bruesch requested that Marshall Street at Rosemead Boulevard be added to the study for three -way, left -turn phasing currently being considered by Marshall Street at Walnut Grove Avenue. Councilman Taylor concurred with Mr. Bruesch and requested that it be returned to the Council as soon as possible. A fifteen - minute recess was called at 9:15 p.m. and the meeting was reconvened accordingly. B. A PUBLIC HEARING TO CONSIDER A REQUEST FROM BONNIE CULBERTSON FOR ZONE CHANGE CASE NO. 89 -170 IN ORDER TO CHANGE THE ZONE FROM R -1 TO C -31) AND GENERAL PLAN AMENDMENT 89 -3 FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL DESIGNATION FOR PROPERTY LOCATED AT 3953 MUSCATEL AVENUE - ZC 89 -170 The Mayor Pro Tem opened the public hearing. Bonnie Culbertson, representing the Chamber of Commerce, requested the Council to approve this project. No other persons wished to speak in favor of this project. Speaking in opposition: CC'. 1 -9 -90 Page #3 I M9.-, 1. Rosa Lagacy, 8757 Steele St., lives behind the property and would favor the project only if the block wall remains in place and through traffic to Valley Boulevard is prohibited. Ms. Lagacy was concerned with increased noise in the evening, parking and traffic. 2. Bernard Sullivan, 8780 Valley Blvd., adjacent to the property in question. Mr. Sullivan stated that he had attempted to acquire the property for himself for a number of years and that City staff had stated that any request for zone change would be opposed by the Planning Commission. Mr. Sullivan was concerned with increased traffic and parking and requested that access to the existing alley be restricted. Mayor Pro Tem Imperial assured Mr. Sullivan that there would be no problem with additional parking or traffic. There being no one else wishing to speak, the public hearing was closed. The following ordinance was presented to the Council for introduction: ORDINANCE NO. 656 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM R -1 TO C3 -D FOR PROPERTY LOCATED AT 3953 MUSCATEL AVENUE MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN DeCOCKER that Ordinance No. 656 be introduced on its first reading and that reading in full be waived. Vote resulted: Yes: DeCocker, Taylor, Imperial, Bruesch No: None Absent: McDonald Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. In deference to those in the audience, the following item was taken out of order. V. MATTERS FOR DISCUSSION & ACTION A. REQUEST FOR CITY PARTICIPATION IN ESTABLISHING TOXIC CLEANUP REWARD FUND VERBATIM DIALOGUE FOLLOWS: RAUL HERNANDEZ: Mr. Mayor, Councilmembers. My name is Raul Hernandez. I live at 3856 Brookline Avenue, in the City of Rosemead. I've lived here going on 30 years. Mr. Mayor, I'm the co -chair for the East Valleys Organization (EVO) and we come here tonight to make a presentation to the City of Rosemead. In the rear background we have a visual that I would like to explain. In the EVO we have a campaign going on right now to clean up the toxics in the San Gabriel Valley. The San Gabriel Valley has the worst water in the whole western United States. What is on our temperature map here, is a participation by cities in the San Gabriel Valley to the tune of approximately $15,000 per city. Rosemead has the distinction of being able to put us over a mark we had set of $100,000. We have an agreement with the EPA on certain things that take place when we do reach the $100,000 mark. We have on -going work with the EPA. I would like at this time to introduce along with our presentation, Mr. Jesse Martinez. JESSE MARTINEZ: Good evening, gentlemen. My name is Jesse Martinez. I'm with the Carpenters Union here in the San Gabriel Valley. I'm one of the representatives. we have 168 carpenters and their families that reside within the City of Rosemead. We also represent over 3,000 carpenters and their families in the San Gabriel Valley. We are very proud of being part of EVO. It's one the major units that's really CC 1 -9 -90 Page #4 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: RANK G. TRIPEPI, CITY MANAGER DATE: NOVEMBER 8, 1989 RE: CHAMBER OF COMMERCE PURCHASE OF PROPERTY FOR VISITOR'S INFORMATION CENTER As you know, the Chamber of Commerce has been searching for a location for the Visitor's Information Center. The current agreement between the City and the Rosemead Foundation stipulates that the foundation is to receive 25% of the 8% Transient Occupancy Tax collected until August 1990. Staff estimates that as of that date, the building fund balance would be $370,534.06. The Chamber of Commerce has located a residential property at 3953 Muscatel, which is adjacent to commercial property fronting on Valley S, Boulevard. The Chamber of Commerce has made an offer, which has been accepted, of $350,000 contingent upon the property being re -zoned for commercial. The City's Building Department has inspected the property, and has estimated that it would cost approximately $35,000 to hire a contractor to bring it up to commercial standards. This would include the installation of a handicapped ramp, widening.some doorways, and converting one bathroom to make it handicapped accessable. At the regular meeting of August 8, 1989, the Council discussed the option of making Zapopan Center available as a Visitors Information Center and Chamber Office as soon as the new community center is built on the current site of the New Image Night Club which the Redevelopment Agency recently acquired. Although the Zapopan option has merit, the proximity of 3953 Muscatel presents a unique opportunity because of its location to the City Hall complex and the central business district. In addition, the site is not on City property as compared to Zapopan. COUNCIL AGENDA NOV 1 4 7l9 ITEM No. �: A Page 2 Attached for your information are the following items: 1. Letter dated November 8, 1989 from the Chamber of Commerce. 2. Last counter offer for the property. 3. Real Estate Purchase Agreement. 4. Property description and appraisal form. 5. Assessors map of property. 6. A summary of the projected building fund balance through August 1990. 7. Agreement rescinding the original agreement with the Foundation. 8. A replacement agreement between the City and the Chamber. As a point of information, the Foundation has a balance of $6,000 that can be used for the purchase of new furniture. RECOMMENDATION It is recommended that the Rosemead City Council advance the Rosemead Chamber of Commerce an amount not to exceed $350,000, to purchase through escrow as necessary the aforementioned property, approve the Agreement rescinding the agreement with Rosemead Foundation Inc., the new Agreement between the Chamber and the City, and direct staff to start processing the application for a zone change and a general plan amendment for the aforementioned location. FGT:js Attachment 11- 14 -9J(5) 0 0 Dennis McDonald, Mayor Members of City Council 8838 E. Valley Blvd. Rosemead, CA 91770 RE: 3953 No. Muscatel, Rosemead Gentlemen: November 8, 1989 As you know, we had previously made an offer on the above mentioned property. This offer was not acceptable to the seller, and no counter offer was proposed. It was necessary to go to the asking price of $350,000.00 in order to negotiate the sale. This offer was accepted with contingencys. We respectfully request the following: 1 - Approval of the Council for our purchase of 3953 No. Muscatel, Rosemead, which would require a zone change to P.O. 2 - An advance of $10,500.00 from T.O.T. to open escrow 3 - An advance of $339,500.00 from T.O.T. fund to close escrow (90 -day escrow). We have searched intensely for affordable and appropriate property for our VIC Chamber offices. Needless to say, it has been a futile search. 3953 No. Muscatel certainly is the best choice by far. We ask this Council to share our enthusiasm, and recognize the potential this property offers. At the close of escrow, it is the intent of the Chamber to hire an architect to redesign the interior into appropriate office space with improvements to meet City code for commercial property. We have requested a home buyer's inspection. Sincerely, �Gl Betty Dondanville, President Rosemead Chamber of Commerce BD:gg "Businesses joined together since 1927" Rosemead ROBEMEAD ,CHAMBER CFfamber of Commerce of COMMERCE 9054 `East Garvey Avenue a� = .m> Rosemead Ca(!fornia 91770 (818) 288 -0811 Dennis McDonald, Mayor Members of City Council 8838 E. Valley Blvd. Rosemead, CA 91770 RE: 3953 No. Muscatel, Rosemead Gentlemen: November 8, 1989 As you know, we had previously made an offer on the above mentioned property. This offer was not acceptable to the seller, and no counter offer was proposed. It was necessary to go to the asking price of $350,000.00 in order to negotiate the sale. This offer was accepted with contingencys. We respectfully request the following: 1 - Approval of the Council for our purchase of 3953 No. Muscatel, Rosemead, which would require a zone change to P.O. 2 - An advance of $10,500.00 from T.O.T. to open escrow 3 - An advance of $339,500.00 from T.O.T. fund to close escrow (90 -day escrow). We have searched intensely for affordable and appropriate property for our VIC Chamber offices. Needless to say, it has been a futile search. 3953 No. Muscatel certainly is the best choice by far. We ask this Council to share our enthusiasm, and recognize the potential this property offers. At the close of escrow, it is the intent of the Chamber to hire an architect to redesign the interior into appropriate office space with improvements to meet City code for commercial property. We have requested a home buyer's inspection. Sincerely, �Gl Betty Dondanville, President Rosemead Chamber of Commerce BD:gg "Businesses joined together since 1927" SUMMARY OF 2% TRANSIENT OCCUPANCY TAX BUILDING FUND BALANCE THROUGH AUGUST 1990 June 30, 1989 Audited Balance: $ 237,534.06 1989 -90 Fiscal Year Estimate: 83,760.00 (Based on an average of $6,980 per month) July & August 1990 Estimate: 13,960.00 (Based on an average of $6,980 per month to be received with the quarterly payments due October 31, 1990.) Sheraton Hotel Estimate / January - August 1990: 35,280.00 (Based on Sheraton Hotel's revenue projections resulting in an estimated 2% T.O.T. of $4,410 per month.) PROJECTED CUMMULATIVE BALANCE & RECEIVABLES AT AUGUST 30, 1990: $ 370,534.06 smn:hd \mm:tot -chmbr 0 0 AGREEMENT THIS AGREEMENT, made and entered into this day of , 1989, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non - profit mutual benefit corporation hereinafter called "CHAMBER ". WHEREAS, the' CITY and CHAMBER are desirous of developing a Visitor Information Center, which shall disseminate information concerning the City of Rosemead and its businesses; and WHEREAS, CHAMBER proposes to acquire land and remodel an existing building to. serve as headquarters for CHAMBER and the Rosemead Visitor Information Center; and WHEREAS, CHAMBER is unable to raise sufficient funds for such project without the assistance of CI'T'Y; and NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall prepare an accounting and shall determine the amount of transient occupancy tax accrued and collected after August 8, 1986. CITY shall establish a separate bank account earmarked for the funds contingently payable to CHAMBER. 2. For all transient occupancy tax revenue collected at the 8% rate, CITY shall for a period of four (4) years, until August 8, 1990, pay into said account, 25% (twenty- rive percent) thereof. Such funds shall be set aside for the following, and no other, purposes: 1P . 9 A. Acquisition of land for the proposed building. B. Professional architectural services. C. Actual construction, including remodeling, costs. D. Operation costs of the Rosemead Visitor Center in the new facility. 3. Prior to any disbursements from the account, the proposed expenditure shall be placed upon the agenda of the Rosemead City Council for ratification. Upon approval by the City Council, funds shall be paid out of the account to CHAMBER or its designated payee. 4. In no event shall the transient occupancy tax funds received from CITY be used in conjunction with any fund raising or other operational expenses of CHAMBER. 5. In the event that CHAMBER either ceases to exist or fails to commence construction or acquisition of land by August 1, 1990, CITY may terminate this Agreement and retain all funds in the earmarked account. This Agreement shall not be assignable to any successor to CHAMBER. 6. CHAMBER agrees to submit location, building plans and operation plans for the Visitor Center to CITY for the City Council's prior approval. 7. Before commencing construction or remodeling, CHAMBER agrees to acquire title insurance, liability, property, and workers' compensation insurance in amounts and form subject to the approval of the City Attorney. 8. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and their respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or related FA to any of CHAMBER's activities, including acts, or omission to act, by any of the CHAMBF,R:s officers, employees, or agents, relating to its building and operations as required by this Agreement. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs incurred by CITY in conjunction with any such claim, demand or judgment. 9. CITY'S only participation in this project is the earmarking, per these terms and conditions, of 25% (twenty -five percent) of the transient occupancy tax revenue for 4 (four) years from and after August 8, 1986. CITY'S obligations shall cease on August 8, 1990. 10. CHAMBER'S complete financial records shall be subject to review and audit by the CITY at any time during the effective period of this Agreement. 11. One of the CITY'S primary motives in entering into this Agreement is to assist in the reduction of the CHAMBER'S operating costs. At the scheduled termination of this Agreement, an accounting shall be made by CITY which sets forth the total of all payments made to CHAMBER and the utilization of such funds. For a period of ten (10) years following the termination or scheduled termination of this Agreement, in the event the land and or building is ever sold or transferred and thereafter utilized for other than the purposes specified herein, and if CHAMBER does not reinvest, for similar purposes, the proceeds of such sale or transfer: A. CHAMBER shall reimburse CITY, pursuant to the following schedule: 1. If building is sold, its use terminates or a lender forecloses, on or before December 80% of CITY's 31, 1990. tj contribution. 0 0 2. If building is sold, its use terminates or a lender forecloses on or after January 1, 6001c of CITY's 1991 but prior to December 31, 1992. contribution. 3. If building is sold, its use terminates or a lender forecloses on or after January 1, 40% of CITY's 1993 but prior to December 31, 1995. contribution. 4. If building is sold, its use terminates or a lender forecloses on or after January 1, 207o of CITY's 1996 but prior to December 31, 1997. contribution. 5. If building is sold or use terminates on or after January 1, 1998 but prior to 10% of CITY's December 31, 2000. contribution. B. Upon the payment of any funds to or on behalf of CHAMBER, CITY shall be entitled to record a Deed of Trust on the subject property to secure the repayment obligations hereunder. In the event of a sale or transfer that does not result in an immediate reinvestment for authorized purposes, CITY shall be reimbursed out of the proceeds of such sale or transfer. 12. CHAMBER has requested that the amount of $350,000.00 (Three Hundred Fifty Thousand) be advanced, as necessary during escrow, for the purchase price of a residential property located at 3953 N. Muscatel Avenue, Rosemead. CHAMBER plans El 0 to remodel said residential building so that it can be utilized for a commercial -type occupancy (Chamber headquarters - Visitor Information Center). The amount requested is approximately the full projected entitlement of CHAMBER pursuant to this Agreement. CHAMBER hereby agrees that if said funds are advanced, prior to their actual accrual to the fund, CHAMBER will reimburse CITY, by not later than October 31, 1990 for any funds so advanced that the CHAMBER was not entitled to receive by virtue of the actual Transient Occupancy Tax calculations for the period ending August S, 1990. In the event CHAMBER is entitled to more funds than actually advanced, the remainder will be calculated and paid over to CHAMBER by not later than October 31, 1990. CITY agrees to advance the sum of $350,000.00 (Three Hundred Fifty Thousand) for the CHAMBER's acquisition of real property located at 3953 N. Muscatel Avenue, Rosemead. IN WITNESS WHEREOF, the CITY by order of its City Council and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. Attest: City Clerk CITY OF ROSEMEAD By:__.. ROSEMEAD CHAMBER OF COMMERCE; a non -profit corporation By President N 0 0 MUTUAL RECISION OF AGREEMENT THIS MUTUAL RECISION OF AGREEMENT, made and entered into this day of , 1989, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY" and the ROSEMEAD FOUNDATION, INCORPORATED, a non -proYt corporation hereinafter called "FOUNDATION ". WHEREAS, CITY and FOUNDATION entered into an agreement as of April 28, 1987, a true and correct copy of which is attached hereto, marked Exhibit "A ", and incorporated herein by this reference; and WHEREAS, the parties hereto have decided that the purposes of said agreement can better be attained directly by the ROSEMEAD CHAMBER OF COMMERCE. NOW, THEREFORE, the parties hereto do mutually agree that the Agreement between the parties, attached hereto as Exhibit A is hereby rescinded. Neither party shall have any liability to the other party on account of the Agreement hereby rescinded. IN WITNESS Whereof, the CITY OF ROSEMEAD, by order of its City Council and the ROSEMEAD FOUNDATION, INCORPORATED, by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. ROSEMEAD FOUNDATION, INC. Ily: President CITY OF ROSEMEAD Attest: By: Mayor City Clerk 0 0 AGREEMENT THIS AGREEMENT, made and entered into this day of 1987 by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD FOUNDATION, INCORPORATED, a non - profit public benefit corporation hereinafter called "FOUNDATION ". WHEREAS, the CITY and FOUNDATION are desirous of developing a Visitor Information Center, which shall disseminate information concerning the City of Rosemead and its businesses; and WHEREAS, FOUNDATION proposes to acquire land and construct a building to serve as headquarters for the Rosemead Chamber of Commerce and the Rosemead Visitor information Center; and WHEREAS, FOUNDATION is unable to raise sufficient funds for such project without the assistance of CITY; and WHEREAS, by the passage of Ordinance No. 597, CITY indicated its willingness to fund the project with 25% (twenty -five percent) of the collected transient occupancy tax revenue for a period of four years from the effective date of an increase in the tax from 6% to 8%; and WHEREAS, the Rosemead voters confirmed the tax increase by a majority vote on March 3, 1987; NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to Ordinance tlo. 587 of the Rosemead City Council, the parties hereto agree as follows: • • 1. CITY shall prepare an accounting and shall determine the amount of transient occupancy tax accrued and collected after August 8, 1986. CITY shall establish a separate bank account earmarked for the project.. 2. For all transient occupancy tax revenue collected at the 8% rate, CITY shall for a period of 4 (four) years, until August 8, 1990, pay into said account 25% (twenty -five percent) thereof. Such funds shall be set aside for the following, and no other, purposes: A. Acquisition of land for the proposed building. B. Professional architectural services. C. Actual construction costs. D. Operation costs of the Rosemead Visitor Center in the new facility. 3. Prior to any disbursements from the account, the proposed expenditure shall be placed upon the consent calendar of the Rosemead Cir.y Council for ratification. Upon approval by the City Council, funds shall be paid out of the account to FOUNDATION.. 4. In no event shall the transient occupancy tax funds received from CITY be used in conjunction with any fund raising expenses for FOUNDATION or Chamber. 5. In the event that FOUNDATION +either ceases to exist or fails to commence construction or acquisition by January 1, 1989, CITY may terminate this Agreement and retain all funds 2 • • in the earmarked account. This Ag,r.eement shall not he assignable to any successor to FOUNDATION. 6. FOUNDATION agrees to submit location, bui.ldinp, plans and operation plans for the Visitor Center to CITY for prior approval. 7. Before commencing construction, FOUNDATION agrees to acquire adequate liability, property, and worker's compensation insurance in amounts and form to be approved by the City Attorney. S. FOUNDATION will assume liability and defend and hold CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of FOUNDATION officers, agents and employees occurring in the performance of this Agreement. 9. CITY's only participation in this project is the earmarking, per these terms and conditions, of 25% (twenty - five percent) of transient occupancy tax revenue for 4 (four) years from and after August B, 1986. CITY's participation shall cease on August 8, 1990. 10. FOUNDATION's complete financial records shall be subject to review and audit by the CITY at any time during the effective period of this Agreement. 11. One of CITY's primary motives in entering into this Agreement is to assist in the reduction of the Rosemead Chamber of Commerce's operating costs. At the scheduled termination of this Agreement, an accounting shall he made by CITY which sets forth the total of all payments made to FOUNDAT IM). 3 E For a period of ten (10) years following the termination of this Agreement, i.e., from August 9, 1990 through August 9, 2000, in the event the building is ever sold or transferred and thereafter utilized for other than the purposes specified herein, and if FOUNDATION does not reinvest, for similar purposes as authorized herein, the proceeds of such sale or transfer within one (1) year of receipt: A. FOUNDATION shall reimburse CITY, pursuant to the following schedule: 1. If buildinR is sold or use terminates on or before 80X of CITY's December 31, 1990 contribution 2. If building is sold or use terminates on or after January 1, 1991 but prior to 60`6 of CI'fY's December 31, 1992 contribution 3. If building is sold or use terminates on or after January 1, 1993 but prior to 40% of CITY's December 31, 1994 contribution 4. If building is sold or use terminates on or after January 1, 1995 but prior. to 20 %'of CITY's December. 31, 1996 contribution 4 5. If building is sold or use terminates on or after January 1, 1997 but prior to 10% of CITY's August 8, 2000 contribution IN WITNESS WHEREOF, the CITY OF ROSEMEAD, by order of its City Council and the ROSEMEAD FOUNDATION, INCORPORATED, through its authorized officer, have caused this Agreement to be executed on the day and year first written above. CITY OF ROSEMEAD ATTEST: CITY CLERK 5 Bye 11AY R ROSEMEAD FOUNDATION, INCORPORATED By:_ Title: i 0 Mr. Taylor was concerned that only one bid was received. Jeff Stewart, Executive Assistant, stated that graffiti removal is a highly specialized service and that there are not many companies who do this work. Other cities either remove graffiti using in -house staff or utilize the services of youth organizations. Mr. Taylor asked that this award be deferred to the next meeting for a report on who actually is available to bid this type of work. Councilman Bruesch asked that this report include a survey of what the other cities in the immediate area are doing for graffiti abatement. Mayor Pro Tem Imperial asked for updated figures on what it would cost the City to do graffiti removal in- house. There being no objection, this was so ordered. A five - minute recess was called at this time and the meeting was reconvened accordingly. V. MATTERS FOR DISCUSSION & ACTION A. CHAMBER OF COMMERCE - PURCHASE OF PROPERTY FOR VISITOR INFORMATION CENTER lk MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Council advance the Rosemead Chamber of Commerce an amount not to exceed $350,000 to purchase through escrow as necessary the property located at 3953 Muscatel Avenue, approve the agreement rescinding the agreement with Rosemead Foundation, Inc., the new agreement between the Chamber and the City, and direct staff to start processing the application for a zone change and a general plan amendment for said location. Vote resulted: Yes: Decocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Betty Dondanville, Chamber of Commerce President, thanked the Council. Councilman Taylor commended the Chamber of Commerce for finding a property that was within the budget and spirit of the ballot measure passed by the voters for the acquisition of a Visitor's Information Center. B. LANDSCAPE CONCEPT FOR GARVEY AVENUE MEDIANS John Winnecki, Willdan Landscape Architect, gave a slide presentation of the various concepts for Council's consideration. Leroy Young, 7533 E. Garvey Avenue, was opposed to the use of the Eucalyptus trees because of the potential danger and messiness. Juan Nunez, 2702 Del Mar Avenue, ascertained that the brick work in the intersections on Garvey Avenue would be removed. Cleo Young, 7533 E. Garvey Avenue, objected to the streets being torn up again. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN DeCOCKER that the Council approve the raised landscaped median configuration Concept No. 2 with the stipulation that as many of the existing trees as possible should be saved. Vote resulted: CC 11 -14 -89 Page #10 AGREEMENT FOR COMMERCIAL REHABILITATION OUTREACH SERVICES WITH THE ROSEMEAD CHAMBER OF COMMERCE THIS AGREEMENT entered into this 9th day of July---, 1985, between the City of Rosemead (hereinafter referred to as "CITY ") and the Rosemead Chamber of Commerce (hereinafter referred to as "CHAMBER "). I DESCRIPTION OF WORK CHAMBER shall provide Outreach Services for the CITY's Commercial Rehabilitation Assistance Program. The specific services to be pro- vided within designated target areas for this program shall include: 1. Dividing the target areas into blocks for organizational purposes. 2. Selecting a "block captain" for each block. 3. Conducting an orientation meeting for block captains, CITY repre- sentatives and other group representatives. 4. Contacting property owners and tenants by mail, advising them of the time and place at which the Commercial Rehabilitation Assis- tance Program will be discussed for property owners /tenants in their block. 5. Personally contacting as many property owners and tenants as possible and informing them of the informational meeting scheduled for their block. 6. Distributing the informational brochure to be prepared by the CITY to all property owners /tenants in designated target areas. 7. Conducting information meetings for property owners /tenants in each block with technical assistance from CITY staff, and main- taining minutes for all such meetings. e 0 0 8. Mailing minutes of meetings to all property owners /tenants with an invitation to those who missed their block meeting to attend the next scheduled meeting. 9. Providing follow -up to inquiries from property owners /tenants as necessary. 10. Attending monthly progress meetings with CITY staff and furnish- ing monthly progress reports II TIME_OF PERFORMANCE All services required pursuant to this Agreement shall commence when, and as directed by the City Manager or a designated representa- tive thereof, and shall be completed within such times as are reasonably established by the City Manager or his representative. III COMPENSATION AND METHOD OF PAYMENT A. Rates: For services performed under this Agreement, the CITY shall pay the CHAMBER at the rate of $10.00 per hour, provided that the maximum level of effort per month shall not exceed 120 hours. Said rate shall remain in effect for the term of this Agreement. B. Expenses: In connection with services performed under this Agreement. CHAMBER shall be reimbursed up to $25.00 per month for telephone expenses. C. Maximum Compensation: The services performed under this Agreement shall not exceed the sum of $14,700 without prior authorization. -2- ® • IV METHOD OF PAYMENT The CHAMBER shall submit a monthly invoice to the CITY specifying the amount due for services performed by the CHAMBER. Such invoice shall: 1. Described the services performed. 2. Specify the number of ours worked by each staff member on said services during the month. 3. Indicate the total expenditures to date. Such invoice for payment shall contain a certification by a prin- cipal member of the CHAMBER's staff specifying payment requested is for work performed in accordance with the provisions of this Agree- ment. Upon approval of the invoice, the CITY shall make payment as soon thereafter as the CITY's regular procedures provide. V TERM OF AGREEMENT This Agreement shall be in effect until June 30, 1986, with an option for its renewal at said date. VI TERMINATION OF AGREEMENT This Agreement can be terminated upon 30 days notification by either of the parties hereto. VII RECORDS AND AUDITS The CHAMBER shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper ac- counting for all project finds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or -3- any authorized representative, and will be retained for five years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. VIII EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CHAMBER agrees as follows: 1. The CHAMBER will not discriminate against any employee or appli- cant for employment because of race, creed, sex, color or national origin. The CHAMBER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CHAMBER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non - discrimination clause. 2. The CHAMBER will, in all solicitation or advertisements for employees placed by or on behalf of the CHAMBER, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. 3. The CHAMBER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so -4- 0 0 0 that such provisions will be binding upon each subcontractor. provided that the foregoing provisions shall not apply to con- tracts or subcontracts for standard commercial supplies or raw materials. 4. The CHAMBER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The CHAMBER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regulations and orders. 6. In the event of the CHAMBER'S non - compliance with the equal op- portunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be cancelled, termi- nated, or suspended in whole or in part and the CHAMBER may be declared ineligible for further government contracts in accor- dance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. -5- 0 7. The CHAMBER will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcon- tractor or vendor. The CHAMBER will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event the CHAMBER becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, the CHAMBER may request the United States to enter into such litigation to protect the interests of the United States. IX CIVIL RIGHTS ACT OF 1964, Under Title VI of the Civil Rights Act of 1964, no person shall. on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal finan- cial assistance. X SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF -1 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. T-2 0 u 0 XI "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: 1. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Sec- tion 3 requires that to the greatest extent feasible, opportuni- ties for training and employment be given to lower income resi- dents of the project area and contracts for work in connection with the project be awarded to business concerns which are locat- ed in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no con- tractual or other disability which would prevent them from com- plying with these requirements. 3. The CHAMBER will send to each labor organization or representa- tive of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any, a notice advis- ing the said labor organization or workers' representative of his -7- • • commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and ap- plicants for employment or training. 4. The CHAMBER will include this Section 3 clause in every subcon- tract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regula- tions issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The CHAMBER will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assis- tance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Fail- ure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agree- ment or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 0 0 XII INTEREST OF MEMBERS OF A CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XIII INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other pub- lic official of such locality, who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XIV INTEREST OF CONSULTANT AND EMPLOYEES The CHAMBER covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CHAMBER further covenants that in the performance of this Agreement, no person having any such interest shall be employed. d0 0 XV NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent to the CITY and the CHAMBER at the addresses listed below: CITY OF ROSEMEAD 8838 E. Valley Boulevard Rosemead, CA 91770 Rosemead Chamber of Commerce 8780 E. Valley Boulevard Rosemead, CA 91770 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF ROSEMEAD Mayar Ci ty Cork AVW:Is JN 55184 5/29/85 -10- ROSEMEAD CHAMBER OF COMMERCE V��— anager n AGREEMENT FOR COMMERCIAL REHABILITATION OUTREACH SERVICES WITH THE ROSEMEAD CHAMBER OF COMMERCE THIS AGREEMENT entered into this 26th day of June , 1984, between the City of Rosemead (hereinafter referred to as "CITY ") and the Rosemead Chamber of Commerce (hereinafter referred to as "CHAMBER "). I DESCRIPTION OF WORK CHAMBER shall provide "Outreach" Services for the CITY'S Commercial Rehabilitation Assistance Program. The specific services to be pro- vided within designated target areas for this program shall include: 1. Dividing the target areas into blocks for organizational purposes. 2. Selecting a "block captain" for each block. 3. Conducting an orientation meeting for block captains, CITY repre- sentatives and other group representatives. 4. Contacting property owners and tenants by mail, advising them of the time and place at which the Commercial Rehabilitation Assis- tance Program will.be discussed for property owners /tenants in their block. 5. Personally contacting as many property owners and tenants as possible and informing them of the informational meeting sche- duled for their block. 6. Distributing the informational brochure to be prepared by the CITY to all property owners /tenants in designated target areas. 7. Conducting informational meetings for property owners /tenants in each block with technical assistance from CITY staff, and main- taining minutes for all such meetings 8. Mailing minutes of meetings to all property owners /tenants with and invitation to those who missed their block meeting to attend the next scheduled meeting. 9. Providing follow -up inquiries from property owners /tenants as necessary. 10. Attending monthly progress meetings with CITY staff and furnishing monthly progress reports. II TIME OF PERFORMANCE All services required pursuant to this Agreement shall commence when, and as directed by the City Manager or a.designated representa- tive thereof, and shall be completed within such times as are reason- ably established by the. City Manager or his representative. III COMPENSATION AND METHOD.OF PAYMENT A. Rates: For services performed under this Agreement, the CITY shall pay the CHAMBER at the rate of $10.00 per.hour,.provided that the maximum level of.effort per month-shall not exceed 120 hours. Said rate shall remain in effect for the term of this Agreement. B. Expenses:. In connection with the services performed under this Agree- ment, the CHAMBER shall be reimbursed up to $25.00 per month for telephone expenses. C. Maximum Compensation: The services performed under this Agreement shall not exceed the sum of $14,700 without prior authorization. IV METHOD OF PAYMENT The CHAMBER shall submit a monthly invoice to the CITY specifying the amount due for services performed by the CHAMBER. Such invoice shall: 1. .Describe.the services performed. 2. Specify the number of hours owrked by,each. staff member on said services during the month. 3. Indicate the total expenditures to date. Such invoice for payment shall contain.a.certif.ication by a prin- cipal member of.the CHAMBER'S staff specifying payment requested is for work performed in accordance with the provisions of this Agreement. Upon approval of the invoice,.the CITY shall make payment as soon thereafter as the CITY'S regular,procedures provide. V TERM OF AGREEMENT This Agreement shall be in effect until June 30, 1985, and may be renewed on the mutual agreement.of both parties. VI TERMINATION OF AGREEMENT This Agreement can be terminated upon 30 days notification by either of the parties hereto. VII NOTICES Notices to the parties shall, unless otherwise requested in writ- ing, be sent to the CITY and the.CHAMBER at the addresses listed below: CITY OF ROSEMEAD 8838 East Valley Boulevard Rosemead, CA 91770 ROSEMEAD_CHAMBER OF COMMERCE 8780 East Valley Boulevard Rosemead, CA 91770 A IN WITNESS WHEREOF, the parties have caused this Agreement to be exe- cuted on -the day and year first above written. CITY OF ROSEMEAD ROSEMEAD CHAMBER OF COMMERCE 2e Title to 90 240075- -: TICOR TITLE INSURANCE CO. OF CAUFORNIA RECORDING REQUESTED BY: City of Rosemead AND WHEN RECORDED RETURN TO: City Clerk CITY OF ROSEMEAD 8838 East Valley Blvd. Rosemead, California 91770 ECORDED IN OFFHaHL ------ OF LOS ANGELES COUNTY, CA FEB 131990 AT 8 A.M. Recorder's Office EVE® CITY OF ROSEMEAD A.P.N. 5390 -10 -35 IdAR 71990 CITY CLERK'S OFFICE REE G 2, SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (CORPORATION) THIS DEED OF TRUST, made this clay of 12 90 between ROSEMEAD CHAMBER OF COMMERCE a corporation organized under the Taws of the State of California, herein called Trustor, whose address is 9054 East Garvey, Rosemead, California 91770, TITLE INSURANCE and TRUST COMPANY, a California corporation, herein called TRUSTEE, and CITY OF ROSEMEAD, a municipal corporation, herein called BENEFICIARY, WITNESSETH: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in Los Angeles County, California, described as: In the State of California, County of Los Angeles and City of Rosemead: The North 57.65 feet of the South 2 "14.65 feet of Lot 1 in Tract 3360 as shown on a map thereof recorded in Book 37, page 1 of Maps in the Office of the County Recorder of Los Angeles, County, California. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this ' day of h�,�, in the year 1990, before me, the undersigned, a Notary Public in and for said St te, personally appeared BPA �_i DOnxiAr Ul I e , known to me (or proved to me on the basis of satisfactory evidence) to be the President, and �l�u2e�cE K2USP, known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Nota Public in and for said State. 3 ♦1N 1.. e.11 ♦.e ee.. ♦see He••..e. 2 �.. OFFICIAL SEAL JAN SAAVEDRA 2 Notary Public- California � 2 = F Principal Office In Y Los Angeles County My Comm. Exp. June 15, 1990 T 90 240(75 "EXHIBIT A" AGREEMENT • THIS AGREEMENT, made and entered into this 14th day of November, 1989, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non - profit mutual benefit corporation hereinafter called "CHAMBER ". WHEREAS, the CF11i and CHAMBER are desirous of developing a Visitor Information Center, which shall disseminate information concerning the City of Rosemead and its businesses; and WHEREAS, CHAMBER proposes to acquire land and remodel an existing building to serve as headquarters for CHAMBER and the,Rosemead Visitor Information Center; and WHEREAS, CHAMBER is unable to raise sufficient funds for such project without the assistance of CITY; and NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall prepare an accounting and shall determine the amount of transient occupancy tax accrued and collected after August 8, 1986. CITY shall establish a separate bank account earmarked for the funds contingently payable to CHAMBER. 2. For all transient occupancy tax revenue collected at the 8% rate, CITY shall for a period of four (4) years, until August 8, 1990, pay into said account, 25% (twenty- rive percent) thereof. Such funds shall be set aside for the following, and no other, purposes: 970 240075 A. Acquisition of land for the proposed building. B. Professional architectural services. C. Actual construction, including remodeling, costs. D. Operation costs of the Rosemead Visitor Center in the new facility. 3. Prior to any disbursements from the account, the proposed expenditure shall be placed upon the agenda of the Rosemead City Council for ratification. Upon approval by the City Council, funds shall be paid out of the account to CHAMBER or its designated payee. 4. In no event shall the transient occupancy tax funds received from CITY be used in conjunction with any fund raising or other operational expenses of CHAMBER. 5. In the event that CHAMBER either ceases to exist or fails to commence construction or acquisition of land by August 1, 1990, CITY may terminate this Agreement and retain all funds in the earmarked account. This Agreement shall not be assignable to any successor to CHAMBER. 6. CHAMBER agrees to submit location, building plans and operation plans for the Visitor Center to CITY for the City Council's prior approval. 7. Before commencing construction or remodeling, CHAMBER agrees to acquire title insurance, liability, property, and workers' compensation insurance in amounts and form subject to the approval of the City Attorney. 8. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and their respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or- related N 90 2400'75 to any of CHAMBER's activities, including acts, or omission to act, by any of the CHAMBER's officers, employees, or agents, relating to its building and operations as required by this Agreement. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs incurred by CITY in conjunction with any such claim, demand or judgment. 9. CITY'S only participation in this project is the earmarking, per these terms and conditions, of 25% (twenty -five percent) of the transient occupancy tax revenue for 4 (four) years from and after August 8, 1986. CITY'S obligations shall cease on August 8, 1990. 10. CHAMBER'S complete financial records shall be subject to review and audit by the CITY at any time during the effective period of this Agreement. 11. One of the CITY'S primary motives in entering into this Agreement is to assist in the reduction of the CHAMBER'S operating costs. At the scheduled termination of this Agreement, an accounting shall be made by CITY which sets forth the total of all payments made to CHAMBER and the utilization of such funds. For a period of ten (10) years following the termination or scheduled termination of this Agreement, in the event the land and or building is ever sold or transferred and thereafter utilized for other than the purposes specified herein, and if CHAMBER does not reinvest, for similar purposes, the proceeds of such sale or transfer: A. CHAMBER shall reimburse CITY, pursuant to the following schedule: 1. If building is sold, its use terminates or a lender forecloses, on or before December 80% of CITY's 31, 1990. contribution. 3 2400'75 0 2. If building is sold, its use terminates or a lender forecloses on or after January 1., 6001v of CITY's 1991 but prior to December 31, 1992. contribution. 3. If building is sold, its use terminates or a lender forecloses on or alter January 1, 40% of CITY's 1993 but prior to December 31, 1995. contribution. 4. If building is sold, its use terminates or a lender forecloses on or after January 1, 20% of CITY's 1996 but prior to December 31, 1997. contribution. 5. If building is sold or use terminates on or after January 1, 1998 but prior to 10% of CITY'S December 31, 2000. contribution. B. Upon the payment of any funds to or on behalf of CHAMBER, CITY shall be entitled to record a Deed of Trust on the subject property to secure the repayment obligations hereunder. In the event of a sale or transfer that does not result in an immediate reinvestment for authorized purposes, CITY shall be reimbursed out of the proceeds of such sale or transfer. 12. CHAMBER has requested that the amount of $350,000.00 (Three Hundred Fifty Thousand) be advanced, as necessary during escrow, for the purchase price of a residential property located at 3953 N. Muscatel Avenue, Rosemead. CHAMBER. plans 4 90 240075 1 • to remodel said residential building so that it can be utilized for a commercial -type occupancy (Chamber headquarters - Visitor Information Center). The amount requested is approximately the full projected entitlement of CHAMBER pursuant to this Agreement. CHAMBER hereby agrees that if said funds are advanced, prior to their actual accrual to the fund, CHAMBER will reimburse CITY, by not later than October 31, 1990 for any funds so advanced that the CHAMBER was not entitled to receive by virtue of the actual Transient Occupancy Tax calculations for the period ending August 8, 1990. In the event CHAMBER is entitled to more funds than actually advanced, the remainder will be calculated and paid over to CHAMBER by not later than October 31, 1990. CITY agrees to advance the sum of $350,000.00 (Three Hundred Fifty Thousand) for the CHAMBER's acquisition of real property located at 3953 N. Muscatel Avenue, Rosemead. IN WITNESS WHEREOF, the CITY by order of its City Council and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. Attest: - „T- City Clerk CITY OF ROSEMEAD By: C� B Zl c� i1 Mayor ROSEMEAD CHAMBER OF COMMERCE: a non -profit corporation By: ? G«l�� Pre " ent 5 90 240075 G ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD ) I, Janice Warner, City Clerk for the City of Rosemead, do hereby certify that the foregoing agreement was duly and regularly approved by the City Council of the City of Rosemead at a regular meeting thereof held on the 14th day of November. 1989 by the following vote: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain.: None CLERK gp 2400'75 I 0 9 COMMUNITY DEVELOPMENT COMMISSION COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT DESCRIPTION AND ACTIVITYBUDGET 1. OPERATING AGENCY: —CDC DIVISION X CITY _ COUNTY DEPARTMENT COMMUNITY BASED ORGANIZATION NAME: CITY OF ROSEMEAD ADDRESS: 8838 E. VALLEY BLVD. ROSEMEAD, CA 91770 CONTACT PERSON: JEFF STEWART TITLE EXECUTIVE ASSISTANT EXHIBIT A X Amendment No._ 2. PROJECT TITLE: ADMINISTRATION 3. PROJECT NUMBER: D93499 3A. CDC PROGRAM MANAGER: (For CDC use Only) 4. PROJECT DURATION: From. 7/1/93 to 6/30/94 5. PROGRAM CATEGORY: G (PLANNING AND ADMINISTRATION) 11 TELEPHONE NUMBER: (818) 288 -6671 11 6. PROJECT SUMMARY: This project will provide overall program management, coordination, monitoring and evaluation of the City's CDBG program for the fiscal year. This project includes the operation of the City's Citizen Participation Program and the preparation of any environmental studies that may be required. The five specific projects included in the 1993 -94 CDBG program will require varying levels and intensities of administration of the CDBG program and will be be handled by a consultant hired by the City expressly for this purpose. CDBG funds will be used to off set the cost of staff time from the Chamber of Commerce who will assist with additional adminstrative task. 7. PROJECT LOCATION: A. ADDRESS: 8838 E. VALLEY BLVD. B. CITY /UNINCORPORATED AREA: CITY OF ROSEMEAD ASSESSORS PARCEL NO. (VACANT LAND ONLY) SUPERVISORIAL DISTRICT: FIRST D. AREA TO BENEFIT FROM THE PROJECT: Residents of the following census tracts, enumeration districts, or block groups will benefit from this project: (Attach a project map which identifies the service area.) 4322, 4813, 4329, 4823.02, 4825.01, 4824.01, 4336.02, 4336.01, 4824.02, 4825.02 ('90 Census Tract No.'s 4825.21 and 4825.22). JqN 23 '90 15:10 KELLEY,4WINS,TOWLE & BLUE • P.2 ACORDV CERTIFICATE _OF— INSURANCE — (ACOP,D 25S — G3/58) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO —` RIGHTS UPON THE CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NAME AND ADDRESS OF ASENCY: .ell y,j.igijins,Tc,wl+=a 2eLitue I:'i,SUraiice. Agency P.O. Box '798 Rosegleati,, CF NAME AND ADDRESS OF INSURED: R05enl& -ad Chamber of Commerco 9054 E. Garvey Rosefflea',d, CA 91770+ COMPANIES AFFORDING COVERAGE: COMPANY A. "i'RAINcii'aiWP'RICA COMPANY B: COMPANY C: COMPANY D: COMPANY E: = = = == COVERAGES THIS IS 70 CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED — TO THE INSURED NAMED ABOVE FOR THE PERIOD _INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMP TYPE LIMITS OF LIABILITY LETTER OF INSURANCE EFFECTIVOE /EXPIRATIRN DATE IN THOUSANDS (OOU) A GENERAL LIABILITY X)e0894V X COMMERCIAL GENERAL 09/24!S9 TO 09/24/90 LIABILITY CLAIMS MADE X OCCURRENCE GENERAL AGGREGATE: 3 ',,000, OWNERS & CONTRACTORS PROTECTIVE PRODUCTS COMP /OPS AGG: INCL. PERSONAL & ADVERTISING INJURY: EACH OCCURRENCE: FIRE DAMAGE (ANY 1 FIRE): 5; MEDICAL EXPENSE (ANY 1 PERSON): AUTOMOBILE LIA81LIT'Y ANY AUTO TO ALL OWNED AUTOS CSLe SCHEDULED AUTOS SI: HIRED AUTOS (EACH PERSON) NON - -OWNED AUTU5 BI. GARAGE LIABILITY (EACH ACCIAENT) PROPERTY DAMAGE: • JAN 23 '90 15 10 KELLEY,IWINS,TOWLE & BLUE • P.3 ACORD CERTIFICATE OF INSURANCE - PAGE 2 COMP LETTER TYPE OF INSURANCE _ POLICY NUMBER EFFECTIVE /EXPIRATION DATE - - -- LIMITS OF LIABILITY = IN THOUSANDS (000) EA. OCCUR. /AGGREGATE EXCESS LIABILITY TO OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TO *STATUTORYW EACH ACCIDENT: DISEASE POLICY LIMIT: DISEASE EACH EMPLOYEE: OTHER TO DESCRIPTION OF QPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS: ADDITIONAL, iNSUR,;,L = = == CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY FIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, = = == CERTIFICATE HOLDER C11Y OF ROSC-_MEA ATTN: FRANK TRIPEF'I VALLJ' - -4 ,tLVI) ROSEMEAD, CA. 91770 THIS AGREEMENT, made and entered into this 14th day of July, 1992, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non - profit mutual benefit corporation hereinafter called "CHAMBER" WHEREAS, the CITY and CHAMBER are desirous of conducting a Circus to provide an event for the Community; and WHEREAS, CHAMBER has secured the services of Circus Vargas to conduct the circus; and WHEREAS, CITY wishes to support the CHAMBER by allowing the Circus on CITY property without imposition of fees. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall, on the dates of July 30th. through August 6th, 1992, subject to the approval of a Conditional Use Permit, allow the CHAMBER to: A. Use Rosemead Park to stage the Circus; and. B. Use Rosemead Park without the imposition of any fees, licenses or permits. The normal licenses, fees, inspection process for temporary structures and temporary electrical connections will be conducted by City staff. 2. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and their respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or related to any activities in conducting the Circus, including acts, or omission to act, by any of the CHAMBER's officers, employees, or agents including, but not limited to Circus Vargas. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs incurred by CITY in conjunction with any such claim, demand or judgment. 0 E 3. The Chamber of Commerce is authorized to have Circus Vargas perform at Rosemead Park according to the following schedule. July 30 Thursday Move on SHOWS Friday 7:30 August 1 Saturday 12:30 - 3 - 7:30 2 Sunday 12:30 - 3 - 5:30 3 Monday 4:30 - 7:30 4-Tuesday 4:30 - 7:30 5 Wednesday & move -off 4:30 - 7:30 4. CHAMBER shall be responsible for restoring the PARK to its original condition, including the removal of all litter and debris and repair of any damage. They shall provide the City with a cashiers check in the amount of $ 5,000.00 made payable to the City and used to offset the costs of any minor damage that Circus Vargas may cause to Rosemead Park. 5. Chamber shall acquire from Circus Vargas and provide City with: Their current Workers Compensation Certificate and a Certificate of Insurance in the following minimun amounts: $ 2,000,000 General Aggregate $ 1,000,000 Products Comp /Ops Aggregate $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ 50,000 Fire Insurance On the Certificate of Insurance, the City of Rosemead shall be named as ADDITIONAL INSURED. In the cancellation area of the Certificate of Insurance it shall read "THE CITY OF ROSEMEAD SHALL RECEIVE A THIRTY (30) DAY WRITTEN NOTICE FROM THE COMPANY PRIOR TO ANY ALTERATION OF A MATERIAL PROVISION OF THE INSURANCE OR ANY REDUCTION IN COVERAGE OF THE INSURANCE REQUIRED BY THE CITY OF ROSEMEAD (AGREEMENT AND CONDITIONAL USE PERMITO, SUCH NOTICE SHALL ALSO BE REQUIRED IN THE CASE OF CANCELLATION OF ANY COVERAGE REQUIRED BY THIS SECTION." 6. Chamber shall pay the City $ 3,900.00 to offset the costs of the City providing two Los Angeles County Deputy Sheriffs during Circus Vargas shows. This payment shall be made no later than July 20, 1992. IN WITNESS WHEREOF, the CITY by order of its City Council and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. CITY OF ROSEMEAD My: Mayor Attest: 'City Clerk ROSEMEAD CHAMBER OF COMMERCE a non - profit corporation By President agreemen I.hereby.certify that the foregoing agreement was duly and regularly approved by the City Council of the City of Rosemead.at a regular meeting thereof held on the 14th day of July; 1992, by the following vote: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None C CLERK .• THIS AGREEMENT, made and entered into this 14th day of July, 1992, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non - profit mutual benefit corporation hereinafter called "CHAMBER!'. WHEREAS, the CITY and CHAMBER are desirous of conducting a Circus to provide an event for the Community; and WHEREAS, CHAMBER has secured the services of Circus Vargas to conduct the circus; and WHEREAS, CITY wishes to support the CHAMBER by allowing the Circus on CITY property without imposition of fees. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall, on the dates of July 30th through August 6th, 1992, subject to the approval of a Conditional Use Permit, allow the CHAMBER to: A. Use Rosemead Park to stage the Circus; and. B. Use Rosemead Park without the imposition of any fees, licenses or permits. The normal licenses, fees, inspection process for temporary structures and temporary electrical connections will be conducted by City staff. 2. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and their respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or related to any activities in conducting the Circus, including acts, or omission to act, by any of the CHAMBER's officers, employees, or agents including, but not limited to Circus Vargas. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs incurred by CITY in conjunction with any such claim, demand or judgment. 3. The Chamber of Commerce is authorized to have Circus Vargas perform at Rosemead Park according to the following schedule. July 30 Thursday Move on SHOWS Friday 7:30 August 1 Saturday 12:30 - 3 - 7:30 2 Sunday 12:30 - 3 - 5:30 3 Monday 4:30 - 7:30 4 Tuesday 4:30 - 7:30 5 Wednesday & move -off 4:30 - 7:30 4. CHAMBER shall be responsible for restoring the PARK to its original condition, including the removal of all litter and debris and repair of any damage. They shall provide the City with a cashiers check in the amount of $ 5,000.00 made payable to the City and used to offset the costs of any minor damage that Circus Vargas may cause to Rosemead Park. 5. Chamber shall acquire from Circus Vargas and provide City with: Their current Workers Compensation Certificate and a Certificate of Insurance in the following minimun amounts: $2,000,000 General Aggregate $ 1,000,000 Products Comp /Ops Aggregate $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ 50,000 Fire Insurance On the Certificate of Insurance, the City of Rosemead shall be named as ADDITIONAL INSURED. In the cancellation area of the Certificate of Insurance it shall read "THE CITY OF ROSEMEAD SHALL RECEIVE A THIRTY (30) DAY WRITTEN NOTICE FROM THE COMPANY PRIOR TO ANY ALTERATION OF A MATERIAL PROVISION OF THE INSURANCE OR ANY REDUCTION IN COVERAGE OF THE INSURANCE REQUIRED BY THE CITY OF ROSEMEAD (AGREEMENT AND CONDITIONAL USE PERMITO, SUCH NOTICE SHALL ALSO BE REQUIRED IN THE CASE OF CANCELLATION OF ANY COVERAGE REQUIRED BY THIS SECTION." 6. Chamber shall pay the City $ 3,900.00 to offset the costs of the City providing two Los Angeles County Deputy Sheriffs during Circus Vargas shows. This payment shall be made no later than July 20, 1992. IN WITNESS WHEREOF, the CITY by'order of its City Council and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. Attest: agreemen City Clerk CITY OF ROSEMEAD By: Mayor ROSEMEAD CHAMBER OF COMMERCE a non - profit corporation 1. By: ac�!sG��Li�' President B. RESOLUTION NO. 92 -32 - CLAIMS & DEMANDS (FY 1992 -93) The following resolution was presented to the Council for adoption: RESOLUTION NO. 92 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $164,557.10 NUMBERED 2925 -2926, 2936, 2940 -2941, 2943, 3067 -3079 AND 3092 THROUGH 3106 MOTION BY COUNCILMAN McDONALD, SECOND BY MAYOR PRO TEM BRUESCH that Resolution No. 92 -32 be adopted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 705 - SPECIFYING LOCATIONS FOR POSTING OF MEETING AGENDAS - INTRODUCE The following ordinance was presented to the Council for introduction: ORDINANCE NO. 705 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SPECIFYING LOCATIONS FOR MEETING AGENDA POSTING MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that Ordinance No. 705 be introduced on its first reading and that reading in full be waived. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR ftft.4h. CC -A APPROVAL OF AGREEMENT WITH ROSEMEAD CHAMBER OF COMMERCE AND CIRCUS VARGAS FOR USE OF ROSEMEAD PARR, JULY 30- AUGUST 5, 1992. CC -B SPEED SURVEY AND CROSSING GUARD STUDY FOR WALNUT GROVE AVENUE (WELLS /EDMOND) CC -C CITY MANAGER VACATION REQUEST (AUGUST 5 -31, 1992) CC -D INSTALLATION OF RED CURB IN FRONT OF RAINBOW CAFE MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 7 -14 -92 Page #4 k�0 0 AGREEMENT THIS AGREEMENT, made and entered into this 14th day of November, 1989, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non - profit mutual benefit corporation hereinafter called "CHAMBER ". WHEREAS, the CITY and CHAMBER are desirous of developing a Visitor Information Center, which shall disseminate information concerning the City of Rosemead and its businesses; and WHEREAS, CHAMBER proposes to acquire land and remodel an existing building to serve as headquarters for CHAMBER and the Rosemead Visitor Information Center; and WHEREAS, CHAMBER is unable to raise sufficient funds for such project without the assistance of CITY; and NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall prepare an accounting and shall determine the amount of transient occupancy tax accrued and collected after August 8, 1986. CITY shall establish a separate bank account earmarked for the funds contingently payable to CHAMBER. 2. For all transient occupancy tax revenue collected at the 8% rate, CITY shall for a period of four (4) years, until August 8, 1990, pay into said account, 25% (twenty- rive percent) thereof. Such funds shall be set aside for the following, and no other, purposes: A. Acquisition or land for the proposed building. B. Professional architectural services. C. Actual construction, including remodeling, costs. D. Operation costs of the Rosemead Visitor Center in the new facility. 3. Prior to any disbursements from the account, the proposed expenditure shall be placed upon the agenda of the Rosemead City Council for ratification. Upon approval by the City Council, funds shall be paid out of the account to CHAMBER or its designated payee. 4. In no event shall the transient occupancy tax finds received from CITY be used in conjunction with any fund raising or other operational expenses of CHAMBER. 5. In the event that CHAMBER either ceases to exist or fails to commence construction or acquisition of land by August 1, 1990, CITY may terminate this Agreement and retain all funds in the earmarked account. This Agreement shall not be assignable to any successor to CHAMBER. 6. CHAMBER agrees to submit location, building plans and operation plans for the Visitor Center to CITY for the City Council's prior approval. 1. Before commencing construction or remodeling, CHAMBER agrees to acquire title insurance, liability, property, and workers' compensation insurance in amounts and form subject to the approval of the City Attorney. 8. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and their respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or related N 0 0 to any of CHAMBER's activities, including acts, or omission to act, by any of the CHAMBER's officers, employees, or agents, relating to its building and operations as required by this Agreement. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs incurred by CITY in conjunction with any such claim, demand or judgment. 9. CITY'S only participation in this project is the earmarking, per these terms and conditions, of 25% (twenty -five percent) of the transient occupancy tax revenue for 4 (four) years from and after August 8, 1986. CITY'S obligations shall cease on August 8, 1990. 10. CHAMBER'S complete financial records shall be subject to review and audit by the CITY at any time during the effective period of this Agreement. 11. One of the CITY'S primary motives in entering into this Agreement is to assist in the reduction of the CHAMBER'S operating costs. At the scheduled termination of this Agreement, an accounting shall be made by CITY which sets forth the total of all payments made to CHAMBER and the utilization of such funds. For a period of ten (10) years following the termination or scheduled termination of this Agreement, in the event the land and or building is ever sold or transferred and thereafter utilized for other than the purposes specified herein, and if CHAMBER does not reinvest, for similar purposes, the proceeds of such sale or transfer: A. CHAMBER shall reimburse CITY, pursuant to the following schedule: 1. If building is sold, its use terminates or a lender forecloses, on or before December 80% of CITY's 31, 1990. 3 contribution. 2. If building is sold, its use terminates or a lender forecloses on or after January 1, 60% or CITY's 1991 but prior to December 31, 1992. contribution. 3. If building is sold, its use terminates or a lender forecloses on or after January 1, .. 40% of CITY's 1993 but prior to December 31, 1995. contribution. 4. If building is sold, its use terminates or a lender forecloses on or after January 1, 20% of CITY's 1996 but prior to December 31, 1997. contribution. 5. If building is sold or use terminates on or after January 1, 1998 but prior to 10% of CITY's December 31, 2000. contribution. B. Upon the payment of any funds to or on behalf of CHAMBER, CITY shall be entitled to record a Deed of Trust on the subject property to secure the repayment obligations hereunder. In the event of a sale or transfer that does not result in an immediate reinvestment for authorized purposes, CITY shall be reimbursed out of the proceeds of such sale or transfer. 12. CHAMBER has requested that the amount of $350,000.00 (Three Hundred Fifty Thousand) be advanced, as necessary during escrow, for the purchase price of a residential property located at 3953 N. Muscatel Avenue, Rosemead. CHAMBER plans 4 • ! to remodel said residential building so that it can be utilized for a commercial -type occupancy (Chamber headquarters - Visitor Information Center). The amount requested is approximately the full projected entitlement of CHAMBER pursuant to this .Agreement. CHAMBER hereby agrees that if said funds are advanced, prior to their actual accrual to the fund, CHAMBER will reimburse CITY, by not later than October 31, 1990 for any funds so advanced that the CHAMBER was not entitled to receive by virtue of the actual Transient Occupancy Tax calculations for the period ending August 8, 1990. In the event CHAMBER is entitled to more funds than actually advanced, the remainder will be calculated and paid over to CHAMBER by not later than October 31, 1990. CITY agrees to advance the sum of $350,000.00 (Three Hundred Fifty Thousand) for the CHAMBER's acquisition of real property located at 3953 N. Muscatel Avenue, Rosemead. IN WITNESS WHEREOF, the Cfl'Y by order of its City Council and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. CITY OF ROSEMEEAD By: Mayor Attest: !., City'Cleek , ROSEMEAD CHAMBER OF COMMERCE a non - profit corporation By : —4 -....... I---- -- - _ Prc ent 5 0 • ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD ) I, Janice Warner, City Clerk for the City of Rosemead, do hereby certify that the foregoing agreement was duly and regularly approved by the City Council of the City of Rosemead at a regular meeting thereof held on the 14th day of November, 1989 , by the following vote: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain.: None CLERK 90 2400750 TICOR TITLE INSURANCE CO. OF CALIFORNIA RECORDING REQUESTED BY: City of Rosemead AND WHEN RECORDED RETURN TO: Citv Clerk CITY OF ROSEMEAD 8838 East Valley Blvd. Rosemead, California 91770 ECORDED IN OFFICIAL RECORU OF LOS ANGELES COUNTY, CA FEB 131990 AT 8 A.M. Recorder's Offlce --��R-LECEIVED CITY OF ROSEMEAD VA 71990 A.P.N. 5390 -10 -35 CITY CLERK'S OFFICE FREE G SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (CORPORATION) THIS DEED OF TRUST, made this day between ROSEMEAD CHAMBER OF COMMERCE a corporation organized under the laws of the State of California, herein called Trustor, wh6se address is 9054 East Garvey, Rosemead, California 91770, TITLE INSURANCE and TRUST COMPANY, a California corporation, herein called TRUSTEE, and CITY OF ROSEMEAD, a municipal corporation, herein called BENEFICIARY, WITNESSETH: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in Los Angeles County, California, described as: In the State of California, County of Los Angeles and City of Rosemead: The North 57.65 feet of the South 214.65 feet of Lot 1 in Tract 3360 as shown on a map thereof recorded in Book 37, page 1 of Maps in the Office of the County Recorder of Los Angeles, County, California. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. FOR THE PURPOSE OF SECURING: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Performance of each obligation of Trustor in that certain agreement with the City of Rosemead dated November 14, 1989. A true and correct copy of which is attached hereto marked Exhibit "A" and incorporated herein by this reference. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: By the execution and delivery of this Deed of Trust, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz: COUNTY BOOK PAGE Los Angeles T2055 899 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length; that he will observe and perform said provisions; and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. TRUSTOR(s) ROSEMEAD CHAMBER OF COMMERCE, a corporation By: /✓ (President) (Secretary 2 90 240675 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) 0 On this ��h day of a, b,+ j_ L fir: c , in the year 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared BP_44 o L�ntixi Ar t ; I I I r , known to me (or proved to me on the basis of satisfactory evidence) to be the President, and l r�Ce ki ?LISP, known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State. c ...w ♦......... f....... H....... ♦ OFFICIAL SEAL t = ``; JAN SAAVEDRA Notary Pubiic California ♦ � � - Principal Office In ♦ Los Angeles County ♦ Ij My Comm. Exp. June 15. 1990 ♦ 90 240(75 1 t • • V "EXHIFIT A" AGREEMENT THIS AGREEMENT, made and entered into this 14th day of November, 1989, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non -proGl mutual benefit corporation hereinafter called "CHAMBER ". WHEREAS, the CITY and CHAMBER are desirous of developing a Visitor Information Center, which shall disseminate information concerning the City of Rosemead and its businesses; and WHEREAS, CHAMBER proposes to acquire land and remodel an existing building to serve as headquarters for CHAMBER and the Rosemead Visitor Information Center; and WHEREAS, CHAMBER is unable to raise sufficient funds for such project without the assistance of CITY; and NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall prepare an accounting and shall determine the amount of transient occupancy tax accrued and collected after August 8, 1986. CITY shall establish a separate bank account earmarked for the funds contingently payable to CHAMBER. 2. For all transient occupancy tax revenue collected at the 8% rate, CITY shall for a period of four (4) years, until August 8, 1990, pay into said account, 2S% (twenty- five percent) thereof. Such funds shall be set aside for the following, and no other, purposes: g0 240075 A. Acquisition of land for the proposed building. B. Professional architectural services. C. Actual construction, including remodeling, costs. D. Operation costs of the Rosemead Visitor Center in the new facility. 3. Prior to any disbursements from the account, the proposed expenditure shall be placed upon the agenda of the Rosemead City Council for ratification. Upon approval by the City Council, ftmds shall he paid out of the account to CHAMBER or its designated payee. 4. In no event shall the transient occupancy tax funds received from CITY be used in conjunction with any fund raising or other operational expenses of CHAMBER. 5. In the event that CHAMBER either ceases to exist or fails to commence construction or acquisition or land by August 1, 1990, CITY may terminate this Agreement and retain all funds in the earmarked account. This Agreement shall not be assignable to any successor to CHAMBER. 6. CHAMBER agrees to submit location, building plans and operation plans for the Visitor Center to CITY for the City Council's prior approval. 7. Before commencing construction or remodeling, CHAMBER agrees to acquire title insurance, liability, property, and workers' compensation insurance in amounts and form subject to the approval of the City Attorney. 8. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and their respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or related N 90 2400'75 to any of CHAMBER's activities, including acts, or omission to act, by any of the CHAMBF,R's officers, employees, or agents, relating to its building and operations as required by this Agreement. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs incurred by CITY in conjunction with any such claim, demand or judgment. 9. CITY'S only participation in this project is the earmarking, per these terms and conditions, of 25% (twenty -five percent) of the transient occupancy tax revenue for 4 (four) years from and after August 8, 1986. CITY'S obligations shall cease on August 8, 1990. 10. CHAMBER'S complete financial records shall be subject to review and audit by the CITY at any time during the effective period of this Agreement. 11. One of the CITY'S primary motives in entering into this Agreement is to assist in the reduction of the CHAMBER'S operating costs. At the scheduled termination of this Agreement, an accounting shall be made by CITY which sets forth the total of all payments made to CHAMBER and the utilization of such funds. For a period of ten (10) years following the termination or scheduled termination of this Agreement, in the event the land and or building is ever sold or transferred and thereafter utilized for other than the purposes specified herein, and if CHAMBER does not reinvest, for similar purposes, the proceeds of such sale or transfer: A. CHAMBER shall reimburse CITY, pursuant to the following schedule: 1. If building is sold, its use terminates or a lender forecloses, on or before December 80% of CITY's 31, 1990. contribution. A] 2400'75 It 2. If building is sold, its use terminates or a lender forecloses on or after January 1; 600/v or CITY's 1991 but prior to December 31, 1992. contribution. 3. If building is sold, its use terminates or a lender forecloses on or after January 1, 40% of CITY's 1993 but prior to December 31, 1995. contribution. 4. If building is sold, its use terminates or a lender forecloses on or after January 1, 20% of CITY's 1996 but prior to December 31, 1997. contribution. 5. If building is sold or use terminates on or after January 1, 1998 but prior to 10% of CITY's December 31, 2000. contribution. B. Upon the payment of any funds to or on behalf of CHAMBER, CITY shall be entitled to record a Deed of Trust on the subject property to secure the repayment obligations hereunder. In the event of a sale or transfer that does not result in an immediate reinvestment for authorized purposes, CITY shall be reimbursed out of the proceeds of such sale or transfer. 12. CHAMBER has requested that the amount of $350,000.00 (Three Hundred Fifty Thousand) be advanced, as necessary during escrow, for the purchase price of a residential property located at 3953 N. Muscatel Avenue, Rosemead. CHAMBER plans J 90 2400'75 to remodel said residential building so that it can be utilized for a commercial -type occupancy (Chamber headquarters - Visitor Information Center). The amount requested is approximately the full projected entitlement of CHAMBER pursuant to this Agreement. CHAMBER hereby agrees that if said funds are advanced, prior to their actual accrual to the fund, CHAMBER will reimburse CITY, by not later than October 31, 1990 for any funds so advanced that the CHAMBER was not entitled to receive by virtue of the actual Transient Occupancy Tax calculations for the period ending August 8, 1990. In the event CHAMBER is entitled to more funds than actually advanced, the remainder will be calculated and paid over to CHAi14BER by not later than October 31, 1990. CITY agrees to advance the sum of $350,000.00 (Three Hundred Fifty Thousand) for the CHAMBER's acquisition of real property located at 3953 N. Muscatel Avenue, Rosemead. IN WITNESS WHEREOF, the CITY by order of its City Council and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. Attest: City Clerk CITY OF ROSEMEAD Mayor ROSEMEAD CHAMBER OF COMMERCE; a non -profit corporation F Prc�ident 90- 240075 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD ) I, Janice Warner, City Clerk for the City of Rosemead, do hereby certify that the foregoing agreement was duly and regularly approved by the City Council of the City of Rosemead at a regular meeting thereof held on the 14th day of November, 1989 by the following vote: Yes: DeCocker, Taylor, PJcDonald, Bruesch, Imperial No: None Absent: None Abstain.: None CLERK 90 240075 RECORDING REQUESTED BY: City of Rosemead AND WHEN RECORDED RETURN TO: City Clerk CITY OF ROSEMEAD 8838 East Valley Blvd. Rosemead, California 91770 E A.P.N. 5390 -10 -35 SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (CORPORATION) THIS DEED OF TRUST, made this day of ROSEMEAD CHAMBER OF COMMERCE between a corporation organized under the laws of the State of California, herein called Trustor, whose address is 9054 East Garvey, Rosemead, California 91770, TITLE INSURANCE and_TRUST COMPANY, a. California .corporation, herein called: TRUSTEE, and CITY OF ROSEMEAD, a municipal corporation, herein called BENEFICIARY, WITNESSETH: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in Los Angeles County, California, described as: In the State of California, County of Los Angeles and City of Rosemead: The North 57.65 feet of the South 214.65 feet of Lot 1 in Tract 3360 as shown on a map thereof recorded in Book 37, page 1 of Maps in the Office of the County Recorder of Los Angeles, County, California. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. FOR THE PURPOSE OF SECURING: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Performance of each obligation of Trustor in that certain agreement with the City of Rosemead dated November 14, 1989. A true and correct copy of which is attached hereto marked Exhibit "A" and incorporated herein by this reference. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: By the execution and delivery of this Deed of Trust, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz: COUNTY BOOK PAGE Los Angeles T2055 899 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length; that he will observe and perform said provisions; and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. TRUSTOR(s) ROSEMEAD CHAMBER OF COMMERCE, a corporation By: (President) Bl 61k" 'VC-1 C�- i tiln (Secretary) E STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this ''! day of : i;;, _; _,_;_;._ in the year 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me (or proved to me on the basis of satisfactory evidence) to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. / l Notary Public in and for said State: 3 ..- .- ................... w......e . 0 OFFICIAL SEAS ♦ ¢ " \- - JAN SAAVEDRA e ' °, ""�` "^ Notay PubiicCa hiornia . Principal Office In • Lo, Angelcs Coemt� 1 My Comm. Exp. June 15. 1990 e •eeeeae.e •aeaeae.eeea.....ew.raa • • AGREEMENT THIS AGREEMENT, made and entered into this 14th day of November, 1989, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY ", and the ROSEMEAD CHAMBER OF COMMERCE, a non - profit mutual benefit corporation hereinafter called "CHAMBER ". WHEREAS, the CITY and CHAMBER are desirous of developing a Visitor Information Center, which shall disseminate information concerning the City of Rosemead and its businesses; and WHEREAS, CHAMBER proposes to acquire land and remodel an existing building to serve as headquarters for CHAMBER and the Rosemead Visitor Information Center; and WHEREAS, CHAMBER is unable to raise sufficient funds for such project without the assistance of CITY; and NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall prepare an accounting and shall determine the amount of transient occupancy tax accrued and collected after August 8, 1986. CITY shall establish a separate bank account earmarked for the funds contingently payable to CHAMBER. 2. For all transient occupancy tax revenue collected at the 8 % rate, CITY shall for a period of four (4) years, until August 8, 1990, pay into said account, 25% (twenty- five percent) thereof. Such funds shall be set aside for the following, and no other, purposes: 0 9 A. Acquisition of land for the proposed building. B. Professional architectural services. C. Actual construction, including remodeling, costs. D. Operation costs of the Rosemead Visitor Center in the new facility. 3. Prior to any disbursements from the account, the proposed expenditure shall be placed upon the agenda of the Rosemead City Council for ratification. Upon approval by the City Council, funds shall be paid out of the account to CHAMBER or its designated payee. 4. In no event shall the transient occupancy tax funds received from CITY be used in conjunction with any fund raising or other operational expenses or CHAMBER. 5. In the event that CHAMBER either ceases to exist or fails to commence construction or acquisition of land by August 1, 1990, CITY may terminate this Agreement and retain all funds in the earmarked account. This Agreement shall not be assignable to any successor to CHAMBER. 6. CHAMBER agrees to submit location, building plans and operation plans for the Visitor Center to CITY for the City Council's prior approval. 7. Before commencing construction or remodeling, CHAMBER agrees to acquire title insurance, liability, property, and workers' compensation insurance in amounts and form subject to the approval of the City Attorney. 8. CHAMBER does hereby indemnify, and agree to defend and hold free and harmless, the CITY and their respective appointed and elected officers, agents, employees and officials, from any claim, demand or judgment arising out of or related 2 0 0 to any of CHAMBER's activities, including acts, or omission to act, by any of the CHANIBER'S officers, employees, or agents, relating to its building and operations as required by this Agreement. Such indemnity shall include, but not be limited to, the payment by CHAMBER to CITY of any and all costs incurred by CITY in conjunction with any such claim, demand or judgment. 9. CITY'S only participation in this project is the earmarking, per these terms and conditions, of 25% (twenty -five percent) of the transient occupancy tax revenue for 4 (four) years from and after August 8, 1986. CITY'S obligations shall cease on August 8, 1990. 10. CHAMBER'S complete financial records shall be subject to review and audit by the CITY at any time during the effective period of this Agreement. 11. One of the CITY'S primary motives in entering into this Agreement is to assist in the reduction of the CHAMBER'S operating costs. At the scheduled termination of this Agreement, an accounting shall be made by CITY which sets forth the total of all payments made to CHAMBER and the utilization of such funds. For a period of ten (10) years following the termination or scheduled termination of this Agreement, in the event the land and or building is ever sold or transferred and thereafter utilized for other than the purposes specified herein, and if CHAMBER does not reinvest, for similar purposes, the proceeds of such sale or transfer: A. CHAMBER shall reimburse CITY, pursuant to the following schedule: 1. If building is sold, its use terminates or a lender forecloses, on or before December 80% of CITY's 31, 1990. 3 contribution. 0 0 2. If building is sold, its use terminates or a lender forecloses on or after January 1., 1991 but prior to December 31, 1992. 3. If building is'sold, its use terminates or a lender forecloses on or after January 1, 1993 but prior to December 31, 1995. 4. If building is sold, its use terminates or a lender forecloses on or after January 1, 1996 but prior to December 31, 1997. 5. If building is sold or use terminates on or after January 1, 1998 but prior to December 31, 2000. 60% or CITY's contribution. 40% of CITY's contribution. 20% of CITY's contribution. 10% of CITY's contribution. B. Upon the payment of any funds to or on behalf of CHAMBER, CITY shall be entitled to record a Deed of Trust on the subject property to secure the repayment obligations hereunder. In the event of a sale or transfer that does not result in an immediate reinvestment for authorized purposes, CITY shall be reimbursed out of the proceeds of such sale or transfer. 12. CHAMBER has requested that the amount of $350,000.00 (Three Hundred Fifty Thousand) be advanced, as necessary during escrow, for the purchase price of a residential property located at 3953 N. Muscatel Avenue, Rosemead. CHAMBER plans 1i �J u to remodel said residential building so that it can be utilized for a commercial -type occupancy (Chamber headquarters - Visitor Information Center). The amount requested is approximately the full projected entitlement of CHAMBER pursuant to this Agreement. CHAMBER hereby agrees that if said funds are advanced, prior to their actual accrual to the fund, CHAMBER will reimburse CITY, by not later than October 31, 1990 for any funds so advanced that the CHAMBER was not entitled to receive, by virtue of the actual Transient Occupancy Tax calculations for the period ending August S, 1990. In the event CHAMBER is entitled to more funds than actually advanced, the remainder will be calculated and paid over to CHAMBER by not later than October 31, 1990. CITY agrees to advance the sum of $350,000.00 (Three Hundred Fifty Thousand) for the CHAMBER's acquisition of real property located at 3953 N. Muscatel Avenue, Rosemead. IN WITNESS WHEREOF, the CITY by order of its City Council and the CHAMBER by order of its Board or Directors, have caused this Agreement to be executed on the day and year first written above. Attest: T- City Clerk CITY OF ROSEMEAD By:��1< <;.% Mayor ROSEMEAD CHAMBER OF COMMERCE: a non -profit corporation 5 Pre) ent ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD • ) 0 I, Janice Warner, City Clerk for the City of Rosemead, do hereby certify that the foregoing agreement was duly and regularly approved by the City Council of the City of Rosemead at a regular meeting thereof held on the 14th day of November, 1989 by the following vote: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None C CLERK AGREEMENT FOR COMMERCIAL REHABILITATION OUTREACH SERVICES WITH THE " ROSEMEAD CHAMBER OF COMMERCE THIS AGREEMENT entered into this - _ day of _ _, 1985, between the City of Rosemead (hereinafter referred to as "CITY ") and the Rosemead Chamber of Commerce (hereinafter referred to as "CHAMBER "). I DESCRIPTION OF WORK CHAMBER shall provide Outreach Services for the CITY's Commercial Rehabilitation Assistance Program. The specific services to be pro- vided within designated target areas for this program shall include? 1. Dividing the target areas into blocks for organizational purposes. 2. Selecting a "block captain" for each block. 3. Conducting an orientation meeting for block captains, CITY repre- sentatives and other group representatives. 4. Contacting property owners and tenants by mail, advising them of the time and place at which the Commercial Rehabilitation Assis- tance Program will be discussed for property owners /tenants in their block. 5. Personally contacting as many property owners and tenants as possible and informing them of the informational meeting scheduled .. - .for their block. 6. Distributing the informational brochure to be prepared by the CITY to all property owners /tenants in designated target areas. 7. Conducting information meetings for property owners /tenants in each block with technical assistance from CITY staff, and main- taining minutes for all such meetings. s • 8. Mailing minutes of meetings to all property owners /tenants with an invitation to those who missed their block meeting to attend the next scheduled meeting. 9. Providing follow -up to inquiries from property owners /tenants as necessary. 10. Attending monthly progress meetings with CITY staff and furnish- ing monthly progress reports II TIME_OF PERFORMANCE All services required pursuant to this Agreement shall commence when, and as directed by the City Manager or a designated representa- tive thereof, and shall be completed within such times as are reasonably established by the City Manager or his representative. III COMPENSATION AND METHOD OF PAYMENT A. Rates: For services performed under this Agreement, the CITY shall pay the CHAMBER at the rate of $10.00 per hour, provided that the maximum level of effort per month shall not exceed 120 hours Said rate shall remain in effect for the term of this Agreement. B. Expenses: In connection with services performed under this Agreement. CHAMBER shall be: reimbursed up to* $25.00 per month for telephone expenses. C. Maximum Compensation: The services performed under this Agreement shall not exceed the sum of $14,700 without prior authorization. -2- 0 0 IV METHOD OF PAYMENT The CHAMBER shall submit a monthly invoice to the CITY specifying the amount due for services performed by the CHAMBER. Such invoice shall: 1. Described the services performed. 2. Specify the number of ours worked by each staff member on said services during the month. 3. Indicate the total expenditures to date. Such invoice for payment shall contain a certification by a prin- cipal member of the CHAMBER's staff specifying payment requested is for work performed in accordance with the provisions of this Agree- ment. Upon approval of the invoice, the CITY shall make payment as soon thereafter as the CITY's regular procedures provide. V TERM OF AGREEMENT This Agreement shall be in effect until June 30, 1986, with an option for its renewal at said date. VI TERMINATION OF AGREEMENT This Agreement can be terminated upon 30 days notification by either of the parties hereto. VII .RECORDS AND AUDITS The :CHAMBER shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper ac- counting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or -3- any authorized representative, and will be retained for five years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. VIII EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CHAMBER agrees as follows: 1. The CHAMBER will not discriminate against any employee or appli- cant for employment because of race, creed. sex, color or national origin. The CHAMBER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion. or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CHAMBER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non - discrimination clause. 2." The CHAMBER will, in all ,solicitation or ..advertisements for employees placed by or on behalf of the 'CHAMBER, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. 3. The CHAMBER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so -4- that such provisions will be binding upon each subcontractor. w provided that the foregoing provisions shall not apply to con- tracts or subcontracts for standard commercial supplies or raw materials. 4. The CHAMBER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The CHAMBER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regulations and orders. 6. In the event of the CHAMBER'S non - compliance with the equal op- portunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be cancelled, termi- nated, or suspended in whole or in part and the CHAMBER may be declared ineligible for further government contracts in accor- dance with procedures authorized in Executive Order 11246 of September 24, 1965, and such 'other sanctions. may be :imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. -5- 7. The CHAMBER will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcon- tractor or vendor. The CHAMBER will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event the CHAMBER becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, the CHAMBER may request the United States to enter into such litigation to protect the interests of the United States. IX CIVIL RIGHTS ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall . on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal finan- cial assistance. X SECTION 109 OF THE:HOUSING AND COMMUNITY DEVELOPMENT ACT-OF-1974 No person in `the United States shall: on the grounds of race, color, national origin, or sex be excluded from participation in. be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 4e XI "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING,-EMPLOYMENT-AND BUSINESS OPPORTUNITIES: 1. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Sec- tion 3 requires that to the greatest extent feasible, opportuni- ties for training and employment be given to lower income resi- dents of the project area and contracts for work in connection with the project be awarded to business concerns which are locat- ed in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no con- tractual or other disability which would prevent them from com- plying with these requirements. 3. The CHAMBER will send to each labor organization or representa- tive of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any, a notice advis- ing the said labor organization or workers' representative of his -7- 0 0 commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and ap- plicants for employment or training. 4. The CHAMBER will include this Section 3 clause in every subcon- tract for work in connection with the project and will. at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regula- tions issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The CHAMBER will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assis- tance provided to the project, binding upon the applicant or recipient for such assistance, its successors.and:assigns. Fail- ure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agree- ment or contract through which federal assistance is provided. and to such sanctions as are specified by 24 CFR Part 135. XII INTEREST OF MEMBERS OF A CITY No member of the governing body of the CITY and no other officer. employee, or agent of the CITY who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XIII INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other pub- lic official of such locality, who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XIV INTEREST OF CONSULTANT AND EMPLOYEES The CHAMBER covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CHAMBER further covenants that in the performance of this Agreement, no person having any such, interest shall be employed. XV NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent to the CITY and the CHAMBER at the addresses listed below: CITY OF ROSEMEAD 8838 E. Valley Boulevard Rosemead, CA 91770 Rosemead Chamber of Commerce 8780 E. Valley Boulevard Rosemead, CA 91770 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF ROSEMEAD or City Clerk AVN:Is JN 55184 5/29/85 -10- ROSEMEAD CHAMBER OF COMMERCE Manager Y' 3tl �4 January 27, 1983 k -411 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (213) 288 -6671 Bonnie Culbertson, Manager Chamber of Commerce - 8780 E. Vallev Blvd. Rosemead, California 91770 i Dear Mrs. Culberr;son:�- -� The City Council of the City of Rosemead took action at their regular meeting of January 25, 1983 to introduce Ordinance No. 558, Authorizing Temporary Licenses for Outdoor Sales by Community Businessess. The Ordinance is attached for your review. The Council will consider the adoption of this Ordinance at their next regular meeting scheduled for February 8, 1983. Should you have any questions please contact this office. Thank you for your consideration and cooperation. _Sincerely; -FRANK G.'TRIPEPI (ity Manager FGT:cam Attachment MAYOR: MAYOR PRO TEM: COUNCILMEN: LOUIS TURY, JR. O.H. "PAT" CLEVELAND MARVIN J. CICHV JAY T. IMPERIAL GARY TAYLOR PETER L. WALLIN ROBERT L. KRESS IRWIN B. ROSENSTEIN C. EDWARD OILKES CARY S. REISMAN STANTON J. PRICE WALLIN, KRESS, ROSENSTEIN & DILKES LAW OFFICrS 3340 OCEAN PARK BOULEVARD. SUITE 1060 SANTA MONICA, CALIFORNIA 90405-3297 TO: CITY MANAGER FROM: CITY ATTORNEY ,4'—A� RE: OUTDOOR SIDEWALK SALES DATE: JANUARY 20, 1983 At the last regular meeting, the City Council expressed an interest in clarifying the City Code with respect to licensing special outdoor "sidewalk" sales by community business organizations. AREA CODE 213 450 -9582 870 -5776 Attached, for your consideration, is an Ordinance which will provide for such sales on a limited basis. encl. ORDINANCE NO. 558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING TEMPORARY LICENSES FOR OUTDOOR SALES BY COMMUNITY BUSINESSES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLO' 17 S : SECTION 1. The City Council of the City of Rosemead does hereby find, determine and declare: a. That the Rosemead Chamber of Commerce has requested permission to conduct a so- called "sidewalk sale" to promote business within the City of Rosemead;. b. That the current ordinances of the City do not clearly authorize such events; and C. The City Council is desirous of authorizing such sales on a very limited and controlled basis only. SECTION 2. New section 6211(c) is hereby added to the Rosemead Municipal Code to read as follows: 6211 (c) Temporary Licenses A temporary license for special outdoor promotional sales may be issued by the City Council when the following requirements are satisfied: 1. The applicant shall be a representative organization of a substantial number of businesses in the City. 2. The proposed outdoor promotional sale shall be of not longer than two (2) days' duration. 3. That only two (2) such sales shall be permitted city wide in any calendar year. 4. The applicant shall present plans satisfactory to the City Manager regarding the proposed usage of public right -of -way (i.e. sidewalks). 5. The applicant shall provide liability insurance, naming the City and its officers and agents as additional insureds. The amount and specific kinds of insurance required shall be determined by the City Manager on an individual application basis. 6. Participation in such sales shall be limited to businesses listed in the application. SECTION 3. The City Clerk shall. certify to the adoption of this Ordinance and shall cause the same to be processed according to law. ATTEST: CITY CLERK MAYOR OF TILE CITY OF ROSEMEAD AGREEMENT FOR COMMERCIAL REHABILITATION OUTREACH SERVICES WITH THE ROSEMEAD CHAMBER OF COMMERCE THIS AGREEMENT entered into this day of 1986, between the City of Rosemead (hereinafter referred to as "CITY ") and the Rosemead Chamber of Commerce (hereinafter referred to as "CHAMBER "). I DESCRIPTION OF WORK CHAMBER shall provide Outreach Services for the CI.TY's Commercial Rehabilitation Assistance Program. The specific services to be pro- vided within designated target areas for this program shall include: 1. Dividing the target areas into blocks for organizational purposes. 2. Selecting a "block captain" for each block. 3. Conducting an orientation meeting for block captains, CITY repre- sentatives and other group representatives. 4. Contacting property owners and tenants by mail, advising them of the time and place at which the Commercial Rehabilitation Assis- tance Program will be discussed for property owners /tenants in their block. 5. Personally contacting as many property owners and tenants as possible and informing them of the informational meeting scheduled for their block. 6. Distributing the informational brochure to be prepared by the CITY to all property owners /tenants in designated target areas. 7. Conducting information meetings for property owners /tenants in each block with technical assistance from CITY staff, and main- taining minutes for all such meetings. • • 8. Mailing minutes of meetings to all property owners /tenants with an invitation to those who missed their block meeting to attend the next scheduled meeting. 9. Providing follow -up to inquiries from property owners /tenants as necessary. 10. Attending monthly progress meetings with CITY staff and furnish- ing monthly progress reports II TIME OF PERFORMANCE A11 services required pursuant to this Agreement shall commence when, and as directed by the City Manager or a designated representa- tive thereof, and shall be completed within such times as are reasonably established by the City Manager or his representative. III COMPENSATION AND METHOD OF PAYMENT A. Rates: For services performed under this Agreement, the CITY shall pay the CHAMBER at the rate of $10.00 per hour, provided that the maximum level of effort per month shall not exceed 120 hours Said rate shall remain in effect for the term of this Agreement. B. Expenses: In connection with services performed under this Agreement CHAMBER shall be reimbursed up to $25.00 per month for telephone expenses. C. Maximum Compensation: The services performed under this Agreement shall not exceed the sum of $14,700 without prior authorization. -2- IV METHOD OF PAYMENT The CHAMBER shall submit a monthly invoice to the CITY specifying the amount due for services performed by the CHAMBER. Such invoice shall: 1. Described the services performed. 2. Specify the number of ours worked by each staff member on said services during the month. 3. Indicate the total expenditures to date. Such invoice for payment shall contain a certification by a prin- cipal member of the CHAMBER's staff specifying payment requested is for work performed in accordance with the provisions of this Agree- ment. Upon approval of the invoice, the CITY shall make payment as soon thereafter as the CITY's regular procedures provide. V TERM OF AGREEMENT This Agreement shall be in effect until June 30, 1987, with an option for its renewal at said date. VI TERMINATION OF AGREEMENT This Agreement can be terminated upon 30 days notification by either of the parties hereto. VII RECORDS AND AUDITS The CHAMBER shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper ac- counting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or -3- any authorized representative, and will be retained for five years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. VIII EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CHAMBER agrees as follows: 1. The CHAMBER will not discriminate against any employee or appli- cant for employment because of race, creed, sex, color or national origin. The CHAMBER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion. or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CHAMBER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non- discrimination clause. 2. The CHAMBER will, in all solicitation or advertisements for employees placed by or on behalf of the CHAMBER, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. 3. The CHAMBER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so -4- that such provisions will be binding upon each subcontractor. provided that the foregoing provisions shall not apply to con- tracts or subcontracts for standard commercial supplies or raw materials. 4. The CHAMBER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The CHAMBER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regulations and orders. 6. In the event of the CHAMBER'S non - compliance with the equal op- portunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be cancelled. termi- nated, or suspended in whole or in part and the CHAMBER may be declared ineligible for further government contracts in accor- dance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. -5- 0 0 7. The CHAMBER will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcon- tractor or vendor. The CHAMBER will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event the CHAMBER becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, the CHAMBER may request the United States to enter into such litigation to protect the interests of the United States. IX CIVIL RIGHTS ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall . on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal finan- cial assistance. X SECTION 109 OF THE HOUSING AND-COMMUNITY-DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in. be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available Under this title. XI "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: 1. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Sec- tion 3 requires that to the greatest extent feasible, opportuni- ties for training and employment be given to lower income resi- dents of the project area and contracts for work in connection with the project be awarded to business concerns which are locat- ed in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no con- tractual or other disability which would prevent them from com- plying with these requirements. 3. The CHAMBER will send to each labor organization or representa- tive of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any', a notice advis- ing the said labor organization or workers' representative of his -7- 0 0 commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and ap- plicants for employment or training. 4. The CHAMBER will include this Section 3 clause in every subcon- tract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regula- tions issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The CHAMBER will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assis- tance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Fail- ure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agree- ment or contract through which federal assistance is provided. and to such sanctions as are specified by 24 CFR Part 135. �s XII INTEREST OF MEMBERS OF A CITY No member of the governing body of the CITY and no other officer; employee, or agent of the CITY who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XIII INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other pub- lic official of such locality, who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XIV INTEREST OF CONSULTANT AND EMPLOYEES The CHAMBER covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CHAMBER further covenants that in the performance of this Agreement, no person having any such interest shall be employed. XV NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent to the CITY and the CHAMBER at the addresses listed below: CITY OF ROSEMEAD 8838 E. Valley Boulevard Rosemead, CA 91770 Rosemead Chamber of Commerce 9054 E. Garvey Avenue Rosemead, CA 91770 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF ROSEMEAD ROSEMEAD CHAMBER OF COMMERCE Mayor --------------- F1anager -- City Clerk -10- �Cd AGREEMENT THIS AGREEMENT, made and entered into this I Ith day of January 1990 by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter called "CITY", and the ROSEMEAD CHAMBER OF COMMERCE, a non - profit mutual benefit corporation hereinafter called "CHAMBER ". WHEREAS, the CITY and CHAMBER are desirous of promoting the image of the City of Rosemead by the hanging of "DISCOVER ROSEMEAD" street banners throughout the business district; and WHEREAS, Southern California Edison Company is only willing to grant approval of a Permit for Street Light Pole Attachment to a governmental entity. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth the parties hereto agree as follows: 1. CITY shall secure a Permit for Street Light Pole Attachment from Souther California Edison Company. The Permit shall be issued in substantially the form, attached hereto, marked Exhibit "A ", and incorporated herein by this reference. 2. CHAMBER, in consideration of CITY'S securing of the Permit for Sheet Light Pole Attachment, agrees to hold the CITY, its agents, employees, officers and contractors harmless and indemnified against all loss, expense, claims, actions, causes of action, damages, cost, or liabilities, including court costs and attorneys fees, for injuries to or death of any person(s) including employees, agents, and contractors of Southern California Edison, arising out of or resulting in any manner whatsoever from the attachment, installation, maintenance, and /or removal of special occasion banners and assemblies anywhere in the Edison or other public right- of-way. CHAMBER further agrees to be fully responsible and hold CITY, its agents, employees, officers, and contractors harmless from any liability for property damage, caused by the placement or maintenance of such banners. Such possible property damage includes, but is not limited to damage to Southern California Edison utility poles. 3. CHAMBER agrees that it will take out and keep in full force and effect during the term of this Agreement, liability insurance coverage with reference to its activities pursuant to this Agreement. Such insurance coverage shall name the City and its respective appointed and elected officers, agents, employees and officials as additional insureds. Such liability policies shall be in a form approved by the City Attorney as to coverage, amounts and issuing companies. 4. This Agreement shall be effective as of January 11, 1.990 and shall terminate on November 1, 1 ,1990, or such earlier date as mutually agreed upon by the parties hereto. 2 IN WITNESS WHEREOF, the CITY by order of its City Council and the CHAMBER by order of its Board of Directors, have caused this Agreement to be executed on the day and year first written above. Attest: a"111n_t� � City Clerk ROSEMEAD CHAMBER OF COMMERCE a non•prorit corporation 3 0/ Mir f •� EXHIBIT A • I . PERMIT FOR STREET LIGHT POLE ATTACHMENT January 24, 1990 City of Rosemead Subject: Permit to Attach Special Occasion Banners Permission is hereby granted to attach City special occasion banners to street lighting poles belonging to the Southern California Edison Company subject to the following conditions: 1. A list of poles to be utilized will be provided by the City and approved by Edison prior to attachment of the banners. 2. The Southern California Edison Company shall be held harmless and indemnified against all loss, expense, claims, actions, cause of action, damages, cost, or liabilities, including court costs and attorney fees, for injuries to or death of any person(s) including employees, agents, and contractors of Edison, arising out of or resulting in any manner whatsoever from the attachment, installation, maintenance, and /or removal of special occasion banners and assemblies on Edison owned street light poles. 0 =PM 9 3. It is agreed that all such materials have been approved by the Edison Company prior to attachment or installation, and attached to Edison street light poles by means of a stainless clamping ring and in a manner that will not crush, crack, or deform the street light pole. The material, while being displayed, shall clear any overhead street lighting conductor by a minimum of ten feet. 4. It is understood and agreed that should a street light pole be crushed, cracked, deformed, or damaged in any other way by the attachment of such material, the City will reimburse Edison for any expenses for corrective action required including, but no limited to, the replacement of the street light pole. -3- 5. It is also agreed that the City shall ensure that special occasion banners and assemblies shall be installed and maintained in a good, safe and workmanlike manner and in compliance with all applicable laws, rules, regulations, ordinances, and decrees of all lawable laws, regulations, ordinances, and degrees of all lawfully constituted federal, state, county, or city legislative bodies, administrative agencies, or tribunals pertaining thereto, including General Order No. 95 of the Public Utilities Commission of the State of California, and the California Occupational Safety and Health Act. 6. The City shall ensure that said banners are installed on or after January 1, 1990. The City also agrees to ensure that all such special occasion banners will be removed on or before November 1, 1990. In the event the materials are not removed by November 1, 1990, Edison will remove such material and the City will ensure that Edison is reimbursed for such removal and storage costs. -4- This permit is granted to attach special occasion banners on a temporary basis to Edison -owned street light poles upon receipt by the Edison Company of one copy of this letter signed by a duly authorized official of the City of Rosemead. Very truly yours, mrG.C.'x MICHAEL K. GADD District Manager ACCEPTED AND AGREED BY THE CITY OF ROSEMEAD BY: TIT: DATE: January 29, 1990 L] PERMIT FOR STREET LIGHT POLE ATTACHMENT ADDENDUM Southern California Edison Street Lights on Which Banners Are Attached: Pole # Location 127857E Valley Blvd, Southeast corner of Rio Hondo 1366865E Valley Blvd, Southwest corner of Rio Hondo 1366866E Valley Blvd, Southwest corner of Muscatel 1366867E Valley Blvd, Southwest of Muscatel 1366870E Valley Blvd, Southest of Walnut Grove 1366876E Valley Blvd, Southest corner of Walnut Grove 1366977E Valley Blvd, Southwest corner of Walnut Grove 1366875E Valley Blvd, Southeast of Walnut Grove 2368105E Garvey Ave, Northeast of Sullivan 2368108E Garvey Ave, Southeast of Sullivan 2368366E Garvey Ave, Northeast corner of Muscatel 2368288E Garvey Ave, Southeast corner of Muscatel 2368283E Garvey Ave, Southwest corner of Muscatel 2368282E Garvey Ave, Northwest corner of Muscatel 2184195E Garvey Ave, Northeast corner of Walnut Grove 2127122E Garvey Ave, Southeast corner of Walnut Grove 2129482E Garvey Ave, Northwest corner of Walnut Grove 2164198E Garvey Ave, Southwest corner of Walnut Grove 2127114E Garvey Ave, Northeast corner of San Gabriel Missing number In front of 8208 E. Garvey, Southeast corner of Walnut Grove 2183564E Garvey Blvd, Northwest corner of San Gabriel 2127583E Garvey Ave, Southwest corner of San Gabriel 4012277E Garvey Ave, Northeast corner of Del Mar 4127864E Garvey Ave, Northwest corner of Del Mar 4012274E Garvey Ave, Southeast corner of Del Mar 4012271E Garvey Ave, Southeast corner.of Del Mar 4012253E Garvey Ave, Northeast of Dequine 4012251E Garvey Ave, Southeast of Dequine 2005504E Rosemead Blvd, Southwest corner of Marshall 2279039E Rosemead Blvd, Northwest of Glendon Way EJ:lmr AGREEMENT FOR COMMERCIAL REHABILITATION OUTREACH SERVICES WITH THE ROSEMEAD CHAMBER OF COMMERCE THIS AGREEMENT entered into this 22nd day of July 1906, between the City of Rosemead (hereinafter referred to as "CITY ") and the Rosemead Chamber of Commerce (hereinafter referred to as "CHAMBER "). I DESCRIPTION OF WORK CHAMBER shall provide Outreach Services for the CITY's Commercial Rehabilitation Assistance Program. The specific services to be pro- vided within designated target areas for this program shall include: 1. Dividing the target areas into blocks for organizational purposes. 2. Selecting a "block captain" for each block. 3. Conducting an orientation meeting for block captains, CITY repre- sentatives and other group representatives. 4. Contacting property owners and tenants by mail, advising them of the time and place at which the Commercial Rehabilitation Assis- tance Program will be discussed for property owners /tenants in their block. 5. Personally contacting as many property owners and tenants as possible and informing them of the informational meeting scheduled for their block. 6. Distributing the informational brochure to be prepared by the CITY to all property owners /tenants in designated target areas. 7. Conducting information meetings for property owners /tenants in each block with technical assistance from CITY staff, and main- taining minutes for all such meetings. 8. Mailing minutes of meetings to all property owners /tenants with an invitation to those who missed their block meeting to attend the next scheduled meeting 9. Providing follow -up to inquiries from property owners /tenants as necessary. 10. Attending monthly progress meetings with CITY staff and furnish - ing monthly progress reports II TIME OF PERFORMANCE A11 services required pursuant to this Agreement shall commence when, and as directed by the City Manager or a designated representa- tive thereof, and shall be completed within such times as are reasonably established by the City Manager or his representative. III COMPENSATION AND METHOD OF PAYMENT A. Rates: For services performed under this Agreement, the CITY shall pay the CHAMBER at the rate of $10.00 per hour, provided that the maximum level of effort per month shall not exceed 120 hours Said rate shall remain in effect for the term of this Agreement. B. Expenses: In connection with services performed under this Agreement CHAMBER shall be reimbursed up to $25.00 per month for telephone expenses. C. Maximum Compensation: The services performed under this Agreement shall not exceed the sum of $14,700 without prior authorization. -2- 4 IV METHOD OF PAYMENT The CHAMBER shall submit a monthly invoice to the CITY specifying the amount due for services performed by the CHAMBER. Such invoice shall: 1. Described the services performed. 2. Specify the number of ours worked by each staff member on said services during the month. 3. Indicate the total expenditures to date. Such invoice for payment shall contain a certification by a prin- cipal member of the CHAMBER's staff specifying payment requested is for work performed in accordance with the provisions of this Agree- ment. Upon approval of the invoice, the CITY shall make payment as soon thereafter as the CITY's regular procedures provide. V TERM OF AGREEMENT This Agreement shall be in effect until June 30, 1987, with an option for its renewal at said date. VI TERMINATION OF AGREEMENT This Agreement can be terminated upon 30 days notification by either of the parties hereto. VII RECORDS AND AUDITS The CHAMBER shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper ac- counting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or -3- any authorized representative, and will be retained for five years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. VIII EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CHAMBER agrees as follows: 1. The CHAMBER will not discriminate against any employee or appli- cant for employment because of race, creed, sex, color or national origin. The CHAMBER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion. or transfer: recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CHAMBER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non - discrimination clause. 2. The CHAMBER will, in all solicitation or advertisements for employees placed by or on behalf of the CHAMBER, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. 3. The CHAMBER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so � o that such provisions will be binding upon each subcontractor. provided that the foregoing provisions shall not apply to con- tracts or subcontracts for standard commercial supplies or raw materials. 4. The CHAMBER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The CHAMBER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regulations and orders. 6. In the event of the CHAMBER'S non - compliance with the equal op- portunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be cancelled. termi- nated, or suspended in whole or in part and the CHAMBER may be declared ineligible for further government contracts in accor- dance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. -5- • o 7. The CHAMBER will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcon- tractor or vendor. The CHAMBER will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event the CHAMBER becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, the CHAMBER may request the United States to enter into such litigation to protect the interests of the United States. IX CIVIL RIGHTS ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall. on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal finan- cial assistance. X SECTION 109 OF THE HOUSING AND-COMMUNITY-DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available Under this title. XI "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: 1. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Sec- tion 3 requires that to the greatest extent feasible, opportuni- ties for training and employment be given to lower income resi- dents of the project area and contracts for work in connection with the project be awarded to business concerns which are locat- ed in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no con- tractual or other disability which would prevent them from com- plying with these requirements.. 3. The CHAMBER will send to each labor organization or representa- tive of workers with which he has a collective bargaining agree- ment or other, contract or understanding, if any, a notice advis- ing the said labor organization or workers' representative of his -7- commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and ap- plicants for employment or training. 4. The CHAMBER will include this Section 3 clause in every subcon- tract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regula- tions issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The CHAMBER will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assis- tance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Fail- ure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agree- ment or contract through which federal assistance is provided. and to such sanctions as are specified by 24 CFR Part 135. -8- • a XII INTEREST OF MEMBERS OF A CITY No member of the governing body of the CITY and no other officer: employee, or agent of the CITY who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XI.II INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other pub- lic official of such locality, who exercises any functions or respon- sibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indi- rect, in this Agreement; and the CHAMBER shall take appropriate steps to assure compliance. XIV INTEREST OF CONSULTANT AND EMPLOYEES The CHAMBER covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CHAMBER further covenants that in the performance of this Agreement, no person having any such interest shall be employed. XV NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent to the CITY and the CHAMBER at the addresses listed below: CITY OF ROSEMEAD 8838 E. Valley Boulevard Rosemead, CA 91770 Rosemead Chamber of Commerce 9054 E. Garvey Avenue Rosemead, CA 91770 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ROSEMEAD CITY OF .2 -10- ROSEMEAD CHAMBER OF COMMERCE anager AGREEMENT THIS AGREEMENT made this Mist day of. July , 1981 by and between the CITY OF ROSEMEAD, CALIFORNIA, a Municipal corporation., hereinafter.,termed "City and the ROSEMEAD CHAMBER OF COMMERCE of the City of Rosemead, a non - profit corporation, hereinafter termed "Chamber ", WITNESSETH6 WHEREAS, City is desirous of promoting its advantages as a business, industrial and residential center`, of disseminatina information relative thereto, and of properly responding to in- quiries made from time,to time relative to the City and its advantages and possibilities as a'residentia'1, industrial,and business area; and WHEREAS, Chamber, a non - profit corporation located within the City of Rosemead, has special knowledge, experience and facilities for disseminating information, and 'is organized for and equipped to carry on promotional activities on behalf of. City and to publicize and exploit its advantages; and WHEREAS, City has no organized means for conducting such activities; and WHEREAS, such activities are recognized by law as being in the public interest and 'serving a public purpose, and being the City 'Council has duly authorized execution of this Contract in order to-serve such public purpose; NOW, THEREFORE, the parties agree as follows: 1. That Chamber will and does hereby agree to undertake and carry on such promotional and advertising activities on behalf of the City of-Rosemead as the City Council may require. and in particular to render the following services: (a) To maintain suitable quarters and employ compe- tent.personnel to properly carry on the advertising, and promotional activities herein enumerated. (:b) To promptly answer all correspondence relative to the business, industrial and residential advan- tages-and opportunities.in the City of Rosemead, and to disseminate information by correspondence, news- paper publicity and personal contacts favorably ad- vertising such advantages and opportunities. (c) To prepare articles and news stories,,.compile data, gather and assemble news items, photographs, literature; scientific and.historical articles des- criptive of the City's advantages, benefits and re- sources and to develop.iproper surveys whereby outside interests and individuals -may be induced to locate in said City. (d)' To aid in promoting home - building programs the development and use of unoccupied and vacant properties, and revitalization of the City. (:e). To seek out, solicit and interview business and industrial executives with the view of urging the esta- blishment of their business activities in said City. �r 1 6 t • �' � ' a ' fi � ' -(f). To promote.and invite trade and business meetings, and celebrations whereby outside interests and indivi- duals'may become acquainted with the advantages and opportunities in said City. (g) To study the needs'of the community-as to public improvements of every character'.and to prepare data, attend conferences and by every proper method aid in securing information for use in.the Chamber's duties hereunder. (h) To disseminate information relative to the benefits of the City within areas considering annexation to City. (i) 'Such other-advertising.-and promotional services as may from time to time..be in the public interest in the City of Rosemead. 2. That in consideration for services to be performed by the Chamber for the City, as.set forth in'Paragraph' (1) hereof, the City hereby agrees to pay certain sums.of money toward the maintenance of said Chamber and the above - mentioned activities of Chamber as follows,: The sum of $16,.962.00 for the period :`commencing July 1, 1981, and ending.June 30, 1982.. Such sum to be paid as follows: The sum of $1,413.50 per month for each''calendar month'. 3:. That in the event City shall desire 'any, additional service Chamber shall, upon.reque'st of said City, furnish an itemized statement of the estimated cost thereof, and City -may modify or alter any such plan or proposal in'any= -particul'ar, or may reject said plan in its entirety or may request the submission of a.new- plan or proposal which -may be accepted, altered or. rejected. All money due for carrying out said plan or proposal shall be supported by a detailed, statement of the Chamber showing the basis of said claims and'.cer.tified by.proper officers of Chamber and a minute record of.the Board of Directors.of said Chamber. 4. This Contract shall, unless sooner terminated expire on June 30, 1982. City,.may, terminate this agreement on thirty days' notice, if it becomes dissatisfied with Chamber's Services. 5. Chamber shall promptly furnish City with'a'monthry, report of its activities and a certified copy of its monthly, quarterly, and annual operating statements, together with an annual state - ment before being entitled to receive any further monies here - under. IN WITNESS WHEREOF Cit has caused its corporate name to be Y hereunto.'a£ firmed by'.its Mayor and'City Clerk, thereto duly. . authorized, 'and Chamber-has caused its:name to be hereunto, affixed by its President and'Secretary, thereto duly authorized,. the- day,and year in this-Agreement first above'written. CITY OF ROSEMEAD, a, Municipal Corporation ATTEST:-e y n' .. City Cie Secreta "MAYJR..- RO EMEAD CHAMBER OF COMMERCE ,a Non- of it Corporation. ENT A G R E I; i• E' N T T:iIJ :- �_;T, mace tins 25th ciay o- October 1977 Ca .,,—!D California , 1 rorr.= a -.. unic_pa_ ?± c — poratiGR, nereinafter termed "City" and ii_' DO- -- 'L.[wi, of tine City Of Posamead, anon- profit COIpOrati OCl, i!cLe_na_ ter termed "Chanwer ", WITi;'ESSETH: WHEREAS, City is desirous of promoting its advantages s a Business, incInsrrlal and residential center, Of disserainatiag in`ro.:nation relative thereto, and of properly responding to in- i rieS 1.;8 d.:. :Er O'.l 't i -�1e t0 ti?ne relative to the City and its advantages and possibilities as a residential, industrial and uLsiness area; and 1T:i ? AS, Chamber, a nor. profit corporation "located Within the City of ROSe -dead, has special knowledge ex=perience and facilities for disseminating information, and is organized for and ecuipaed to carry on pro- _iotional activities on behalf of City an- :.to publicize and exploit its advanta es; and T. ^'�� i sa_iJn.,, r• AS, City has no organized means for cond•uctin-, sl1ci1 act--Vi- Cie --S; anci 7 l act_ °.i.ti ., U R� in the pl1G l is ::– Leres�t and servai.b a 7U0 i is ip 1:.p OS`j and :1C C1'`.y Counci� •'.125 CctllJ a'�?t :lGrized e : :eCLLl` =0n G :�' "� :115 CO : :lt tact _.: Order t0 serVe S: C-1 ?U.-A Lc 7Itroose tine j?arties a rse as f01 U; 1. T!1c:F Cin L!m,b2r will ai.d doPS 11P, eby �r t:i : •- :. artake an' .' early on Such b0half_ Of t.ne C'iiy of :rr, fin tiCLIlar to rande'r LI proiuotional and ac. ?vertis:in, Z! ' �t._vic_es >cmeaa as tine City Cob_ c:i1 t'. "lc ollm -Nin" S'-_ni i c".: a (a) .maintain suitable quarters and e..iploy personnel to properly carry on the and promotional activities erein ierac- (b) To promptly answer all correspondence relative to the business, industrial and residen- tial advantages and opportunities in'the City or Rosemead, and to disseminate information by corres- pondence, newspaper publicity and personal contacts favorably advertising such advantages and oppor- tunities. (c) To prepare articles and news stories, compile data, gather and assemble news items, photographs, literature, scientific and historical articles descriptive of the City's advantages, benefits and resources and to develop proper surveys v hereby outside interests and individuals may be induced to locate in said City. (d) To aid in promoting home - building programs the development and use of unoccupied and vacant properties, and revitalization of the City. (e) To seek out, solicit and interview business and industrial executives with the view o-c ur6ino the esta'llsaiilent o their busin ss activities in said City. ( _) _o promote and invite trade and, :j__siL_ ^ss ::icetiaos and celetilratlons whereJy outside interests and individuals i:iay becb.:.c acquainted wit 1 the advan: caves and opportunites jr, said City. (g) To study the needs of the co:cmiunity as to puz)lic improvements of every cia a -tcr aad to -2 r tiNil prepare data, attend conferences, and by every proper method aid in securing information for use in Chamber's duties hereunder. (h) To disseminate information relative to the benefits of the City within areas considering aiuicxation to city. (i) Such other advertising and promotional services as may from time to time be in the public interest in the City of Rosemead. (Z) That in consideration for services to be performed by the Chamber for the City, as set forth in Paragraph (1) hereof, the City hereby agrees to pay.certain sums of money toward the maintenance of said Chamber and the above intentioned activities of Chamber as follows: The sum of $21462., for the peric -1 commencing July 1, 1977 and ending June 30,1977 1978. 'Such sum to be paid as follows: The sum Of $1778.50per month for each calendar month. In addition to the sums provided `or herein City shall make available one secretarial employee pursuant to the Comprehensive, Education and Training Act of 1973 (hereinafter CETA). Said employee is provided for the period and terms set forth in the attached CETA contract which is incorporated as Exhibit "A" hereof. (3) That in the event City shall desire any additional service, Chamber shall, upon request of said City, furnish an itemized statement of the estimated cost thereof, and City may modify or alter anv such plan or proposal in any particular, or may reject said plan in its enttr_,,,v or rlav request the subnnssion of a new plan or proposal. which r;ay be accepted, altered or rejected. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the Chamber showing the basis of said claims and certified by proper officers of Chamber and a minute record of the Board of Directors of said Chamber. (4) This Contract shall, unless sooner terminated, expire On June 30, 1978. City may terminate this agreement on thirty days' notice, if it becomes dissatisfied with Chamber's services. (5) Chamber shall promptly furnish City with a monthly report of its activities and a certified copy of its monthly quarterly and annual operating statements, together with an annual audited statement -3- before being entitled to rceive any further monies hereunder. IN WITNESS MiEREOF, City has caused its corporate name to be hereunto affinned by its Mayor and City Clerk, thereto duly authorized, and Chamber has caused its _:Fa_ to be hereunto affixed by its President and Secretary,.'thereto duly a tnorized, the day and year in this Agreement first above written. A'rl'FST: t � n . �l o •• CITY CLERK —� APPROVED AS TO FORM C.I'FY ATTORNEY L CITY CI'T'Y OF ROST1EAD, a Municipal Corporation CHAMMIBER M ROSEMEAD CHAMBER OF CODWERCE, r: AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, entered into as of the 1st day of July, 1976 between the CITY OF ROSEMEAD, California, a Municipal Corporation, hereinafter referred to as " City ", and ROSEMEAD CHAMBER OF COMMERCE, a nonprofit corporation, hereinafter referred to as "Chamber" W I T N E S S E T H: WHEREAS, the parties heretofore entered into an agreement dated March 19, 1960, which has been periodically extended, said agreemen providing, among other things, for the performance of certain promotional and advertising.services to be performed L by Chamber in behalf of City, and for certain compensation to be paid by City to Chamber therefor; and WHEREAS, the parties desire to renew and extend the term of said agreement on the terms and conditions herein set out. NOW, THEREFORE, the parties agree as follows: 1. Said Agreement is hereby extended for an additional term to the 30th day of June, 1977, and shall continue from month to month thereafter unless terminated by either party, for the services described in the proposal and Agreement Statement submitted by Chamber - March 26, 1976 - and approved by City in the Budget for Fiscal Year 1976 -77. 2. The monthly sum to be paid by City to Chamber for the services described in said agreement shall be the sum of One Thousand Seven Hundred Eighty -Eight and fifty cents ($1,788.50).per month during the extended term of said agreement. 3. Except as hereinabove specifically provided, all. other terms and provisions of said agreement are hereby ratified and affirmed. ATTEST: CITY OF ROSEMEAD, a municipal corporation By �'• ' MAYOR „ ROSEMEAD CHAMBER OF COMMERCE, A G R E E M E N T THIS AGRE iNT, made this 19th day of March by and between the CITY OF ROSpiLAll, California, a municipal corporation, hereinafter termed "City" and the ROSME AD CHA.,FBER OF C0114ERCE of the City of Rosemead, a non - profit corporation, I ereinafter termed "Chamber ", 1960 WITNESSETH: ITHEREAS, City is desirous of promoting its advantages as a business, industrial and residential center, of disseminating information relative thereto, and of properly responding to in- quiries made from time to time relative to the City and its advantages and possibilities as a residential, industrial and business area; and i,THEREAS, Chamber, a non - profit corporation located within the City of Rosemead, has special knowledge, experience and facilities for disseminating information, and is organized for and equipped to carry on promotional activities on behalf of City and to publicize and exploit its advantages; and 1,7HEREAS, City has no organized means for conducting such activities; and ?,THEREAS, such activities are recognize, being in the public interest and serving a public the City Council has duly authorized execution of- in order to serve such public purpose; i by law as purpose, and this Contract A.0.1. THEREFORE, the parties agree as follows: 1. That Chamber 47411 and does hereby agree to undertake and carry on such promotional and advertising activities on behalf of the City of Hose:read as the City Council may requi -re and in p3rtiCUlar t0 rt-:Y1 Cie'L t_ e 1011 o'i71rP_1 sery -ces: Lin 4: (a) To maintain suitable quarters and employ competent personnel to properly carry on the advertising and promotional activities herein. enumerated. (b) To promptly answer all correspondence relative to the business, industrial and residen- tial advantages and opportunities in the City of Rosemead, and to disseminate information by corres- pondence, newspaper publicity and personal contacts favorably advertising such advantagesiand oppor- tunities.. (c) To prepare articles and news stories, compile data, gather and assemble news items, photographs, literature, scientific and historical articles descriptive of the City's advantages, benefits and . resources and to develop proper surveys whereby outside interests and individuals may be induced to locate in said City. (d) To aid in promoting home - building programs and the development and use of unoccupied and vacant properties. (e) To seek out, solicit and interview business. - and industrial executives with the view of urging the establishment of their business activities in said City. (f) To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunites in said City. (g) To study the needs of the community as to public improvements of every character and to -2- (a) To maintain suitable quarters and employ competent personnel to properly carry on the advertising and promotional activities herein. enumerated. (b) To promptly answer all correspondence relative to the business, industrial and residen- tial advantages and opportunities in the City of Rosemead, and to disseminate information by corres- pondence, newspaper publicity and personal contacts favorably advertising such advantagesiand oppor- tunities.. (c) To prepare articles and news stories, compile data, gather and assemble news items, photographs, literature, scientific and historical articles descriptive of the City's advantages, benefits and . resources and to develop proper surveys whereby outside interests and individuals may be induced to locate in said City. (d) To aid in promoting home - building programs and the development and use of unoccupied and vacant properties. (e) To seek out, solicit and interview business. - and industrial executives with the view of urging the establishment of their business activities in said City. (f) To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunites in said City. (g) To study the needs of the community as to public improvements of every character and to -2- tF prepare data, attend conferences, and by every proper method aid in securing infor::ation for use in Cha.i ?bergs duties hereunder. (h) To disseminate :infoniation relative to the benefits of the City within areas considering annexa- tion to City. (i) Such other advertising and p-rociotional services as may from time to time be in the public interest in the City of Rosemead. (2) That in corsideration:br services to be performed by the Chamber for the City, as set forth in Paragraph (1) hereof, the City hereby agrees to pay certain sums of money toward the maintenance of said Chamber and the above mentioned activities of Chamber as follows: The sum of $1,000.00 for the period ending .March 31, 1960, and thereafter during the continuation of this Contract the sum of V45Q00 per month for each calendar month. (3) That in the event City shall desire any additional service, Chamber shall, upon request of said City, furnish an itemized statement of the estimated cost thereof, and City may modify or alter any such plan or proposal in any particular, or may reject said plan in its entirety or may request the submission of a new plan or proposal which may be accepted, altered or rejected. Upon the final approval of any such plan and the execu- tion. Hereof by Chamber, as herein provided, City will pay to Chamber the cost thereof, �.ihich cost shall not exceed by more than ten percent (10 %) the estimated cost of such plan or pro- posal unless with the express consent of City. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the Chamber showin g the oasis of said claims and certified by proper officers of Chamber and a minute record of the ,Board of Directors of said Chamber. -3- , r S (4) This contract shall, unless sooner terminated, expire on June 30, 1960. City may terminate this agreement on thirty days' notice, if it becomes dissatisfied with Chamber's services. (5) Cha*w er.shall promptly furnish City with a monthly report of its activities and a certified copy of its monthly, quarterly and annual operating statements, before being entitled to receive any further monies hereunder. IN WITNESS WHEREOF, City has .caused its corporate name and seal to be hereunto affirmed by its Playor and City Clerk, thereto duly authorized, and Chamber has caused its name to be hereunto affixed by its President and Secretary, thereto duly authorized, the day and year in this Agreement first above written. ATTEST: 6C CITY CLEM APPROVED AS TO FORA 4 CI Y ATTORNEY CITY CITY OF ROSEMEAD, a Municipal Corporation Mayor CIIAI,li ER ROSEI-MAD CMkIL3ER OF C01,211E_h;CE, a Non- profit -4- Corporation President �L. Secretary