AGENDA REPORT
MEETING DATE: January 14, 2025
TO: Mayor and Members of the City Council
FROM: Manuel Enriquez, Director of Parks and Recreation SUBJECT: Notice of Completion: Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project (24-12) RECOMMENDATION: Staff recommends City Council authorize the Notice of Completion for the Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project in the amount of $116,462.
FISCAL IMPACT: Project budgeted in Fiscal Year 2024/25 from Park Improvements Capital line (400-4005-8041).
BACKGROUND
At the City Council meeting on June 25, 2024, the Council awarded the contract for the Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project (24-12) to Trueline Construction & Surfacing, Inc. for $116,462. The scope of the contract included providing all labor, materials, equipment, services, and other necessary elements to convert one tennis court into two permanent pickleball courts, resurface the second tennis court with markings for both tennis and pickleball, and replacing the aging chain-link fence and windscreens at Royal Oaks Park.
The newly upgraded courts officially reopened in late November, following the completion of the final project item, the installation of custom windscreens. Since then, the courts have been widely used by local pickleball and tennis enthusiasts.
RECOMMENDATION
Staff recommends City Council authorize the Notice of Completion for the Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project in the amount of $116,462.
FISCAL IMPACT
Project budgeted in Fiscal Year 2024/25 from Park Improvements Capital line (400-4005-8041).
Agenda Item: 12.J.
2 ATTACHMENTS
1. Notice of Completion
Fiscal Review: Reviewed and Approved:
Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
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
5. A work of improvement on the property hereinafter described was COMPLETED on November 19, 2024.
6. The work of improvement completed is described as follows: Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing.
7. The name of the original contractor, if any, for such work of improvement is: Trueline Construction & Surfacing, Inc.
8. The street address of said property is: 2627 Royal Oaks Drive
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 resurface and conversion of one tennis court to two permanent pickleball courts and resurface of one tennis court also striped with two games of pickleball, and replacement of all chain-link fencing and windscreens.
CITY OF DUARTE
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. ____________ at Duarte, California
Brian Villalobos, City Manager
AGENDA REPORT
MEETING DATE: January 14, 2025
TO: Mayor and Members of the City Council
FROM: Manuel Enriquez, Director of Parks and Recreation SUBJECT: Professional Services Agreement with Dahlin Group, Inc. for Design Services for the Duarte City Hall Building Façade Improvements Project.
RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Professional Services Agreement with Dahlin for design services related to the Duarte City Hall Building Façade Improvements Project, with a total amount not to exceed $40,000.
FISCAL IMPACT: The cost for Dahlin’s services will not exceed $40,000. Funding for this project is allocated in the Fiscal Year 2024/25 budget under Other Capital Improvements line (100-1610-8100).
BACKGROUND
After the completion of the conceptual design phase of the Civic Center Master Plan, the City Council adopted the Capital Improvement Program for Fiscal Years 2024/25 through 2028/29 containing a phased approach for façade improvements to each of the Civic Center’s municipal facilities.
DISCUSSION/ANALYSIS
As part of the approved Fiscal Year 2024/25 Capital Improvement Projects, façade improvements to the City Hall building are planned. The project aims to replace the over 40-year-old deteriorated siding while preserving the building's historical character. The updates will adhere to the conceptual design and feature new, low-maintenance materials that enhance durability. The scope includes replacing the exterior finishes, rainwater system, lighting, and signage, all of which will contribute to the overall aesthetic improvement of the Duarte Civic Center.
To assist the City in preparing the necessary construction documents for the project, including bidding and construction support services, staff recommends contracting with Dahlin. With 47 years of design expertise and over 70 municipal projects completed, Dahlin has a proven track record. Their notable projects include the Emerald Glen Recreation & Aquatic Complex for the City of Dublin, the Washington Community Swim Center in Sunnyvale, and the recent awarded Agenda Item:12.K.
2 Town Square project for the City of Lakewood. Additionally, the Dahlin team assigned to this project will consist of the same professionals who have been collaborating with City staff on the Fitness Center Pool Deck Renovation, currently under plan check, ensuring a smooth and successful completion of this project.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into a Professional Services Agreement with Dahlin for design services related to the Duarte City Hall Building Façade Improvements Project, with a total amount not to exceed $40,000.
FISCAL IMPACT
The cost for Dahlin’s services will not exceed $40,000. Funding for this project is allocated in the Fiscal Year 2024/25 budget under Other Capital Improvements line (100-1610-8100).
ATTACHMENTS
1. Professional Services Agreement
Fiscal Review: Reviewed and Approved:
Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
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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 Dahlin Group, Inc. 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 the necessary construction documents for the Duarte City Hall Building façade improvements project 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 August 29, 2025, 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 complete all necessary construction documents that will set forth the information required for construction of the project. Services include assessment and schematic site plan design, construction plans, project specifications, bidding assistance and some construction administration. The services are 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
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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 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
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(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 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 Parks and Recreation 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 Daniel Berghauser, Project Manager, 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 $40,000, based on the Scope of Services set forth in Exhibit A.
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
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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.
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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.
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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, 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.
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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.
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; or (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:
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If to City: City of Duarte
Department of Parks & Recreation
Attn: Manuel Enriquez
1600 Huntington Drive
Duarte, California 91010
If to Consultant: Dahlin Group, Inc.
Attn: Daniel Berghauser
505 Technology Drive, Suite 200
Irvine, CA 92618
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.
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.
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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.
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.
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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.]
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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
_________________________________
City Manager
Date: _____________________________
CONSULTANT
_________________________________
_________________________________
By: ______________________________
Its: ______________________________
Date: _____________________________
ATTEST
_________________________________
City Clerk
Date: _____________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
_________________________________
City Attorney, City of Duarte
Date: _____________________________
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EXHIBIT A
Scope of Services
A. PHASE 10.0 – PRE-DESIGN – Not included in this agreement B. PHASE 10.1 – PROGRAMMING AND CONCEPT DESIGN – Not included in this agreement C. PHASE 10.2 – COMMUNITY & STAKEHOLDER OUTREACH – Not included in this agreement D. PHASE 30.0 – ASSESSMENT AND SCHEMATIC DESIGN
1. DAHLIN will attend one (1) on-site meeting with OWNER to review the overall PROJECT objectives, including scope, schedule, and requirements of governmental agencies having jurisdiction over PROJECT.
2. Measured Drawings: DAHLIN will generate as-built background drawings based on OWNER provided original as-built drawings with field verified measurements for documentation.
3. DAHLIN will provide written summary as a PROJECT scope description that includes relevant known conditions that may impact PROJECT objectives based on OWNER meeting above complementary to OWNER proved Conceptual Design Package Exhibit C. Exhibit C and written summary will become the Basis of Design in all further phases of PROJECT, unless revised according to terms provided herein.
4. DAHLIN will prepare Schematic Design documents to include the following:
a. Overall building plans;
b. Reflected Ceiling plan showing exterior materials and exterior light fixtures c. Exterior elevations showing exterior materials;
d. Schematic 3D massing model of the building’s exterior, including conceptual colors and materials to indicate design intent.
5. DAHLIN’s fee is based on an assumption of minor modifications to the Basis of Design.
Substantial revisions may require Additional Services.
6. DAHLIN will attend the following meetings as part of this Phase:
a. Up to one (1) on-site meeting with the CITY
b. Up to one (1) one-hour virtual meeting with CITY;
E. PHASE 30.1 – DESIGN REVIEW SUBMITTAL DOCUMENTS – Not included in this agreement .
F. PHASE 40.0 - DESIGN DEVELOPMENT– Not included in this agreement G. PHASE 50.0 - CONSTRUCTION DOCUMENTS
1. With OWNER’s written approval of the Schematic Design documents, DAHLIN will prepare Construction Documents that will set forth the requirements for construction of the PROJECT.
2. Construction Documents will be produced solely for use by a knowledgeable and experienced General Contractor. Any or part of all systems, materials, connections, and details not specifically provided in these plans are the sole and complete responsibility of the General Contractor to properly verify and install.
3. Construction Documents will reflect information required for general construction and building permit purposes. These documents will include:
a. Architectural Site Plan;
b. Building Floor Plan(s);
c. Building Reflected Ceiling Plan(s);
d. Building Exterior Elevation(s) (includes Architectural detail callouts to explain specific materials and methods);
e. Architectural Details;
f. Consultant documentation according to Exhibit B.
4. DAHLIN will provide PROJECT specifications that includes the Conditions of the Contract for Construction and Specifications in a “Master Spec” format to support the design documents.
Specifications for products may also be called out by notes on the plans and will be considered “or equal” to establish the general product standards for quality, finish and design intent. DAHLIN will work with OWNER to coordinate their construction / finish standards and general project specifications with OWNER’s required materials to be used on PROJECT.
For the architectural components of PROJECT, DAHLIN will coordinate with OWNER to include their appropriate sections onto the drawings.
5. DAHLIN will attend the following meetings as part of this Phase:
a. Up to four (4) one-hour virtual meetings with CITY;
H. PHASE 50.2 - GOVERNMENT AND AGENCY PLAN REVIEW – Not included in this agreement I. PHASE 60.0 – BIDDING
1. Bidding Assistance services will be provided by DAHLIN as requested by OWNER.
2. If required, advertising for and solicitation of construction bidders shall be provided by OWNER and is not included in DAHLIN’s Scope of Services.
3. DAHLIN will coordinate the reproduction of Construction Documents for distribution to CITY, construction bidders and others, as may be required for PROJECT.
4. During the Bidding phase, DAHLIN will participate in a pre-bid conference and the bidopening if requested, and will provide consultation as requested by OWNER for architectural opinions on the bids, methods, and cost of construction.
5. DAHLIN will also answer bidding questions, review substitution requests and issue addenda, and prepare additions and revisions to Construction Documents as clarifications for bid purposes as Additional Services.
6. OWNER and General Contractor will review and select subcontractor's bids, materials, finishes, fixtures, and items for PROJECT and is responsible for all issues of quality control and installation.
7. DAHLIN will attend the following meetings as part of this Phase:
a. Up to One (1) Pre-Bid Conference (Bid Walk);
J. PHASE 70.0 - CONSTRUCTION ADMINISTRATION
1. Prior to start of Construction, DAHLIN, OWNER, and General Contractor will have a preconstruction meeting to establish expectations for performance of Construction Administration and the scope of services described below. If the scope of services described below for Construction Administration are adjusted during or after this meeting, Additional Services may be required.
2. As the PROJECT proceeds into Construction, DAHLIN will provide Construction Administration services, limited to 52 hours of professional services. The scope and fee herein are based on an estimated four (4) month construction period. Services required beyond that period and/or beyond the estimated hours are Additional Services. Scope may include:
a. Interpretation of the documents and responding to Requests for Information (RFI’s); b. Reviewing and processing submittals limited to;
i. Review of initial submittal and one (1) re-submittal per product or material classification.
ii. Additional review of submittals are Additional Service. c. Issuing ASI’s and processing Change Orders as required; d. Construction Project meetings and site visits not to be provided unless requested at an additional cost.
e. PROJECT Completion:
i. DAHLIN will provide up to one (1) onsite visits for punch. Backpunch (2nd+ rounds) are not included;
ii. As-Designed Drawings: Compilation of DAHLIN’s designs for PROJECT including the original Construction Documents plus all addenda, Architect’s Supplemental Instructions, Change Orders, Construction Change Directives and minor changes in the work as appropriate to reflect the design changes.
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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) 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; 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.
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(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.
1 MEMORANDUM
TO: Mayor and Councilmembers
FROM: Annette Juarez, City Clerk
DATE: January 14, 2025
SUBJECT: APPROVAL OF CITY COUNCIL EXPENSES
Councilmember Margaret Finlay
January 1, 2025 - Purchase of I.T. equipment
Total: $1,687.22
AGENDA REPORT
MEETING DATE: January 14, 2025
TO: Mayor and Members of the City Council
FROM: Manuel Enriquez, Director of Parks and Recreation SUBJECT: Fitness Center Equipment Replacement Project: Updated Project Cost and Next Steps.
RECOMMENDATION: Based on the updated cost estimates for the Fitness Center Equipment Replacement project, staff is seeking further discussion and direction from the City Council on how to proceed with this approved project.
FISCAL IMPACT: A total of $35K is allocated in this fiscal year’s budget (100-1610- 8100) for the first phase of the Fitness Center Equipment Replacement project. However, depending on the City Council's direction, the fiscal impact could range from $23K to $78K
BACKGROUND
On June 11, 2024, the City Council approved the Fiscal Year 2024/25 Budget and Capital Improvement Program (C.I.P.), which allocated funds for the purchase of new exercise equipment for the Duarte Fitness Center. The project is budgeted over two fiscal years, 2024/25 and 2025/26, with a total allocation of $78,000. However, since staff received the initial project estimate and the budget was adopted, the equipment landscape within the facility and cost for the project implementation has changed.
DISCUSSION/ANALYSIS
The Fitness Center's current strength equipment was purchased in 1998, and the cardio machines were last updated in 2008. According to industry standards, equipment typically needs replacing every 7 to 10 years. While the initial plan was to start this capital improvement project by replacing all the cardio machines, shortly after the creation and adoption of this fiscal year's budget, two pieces of strength equipment were deemed unsafe and inoperable by the City’s fitness equipment service provider. As a result, staff removed them from the floor, leaving the remaining strength equipment in short supply. Additionally, upon further review of the originally quoted strength equipment to ensure it meets our needs, is cost-effective, and optimizes operations, staff determined it would be best to continue with Life Fitness, the current equipment supplier for the facility.
Agenda Item: 15.A.
2 After obtaining a new cost estimate from Advanced Fitness, a licensed Life Fitness distributor, the total cost for replacing all the equipment is now estimated at $134K, $56K more than the initial budgeted amount. This new pricing comes through a Sourcewell contract, which is competitively solicited on behalf of Sourcewell and its participating agencies, including the City of Duarte.
To specifically address the cardio equipment replacement planned for this year, the updated cost would be approximately $58K. This exceeds the $35K budgeted for the project by approximately $23K. The new cardio equipment quote is largely like-for-like with the current setup, with slight adjustments including one additional treadmill (totaling four), two ellipticals (reducing the count by one), the addition of a Heat Row machine, and the replacement of the existing Recumbent Lifecycle Bike, Upright Lifecycle Bike, and Stairmaster, totaling ten new cardio machines.
As for the strength equipment replacement scheduled for Fiscal Year 2025/26, the cost is projected at $76K, excluding any potential cost escalation. The current allocation for this portion of the project is $43K, resulting in a deficit of approximately $33K. This updated quote includes likefor-like replacements, with the addition of a new Hammer Strength Perimeter Dual Cable machine which will feature storage shelves for new kettlebells, a wooden box, slam balls, and resistance tubes and bands.
In addition, to maximize the functionality and safety of the exercise room within the Fitness Center, staff recommends replacing the entire flooring. Currently, the floor is a mix of carpet and Everlast composition rubber flooring. For the continued safety of members and staff, staff proposes replacing the entire space with Everlast Fitness Flooring, which is durable and slip-resistant and ideal for fitness environments. The estimated cost to replace the flooring throughout the entire room is $22K.
In total, to move forward with this project in its entirety, the cost would be approximately $156K.
Staff is bringing this project back before City Council for further discussion and seeking direction on the appropriate next steps to ensure timely implementation of this capital improvement project.
RECOMMENDATION
Based on the updated cost estimates for the Fitness Center Equipment Replacement project, staff is seeking further discussion and direction from the City Council on how to proceed with this approved project.
FISCAL IMPACT
A total of $35K is allocated in this fiscal year’s budget for the first phase of the Fitness Center Equipment Replacement project. However, depending on the City Council's direction, the fiscal impact could range from $23K to $78K.
Fiscal Review: Reviewed and Approved:
Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
AGENDA REPORT
MEETING DATE: January 14, 2025
TO: Mayor and Members of the City Council
FROM: Brian Villalobos, City Manager
BY: Annette Juarez, City Clerk
SUBJECT: Annual Appointment of City Councilmembers to Intergovernmental Organizations
RECOMMENDATION: It is recommended that the City Council make appointments to intergovernmental organizations for the upcoming year
FISCAL IMPACT: None
BACKGROUND
Each year, the City Council appoints individual Councilmembers to serve as either a Delegate, Representative, Director or Alternate to numerous intergovernmental organizations. A list of current appointees to these intergovernmental organizations is attached to this staff report.
DISCUSSION/ANALYSIS
The departure of Councilmember Schulz has created either a City Representative/Delegate or Alternate vacancy to the following intergovernmental organizations:
• Community Education Council: Representative
• Duarte Education Foundation: Alternate
• Foothill Gold Line JPA (Phase II): Alternate
• SGV Council of Governments: Delegate
• SGV Council of Government Homelessness Committee: Delegate • Upper San Gabriel River Working Group: Representative With the recent City Council reorganization, the appointee to the City Selection Committee and the Los Angeles County Sanitation District #15 and #22 delegates will be reassigned to Mayor Garcia. The City Council may also choose to change the City’s Representative/Delegate and/or Alternate to intergovernmental organizations for which a current vacancy does not exist.
Agenda Item: 15.B.
2 RECOMMENDATION
It is recommended that the City Council make appointments to intergovernmental organizations for the upcoming year.
FISCAL IMPACT
None.
ATTACHMENT
A. List of Duarte City Council Intergovernmental Organizations and Appointees Fiscal Review: Reviewed and Approved:
Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
Meetings date and time may vary City Manager Representative Collaborates with the Area D coordinator and other cities to prepare for disaster management (trainings / protocols) Full Council Alternate 3rd Wednesday - 6:00 p.m. Toney Lewis Delegate
Provides opporunities for contracted cities to network, educate, and access partnerships, while promoting collaborative governance Full Council Alternate 3-4 times a year, at the call of the Chairman Vinh Truong Delegate Consists of the mayor of each city within LA County and appoints representatives to such boards, commissions, and agencies such as LAFCO, LA County Metropolitain transporation Authority, ect. Full Council Alternate Jody Schulz Representative
Tera Martin Del Campo Alternate
Last Monday of the month - 7:00 p.m. Tera Martin Del Campo Delegate Provides community services, activites, resources, and aid to members of the community through the coordination of non-profit organization Cesar Garcia Alternate Meetings date and time may vary - dependent on outside factors, events, etc. Vinh Truong Delegate
Provides community services, resources and aid to individuals and families in Duarte through the alliance and generosity of local businesses and community members Toney Lewis Alternate
1st Monday - 6:00 p.m. Margaret Finlay Delegate
Non-profit fundraising corporation organized by community members to enrich schools and community facilities; provides financial support to enhance the quality of education received by DUSD students Jody Schulz Alternate Quarterly - date and time may vary Vinh Truong Delegate Provides workforce development, training, and education to potential employees and gives businesses access to a qualified, employable workforce Samuel Kang Alternate
Friday, May 31, 2024 – Annual Governing Board Meeting 2024 Foothill Transit Chats Update Meetings - Schedule:
Friday, January 26, 2024
Friday, March 29, 2024
Friday, August 30, 2024
Friday, October 25, 2024
Cesar Garcia Delegate
Elects representative to executive board and discusses Foothill Transit developments pertaining to the City and neighboring areas Tera Martin Del Campo Alternate 2nd Thursday - 12:30 p.m. Tera Martin Del Campo Delegate Provides discussion and input regarding planning, funding, design, and contruction of the Foothill Gold Line Jody Schulz Alternate Annual Meeting - July Magaret Finlay Delegate
Serves on the Authority's Board of Directors to ensure that agency members are represented in its governance; business and affairs of the JPIA are considered City Manager/ Full Council Alternate
COMMUNITY EDUCATION COUNCIL
Duarte City Council - Intergovernmental Organizations
DUARTE COMMUNITY SERVICE COUNCIL
DUARTE EDUCATION FOUNDATION
FOOTHILL EMPLOYMENT AND TRAINING CONSORTIUM
FOOTHILL TRANSIT - $150/mtg
FOOTHILL GOLD LINE JPA (PHASE II) - $100/mtg
JOINT POWERS INSURANCE AUTHORITY
CALIFORNIA CONTRACT CITIES
AREA "D" EMERGENCY SERVICES
CITY SELECTION COMMIITTEE (COUNTY)
DUARTE COMMUNITY COORDINATING COUNCIL
1st Thursday - 7:00 p.m. Toney Lewis Delegate
Conducts affairs of the League, monitors and strengthens the organization's programs and resources, implements committes and offers to take on special assignments, and supports the League's vision, mission, and core beliefs Full Council Alternate
3rd Thursday - 4:00p.m. Jody Schulz Delegate
Discuss significant regional issues, implement policy direction adopted in the SGCOV Strategic Plan, and appoint committees to study specific policies and programs, all to better the communities that comprise the San Gabriel Valley Tera Martin Del Campo Alternate
3rd Wednesday - 1:00 p.m. Vinh Truong Delegate
Studies environmental, energy and natural resources issues of regional significance and provides policy direction to the SGVCOG Governing Board
1st Wednesday - 8:00 a.m. Jody Schulz Delegate
Studies programs and matters pertaining to regional homelessness issues and provides policy direction to the SGVCOG Governing Board 2nd Thursday - 4:00 p.m. Samuel Kang Delegate
Studies programs and matters pertaining to the regional issues of mobility, air quality, and transportation control measures and provides policy direction to the SGVCOG Governing Board
Meetings date and time may vary - dependent on outside factors, major events, etc. Vinh Truong Delegate
Discusses economic partnerships across sectors of education, entertainment, healthcare, transportation among 31 cities that comprise the San Gabriel Valley Cesar Garcia Alternate
2nd Friday - 7:00 a.m. Margaret Finlay Delegate
Engages in meetings concerning mosquito borne diseases within the San Gabriel Valley and reviews the operations of the District 4th Wednesday - 1:30 p.m. Vinh Truong Delegate
Engages in discussions pertaining to the construction, operation, and maintenance of collecting and treating wastewater, solid waste management, and converting waste into resources Margaret Finlay Alternate Regional Council Meetings - 1st Thursday - 12:00 p.m.
Annual General Assembly Meeting - April / May Margaret Finlay Delegate Conducts affairs of the SCAG and implements policy direction provided at the annual General Assembly meeting, acts upon policy recommendation from SCAG policy committees and external agencies, appoints committees to study specific problems/programs, and directions the actions of the agency thoughtout the year
Quarterly Meetings - date and time varies Jody Schulz Representative An informal body consisting of representatives from the Cities of Duarte, Irwindale, and Azusa for the purpose of addressing homelessness in the San Gabriel Riverbed.
SGV COG - TRANSPORTATION COMMITTEE
LEAGUE OF CALIFORNIA CITIES
SGV COUNCIL OF GOVERNMENTS - $50/mo
SGV COG - ENERGY, ENVIRONMENT, NATURAL RESOURCES COMMITTEE
SGV COG - HOMELESSNESS COMMITTEE
UPPER SAN GABRIEL RIVER WORKING GROUP
SGV ECONOMIC PARTNERSHIP
SGV VECTOR CONTROL DISTRICT - $100/mo
SANITATION DISTRICTS #15 AND #22 - $250/mo
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT
AGENDA REPORT
MEETING DATE: January 14, 2025
TO: Mayor and Members of the City Council
FROM: Larry Breceda, Director of Public Safety
SUBJECT: Resolution Proclaiming the Existence of a Local Emergency RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 25- 02 proclaiming the existence of a local emergency due to extreme weather conditions, power outages, and wildfire risks, as described in the resolution.
FISCAL IMPACT: Approval of the resolution will enable the City to seek financial assistance under the California Disaster Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
This assistance may cover eligible expenses incurred by the City for response, recovery, and mitigation efforts.
BACKGROUND
California Government Code Section 8630 and Duarte Municipal Code Ordinance No. 287 authorize the City Council to proclaim the existence of a local emergency when conditions of extreme peril arise. On January 6, 2025, the National Weather Service issued a Particularly Dangerous Situation (PDS) Red Flag Warning for the San Gabriel Valley foothill communities.
This warning predicted widespread, life-threatening winds with gusts reaching up to 100 mph.
On January 8, 2025, President Joseph R. Biden, Jr. approved a Presidential Major Disaster Declaration (DR-4856) for Los Angeles County due to wildfires and straight-line winds. These events created hazardous conditions within the City of Duarte, including power outages, downed trees and utility infrastructure, blocked roadways, and the Eaton Fire, which prompted evacuation warnings for 749 households.
DISCUSSION/ANALYSIS
The extreme weather and resulting events have created conditions of extreme peril to the safety of persons and property within the City of Duarte. Specific impacts include:
1. Life-Threatening Winds and Power Outages:
• Sustained winds of 35-60 mph with gusts up to 100 mph caused widespread damage starting at 2:00 p.m. on January 7, 2025.
Agenda Item: 15.C.
2 • Trees and power lines were downed, leaving the city without power, affecting emergency response and public safety.
2. Obstructions to Public Safety and Emergency Services:
• Downed trees and utility infrastructure blocked roadways, limiting ingress and egress for emergency personnel and equipment.
• Traffic signals became inoperable, creating additional public safety risks.
3. Eaton Fire Evacuations:
• The fire ignited during peak wind conditions on January 7, 2025, and prompted evacuation warnings for the northeast portion of the city, affecting 749 households and 2,288 residents.
4. Impact on the Local Economy:
• Deliveries were hindered, businesses were forced to close due to lack of power, and roadway obstructions severely affected economic activity.
Given these conditions, the situation is beyond the control of the City’s available resources.
Proclaiming a local emergency allows the City to access state and federal assistance and coordinate response and recovery efforts more effectively.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 25-02 proclaiming the existence of a local emergency in the City of Duarte. The resolution provides the framework for:
• Coordinating with the California Governor’s Office of Emergency Services and FEMA for disaster relief and recovery.
• Requesting the Governor’s assistance and waiver of regulations hindering response and recovery efforts.
FISCAL IMPACT
Adoption of the resolution will support the City’s efforts to obtain reimbursement for eligible expenses related to emergency response, recovery, and mitigation through federal and state programs.
ATTACHMENTS
A. Resolution No. 25-02 Proclaiming the Existence of a Local Emergency B. National Weather Service PDS Red Flag Warning (January 6, 2025) Fiscal Review: Reviewed and Approved:
Kristen Petersen Brian Villalobos
Assistant City Manager/ City Manager
Director of Administrative Services
RESOLUTION NO. 25-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE
PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, California Government Code 8630, et seq, and Ordinance No. 287 of the Duarte Municipal Code provide that the Duarte City Council (City Council) may proclaim the existence of a local emergency when the City of Duarte (City) is affected or likely to be affected by public calamity; and
WHEREAS, the City Council has been requested by the Director of Emergency Services to proclaim the existence of a local emergency therein; and WHERAS, on January 6, 2025, the National Weather Service (NWS) issued a Particularly Dangerous Situation (PDS) Red Flag Warning for the foothill communities in the San Gabriel Valley which went into effect at 12:00 p.m. on Tuesday, January 7, 2025 to 4:00 p.m. on Wednesday, January 8, 2025. Widespread, life threatening, destructive winds were forecasted to reach sustained speeds of 35-60 mph, damaging gusts of 50-80 mph, with isolated gusts of 80-100 mph; and
WHERAS, on January 8, 2025, President Joseph R. Biden, Jr. approved a Presidential Major Disaster Declaration (DR-4856) for areas in Los Angeles County affected by wildfires and straight-line winds; and
WHEREAS, said City Council does hereby find the following:
1. That conditions of extreme peril to the safety of persons and property have arisen within the City, caused by the life threatening, destructive winds and a city-wide power outage which began at 2:00 p.m. on January 7, 2025.
2. That as a result of the life threatening, destructive winds, several public and private trees were downed, which took down electric utility infrastructure, including power lines, and blocked roadways, affecting ingress and egress routes for public safety and emergency response personnel and equipment, and rendered traffic signals inoperable.
3. That at 6:23 p.m. on January 7, 2025, during the strong, damaging wind event, the Eaton Fire ignited. As a result of the fire, the north east portion of the City was placed in an Evacuation Warning, affecting 749 households and 2,288
4. That these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Duarte; and
5. That aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.
6. The extreme weather and resulting conditions significantly disrupted local economic activities. Deliveries were delayed, businesses were forced to close due to power outages, and blocked roadways further compounded challenges, leading to substantial economic losses across the City.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Duarte.
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of this city shall be those prescribed by state law, by ordinance, and resolutions of the City and approved by the City Council.
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in Los Angeles County; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Duarte, State of California.
PASSED, APPROVED AND ADOPTED this 14th day of January 2025. _________________________________
Cesar A. Garcia
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 hereby certify that the foregoing resolution, Resolution No. 25-02, was duly passed, approved and adopted by the City Council of the City of Duarte at a regular meeting held on the 14th day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Annette Juarez
City Clerk
Interactive NWS Alert
Event continued: Fire Weather Watch for Home Alerts
Sent via email and SMS at 1155 am PST, Jan 6th 2025
Radar valid at 402 pm PST, Jan 9th 2025
...LIFE THREATENING, DESTRUCTIVE, WIDESPREAD WINDSTORM TUESDAY
AFTERNOON THROUGH WEDNESDAY MORNING FOR PORTIONS OF LOS
ANGELES AND EASTERN VENTURA COUNTIES-- WITH LONG DURATION OF
RED FLAG CONDITIONS INTO THURSDAY-- POSSIBLY EXTENDING INTO FRIDAY... ...RED FLAG WARNINGS IN EFFECT FOR LOS ANGELES COUNTY AND MUCH OF VENTURA COUNTY---SEE TIMINGS IN HEADLINES BELOW... ...RED FLAG WARNING ISSUED FOR SANTA BARBARA MOUNTAINS
INCLUDING EASTERN SANTA YNEZ RANGE TUESDAY INTO WEDNESDAY... .Offshore winds are now expected to develop rapidly early Tuesday morning, leading to an earlier start time of the Red Flag Warning for many areas. Confidence is high for a life threatening, destructive, widespread windstorm with dangerous fire weather conditions Tuesday afternoon through Wednesday morning, especially focused on the San Gabriel mountains and foothills, San Gabriel Valley, San Fernando Valley, Hollywood/Beverly Hills, coastal areas adjacent to the Sepulveda Pass, Simi Valley, and Santa Monica mountains into Malibu. Strong mountain wave wind activity will
likely impact many of these areas, resulting in very strong, erratic, and damaging wind gusts, capable of widespread downed trees/powerlines, as well as widespread power outages. This windstorm will likely be as destructive as the 2011 windstorm that impacted Pasadena and nearby San Gabriel Valley foothills. While the longer duration of strong winds is expected to be focused across Los Angeles and Ventura counties, there is now expected to be a shorter duration of Red Flag conditions across the mountains of Santa Barbara county Tuesday into Wednesday. Long duration Red Flag Warnings are in effect for much of Los Angeles and Ventura counties Tuesday through Thursday, with Fire Weather Watches in effect Thursday night into Friday. This is a high end Red Flag event. Any new fires will have a high risk for very rapid fire spread and large fire growth, extreme fire behavior, and long range spotting.
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Santa Clarita Valley-Central Ventura County Valleys-Malibu CoastWestern Santa Monica Mountains Recreational AreaEastern Santa Monica Mountains Recreational AreaCalabasas and Agoura Hills-Western San Fernando ValleyEastern San Fernando Valley-Southeastern Ventura County ValleysSouthern Ventura County Mountains-Interstate 5 CorridorLos Angeles County San Gabriel Valley1155 AM PST Mon Jan 6 2025 ...RED FLAG WARNING NOW IN EFFECT FROM 4 AM TUESDAY TO 6 PM PST
THURSDAY FOR STRONG/DAMAGING NORTH TO NORTHEAST WINDS AND LOW
RELATIVE HUMIDITY FOR MUCH OF LOS ANGELES AND VENTURA
COUNTIES...
...FIRE WEATHER WATCH REMAINS IN EFFECT FROM THURSDAY EVENING
THROUGH FRIDAY AFTERNOON FOR POTENTIAL WEAK TO MODERATE
OFFSHORE
WINDS AND LOW RELATIVE HUMIDITY FOR MUCH OF LOS ANGELES AND VENTURA COUNTIES...
* WINDS...Very strong/damaging north to northeast winds Tuesday into Wednesday, likely peaking in many areas between Tuesday afternoon and Wednesday morning when there is a high risk for strong mountain wave wind activity. During this peak, sustained winds of 35 to 50 mph and widespread damaging gusts of 50 to 80 mph can be expected. Strongest winds likely across the Highways 118 and 210 corridors, including the foothills of the San Gabriel/San Fernando Valleys, and Simi Valley where very powerful and destructive wind gusts of 80 to 100 mph will be likely. Some particular location of greatest concern include Sylmar, Porter Ranch, San Fernando eastward to foothill communities such as La Crescenta, Altadena, Monrovia, Azusa. and Glendora. Moderate north to northeast winds will likely persist Thursday with gusts of 30 to 50 mph, with some weakening possible by Friday.
* RELATIVE HUMIDITY...Humidities 20 to 30 percent early Tuesday
morning, falling to 10 to 20 percent by late Tuesday
afternoon/evening. Humidities will potentially fall to single digits in some areas from Wednesday into Friday.
* IMPACTS...If fire ignition occurs, conditions are favorable for very rapid fire spread and extreme fire behavior, including long range spotting, which would threaten life and property. There will be a high risk for widespread downed trees and powerlines, as well as widespread power outages.
* ADDITIONAL DETAILS...Confidence is high that this will likely be a widespread destructive windstorm across portions of Los Angeles and Ventura counties with dangerous fire weather conditions. This will likely be the most destructive windstorm since the 2011 windstorm that did extensive damage to Pasadena and nearby foothills of the San Gabriel Valley.
PRECAUTIONARY/PREPAREDNESS ACTIONS...
A Red Flag Warning means that critical fire weather conditions are either occurring now, or will shortly. Use extreme caution with anything that can spark a wildfire. Residents near wildland interfaces should be prepared to evacuate if a wildfire breaks out. See readyforwildfire.org and wildfirerisk.org for
information.
A Fire Weather Watch means that critical fire weather conditions are likely to occur in the coming days. Residents near wildland interfaces should prepare now on what to do if a wildfire breaks out. See readyforwildfire.org and wildfirerisk.org for
information..
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