Cities Index.
Agenda packet

Duarte City Council
July 25, 2023

Document
Agenda packet
Meeting
July 25, 2023
Body
Duarte City Council
Pages
13
Original file
10.5 MB
Text extracted from the city's file for reading and search. Open the original on duarteca.api.civicclerk.com. That file is the official record.

AGENDA

REGULAR JOINT MEETING OF THE CITY

COUNCIL OF THE CITY OF DUARTE, THE

DUARTE HOUSING AUTHORITY, AND THE

DUARTE COMMUNITY FACILITIES

FINANCING AUTHORITY
TUESDAY, JULY 25, 2023
7:00 PM

CITY COUNCIL CHAMBERS,
1600 HUNTINGTON DRIVE,
DUARTE, CALIFORNIA 91010

MISSION STATEMENT
With integrity and transparency, the City of Duarte provides exemplary public services in a caring and fiscally responsible manner with a commitment to our community's future

JODY SCHULZ, MAYOR

VINH TRUONG, MAYOR PRO TEM

MARGARET FINLAY, COUNCILMEMBER

SAMUEL KANG, COUNCILMEMBER

TONEY LEWIS, COUNCILMEMBER

CESAR GARCIA, COUNCILMEMBER

TERA MARTIN DEL CAMPO, COUNCILMEMBER
City/Agency/Authority Staff:

Brian Villalobos, City Manager
Kristen Petersen, Assistant City Manager and Director of Administrative Services Craig Hensley, Community Development Director
Manuel Enriquez, Director of Parks and Recreation
Larry Breceda, Director of Public Safety Services
Thai Viet Phan, City Attorney
Annette Juarez, City Clerk
___
ADA ACCESSIBILITY NOTICE: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, you should contact the City Manager's office at (626) 357- 7931. Notification no later than 1:00 p.m. on the day preceding the meeting will enable the City to make reasonable arrangements to assist your accessibility to this meeting.

Notice: Any documents distributed by the City/Authorities to a majority of the City Council/Housing Authority/Financing Authority Board less than 72 hours prior to the City Council/Housing Authority/Financing Authority meeting will be made available for public inspection at City Hall, 1600 Huntington Drive, Duarte, CA 91010, during normal business hours, except such documents that relate to closed session items or which are otherwise exempt from disclosure under applicable law.

Notice: Duarte City Council meetings are videotaped for later broadcast on DCTV. Attendance at the 1 1. CALL TO ORDER AND ROLL CALL
A. City Manager Written Comments

2. PLEDGE TO THE FLAG

3. ADOPTION OF THE AGENDA

4. SPECIAL ITEMS
A. Public Safety Department Update

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS

6. ORAL COMMUNICATIONS - ITEMS NOT ON THE AGENDA

7. CONSENT CALENDAR
A. Motion to read all Resolutions and Ordinances presented for consideration by Title only and waive further reading (CC/HA/FA)
B. Approve absence(s) of City Councilmember(s) from the City Council meeting C. Approval of Minutes - July 11, 2023 Regular Meeting (CC/HA/FA) D. Approval of Warrants - July 25, 2023 (CC/HA/FA)
E. Receive and file the Public Safety Department Update F. Receive and file Monthly Financial Update
G. Acceptance of Notice of Completion for Fiscal Year 2022/23 Street Rehabilitation Project No. 23-5 for All American Asphalt.
meeting constitutes consent by members of the public to the City's and any third party's use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.

Members of the public may listen/view the City Council meeting broadcast on the City’s website following each meeting. To access the meeting, log onto www.accessduarte.com then on the homepage, click on the Agendas/View Meetings icon under the LATEST NEWS/QUICK LINKS banner, then on the Agendas & Minutes page, click on the City Council Meeting link. City Council meetings are also broadcast following each meeting through Spectrum Cable, Channel 3, daily at 12:00 p.m. and 7:00 p.m.

Public comments can be submitted by emailing [email protected], prior to 6:00 p.m. on the day of the meeting and will be distributed to the City Council and made available for public review.

PLEASE NOTE: The subject line of your public comment email must contain the Agenda item number or title. Public comments are a matter of public record, including content that include emails and addresses, so consider content and remove private information as you deem appropriate. ____
2 Recommendation: Accept the project as complete in the amount of $792,983.90.

H. Consideration of Resolution No. 23-20 to Establishing a Regular Council Meeting Schedule Recommendation: Adopt Resolution No. 23-20 establishing the date and time of regular City Council meetings.

I. Consideration of Resolution No. 23-21 Establishing a Holiday Schedule for City Employees Recommendation: Adopt Resolution No. 23-21 to establish a holiday schedule for City Employees for July 2023-June 2024.

8. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

9. PUBLIC HEARINGS
A. Consideration of an Ordinance to Amend Duarte Municipal Code Regarding Holidays Recommendation: 1) Conduct a Public Hearing to receive public testimony; and 2) Adopt Ordinance No. 919 amending Duarte Municipal Code Chapter 2.08 Regarding City Holidays

10. BUSINESS ITEMS
A. Consideration for Approval of a City Council Decorum Policy Recommendation: 1) Discuss a decorum policy; and 2) adopt Resolution No. 23-22 approving a decorum policy for City Council Meetings.

B. Discussion and Possible Action Regarding the Designation of a Voting Delegate and Voting Alternate for the League of California Cities Annual Conference & Expo September 20-22, 2023, Sacramento
Recommendation: Discuss and designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

C. Consideration of Award of Contract for Professional Services Agreement with RKA Consulting Group to Complete Aerial Survey and Utility Research and Provide Final Basemap of Huntington Drive for the Purpose of Various Future Projects Along Huntington Drive Corridor
Recommendation: Authorize the City Manager to Sign a Professional Services Agreement with RKA Consultants for the Huntington Drive Aerial Survey and Utility Research in the Amount of $50,000.00.

D. Consideration of Award of Contract for Professional Services Agreement with Armstrong & Walker to Develop Construction Drawings for Huntington Drive Medians Recommendation: Authorize the City Manager to sign a Professional Services Agreement with Armstrong & Walker to Develop Construction Drawings for Landscape Upgrades to the Huntington Drive Medians; and 2) approve a budget amendment for $75,000. 3 E. Consideration to Approve an Amendment to the Joint Powers Agreement with the Los Angeles Regional Agency (LARA) to Reflect Changes in the State Legislation Specific to New Organic Waste Reduction Laws
Recommendation: Adopt Resolution No. 23-23 approving an amendment to the Joint Powers Agreement with the Los Angeles Regional Agency.

F. Consideration of a Professional Services Agreement for Analysis of Proposed Cannabis Initiative
Recommendation: Authorize the City Manager to enter into a professional services agreement with HdL for the analysis of the proposed cannabis initiative in an amount not to exceed $30,000.

11. CONTINUATION OF ORAL COMMUNICATIONS

12. ITEMS FROM CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY/FINANCING AUTHORITY MEMBERS AND CITY MANAGER/EXECUTIVE

DIRECTOR

13. ADJOURNMENT
.

AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall – 1600 Huntington Drive, Duarte Public Safety Department – 1042 Huntington Drive, Duarte Library – 1301 Buena Vista Street, and the City of Duarte website (www.accessduarte.com) not less than 72 hours prior to the meeting per Government Code 54954.2.

Dated this 20th day of July, 2023.
4 MEMORANDUM
TO: City Council
FROM: Brian Villalobos, City Manager
DATE: July 17, 2023
SUBJECT: Comments on Agenda Items, Meeting of July 25, 2023 ITEM 4.A. (Special Items). Public Safety Department update by Director Breceda.

ITEM 7.E. (Consent Calendar). The Public Safety Department has submitted the monthly report for July 2023 for review.

ITEM 7.F. (Consent Calendar). The Finance Department has submitted the monthly report for May 2023 for review.

ITEM 7.G. (Consent Calendar). Notice of Completion. On March 28, 2023, City Council awarded the contract for the Fiscal Year 2022-23 Street Rehabilitation Project to All American Asphalt. The project scope included the rehabilitation of the existing asphalt roadway with rubberized asphalt and removal and reconstruction of localized failed pavement. All pavement markings and striping were replaced with reflective thermoplastic. Lastly the project included the installation of ADA ramps, reconstruction of cross gutters and removal and replacement of broken and off-grade sidewalk. The Fiscal Year 2022-23 Street Rehabilitation Project was included in the 2022-23 Capital Improvement Program Budget and was funded by SB1 and Measure R allocations. The City Council approved the contract for $794,222.00. The final project cost was $792,983.90.

ITEM 7.H. (Consent Calendar). Resolution No. 23-20. A resolution establishing the date and time of regular City Council meetings per Duarte Municipal Code Section 2.04.020. In the past, the City Council adopted a resolution making the second and fourth Tuesdays of each month regular City Council meeting days. If there were meeting days that did not have scheduled items on the agenda or the meeting date conflicted with an observed City holiday, the City would cancel such Council meetings by the 72-hour posting period as required by the Ralph M. Brown Act. This Resolution No. 23-20 was brought forward by City staff in an effort to improve transparency and better plan for potential holidays. If adopted by the City Council, it would clearly show the regular City Council meetings for the rest of the calendar year.

Adopting such a resolution is fully within the City Council’s discretion and would assist City staff in planning for upcoming meetings, schedule contracts and other matters appropriately, and provide greater transparency to the public. Staff would seek to bring such a calendar back to the City Council in January of each year for approval for the calendar year. Adoption of this calendar does not prohibit the City Council from holding adjourned meetings, special meetings, or emergency meetings as permitted under state law.

ITEM 7.I. (Consent Calendar). Resolution No. 23-21. A Resolution adopting a holiday schedule for City employees. On a related but separate matter (ITEM 9.A. Public Hearing of Ordinance No. 919), City staff are proposing an amendment to the Duarte Municipal Code to update outdated holiday provisions and to ensure efficient conduct of the public’s business. To coincide with the amendment to Ordinance No. 919, City Staff is bringing forth a resolution adopting a holiday schedule for City employees to ensure consistency and clarity. The City and the employee union have agreed to specific paid holidays in the current Memorandum of Understanding. The adoption of Resolution No. 23-21 would memorialize said agreed-upon holidays. It is anticipated that as new Memoranda of Understanding are approved by the employee union and the City, Staff will bring back a new resolution adopting an updated employee holiday schedule for City Council approval.
5 ITEM 9.A. (Public Hearing). Ordinance No. 919. The Duarte Municipal Code (“DMC”) outlines what holidays are observed in the City. Section 2.08.010 states that certain days are deemed to be holidays, including, holidays designated by the City Council by resolution, holidays appointed by the President or Governor as set forth in Government Code section 6700, and every Saturday and Sunday. The Code further states that City Council and commission meetings that fall on a holiday shall be held on the next business day (Section 2.08.030). Recently, a Planning Commission meeting was scheduled on Monday, June 19th (Juneteenth - a Federal Holiday). Due to the fact that Juneteenth is not a designated holiday in the City of Duarte, per the City’s memorandum of understanding with its bargaining units, the City had noticed a public hearing for that Monday and subsequently was required to reschedule the meeting in order to comply with Section 2.08.030. Ordinance No. 919, would clarify that the only holidays observed by the City of Duarte are those designated by the City Council by resolution (corresponding ITEM 7.I. Consent Calendar - Resolution No. 23-21) and that should a meeting fall on a City designated holiday, the City may reschedule said meeting for another day, but does not require that such meeting fall on the next business day.

ITEM 10.A. (Business Item). Resolution No. 23-22. Approval of a Decorum Policy. The City of Duarte prides itself on its welcoming, collaborative, and collegial atmosphere. The City Council is the policy making body for the City, and City staff, residents, visitors, and contractors look to the City Council as the role model for professionalism as they conduct the City’s business. Although the presiding officer of a meeting, typically the Mayor, and the City Council have and continue to have the ability to remove disruptive members of the public if their behavior prevents the running of the City Council meeting, City staff has reviewed the City’s policies and procedures and determined that no official decorum policy has been adopted by the City Council regarding the City Council, City staff, or the public’s behavior at City Council meetings. Staff has prepared a draft decorum policy for City Council meetings, which not only discusses the City Council’s authority under state law, but outlines the standards expected of the City Council, City staff, and the public at a City Council meeting.

ITEM 10.B. (Business Item). Selection of 2023 California Cities General Assembly Voting Delegate.

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on September 22, 2023, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. The appointed voting delegate plays an important role during the General Assembly by representing the City and voting on resolutions. To cast a vote during the General Assembly, City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Councilmembers Kang and Lewis will be attending this year’s annual conference.

ITEM 10.C. (Business Item). Approval of a Professional Services Agreement - RKA Consulting Group to Complete Aerial Survey and Utility Research and provide final Basemap of Huntington Drive. In preparation for future necessary maintenance and improvement projects along Huntington Drive, staff has acknowledged the need for a basemap of the entire corridor. The basemap would be achieved by obtaining a survey of the existing layout of the street and right of way elements as well as updated utility infrastructure.

Having current data in an updated file format will be used for design purposes for various future projects resulting in cost savings and greater efficiency in completing such projects. The scope of the services for this project includes coordination with utility agencies to obtain current information of existing facilities like overhead and underground infrastructure as well as an inventory of the updated utility contacts for construction purposes. Also, final deliverables will include plans in AutoCAD format with aerial survey data which will encapsulate features in the public right of way from west city limit to east city limit. Such features include roadway centerlines, roadway dimensions, sidewalk limits and locations of existing street medians. The proposed cost for all tasks and deliverables is $42,500 and a 15% contingency is proposed 6 for possible unforeseen issues bringing the total to $50,000. The project is budgeted in the 2023-2024 budget. This project was included in the adopted FY 2023-24 budget and will be funded with gas tax.

ITEM 10.D. (Business Item). Approval of a Professional Services Agreement - Armstrong & Walker to develop construction drawings for landscape upgrades to the Huntington Drive medians. The proposed design fee provides for final design development for median upgrade plans, analysis of the current Huntington Drive Street Tree policy, construction documents, assistance in the bid process and construction administration. The plans will be developed so that the City will have the choice of completing the improvements in two or more phases or as one comprehensive project. The contract includes presenting a preliminary median plan to the entire Council at a meeting and then, after taking input, developing a bid set of plans. Armstrong & Walker will also assist the City Staff in monitoring the project during construction to ensure quality. For both Phase 1 and Phase 2 plus reimbursables, the proposed cost is $69,000. An approximately 10% contingency is proposed for possible unforeseen issues bringing the total to $75,000.

ITEM 10.E. (Business Item). Los Angeles Regional Agency (LARA) JPA Amendment. In 2004, CalRecycle approved the formation of the LARA for the purpose of meeting the waste reduction mandates set by State Assembly Bill 939. LARA is a consortium of 18 cities in Southern California. The JPA with LARA allows the 18 agencies to combine efforts on programs and waste diversion tonnage to achieve cumulative benchmarks. As required by CalRecycle to comply with the requirements of Senate Bill 1383, the mandatory organic waste reduction law, the amended JPA would authorize LARA to report on behalf of its member agencies information related to compliance with organics recycling compliance. The amendment also reflects recent changes to the waste diversion calculation methodology used by CalRecycle as well as a number of minor clean-ups to the original JPA language, which is now over twenty years old.

The City of Duarte pays approximately $6,500 annually to LARA in membership fees. The amended JPA may result in a minor increase in these annual dues as the reporting of SB1383-related data will require more labor by LARA staff. Additionally, leaving LARA would result in a substantial increase in costs to the City as the City would be solely responsible for the many reporting requirements performed by LARA.

ITEM 10.F. (Business Item). Approval of a Professional Services Agreement - HdL Companies to Analyze the Proposed Cannabis Initiative. The City of Duarte has received a citizens’ petition that is being circulated for signatures to place it on an upcoming ballot (March or November 2024). The petition is titled “the Initiative to Legalize and Regulate Certain Commercial Cannabis Businesses in the City of Duarte (“the initiative”). The initiative would amend Chapter 5.91 of the City of Duarte Municipal Code (DMC) to allow up to five retail cannabis businesses within the City. These businesses would be allowed by right within certain zoning designations, subject to certain setback requirements from designated sensitive uses.

The initiative includes detailed application requirements, but permits would require only ministerial approval by the City Manager. The City Council would have no discretion in the process and applications would have to be accepted 55 days after the election results are certified. The measure allows for collection of permitting fees and also includes a cannabis business tax. If the measure qualifies for the ballot, California Elections Code allows that the City Council will have the choice of either adopting the ordinance outright without alteration or submitting it to the voters at the next general election. Though the initiative has not yet gathered the required number of signatures, Staff is recommending that a report be prepared on the potential impacts of the initiative in advance to allow greater opportunity to consider the potential impacts and to better inform future decision-making by the Council. Staff requested a proposal for services from HdL Companies, who has direct experience establishing and implementing cannabis regulatory and taxation programs, including establishing land use regulations, permit processes, staffing plans, cost recovery fees; structuring cannabis business tax fees; regulatory compliance; financial audits; and law enforcement training. The proposed cost is not to exceed $30,000. 7 7/11/2023 – PAGE 1

CITY OF DUARTE

MINUTES OF THE REGULAR JOINT MEETING OF THE CITY COUNCIL,

THE DUARTE HOUSING AUTHORITY, AND THE DUARTE COMMUNITY

FACILITIES FINANCING AUTHORITY
TUESDAY, July 11, 2023
7:00 PM – Regular Session

1. CALL TO ORDER
Mayor Schulz called the open session to order at 7:01p.m.

ROLL CALL:

Councilmembers Present: Finlay (arrived at 7:11 p.m.), Lewis, Truong, Garcia, Martin Del Campo, Schulz
Councilmembers Absent: Kang
Staff Present: Brian Villalobos, City Manager
Thai Viet Phan, City Attorney
Kristen Petersen, Assistant City Manager / Director of
Administrative Services
Craig Hensley, Director of Community Development
Manuel Enriquez, Director of Parks and Recreation
Larry Breceda, Director of Public Safety Services
Annette Juarez, City Clerk
Albert Nuñez, Management Aide
Christine Soo, Deputy City Clerk/ Administrative Secretary

2. PLEDGE TO THE FLAG
The flag salute was led by Dillon Wang.

3. ADOPTION OF THE AGENDA
Moved by Councilmember Lewis, seconded by Councilmember Garcia, and carried by the following vote of the Council to adopt the agenda.

AYES: FINLAY, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ NOES: NONE
ABSTAIN: NONE
ABSENT: KANG

4. SPECIAL ITEMS
A. Workforce Investment Network (WIN) Summer Youth Internship Program Aida Torres, Crime Prevention Specialist, presented the Workforce Investment Network Summer Youth Internship Program; she discussed the benefits and impacts the program has had on the youth involved; she thanked local businesses, Recreation Supervisor Marilyn Mays, and Teen Center Recreation Specialist for all their hard work and dedication to helping the interns.

Aida Torres and Gabby Perkins presented certificates to congratulate the interns.

Councilmember Garcia shared congratulatory words for the interns and staff.

B. Community Development Department Update
Community Development Director Hensley provided a department update; he briefly reported on the traffic signal on Huntington Drive and Highland Ave; he also shared the tentative timeline of the Route 66 art piece project.
8 7/11/2023 – PAGE 2
C. Parks and Recreation Department Update
Parks and Recreation Director Enriquez provided a staff report; shared upcoming parks and recreation events; he shared the giveaways the department will be doing for Parks Make Life Better month; he reported on the highlights from the 3rd of July event.

In response to questions posed by Council, Public Safety Director Breceda reported on the firework citations issued on Independence Day.

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
Joanna Gee, from Duarte Library, announced upcoming library events.

Deputy City Clerk Soo announced upcoming city events.

6. ORAL COMMUNICATIONS – ITEMS NOT ON THE AGENDA
Steve Hernandez shared details about the fireworks in his neighborhood.

7. CONSENT CALENDAR
A. Motion to read all Resolutions and ordinances presented for consideration by Title only and waive further reading. (CC/HA/FA)
B. Approval of absence(s) of City Councilmember(s) from the City Council meeting.

C. Approval of Minutes – June 27, 2023 Regular Meeting (CC/HA/FA) D. Approval of Warrants – July 11, 2023 (CC/HA/FA)
E. Receive and file the Community Development Department Update F. Receive and file the Parks and Recreation Department Update G. Second Reading and Adoption of Ordinance No. 918 to Amend Duarte Municipal Code Section 2.31 Regarding Ad Hoc Committee Appointments
H. Acceptance of Notice of Completion for the FY 2022-2023 Citywide Asphalt Repair Project No. 23-8 for Ruiz Concrete and Paving, Inc.

I. Approval of City Council Conference Attendance.

Moved by Councilmember Finlay, seconded by Councilmember Garcia, and carried by the following vote of the Council to approve Items 7A-7I of the Consent Calendar.

AYES: FINLAY, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ NOES: NONE
ABSTAIN: NONE
ABSENT: KANG

8. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
None.

9. PUBLIC HEARINGS
None.
9 7/11/2023 – PAGE 3

10. BUSINESS ITEMS
A. Establishment of an Ad Hoc Committee to Review and Make Recommendations Relating to Public Art on Freeway Walls and Utility Boxes
City Attorney Phan provided a staff report on the recruitment and establishment for an ad hoc committee for public art on freeway walls and utility boxes.

Moved by Councilmember Finlay, seconded by Councilmember Garcia, and carried by the following vote of the Council to adopt Resolution No. 23-19 to establish an Ad Hoc Committee to review and make recommendations relating to public art on freeway walls and utility boxes, and establish a process for the appointment of committee members.

AYES: FINLAY, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ NOES: NONE
ABSTAIN: NONE
ABSENT: KANG
Community Development Director Hensley clarified that any artwork to be placed on freeway underpasses would require a negotiation process with Caltrans.

B. Annual Duarte Chamber of Commerce Services Agreement FY 2023-24 Moved by Councilmember Martin Del Campo, seconded by Councilmember Finlay, and carried by the following vote of the Council to approve the Fiscal Year 2023-24 Services Agreement in the Amount of $50,000 with the Duarte Chamber of Commerce.

AYES: FINLAY, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ NOES: NONE
ABSTAIN: NONE
ABSENT: KANG
Dillon Wang, Duarte Chamber of Commerce President, shared details on the operations of the Chamber and the Farmers’ Market.

In response to questions posed by Council, President Wang reported on the salary of the CEO, suggested possible changes for the Farmers Market to be adjusted seasonally, suggested additional fundraising opportunities, and discussed the fate of the Chamber and Farmers’ Market in terms of funding.

11. CONTINUATION OF ORAL COMMUNICATIONS
None.

12. ITEMS FROM CITY COUNCIL/HOUSING AUTHORITY/ FINANCING

AUTHORITY MEMBERS AND CITY MANAGER/EXECUTIVE DIRECTOR
Mayor Schulz asked Councilmembers, Staff, and all meeting attendees to state one thing they were grateful for.

13. ADJOURNMENT
At 8:40 p.m. the City Council adjourned the meeting.
__________________________________
Jody Schulz, Mayor
_______________________________
Annette Juarez, City Clerk
10 7/19/2023 3:39:39 PM Page 1 of 10
Council Warrant Register By Account
City of Duarte By Fund
Payment Dates 7/13/2023 - 7/26/2023
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Fund: 100 - GENERAL FUND
100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Building Maint Supplies 3505 503.38 100-1610-7652 JOSEPH A MARTINEZ CC Floor Repair 3493 440.00 100-1205-7650 MONRO INC Vehicle #24 Tire Replacement 218838 230.08 100-1610-7652 ALBERTOS PLUMBING FC Shower Valve Repair 3464 395.00 100-1610-7652 ALBERTOS PLUMBING PS Women's RR Toilet 3464 595.00 100-1610-7652 ALBERTOS PLUMBING Encanto Park Men's RR Faucet 3464 585.00 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies BD24-0008 259.15 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 3474 41.89 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 3474 9.31 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies BD24-0008 83.05 100-1605-7730 CAPITAL ONE Little Library Storytime Snacks BD24-0008 100.86 Splash in the Park Water BD24-0008 44.06
Balloons
100-1605-7730 CAPITAL ONE
100-1605-7736 CAPITAL ONE Recital Supplies BD24-0008 204.03 100-1605-7736 CAPITAL ONE Spring Recital Supplies BD24-0008 14.24 100-1605-7735 CAPITAL ONE TC Snack Bar Supplies BD24-0008 150.84 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies BD24-0008 284.76 100-1605-7736 CAPITAL ONE Recital Supplies BD24-0008 13.73 Fitness Center Aquatics 3491 7,800.00
Assessment 5/2023
100-1605-7965 LPA INC
100-1610-8100 LPA INC City Hall Renovation 5/2023 3491 3,175.00 100-1605-7741 CAPITAL ONE Skate Event Supplies BD24-0008 15.17 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies BD24-0008 5.66 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies BD24-0008 57.56 100-1605-7741 CAPITAL ONE Skate Event Supplies BD24-0008 228.30 100-1610-7617 FULLER ENGINEERING INC Pool Chemicals 3482 839.74 100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Trash Bags (Bus Stops/Parks) 3505 1,001.90 Pool Main Chemical Control 3487 3,197.25
Feeder Replacement
100-1610-7652 LAWRENCE E MARINO SEPER…
Labor - Chemical Control 3487 1,450.00
Feeder Replacement
100-1610-7652 LAWRENCE E MARINO SEPER…
100-1205-7650 MONRO INC Vehicle #24 Flat Tire Repair 218838 16.81 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 3474 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 3474 9.31 100-1605-7729 CARLOS FELIPE PEREZ Concerts in the Park DJ 218840 575.00 100-1605-7729 CARLOS FELIPE PEREZ Touch A Truck Event DJ 218841 575.00 100-1605-7733 RODOLFO CARDENAS SC Monthly Dance DJ 218814 175.00 100-1605-7729 KAROL BALA Concerts in the Park Band 218808 2,500.00 100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Building Maint Supplies 3505 1,017.06 100-1815-7630 WELLS FARGO VENDOR FINA… Apple Lease Year 2 of 2 218854 22,850.43 100-1610-7618 SHAFFER AWARDS Name Plates (Mr Breceda) 218847 21.99 Summer Kickoff Event 218848 70.71
Generator Rental
100-1605-7730 SIMON EQUIPMENT RENTALS
100-1825-7613 STAPLES ADVANTAGE Copier Paper 3508 267.25 100-1825-7614 STAPLES ADVANTAGE Office Supplies 3508 313.38 CH(2)/PS/SC/TC Copier Lease 218812 1,735.49
7/1/2023 - 7/31/2023
100-1825-7630 CANON FINANCIAL SERVICES I…
CH(2)/PS/SC/TC Copier Maint 218812 655.42
5/1/2023 - 5/31/2023
100-1825-7631 CANON FINANCIAL SERVICES I…
CMD-Permit Tech Printer 218813 14.53
Maint 5/23/23-6/22/23
100-1825-7631 CANON SOLUTIONS AMERICA …
100-1610-7652 CHARLES R SIMPSON FC/Yard Fence Repairs 218849 1,000.00 100-1805-7614 STAPLES ADVANTAGE Budget Book Supplies 3508 72.20 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 3474 25.69 11 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 2 of 10
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 3474 9.31 Aida Torres ICMA Conf 3515 490.00
Registration 10/2023
100-1205-7610 U.S. BANK
Remote Meetings Camera 3515 55.11
(Amazon)
100-1205-7610 U.S. BANK
100-1205-7614 U.S. BANK Office Supplies (Target) 3515 17.08 Henry Salcido CERT Conference 3515 121.00
Airfare (Breeze Air)
100-1205-7615 U.S. BANK
Uniform Badge Holder 3515 55.08
(Amazon)
100-1205-7636 U.S. BANK
DART Citrus College Tour 3515 20.60
6/22/23 (Jersey Mikes)
100-1205-7779 U.S. BANK
DART Graffiti Removal/Local 3515 40.00
Harvest (Tru Bowl)
100-1205-7779 U.S. BANK
DART/Teen Ctr Event 6/19/23 3515 18.72
(Little Caesars)
100-1205-7779 U.S. BANK
Rabies Clinic Volunteer 3515 118.15
Snacks/Drinks (S & F)
100-1205-7780 U.S. BANK
Rabies Clinic Volunteer Coffee 3515 40.00
(Starbucks)
100-1205-7780 U.S. BANK
AC Officer Device Charging 3515 35.15
Cables (Amazon)
100-1205-7780 U.S. BANK
Rabies Clinic Volunteer Food 3515 210.50
(Tropicana Mkt)
100-1205-7780 U.S. BANK
100-1205-7780 U.S. BANK Rabies Clinic Supplies (Target) 3515 29.14 Rabies Clinic Volunteer/Staff 3515 38.04
Food (Merengue)
100-1205-7780 U.S. BANK
Emily Lepone AC Snake 3515 15.00
Training (Cal Animals)
100-1205-7780 U.S. BANK
Rabies Clinic Supplies (Dollar 3515 6.99
Tree)
100-1205-7780 U.S. BANK
Rabies Clinic Volunteer Donuts 3515 33.75
(A & P Donuts)
100-1205-7780 U.S. BANK
Emily Lepone AC Puppy 3515 15.00
Training (Cal Animals)
100-1205-7780 U.S. BANK
100-1205-7887 U.S. BANK Printer Cable (Best Buy) 3515 9.89 100-1610-7652 ALBERTOS PLUMBING Public Safety Plumbing Repair 3464 150.00 100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Janitorial Supplies 3505 586.16 100-1825-7613 GRAND PRINTING INC Business Cards-Brian Villalobos 218830 141.12 July 3rd Event Council 3506 115.86
Gifts/Water
100-1010-7980 SMART & FINAL
TC/Boxing Golf Tournament 3506 58.03
Gift Bags
100-1605-7745 SMART & FINAL
Splash in the Park Event 3506 65.17
Supplies
100-1605-7730 SMART & FINAL
CMD Permit Tech Printer Maint 218813 34.91
5/7/23 - 6/26/23
100-1825-7631 CANON SOLUTIONS AMERICA …
100-1605-7758 CURO MANAGED PRINT PRO… July 3rd Flag Cutouts 218817 740.88 TC July 3rd Event 3506 37.98
Supplies/Sales
100-1605-7735 SMART & FINAL
100-1605-7636 JAG ENDEAVORS LLC Leadership Team Staff Shirts 218833 212.43 100-1610-7617 FULLER ENGINEERING INC Pool Chemicals 3482 1,021.39 100-1205-7762 CALE AMERICA INC WTP Fees 6/2023 3470 583.41 Deceased Animal Disposal 3498 38.00
6/2023
100-1205-7780 ONLY CREMATIONS FOR PETS
Summer Concerts 3512 2,472.34
Flyers/Banners/Yard Signs
100-1605-7729 THE SAUCE CREATIVE SERVICE…
100-1610-7652 ALBERTOS PLUMBING Fitness Ctr Plumbing Repairs 3464 850.00 100-1605-7636 CURO MANAGED PRINT PRO… Name Badges 218817 25.63 100-1605-7758 CURO MANAGED PRINT PRO… July 3rd Corn Hole Sets 218817 404.89 100-1605-7758 CURO MANAGED PRINT PRO… July 3rd Event Parking Signs 218817 43.00 TC/Boxing Golf Tournament 218847 246.08
Awards
100-1605-7745 SHAFFER AWARDS
12 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 3 of 10
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Crossing Guard Srvcs 3465 3,794.85
6/11/2023 - 6/24/2023
100-1205-7782 ALL CITY MANAGEMENT SERV…
Emergency Generator 3510 160.00
Inspection 6/27/2023
100-1410-7656 SUNWEST ENGINEERING
Instructor Fee-Culinary Camp 3516 1,050.00
S1
100-1605-7736 JOVANA VILLEGAS
SC Billiards Room Table 218829 928.90
Repairs/Barstools
100-1610-7618 GAME ROOM SPECIALISTS INC
100-1005-7640 J & J SPORTS & TROPHIES Cesar Garcia Duarte Shirts 3485 156.00 Pest Control Srvcs-Yard 3519 162.40
6/29/23
100-1610-7652 WESTERN EXTERMINATOR C…
100-1605-7740 CHALLENGER TEAMWEAR Adventure Camp Jerseys 3472 236.83 Weekly Pool Service Contract 3487 1,950.00
6/2023
100-1610-7652 LAWRENCE E MARINO SEPER…
100-1610-7617 LAWRENCE E MARINO SEPER… Pool Chemicals 6/2023 3487 221.60 100-1820-7776 ALLIANT INSURANCE SERVICES…FY24 Crime Insurance 3466 1,191.00 Red,White & Swim Event 3506 142.18
Supplies
100-1610-7616 SMART & FINAL
Senior Ctr July 4th Party 3506 129.67
Supplies
100-1605-7733 SMART & FINAL
100-1010-7670 SOUTHERN CALIFORNIA NEWS…Legal Notices 6/2023 3507 612.36 Citywide Vehicle Cleaning 218826 84.00
6/2023
100-1205-7650 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 218826 120.00
6/2023
100-1205-7781 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 218826 30.00
6/2023
100-1405-7650 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 218826 12.00
6/2023
100-1410-7650 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 218826 6.00
6/2023
100-1605-7650 FAST 5 HOLDING COMPANY L…
100-2125 REGIONAL TAP SERVICE CENT… TAP Card Reload 6/2023 218845 30.00 CCCA Conference Prize 218820 8.50
Donation
100-1010-7980 DUARTE CITY MANAGER'S OFF…
USB-Tzeital's Memorial Digital 218820 15.37
Mat'l
100-1010-7980 DUARTE CITY MANAGER'S OFF…
100-1010-7980 DUARTE CITY MANAGER'S OFF…CC Mtg/Dinner Drinks/Snacks 218820 15.10 CC Reception 5/23/23 218820 9.48
Plates/Napkins
100-1010-7980 DUARTE CITY MANAGER'S OFF…
100-1010-7980 DUARTE CITY MANAGER'S OFF…Council Reception Tablecloth 218820 3.86 100-1010-7980 DUARTE CITY MANAGER'S OFF…Intern Thank you Gift 218820 4.50 100-1205-7610 DUARTE PUBLIC SAFETY PETTY…Dept Staff Meeting Food 218823 24.99 100-1205-7980 DUARTE PUBLIC SAFETY PETTY…Office Water 218823 18.00 100-1605-7735 DUARTE RECREATION PETTY … TC Starbucks Gift Card 218824 10.00 100-1610-7618 DUARTE RECREATION PETTY … Paint Supplies 218824 32.95 Summer Concerts Promo 3512 829.06
Giveaways
100-1605-7729 THE SAUCE CREATIVE SERVICE…
Building & Safety Services 3473 24,929.35
6/2023
100-1405-7800 CHARLES ABBOTT ASSOCIATES…
100-1810-7660 CALIFORNIA STATE DEPARTM… Fingerprint Apps 6/2023 3471 192.00 100-1610-7652 ALBERTOS PLUMBING Fitness Ctr Plumbing Repairs 3464 553.25 100-1610-7650 WARDS SERVICE Vehicle #21 Service/Repair 3517 316.88 100-1205-7650 WARDS SERVICE Vehicle #29 Service/Repair 3517 877.70 Animal Control Equipment 218809 5,294.74
Storage Container
100-1205-7780 BIZON GROUP INC
National Night Out Event 218828 1,515.00
8/1/2023
100-1205-7980 THE FUN COMPANY
100-1205-7780 SAN GABRIEL VALLEY HUMAN… Animal Shelter Services 7/2023 3503 5,833.33 July 3rd Event Soda/Water 3506 409.40
Sales
100-1605-7733 SMART & FINAL
100-1605-7733 DUARTE PETTY CASH/BINGO … SC Bingo Prize Money 218822 140.00 Animal Control/Code Data 3477 9,144.73
System 7/1/23 - 6/30/24
100-1205-7823 COMCATE SOFTWARE INC
13 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 4 of 10
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Landscape Maintenance 3469 161.58
7/2023
100-1020-7724 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 2,009.15
7/2023
100-1415-7916 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 58.55
7/2023
100-1825-7945 BRIGHTVIEW LANDSCAPE SER… 250016-Oper of Acq Prop-122… EOC Software 6/1/2023 - 3513 213.74
6/30/2023
100-1205-7655 THOMSON REUTERS-WEST P…
City Hall Janitorial Srvces 3484 1,723.28
7/2023
100-1610-7652 INX BUILDING MAINTENANCE
100-1810-7660 CMC LIVESCAN & NOTARY SE… Livescan Services 6/2023 3476 125.00 Teen Ctr HVAC Quarterly 3463 1,038.00
Maintenance Contract
100-1610-7652 ACCO ENGINEERED SYSTEMS
Town Ctr/Senior Ctr HVAC 3463 3,420.00
Quarterly Maint Contract
100-1610-7652 ACCO ENGINEERED SYSTEMS
PS Postage Machine Lease 218844 664.60
8/1/2023 - 10/31/2023
100-1825-7630 QUADIENT LEASING USA INC
100-1015-7684 CIVICA LAW GROUP, APC 1001 Las Lomas Legal 6/2023 3475 3,867.20 100-1015-7684 CIVICA LAW GROUP, APC 1307 Bloomdale Legal 6/2023 3475 6,172.20 2165 Huntington Dr Legal 3475 315.90
6/2023
100-1015-7684 CIVICA LAW GROUP, APC
Mendoza v Duarte (Admin 3475 3,025.63
Appeal) 6/2023
100-1015-7684 CIVICA LAW GROUP, APC
100-1015-7684 CIVICA LAW GROUP, APC LASD Citations Legal 6/2023 3475 6,000.00 100-1015-7684 CIVICA LAW GROUP, APC LASD Citation Costs 6/2023 3475 191.64 100-1410-7630 SIMON EQUIPMENT RENTALS Bobcat Rental 218848 355.28 100-1025-7706 MADIA TECH LAUNCH INC FY23 City Partner Dues 3492 300.00 100-1010-7980 SMART & FINAL July 3rd Council Board Supplies 3506 61.89 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 3474 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 3474 9.31 July 3rd Event Family Fun Zone 3506 86.52
Supplies
100-1605-7758 SMART & FINAL
100-1410-7636 ALEXANDER ESCOBEDO Safety Boot Reimbursement 218825 400.00 100-1605-7741 BSN SPORTS LLC Youth Sports Supplies 218810 562.28 July 3rd Event Band/Sound 3506 72.53
Snacks
100-1605-7758 SMART & FINAL
100-1205-7636 JUAN OSEGUERA Uniform Shirts 218839 49.25 100-1410-7980 FYREBRINGER STUDIOS INC Andres Duarte Statue Cleaning 3483 4,260.00 CH/Yard Alarm/Camera 3500 173.84
Monitoring 8/1/23 - 8/31/23
100-1610-7652 POST ALARM SYSTEMS
100-1410-7814 SUPERIOR PROPERTY SERVICE… Graffiti Removal 6/2023 218852 4,128.45 100-1610-7652 DARRELL RAY CARROLL Royal Oaks Park Lock Repair 218815 145.00 100-1610-7652 DARRELL RAY CARROLL Duarte Park Lock Repair 218815 145.00 Gsuite accessduarte.com BD24-0007 1,720.00
6/1/23 - 6/30/23
100-1815-7632 GOOGLE LLC
100-1605-7740 SMART & FINAL Summer Day Camp Supplies 3506 96.03 Concerts in the Park 218834 3,200.00
Sound/Stag/Lighting
100-1605-7729 KYLE KOLLER
100-1205-7760 FOOTHILL UNITY CENTER FY24 General Support 218827 14,500.00 Building Plans Storage BD24-0005 410.00
7/1/2023 - 8/1/2023
100-1405-7800 LIFE STORAGE #530
Building Plans Storage BD24-0006 384.00
7/1/2023 - 8/1/2023
100-1405-7800 LIFE STORAGE #530
Annual Subscription-Agency 3497 4,000.00
Srvcs 7/1/23 - 6/30/24
100-1010-7685 NETFILE INC
100-1605-7736 ISABEL PITTMAN Instructor Fee-Yoga Summe… 3499 210.00 100-1825-7613 GRAND PRINTING INC Business Cards-Larry Breceda 218830 141.12 100-1815-7632 MAXTREME INC FY24 Jamf Pro Renewal 3494 13,750.00 100-1605-7758 SUNBELT RENTALS INC July 3rd Event Generato… 3509 1,212.53 100-1605-7758 SUNBELT RENTALS INC July 3rd Light Tower Rental 3509 815.71 100-1405-7969 RKA CONSULTING GROUP Engineering Plan Check 6/2023 3501 800.00 100-1405-7969 RKA CONSULTING GROUP City Engineer Contract 6/2023 3501 1,280.00 14 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 5 of 10
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Public Works Inspections 3501 840.00
6/2023
100-1405-7967 RKA CONSULTING GROUP
ATP Cycle 4 Ped/Bike 3501 6,986.25
Improvements 6/2023
100-1405-7969 RKA CONSULTING GROUP 202118-ATP Cycle 4-City Engi… Senior Ctr Newsletter 218817 1,058.40
July/August 2023
100-1605-7733 CURO MANAGED PRINT PRO…
July 3rd Event Meal 3489 238.41
Reimbursement
100-1005-7650 TONEY LEWIS
Business License Refund (OFL- 218836 363.00
Duarte Inc)
100-4004 LUPINE PROPERTIES
July 3rd Event Light Tower 3509 467.96
Rental
100-1605-7758 SUNBELT RENTALS INC
100-1205-7614 STAPLES ADVANTAGE Office Supplies 3508 56.80 100-1805-7614 STAPLES ADVANTAGE Office Supplies 3508 355.98 ICMA Conference Airfare 218853 207.97
9/30/23-10/4/23
100-1010-7610 BRIAN VILLALOBOS
July 3rd Event Light Tower 3509 243.02
Rental
100-1605-7758 SUNBELT RENTALS INC
100-1805-7653 SECTRAN SECURITY INC July 2023 Courier Pickup 3504 304.88 PIP Program DPO Abernathy 3478 26,250.00
4/1/23 - 6/30/23
100-1205-7783 COUNTY OF LOS ANGELES PR…
Const/Demo Deposit Refund 218850 30,000.00
(Pmt #2020-307)
100-2126 SKANSKA USA BUILDING INC
Administrative Fee (Pmt 218850 -125.00
#2020-307)
100-5004 SKANSKA USA BUILDING INC
Permit Refund (Pmt #2023- 218832 141.60
261) 1312 Valencia Ln
100-4201 IPERMIT
July 3rd Event Equipment 3480 6,885.71
Rental
100-1605-7758 DOLPHIN RENTS INC
100-1605-7758 DOLPHIN RENTS INC July 3rd Event Table Linens 3480 4,573.40 Barracuda Essentials 1 Yr 218831 3,737.00
7/16/2023 - 7/15/2024
100-1815-7632 INTELLI-TECH
Admin Citation Processing 3479 646.81
6/2023
100-1205-7761 DATA TICKET INC
Parking Citation Processing 3479 1,431.49
6/2023
100-1205-7761 DATA TICKET INC
DART Chamber/Summer 3514 102.96
Kickoff Expenses
100-1205-7779 AIDA TORRES
100-1610-7618 SMART & FINAL Ice Machine Scoops 3506 24.78 Instructor Fee-Vocal Class 3467 109.20
Summer S1
100-1605-7736 ARK INTERNATIONAL INC
100-2026 AARON CUN Equipment Deposit Refund 218816 25.00 100-1610-8100 LPA INC City Hall Renovation 6/2023 3491 4,725.00 Fitness Center Aquatics 3491 15,600.00
Assessment 6/2023
100-1605-7965 LPA INC
Concerts in the Park Generator 3509 870.74
Rental 7/10/23
100-1605-7729 SUNBELT RENTALS INC
Concerts in the Park Light 3509 1,287.40
Tower Rental 7/10/23
100-1605-7729 SUNBELT RENTALS INC
100-1205-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 6/2023 3490 195,908.92 100-1205-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 6/2023 3490 202205/1205-7781-ARPA-Cor… 212,019.83 100-1005-7642 MARGARET FINLAY Equipment for Council Work 3481 1,327.66 July 3rd Event Flowers for 218824 36.00
Mayor
100-1010-7980 DUARTE RECREATION PETTY …
Notice of Exemption-1515 218806 75.00
Hunt Dr (Demo of Hotel)
100-1410-7980 COUNTY OF LA REGISTRAR-RE…
100-1605-7740 DUARTE RECREATION PETTY … Camp Beach Parking 218824 45.00 Staff Donuts (July 3rd Banner 218824 17.00
Hanging)
100-1605-7758 DUARTE RECREATION PETTY …
100-1500 MARILYN MAYS Advance-Duarte Boxing Show 218837 940.00 100-1205-7781 LOS ANGELES COUNTY SHERIF…Tobacco Enforcement 5/2023 3490 202105-Contract Law Enforc… 11,087.72 100-1205-7761 SUPERIOR CT OF CAL CO OF L… Citation Revenue Tax 6/2023 218851 5,084.50 FY24 Dog License Renewal 218842 316.59
Mailer Postage
100-1205-7780 POSTMASTER
15 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 6 of 10
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Vehicle #17 Service/Key 3517 547.60
Replacement
100-1605-7650 WARDS SERVICE
Retention-City Hall ADA 218843 44,094.11
Improvement Project
100-2127 PUB CONSTRUCTION INC 202102- Retention CDBG ADA … ROP Bldg Rent Deposit Refund 218846 150.00
7/1/2023
100-2120 CESAR ROBLES
100-1605-7729 CURO MANAGED PRINT PRO… Summer Concerts Yard Signs 218817 79.38 100-1815-7965 MAXTREME INC IT Helpdesk 7/2023 3494 12,500.00 100-1410-7636 SEAN H MCBRIDE Safety Boot Reimbursement 3495 380.34 General City Attorney 3502 20,959.50
(Retainer) 6/2023
100-1015-7680 RUTAN & TUCKER LLP
Land Valye Holdings Litigation 3502 510.50
6/2023
100-1015-7686 RUTAN & TUCKER LLP
Highland Ave Eminent Domain 3502 25.50
Legal 6/2023
100-1015-7686 RUTAN & TUCKER LLP
Mel Canyon Eminent Domain 3502 127.50
Legal 6/2023
100-1015-7686 RUTAN & TUCKER LLP
SC Rental Deposit Refund 218835 500.00
7/15/2023
100-2120 TIM LANG
100-2012 CALIFORNIA BUILDING STAND… Green Bldg Fee Q2 2023 218811 145.00 Strong Motion Fee (SMIP) Q2 218818 436.50
2023
100-2013 DEPARTMENT OF CONSERVAT…
100-2122 DIVISION OF THE STATE ARCH… Disability Access Fee Q2 2023 218819 157.20 100-5004 DEPARTMENT OF CONSERVAT…Local Agency Fee Q2 2023 218818 -21.83 100-5004 CALIFORNIA BUILDING STAND… Local Gov't Retainer Q2 2023 218811 -14.50 100-1805-7614 DUARTE PETTY CASH Computer Floor Mat 218821 33.08 Harassment Investigation Legal 3502 2,838.00
6/2023
100-1015-7682 RUTAN & TUCKER LLP
Fund 100 - GENERAL FUND Total: 824,043.45
Fund: 220 - GAS TAX FUN
Civic Center Parking Lot 3511 10,239.30
Striping
220-2210-7811 SUPERIOR PAVEMENT MARKI…
Fund 220 - GAS TAX FUN Total: 10,239.30
Fund: 225 - SB-1, Road Maintenance/Rehab Fund
225-2127 ALL AMERICAN ASPHALT Retention 218807 202306/225-2127-Retention-… -4,641.88 CO-2 FY23 Street Rehabilition 218807 14,437.50
Project
225-2250-8100 ALL AMERICAN ASPHALT 202306/225-2250-8100-Other… FY23 Street Rehabilition 218807 78,400.00
Project
225-2250-8100 ALL AMERICAN ASPHALT 202306/225-2250-8100-Other… Fund 225 - SB-1, Road Maintenance/Rehab Fund Total: 88,195.62 Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
240-2410-7662 BEE REMOVERS Bee Removal-CH Parking Lot 3468 135.00 240-2410-7888 LANDSCAPE WAREHOUSE III Irrigation Repairs-Encanto Park 3486 366.76 240-2410-7662 WEST COAST ARBORISTS INC Arborist Report 3518 878.00 Tree 3518 9,308.00
Trimming/Removals/Planting
240-2410-7896 WEST COAST ARBORISTS INC
Tree 3518 13,570.00
Trimming/Removals/Planting
240-2410-7906 WEST COAST ARBORISTS INC
Tree 3518 20,519.50
Trimming/Removals/Planting
240-2410-7909 WEST COAST ARBORISTS INC
Landscape Maintenance 3469 10,537.29
7/2023
240-2410-7915 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 6,807.23
7/2023
240-2410-7917 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 681.41
7/2023
240-2410-7917 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 484.95
7/2023
240-2420-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 1,826.50
7/2023
240-2421-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 675.21
7/2023
240-2422-7914 BRIGHTVIEW LANDSCAPE SER…
16 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 7 of 10
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Landscape Maintenance 3469 1,264.50
7/2023
240-2423-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 772.75
7/2023
240-2424-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 562.00
7/2023
240-2425-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 252.90
7/2023
240-2426-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 885.61
7/2023
240-2427-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 1,124.00
7/2023
240-2431-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 1,173.18
7/2023
240-2432-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 744.65
7/2023
240-2433-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 498.78
7/2023
240-2434-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 3469 702.50
7/2023
240-2435-7914 BRIGHTVIEW LANDSCAPE SER…
240-2410-7888 LANDSCAPE WAREHOUSE III Irrigation Repairs-Duarte Park 3486 175.88 240-2410-7888 LANDSCAPE WAREHOUSE III Irrigation Repairs-Duarte Park 3486 133.44 Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 74,080.04 Fund: 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CDBG City Hall ADA 3488 1,539.00
Improvements 6/2023
260-2605-8061 LDM ASSOCIATES INC 202102-CDBG ADA Improv Pro… Retention-City Hall ADA 218843 30,093.85
Improvement
260-2127 PUB CONSTRUCTION INC 202102-Retention-CDBG ADA … Fund 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Total: 31,632.85 Fund: 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND
290-2905-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 6/2023 3490 11,613.35 Fund 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND Total: 11,613.35 Fund: 400 - PARK DEVELOPMENT GRANT FUND
Fish Cyn Trail 3496 1,812.85
Restoration/Access Planning
6/2023
400-4005-7965 NATURE FOR ALL 202214-Exp-Fish Cyn Trail Res… Fund 400 - PARK DEVELOPMENT GRANT FUND Total: 1,812.85
Fund: 440 - PROPOSITION A TRANSIT FUND
Citywide Vehicle Cleaning 218826 36.00
6/2023
440-4405-7650 FAST 5 HOLDING COMPANY L…
Fund 440 - PROPOSITION A TRANSIT FUND Total: 36.00
Grand Total: 1,041,653.46
17 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 8 of 10
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 824,043.45
220 - GAS TAX FUN 10,239.30
225 - SB-1, Road Maintenance/Rehab Fund 88,195.62
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 74,080.04
260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 31,632.85 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND 11,613.35
400 - PARK DEVELOPMENT GRANT FUND 1,812.85
440 - PROPOSITION A TRANSIT FUND 36.00
Grand Total: 1,041,653.46
Account Summary
Account Number Account Name Payment Amount
100-1005-7640 Travel & Exp - Garcia 156.00
100-1005-7642 Travel & Exp - Finlay 1,327.66
100-1005-7650 Travel & Exp - Lewis 238.41
100-1010-7610 Travel, Mtgs & Conf 207.97
100-1010-7670 Legal Notices 612.36
100-1010-7685 Technology Services 4,000.00
100-1010-7980 Other Expenses 270.56
100-1015-7680 City Attorney Legal 20,959.50
100-1015-7682 Labor Counsel Legal 2,838.00
100-1015-7684 Code Enforcement Legal 19,572.57
100-1015-7686 Other Legal Services 663.50
100-1020-7724 Post Office Parking 161.58
100-1025-7706 MADIA 300.00
100-1205-7610 Travel, Mtgs & Conf 570.10
100-1205-7614 Office Supplies 73.88
100-1205-7615 Emergency Supplies 121.00
100-1205-7636 Uniforms 104.33
100-1205-7650 Vehicle Maintenance 1,208.59
100-1205-7655 Emergency Services 213.74
100-1205-7760 Homeless Outreach Prog… 14,500.00
100-1205-7761 Parking Ticket Collect 7,162.80
100-1205-7762 Parking Pass Kiosk Costs 583.41
100-1205-7779 Youth Programs 182.28
100-1205-7780 Animal Control 12,024.38
100-1205-7781 Contract Law Enforceme… 419,136.47
100-1205-7782 Crossing Guard Contract… 3,794.85
100-1205-7783 GAPP Program 26,250.00
100-1205-7823 Code/Animal Control Da… 9,144.73
100-1205-7887 Repairs & Replacements 9.89
100-1205-7980 Other Expenses 1,533.00
100-1405-7650 Vehicle Maintenance 30.00
100-1405-7800 Building Department Ser… 25,723.35
100-1405-7967 Public Works Inspections 840.00
100-1405-7969 City Engineer 9,066.25
100-1410-7630 Equipment Rentals 355.28
100-1410-7636 Uniforms 780.34
100-1410-7650 Vehicle Maintenance 12.00
100-1410-7656 Emergency Generator 160.00
100-1410-7814 Graffiti Removal 4,128.45
100-1410-7980 Other Expenses 4,335.00
100-1415-7916 Landscape-Sport Park 2,009.15
100-1500 Advances 940.00
100-1605-7636 Uniforms 238.06
100-1605-7650 Vehicle Maintenance 553.60
100-1605-7729 Concerts In The Park 12,388.92
18 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 9 of 10
Account Summary
Account Number Account Name Payment Amount
100-1605-7730 Special Events 280.80
100-1605-7733 Senior Center 1,912.47
100-1605-7735 Teen Center 198.82
100-1605-7736 Youth & Adult Recreatio… 1,601.20
100-1605-7740 Day Camps 1,068.04
100-1605-7741 Sports/Playground Progr… 805.75
100-1605-7745 Boxing Program 304.11
100-1605-7758 Independence Day Celeb… 15,563.15
100-1605-7965 Professional Services 23,400.00
100-1610-7616 Pool Supplies 142.18
100-1610-7617 Pool Chemicals 2,082.73
100-1610-7618 Building Supplies 4,117.12
100-1610-7636 Uniforms 118.96
100-1610-7650 Vehicle Maintenance 316.88
100-1610-7652 Building Maint Services 18,010.26
100-1610-8100 Other Capital Improvem… 7,900.00
100-1805-7614 Office Supplies 461.26
100-1805-7653 Bank Charges 304.88
100-1810-7660 Other Services 317.00
100-1815-7630 Equipment Lease 22,850.43
100-1815-7632 Software 19,207.00
100-1815-7965 Professional Services 12,500.00
100-1820-7776 Faithful Performance Bo… 1,191.00
100-1825-7613 Duplications And Photos 549.49
100-1825-7614 Office Supplies 313.38
100-1825-7630 Equipment Lease 2,400.09
100-1825-7631 Equipment Maintenance 704.86
100-1825-7945 Operation Of Acq Prop 58.55
100-2012 Green Building Fees Pay… 145.00
100-2013 Strong Motions Fees Pay… 436.50
100-2026 EE Equipment Deposit 25.00
100-2120 Refundable Deposits 650.00
100-2122 Disability Access & Educ … 157.20
100-2125 Metro Pass Through (TA… 30.00
100-2126 Construction and Demoli… 30,000.00
100-2127 Retention Payable 44,094.11
100-4004 Business License Tax 363.00
100-4201 Building Permits 141.60
100-5004 Other Revenue -161.33
220-2210-7811 Street Maintenance 10,239.30
225-2127 Retention Payable -4,641.88
225-2250-8100 Other Capital Improvem… 92,837.50
240-2410-7662 Other Serv-Citywide 1,013.00
240-2410-7888 Repairs-Citywide 676.08
240-2410-7896 Tree Planting-Citywide 9,308.00
240-2410-7906 Tree Trim-Citywide 13,570.00
240-2410-7909 Tree Trim-Residential 20,519.50
240-2410-7915 Landscape-Citywide 10,537.29
240-2410-7917 Landscape-Medians 7,488.64
240-2420-7914 Landscape Maintenance 484.95
240-2421-7914 Landscape Maintenance 1,826.50
240-2422-7914 Landscape Maintenance 675.21
240-2423-7914 Landscape Maintenance 1,264.50
240-2424-7914 Landscape Maintenance 772.75
240-2425-7914 Landscape Maintenance 562.00
240-2426-7914 Landscape Maintenance 252.90
240-2427-7914 Landscape Maintenance 885.61
240-2431-7914 Landscape Maintenance 1,124.00
19 Council Warrant Register By Account Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:39:39 PM Page 10 of 10
Account Summary
Account Number Account Name Payment Amount
240-2432-7914 Landscape Maintenance 1,173.18
240-2433-7914 Landscape Maintenance 744.65
240-2434-7914 Landscape Maintenance 498.78
240-2435-7914 Landscape Maintenance 702.50
260-2127 Retention Payable 30,093.85
260-2605-8061 ADA Curb Ramps (Capital) 1,539.00
290-2905-7781 Contract Law Enforceme… 11,613.35
400-4005-7965 Professional Services 1,812.85
440-4405-7650 Vehicle Maintenance 36.00
Grand Total: 1,041,653.46
Project Account Summary
Project Account Key Payment Amount
**None** 645,765.68
202102- Retention CDBG ADA Improvement 44,094.11
202102-CDBG ADA Improv Project 1,539.00
202102-Retention-CDBG ADA Improv Project 30,093.85
202105-Contract Law Enforcement 11,087.72
202118-ATP Cycle 4-City Engineer 6,986.25
202205/1205-7781-ARPA-Coronavirus Recovery Fed 212,019.83 202214-Exp-Fish Cyn Trail Restoration/Access Plan 1,812.85 202306/225-2127-Retention-2023 St Rehab Project -4,641.88 202306/225-2250-8100-Other Cap-FY23 St Rehab 92,837.50
250016-Oper of Acq Prop-1229 Pops Road 58.55
Grand Total: 1,041,653.46
20 7/19/2023 3:40:07 PM Page 1 of 15
Council Warrant Register By Vendor
City of Duarte By Fund
Payment Dates 7/13/2023 - 7/26/2023
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 100 - GENERAL FUND
Vendor: T4656 - AARON CUN
100-2026 AARON CUN Equipment Deposit Refund 7112023 25.00 Vendor T4656 - AARON CUN Total: 25.00
Vendor: 5086 - ACCO ENGINEERED SYSTEMS
Teen Ctr HVAC Quarterly 20426452 1,038.00
Maintenance Contract
100-1610-7652 ACCO ENGINEERED SYSTEMS
Town Ctr/Senior Ctr HVAC 20426453 3,420.00
Quarterly Maint Contract
100-1610-7652 ACCO ENGINEERED SYSTEMS
Vendor 5086 - ACCO ENGINEERED SYSTEMS Total: 4,458.00
Vendor: 1388 - AIDA TORRES
DART Chamber/Summer 6/2023 102.96
Kickoff Expenses
100-1205-7779 AIDA TORRES
Vendor 1388 - AIDA TORRES Total: 102.96
Vendor: 5561 - ALBERTOS PLUMBING
100-1610-7652 ALBERTOS PLUMBING FC Shower Valve Repair 681827 395.00 100-1610-7652 ALBERTOS PLUMBING PS Women's RR Toilet 681830 595.00 100-1610-7652 ALBERTOS PLUMBING Encanto Park Men's RR Faucet 681831 585.00 100-1610-7652 ALBERTOS PLUMBING Public Safety Plumbing Repair 681848 150.00 100-1610-7652 ALBERTOS PLUMBING Fitness Ctr Plumbing Repairs 681849 850.00 100-1610-7652 ALBERTOS PLUMBING Fitness Ctr Plumbing Repairs 681652 553.25 Vendor 5561 - ALBERTOS PLUMBING Total: 3,128.25
Vendor: 6390 - ALEXANDER ESCOBEDO
100-1410-7636 ALEXANDER ESCOBEDO Safety Boot Reimbursement 90675 400.00 Vendor 6390 - ALEXANDER ESCOBEDO Total: 400.00
Vendor: 6117 - ALL CITY MANAGEMENT SERVICE INC
Crossing Guard Srvcs 86627 3,794.85
6/11/2023 - 6/24/2023
100-1205-7782 ALL CITY MANAGEMENT SERV…
Vendor 6117 - ALL CITY MANAGEMENT SERVICE INC Total: 3,794.85 Vendor: 1311 - ALLIANT INSURANCE SERVICES INC-NPB MAIN
100-1820-7776 ALLIANT INSURANCE SERVICES…FY24 Crime Insurance 2349848 1,191.00 Vendor 1311 - ALLIANT INSURANCE SERVICES INC-NPB MAIN Total: 1,191.00 Vendor: 6429 - ARK INTERNATIONAL INC
Instructor Fee-Vocal Class 7112023 109.20
Summer S1
100-1605-7736 ARK INTERNATIONAL INC
Vendor 6429 - ARK INTERNATIONAL INC Total: 109.20
Vendor: 6527 - BIZON GROUP INC
Animal Control Equipment INV-225644 5,294.74
Storage Container
100-1205-7780 BIZON GROUP INC
Vendor 6527 - BIZON GROUP INC Total: 5,294.74
Vendor: 1003 - BRIAN VILLALOBOS
ICMA Conference Airfare 3EW7AZ 207.97
9/30/23-10/4/23
100-1010-7610 BRIAN VILLALOBOS
Vendor 1003 - BRIAN VILLALOBOS Total: 207.97
Vendor: 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC
Landscape Maintenance 8469407 161.58
7/2023
100-1020-7724 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 2,009.15
7/2023
100-1415-7916 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 58.55
7/2023
100-1825-7945 BRIGHTVIEW LANDSCAPE SER… 250016-Oper of Acq Prop-122… Vendor 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC Total: 2,229.28 21 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 2 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 0243 - BSN SPORTS LLC
100-1605-7741 BSN SPORTS LLC Youth Sports Supplies 922009084 562.28 Vendor 0243 - BSN SPORTS LLC Total: 562.28
Vendor: 5559 - CALE AMERICA INC
100-1205-7762 CALE AMERICA INC WTP Fees 6/2023 175571 583.41 Vendor 5559 - CALE AMERICA INC Total: 583.41
Vendor: 4495 - CALIFORNIA BUILDING STANDARDS COMMISSION 100-2012 CALIFORNIA BUILDING STAND… Green Bldg Fee Q2 2023 4/2023 - 6/2023 145.00 100-5004 CALIFORNIA BUILDING STAND… Local Gov't Retainer Q2 2023 4/2023 - 6/2023 -14.50 Vendor 4495 - CALIFORNIA BUILDING STANDARDS COMMISSION Total: 130.50 Vendor: 0065 - CALIFORNIA STATE DEPARTMENT OF JUSTICE
100-1810-7660 CALIFORNIA STATE DEPARTM… Fingerprint Apps 6/2023 665382 192.00 Vendor 0065 - CALIFORNIA STATE DEPARTMENT OF JUSTICE Total: 192.00 Vendor: 5719 - CANON FINANCIAL SERVICES INC
CH(2)/PS/SC/TC Copier Lease 30731490 1,735.49
7/1/2023 - 7/31/2023
100-1825-7630 CANON FINANCIAL SERVICES I…
CH(2)/PS/SC/TC Copier Maint 30731490a 655.42
5/1/2023 - 5/31/2023
100-1825-7631 CANON FINANCIAL SERVICES I…
Vendor 5719 - CANON FINANCIAL SERVICES INC Total: 2,390.91 Vendor: 5720 - CANON SOLUTIONS AMERICA INC
CMD-Permit Tech Printer 6004653540 14.53
Maint 5/23/23-6/22/23
100-1825-7631 CANON SOLUTIONS AMERICA …
CMD Permit Tech Printer Maint 6004693238 34.91
5/7/23 - 6/26/23
100-1825-7631 CANON SOLUTIONS AMERICA …
Vendor 5720 - CANON SOLUTIONS AMERICA INC Total: 49.44
Vendor: 6229 - CAPITAL ONE
100-1605-7740 CAPITAL ONE Summer Day Camp Supplies 74050 259.15 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies 03023 83.05 100-1605-7730 CAPITAL ONE Little Library Storytime Snacks 582618257 100.86 Splash in the Park Water 9341930 44.06
Balloons
100-1605-7730 CAPITAL ONE
100-1605-7736 CAPITAL ONE Recital Supplies 96048 204.03 100-1605-7736 CAPITAL ONE Spring Recital Supplies 06415 14.24 100-1605-7735 CAPITAL ONE TC Snack Bar Supplies 69727 150.84 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies 28484 284.76 100-1605-7736 CAPITAL ONE Recital Supplies 88906282 13.73 100-1605-7741 CAPITAL ONE Skate Event Supplies 05738 15.17 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies 05739 5.66 100-1605-7740 CAPITAL ONE Summer Day Camp Supplies 5431595 57.56 100-1605-7741 CAPITAL ONE Skate Event Supplies 64030 228.30 Vendor 6229 - CAPITAL ONE Total: 1,461.41
Vendor: 6357 - CARLOS FELIPE PEREZ
100-1605-7729 CARLOS FELIPE PEREZ Concerts in the Park DJ 45000-7/31/2023 575.00 100-1605-7729 CARLOS FELIPE PEREZ Touch A Truck Event DJ 45066-8/5/2023 575.00 Vendor 6357 - CARLOS FELIPE PEREZ Total: 1,150.00
Vendor: T4655 - CESAR ROBLES
ROP Bldg Rent Deposit Refund R99596 150.00
7/1/2023
100-2120 CESAR ROBLES
Vendor T4655 - CESAR ROBLES Total: 150.00
Vendor: 5792 - CHALLENGER TEAMWEAR
100-1605-7740 CHALLENGER TEAMWEAR Adventure Camp Jerseys 1194715-IN 236.83 Vendor 5792 - CHALLENGER TEAMWEAR Total: 236.83
Vendor: 5120 - CHARLES ABBOTT ASSOCIATES INC
Building & Safety Services 65998 24,929.35
6/2023
100-1405-7800 CHARLES ABBOTT ASSOCIATES…
Vendor 5120 - CHARLES ABBOTT ASSOCIATES INC Total: 24,929.35 22 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 3 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 2025 - CHARLES R SIMPSON
100-1610-7652 CHARLES R SIMPSON FC/Yard Fence Repairs 05671016 1,000.00 Vendor 2025 - CHARLES R SIMPSON Total: 1,000.00
Vendor: 5140 - CINTAS CORPORATION #693
100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4156917595 41.89 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4156917595 9.31 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4159013344 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4159013344 9.31 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4159685257 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4159685257 9.31 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4160418949 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4160418949 9.31 Vendor 5140 - CINTAS CORPORATION #693 Total: 156.20
Vendor: 6483 - CIVICA LAW GROUP, APC
100-1015-7684 CIVICA LAW GROUP, APC 1001 Las Lomas Legal 6/2023 10545 3,867.20 100-1015-7684 CIVICA LAW GROUP, APC 1307 Bloomdale Legal 6/2023 10546 6,172.20 2165 Huntington Dr Legal 10547 315.90
6/2023
100-1015-7684 CIVICA LAW GROUP, APC
Mendoza v Duarte (Admin 10548 3,025.63
Appeal) 6/2023
100-1015-7684 CIVICA LAW GROUP, APC
100-1015-7684 CIVICA LAW GROUP, APC LASD Citations Legal 6/2023 10549 6,000.00 100-1015-7684 CIVICA LAW GROUP, APC LASD Citation Costs 6/2023 10550 191.64 Vendor 6483 - CIVICA LAW GROUP, APC Total: 19,572.57
Vendor: 5504 - CMC LIVESCAN & NOTARY SERVICES
100-1810-7660 CMC LIVESCAN & NOTARY SE… Livescan Services 6/2023 CMC18025 125.00 Vendor 5504 - CMC LIVESCAN & NOTARY SERVICES Total: 125.00 Vendor: 5328 - COMCATE SOFTWARE INC
Animal Control/Code Data 8168 9,144.73
System 7/1/23 - 6/30/24
100-1205-7823 COMCATE SOFTWARE INC
Vendor 5328 - COMCATE SOFTWARE INC Total: 9,144.73
Vendor: 0692 - COUNTY OF LA REGISTRAR-RECORDER/COUNTY CLERK Notice of Exemption-1515 7122023 75.00
Hunt Dr (Demo of Hotel)
100-1410-7980 COUNTY OF LA REGISTRAR-RE…
Vendor 0692 - COUNTY OF LA REGISTRAR-RECORDER/COUNTY CLERK Total: 75.00 Vendor: 1117 - COUNTY OF LOS ANGELES PROBATION DEPARTMENT PIP Program DPO Abernathy DUA2223-04 26,250.00
4/1/23 - 6/30/23
100-1205-7783 COUNTY OF LOS ANGELES PR…
Vendor 1117 - COUNTY OF LOS ANGELES PROBATION DEPARTMENT Total: 26,250.00 Vendor: 5494 - CURO MANAGED PRINT PRODUCTION
100-1605-7758 CURO MANAGED PRINT PRO… July 3rd Flag Cutouts 6871 740.88 100-1605-7636 CURO MANAGED PRINT PRO… Name Badges 6878 25.63 100-1605-7758 CURO MANAGED PRINT PRO… July 3rd Corn Hole Sets 6878 404.89 100-1605-7758 CURO MANAGED PRINT PRO… July 3rd Event Parking Signs 6879 43.00 Senior Ctr Newsletter 6899 1,058.40
July/August 2023
100-1605-7733 CURO MANAGED PRINT PRO…
100-1605-7729 CURO MANAGED PRINT PRO… Summer Concerts Yard Signs 6925 79.38 Vendor 5494 - CURO MANAGED PRINT PRODUCTION Total: 2,352.18 Vendor: 5025 - DARRELL RAY CARROLL
100-1610-7652 DARRELL RAY CARROLL Royal Oaks Park Lock Repair 24944 145.00 100-1610-7652 DARRELL RAY CARROLL Duarte Park Lock Repair 24945 145.00 Vendor 5025 - DARRELL RAY CARROLL Total: 290.00
Vendor: 5501 - DATA TICKET INC
Admin Citation Processing 153301 646.81
6/2023
100-1205-7761 DATA TICKET INC
Parking Citation Processing 154018 1,431.49
6/2023
100-1205-7761 DATA TICKET INC
Vendor 5501 - DATA TICKET INC Total: 2,078.30
23 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 4 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 5132 - DEPARTMENT OF CONSERVATION
Strong Motion Fee (SMIP) Q2 4/2023 - 6/2023 436.50
2023
100-2013 DEPARTMENT OF CONSERVAT…
100-5004 DEPARTMENT OF CONSERVAT…Local Agency Fee Q2 2023 4/2023 - 6/2023 -21.83 Vendor 5132 - DEPARTMENT OF CONSERVATION Total: 414.67
Vendor: 5248 - DIVISION OF THE STATE ARCHITECT
100-2122 DIVISION OF THE STATE ARCH… Disability Access Fee Q2 2023 4/2023 - 6/2023 157.20 Vendor 5248 - DIVISION OF THE STATE ARCHITECT Total: 157.20 Vendor: 1381 - DOLPHIN RENTS INC
July 3rd Event Equipment 01-213657-25 6,885.71
Rental
100-1605-7758 DOLPHIN RENTS INC
100-1605-7758 DOLPHIN RENTS INC July 3rd Event Table Linens 01-213922-13 4,573.40 Vendor 1381 - DOLPHIN RENTS INC Total: 11,459.11
Vendor: 0278 - DUARTE CITY MANAGER'S OFFICE PETTY CASH
100-1010-7980 DUARTE CITY MANAGER'S OFF…Council Reception Tablecloth 6302023 3.86 100-1010-7980 DUARTE CITY MANAGER'S OFF…Intern Thank you Gift 6302023 4.50 CC Reception 5/23/23 6302023 9.48
Plates/Napkins
100-1010-7980 DUARTE CITY MANAGER'S OFF…
100-1010-7980 DUARTE CITY MANAGER'S OFF…CC Mtg/Dinner Drinks/Snacks 6302023 15.10 CCCA Conference Prize 6302023 8.50
Donation
100-1010-7980 DUARTE CITY MANAGER'S OFF…
USB-Tzeital's Memorial Digital 6302023 15.37
Mat'l
100-1010-7980 DUARTE CITY MANAGER'S OFF…
Vendor 0278 - DUARTE CITY MANAGER'S OFFICE PETTY CASH Total: 56.81 Vendor: 0476 - DUARTE PETTY CASH/BINGO PRIZE
100-1605-7733 DUARTE PETTY CASH/BINGO … SC Bingo Prize Money 8/2023 140.00 Vendor 0476 - DUARTE PETTY CASH/BINGO PRIZE Total: 140.00 Vendor: 0046 - DUARTE PETTY CASH
100-1805-7614 DUARTE PETTY CASH Computer Floor Mat 6302023 33.08 Vendor 0046 - DUARTE PETTY CASH Total: 33.08
Vendor: 3165 - DUARTE PUBLIC SAFETY PETTY CASH
100-1205-7610 DUARTE PUBLIC SAFETY PETTY…Dept Staff Meeting Food 6302023 24.99 100-1205-7980 DUARTE PUBLIC SAFETY PETTY…Office Water 6302023 18.00 Vendor 3165 - DUARTE PUBLIC SAFETY PETTY CASH Total: 42.99 Vendor: 0311 - DUARTE RECREATION PETTY CASH
100-1605-7735 DUARTE RECREATION PETTY … TC Starbucks Gift Card 6302023 10.00 100-1610-7618 DUARTE RECREATION PETTY … Paint Supplies 6302023 32.95 July 3rd Event Flowers for 7122023 36.00
Mayor
100-1010-7980 DUARTE RECREATION PETTY …
100-1605-7740 DUARTE RECREATION PETTY … Camp Beach Parking 7122023 45.00 Staff Donuts (July 3rd Banner 7122023 17.00
Hanging)
100-1605-7758 DUARTE RECREATION PETTY …
Vendor 0311 - DUARTE RECREATION PETTY CASH Total: 140.95 Vendor: 6237 - FAST 5 HOLDING COMPANY LLC
Citywide Vehicle Cleaning 5880 84.00
6/2023
100-1205-7650 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 5880 120.00
6/2023
100-1205-7781 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 5880 30.00
6/2023
100-1405-7650 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 5880 12.00
6/2023
100-1410-7650 FAST 5 HOLDING COMPANY L…
Citywide Vehicle Cleaning 5880 6.00
6/2023
100-1605-7650 FAST 5 HOLDING COMPANY L…
Vendor 6237 - FAST 5 HOLDING COMPANY LLC Total: 252.00
Vendor: T0183 - FOOTHILL UNITY CENTER
100-1205-7760 FOOTHILL UNITY CENTER FY24 General Support 7052023 14,500.00 Vendor T0183 - FOOTHILL UNITY CENTER Total: 14,500.00
24 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 5 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 4690 - FULLER ENGINEERING INC
100-1610-7617 FULLER ENGINEERING INC Pool Chemicals 148728 839.74 100-1610-7617 FULLER ENGINEERING INC Pool Chemicals 148819 1,021.39 Vendor 4690 - FULLER ENGINEERING INC Total: 1,861.13
Vendor: 6169 - FYREBRINGER STUDIOS INC
100-1410-7980 FYREBRINGER STUDIOS INC Andres Duarte Statue Cleaning 092151 4,260.00 Vendor 6169 - FYREBRINGER STUDIOS INC Total: 4,260.00
Vendor: 6528 - GAME ROOM SPECIALISTS INC
SC Billiards Room Table 23-42273 928.90
Repairs/Barstools
100-1610-7618 GAME ROOM SPECIALISTS INC
Vendor 6528 - GAME ROOM SPECIALISTS INC Total: 928.90
Vendor: 6181 - GOOGLE LLC
Gsuite accessduarte.com 4756195273 1,720.00
6/1/23 - 6/30/23
100-1815-7632 GOOGLE LLC
Vendor 6181 - GOOGLE LLC Total: 1,720.00
Vendor: 5340 - GRAND PRINTING INC
100-1825-7613 GRAND PRINTING INC Business Cards-Brian Villalobos 13674 141.12 100-1825-7613 GRAND PRINTING INC Business Cards-Larry Breceda 112657 141.12 Vendor 5340 - GRAND PRINTING INC Total: 282.24
Vendor: 5930 - INTELLI-TECH
Barracuda Essentials 1 Yr 15205 3,737.00
7/16/2023 - 7/15/2024
100-1815-7632 INTELLI-TECH
Vendor 5930 - INTELLI-TECH Total: 3,737.00
Vendor: 6309 - INX BUILDING MAINTENANCE
City Hall Janitorial Srvces 977911 1,723.28
7/2023
100-1610-7652 INX BUILDING MAINTENANCE
Vendor 6309 - INX BUILDING MAINTENANCE Total: 1,723.28
Vendor: T4653 - IPERMIT
Permit Refund (Pmt #2023- R99679 141.60
261) 1312 Valencia Ln
100-4201 IPERMIT
Vendor T4653 - IPERMIT Total: 141.60
Vendor: 6478 - ISABEL PITTMAN
100-1605-7736 ISABEL PITTMAN Instructor Fee-Yoga Summe… INV000 210.00 Vendor 6478 - ISABEL PITTMAN Total: 210.00
Vendor: 0594 - J & J SPORTS & TROPHIES
100-1005-7640 J & J SPORTS & TROPHIES Cesar Garcia Duarte Shirts 29800 156.00 Vendor 0594 - J & J SPORTS & TROPHIES Total: 156.00
Vendor: 6031 - JAG ENDEAVORS LLC
100-1605-7636 JAG ENDEAVORS LLC Leadership Team Staff Shirts 1356 212.43 Vendor 6031 - JAG ENDEAVORS LLC Total: 212.43
Vendor: 5299 - JOSEPH A MARTINEZ
100-1610-7652 JOSEPH A MARTINEZ CC Floor Repair INV0376 440.00 Vendor 5299 - JOSEPH A MARTINEZ Total: 440.00
Vendor: T3851 - JOVANA VILLEGAS
Instructor Fee-Culinary Camp 135821 1,050.00
S1
100-1605-7736 JOVANA VILLEGAS
Vendor T3851 - JOVANA VILLEGAS Total: 1,050.00
Vendor: 4848 - JUAN OSEGUERA
100-1205-7636 JUAN OSEGUERA Uniform Shirts INV194649 49.25 Vendor 4848 - JUAN OSEGUERA Total: 49.25
Vendor: 6522 - KAROL BALA
100-1605-7729 KAROL BALA Concerts in the Park Band 7/31/2023 2,500.00 Vendor 6522 - KAROL BALA Total: 2,500.00
25 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 6 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 6428 - KYLE KOLLER
Concerts in the Park 7/31/2023 3,200.00
Sound/Stag/Lighting
100-1605-7729 KYLE KOLLER
Vendor 6428 - KYLE KOLLER Total: 3,200.00
Vendor: 6484 - LAWRENCE E MARINO SEPERATE PROPERTY TRUST Pool Main Chemical Control 231070601 3,197.25
Feeder Replacement
100-1610-7652 LAWRENCE E MARINO SEPER…
Labor - Chemical Control 231070601 1,450.00
Feeder Replacement
100-1610-7652 LAWRENCE E MARINO SEPER…
Weekly Pool Service Contract 231070602 1,950.00
6/2023
100-1610-7652 LAWRENCE E MARINO SEPER…
100-1610-7617 LAWRENCE E MARINO SEPER… Pool Chemicals 6/2023 231070603 221.60 Vendor 6484 - LAWRENCE E MARINO SEPERATE PROPERTY TRUST Total: 6,818.85 Vendor: 5761 - LIFE STORAGE #530
Building Plans Storage 82928 410.00
7/1/2023 - 8/1/2023
100-1405-7800 LIFE STORAGE #530
Building Plans Storage 82929 384.00
7/1/2023 - 8/1/2023
100-1405-7800 LIFE STORAGE #530
Vendor 5761 - LIFE STORAGE #530 Total: 794.00
Vendor: 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
100-1205-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 6/2023 233716EC 195,908.92 100-1205-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 6/2023 233716EC 202205/1205-7781-ARPA-Cor… 212,019.83 100-1205-7781 LOS ANGELES COUNTY SHERIF…Tobacco Enforcement 5/2023 233894DL 202105-Contract Law Enforc… 11,087.72 Vendor 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Total: 419,016.47 Vendor: 6477 - LPA INC
Fitness Center Aquatics ARIV1003948 7,800.00
Assessment 5/2023
100-1605-7965 LPA INC
100-1610-8100 LPA INC City Hall Renovation 5/2023 ARIV1003956 3,175.00 100-1610-8100 LPA INC City Hall Renovation 6/2023 ARIV1004484 4,725.00 Fitness Center Aquatics ARIV1004533 15,600.00
Assessment 6/2023
100-1605-7965 LPA INC
Vendor 6477 - LPA INC Total: 31,300.00
Vendor: T4654 - LUPINE PROPERTIES
Business License Refund (OFL- R0180 363.00
Duarte Inc)
100-4004 LUPINE PROPERTIES
Vendor T4654 - LUPINE PROPERTIES Total: 363.00
Vendor: 5389 - MADIA TECH LAUNCH INC
100-1025-7706 MADIA TECH LAUNCH INC FY23 City Partner Dues 23102 300.00 Vendor 5389 - MADIA TECH LAUNCH INC Total: 300.00
Vendor: 0285 - MARGARET FINLAY
100-1005-7642 MARGARET FINLAY Equipment for Council Work 6302023 1,327.66 Vendor 0285 - MARGARET FINLAY Total: 1,327.66
Vendor: 4422 - MARILYN MAYS
100-1500 MARILYN MAYS Advance-Duarte Boxing Show 8/19/2023 940.00 Vendor 4422 - MARILYN MAYS Total: 940.00
Vendor: 4286 - MAXTREME INC
100-1815-7632 MAXTREME INC FY24 Jamf Pro Renewal 13686 13,750.00 100-1815-7965 MAXTREME INC IT Helpdesk 7/2023 13688 12,500.00 Vendor 4286 - MAXTREME INC Total: 26,250.00
Vendor: 6529 - MONRO INC
100-1205-7650 MONRO INC Vehicle #24 Tire Replacement 414719 230.08 100-1205-7650 MONRO INC Vehicle #24 Flat Tire Repair 415628 16.81 Vendor 6529 - MONRO INC Total: 246.89
Vendor: 6417 - NETFILE INC
Annual Subscription-Agency 8744 4,000.00
Srvcs 7/1/23 - 6/30/24
100-1010-7685 NETFILE INC
Vendor 6417 - NETFILE INC Total: 4,000.00
26 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 7 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 6280 - ONLY CREMATIONS FOR PETS
Deceased Animal Disposal 3078402 38.00
6/2023
100-1205-7780 ONLY CREMATIONS FOR PETS
Vendor 6280 - ONLY CREMATIONS FOR PETS Total: 38.00
Vendor: 2466 - POST ALARM SYSTEMS
CH/Yard Alarm/Camera 1596261 173.84
Monitoring 8/1/23 - 8/31/23
100-1610-7652 POST ALARM SYSTEMS
Vendor 2466 - POST ALARM SYSTEMS Total: 173.84
Vendor: 0231 - POSTMASTER
FY24 Dog License Renewal 7132023-PMT #33 316.59
Mailer Postage
100-1205-7780 POSTMASTER
Vendor 0231 - POSTMASTER Total: 316.59
Vendor: 6425 - PUB CONSTRUCTION INC
Retention-City Hall ADA Final 44,094.11
Improvement Project
100-2127 PUB CONSTRUCTION INC 202102- Retention CDBG ADA … Vendor 6425 - PUB CONSTRUCTION INC Total: 44,094.11
Vendor: 6176 - QUADIENT LEASING USA INC
PS Postage Machine Lease N10010602 664.60
8/1/2023 - 10/31/2023
100-1825-7630 QUADIENT LEASING USA INC
Vendor 6176 - QUADIENT LEASING USA INC Total: 664.60
Vendor: 6057 - REGIONAL TAP SERVICE CENTER
100-2125 REGIONAL TAP SERVICE CENT… TAP Card Reload 6/2023 6020217 30.00 Vendor 6057 - REGIONAL TAP SERVICE CENTER Total: 30.00
Vendor: 0904 - RKA CONSULTING GROUP
100-1405-7969 RKA CONSULTING GROUP Engineering Plan Check 6/2023 33756 800.00 100-1405-7969 RKA CONSULTING GROUP City Engineer Contract 6/2023 33757 1,280.00 Public Works Inspections 33758 840.00
6/2023
100-1405-7967 RKA CONSULTING GROUP
ATP Cycle 4 Ped/Bike 33759 6,986.25
Improvements 6/2023
100-1405-7969 RKA CONSULTING GROUP 202118-ATP Cycle 4-City Engi… Vendor 0904 - RKA CONSULTING GROUP Total: 9,906.25
Vendor: 6293 - RODOLFO CARDENAS
100-1605-7733 RODOLFO CARDENAS SC Monthly Dance DJ 7/27/2023 175.00 Vendor 6293 - RODOLFO CARDENAS Total: 175.00
Vendor: 0196 - RUTAN & TUCKER LLP
General City Attorney 965650 20,959.50
(Retainer) 6/2023
100-1015-7680 RUTAN & TUCKER LLP
Land Valye Holdings Litigation 965651 510.50
6/2023
100-1015-7686 RUTAN & TUCKER LLP
Highland Ave Eminent Domain 965653 25.50
Legal 6/2023
100-1015-7686 RUTAN & TUCKER LLP
Mel Canyon Eminent Domain 965654 127.50
Legal 6/2023
100-1015-7686 RUTAN & TUCKER LLP
Harassment Investigation Legal 965757 2,838.00
6/2023
100-1015-7682 RUTAN & TUCKER LLP
Vendor 0196 - RUTAN & TUCKER LLP Total: 24,461.00
Vendor: 6088 - SAN GABRIEL VALLEY HUMANE SOCIETY
100-1205-7780 SAN GABRIEL VALLEY HUMAN… Animal Shelter Services 7/2023 7/2023D 5,833.33 Vendor 6088 - SAN GABRIEL VALLEY HUMANE SOCIETY Total: 5,833.33 Vendor: 6178 - SEAN H MCBRIDE
100-1410-7636 SEAN H MCBRIDE Safety Boot Reimbursement 6598600 380.34 Vendor 6178 - SEAN H MCBRIDE Total: 380.34
Vendor: 6277 - SECTRAN SECURITY INC
100-1805-7653 SECTRAN SECURITY INC July 2023 Courier Pickup 23070617 304.88 Vendor 6277 - SECTRAN SECURITY INC Total: 304.88
Vendor: 0202 - SHAFFER AWARDS
100-1610-7618 SHAFFER AWARDS Name Plates (Mr Breceda) 7474 21.99 27 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 8 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount TC/Boxing Golf Tournament 7483 246.08
Awards
100-1605-7745 SHAFFER AWARDS
Vendor 0202 - SHAFFER AWARDS Total: 268.07
Vendor: 6401 - SIGNAL HILL AUTO ENTERPRISES
100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Building Maint Supplies 038622 503.38 100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Trash Bags (Bus Stops/Parks) 041529 1,001.90 100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Building Maint Supplies 041532 1,017.06 100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Janitorial Supplies 041532-01 586.16 Vendor 6401 - SIGNAL HILL AUTO ENTERPRISES Total: 3,108.50 Vendor: 0206 - SIMON EQUIPMENT RENTALS
Summer Kickoff Event 152446 70.71
Generator Rental
100-1605-7730 SIMON EQUIPMENT RENTALS
100-1410-7630 SIMON EQUIPMENT RENTALS Bobcat Rental 152822 355.28 Vendor 0206 - SIMON EQUIPMENT RENTALS Total: 425.99
Vendor: T4536 - SKANSKA USA BUILDING INC
Const/Demo Deposit Refund R86112 30,000.00
(Pmt #2020-307)
100-2126 SKANSKA USA BUILDING INC
Administrative Fee (Pmt R86112 -125.00
#2020-307)
100-5004 SKANSKA USA BUILDING INC
Vendor T4536 - SKANSKA USA BUILDING INC Total: 29,875.00 Vendor: 0209 - SMART & FINAL
July 3rd Event Council 367088 115.86
Gifts/Water
100-1010-7980 SMART & FINAL
TC/Boxing Golf Tournament 428322 58.03
Gift Bags
100-1605-7745 SMART & FINAL
Splash in the Park Event 584399 65.17
Supplies
100-1605-7730 SMART & FINAL
TC July 3rd Event 789466 37.98
Supplies/Sales
100-1605-7735 SMART & FINAL
Red,White & Swim Event 289922 142.18
Supplies
100-1610-7616 SMART & FINAL
Senior Ctr July 4th Party 321933 129.67
Supplies
100-1605-7733 SMART & FINAL
July 3rd Event Soda/Water 772155 409.40
Sales
100-1605-7733 SMART & FINAL
100-1010-7980 SMART & FINAL July 3rd Council Board Supplies 273999 61.89 July 3rd Event Family Fun Zone 866999 86.52
Supplies
100-1605-7758 SMART & FINAL
July 3rd Event Band/Sound 953388 72.53
Snacks
100-1605-7758 SMART & FINAL
100-1605-7740 SMART & FINAL Summer Day Camp Supplies 574966 96.03 100-1610-7618 SMART & FINAL Ice Machine Scoops 707611 24.78 Vendor 0209 - SMART & FINAL Total: 1,300.04
Vendor: 0220 - SOUTHERN CALIFORNIA NEWS GROUP
100-1010-7670 SOUTHERN CALIFORNIA NEWS…Legal Notices 6/2023 567921 612.36 Vendor 0220 - SOUTHERN CALIFORNIA NEWS GROUP Total: 612.36 Vendor: 2688 - STAPLES ADVANTAGE
100-1825-7613 STAPLES ADVANTAGE Copier Paper 3540888356 267.25 100-1825-7614 STAPLES ADVANTAGE Office Supplies 3540888356 313.38 100-1805-7614 STAPLES ADVANTAGE Budget Book Supplies 3541152569 72.20 100-1205-7614 STAPLES ADVANTAGE Office Supplies 3542339624 56.80 100-1805-7614 STAPLES ADVANTAGE Office Supplies 3542339625 355.98 Vendor 2688 - STAPLES ADVANTAGE Total: 1,065.61
Vendor: 6462 - SUNBELT RENTALS INC
100-1605-7758 SUNBELT RENTALS INC July 3rd Event Generato… 141443649-0001 1,212.53 100-1605-7758 SUNBELT RENTALS INC July 3rd Light Tower Rental 141512026-0001 815.71 July 3rd Event Light Tower 141512026-0002 467.96
Rental
100-1605-7758 SUNBELT RENTALS INC
July 3rd Event Light Tower 141512026-0003 243.02
Rental
100-1605-7758 SUNBELT RENTALS INC
28 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 9 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Concerts in the Park Generator 141703907-0001 870.74
Rental 7/10/23
100-1605-7729 SUNBELT RENTALS INC
Concerts in the Park Light 141727077-0001 1,287.40
Tower Rental 7/10/23
100-1605-7729 SUNBELT RENTALS INC
Vendor 6462 - SUNBELT RENTALS INC Total: 4,897.36
Vendor: 1610 - SUNWEST ENGINEERING
Emergency Generator SA-34826 160.00
Inspection 6/27/2023
100-1410-7656 SUNWEST ENGINEERING
Vendor 1610 - SUNWEST ENGINEERING Total: 160.00
Vendor: 3661 - SUPERIOR CT OF CAL CO OF LOS ANGELES
100-1205-7761 SUPERIOR CT OF CAL CO OF L… Citation Revenue Tax 6/2023 7132023 5,084.50 Vendor 3661 - SUPERIOR CT OF CAL CO OF LOS ANGELES Total: 5,084.50 Vendor: 5307 - SUPERIOR PROPERTY SERVICES INC
100-1410-7814 SUPERIOR PROPERTY SERVICE… Graffiti Removal 6/2023 17830 4,128.45 Vendor 5307 - SUPERIOR PROPERTY SERVICES INC Total: 4,128.45 Vendor: 4649 - THE FUN COMPANY
National Night Out Event 5001 1,515.00
8/1/2023
100-1205-7980 THE FUN COMPANY
Vendor 4649 - THE FUN COMPANY Total: 1,515.00
Vendor: 4241 - THE SAUCE CREATIVE SERVICES CORP
Summer Concerts 6280 2,472.34
Flyers/Banners/Yard Signs
100-1605-7729 THE SAUCE CREATIVE SERVICE…
Summer Concerts Promo 6306 829.06
Giveaways
100-1605-7729 THE SAUCE CREATIVE SERVICE…
Vendor 4241 - THE SAUCE CREATIVE SERVICES CORP Total: 3,301.40 Vendor: 5581 - THOMSON REUTERS-WEST PUBLISHING CORP
EOC Software 6/1/2023 - 848566895 213.74
6/30/2023
100-1205-7655 THOMSON REUTERS-WEST P…
Vendor 5581 - THOMSON REUTERS-WEST PUBLISHING CORP Total: 213.74 Vendor: T4657 - TIM LANG
SC Rental Deposit Refund R99873 500.00
7/15/2023
100-2120 TIM LANG
Vendor T4657 - TIM LANG Total: 500.00
Vendor: 6100 - TONEY LEWIS
July 3rd Event Meal 7032023 238.41
Reimbursement
100-1005-7650 TONEY LEWIS
Vendor 6100 - TONEY LEWIS Total: 238.41
Vendor: 4484 - U.S. BANK
Remote Meetings Camera 6262023LB 55.11
(Amazon)
100-1205-7610 U.S. BANK
Aida Torres ICMA Conf 6262023LB 490.00
Registration 10/2023
100-1205-7610 U.S. BANK
100-1205-7614 U.S. BANK Office Supplies (Target) 6262023LB 17.08 Henry Salcido CERT Conference 6262023LB 121.00
Airfare (Breeze Air)
100-1205-7615 U.S. BANK
Uniform Badge Holder 6262023LB 55.08
(Amazon)
100-1205-7636 U.S. BANK
DART Graffiti Removal/Local 6262023LB 40.00
Harvest (Tru Bowl)
100-1205-7779 U.S. BANK
DART Citrus College Tour 6262023LB 20.60
6/22/23 (Jersey Mikes)
100-1205-7779 U.S. BANK
DART/Teen Ctr Event 6/19/23 6262023LB 18.72
(Little Caesars)
100-1205-7779 U.S. BANK
AC Officer Device Charging 6262023LB 35.15
Cables (Amazon)
100-1205-7780 U.S. BANK
Rabies Clinic Volunteer Donuts 6262023LB 33.75
(A & P Donuts)
100-1205-7780 U.S. BANK
Rabies Clinic Volunteer Food 6262023LB 210.50
(Tropicana Mkt)
100-1205-7780 U.S. BANK
29 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 10 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Rabies Clinic Volunteer Coffee 6262023LB 40.00
(Starbucks)
100-1205-7780 U.S. BANK
Rabies Clinic Volunteer 6262023LB 118.15
Snacks/Drinks (S & F)
100-1205-7780 U.S. BANK
Rabies Clinic Volunteer/Staff 6262023LB 38.04
Food (Merengue)
100-1205-7780 U.S. BANK
Emily Lepone AC Snake 6262023LB 15.00
Training (Cal Animals)
100-1205-7780 U.S. BANK
Emily Lepone AC Puppy 6262023LB 15.00
Training (Cal Animals)
100-1205-7780 U.S. BANK
100-1205-7780 U.S. BANK Rabies Clinic Supplies (Target) 6262023LB 29.14 Rabies Clinic Supplies (Dollar 6262023LB 6.99
Tree)
100-1205-7780 U.S. BANK
100-1205-7887 U.S. BANK Printer Cable (Best Buy) 6262023LB 9.89 Vendor 4484 - U.S. BANK Total: 1,369.20
Vendor: 6113 - WARDS SERVICE
100-1610-7650 WARDS SERVICE Vehicle #21 Service/Repair 91887 316.88 100-1205-7650 WARDS SERVICE Vehicle #29 Service/Repair 91889 877.70 Vehicle #17 Service/Key 91976 547.60
Replacement
100-1605-7650 WARDS SERVICE
Vendor 6113 - WARDS SERVICE Total: 1,742.18
Vendor: 5571 - WELLS FARGO VENDOR FINANCIAL SERVICES LLC 100-1815-7630 WELLS FARGO VENDOR FINA… Apple Lease Year 2 of 2 5025592292 22,850.43 Vendor 5571 - WELLS FARGO VENDOR FINANCIAL SERVICES LLC Total: 22,850.43 Vendor: 5992 - WESTERN EXTERMINATOR COMPANY
Pest Control Srvcs-Yard 46893156 162.40
6/29/23
100-1610-7652 WESTERN EXTERMINATOR C…
Vendor 5992 - WESTERN EXTERMINATOR COMPANY Total: 162.40 Fund 100 - GENERAL FUND Total: 824,043.45
Fund: 220 - GAS TAX FUN
Vendor: 4917 - SUPERIOR PAVEMENT MARKINGS INC
Civic Center Parking Lot 16864 10,239.30
Striping
220-2210-7811 SUPERIOR PAVEMENT MARKI…
Vendor 4917 - SUPERIOR PAVEMENT MARKINGS INC Total: 10,239.30 Fund 220 - GAS TAX FUN Total: 10,239.30
Fund: 225 - SB-1, Road Maintenance/Rehab Fund
Vendor: 3655 - ALL AMERICAN ASPHALT
225-2127 ALL AMERICAN ASPHALT Retention 2 (Final) 202306/225-2127-Retention-… -4,641.88 FY23 Street Rehabilition 2 (Final) 78,400.00
Project
225-2250-8100 ALL AMERICAN ASPHALT 202306/225-2250-8100-Other… CO-2 FY23 Street Rehabilition 2 (Final) 14,437.50
Project
225-2250-8100 ALL AMERICAN ASPHALT 202306/225-2250-8100-Other… Vendor 3655 - ALL AMERICAN ASPHALT Total: 88,195.62
Fund 225 - SB-1, Road Maintenance/Rehab Fund Total: 88,195.62 Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
Vendor: 1060 - BEE REMOVERS
240-2410-7662 BEE REMOVERS Bee Removal-CH Parking Lot 601354 135.00 Vendor 1060 - BEE REMOVERS Total: 135.00
Vendor: 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC
Landscape Maintenance 8469407 10,537.29
7/2023
240-2410-7915 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 681.41
7/2023
240-2410-7917 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 6,807.23
7/2023
240-2410-7917 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 484.95
7/2023
240-2420-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 1,826.50
7/2023
240-2421-7914 BRIGHTVIEW LANDSCAPE SER…
30 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 11 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Landscape Maintenance 8469407 675.21
7/2023
240-2422-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 1,264.50
7/2023
240-2423-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 772.75
7/2023
240-2424-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 562.00
7/2023
240-2425-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 252.90
7/2023
240-2426-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 885.61
7/2023
240-2427-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 1,124.00
7/2023
240-2431-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 1,173.18
7/2023
240-2432-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 744.65
7/2023
240-2433-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 498.78
7/2023
240-2434-7914 BRIGHTVIEW LANDSCAPE SER…
Landscape Maintenance 8469407 702.50
7/2023
240-2435-7914 BRIGHTVIEW LANDSCAPE SER…
Vendor 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC Total: 28,993.46 Vendor: 3968 - LANDSCAPE WAREHOUSE III
240-2410-7888 LANDSCAPE WAREHOUSE III Irrigation Repairs-Encanto Park 4185454 366.76 240-2410-7888 LANDSCAPE WAREHOUSE III Irrigation Repairs-Duarte Park 4185918 175.88 240-2410-7888 LANDSCAPE WAREHOUSE III Irrigation Repairs-Duarte Park 4185957 133.44 Vendor 3968 - LANDSCAPE WAREHOUSE III Total: 676.08
Vendor: 1521 - WEST COAST ARBORISTS INC
240-2410-7662 WEST COAST ARBORISTS INC Arborist Report 1-9126 878.00 Tree 201943 9,308.00
Trimming/Removals/Planting
240-2410-7896 WEST COAST ARBORISTS INC
Tree 201943 13,570.00
Trimming/Removals/Planting
240-2410-7906 WEST COAST ARBORISTS INC
Tree 201943 20,519.50
Trimming/Removals/Planting
240-2410-7909 WEST COAST ARBORISTS INC
Vendor 1521 - WEST COAST ARBORISTS INC Total: 44,275.50 Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 74,080.04 Fund: 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Vendor: 5438 - LDM ASSOCIATES INC
CDBG City Hall ADA 7885 1,539.00
Improvements 6/2023
260-2605-8061 LDM ASSOCIATES INC 202102-CDBG ADA Improv Pro… Vendor 5438 - LDM ASSOCIATES INC Total: 1,539.00
Vendor: 6425 - PUB CONSTRUCTION INC
Retention-City Hall ADA Final 30,093.85
Improvement
260-2127 PUB CONSTRUCTION INC 202102-Retention-CDBG ADA … Vendor 6425 - PUB CONSTRUCTION INC Total: 30,093.85
Fund 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Total: 31,632.85 Fund: 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND
Vendor: 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
290-2905-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 6/2023 233716EC 11,613.35 Vendor 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Total: 11,613.35 Fund 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND Total: 11,613.35 31 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 12 of 15
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 400 - PARK DEVELOPMENT GRANT FUND
Vendor: 6354 - NATURE FOR ALL
Fish Cyn Trail WF-06.2079 1,812.85
Restoration/Access Planning
6/2023
400-4005-7965 NATURE FOR ALL 202214-Exp-Fish Cyn Trail Res… Vendor 6354 - NATURE FOR ALL Total: 1,812.85
Fund 400 - PARK DEVELOPMENT GRANT FUND Total: 1,812.85
Fund: 440 - PROPOSITION A TRANSIT FUND
Vendor: 6237 - FAST 5 HOLDING COMPANY LLC
Citywide Vehicle Cleaning 5880 36.00
6/2023
440-4405-7650 FAST 5 HOLDING COMPANY L…
Vendor 6237 - FAST 5 HOLDING COMPANY LLC Total: 36.00
Fund 440 - PROPOSITION A TRANSIT FUND Total: 36.00
Grand Total: 1,041,653.46
32 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 13 of 15
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 824,043.45
220 - GAS TAX FUN 10,239.30
225 - SB-1, Road Maintenance/Rehab Fund 88,195.62
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 74,080.04
260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 31,632.85 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND 11,613.35
400 - PARK DEVELOPMENT GRANT FUND 1,812.85
440 - PROPOSITION A TRANSIT FUND 36.00
Grand Total: 1,041,653.46
Account Summary
Account Number Account Name Payment Amount
100-1005-7640 Travel & Exp - Garcia 156.00
100-1005-7642 Travel & Exp - Finlay 1,327.66
100-1005-7650 Travel & Exp - Lewis 238.41
100-1010-7610 Travel, Mtgs & Conf 207.97
100-1010-7670 Legal Notices 612.36
100-1010-7685 Technology Services 4,000.00
100-1010-7980 Other Expenses 270.56
100-1015-7680 City Attorney Legal 20,959.50
100-1015-7682 Labor Counsel Legal 2,838.00
100-1015-7684 Code Enforcement Legal 19,572.57
100-1015-7686 Other Legal Services 663.50
100-1020-7724 Post Office Parking 161.58
100-1025-7706 MADIA 300.00
100-1205-7610 Travel, Mtgs & Conf 570.10
100-1205-7614 Office Supplies 73.88
100-1205-7615 Emergency Supplies 121.00
100-1205-7636 Uniforms 104.33
100-1205-7650 Vehicle Maintenance 1,208.59
100-1205-7655 Emergency Services 213.74
100-1205-7760 Homeless Outreach Prog… 14,500.00
100-1205-7761 Parking Ticket Collect 7,162.80
100-1205-7762 Parking Pass Kiosk Costs 583.41
100-1205-7779 Youth Programs 182.28
100-1205-7780 Animal Control 12,024.38
100-1205-7781 Contract Law Enforceme… 419,136.47
100-1205-7782 Crossing Guard Contract… 3,794.85
100-1205-7783 GAPP Program 26,250.00
100-1205-7823 Code/Animal Control Da… 9,144.73
100-1205-7887 Repairs & Replacements 9.89
100-1205-7980 Other Expenses 1,533.00
100-1405-7650 Vehicle Maintenance 30.00
100-1405-7800 Building Department Ser… 25,723.35
100-1405-7967 Public Works Inspections 840.00
100-1405-7969 City Engineer 9,066.25
100-1410-7630 Equipment Rentals 355.28
100-1410-7636 Uniforms 780.34
100-1410-7650 Vehicle Maintenance 12.00
100-1410-7656 Emergency Generator 160.00
100-1410-7814 Graffiti Removal 4,128.45
100-1410-7980 Other Expenses 4,335.00
100-1415-7916 Landscape-Sport Park 2,009.15
100-1500 Advances 940.00
100-1605-7636 Uniforms 238.06
100-1605-7650 Vehicle Maintenance 553.60
100-1605-7729 Concerts In The Park 12,388.92
33 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 14 of 15
Account Summary
Account Number Account Name Payment Amount
100-1605-7730 Special Events 280.80
100-1605-7733 Senior Center 1,912.47
100-1605-7735 Teen Center 198.82
100-1605-7736 Youth & Adult Recreatio… 1,601.20
100-1605-7740 Day Camps 1,068.04
100-1605-7741 Sports/Playground Progr… 805.75
100-1605-7745 Boxing Program 304.11
100-1605-7758 Independence Day Celeb… 15,563.15
100-1605-7965 Professional Services 23,400.00
100-1610-7616 Pool Supplies 142.18
100-1610-7617 Pool Chemicals 2,082.73
100-1610-7618 Building Supplies 4,117.12
100-1610-7636 Uniforms 118.96
100-1610-7650 Vehicle Maintenance 316.88
100-1610-7652 Building Maint Services 18,010.26
100-1610-8100 Other Capital Improvem… 7,900.00
100-1805-7614 Office Supplies 461.26
100-1805-7653 Bank Charges 304.88
100-1810-7660 Other Services 317.00
100-1815-7630 Equipment Lease 22,850.43
100-1815-7632 Software 19,207.00
100-1815-7965 Professional Services 12,500.00
100-1820-7776 Faithful Performance Bo… 1,191.00
100-1825-7613 Duplications And Photos 549.49
100-1825-7614 Office Supplies 313.38
100-1825-7630 Equipment Lease 2,400.09
100-1825-7631 Equipment Maintenance 704.86
100-1825-7945 Operation Of Acq Prop 58.55
100-2012 Green Building Fees Pay… 145.00
100-2013 Strong Motions Fees Pay… 436.50
100-2026 EE Equipment Deposit 25.00
100-2120 Refundable Deposits 650.00
100-2122 Disability Access & Educ … 157.20
100-2125 Metro Pass Through (TA… 30.00
100-2126 Construction and Demoli… 30,000.00
100-2127 Retention Payable 44,094.11
100-4004 Business License Tax 363.00
100-4201 Building Permits 141.60
100-5004 Other Revenue -161.33
220-2210-7811 Street Maintenance 10,239.30
225-2127 Retention Payable -4,641.88
225-2250-8100 Other Capital Improvem… 92,837.50
240-2410-7662 Other Serv-Citywide 1,013.00
240-2410-7888 Repairs-Citywide 676.08
240-2410-7896 Tree Planting-Citywide 9,308.00
240-2410-7906 Tree Trim-Citywide 13,570.00
240-2410-7909 Tree Trim-Residential 20,519.50
240-2410-7915 Landscape-Citywide 10,537.29
240-2410-7917 Landscape-Medians 7,488.64
240-2420-7914 Landscape Maintenance 484.95
240-2421-7914 Landscape Maintenance 1,826.50
240-2422-7914 Landscape Maintenance 675.21
240-2423-7914 Landscape Maintenance 1,264.50
240-2424-7914 Landscape Maintenance 772.75
240-2425-7914 Landscape Maintenance 562.00
240-2426-7914 Landscape Maintenance 252.90
240-2427-7914 Landscape Maintenance 885.61
240-2431-7914 Landscape Maintenance 1,124.00
34 Council Warrant Register By Vendor Payment Dates: 7/13/2023 - 7/26/2023 7/19/2023 3:40:07 PM Page 15 of 15
Account Summary
Account Number Account Name Payment Amount
240-2432-7914 Landscape Maintenance 1,173.18
240-2433-7914 Landscape Maintenance 744.65
240-2434-7914 Landscape Maintenance 498.78
240-2435-7914 Landscape Maintenance 702.50
260-2127 Retention Payable 30,093.85
260-2605-8061 ADA Curb Ramps (Capital) 1,539.00
290-2905-7781 Contract Law Enforceme… 11,613.35
400-4005-7965 Professional Services 1,812.85
440-4405-7650 Vehicle Maintenance 36.00
Grand Total: 1,041,653.46
Project Account Summary
Project Account Key Payment Amount
**None** 645,765.68
202102- Retention CDBG ADA Improvement 44,094.11
202102-CDBG ADA Improv Project 1,539.00
202102-Retention-CDBG ADA Improv Project 30,093.85
202105-Contract Law Enforcement 11,087.72
202118-ATP Cycle 4-City Engineer 6,986.25
202205/1205-7781-ARPA-Coronavirus Recovery Fed 212,019.83 202214-Exp-Fish Cyn Trail Restoration/Access Plan 1,812.85 202306/225-2127-Retention-2023 St Rehab Project -4,641.88 202306/225-2250-8100-Other Cap-FY23 St Rehab 92,837.50
250016-Oper of Acq Prop-1229 Pops Road 58.55
Grand Total: 1,041,653.46
35 PUBLIC SAFETY

STATUS REPORT
July 2023

Page 1 of 3 ends

PROJECT/PROGRAM STATUS
L.A. COUNTY SHERIFF’S DEPARTMENT

1. Part 1 Crimes

Our current Part 1 crime rate has decreased by 28.79%. This improvement translates to 76 fewer incidents compared to the corresponding period last year. The notable contributors to this decline are larceny theft and aggravated assaults.

2. Special Assignment
Team
During routine patrol checks of our high vandalized areas, our Special Assignment Deputies apprehended a suspect involved in felony vandalism on the 2000 block of Mountain. Their swift action and vigilant patrolling contributed to the successful capture of the individual responsible for these criminal acts.

We are proud to announce that Special Assignment Deputy Arthur Valenzuela received a special recognition from Congresswoman Grace Napolitano on June 28th. This recognition is a testament to Deputy Valenzuela's unwavering dedication and outstanding commitment to serving our community. We applaud his exemplary efforts in making a positive impact on the lives of those we serve.

3. Neighborhood
Watch
The Public Safety staff has actively participated in various City Functions, such as concerts in the park, the 3rd of July celebration, and Yappy Hour.

Their presence at these events serves to promote overall public safety efforts. During each event, the staff offers valuable Department information, facilitates the sale of dog licenses, distributes free helmets, and raises awareness about Neighborhood Watch programs.

4. 3rd and 4th of July The 3rd of July fireworks safety operation was successfully executed without any major incidents reported. The event attracted a remarkable attendance, with over 8,200 individuals recorded inside the venue and an additional 1,000 attendees observed outside. A dedicated team of 55+ Public Safety personnel, including Deputy Sheriffs, Sheriff Volunteers, Sheriff Explorers, CERT members, DART members, Animal Control Officers, Code Enforcement Officers, and General Public Safety Staff, diligently ensured the smooth running of the event.

Regarding the 4th of July enforcement operation, a total of 8 Administrative Citations were issued. As of July 17th, 2023, one citation has been paid in full, and no citations have been contested thus far. The enforcement team was composed of Duarte Deputies, Code Enforcement Officers, Community Service Officers, Animal Control Officers, CERT members, and General Public Safety Staff.
36

Page 2 of 3 ends

PROJECT/PROGRAM STATUS
Overall, these operations reflect the dedicated efforts and collaborative work of our Public Safety team in maintaining safety and upholding regulations during the holiday celebrations.

MEASURE H and OUTREACH COORDINATION

1. Outreach
Coordinator
Tony Hadloc, our Outreach Coordinator, has been dedicatedly serving in this position since August 2018. Based on his unofficial homeless count for the month, there are currently 27 individuals experiencing homelessness within our community. Hadloc has been actively collaborating with our Code Enforcement team, Deputies, and LA CADA to provide much-needed assistance and support to those individuals’ facing homelessness.

Emily Lepone, our Code Enforcement Officer, began her assignment on October 3, 2022. Since then, she has been diligently enforcing regulations related to shopping cart and public right-of-way violations, as well as addressing nuisances within our major shopping centers. Officer Lepone is actively coordinating with our Deputies to ensure individuals with outstanding warrants related to municipal code violations are brought to court.

2. L.A. CADA The L.A. CADA High Acuity Team, dedicated to assisting individuals experiencing homelessness for over a year, commenced their operations in the City of Duarte on August 2, 2022. During this reporting period, they interacted with a total of 33 individuals, 11 of whom were encountered for the first time. They conducted 22 follow-up engagements, while 13 individuals declined supportive services. Notably, one individual was provided long term housing. The locations with the highest number of contacts were Huntington Dr/Buena Vista and the Duarte Library.

Similarly, the L.A. CADA Supplemental Program, focused on individuals who are recently homeless or at risk of homelessness, began their work in the City on Thursday, September 22, 2022. In this reporting period, they engaged with 24 individuals, including 8 first-time encounters. They conducted 16 follow-up engagements, with 7 individuals declining supportive services. Notably, three individuals were connected to pantry services, while one individual was successfully connected with primary care at the City of Hope Medical Center and DHS Mobile Clinic. The location with the most contacts was Duarte Park.

3. 2022 LAHSA
Official Homeless
Count
Duarte – 11 (25 in 2020)
Monrovia – 76 (77 in 2020)
Arcadia – 174 (106 in 2020)
Irwindale – 213 (7 in 2020)
Azusa – 220 (243 in 2020)
*Waiting on 2023 Homeless Count numbers
37

Page 3 of 3 ends

PROJECT/PROGRAM STATUS

EMERGENCY PREPAREDNESS

1. Emergency
Operations Center
(EOC)
On July 6th, 2023, the Emergency Operations Center (EOC) was activated in response to a brush fire that occurred between Westvale Road and Rim Road. The Fire Personnel swiftly responded to the situation with the deployment of aircraft and hand crews. As a precautionary measure, two homes were evacuated, but were later repopulated that same evening.

Thankfully, there were no reported injuries related to the incident. The cause of the fire is currently under investigation. The EOC was subsequently closed later that evening. The total area affected by the fire was approximately 1 acre.
38 City of
Duarte

MONTHLY FINANCIAL REPORT
Month Ended May 31, 2023
(91.7% of FY 2023-24 Completed)
Contents Page #
Treasury Report
Monthly Activity and Balances
Cash Balance by Fund
Budget-to-Actual Report
General Fund Revenue Dashboard
General Fund Expenditure Dashboard
Revenue, Expenditures, Transfers and Surplus/Deficit by Fund Components of Fund Balance in the General Fund 13
7-11
12 2
3 4-6
39 Monthly Financial Report

Page 2 of 13 ends

CITY OF DUARTE
Treasury Report - Monthly Activity & Balances
Month Ended May 31, 2023

MONTHLY ACTIVITY
Bank* LAIF* Total
Beginning Balance (5/01/2023) $5,962,213 $35,956,687 $41,918,899 Cash Inflows
Receipts $4,566,909 $0 $4,566,909
Transfers In $0 $0 $0
Total Cash Inflows $4,566,909 $0 $4,566,909
Cash Outflows
Disbursements $2,280,431 $0 $2,280,431
Transfers Out $0 $0 $0
Total Cash Outflows $2,280,431 $0 $2,280,431
Net Activity $2,286,478 $0 $2,286,478
Ending Balance (5/31/2023) $8,248,691 $35,956,687 $44,205,377 *The "Bank" balance refers to the balance in the City's primary checking account. The "LAIF" balance refers to the City's investment balance with the Local Agency Investment Fund, which is part of the State of California's Pooled Money Investment Account and administered by the California State Treasurer. 44,205,377
4,566,909
2,280,431 $0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
$50,000,000
May-22
Jun-22
Jul-22
Aug-22
Sep-22
Oct-22
Nov-22
Dec-22
Jan-23
Feb-23
Mar-23
Apr-23
May-23
Total Cash and Investments Monthly Cash Inflows Monthly Cash Outflows 40 Monthly Financial Report

Page 3 of 13 ends

CITY OF DUARTE
Treasury Report - Cash Balance by Fund
Month Ended May 31, 2023
*Source: City of Duarte general ledger. Note that the total cash balance as shown in the City's general ledger is not equal to the combined ending "Bank" and "LAIF" balances shown on the previous page. Because certain transactions are reflected at different times in the general ledger as compared to the City's bank account, the combined "Bank" and "LAIF" balances will rarely equal precisely the City's general ledger cash balance. The City performs a monthly "bank reconciliation" to reconcile these balances. **Funds with zero or negative cash balances are not shown above. Those with negative balances are offset against the General Fund cash balance.

0.1%, $23,227

0.1%, $34,634

0.2%, $68,417

0.2%, $88,566

0.3%, $137,171

0.4%, $187,042

0.8%, $346,994

1.2%, $534,624

2.2%, $988,630

2.3%, $1,011,681

2.4%, $1,054,073

2.6%, $1,145,773

2.7%, $1,184,752

4.6%, $2,040,245

5.3%, $2,333,671

7.2%, $3,197,582

67.5%, $29,865,916
$0 $10,000,000 $20,000,000 $30,000,000
SLEF (290)
PAEG (270)
Quimby (420)
Mea W (490)
AQMD (320)
Lndsc/Lghtng (240)
Prop C (460)
Inclu Hsng (610)
Com Imprvmt (620)
Mea M (475)
Prop A (440)
Mea R (470)
SB1/RMRA (225)
Housing Auth (680)
Gas Tax (220)
Fmr RDA LMI Hsg (681)
General (100)
Cash Balance by Fund (total is $44.2 million*): % of Total & $ Amount 41 Monthly Financial Report

Page 4 of 13 ends

CITY OF DUARTE
General Fund Revenue by Category & Major Sources
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $22,231,350 $21,691,969
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Total GF Revenue
Last Year This Year
$ YTD thru May $11,354,790 $12,650,424
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
Taxes
Last Year This Year
$ YTD thru May $2,867,502 $939,228
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
Licenses & Permits
Last Year This Year
$ YTD thru May $654,422 $424,483
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Fines & Forfeitures
Last Year This Year
$ YTD thru May $262,782 $736,396
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Use of Money and Property
Last Year This Year
$ YTD thru May $5,587,028 $5,870,983
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
Intergovernmental
42 Monthly Financial Report

Page 5 of 13 ends

CITY OF DUARTE
General Fund Revenue by Category & Major Sources
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $229,006 $285,242
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Recreation Fees
Last Year This Year
$ YTD thru May $1,208,406 $407,245
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
Other Service Charges
Last Year This Year
$ YTD thru May $67,415 $377,968
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
Miscellaneous
Last Year This Year
$ YTD thru May $0 $0
$0
$0
$0
$0
$0
$1
$1
$1
$1
$1
$1
Reimbursements
Last Year This Year
$ YTD thru May $5,004,076 $4,346,531
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Sales and Use Tax
Last Year This Year
$ YTD thru May $3,012,584 $3,087,342
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
Transactions (New Sales) Tax
43 Monthly Financial Report

Page 6 of 13 ends

CITY OF DUARTE
General Fund Revenue by Category & Major Sources
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $1,713,083 $3,016,715
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
Property Tax
Last Year This Year
$ YTD thru May $1,065,305 $1,224,769
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
Franchise Tax
Last Year This Year
$ YTD thru May $2,521,341 $663,878
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Building Permits
Last Year This Year
$ YTD thru May $1,049,898 $258,879
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
Plan Check Fees
Last Year This Year
$ YTD thru May $326,591 $350,801
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
Business License
Last Year This Year
$ YTD thru May $159,018 $558,693
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
Transient Occupancy Tax
44 Monthly Financial Report

Page 7 of 13 ends

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $16,899,867 $17,949,459
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
Total GF Expenditures
Last Year This Year
$ YTD thru May $4,344,528 $4,745,574
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
Personnel-Salaries
Last Year This Year
$ YTD thru May $2,593,527 $2,749,500
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Personnel-Nonsalary
Last Year This Year
$ YTD thru May $3,988,902 $4,030,229
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
Sherriff Contract
Last Year This Year
$ YTD thru May $978,243 $267,018
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
Building Dept Services
Last Year This Year
$ YTD thru May $593,283 $345,201
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Legal Services
45 Monthly Financial Report

Page 8 of 13 ends

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $343,219 $1,439,674
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
Capital Expenses
Last Year This Year
$ YTD thru May $269,348 $0
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Transfers Out
Last Year This Year
$ YTD thru May $151,794 $153,288
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
$180,000
City Council
Last Year This Year
$ YTD thru May $694,747 $820,982
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
City Manager/City Clerk
Last Year This Year
$ YTD thru May $506,621 $580,791
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Insurance Coverage
Last Year This Year
$ YTD thru May $3,282,196 $3,791,473
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
Other Operating Expenses
46 Monthly Financial Report

Page 9 of 13 ends

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $593,283 $345,201
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Legal Services
Last Year This Year
$ YTD thru May $415,777 $446,422
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
Community Promotions
Last Year This Year
$ YTD thru May $39,558 $41,363
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
Memberships
Last Year This Year
$ YTD thru May $5,613,810 $5,856,000
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
Public Safety
Last Year This Year
$ YTD thru May $2,686,050 $2,532,931
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Community Development
Last Year This Year
$ YTD thru May $584,520 $842,091
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Field Services
47 Monthly Financial Report

Page 10 of 13 ends

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $97,727 $114,664
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
Sports Park
Last
Year
This
Year
$ YTD thru May $1,306,860 $1,664,175
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Parks & Recreation
Last Year This Year
$ YTD thru May $800,172 $894,502
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
Finance
Last Year This Year
$ YTD thru May $127,196 $131,557
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
Personnel
Last Year This Year
$ YTD thru May $963,329 $1,184,112
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
Facilities Maintenance
Last Year This Year
$ YTD thru May $309,681 $440,362
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
Information Technology
48 Monthly Financial Report

Page 11 of 13 ends

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2022-23 Year-to-Date Through May versus Prior Year
Last Year This Year
$ YTD thru May $546,185 $605,656
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Risk Management
Last Year This Year
$ YTD thru May $57,054 $73,002
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
Vehicle Replacement
49 Monthly Financial Report

Page 12 of 13 ends

CITY OF DUARTE
Total Revenue, Expenditures, Transfers, and Year-to-Date Surplus/(Deficit) by Fund FY 2022-23 Year-to-Date Through May
Fund # Fund Name
Beginning Fund
Balance Revenue Transfers In Expenditures Transfers Out Surplus /
(Deficit)
Ending Fund
Balance
100 General 28,094,578 21,691,969 0 17,949,459 0 3,742,510 31,837,088 220 Gas Tax 2,226,873 478,430 0 428,452 0 49,978 2,276,851 225 SB1/RMRA 842,601 366,702 0 24,500 53 342,149 1,184,750 240 Lghtng & Lndscpng 102,576 1,009,922 0 1,058,070 0 (48,148) 54,428 260 CDBG (1,763) 578,438 0 632,201 0 (53,763) (55,526)
270 PAEG 49,130 24,625 0 39,122 0 (14,497) 34,633
290 Supp Law Enfrcmnt 0 165,851 0 142,624 0 23,227 23,227 300 Bike & Ped Safety (53) 0 53 0 0 53 0
320 Air Quality (AQMD) 132,540 22,336 0 17,705 0 4,630 137,170 400 Park Development 0 5,148 0 27,284 0 (22,136) (22,136) 420 Quimby 67,648 770 0 0 0 770 68,418
440 Prop A 908,410 549,325 0 436,279 0 113,046 1,021,456 460 Prop C 227,250 449,527 0 356,557 0 92,969 320,219
470 Mea R 984,740 337,517 0 184,068 0 153,449 1,138,189 475 Mea M 667,984 343,697 0 0 0 343,697 1,011,681
490 Mea W 190,757 1,628 0 103,819 0 (102,190) 88,567
520 Town Cntr Debt Serv 109,632 71 0 75,515 0 (75,444) 34,188 521 Infra Mod Debt Srv 0 0 0 220,837 0 (220,837) (220,837) 610 Inclusionary Hsng 528,609 6,015 0 0 0 6,015 534,624 620 Community Impr 330,180 563,757 0 114,000 0 449,757 779,937 625 STPL 0 0 0 0 0 0 0
680 Housing Auth 2,000,389 62,003 0 22,148 0 39,856 2,040,245 681 Fmr RDA L/M Hsg 4,051,832 35,998 0 8,495 0 27,503 4,079,335 Total - All Funds 41,513,913 26,693,729 53 21,841,135 4,852,594 46,366,507 50 Monthly Financial Report

Page 13 of 13 ends

CITY OF DUARTE
Components of Fund Balance in the General Fund
as of 7/1/2022
Unassigned, $20.43
Assigned,
$2.54
Restricted,
$2.37
Nonspendable,
$2.75
$0
$5
$10
$15
$20
$25
$30
1 Millions
Total GF Fund Balance: $28.1 million
"Nonspendable" Fund Balance: $2.74 million: Consists of assets that are inherently unspendable in their current form. Nearly all of Duarte's $2.75 million in nonspendable assets consist of the book value of land held for resale.
"Restricted" Fund Balance: $2.37 million: Consists of amounts with externally enforceable legal restrictions on the use of the funds. Of the City's restricted funds, the largest portion - over $2.1 million -may only be used to enhance economic development within the Town Center Specific Plan area. "Assigned" Fund Balance: $2.54 million: Comprises amounts intended to be used for specific purposes, as determined by the City Council or by an official delegated by the City Council to make such an assignment.

These funds consist of General Fund monies made available by ARPA, and will be used on a range of councildesignated special projects. "Unassigned" Fund Balance: $20.43 million: This category of fund balance is generally synonymous with the City's discretionary General Fund reserves. These funds may be used for any legitimate governmental expense.
51 52
2 9. Vista Laguna Cir from Hacienda Dr to End St

10. San Marcus Ln from Hacienda Dr to End St

11. Sorrento Cir from Hacienda Dr to End St

12. Rancho Rd from Hacienda Dr to End St

13. Vista Mesa Ct from Rancho Rd to End St

14. Paseo Grande Cir from Rancho Rd to End St

15. Vista Verde Cir from Rancho Rd to End St

16. Greenbank Ave from Treefern Dr to Royal Oaks Dr

17. Freeborn St from Greenbank Ave to Mel Canyon Rd

18. Mel Canyon Rd from Freeborn St to Royal Oaks Dr

19. Fieldview Ave from Treefern Dr to Freeborn St

20. Treefern Dr from Greenbank Ave to End St

21. Bettyhill Ave from Treefern Dr to End St

22. Gardi St from Fieldview Ave to End St

23. Melcanyon Rd. from Royal Oaks Dr. to Brookridge Rd.

24. Opal Canyon Rd. from Melcanyon Rd. to Brookridge Rd.

25. Brookridge Rd. from Melcanyon Rd. to Tannen Crest Rd.

26. Bettyhill Ave. from Deerlane Dr. to End of Street

27. Deerlane Dr. from Greenbank Ave. to Melcanyon Rd.

FISCAL IMPACT
The Fiscal Year 2022-23 Street Rehabilitation Project was included in the 2022-23 Capital Improvement Program Budget and was funded by SB1 and Measure R allocations. City Council approved the contract for $794,222.00. The final project cost was $792,983.90.

RECOMMENDATION
It is recommended that the City Council accept the project as complete in the amount of $792,983.90.

ATTACHMENTS
Attachment A. Before and After Photos
Attachment B. Notice of Completion
53 3
ATTACHMENT “A”

BEFORE AFTER

54 4
ATTACHMENT “B”
(Please see next page)
55 RECORDING REQUESTED BY:

CITY OF DUARTE
WHEN RECORDED MAIL TO THIS ADDRESS:

CITY CLERK

CITY OF DUARTE
1600 Huntington Dr.

Duarte, CA 91010

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or AGENT of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The full name of the OWNER is: CITY OF DUARTE

3. The full address of the OWNER is: 1600 Huntington Dr. Duarte, CA 91010

4. The nature of the interest or estate of the undersigned is: (i.e., In Fee.) Fee Interest.

5. A work of improvement on the property hereinafter described was COMPLETED on Tuesday, June 28, 2023

6. The work of improvement completed is described as follows: FY 22-23 Street Rehabilitation Project

7. The name of the original contractor, if any, for such work of improvement is: All American Asphalt

8. The street address of said property is: Hacienda Dr, San Pablo Wy, Tocino Dr from San Pablo Wy to Cul-de-sac, Rancho Rd, Greenbank Ave from Royal Oaks Dr to Treefern Dr, Treefern Dr from Greenbank Ave to End, Freeborn from Greenbank Ave to Mel Canyon Rd, Gardi St from Fieldview St to End.

9. The property on which said work of improvement was completed is in the City of Duarte, County of LOS ANGELES, State of CALIFORNIA, and is described as follows: The scope of the work includes cold milling of asphalt concrete and resurfacing using rubberized asphalt, adjustment of existing utility covers, installing pavement markings and striping, constructing curb & gutter, ADA ramps and all appurtenant work.

CITY OF DUARTE
July 25, 2023
Signature of Owner or agent: Brian Villalobos, City Manager

VERIFICATION
I, the undersigned, declare under penalty of perjury under the laws of the State of California, that I am the City Manager of the City of Duarte of the aforesaid interest or estate in the property described in the above Notice, that I have read the said Notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

July 25, 2023 at Duarte, California
Brian Villalobos, City Manager
56 57
RESOLUTION NO. 23-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, ESTABLISHING THE DATE AND TIME OF REGULAR

CITY COUNCIL MEETINGS
WHEREAS, on October 11, 2005, the City Council adopted Ordinance No. 779 amending section 2.04.020 of the Duarte Municipal Code to provide that the date and time of regular City Council meetings shall be established by resolution of the City Council; and WHEREAS, the City Council desires to establish the dates of its regular meetings for calendar year 2023; and
WHEREAS, the City Council desires to set the time of each regular meeting to commence at 6:00 p.m. if the City Council is holding (a) one or more closed sessions as authorized by the Ralph M. Brown Act (Gov. Code § 54950 et seq.), and/or (b) one or more workshop sessions, and to commence all other agenda items at the later of (i) the conclusion of such closed sessions and/or workshop sessions, or (ii) 7:00 p.m.; and
WHEREAS, the City Council seeks to comply with the requirements of Government Code section 36805; and
WHEREAS, the City Council aspires to promote efficiency and eliminate governmental waste; and
WHEREAS, the City Council seeks to provide further transparency, notice, and access to Council meetings by the public.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated in full herein.

SECTION 2. The regular meetings of the City Council shall be held in accordance with the following calendar, unless otherwise provided by law:
58 July August SUN M T W TH F SAT SUN M T W TH F SAT
1 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 29 30 31
30 31

September October SUN M T W TH F SAT SUN M T W TH F SAT 1 2 1 2 3 4 5 6 7
3 4 5 6 7 8 9 8 9 10 11 12 13 14
10 11 12 13 14 15 16 15 16 17 18 19 20 21
17 18 19 20 21 22 23 22 23 24 25 26 27 28
24 25 26 27 28 29 30 29 30 31

November December SUN M T W TH F SAT SUN M T W TH F SAT 1 2 3 4 1 2
5 6 7 8 9 10 11 3 4 5 6 7 8 9
12 13 14 15 16 17 18 10 11 12 13 14 15 16
19 20 21 22 23 24 25 17 18 19 20 21 22 23
26 27 28 29 30 24 25 26 27 28 29 30
31 SECTION 3. The City Council may cancel a regularly scheduled meeting. Nothing herein shall (a) preclude the City Clerk from canceling a regular meeting, adjourned regular meeting, or special meeting should there not be a quorum present at such meeting, or (b) preclude the City Council from holding an adjourned regular meeting, special meeting, or emergency meeting pursuant to state law.

SECTION 4. The time of regular meetings of the City Council shall be as follows:
a. If there is scheduled on the agenda (a) one or more closed sessions of the City Council pursuant to the Ralph M. Brown Act (Gov. Code § 54950 et seq.), and/or (b) one or more workshop sessions, the regular meeting shall be scheduled to start at 6:00 p.m. with the closed sessions and/or workshop sessions held at that time and all other business to be heard commencing the later of (i) the conclusion of such closed sessions and/or workshop sessions, or (ii) 7:00 p.m. 59 b. If there are no closed sessions or workshop sessions scheduled on the agenda, the regular meeting shall be scheduled to start at 7:00 p.m.

SECTION 5. All actions required by applicable law to be taken by the City Council precedent to the adoptions of this Resolution have been taken in accordance with applicable law.

SECTION 6. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED and ADOPTED this 25th day of July 2023. _________________________________
Jody Schulz, Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk
60 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 23-20 was adopted by the City Council of said City of Duarte at a regular meeting of said City Council held on the 25th day of July 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Annette Juarez
City Clerk
61 62
RESOLUTION NO. 23-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, ADOPTING A HOLIDAY SCHEDULE FOR CITY
EMPLOYEES FOR JULY 2023 – JUNE 2024
WHEREAS, the City Council of the City of Duarte seeks to clarify the holidays observed by the City pursuant to Chapter 2.08 of the Duarte Municipal Code regarding holidays; and WHEREAS, the holidays listed in this Resolution are consistent with the agreed-upon paid holidays in the City’s Memorandum of Understanding with its employee union.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above Recitals are true and correct and are incorporated in full herein.

SECTION 2. The Holiday Schedule for full-time (F/T) and three-quarter time (3/4) City employees for July 2023 – June 2024 is hereby established.

Holiday Date Day
Independence Day July 4, 2023 Tuesday
Labor Day September 4, 2023 Monday
Thanksgiving Day November 23, 2023 Thursday
Day After
Thanksgiving Day November 24, 2023 Friday
Christmas Eve December 24, 2023 Sunday
Christmas Day December 25, 2023 Monday
New Year’s Eve December 31, 2023 Sunday
New Year’s Day January 1, 2024 Monday
Martin Luther King
Jr. Day January 15, 2024 Monday
Presidents’ Day February 19, 2024 Monday
Memorial Day May 27, 2024 Monday
SECTION 3. The above Holiday Schedule shall become effective immediately after adoption.

PASSED, APPROVED and ADOPTED this 25th day of July 2023. _________________________________
Jody Schulz, Mayor
63 APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 23-21 was adopted by the City Council of said City of Duarte at a regular meeting of said City Council held on the 25th day of July 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Annette Juarez
City Clerk
64 65
2 RECOMMENDATION
It is recommended that the City Council (1) hold a public hearing to receive public testimony; and (2) adopt Ordinance No. 919 amending Duarte Municipal Code chapter 2.08 regarding City holidays.

FISCAL IMPACT
None.

ATTACHMENTS

1. Ordinance No. 919: An Ordinance of the City Council of the City of Duarte, California, Amending Duarte Municipal Code Chapter 2.08 Regarding Holidays a. Exhibit A: Chapter 2.08
66 ORDINANCE NO. 919

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, AMENDING DUARTE MUNICIPAL CODE CHAPTER

2.08 REGARDING HOLIDAYS
WHEREAS, the City Council of the City of Duarte adopted Ordinance No. 919 establishing a code provision in the Duarte Municipal Code relating to holidays; and WHEREAS, state and federal laws have been amended to reflect social and cultural changes; and
WHEREAS, the City Council seeks to change the definition of designated holidays which require regular City meetings to be moved to the next business day and to provide the City with further flexibility in planning meetings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. Chapter 2.08 of the Duarte Municipal Code is deleted and replaced in its entirety as demonstrated in Exhibit A, attached hereto and incorporated herein.

SECTION 3. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code section 36933(c).

THE FOREGOING ORDINANCE IS PASSED, APPROVED, AND ADOPTED by a vote of no less than a majority of City Council at a regular meeting of the City Council of the City of Duarte held on the 22nd day of August 2023.
_______________________________
Jody Schulz, Mayor
Approved as to form:

Thai Viet Phan, City Attorney
Attest:

Annette Juarez, City Clerk
67 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 919 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 22nd day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
___________________________________
Annette Juarez
City Clerk
68 EXHIBIT A
Chapter 2.08 - HOLIDAYS
Sections:

2.08.010 - Holidays designated.

As respects the transaction of business in the public offices of the City, holidays shall be designated by resolution of the City Council.

2.08.020 - Public services not restricted.

Nothing in this chapter shall be construed to affect the right and obligation of the City to continue essential public services, including but not limited to police and fire protection.

2.08.030 - Substitute meetings.

If at any time any regular meeting of the City Council or the regular meeting of any other body of the City falls on a holiday, such regular meeting shall be:
(a) Held on a date set by the City Council or the body affected by the holiday; or (b) The next business day if such date is not set according to subsection (a). 69 70
2 RECOMMENDATION
It is recommended that City Council (1) discuss a decorum policy, and (2) adopt Resolution No. 23-22 approving a decorum policy for City Council meetings.

FISCAL IMPACT
None.

ATTACHMENTS
A. Resolution No. 23-22 Adopting City Council Decorum Policy B. Decorum Policy
71 RESOLUTION NO. 23-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, ADOPTING A DECORUM POLICY FOR CITY COUNCIL

MEETINGS
WHEREAS, the City Council of the City of Duarte must carry out the City’s business, which may sometimes involve topics that may bring out strong opinions, emotions, and opposition; and
WHEREAS, Government Code section 54957.9 allows the presiding officer of a City Council meeting, typically the Mayor, to clear the room of a meeting due to willful interruption of such meetings causing the conduct of such meeting to be infeasible; and WHEREAS, Penal Code section 403 makes any person willfully and intentionally impairing the conduct of a City Council meeting guilty of a misdemeanor; and WHEREAS, City of Duarte does not have a formally adopted City Council meeting decorum policy; and
WHEREAS, the residents, visitors, contractors, Councilmembers, and City staff who attend the City Council meeting deserve a collegial and collaborative working atmosphere to carry out the City’s business.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That above recitals are true and correct and incorporated in full herein.

SECTION 2. That the City Council Decorum Policy attached hereto as Exhibit A is incorporated in full herein.

SECTION 3. That the City Manager shall implement this resolution at the next regularly scheduled City Council meeting.

PASSED, APPROVED and ADOPTED this 25th day of July 2023. _________________________________
Jody Schulz, Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
72 ATTEST:
_______________________________
Annette Juarez
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 23-22 was adopted by the City Council of said City of Duarte at a regular meeting of said City Council held on the 25th day of July 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Annette Juarez
City Clerk
73 1

CITY OF DUARTE COUNCIL MEETING RULES OF DECORUM
Purpose.

The purpose of this Policy is to establish rules of decorum and procedures for City officials, Staff, and members of the public at all meetings of the City Council to ensure that the business of the City is attended to thoroughly and efficiently with opportunities for orderly public participation.

Rules of Decorum and Procedure.

1. Rules for City Councilmembers.

A. Decorum: Members of the City Council shall conduct themselves in an orderly, professional, and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the City Council shall maintain a polite, respectful, and courteous manner when addressing one another, the City Staff, and members of the public during City Council meetings. As a courtesy, Councilmembers will report upcoming absences or out of town trips to the City Clerk as soon as possible to assure that any necessary adjustments to the agenda may be made.

B. Role of the Presiding Officer: The Presiding Officer of the City Council, who shall be the Mayor, or in the Mayor’s absence the Mayor Pro Tem, or in both of their absence any other member designated by the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the Presiding Officer to ensure that the rules of decorum and procedures contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers, City Council and members of the public. The Presiding Officer may make and second motions when no other Councilmember does so.

The Presiding Officer shall serve as the parliamentarian and decide all questions of order under these rules. Any such decision shall be final unless overridden by a majority vote of the Councilmembers present and shall be binding and legally effective (even where clearly erroneous) for purposes of the matter under consideration.

C. Communications Between City Councilmembers at Meetings:
(1) Councilmembers wishing to speak should request the floor by being recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to address the City Council.
(2) No Councilmember shall speak again until all Councilmembers have had the opportunity to speak.
(3) Councilmembers shall remember that the purpose of the City Council 74 2
meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall limit their comments to the subject matter at hand.

Councilmembers should endeavor to express their views without engaging in unnecessarily lengthy debates.
(4) When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt, or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item.
(5) Communications between Councilmembers outside meetings is governed by the Brown Act.

D. Communication with Members of the Public Addressing the Council:
(1) On specific agenda items, Councilmembers may question any person addressing the City Council at the conclusion of that person’s testimony or all public testimony on that agenda item. A Councilmember wishing to ask questions of a member of the public should first be recognized by the Presiding officer.
(2) Councilmembers shall not engage the person addressing the City Council in a dialogue, but shall confine communication to a brief question and answer format conducted through the Presiding Officer.
(3) All Councilmember requests to speak shall be made to the Presiding Officer. (4) If a member of the public addresses the City Council on a matter that is not on the agenda (e.g., during public comment), the Brown Act does not allow Councilmembers to engage in discussions nor deliberation of the matter. A Councilmember may do the following: refer the matter to staff (or another source); ask for additional information or request a report back; or give a very limited factual response. If a Councilmember so wishes, the Councilmember may, during the Councilmember Comments portion of the meeting, request that the matter be placed on the next agenda or respond briefly to the item.
(5) The City Council may not prohibit public criticism of the policies, procedures, programs, or services of an agency or its acts or omissions. A speaker may not be stopped from speaking because either the Presiding Officer or members of the City Council disagree with the viewpoint being expressed.

E. Communication with Members of the Public Outside of the City Council Meeting:
(1) It shall be the policy of the City Council that inappropriate comments and behavior such as, but not limited to, verbal attacks, rudeness, threatening language, obscenities, vulgarities, and profanities directed at the 75 3
Councilmembers or City staff will not be tolerated and such Councilmember is not required to respond to such commentary or behavior as a part of their official duties and responsibilities. Such Councilmember or City staff may advise the member of the public that their comment(s) and/or behavior fall outside of the City’s policies for response by a Councilmember.
(2) When Councilmembers are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the position of the City Council as a whole. However, a Councilmember may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

2. Rules for City Staff.

A. Decorum: City staff shall not engage in dialogue with members of the public during City Council meetings and shall limit conversations between themselves as much as possible. City staff shall direct all comments and presentations to the City Council and/or Presiding Officer. When addressed by a City Councilmember, City staff shall respond in a polite, professional, and courteous manner. All requests to speak by members of the City staff shall be made to the Presiding Officer.

B. Role of the City Manager: The City Manager’s duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future City staff action and facilitating the orderly presentation of City staff reports.

C. Role of the City Clerk: The City Clerk or their deputy shall keep minutes of the open meeting, shall call and record roll call votes, and shall read ordinance titles and agenda items as requested by the Mayor.

3. Rules for Members of the Public.

A. Within the City Council Chambers:
(1) Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or repetitious, or abusive language, clapping, whistling, yelling, stamping of feet, or other acts which disturb, disrupt, impede, or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting.
76 4
(2) No person shall stand or sit in the aisles. No person shall block any doorways or other exits.
(3) Placards, signs, and posters may be brought into the City Council Chambers unless such objects disturb, disrupt, impede, or otherwise render the orderly conduct of the City Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a majority of the City Council, be moved to a different location or removed from the City Council chambers.
(4) Packages, bundles, suitcases or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer, be brought into the City Council chambers and are subject to a search to determine that it does not pose a threat or as otherwise requested by the Sergeant at Arms. (5) Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the City Council chambers. (6) Photographs, audiotapes, and videotapes may be taken from the rear of the City Council chambers or from any seat within the City Council chambers, so long as such activity does not disrupt and disturb the audience, public speakers and Councilmembers and interfere with the orderly conduct of the meeting. When a filming area has been designated by the City Council, filming shall occur in that area only.
(7) Within the City Council chambers, all cell phone and pager ringers shall be turned off, no talking on cell phones is allowed, and all electronic equipment shall be operated in a manner which does not emit sound or disturb other members of public or disrupt the orderly conduct of the meeting. (8) The Sergeant at Arms is authorized to enforce these rules.

B. Noise in the Lobby: Noise emanating from the lobby outside the City Council chambers which is audible within the City Council chambers shall not be permitted.

The Sergeant at Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area.

C. Persons Addressing the City Council:
(1) Members of the public may address the City Council during the Public Comment Period(s) or prior to the consideration of any agenda item. Any person wishing to speak, whether during the Public Comment Period or on an agenda item, is requested to complete a “Speaker Request Form” and submit the form to the City Clerk prior to the calling to order of the meeting or as soon as possible thereafter. A person who speaks on an item during Public Comment may not make the same comment again at the time the agenda item is heard. All those speaking shall do so from the podium. 77 5
(2) No person shall address the City Council without first being recognized by the Presiding Officer. The person shall respond when their name is called from the speaker slip, shall go to the podium, or shall raise their hand to indicate that they wish to go to the podium to speak. Impromptu personal points of order, comments, objections, or questions shall not be recognized, and if they persist, after the Presiding Officer has warned of the offense, a member of the public engaging in such conduct shall, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from the meeting.
(3) The purpose of addressing the City Council is to formally communicate to the City Council on issues within the subject matter jurisdiction of the City.

Persons addressing the City Council on an agenda item shall confine the subject matter of their remarks to the particular matter before the City Council.
(4) Each person addressing the City Council shall do so in an orderly manner and shall not engage in any conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Any person who so disrupts the City Council meeting may, after warning by the Presiding officer, and at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. (5) Persons addressing the City Council shall address the City Council as a whole and shall not engage in a dialogue with individual Councilmembers, City staff, or with other members of the audience.
(6) Members of the public have the right to address the City Council at any regular meeting on any subject that is within the City Council’s subject matter jurisdiction and, at a special meeting or workshop, any subject agendized for that special meeting or workshop. The Presiding Officer may prohibit a member of the public from speaking on a matter not within the City Council’s subject matter jurisdiction, such as campaigning and electioneering.
(7) Members of the public addressing the City Council shall have three (3) minutes to speak. The City Council may, by majority vote, alter these time limits. Members of the public should refrain from unduly repetitious comments. This rule shall not apply to the proponents at public hearings. (8) Members of the public addressing the City Council have the right to request a spokesperson be chosen for a group and/or limit the number of such persons addressing the City Council whenever a group of persons wishes to address the City Council on the same subject matter. No member of the public made cede their time to speak to another. However, when a speaker represents a large group, they should so indicate and request additional time to speak from the Presiding Officer.
78 6
(9) Any public requests for City staff comments shall be made to the Presiding Officer, who may then direct such inquiries to the City Manager, City Attorney, or other City staff as appropriate.
(10) No person except City officials shall be permitted within the area between the City Council dais and speaker podium without the prior consent of the Presiding Officer or City Manager.
(11) When a question is addressed to a specific Councilmember by a member of the public, that question must go through the Presiding Officer. The Presiding Officer may respond or may pause to allow another City Councilmember to ask to be recognized. If no other Councilmember does so, the Presiding Officer shall move on to the next item.

4. Enforcement of Rules.

A. Sergeant at Arms: The City Manager or the Director of Public Safety shall designate a Sergeant at Arms of the City Council. The Sergeant at Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the City Council chambers. The Sergeant at Arms shall enforce the rules of decorum or eject any person(s) from the City Council chambers or place the person(s) under arrest or both, upon the direction of the Presiding Officer, or upon their own discretion, as applicable.

B. Violations: Upon a violation of the rules of decorum established herein, the procedure to enforce the rules is as follows:
(1) Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating these rules, the Presiding Officer shall order a recess. The Sergeant at Arms is authorized to warn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer shall order another recess, whereupon the Sergeant at Arms shall have the authority to order the person ejected from the meeting and/or cited in violation of Penal Code Section 403. (2) Motion to Enforce: Any Councilmember may call a point of order should the City Council fail to abide by the provisions of this Policy, whereupon the City Council shall immediately act upon the point of order by a roll call vote. If the Presiding Officer of the City Council fails to enforce the rules of decorum set forth herein, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the Councilmembers present shall require the Presiding Officer to do so.

If the Presiding Officer fails to carry out the will of the majority of the Councilmembers present, the majority may designate another member of the City Council to act as Presiding Officer for the remainder of the meeting, 79 7
for the limited purpose of enforcing the rules of decorum established herein. (3) Clearing the Room: Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the Councilmembers present, the meeting room may be ordered cleared and the meeting shall continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Section 54957.9.
(4) Violation of the California Penal Code: A person or persons who willfully and intentionally impair or impede the conduct of a City Council meeting by violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor.

5. Interpretation and Applicability.

The rules of decorum and procedures set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the City Council to technically comply with, observe, or otherwise follow such rules. The rules of decorum and proceduresset forth herein shall apply to the Planning Commission and other City boards and commissions subject to the Brown Act and shall apply to the City Council chambers or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and state law or regulation, state law or regulation shall apply.
80 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
Agenda Item 10B
81 Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 82 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
83 CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.
84 Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 85 86 2
public right of way from west city limit to east city limit. Such features include roadway centerlines, roadway dimensions, sidewalk limits and locations of existing street medians.

At the request of staff, RKA Consulting Group prepared a proposal to provide the abovementioned services. RKA is currently the firm that provides Professional Engineering Services to the City and they have extensive knowledge of the City’s needs for a project like this. RKA has a strong background in providing similar preliminary design services and they will partner with a survey firm to complete this project.

While this project is a form of extension of RKA’s services, it does fall outside of their regular annual contract tasks and consequently, staff recommends having a separate agreement with RKA to complete this special project.

The proposed cost for all tasks and deliverables is $42,500 and a 15% contingency is proposed for possible unforeseen issues bringing the total to $50,000. The project is budgeted in the 2023-2024 budget.

RECOMMENDATION
It is recommended that the City Council: 1) authorize the City Manager to sign a Professional Services Agreement with RKA Consultants for the Huntington Drive Aerial Survey and Utility Research in the amount of $50,000.00.

FISCAL IMPACT
This project was included in the adopted FY 2023-24 budget and will be funded with gas tax.

ATTACHMENTS
Professional Services Agreement with RKA Consulting Group and Proposal 87 2671/012225-0101
18679307.4 a06/13/23

CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of July 25, 2023 (“Effective Date”), by and between the City of Duarte (“City”), and RKA Consulting Group, (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

1. RECITALS
The City wishes to engage the services of Consultant to provide professional engineering services for the aerial survey, utility research and basemap preparation for Huntington Drive from west city limit to east city limit as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

2. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until June 30, 2024, or until the tasks listed in the Scope of Services are completed, whichever is later, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended upon execution of a written amendment between the Parties.

3. SERVICES AND PERFORMANCE
A. In compliance with all terms and conditions of this Agreement, Consultant shall provide services more particularly described in the “Scope of Services,” which is attached hereto and incorporated herein by this reference as Exhibit A. The services may be referred to herein as the “Services” or “Work.” In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.

B. As a material inducement to City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first-class work and services, and Consultant is experienced in performing the type of work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant represents that the Services will be performed by Consultant or under its direct supervision, and that all personnel engaged in such Work shall be fully qualified and shall be authorized and permitted under applicable Federal, State, and local law to perform such Work. Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Services and as required by law
C. The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, without the prior written approval of City, which may be given or withheld at City’s sole and 88 2671/012225-0101
18679307.4 a06/13/23 -2-
absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the Services required hereunder; or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) any or all of this Agreement.

D. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement prior to the commencement of Services. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend, and hold harmless City and its elected and appointed officials, boards, members, officers, agents, representatives, employees, and volunteers (“City Personnel”) against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City related to the Services.

E. Consultant shall provide all Services rendered hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State, or local governmental agency having jurisdiction in effect at the time Service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though they were included.

F. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including, but not limited to, equipment, devices, processes, and software programs, used or incorporated in the Services or Work performed by Consultant under this Agreement.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

G. Consultant shall not subcontract the performance of any of the Services without the prior written approval of City.

H. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (California Labor.

Code section 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “public works” (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code section 1781, as the same may be amended from time to time, and/or any other similar law.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from and against any liability, loss, damage, cost, or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, State, and/or Federal law, including, without limitation, any applicable Federal and/or State labor laws (including, without limitation, the requirement to pay State prevailing wages and hire apprentices); (ii) the implementation of California Labor Code section 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing 89 2671/012225-0101
18679307.4 a06/13/23 -3-
the Services on Consultant’s behalf to provide any required disclosure or identification as required by California Labor Code section 1781, as the same may be amended from time to time, or any other similar law.

4. MANAGEMENT
City’s Community Development Director or their designee shall represent City in all matters pursuant to the administration of this Agreement and review the Services performed by Consultant. The City Manager shall have the authority, subject to the limitations set forth in Paragraph 5, to enlarge the Scope of Services or increase the compensation due to Consultant.

Consultant’s official representative in the administration of this Agreement shall be Anna Armstrong, who shall have the authority to make all decisions for Consultant and bind Consultant to the terms of this Agreement.

5. COMPENSATION
A. City agrees to pay Consultant an amount not to exceed $50,000, based on the Scope of Services set forth in Exhibit A. The proposal (Exhibit A) provides for 1) Utility As-built research and Coordination, 2) Aerial Topographic Survey, and 3) Composit Utility for a cost of $42,500. With written approval from the City, a contingency may be added to the maximum contract amount if there are unforeseen issues that require additional work.

B. Consultant shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance, and in writing, by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given. Unless otherwise agreed to by the Parties in writing, all provisions in this Agreement applicable to Consultant’s performance of the Services shall also apply to any additional services.

C. Consultant shall be paid monthly and shall submit monthly invoices/reports to City, within ten (10) days following the end of each month, showing actual Services performed. Invoices shall include billings for all charges, including authorized direct costs incurred by Consultant during the month covered by the invoice. Consultant shall be paid on the next regular Council warrant after all required paperwork is submitted. If City disputes whether Consultant has earned its fee or any portion, City shall give written notice to Consultant within thirty (30) days of receipt of Consultant’s monthly invoice/report stating the basis for such dispute.

6. SUSPENSION OR TERMINATION OF AGREEMENT
A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving written notice upon Consultant. Upon receipt of said notice, Consultant shall immediately cease all Work under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this subparagraph (A), Consultant shall submit a final invoice/report to City pursuant to Paragraph 4, and City shall be entitled to receive a return of the fee paid to Consultant, or portion thereof, if the reason for the termination is failure by Consultant to have timely performed the Services set forth in Exhibit A. In City’s sole and absolute discretion, prior to effecting a suspension or termination 90 2671/012225-0101
18679307.4 a06/13/23 -4-
pursuant to this subparagraph (A), City may first serve upon Consultant a written notice of the default specifying the default and the amount of time that Consultant shall have to cure, correct, or remedy the default. If Consultant fails to cure the default within the specified period of time, City shall have the right to immediately terminate this Agreement pursuant to this subparagraph (A). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this subparagraph (A) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Consultant may terminate this Agreement only due to a material breach by City, and only upon not less than thirty (30) days’ prior written notice to City which notice shall specify the material default. Upon receipt of such notice, City may, but shall not be obligated to, effect to remedy such default, which remedy will cause the notice of termination to no longer apply, and this Agreement to continue in effect.

7. RECORDS AND OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to produce an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement (“Work Product”) shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. Consultant shall provide such items to City promptly upon completion of this Agreement. City acknowledges that such Work Product is not intended or represented to be suitable for use unless completed by Consultant, or for use or reuse by City or others on extensions of the Services or Work under this Agreement, or for any other use or purpose, without written verification or adaptation by Consultant. Any such use, reuse, or any modification of the Work Product, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants.

C. Any information gained by Consultant in the performance of this Agreement shall be considered confidential and such information and the reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly or to any other client of Consultant without the prior written approval of the City Manager.
91 2671/012225-0101
18679307.4 a06/13/23 -5-

8. INDEMNIFICATION
A. To the fullest extent permitted by law, except as set forth in subparagraph (B), Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold harmless City and City Personnel from and against any and all claims, actions, suits, claims, demands, judgments, attorneys’ fees, costs, damages, losses, penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of, or pertaining to, Consultant’s negligence, recklessness, or willful misconduct, whether or not there is concurrent active or passive negligence on the part of City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorneys’ fees incurred in connection therewith. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the Work being performed or Services being provided under this Agreement, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorneys’ fees and expert witness fees. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost requirement owed to City.

B. The provisions of this subparagraph (B) apply only if Consultant is a “design professional” within the meaning of California Civil Code section 2782.8(c). If Consultant is a “design professional,” within the meaning of Section 2782.8(c), then notwithstanding subparagraph (A), to the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel acceptable to City), indemnify, and hold harmless City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant’s performance of any task or Service for or on behalf of City under this Agreement.

Such obligations to defend, hold harmless, and indemnify City or any City Personnel, shall not apply to the extent that such Claims are caused, in part, by the sole negligence or willful misconduct of City or City Personnel. Consultant’s cost to defend City and/or City Personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to California Civil Code section 2782.8(a), in the event that one or more of the defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City Personnel under this subparagraph (B), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct. 92 2671/012225-0101
18679307.4 a06/13/23 -6-
C. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts, errors, omissions, or willful misconduct, in performing or failing to perform Consultant’s obligations under this Agreement. City in its sole and absolute discretion, may withhold any payment due to Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or withhold shall not act as a waiver of Consultant’s obligation to pay City any sums Consultant owes City.

9. INSURANCE
Without limiting Consultant’s indemnification obligations of City as set forth in this Agreement, and prior to the commencement of Work, Consultant shall obtain, provide, and maintain, at its own expense, during the entire term of this Agreement including any extension thereof, policies of insurance of the type and amounts described in Exhibit B and in a form satisfactory to City.

A. No Work or Services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance evidencing the required insurance coverages and said Certificates of Insurance are reasonably approved by City. Certificates are to reflect that the insurer will provide thirty (30) days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or canceled for any reason, Consultant shall, prior to the cancellation date, submit new evidence of insurance.

B. The provisions of any workers’ compensation or similar law will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

C. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve City.

D. The City’s Director of Administrative Services shall have the authority to adjust or amend the insurance requirements in Exhibit B of this Agreement so long as such amendment or adjustment is agreed to in writing by the Parties.

10. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, officials, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, 93 2671/012225-0101
18679307.4 a06/13/23 -7-
employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.

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

11. NO UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Consultant further warrants that it has not employed or retained any company or person other than a bona fide employee working for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Services performed under this Agreement.

13. COVENANT AGAINST DISCRIMINATION
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, gender, gender identity, gender expression, physical or mental disability, age, military status, marital or familial status, sexual orientation, national origin, or ancestry.

14. NONLIABILITY OF CITY OFFICERS AND EMPLOYEES
94 2671/012225-0101
18679307.4 a06/13/23 -8-
No City Personnel shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

15. NOTICES
Any notices which either Party may desire to give or may be required to give to the other Party under this Agreement must be in writing and may be given either by (a) personal service; (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery; (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice; or (d) e-mailing the notice to the e-mail addresses as set forth below:

If to City: City of Duarte
Craig Hensley, Community Development Director
1600 Huntington Drive
Duarte, California 91010
If to Consultant: RKA Consulting Group
Attn: Cody Howing
398 Lemon Creek Drive Suite E
Walnut, CA 91789

16. GOVERNING LAW; ATTORNEYS’ FEES; LITIGATION MATTERS
The internal laws of the State of California, without regard to principles of conflicts of laws, shall govern the interpretation of this Agreement. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Consultant be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the Parties concerning this Agreement. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

17. RIGHTS AND REMEDIES ARE CUMULATIVE; WAIVER
A. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same 95 2671/012225-0101
18679307.4 a06/13/23 -9-
or different times, of any other rights or remedies for the same default or any other default by the other Party.

B. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. SEVERABILITY
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to give effect to the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be performed as originally contemplated to the greatest extent possible.

19. INTERPRETATION; ENTIRE AGREEMENT
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to the obligations of the Parties described in this Agreement, are merged into this Agreement and shall be of no further force or effect.

20. CONFLICTS OF INTEREST
Consultant represents, warrants, and covenants that he, she, or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (California Government Code section 87100 et seq.), City may determine Consultant to be a “consultant” as that term is defined by the Political Reform Act. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City. 96 2671/012225-0101
18679307.4 a06/13/23 -10-

21. NO THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

22. PARAGRAPH HEADINGS AND SUBHEADINGS
The paragraph headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

23. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

24. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the Parties represent and warrant that (i) such Party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

25. CITY MANAGER AUTHORITY
City’s City Manager shall have the authority to make non-material changes, non-material amendments, or clerical edits to this Agreement on behalf of the City. [Signatures on following page.]
97 98
2671/012225-0101
18679307.4 a06/13/23

EXHIBIT A
Scope of Services
99 PAGE 1 CITY OF DUARTE

PROFESSIONAL ENGINEERING SERVICES
MAINTENANCE AREA 2 SLURRY SEAL PROJECT
June 26, 2023
Stephanie Sandoval
Public Works Manager
City of Duarte
1600 Huntington Drive
Duarte, CA 91010
RE:  PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES;
HUNTINGTON DRIVE SURVEY AND UTILITY RESEARCH
Dear Ms. Sandoval:

RKA  Consulting  Group  is  pleased  to  submit  to  you  this  proposal  to  provide  engineering, services  for  the  above  noted  project.    It  is  understood  that  the  City  of  Duarte  wishes  to develop  an  inventory  of  existing  utilities  along  Huntington  Drive  for  the  purpose  of supporting various potential improvements along the corridor.

RKA proposes to provide the following services:

Task 1—Utility As-built Research & Coordination

Coordinate  with  utility  agencies  to  obtain  as‐builts,  identify  any  future  utility  work  that needs to be completed prior to future design of construction project, and inform the utility agencies  of  planned  moratoriums.    RKA  will  track  utility  responses  and  manage  all documents that are provided from this phase.  A full inventory of these documents will be furnished to the City along with a master map of all the utilities that are present in the area.

Task 2— Aerial Topographic Survey

RKA  will  partner  with  Kelsoe  and  Associates  to  develop  a  topographical  survey  utilizing aerial data gathered along Huntington Drive.  The limits of the survey will be from the west City  limit  to  the  east  City  limit  and  will  encapsulate  features  in  the  public  right  of  way.

Inclusive of  this process will be  the establishment of  the  roadway centerlines and  right of way limits.  In areas with heavy tree canopy cover, those features will be noted but ground level information may be omitted due to the obscured view from the sky.

100
PAGE 2 CITY OF DUARTE

PROFESSIONAL ENGINEERING SERVICES
MAINTENANCE AREA 2 SLURRY SEAL PROJECT
Task 3— Composite Utility Map

Based on information obtained from tasks one and two, RKA will prepare a composite utility map  in  AUTOCAD  for  the  purpose  of  the  City’s  future  uses.    Based  on  the  approximate length  of  Hunting  Drive  within  the  limits  of  the  City  jurisdiction  of  roughly  2.5  miles,  it’s anticipated that the composite utility map will be 5 sheets of 24”X36” format plan at 1”=40’ scale.  In addition to the map layout the master CAD file will also be furnished to the City.

RKA  proposes  to  provide  the  above  described  services  on  a  time  and  materials,  not  to exceed fee of $50,000.00

1.    Utility As‐Built Research & Coordination   $  3,000.00

2.    Aerial Topographical Survey    27,000.00

3.    Composite Utility Map  $  12,500.00
TOTAL  $  42,500.00
If you should have any questions regarding this proposal, please feel free to contact me at (909) 594‐9702 or by email at [email protected].

Sincerely,
Michael Lee
Engineering Manager
101
2671/012225-0101
18679307.4 a06/13/23

EXHIBIT B
Insurance Requirements
A. Insurance Required
(1) Commercial General Liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(2) Automobile Insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers’ Compensation Insurance providing statutory benefits as required by California law.
(4) Employer’s Liability Insurance with limits in an amount not less than $1,000,000.
(5) Professional Liability or Errors and Omissions Insurance designed to protect against acts, errors, or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

B. All insurance policies required hereunder, except the workers’ compensation insurance, shall comply with the following requirements:
(1) All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best’s rating of A- or better and a minimum financial size VII in accordance with the latest edition of Best’s Key Rating Guide. (2) The policies shall be endorsed to name City and its officers, officials, employees, agents, and volunteers as additional insureds. (3) All of Consultant’s insurance: (i) shall contain no special limitations on the scope of protection afforded to the additional insureds; (ii) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Consultant’s insurance and shall not contribute with it; (iii) shall be “occurrence” rather than “claims made” insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall prohibit Consultant from waiving the right of subrogation prior to a loss except for professional liability; 102
2671/012225-0101
18679307.4 a06/13/23 -2-
and (vi) shall not 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. (4) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days’ advance written notice of such change.

C. Consultant shall renew the required coverage annually as long as City or its employees or agents face an exposure from Consultant’s operations pursuant to this Agreement.

Termination of this obligation shall survive the termination or expiration of this Agreement and shall not be effective until City executes a written statement to that effect. 103
104
2 Median Island Master Plan – City of Arcadia. In addition to the master plan, the firm has designed several local median upgrades.

Washington Blvd. Median Improvements – City of Montebello. This project was a median upgrade along a primary commercial corridor from Bluff Street to the west City Limit.

Atherton Street, Willow Street and Long Beach Blvd. Median Upgrades – City of Long Beach. This project included median and pedestrian upgrades Armstrong & Walker is made up of the team of Anna Armstrong and Richard Walker and have over 30 years of landscape architecture experience. Staff has met with the Armstrong & Walker team and feel that they are uniquely qualified to complete the project. The Architerra and Armstrong & Walker proposals were evaluated by Staff and while both are qualified, Staff feels that Armstrong & Walker is the appropriate choice for this project. While cost is not the deciding factor in selecting a professional services consultant, the Armstrong & Walker proposal was a lower cost than the original proposal received for this project.

The proposed design fee provides for final design development for median upgrade plans, analysis of the current Huntington Drive Street Tree policy, construction documents, assistance in the bid process and construction administration. For both Phase 1 and Phase 2 plus reimbursables, the proposed cost is $69,000. An approximately 10% contingency is proposed for possible unforeseen issues bringing to total to $75,000. The plans will be developed so that the City will have the choice of completing the improvements in two or more phases or as one comprehensive project.

This contract is contingent on the City providing an aerial survey and CAD drawings for the medians. This contract for this task is on the current agenda and if approved, will be underway soon. When the CAD drawing are complete, the estimated timetable for design development is approximately four months. The subsequent bid process will take two to three months.

The contract includes presenting a preliminary median plan to the entire Council at a meeting and then, after taking input, developing a bid set of plans. Armstrong & Walker will also assist the City Staff in monitoring the project during construction to ensure quality.

RECOMMENDATION
It is recommended that the City Council: 1) authorize the City Manager to sign a professional services agreement with Armstrong & Walker to develop construction drawings for landscape upgrades to the Huntington Drive medians; and 2) approve a budget amendment for $75,000.

FISCAL IMPACT
This project will require a budget amendment of $75,000 to account number 1405-7965, to be funded by the General Fund – Designation for Special Projects.

ATTACHMENTS
Proposed Professional Services Agreement with attached proposal. 105
2671/012225-0101
18679307.4 a06/13/23

CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of August 1, 2023 (“Effective Date”), by and between the City of Duarte (“City”), and Armstrong & Walker, (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

1. RECITALS
The City wishes to engage the services of Consultant to provide landscape design services for the Huntington Drive median renovation/redesign including developing a concept for medians, completion of construction drawings and construction observation as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

2. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until July 15, 2024, or until the tasks listed in the Scope of Services are completed, whichever is later, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended upon execution of a written amendment between the Parties.

3. SERVICES AND PERFORMANCE
A. In compliance with all terms and conditions of this Agreement, Consultant shall provide services more particularly described in the “Scope of Services,” which is attached hereto and incorporated herein by this reference as Exhibit A. The services may be referred to herein as the “Services” or “Work.” In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.

B. As a material inducement to City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first-class work and services, and Consultant is experienced in performing the type of work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant represents that the Services will be performed by Consultant or under its direct supervision, and that all personnel engaged in such Work shall be fully qualified and shall be authorized and permitted under applicable Federal, State, and local law to perform such Work. Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Services and as required by law
C. The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, 106
2671/012225-0101
18679307.4 a06/13/23 -2-
without the prior written approval of City, which may be given or withheld at City’s sole and absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the Services required hereunder; or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) any or all of this Agreement.

D. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement prior to the commencement of Services. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend, and hold harmless City and its elected and appointed officials, boards, members, officers, agents, representatives, employees, and volunteers (“City Personnel”) against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City related to the Services.

E. Consultant shall provide all Services rendered hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State, or local governmental agency having jurisdiction in effect at the time Service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though they were included.

F. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including, but not limited to, equipment, devices, processes, and software programs, used or incorporated in the Services or Work performed by Consultant under this Agreement.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

G. Consultant shall not subcontract the performance of any of the Services without the prior written approval of City.

H. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (California Labor.

Code section 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “public works” (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code section 1781, as the same may be amended from time to time, and/or any other similar law.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from and against any liability, loss, damage, cost, or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, State, and/or Federal law, including, without limitation, any applicable Federal and/or State labor laws (including, without limitation, the requirement to pay State prevailing wages and hire apprentices); (ii) the implementation of California Labor Code section 1781, as the same may be amended from 107
2671/012225-0101
18679307.4 a06/13/23 -3-
time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services on Consultant’s behalf to provide any required disclosure or identification as required by California Labor Code section 1781, as the same may be amended from time to time, or any other similar law.

4. MANAGEMENT
City’s Community Development Director shall represent City in all matters pursuant to the administration of this Agreement and review the Services performed by Consultant. The City Manager shall have the authority, subject to the limitations set forth in Paragraph 5, to enlarge the Scope of Services or increase the compensation due to Consultant. Consultant’s official representative in the administration of this Agreement shall be Anna Armstrong, who shall have the authority to make all decisions for Consultant and bind Consultant to the terms of this Agreement.

5. COMPENSATION
A. City agrees to pay Consultant an amount not to exceed $75,000, based on the Scope of Services set forth in Exhibit A. The proposal (Exhibit A) provides for landscape architecture services and a consulting arborist for a cost of $69,000. With written approval from the City, a contingency may be added to the maximum contract amount if there are unforeseen issues that require additional work.

B. Consultant shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance, and in writing, by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given. Unless otherwise agreed to by the Parties in writing, all provisions in this Agreement applicable to Consultant’s performance of the Services shall also apply to any additional services.

C. Consultant shall be paid monthly and shall submit monthly invoices/reports to City, within ten (10) days following the end of each month, showing actual Services performed. Invoices shall include billings for all charges, including authorized direct costs incurred by Consultant during the month covered by the invoice. Consultant shall be paid on the next regular Council warrant after all required paperwork is submitted. If City disputes whether Consultant has earned its fee or any portion, City shall give written notice to Consultant within thirty (30) days of receipt of Consultant’s monthly invoice/report stating the basis for such dispute.

6. SUSPENSION OR TERMINATION OF AGREEMENT
A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving written notice upon Consultant. Upon receipt of said notice, Consultant shall immediately cease all Work under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this subparagraph (A), Consultant shall submit a final invoice/report to City pursuant to Paragraph 4, and City shall be entitled to receive a return of the fee paid to Consultant, or portion thereof, if the reason for the termination is failure by Consultant to have timely performed the Services set forth 108
2671/012225-0101
18679307.4 a06/13/23 -4-
in Exhibit A. In City’s sole and absolute discretion, prior to effecting a suspension or termination pursuant to this subparagraph (A), City may first serve upon Consultant a written notice of the default specifying the default and the amount of time that Consultant shall have to cure, correct, or remedy the default. If Consultant fails to cure the default within the specified period of time, City shall have the right to immediately terminate this Agreement pursuant to this subparagraph (A). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this subparagraph (A) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Consultant may terminate this Agreement only due to a material breach by City, and only upon not less than thirty (30) days’ prior written notice to City which notice shall specify the material default. Upon receipt of such notice, City may, but shall not be obligated to, effect to remedy such default, which remedy will cause the notice of termination to no longer apply, and this Agreement to continue in effect.

7. RECORDS AND OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to produce an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement (“Work Product”) shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. Consultant shall provide such items to City promptly upon completion of this Agreement. City acknowledges that such Work Product is not intended or represented to be suitable for use unless completed by Consultant, or for use or reuse by City or others on extensions of the Services or Work under this Agreement, or for any other use or purpose, without written verification or adaptation by Consultant. Any such use, reuse, or any modification of the Work Product, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants.

C. Any information gained by Consultant in the performance of this Agreement shall be considered confidential and such information and the reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not 109
2671/012225-0101
18679307.4 a06/13/23 -5-
be released publicly or to any other client of Consultant without the prior written approval of the City Manager.

8. INDEMNIFICATION
A. To the fullest extent permitted by law, except as set forth in subparagraph (B), Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold harmless City and City Personnel from and against any and all claims, actions, suits, claims, demands, judgments, attorneys’ fees, costs, damages, losses, penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of, or pertaining to, Consultant’s negligence, recklessness, or willful misconduct, whether or not there is concurrent active or passive negligence on the part of City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorneys’ fees incurred in connection therewith. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the Work being performed or Services being provided under this Agreement, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorneys’ fees and expert witness fees. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost requirement owed to City.

B. The provisions of this subparagraph (B) apply only if Consultant is a “design professional” within the meaning of California Civil Code section 2782.8(c). If Consultant is a “design professional,” within the meaning of Section 2782.8(c), then notwithstanding subparagraph (A), to the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel acceptable to City), indemnify, and hold harmless City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant’s performance of any task or Service for or on behalf of City under this Agreement.

Such obligations to defend, hold harmless, and indemnify City or any City Personnel, shall not apply to the extent that such Claims are caused, in part, by the sole negligence or willful misconduct of City or City Personnel. Consultant’s cost to defend City and/or City Personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to California Civil Code section 2782.8(a), in the event that one or more of the defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City 110
2671/012225-0101
18679307.4 a06/13/23 -6-
or any City Personnel under this subparagraph (B), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

C. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts, errors, omissions, or willful misconduct, in performing or failing to perform Consultant’s obligations under this Agreement. City in its sole and absolute discretion, may withhold any payment due to Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or withhold shall not act as a waiver of Consultant’s obligation to pay City any sums Consultant owes City.

9. INSURANCE
Without limiting Consultant’s indemnification obligations of City as set forth in this Agreement, and prior to the commencement of Work, Consultant shall obtain, provide, and maintain, at its own expense, during the entire term of this Agreement including any extension thereof, policies of insurance of the type and amounts described in Exhibit B and in a form satisfactory to City.

A. No Work or Services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance evidencing the required insurance coverages and said Certificates of Insurance are reasonably approved by City. Certificates are to reflect that the insurer will provide thirty (30) days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or canceled for any reason, Consultant shall, prior to the cancellation date, submit new evidence of insurance.

B. The provisions of any workers’ compensation or similar law will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

C. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve City.

D. The City’s Director of Administrative Services shall have the authority to adjust or amend the insurance requirements in Exhibit B of this Agreement so long as such amendment or adjustment is agreed to in writing by the Parties.

10. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its 111
2671/012225-0101
18679307.4 a06/13/23 -7-
officers, officials, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.

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

11. NO UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Consultant further warrants that it has not employed or retained any company or person other than a bona fide employee working for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Services performed under this Agreement.

13. COVENANT AGAINST DISCRIMINATION
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, gender, gender identity, gender expression, physical or mental disability, age, military status, marital or familial status, sexual orientation, national origin, or ancestry. 112
2671/012225-0101
18679307.4 a06/13/23 -8-

14. NONLIABILITY OF CITY OFFICERS AND EMPLOYEES
No City Personnel shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

15. NOTICES
Any notices which either Party may desire to give or may be required to give to the other Party under this Agreement must be in writing and may be given either by (a) personal service; (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery; (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice; or (d) e-mailing the notice to the e-mail addresses as set forth below:

If to City: City of Duarte
Craig Hensley, Community Development Director
1600 Huntington Drive
Duarte, California 91010
If to Consultant: Armstrong & Walker, Landscape Architecture Attn: Anna Armstrong
280 Mel Canyon Road
Duarte, CA 91010

16. GOVERNING LAW; ATTORNEYS’ FEES; LITIGATION MATTERS
The internal laws of the State of California, without regard to principles of conflicts of laws, shall govern the interpretation of this Agreement. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Consultant be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the Parties concerning this Agreement. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

17. RIGHTS AND REMEDIES ARE CUMULATIVE; WAIVER
A. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same 113
2671/012225-0101
18679307.4 a06/13/23 -9-
or different times, of any other rights or remedies for the same default or any other default by the other Party.

B. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. SEVERABILITY
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to give effect to the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be performed as originally contemplated to the greatest extent possible.

19. INTERPRETATION; ENTIRE AGREEMENT
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to the obligations of the Parties described in this Agreement, are merged into this Agreement and shall be of no further force or effect.

20. CONFLICTS OF INTEREST
Consultant represents, warrants, and covenants that he, she, or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (California Government Code section 87100 et seq.), City may determine Consultant to be a “consultant” as that term is defined by the Political Reform Act. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City. 114
2671/012225-0101
18679307.4 a06/13/23 -10-

21. NO THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

22. PARAGRAPH HEADINGS AND SUBHEADINGS
The paragraph headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

23. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

24. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the Parties represent and warrant that (i) such Party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

25. CITY MANAGER AUTHORITY
City’s City Manager shall have the authority to make non-material changes, non-material amendments, or clerical edits to this Agreement on behalf of the City. [Signatures on following page.]
115
116
2671/012225-0101
18679307.4 a06/13/23

EXHIBIT A
Scope of Services
117
2671/012225-0101
18679307.4 a06/13/23

EXHIBIT B
Insurance Requirements
A. Insurance Required
(1) Commercial General Liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(2) Automobile Insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers’ Compensation Insurance providing statutory benefits as required by California law.
(4) Employer’s Liability Insurance with limits in an amount not less than $1,000,000.
(5) Professional Liability or Errors and Omissions Insurance designed to protect against acts, errors, or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

B. All insurance policies required hereunder, except the workers’ compensation insurance, shall comply with the following requirements:
(1) All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best’s rating of A- or better and a minimum financial size VII in accordance with the latest edition of Best’s Key Rating Guide. (2) The policies shall be endorsed to name City and its officers, officials, employees, agents, and volunteers as additional insureds. (3) All of Consultant’s insurance: (i) shall contain no special limitations on the scope of protection afforded to the additional insureds; (ii) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Consultant’s insurance and shall not contribute with it; (iii) shall be “occurrence” rather than “claims made” insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall prohibit Consultant from waiving the right of subrogation prior to a loss except for professional liability; 118
2671/012225-0101
18679307.4 a06/13/23 -2-
and (vi) shall not 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. (4) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days’ advance written notice of such change.

C. Consultant shall renew the required coverage annually as long as City or its employees or agents face an exposure from Consultant’s operations pursuant to this Agreement.

Termination of this obligation shall survive the termination or expiration of this Agreement and shall not be effective until City executes a written statement to that effect. 119
120
2 DISCUSSION/ANALYSIS
As required by CalRecycle to comply with the requirements of Senate Bill 1383, the mandatory organic waste reduction law, the amended JPA would authorize LARA to report on behalf its member agencies information related to compliance with organics recycling compliance. The amendment also reflects recent changes to the waste diversion calculation methodology used by CalRecycle as well as a number of minor clean-ups to the original JPA language, which is now over twenty years old.

RECOMMENDATION
Adopt a resolution approving an amendment to the Joint Powers Agreement with the Los Angeles Regional Agency.

FISCAL IMPACT
The City of Duarte pays approximately $6,500 annually to LARA in membership fees. The amended JPA may result in a minor increase in these annual dues as the reporting of SB1383- related data will require more labor by LARA staff. Additionally, leaving LARA would result in a substantial increase in costs to the City as the City would be solely responsible for the many reporting requirements performed by LARA.

ATTACHMENTS
Resolution No. 23-23 – A Resolution of the City Council of the City of Duarte Approving an Amendment to the Joint Powers Agreement with the Los Angeles Regional Agency 121
RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, APPROVING AN AMENDMENT TO THE JOINT

POWERS AGREEMENT WITH THE LOS ANGELES REGIONAL
AGENCY
WHEREAS, the City of Duarte desires to maximize its diversion of solid waste from landfills; and
WHEREAS, the City has partnered with the Los Angeles Regional Agency (LARA) and its member agencies since 2005 to maximize diversion of solid waste; and WHEREAS, Senate Bill 1383 (2016) established mandatory reduction of organic waste; and
WHEREAS, Senate Bill 1383 also required that LARA revise and amend its Joint Powers Agreement to reflect the required reporting and compliance monitoring related to organic waste recycling.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That above recitals are true and correct and incorporated in full herein.

SECTION 2. The Mayor is hereby authorized to execute, in the name of the City of Duarte, the amended Joint Powers Agreement (Exhibit A).

SECTION 3. The City Clerk is directed to certify the adoption of this Resolution which serves also to execute the amended Joint Powers Agreement.

SECTION 4. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED and ADOPTED this 25th day of July 2023. [Signatures on following page.]
122
_________________________________
Jody Schulz, Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 23-23 was adopted by the City Council of said City of Duarte at a regular meeting of said City Council held on the 25th day of July 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

Annette Juarez
City Clerk
123
Amended and Restated
Joint Powers Agreement
between the following jurisdictions:

1. City of Artesia

2. City of Beverly Hills

3. City of Bradbury

4. City of Downey

5. City of Duarte

6. City of Hermosa Beach

7. City of Hidden Hills

8. City of Los Angeles

9. City of Lynwood

10. City of Manhattan Beach

11. City of Palos Verdes Estates

12. City of Pomona

13. City of Rancho Palos Verdes

14. City of Redondo Beach

15. City of Rosemead

16. City of Sierra Madre

17. City of South Gate

18. City of Torrance
Establishing the Los Angeles Area
Integrated Waste Management Authority
Exhibit A
124
Amended and Restated Joint Powers Agreement –
Los Angeles Area Integrated Waste Management Authority
This Joint Powers Agreement – Los Angeles Area Integrated Waste Management Authority; effective the ________ day of ___________, _______, ("Agreement") is made and entered into by and between the cities of:

1. Artesia

2. Beverly Hills

3. Bradbury

4. Downey

5. Duarte

6. Hermosa Beach

7. Hidden Hills

8. Los Angeles

9. Lynwood

10. Manhattan Beach

11. Palos Verdes Estates

12. Pomona

13. Rancho Palos Verdes

14. Redondo Beach

15. Rosemead

16. Sierra Madre

17. South Gate

18. Torrance
each a municipal corporation, hereinafter also referred to individually as "Party” and collectively as “Parties”.
2 Printed on Recycled-Content Paper
125
Whereas, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and
Whereas, the State of California has enacted the California Integrated Waste Management Act of 1989 (AB 939), California Public Resources Code § 40000 et seq., mandating that municipalities and county unincorporated areas divert material from disposal, and has promulgated regulations promoting material reuse and recycling; and
Whereas, the foregoing Parties to this agreement have the power to provide waste management services including the storage, collection, recycling, and disposal of solid wastes within their respective jurisdictions; and
Whereas, the foregoing Parties desire and agree to form a regional agency to report as a single entity the annual regional compliance with AB 939, AB 341, AB 1826, and SB 1383 reporting requirements and to work towards the implementation of regional waste reduction and regional recycling diversion programs, including, but not limited to, organics programs and compliance with both existing and similar future regulations and/or legislation; and Whereas, each of the foregoing Parties has a CalRecycle-approved Source Reduction and Recycling Element, a CalRecycle-approved Solid Waste Generation Study, a 3 Printed on Recycled-Content Paper
126
CalRecycle-approved Household Hazardous Waste Element, and a CalRecycle-approved Non-Disposal Facility Element; and
Whereas, on the date above, this agreement was entered into by the Parties to this agreement whereby the Los Angeles Area Integrated Waste Management Authority is established to be a “Regional Agency” entity to provide cooperative solid waste reporting and program activities to the participating parties; and
Whereas, the California Public Resources Code, Sections 40970 through Section 40975 allows cities and counties to form Regional Agencies to implement PRC Division 30, Part 2, Integrated Waste Management Plans, in order to reduce the cost of reporting and tracking of disposal and diversion programs by individual jurisdictions and counties and to increase the diversion of solid waste from disposal facilities; and
Whereas, by this agreement, the Parties hereto wish to enter into this agreement to form a Regional Agency for purposes of combining disposal and diversion quantities for determining compliance with the California Integrated Waste Management Act of 1989 and to allow for the efficient operation of diversion programs on a region-wide basis and hereby authorize the Regional Agency to submit annual reports to CalRecycle on behalf of the Parties regarding the Parties’ compliance with Senate Bill 1383 (SB 1383) and corresponding regulations codified in Title 14, Division 7, Chapter 12 of the California Code of Regulations, consistent with the requirements prescribed by CalRecycle; and
4 Printed on Recycled-Content Paper
127
Whereas, the members of the Agency desire to revise the language of the agreement to reflect updated terminology and operating practices;
Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:

Section 1. Definitions

1.1 Agreement. This Agreement as it is now exists, or as it may be amended.

1.2 AB 341. Solid Waste: Diversion (Chesbro, Chapter 476, Statutes of 2011).

1.3 AB 939. The California Integrated Waste Management Act of 1989.

1.4 AB 1826. Mandatory Commercial Organics Recycling (Chesbro, Chapter 727, Statutes of 2014).

1.5 Agency/Regional Agency. Los Angeles Area Integrated Waste Management Authority, also referred to as Los Angeles Regional Agency, or LARA, formed pursuant to California Public Resources Code Sections 40970 through 40975 and approved by CalRecycle.

1.6 Agency Staff. Personnel employed by the City of Los Angeles responsible for administration of the Agency that may serve in the capacity of Manager, Executive Director, Administrator, and/or another capacity.

1.7 Annual Report. The report required by the State of California to measure compliance to the provisions of AB 939, AB 341, AB 1826, and SB 1383.

1.8 Board. Body consisting of a representative designated by the governing body of each member.
5 Printed on Recycled-Content Paper
128

1.9 Bylaws. The rules and regulations document enacted by the Agency to provide a framework for its operation and management.

1.10 CalRecycle. California Department of Resources Recycling and Recovery.

CalRecycle is the successor agency to the California Integrated Waste Management Board (CIWMB).

1.11 Chair/Vice-Chair. Board representatives elected by a majority vote of the Board with responsibilities as stated in Section 10.3.

1.12 Fiscal Year. Any year beginning July 1 and ending June 30.

1.13 HHWE. Household Hazardous Waste Element

1.14 Jurisdiction. Incorporated Parties who may be Members of the Agency.

1.15 Member/Members. Jurisdictions who are parties to the Agreement.

1.16 NDFE. Non-Disposal Facility Element

1.17 SB 1383. Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (SB 1383 Lara, Chapter 395, Statutes of 2016 , and implementing regulations, 14 CCR 18981.1, et seq.).

1.18 Secretary. Board representative elected by the Board with duties as stated in Section

10.5. 1.19 SRRE. Source Reduction and Recycling Element

1.20 Treasurer. Board representative elected by the Board with duties as stated in Section

10.4. Section 2. Purpose of Agreement
6 Printed on Recycled-Content Paper
129
This Agreement is made and entered into for the purpose of forming a Regional Agency pursuant to California Public Resources Code Sections 40970 through 40975, the Regional Agency being established for purposes of combining disposal and diversion quantities for determining compliance with AB 939, to allow for the efficient operation of diversion programs on a regionwide basis as allowed by Members under this agreement, and to allow for the development of Regional Integrated Waste Management Plans including a Source Reduction and Recycling Element, Household Hazardous Waste Element, and Non-Disposal Facility Element.

The Agency will pool together the resources of its Members as stated in this agreement to provide AB 939 compliance as well as AB 341 and AB 1826 reporting and SB 1383 recordkeeping and reporting services to the Members. The Agency will be responsible for preparing the annual regional diversion rate calculation for the Regional Agency, and submitting the report to CalRecycle.

The Members enter the agreement with the intent to benefit from the regional programs and regional reporting that the Agency will provide.

Section 3. Term of Agreement
The term of this agreement shall commence on __________, and shall continue until amended or terminated pursuant to the terms contained herein.
7 Printed on Recycled-Content Paper
130
Section 4. Powers of the Agency

4.1 The Agency is authorized to perform the following functions as required by the terms of this Agreement and the bylaws of the Agency:

4.1.1 to make and enter into contracts;

4.1.2 to apply for and accept grants, advances and contributions;

4.1.3 to make plans and conduct studies;

4.1.4 to incur and discharge debts, liabilities and obligations;

4.1.5 to hire agents and employees.

4.2 Such powers shall be exercised subject only to the limitations set forth in this Agreement, applicable law and such restrictions upon the manner of exercising such powers as are imposed by law upon the Members in the exercise of similar powers. In no event do these powers expressly granted restrict the individual power of each Member with regards to solid waste management under their jurisdiction.

Furthermore, in no event shall the Agency be authorized to exercise any power not expressly granted by this Agreement. The Members hereby designate the City of Los Angeles as the Member required to be designated by Section 6509 of the California Government Code.

Section 5. Responsibilities of the Regional Agency

5.1 This Agreement hereby creates and establishes an authority to be known as the “Los Angeles Area Integrated Waste Management Authority”. The Authority shall constitute a Regional Agency pursuant to Public Resources Code Section 40973.

Said Agency shall be responsible for compliance with the waste diversion 8 Printed on Recycled-Content Paper
131
requirements set forth in the Public Resources Code, Article 1 of Chapter 6 (commencing with Section 41780).

5.2 The Agency will be responsible for providing the following services for the benefit of the Members:

5.2.1 The Agency will be responsible for preparing the Annual Report with collective information submitted by the Members and submitting the report to CalRecycle;

5.2.2 The Agency will develop standardized database tools for monitoring, tracking, and evaluating implemented jurisdiction-owned/operated diversion programs and make them available to all members;

5.2.3 The Agency will conduct a new “regional level” generation-based diversion study when required by CalRecycle or when a study is needed for a new baseline for its Members;

5.2.4 The Agency will provide legislative and regulatory analysis on pending regulations and legislation for Members;

5.2.5 The Agency will seek grant funding for additional Regional Agency activities.

5.2.6 The Agency will evaluate and disseminate information to Members about innovative waste management/recycling technologies. As directed by the Board and upon available funding, the Agency will conduct additional programs based on additional funding such as but not limited to: cooperative food waste donation for reuse, technical assistance for business recycling, investigate forming cooperative partnerships to develop additional capacity for processing and/or reuse of materials, and/or pool buying power of Members to lower the cost of recycled-content products.
9 Printed on Recycled-Content Paper
132
Section 6. Duties and responsibilities of Member Jurisdictions

6.1 Each Member will be responsible for funding and/or implementing programs recommended for implementation in their jurisdiction as adopted in their respective SRRE and for continued support of the associated programs as adopted in their respective HHWE.

6.2 Each Member will also provide funding of the Agency for its operation in accordance with Section 9, the implementation of regional programs, and for preparing the annual regional diversion rate calculation for the progress made by the Regional Agency.

6.3 Each Member shall provide the information required for annual report or new base year compilation to the Agency in a timely manner according to the format set forth by the Agency. The annual report information shall include, but not be limited to, all information required by AB 939, AB 341, AB 1826, and SB 1383.

Section 7. Approval of Agreement by CalRecycle
Pursuant to California Public Resources Code Section 40975(a), establishment of a Regional Agency requires authorization from CalRecycle, if CalRecycle finds that the formation of such a Regional Agency will not adversely affect compliance with PRC Division 30, Part 2. Integrated Waste Management Plans.

Section 8. Agency Financial Requirements
10 Printed on Recycled-Content Paper
133

8.1 The Agency will follow the financial accounting requirements set forth in Government Code Section 6505, Section 6505.1, Section 6505.5, Section 6505.6, Section 6511, and Section 6512, herein incorporated by reference.

8.2 Agency Staff will prepare a budget for each fiscal year and present it to the Board before its approval by the City of Los Angeles. The assets, rights, debts, liabilities and obligations of the Agency shall not constitute assets, rights, debts, liabilities or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for or assuming responsibility for specific debts, liabilities or obligations of the Agency, provided that both the Agency and the Member approve such contract or assumption.

8.3 Payment of Civil Penalties Imposed by CalRecycle - The Members hereby agree that the responsibility for any civil penalties incurred pursuant to AB 939, AB 341, AB 1826, or SB 1383 shall be assigned to the Agency. Should a penalty be assessed against the Agency for non-compliance after all administrative remedies are exhausted; the Members hereby authorize the Agency to allocate responsibility to the Members based upon equal division of the monetary fine between all of the participating Members. Any modification to this basis for determining responsibility for any civil penalties will be codified in the operating Bylaws.

Section 9. Funding

9.1 Members shall not be assessed the startup costs for the Agency of approximately $150,000, which have been borne by the City of Los Angeles. As a Member, the City 11 Printed on Recycled-Content Paper
134
of Los Angeles will contribute existing staff and resources totaling approximately $300,000 per year to the Agency.

9.2 The City of Los Angeles will provide $100,000 annually towards a new base year study to be prepared no less than three years but within five years from the original formation of the Agency.

9.3 Funding will be provided by each additional Member assessed as a fee per ton of the Member's landfill disposal. The fee will be codified in the Agency Bylaws and is subject to adjustments as directed by the Board. This fee will be due at the beginning of each fiscal year.

Section 10. Structure of the Agency

10.1 Agency Staff. The City of Los Angeles shall employ staff for the Agency. Agency Staff shall, upon direction by the Board, plan, organize, and direct the administration and operations of the Agency, shall advise the Chair/Vice-Chair on policy matters, shall develop Agency budgets, shall reply to communications on behalf of the Agency, shall attend meetings of the Board, and carry out other duties as needed.

10.2 Board. The Board of the Los Angeles Area Integrated Waste Management Authority shall be comprised of a representative from each of the Members. The Board shall make all policy decisions on behalf of the Agency, review and approve budgets, and decide the disbursement of discretionary funds collected under Section 9.3.

10.3 Chair and Vice-Chair. The officers of the Board shall include a Chair and Vice-Chair elected by a majority vote of Members. Their duties are to: Preside over 12 Printed on Recycled-Content Paper
135
all meetings of the Board; Appoint all ad hoc committees subject to ratification by the Board; act as ex-officio members of all ad hoc committees.

10.4 Treasurer. The officers of the Board shall include a Treasurer elected by a majority vote of Members. His/her duties are to lead in the preparation and submission of Agency budgets to the Board and monitor expenditures with the assistance of the Agency administrative staff.

10.5 Secretary. The officers of the Board shall include a Secretary elected by a majority vote of the Members. His/her duties are to record attendance at all Agency meetings and keep a record of vote tallies when votes are taken by roll call.

10.6 Committees. Committees, subcommittees, and ad hoc committees shall be at the discretion of the Chair subject to ratification by the Board. The Chair may appoint any individual deemed qualified to serve on a Committee.

10.7 Meetings. The Board will hold regular meetings, at a minimum, on a quarterly basis.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code.

10.8 Brown Act. All meetings of the Board shall be held subject to the provisions of the California Ralph M. Brown Act (Sections 54950 et seq. of the California Government Code) and other applicable laws of the State of California.

10.9 Minutes. Agency staff shall cause minutes of all meetings of the Board to be kept and shall, after each meeting, cause a copy of the minutes to be forwarded to each Member.

Section 11. Addition of New Member Jurisdictions
13 Printed on Recycled-Content Paper
136

11.1 The Agency will have the authority through an action by the Board to add New Member Jurisdictions to the Agency without modification to the existing Agreement by the amendment of Attachment(s) to this Agreement. Attachment(s) shall list the Member Jurisdictions and contain additional signature pages for each New Member.

Each New Member shall have equal rights and responsibilities of all Members.

11.2 New members must apply to the Board in writing no less than 90 days before the end of each fiscal year to be considered for membership.

11.3 New Members will be assessed a prorated share of assets held by the Agency such as the reserve fund.

Section 12. Withdrawal and Termination

12.1 Any Member may voluntarily withdraw from this Agreement by filing with the Agency a written notice to withdraw no less than one hundred eighty (180) days prior to the close of the Agency’s fiscal year.

12.2 A Jurisdiction’s participation and membership may be terminated by the Agency for non-performance of its responsibilities and/or duties required under Sections 6.1, 6.2, and 6.3 of this Agreement. A vote by a majority of the Members is needed to terminate the agreement with respect to a Jurisdiction. When terminated, the Jurisdiction and CalRecycle will be notified in writing of the action on behalf of the Agency and all funds received by the Agency for the remainder of the current fiscal year after termination will be refunded to the Jurisdiction after deducting any applicable expenses.
14 Printed on Recycled-Content Paper
137

12.3 The withdrawing Jurisdiction shall also continue to be liable for its share of Agency obligations, including, but not limited to, operations costs and the General Budget, until the effective date of its withdrawal.

12.4 This Agreement may be terminated at any time by a written concurrence of a two-thirds (2/3) vote of the Board. Procedures for termination of the Agreement will be codified in the operating Bylaws.

Section 13. Jurisdictional Responsibility Upon Termination In the event that this Agreement is terminated, individual Jurisdictions will assume responsibility for a share of any civil penalties incurred by the Agency during the term of the Jurisdiction as a Member. Jurisdictions will also be responsible individually for any civil penalties incurred individually. If this Agreement is terminated, each Jurisdiction will assume responsibility for compiling their own disposal information from haulers and facility operators for compliance with the monitoring and reporting system required pursuant to PRC Sections 41780, 41821.5, 42652.5, and 42653, and implementing regulations 14 CCR 18981.1 et seq., unless a subsequent regional agency formation agreement is approved specifically for this purpose. Each Jurisdiction is still responsible for the implementation of the programs described in their respective portion of the annual report including, but not limited to, programs responsive to AB 939, AB 341, AB 1826, and SB 1383.

Section 14. Member Jurisdiction SRRE Implementation
Each Member of the Agency is responsible for and shall continue to implement diversion programs in their adopted and approved SRRE that are specific to their Jurisdiction. Failure to 15 Printed on Recycled-Content Paper
138
implement these programs will provide cause for termination of the Agreement with respect to that Jurisdiction.

Section 15. Contact Persons
The name of the regional agency is the Los Angeles Area Integrated Waste Management Authority. The contact persons for all members are listed in Attachment A. The address and primary contact person is the following:

Mr. Alex E. Helou
City of Los Angeles
LA Sanitation and Environment, SRCRD
Los Angeles Regional Agency
1149 S. Broadway, 5th Floor
Los Angeles, CA 90015
Telephone: (213) 485-2260
Section 16. Amendment
This Agreement may be amended or modified at any time, in a manner consistent with and in furtherance of the purposes of this Agreement, with the written consent of a majority of the Member Jurisdictions within the Regional Agency.

Section 17. Indemnification
Pursuant to Government Code Section 895.4, the Parties agree as follows:
16 Printed on Recycled-Content Paper
139

17.1 Each Member Jurisdiction shall indemnify, defend and hold harmless the City of Los Angeles, the other Member Jurisdictions, the Agency, and their officers, agents and employees, from and against any and all claims, expenses, liability or damage arising out of injury to persons, loss of life, or damage to property which are attributable to any activity of that Member Jurisdiction or of any other person acting under authority of that Member Jurisdiction which results from activities conducted on behalf of the Agency.

17.2 The City of Los Angeles and the Agency shall indemnify, defend and hold harmless each Member Jurisdiction and its officers, agents and employees, from and against any and all claims, expenses, liability or damage arising out of injury to persons, loss of life, or damage to property which are attributable to any authorized activity of Agency, or of any other person acting under authority of Agency.

Section 18. Miscellaneous Provisions

18.1 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto, provided that no Party shall assign any rights, nor delegate any duties provided for hereby without the consent of the other Party.

18.2 Required Actions of the Parties. The Parties hereto agree to execute all such instruments and documents and to take all actions as may be required in order to consummate the transactions herein contemplated.

18.3 Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof, and thereby supersedes all 17 Printed on Recycled-Content Paper
140
prior understandings and agreements, if any, with respect thereto, whether written or oral. No addition or modification of any term or provision shall be effective unless set forth in writing, signed by the Parties hereto.

18.4 Time of the Essence. Time is of the essence of each and every term, condition, obligation, and provision thereof.

18.5 Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be delivered personally (including by means of professional messenger service) or sent by electronic mail or other electronic means or express mail or registered mail or certified mail, return receipt requested. Notices delivered personally or by express mail shall be considered given when received. Notices sent by registered or certified mail shall be considered given two (2) business days after deposit in the United States mail, postage prepaid, addressed to the person to receive such notice. Notices sent by electronic mail or other electronic means shall be considered given two (2) business days after sending.

18.6 Notices shall be addressed as appears below for the Agency, and as listed in the Attachment(s) for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice.

If to Agency: Los Angeles Regional Agency
LA Sanitation and Environment, SRCRD
1149 S. Broadway, 5th Floor
Los Angeles, CA 90015
18 Printed on Recycled-Content Paper
141
Attention: Alex E. Helou
[email protected]
With a copy to: LA Sanitation and Environment
1149 S. Broadway, Ste. 900
Los Angeles, CA 90015
Attention: Director
If to Members: Please see Attachment(s)

18.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

18.8 No Waiver. A waiver by any Party of the breach of any of the terms and conditions under this Agreement to be performed by any other Party shall not be construed as a waiver of any succeeding breach of the same terms and conditions of this Agreement.

18.9 Modifications. Except as expressly allowed in the Agreement, any alteration, change or modification of or to this Agreement, in order to become effective, must be made in writing and in each instance signed on behalf of each Party hereto.

18.10 No Obligations to Third Parties. Except as otherwise expressly provided herein, the provisions of this Agreement are intended to be solely for the benefit of the Parties hereto, and execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the Parties hereunder, to any person or entity other 19 Printed on Recycled-Content Paper
142
than the Parties hereto.
[BALANCE OF PAGE INTENTIONALLY BLANK - SIGNATURES FOLLOW] 20 Printed on Recycled-Content Paper
143

CITY OF DUARTE
By: Date:

Jody Schulz,
Mayor
ATTEST:

By:

Annette Juarez,
City Clerk
APPROVED AS TO FORM:

By:

Thai Viet Phan,
City Attorney
144
145
146
2671/012225-0101
18679307.4 a07/19/23

CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of _____________________ (“Effective Date”), by and between the City of Duarte (“City”), and HdL Companies, a California corporation, (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

1. RECITALS
The City wishes to engage the services of Consultant to provide an analysis of the proposed cannabis initiative as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

2. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until December 1, 2024, or until the tasks listed in the Scope of Services, as defined below, are completed, whichever is later, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended upon execution of a written amendment between the Parties.

3. SERVICES AND PERFORMANCE
A. In compliance with all terms and conditions of this Agreement, Consultant shall provide services more particularly described in the “Scope of Services,” which is attached hereto and incorporated herein by this reference as Exhibit A. The services may be referred to herein as the “Services” or “Work.” In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.

B. As a material inducement to City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first-class work and services, and Consultant is experienced in performing the type of work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant represents that the Services will be performed by Consultant or under its direct supervision, and that all personnel engaged in such Work shall be fully qualified and shall be authorized and permitted under applicable Federal, State, and local law to perform such Work. Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Services and as required by law
C. The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 14762
2671/012225-0101
18679307.4 a07/19/23 -2-
without the prior written approval of City, which may be given or withheld at City’s sole and absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the Services required hereunder; or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) any or all of this Agreement.

D. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement prior to the commencement of Services. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend, and hold harmless City and its elected and appointed officials, boards, members, officers, agents, representatives, employees, and volunteers (“City Personnel”) against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City related to the Services.

E. Consultant shall provide all Services rendered hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State, or local governmental agency having jurisdiction in effect at the time Service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though they were included.

F. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including, but not limited to, equipment, devices, processes, and software programs, used or incorporated in the Services or Work performed by Consultant under this Agreement.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

G. Consultant shall not subcontract the performance of any of the Services without the prior written approval of City.

H. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are other otherwise exempt under California’s prevailing wage laws (California Labor. Code section 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “public works” (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code section 1781, as the same may be amended from time to time, and/or any other similar law.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from and against any liability, loss, damage, cost, or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, State, and/or Federal law, including, without limitation, any applicable Federal and/or State labor laws (including, without limitation, the requirement to pay State prevailing wages and hire apprentices); (ii) the implementation of California Labor Code section 1781, as the same may be amended from DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 14863
2671/012225-0101
18679307.4 a07/19/23 -3-
time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services on Consultant’s behalf to provide any required disclosure or identification as required by California Labor Code section 1781, as the same may be amended from time to time, or any other similar law.

4. MANAGEMENT
City’s City Manager shall represent City in all matters pursuant to the administration of this Agreement and review the Services performed by Consultant. The City Manager shall have the authority, subject to the limitations set forth in Paragraph 5, to enlarge the Scope of Services or increase the compensation due to Consultant. Consultant’s official representative in the administration of this Agreement shall be Ajay Kolluri, who shall have the authority to make all decisions for Consultant and bind Consultant to the terms of this Agreement.

5. COMPENSATION
A. City agrees to pay Consultant an amount not to exceed $30,000, based on the Scope of Services set forth in Exhibit A, not to include travel costs as needed for on-site meeting attendance.

B. Consultant shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance, and in writing, by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given. Unless otherwise agreed to by the Parties in writing, all provisions in this Agreement applicable to Consultant’s performance of the Services shall also apply to any additional services.

C. Consultant shall be paid monthly and shall submit monthly invoices/reports to City, within ten (10) days following the end of each month, showing actual Services performed. Invoices shall include billings for all charges, including authorized direct costs incurred by Consultant during the month covered by the invoice. Consultant shall be paid on the next regular Council warrant after all required paperwork is submitted. If City disputes whether Consultant has earned its fee or any portion, City shall give written notice to Consultant within thirty (30) days of receipt of Consultant’s monthly invoice/report stating the basis for such dispute.

6. SUSPENSION OR TERMINATION OF AGREEMENT
A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving written notice upon Consultant. Upon receipt of said notice, Consultant shall immediately cease all Work under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this subparagraph (A), Consultant shall submit a final invoice/report to City pursuant to Paragraph 4, and City shall be entitled to receive a return of the fee paid to Consultant, or portion thereof, if the reason for the termination is failure by Consultant to have timely performed the Services set forth in Exhibit A. In City’s sole and absolute discretion, prior to effecting a suspension or termination pursuant to this subparagraph (A), City may first serve upon Consultant a written notice of the default specifying the default and the amount of time that Consultant shall have to cure, correct, DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 14964
2671/012225-0101
18679307.4 a07/19/23 -4-
or remedy the default. If Consultant fails to cure the default within the specified period of time, City shall have the right to immediately terminate this Agreement pursuant to this subparagraph (A). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this subparagraph (A) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Consultant may terminate this Agreement only due to a material breach by City, and only upon not less than thirty (30) days’ prior written notice to City which notice shall specify the material default. Upon receipt of such notice, City may, but shall not be obligated to, effect to remedy such default, which remedy will cause the notice of termination to no longer apply, and this Agreement to continue in effect.

7. RECORDS AND OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to produce an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement (“Work Product”) shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. Consultant shall provide such items to City promptly upon completion of this Agreement. City acknowledges that such Work Product is not intended or represented to be suitable for use unless completed by Consultant, or for use or reuse by City or others on extensions of the Services or Work under this Agreement, or for any other use or purpose, without written verification or adaptation by Consultant. Any such use, reuse, or any modification of the Work Product, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants.

C. Any information gained by Consultant in the performance of this Agreement shall be considered confidential and such information and the reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly or to any other client of Consultant without the prior written approval of the City Manager.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15065
2671/012225-0101
18679307.4 a07/19/23 -5-

8. INDEMNIFICATION
A. To the fullest extent permitted by law, except as set forth in subparagraph (B), Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold harmless City and City Personnel from and against any and all claims, actions, suits, claims, demands, judgments, attorneys’ fees, costs, damages, losses, penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of, or pertaining to, Consultant’s negligence, recklessness, or willful misconduct, whether or not there is concurrent active or passive negligence on the part of City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorneys’ fees incurred in connection therewith. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the Work being performed or Services being provided under this Agreement, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorneys’ fees and expert witness fees. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost requirement owed to City.

B. The provisions of this subparagraph (B) apply only if Consultant is a “design professional” within the meaning of California Civil Code section 2782.8(c). If Consultant is a “design professional,” within the meaning of Section 2782.8(c), then notwithstanding subparagraph (A), to the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel acceptable to City), indemnify, and hold harmless City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant’s performance of any task or Service for or on behalf of City under this Agreement.

Such obligations to defend, hold harmless, and indemnify City or any City Personnel, shall not apply to the extent that such Claims are caused, in part, by the sole negligence or willful misconduct of City or City Personnel. Consultant’s cost to defend City and/or City Personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to California Civil Code section 2782.8(a), in the event that one or more of the defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City Personnel under this subparagraph (B), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15166
2671/012225-0101
18679307.4 a07/19/23 -6-
C. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts, errors, omissions, or willful misconduct, in performing or failing to perform Consultant’s obligations under this Agreement. City in its sole and absolute discretion, may withhold any payment due to Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or withhold shall not act as a waiver of Consultant’s obligation to pay City any sums Consultant owes City.

9. INSURANCE
Without limiting Consultant’s indemnification obligations of City as set forth in this Agreement, and prior to the commencement of Work, Consultant shall obtain, provide, and maintain, at its own expense, during the entire term of this Agreement including any extension thereof, policies of insurance of the type and amounts described in Exhibit B and in a form satisfactory to City.

A. No Work or Services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance evidencing the required insurance coverages and said Certificates of Insurance are reasonably approved by City. Certificates are to reflect that the insurer will provide thirty (30) days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or cancelled for any reason, Consultant shall, prior to the cancellation date, submit new evidence of insurance.

B. The provisions of any workers’ compensation or similar law will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

C. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve City.

D. The City’s Director of Administrative Services shall have the authority to adjust or amend the insurance requirements in Exhibit B of this Agreement so long as such amendment or adjustment is agreed to in writing by the Parties.

10. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, officials, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15267
2671/012225-0101
18679307.4 a07/19/23 -7-
employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

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

11. NO UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Consultant further warrants that it has not employed or retained any company or person other than a bona fide employee working for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Services performed under this Agreement.

13. COVENANT AGAINST DISCRIMINATION
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, gender, gender identity, gender expression, physical or mental disability, age, military status, marital or familial status, sexual orientation, national origin, or ancestry.

14. NONLIABILITY OF CITY OFFICERS AND EMPLOYEES
No City Personnel shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15368
2671/012225-0101
18679307.4 a07/19/23 -8-

15. NOTICES
Any notices which either Party may desire to give or may be required to give to the other Party under this Agreement must be in writing and may be given either by (a) personal service; (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery; (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice; or (d) e-mailing the notice to the e-mail addresses as set forth below:

If to City: City of Duarte
City Manager’s Office
Attn: Brian Villalobos
1600 Huntington Drive
Duarte, California 91010
[email protected]
If to Consultant: HdL Companies
Attn: Ajay Kolluri
120 S. State College Blvd., Ste. 200
Brea, CA 92821
[email protected]

16. GOVERNING LAW; ATTORNEYS’ FEES; LITIGATION MATTERS
The internal laws of the State of California, without regard to principles of conflicts of laws, shall govern the interpretation of this Agreement. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Consultant be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the Parties concerning this Agreement. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

17. RIGHTS AND REMEDIES ARE CUMULATIVE; WAIVER
A. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15469
2671/012225-0101
18679307.4 a07/19/23 -9-
B. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. SEVERABILITY
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to give effect to the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be performed as originally contemplated to the greatest extent possible.

19. INTERPRETATION; ENTIRE AGREEMENT
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to the obligations of the Parties described in this Agreement, are merged into this Agreement and shall be of no further force or effect.

20. CONFLICTS OF INTEREST
Consultant represents, warrants, and covenants that he, she, or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (California Government Code section 87100 et seq.), City may determine Consultant to be a “consultant” as that term is defined by the Political Reform Act. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15570
2671/012225-0101
18679307.4 a07/19/23 -10-

21. NO THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

22. PARAGRAPH HEADINGS AND SUBHEADINGS
The paragraph headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

23. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

24. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the Parties represent and warrant that (i) such Party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

25. CITY MANAGER AUTHORITY
City’s City Manager shall have the authority to make non-material changes, non-material amendments, or clerical edits to this Agreement on behalf of the City. [Signatures on following page.]
DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15671
2671/012225-0101
18679307.4 a07/19/23 -11-
IN WITNESS WHEREOF, the City Council of the City of Duarte caused the Agreement to be subscribed by its Mayor or City Manager and said Consultant has executed or caused this Agreement to be executed by its duly authorized officer(s).

CITY OF DUARTE
_________________________________
Brian Villalobos, City Manager
Date: _____________________________

CONSULTANT
HdL Companies
By: ______________________________
Its: ______________________________
Date: _____________________________
ATTEST
_________________________________
Annette Juares, City Clerk
Date: _____________________________

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
_________________________________
Thai Viet Phan, City Attorney
Date: _____________________________
DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 7/19/2023 | 11:27:57 AM PDT
President/CEO
Andrew Nickerson
15772
2671/012225-0101
18679307.4 a07/19/23

EXHIBIT A
Scope of Services
The specific scope of the report will be determined in consultation with the City but may include any or all of the following topics:
• Summary and overview of the ordinance
• Impacts on land use, including consistency with the City’s general plan, zoning and specific plans
• Likely demand for permitted uses
• Economic impacts, including impacts on other businesses • Lighting, noise, traffic and odor impacts
• Impacts on crime, safety and public health
• Fiscal impacts, including City costs and potential cannabis tax revenues Objective 1: Conduct a Ballot Measure Impact Analysis
Consultant HdL shall conduct an analysis of the potential impacts of the proposed ballot initiative to inform decision-making by the City Council. The analysis would seek to determine the types of impacts that may result from approval of the initiative and would include estimates for the gross receipts and tax revenue that may be generated from the cannabis business tax as well as estimates for City costs for services, administration and addressing other community impacts.

Objective 2: Attendance, Support or Presentations at Meetings or Workshops HdL shall attend a meeting of the City Council to provide a report and presentation on the analysis and to answer questions.

Objective 3: Technical Assistance and Subject Matter Expertise HdL will provide up to 20 hours of general consulting to be utilized on an as-needed basis at the City’s request. Such assistance may include technical assistance, subject matter expertise, education, monitoring of changes to State laws and regulations, participation in conference calls, responding to staff inquires via phone and email, reviewing staff reports to the City Council, assisting with responses to inquiries from the public, or other issues yet to be determined as requested by the City.

Scope of Service Objectives Estimated Cost
Objective 1: Conduct a Fiscal Analysis
Not to exceed 80 hours, billed at flat rate upon
completion
$22,000
Objective 2: Presentation of Analysis at City Council Meeting Includes preparation, attendance and follow up
$2,000
Objective 3: Technical Assistance and Subject Matter Expertise Assumes up to 20 hours @ $300/hr; billed at hourly rate $6,0001
DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15873
2671/012225-0101
18679307.4 a07/19/23 -2-
Travel (if and as needed for on-site meeting attendance) Hourly Rate2 TOTAL NOT TO EXCEED $30,000
1 Objective billed at hourly rate
2Or at a flat rate to be determined in consultation with the City DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15974
2671/012225-0101
18679307.4 a07/19/23 -3-

EXHIBIT B
Insurance Requirements
A. Insurance Required
(1) Commercial General Liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(2) Automobile Insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connections with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers’ Compensation Insurance providing statutory benefits as required by California law.
(4) Employer’s Liability Insurance with limits in an amount not less than $1,000,000.
(5) Professional Liability or Errors and Omissions Insurance designed to protect against acts, errors, or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

B. All insurance policies required hereunder, except the workers’ compensation insurance, shall comply with the following requirements:
(1) All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best’s rating of A- or better and a minimum financial size VII in accordance with the latest edition of Best’s Key Rating Guide. (2) The policies shall be endorsed to name City and its officers, officials, employees, agents, and volunteers as additional insureds. (3) All of Consultant’s insurance: (i) shall contain no special limitations on the scope of protection afforded to the additional insureds; (ii) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Consultant’s insurance and shall not contribute with it; (iii) shall be “occurrence” rather than “claims made” insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall prohibit Consultant from waiving the right of subrogation prior to a loss except for professional liability; DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 16075
2671/012225-0101
18679307.4 a07/19/23 -4-
and (vi) shall not 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. (4) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days’ advance written notice of such change.

C. Consultant shall renew the required coverage annually as long as City or its employees or agents face an exposure from Consultant’s operations pursuant to this Agreement.

Termination of this obligation shall survive the termination or expiration of this Agreement and shall not be effective until City executes a written statement to that effect.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 16176
2671/012225-0101
18679307.4 a07/19/23

CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of _____________________ (“Effective Date”), by and between the City of Duarte (“City”), and HdL Companies, a California corporation, (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

1. RECITALS
The City wishes to engage the services of Consultant to provide an analysis of the proposed cannabis initiative as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

2. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until December 1, 2024, or until the tasks listed in the Scope of Services, as defined below, are completed, whichever is later, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended upon execution of a written amendment between the Parties.

3. SERVICES AND PERFORMANCE
A. In compliance with all terms and conditions of this Agreement, Consultant shall provide services more particularly described in the “Scope of Services,” which is attached hereto and incorporated herein by this reference as Exhibit A. The services may be referred to herein as the “Services” or “Work.” In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.

B. As a material inducement to City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first-class work and services, and Consultant is experienced in performing the type of work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant represents that the Services will be performed by Consultant or under its direct supervision, and that all personnel engaged in such Work shall be fully qualified and shall be authorized and permitted under applicable Federal, State, and local law to perform such Work. Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Services and as required by law
C. The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 14762
2671/012225-0101
18679307.4 a07/19/23 -2-
without the prior written approval of City, which may be given or withheld at City’s sole and absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the Services required hereunder; or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) any or all of this Agreement.

D. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement prior to the commencement of Services. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend, and hold harmless City and its elected and appointed officials, boards, members, officers, agents, representatives, employees, and volunteers (“City Personnel”) against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City related to the Services.

E. Consultant shall provide all Services rendered hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State, or local governmental agency having jurisdiction in effect at the time Service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though they were included.

F. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including, but not limited to, equipment, devices, processes, and software programs, used or incorporated in the Services or Work performed by Consultant under this Agreement.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

G. Consultant shall not subcontract the performance of any of the Services without the prior written approval of City.

H. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are other otherwise exempt under California’s prevailing wage laws (California Labor. Code section 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “public works” (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code section 1781, as the same may be amended from time to time, and/or any other similar law.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from and against any liability, loss, damage, cost, or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, State, and/or Federal law, including, without limitation, any applicable Federal and/or State labor laws (including, without limitation, the requirement to pay State prevailing wages and hire apprentices); (ii) the implementation of California Labor Code section 1781, as the same may be amended from DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 14863
2671/012225-0101
18679307.4 a07/19/23 -3-
time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services on Consultant’s behalf to provide any required disclosure or identification as required by California Labor Code section 1781, as the same may be amended from time to time, or any other similar law.

4. MANAGEMENT
City’s City Manager shall represent City in all matters pursuant to the administration of this Agreement and review the Services performed by Consultant. The City Manager shall have the authority, subject to the limitations set forth in Paragraph 5, to enlarge the Scope of Services or increase the compensation due to Consultant. Consultant’s official representative in the administration of this Agreement shall be Ajay Kolluri, who shall have the authority to make all decisions for Consultant and bind Consultant to the terms of this Agreement.

5. COMPENSATION
A. City agrees to pay Consultant an amount not to exceed $30,000, based on the Scope of Services set forth in Exhibit A, not to include travel costs as needed for on-site meeting attendance.

B. Consultant shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance, and in writing, by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given. Unless otherwise agreed to by the Parties in writing, all provisions in this Agreement applicable to Consultant’s performance of the Services shall also apply to any additional services.

C. Consultant shall be paid monthly and shall submit monthly invoices/reports to City, within ten (10) days following the end of each month, showing actual Services performed. Invoices shall include billings for all charges, including authorized direct costs incurred by Consultant during the month covered by the invoice. Consultant shall be paid on the next regular Council warrant after all required paperwork is submitted. If City disputes whether Consultant has earned its fee or any portion, City shall give written notice to Consultant within thirty (30) days of receipt of Consultant’s monthly invoice/report stating the basis for such dispute.

6. SUSPENSION OR TERMINATION OF AGREEMENT
A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving written notice upon Consultant. Upon receipt of said notice, Consultant shall immediately cease all Work under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this subparagraph (A), Consultant shall submit a final invoice/report to City pursuant to Paragraph 4, and City shall be entitled to receive a return of the fee paid to Consultant, or portion thereof, if the reason for the termination is failure by Consultant to have timely performed the Services set forth in Exhibit A. In City’s sole and absolute discretion, prior to effecting a suspension or termination pursuant to this subparagraph (A), City may first serve upon Consultant a written notice of the default specifying the default and the amount of time that Consultant shall have to cure, correct, DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 14964
2671/012225-0101
18679307.4 a07/19/23 -4-
or remedy the default. If Consultant fails to cure the default within the specified period of time, City shall have the right to immediately terminate this Agreement pursuant to this subparagraph (A). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this subparagraph (A) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Consultant may terminate this Agreement only due to a material breach by City, and only upon not less than thirty (30) days’ prior written notice to City which notice shall specify the material default. Upon receipt of such notice, City may, but shall not be obligated to, effect to remedy such default, which remedy will cause the notice of termination to no longer apply, and this Agreement to continue in effect.

7. RECORDS AND OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to produce an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement (“Work Product”) shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. Consultant shall provide such items to City promptly upon completion of this Agreement. City acknowledges that such Work Product is not intended or represented to be suitable for use unless completed by Consultant, or for use or reuse by City or others on extensions of the Services or Work under this Agreement, or for any other use or purpose, without written verification or adaptation by Consultant. Any such use, reuse, or any modification of the Work Product, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants.

C. Any information gained by Consultant in the performance of this Agreement shall be considered confidential and such information and the reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly or to any other client of Consultant without the prior written approval of the City Manager.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15065
2671/012225-0101
18679307.4 a07/19/23 -5-

8. INDEMNIFICATION
A. To the fullest extent permitted by law, except as set forth in subparagraph (B), Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold harmless City and City Personnel from and against any and all claims, actions, suits, claims, demands, judgments, attorneys’ fees, costs, damages, losses, penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of, or pertaining to, Consultant’s negligence, recklessness, or willful misconduct, whether or not there is concurrent active or passive negligence on the part of City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorneys’ fees incurred in connection therewith. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the Work being performed or Services being provided under this Agreement, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorneys’ fees and expert witness fees. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost requirement owed to City.

B. The provisions of this subparagraph (B) apply only if Consultant is a “design professional” within the meaning of California Civil Code section 2782.8(c). If Consultant is a “design professional,” within the meaning of Section 2782.8(c), then notwithstanding subparagraph (A), to the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel acceptable to City), indemnify, and hold harmless City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant’s performance of any task or Service for or on behalf of City under this Agreement.

Such obligations to defend, hold harmless, and indemnify City or any City Personnel, shall not apply to the extent that such Claims are caused, in part, by the sole negligence or willful misconduct of City or City Personnel. Consultant’s cost to defend City and/or City Personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to California Civil Code section 2782.8(a), in the event that one or more of the defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City Personnel under this subparagraph (B), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15166
2671/012225-0101
18679307.4 a07/19/23 -6-
C. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts, errors, omissions, or willful misconduct, in performing or failing to perform Consultant’s obligations under this Agreement. City in its sole and absolute discretion, may withhold any payment due to Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or withhold shall not act as a waiver of Consultant’s obligation to pay City any sums Consultant owes City.

9. INSURANCE
Without limiting Consultant’s indemnification obligations of City as set forth in this Agreement, and prior to the commencement of Work, Consultant shall obtain, provide, and maintain, at its own expense, during the entire term of this Agreement including any extension thereof, policies of insurance of the type and amounts described in Exhibit B and in a form satisfactory to City.

A. No Work or Services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance evidencing the required insurance coverages and said Certificates of Insurance are reasonably approved by City. Certificates are to reflect that the insurer will provide thirty (30) days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or cancelled for any reason, Consultant shall, prior to the cancellation date, submit new evidence of insurance.

B. The provisions of any workers’ compensation or similar law will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

C. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve City.

D. The City’s Director of Administrative Services shall have the authority to adjust or amend the insurance requirements in Exhibit B of this Agreement so long as such amendment or adjustment is agreed to in writing by the Parties.

10. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, officials, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15267
2671/012225-0101
18679307.4 a07/19/23 -7-
employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

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

11. NO UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Consultant further warrants that it has not employed or retained any company or person other than a bona fide employee working for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Services performed under this Agreement.

13. COVENANT AGAINST DISCRIMINATION
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, gender, gender identity, gender expression, physical or mental disability, age, military status, marital or familial status, sexual orientation, national origin, or ancestry.

14. NONLIABILITY OF CITY OFFICERS AND EMPLOYEES
No City Personnel shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15368
2671/012225-0101
18679307.4 a07/19/23 -8-

15. NOTICES
Any notices which either Party may desire to give or may be required to give to the other Party under this Agreement must be in writing and may be given either by (a) personal service; (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery; (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice; or (d) e-mailing the notice to the e-mail addresses as set forth below:

If to City: City of Duarte
City Manager’s Office
Attn: Brian Villalobos
1600 Huntington Drive
Duarte, California 91010
[email protected]
If to Consultant: HdL Companies
Attn: Ajay Kolluri
120 S. State College Blvd., Ste. 200
Brea, CA 92821
[email protected]

16. GOVERNING LAW; ATTORNEYS’ FEES; LITIGATION MATTERS
The internal laws of the State of California, without regard to principles of conflicts of laws, shall govern the interpretation of this Agreement. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Consultant be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the Parties concerning this Agreement. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

17. RIGHTS AND REMEDIES ARE CUMULATIVE; WAIVER
A. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15469
2671/012225-0101
18679307.4 a07/19/23 -9-
B. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. SEVERABILITY
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to give effect to the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be performed as originally contemplated to the greatest extent possible.

19. INTERPRETATION; ENTIRE AGREEMENT
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to the obligations of the Parties described in this Agreement, are merged into this Agreement and shall be of no further force or effect.

20. CONFLICTS OF INTEREST
Consultant represents, warrants, and covenants that he, she, or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (California Government Code section 87100 et seq.), City may determine Consultant to be a “consultant” as that term is defined by the Political Reform Act. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15570
2671/012225-0101
18679307.4 a07/19/23 -10-

21. NO THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

22. PARAGRAPH HEADINGS AND SUBHEADINGS
The paragraph headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

23. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

24. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the Parties represent and warrant that (i) such Party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

25. CITY MANAGER AUTHORITY
City’s City Manager shall have the authority to make non-material changes, non-material amendments, or clerical edits to this Agreement on behalf of the City. [Signatures on following page.]
DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15671
2671/012225-0101
18679307.4 a07/19/23 -11-
IN WITNESS WHEREOF, the City Council of the City of Duarte caused the Agreement to be subscribed by its Mayor or City Manager and said Consultant has executed or caused this Agreement to be executed by its duly authorized officer(s).

CITY OF DUARTE
_________________________________
Brian Villalobos, City Manager
Date: _____________________________

CONSULTANT
HdL Companies
By: ______________________________
Its: ______________________________
Date: _____________________________
ATTEST
_________________________________
Annette Juares, City Clerk
Date: _____________________________

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
_________________________________
Thai Viet Phan, City Attorney
Date: _____________________________
DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 7/19/2023 | 11:27:57 AM PDT
President/CEO
Andrew Nickerson
15772
2671/012225-0101
18679307.4 a07/19/23

EXHIBIT A
Scope of Services
The specific scope of the report will be determined in consultation with the City but may include any or all of the following topics:
• Summary and overview of the ordinance
• Impacts on land use, including consistency with the City’s general plan, zoning and specific plans
• Likely demand for permitted uses
• Economic impacts, including impacts on other businesses • Lighting, noise, traffic and odor impacts
• Impacts on crime, safety and public health
• Fiscal impacts, including City costs and potential cannabis tax revenues Objective 1: Conduct a Ballot Measure Impact Analysis
Consultant HdL shall conduct an analysis of the potential impacts of the proposed ballot initiative to inform decision-making by the City Council. The analysis would seek to determine the types of impacts that may result from approval of the initiative and would include estimates for the gross receipts and tax revenue that may be generated from the cannabis business tax as well as estimates for City costs for services, administration and addressing other community impacts.

Objective 2: Attendance, Support or Presentations at Meetings or Workshops HdL shall attend a meeting of the City Council to provide a report and presentation on the analysis and to answer questions.

Objective 3: Technical Assistance and Subject Matter Expertise HdL will provide up to 20 hours of general consulting to be utilized on an as-needed basis at the City’s request. Such assistance may include technical assistance, subject matter expertise, education, monitoring of changes to State laws and regulations, participation in conference calls, responding to staff inquires via phone and email, reviewing staff reports to the City Council, assisting with responses to inquiries from the public, or other issues yet to be determined as requested by the City.

Scope of Service Objectives Estimated Cost
Objective 1: Conduct a Fiscal Analysis
Not to exceed 80 hours, billed at flat rate upon
completion
$22,000
Objective 2: Presentation of Analysis at City Council Meeting Includes preparation, attendance and follow up
$2,000
Objective 3: Technical Assistance and Subject Matter Expertise Assumes up to 20 hours @ $300/hr; billed at hourly rate $6,0001
DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15873
2671/012225-0101
18679307.4 a07/19/23 -2-
Travel (if and as needed for on-site meeting attendance) Hourly Rate2 TOTAL NOT TO EXCEED $30,000
1 Objective billed at hourly rate
2Or at a flat rate to be determined in consultation with the City DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 15974
2671/012225-0101
18679307.4 a07/19/23 -3-

EXHIBIT B
Insurance Requirements
A. Insurance Required
(1) Commercial General Liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(2) Automobile Insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connections with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers’ Compensation Insurance providing statutory benefits as required by California law.
(4) Employer’s Liability Insurance with limits in an amount not less than $1,000,000.
(5) Professional Liability or Errors and Omissions Insurance designed to protect against acts, errors, or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

B. All insurance policies required hereunder, except the workers’ compensation insurance, shall comply with the following requirements:
(1) All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best’s rating of A- or better and a minimum financial size VII in accordance with the latest edition of Best’s Key Rating Guide. (2) The policies shall be endorsed to name City and its officers, officials, employees, agents, and volunteers as additional insureds. (3) All of Consultant’s insurance: (i) shall contain no special limitations on the scope of protection afforded to the additional insureds; (ii) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Consultant’s insurance and shall not contribute with it; (iii) shall be “occurrence” rather than “claims made” insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall prohibit Consultant from waiving the right of subrogation prior to a loss except for professional liability; DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 16075
2671/012225-0101
18679307.4 a07/19/23 -4-
and (vi) shall not 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. (4) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days’ advance written notice of such change.

C. Consultant shall renew the required coverage annually as long as City or its employees or agents face an exposure from Consultant’s operations pursuant to this Agreement.

Termination of this obligation shall survive the termination or expiration of this Agreement and shall not be effective until City executes a written statement to that effect.

DocuSign Envelope ID: 5631CD9A-1FA6-479C-968E-B4DEB97A8388 16176

← All documents from this meeting