Glendale City Council
May 9, 2023

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In

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(ADA)

of

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language

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days)

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regarding

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translation

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services.

All

documents
related

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items

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agenda

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prior

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meeting,

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public

records,

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available

for

review

in

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Office

of

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City

Clerk,

613

E.

Broadway, RM 110, Glendale, CA 91206.

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request

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contacting

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Clerk’s

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meeting.

Please

specify
the

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which

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translation.

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exclusive

use

of

City

provided

interpreters

is

not
required and persons are welcome to use their own interpreter or speak in their native language.

MAY 9, 2023

ROLL CALL

1. CLOSED SESSION
– 1:00 PM ( To Commence at 3:00 PM)
a.

Public Employee Performance Evaluation: City Manager
b.

Public Employee Performance Evaluation: City Attorney
c.

Conference with Legal Counsel - Pending Litigation: Hayrapet v. City of Glendale,

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L.A.S.C. Case No. 21STCV12455
d.

Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Jason Bradford, Paula Adams, Aymee Martin, Mark Young and Peter Brown. The name of the employee organization is I.B.E.W., Local 18, Unit 40.

2. REGULAR BUSINESS AGENDA
– 6:00 PM
Roll Call
a.

Flag Salute: Mayor Dan Brotman
b.

Invocation: Steve Wiebe, First Presbyterian Church of Glendale c.

Report of City Clerk, re: Posting of Agenda. The Agenda for the May 9, 2023 Regular Meeting of the Glendale City Council was Posted on Thursday, May 4, 2023, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, May 16, 2023 b.

Mayor’s Commendation for the 2023 Children’s Bookmark Contest Winners c.

EMS Week Proclamation

4. CONSENT ITEMS
(Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a.

City Clerk, re: Minutes of the Regular City Council Meeting of May 2, 2023 b.

Libraries, Arts, and Culture, re:

Acceptance of Grant Funds for Lunch at the Library
Summer 2023 and
Glendale Parks and Nature Literacy Program

1. Motion accepting $54,702 in California State Library funds to support Lunch at the Library Summer 2023 program and Parks and Nature Literacy program; and authorizing the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding

2. Resolution appropriating $54,702 from the California State Library c.

Human Resources, re: Workers’ Compensation Alternative Dispute Resolution Program - Agreement Between the City and Glendale Firefighters’ Association (GFFA)

1. Resolution approving and adopting a Labor Management Workers’ Compensation Alternative Dispute Resolution Agreement Between the City of Glendale and Glendale Firefighters’ Association (GFFA)

5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES

8. ACTION ITEMS
a.

Libraries, Arts, and Culture, re: Professional Services Agreement with The ACE Agency, Inc. to strategically perform communication, marketing, branding, and

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public relations services for arts and cultural events, exhibits and public art in the City of Glendale

1. Motion authorizing the City Manager, or a designee, to enter into and execute a Professional Services Agreement— subject to approval by the City Attorney— with The ACE Agency, Inc. in an amount not to exceed $500,000 dispersed throughout four fiscal years (FY 2023/24, FY 2024/25, FY 2025/26, FY 2026/27) from the Urban Art Program Fund, to strategically perform communication, marketing, branding, and public relations services for arts and cultural events, exhibits and public art in the City of Glendale
b.

City Manager, re: FY 2023-34 City Council Workplan and Council Follow-up List

1. Motion to approve FY 2023-34 Workplan

2. Motion directing staff regarding the Council Follow-up List

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes.

Council May Question or Respond to The Speaker But There Will be no Debate or Decision.

The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.

13. NEW BUSINESS

14. ADJOURNMENT

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1 M I N U T E S

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
May 2, 2023

ROLL CALL-

1. CLOSED SESSION – 3:12 P.M.
a.Conference with Legal Counsel – Anticipated Litigation: Significant exposure litigation pursuant to paragraph subdivisions (d)(2) and (e)(2) of Section 54956.9:

Two (2) potential cases
b.Conference with Legal Counsel - Pending Litigation: California Rifle & Pistol Association, Incorporated, et al., v. City of Glendale, et al., USDC Case No. 2:22- cv- 07346-SB-JC
c.Conference with Legal Counsel - Pending Litigation: McKeehan v. City of Glendale, L.A.S.C. Case No. BC718377
d.Conference with Legal Counsel - Pending Litigation: Friends of Rockhaven v.

City of Glendale, L.A.S.C. Case No. 23STCP01092
e.Public Employee Performance Evaluation: City Manager
f.Public Employee Performance Evaluation: City Attorney g.Conference with Legal Counsel - Pending Litigation: Khorshidian v. City of Glendale, L.A.S.C. Superior Court Case No. 20STCV14608
City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to closed session at 3:15 p.m.

2. REGULAR BUSINESS AGENDA – 6:00 PM
Roll Call- All Present
a.Flag Salute: Councilmember Najarian
b.Invocation: Suzie Abajian, City Clerk
c.Report of City Clerk, re: Posting of Agenda. The Agenda for the May 2, 2023 Regular Meeting of the Glendale City Council was Posted on Wednesday, April 26, 2023 on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.Agenda Preview for the Meetings of Tuesday, May 9, 2023 Assistant City Manager John Takhtalian provided the preview. b.Proclamation Designating April 23, 2023 to April 29, 2023 as Medical Laboratory Professionals’ Week
Philippine Association of Medical Technologists – USA President-Elect Vee Trinidad and Past President of Southern California Chapter Christian Pablico c.Proclamation Designating May 2023 as Older Americans Month Maggie Kavaryan, Community Services Manager
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None
None
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Ayes:

Noes:

Absent:

Abstain:

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None
None
None
Ayes:

Noes:

Absent:

Abstain:

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None
None
None
Ayes:

Noes:

Absent:

Abstain:

4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.

Item 4b pulled for separate consideration.
a.City Clerk, re: Minutes of the Regular City Council Meeting of April 11, 2023, Regular City Council, Special City Council, and Joint City Council and Housing Authority Meetings of April 18, 2023, and Special City Council Meeting of April 25, 2023
Moved: Najarian Seconded: Devine
b.Community Services and Parks, re: Verdugo Workforce Development Board’s Local Workforce Development Plan 2021-2024 Modification and its submission to the California Workforce Development Board and the State of California Employment Development Department
Staff Comments:

Judith Velasco, Workforce Development Administrator
Roubik Golanian, City Manager

1. Motion to approve the Verdugo Workforce Development Board’s Local Workforce Development Plan 2021-2024 Modification; its submission to the California Workforce Development Board and the State of California Employment Development Department
Moved: Asatryan Seconded: Devine

2. Motion to authorize the Mayor and City Manager or a designee to execute all relevant documents with the State of California, and the United States Department of Labor for the plan’s approval, implementation, and use Moved: Najarian Seconded: Devine
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None
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Ayes:

Noes:

Absent:

Abstain:

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None
None
None
Ayes:

Noes:

Absent:

Abstain:
4e1Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Najarian, Brotman
None
None
None
Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Najarian, Brotman
None
None
None
Ayes:

Noes:

Absent:

Abstain:
c.Public Works, re: Fiscal Year 2023-24 SB1 Project List for Senate Bill 1 (SB1), the Road Repair & Accountability Act of 2017

1. Resolution 23-51 adopting the Fiscal Year 2023-24 SB1 Project List, the Road Repair & Accountability Act of 2017
Moved: Najarian Seconded: Devine
d.Public Works, re: Fiscal Year 2023 Americans with Disabilities Act (ADA) Curb Ramp Installation and Sidewalk Repair Program

1. Resolution 23-52 adopting the Plans and Specification for the Fiscal Year 2023 Americans with Disabilities Act (ADA) Curb Ramp Installation and Sidewalk Repair Program, Specification No. 3913R, and Plan Nos. 1-3097, 1-3099, 2-409 and 23-19 and directing the City Clerk to advertise for bids Moved: Najarian Seconded: Devine
e.Community Development, re: Appropriation of the California Governor’s Office of Emergency Services grant in the amount of $1.1 million for the Active Transportation, and Wildfire Prevention Infrastructure

1. Motion authorizing the City Manager or designee to execute Grant Agreement with the California Governor’s Office of Emergency Services (Cal OES) in the amount of $1,100,000
Moved: Najarian Seconded: Devine

2. Resolution 23-53 of Appropriation in the amount of $1,100,000 Moved: Najarian Seconded: Devine
f.City Clerk, re: Solicitation of a Legal Advertising Contract for the City of Glendale

1. Resolution 23-54 Adopting Specification No. 3944 and Directing the City Clerk to Advertise for Bids
Moved: Najarian Seconded: Devine
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4 5. CITY COUNCIL/STAFF COMMENTS
Councilmember Devine attended several events these past two weeks. She congratulated the Montrose Verdugo Craft Beer Fest 2023 for a well-attended event.

Devine and Mayor Brotman attended the Home Again LA fundraiser. The organization helps victims of domestic violence who are on the verge of homelessness. She congratulated CEO Albert Hernandez for a very successful event.

Councilmember Kassakhian visited the Verdugo Hills Boys Scout Rocket Academy Camp. He also attended the Filipino American Friendship Monument’s 1st Year Anniversary event together with the Philippine Consul General. He congratulated everyone involved in organizing the event. Kassakhian congratulated city staff for organizing all the events leading up to the commemoration of the Armenian Genocide. It was also the one-year anniversary of the Armenian film. The Genocide commemoration event at the Alex Theatre included the showing of clips from films that addressed the topics of the Armenian Genocide, Armenian survival, and the ongoing attempt at genocide in the region of Artsakh. Councilmember Kassakhian mentioned one of the film being Aurora’s Sunrise
Councilmember Asatryan attended the Earth Day Event at Pacific Park. She recommended having the event in the future at a location that has more foot traffic, specifically the Americana at Brand, to attract more attendees. She gave kudos to the Adams Hill Association for hosting an Earth Day event in their neighborhood. Asatryan announced the month of May is “Mental Health Awareness” Month. For mental health support, the public can call #988. She announced that the city’s 1st Annual Small Business Summit is coming up on May 16-18 and invited the public to go to www.chooseglendale.com for more information. The highlight of the event was an interview with Joe Manganiello who spoke about his Armenian heritage.

Mayor Brotman attended the Montrose Wine Walk where customers sample wines from various pour stations hosted by Montrose merchants and businesses. He thanked Elizabeth Harris from the Sustainability Division for holding a discussion at the Glendale Central Library called “Carbon Conversations.” Brotman stated that Ted Flanigan, a previous GWP Commissioner, also spoke at the Glendale Central Library on clean energy resources. Mayor Brotman also attended the Kiwanis Duck Splash at the Verdugo Park and the Solar Fair presented by the Sustainability Division and GWP held at Roosevelt Middle School. Brotman spoke about participating in a program with GUSD called “Principal for a Day” at the Verdugo Woodlands Elementary School.

Brotman announced that he is the city representative for the newly formed agency called the Burbank Glendale Pasadena Regional Housing Trust. The state has allocated $23M to the trust to help finance affordable housing projects in the three cities through the Joint Powers Authority outlined by Senator Portantino’s SB177.

Director of Community Development Bradley Calvert introduced the new Building Official, Ara Sargsyan and thanked Miroslav Lhotsky for stepping in as interim Building Official prior to Sargsyan’s appointment. Calvert provided a brief presentation on the Land Management System program. Assistant Chief Information Officer Hagop Hovsepian provided a brief presentation on the new Glendale Permits program.

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Mike Mohill
Liz Radley
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Absent:

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Asatryan, Devine, Kassakhian, Najarian, Brotman
None
None
None
Ayes:

Noes:

Absent:

Abstain:

Ramella Eraghi
Damian Sullivan

7. ADOPTION OF ORDINANCES
a.City Attorney, re: AN ORDINANCE 6006 OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA AMENDING SECTION 2.04.080 OF THE GLENDALE MUNICIPAL CODE, 1995, PERTAINING TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS (Kassakhian, 4/18/2023)
Moved: Devine Seconded: Asatryan
Staff Comment:

Mike Garcia, City Attorney

8. ACTION ITEMS
a.Glendale Water and Power, re: Professional Services Agreement with Ascend Analytics, LLC to Assist Glendale Water and Power with the Development of the City of Glendale 2024 Integrated Resource Plan (IRP)
Presenting:

Chie Valdez, Integrated Resource Planning Administrator Staff Comments:

Roubik Golanian, City Manager
Scott Mellon, Assistant General Manager/Power Management Mark Young, General Manager of GWP
Mike Garcia, City Attorney
Public Comments:

David Eisenberg
Kate Unger
Eric Hopeland
Jack Wolworth
Mike Mohill

1. Motion authorizing the City Manager, or his designee, to execute a Professional Services Agreement with Ascend Analytics, LLC (“Ascend”) to assist Glendale Water and Power (GWP) with the development of City of Glendale 2024 Integrated Resource Plan (IRP) in the not-to-exceed amount of $245,000 plus a fifteen percent (15%) contingency in the amount of $36,750
Moved: Asatryan Seconded: Najarian
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Ayes:

Noes:

Absent:

Abstain:
b.Community Development, re: Consideration of refinement of updating sign regulation pertaining to animated (digital) signs
Presenting:

Bradley Calvert, Director of Community Development
Staff Comments:

Roubik Golanian, City Manager
Kristen Asp, Principal Planner
Public Comments:

Alec Baghdasaryan
Liz Radley
Mike Mohill
Alexander Yesayan
Kassakhian asked staff to investigate how the chromaphone art digital installation was approved on a building on the 100 block of North Brand Blvd.

1. Motion to provide direction regarding code amendments to Chapter 30.33 of the Glendale Municipal Code to allow animated signs with specific criteria in limited areas
Moved: Asatryan Seconded: Kassakhian
c.City Attorney, re: Discussion of Council Districts and Directly Elected Mayor; Discussion of Potential Amendments to City Charter
Presenting:

Mike Garcia, City Attorney
Public Comments:

Mike Mohill
Karen Kwak
Allen Dish
David Eisenberg
Ramella Eraghi
Thomas O’Shaughnessy
Alexander Yesayan
Damien Sullivan

1. A Resolution of the Council of the City of Glendale, California Declaring Its Intent to Initiate Procedures for a Transition from At-Large to District-Based Council Member Elections Pursuant to Elections Code Section 10010 and Government Code Section 34886 and Proposed Amendments to the City Charter; and Approving a Tentative Timeline for Conducting Public Hearings, Formulating Proposed District Maps, Presenting a Draft Ordinance to Council for Decision, and Presenting Proposed Ballot Language for Charter Amendments to Transition to Districts and Create Position of Directly Elected Mayor 20 of 143

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Najarian
None
None
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Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Brotman
Najarian
None
None
Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Brotman
Najarian
None
None
Ayes:

Noes:

Absent:

Abstain:

2. A Resolution 23-55 of the Council of the City of Glendale, California Declaring Its Intent to Initiate Procedures for a Transition from At-Large to District-Based Council Member Elections Pursuant to Elections Code Section 10010 and Proposed Amendments to the City Charter; and Approving a Tentative Timeline for Conducting Public Hearings, Formulating Proposed District Maps, and Presenting Proposed Ballot Language for Charter Amendments to Transition to Districts and Create Position of Directly Elected Mayor
Moved: Kassakhian Seconded: Asatryan

3. A Resolution of the Council of the City of Glendale, California Declaring Its Intent to Initiate Procedures for a Transition from At-Large to District-Based Council Member Elections Pursuant to Elections Code Section 10010 and Government Code Section 34886; and Approving a Tentative Timeline for Conducting Public Hearings, Formulating Proposed District Maps, and Presenting a Draft Ordinance to Council for Decision

4. Motion Directing Staff Regarding Other Proposed Amendments to the City Charter Moved: Kassakhian Seconded: Asatryan

5. Resolution 23-56 of Appropriation for $55,000
Moved: Kassakhian Seconded: Asatryan

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.

Allen Dish
Nicholas Franklin
Edwin
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None
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Ayes:

Noes:

Absent:

Abstain:

13. NEW BUSINESS
a.Discussion of Request by Councilmember Asatryan to Agendize a Report and Discussion of Family Leave for City Employees Including Adoption, Fostering, Bonding Leave, Lactation Accommodations and Similar Categories Identified by the Human Resources Department, With a Discussion of Fiscal Impacts Staff Comment:

Mike Garcia, City Attorney

1. Motion to Agendize the Item
Moved: Asatryan Seconded: Kassakhian
b.Discussion of Request by Councilmember Asatryan to Agendize a Report and Discussion of a Menstrual Leave Policy for Employees, to Include a Discussion of Fiscal Impacts, Different Models to Address Leave Days, Hybrid Leave Days/Remote Work, and Remote Work Only Alternatives, Phasing Alternatives, Wellness Programs and Analyses of Programs Offered by Other Employers

1. Motion to Agendize the Item
No action was taken on this matter.

14. ADJOURNMENT– 11:26 p.m.

Moved: Devine Seconded: Kassakhian
Mayor of the City of Glendale
City Clerk of the City of Glendale
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4b

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Acceptance of Grant Funds for Lunch at the Library Summer 2023 and Glendale Parks and Nature Literacy Program.

1. Motion accepting $54,702 in California State Library funds to support Lunch at the Library Summer 2023 program and Parks and Nature Literacy program; and authorizing the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding.

2. Resolution appropriating $54,702 from the California State Library.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for May 9, 2023 calendar

EXECUTIVE SUMMARY
The Summer Lunch 2023 grant funding will be used to support pop-up library programming at community meal sites for $8,930. The Parks and Nature Literacy program funding will provide State Parks parking passes to loan and provide programming to make outdoor space in Glendale more accessible to adults in the Library, Arts & Culture Department’s ESL and Adult Literacy programs, for a total grant amount of $45,772.

COUNCIL PRIORITIES
Environmental Stewardship - Glendale Parks and Nature Literacy Program will promote outdoor spaces and provide programming to educate the public on environmental literacy.

RECOMMENDATION
That the City Council approve the Motion accepting $54,702 in grant funds from the California State Library to support Lunch at the Library Summer 2023 program and Parks and Nature Literacy Program, and the Resolution appropriating $54,702 from the California State Library.
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BACKGROUND
Lunch at the Library Summer 2023:

According to the Food Research & Action Center, of the 2.4 million public school students in California who receive a free or reduced-price lunch during the school year, only one out of six receive one during the summer. Additionally, according to the National Summer Learning Association, low-income children typically lose two to three months of reading skills over the summer, which can be mitigated by participating in library Summer Reading programs. To address both of these challenges, the California State Library provides grant funds to take pop-up libraries — including programming, resources, and book giveaways — to community-based summer meal sites, such as local parks and schools and to support libraries that act as free summer meal sites. Glendale Library, Arts and Culture (GLAC) has received funding through this program for several years to support both outreach and hosting meal sites at libraries.

Glendale Parks and Nature Literacy Program:

Glendale is a unique community of immigrants, making multilingual programming and communications critical. 52.4% of Glendale residents were born outside the United States, with 78.2% from Asia (primarily Armenia) and 14.2% from Latin America. 67.3% of all people in Glendale speak a language other than English, and 32.8% speak English less than “very well.” (American Community Survey, 2020). Primary languages spoken include Armenian, Spanish, Korean, and Tagalog. In response, GLAC has robust programming in place to serve adults who speak English as a second language (ESL) and who have low literacy skills.

The California State Library Parks Pass program distributed 26,000 free vehicle-day use hangtags to all library jurisdictions in the state, including Glendale, for circulation to the public. The goal of the the California State Library Parks Pass grant program is to generate positive measurable impacts in the areas of health, natural resource stewardship, and historical and cultural connections with an equity lens to complement the passes. The objectives of the program include advancing access to Californians to state parks and empowering under-resourced communities to take advantage of the benefits of parks, with an emphasis on projects that build partnerships with the library adult literacy programs.

ANALYSIS
Lunch at the Library Summer 2023:

This year, GLAC will visit seven community meal sites at GUSD and Community Services & Parks locations to conduct outreach, sign children up for the Summer Reading Challenge and give away free books for kids to keep. The funding is limited to only support outreach at meal sites that are open to the public; GLAC also does outreach at summer meal sites that are limited to program participants (i.e., CSP summer camps). In prior years, GLAC has used this grant funding to support hosting meal sites at libraries. With the construction of the Youth Spaces project at Central Library anticipated to start this summer, and library branches’ proximity to other existing meal sites, GLAC will not host a summer lunch site in 2023.
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Glendale Parks and Nature Literacy Program:

GLAC will create nature- focused art programming and kits for adult learners participating in GLAC adult literacy and ESL programs to take with them to local and state parks.

Programming will take place at state and local parks and focus on mindfulness, journaling and artistic expression while being in nature Participants will have the option to submit their journals afterwards to be included in a booklet to be published by the library both on Biblioboard, an e-publishing platform, and in a limited print release. These programs will help adult learners practice their English reading and writing skills while becoming more informed about the health benefits of visiting their local parks. In addition to these programs, GLAC will promote engagement with nature to all our community members by creating booklets in the five major languages spoken in Glendale (English, Armenian, Korean, Spanish, and Tagalog). In addition to inspiring our community to be more engaged with nature, we also want to reduce barriers our community might face while visiting parks, especially at the state level. Parks have a lot of signage that can be intimidating for English language learners and adults with low literacy skills. To help reduce this anxiety, we will begin circulating kits that include the booklets and translation devices, which will allow the user to take a picture of a sign, and have it translated into their native language. To ensure parks access to our literacy students, we will also set aside a select number of circulating State Parks parking passes for Adult Literacy students to use and mitigate associated parking fees.

STAKEHOLDERS/OUTREACH
Lunch at the Library Summer 2023:

We will be partnering with the Glendale Unified School District and Community Services & Parks to provide book giveaways at meal sites.

Glendale Parks and Nature Literacy Program:

We plan to work with California State Parks and the Community Services & Parks. As an ongoing partner of the ESL and adult literacy program, GLAC plans to engage GlendaleLearns and Glendale Community College‘s Garfield Campus to promote and support this grant project

FISCAL IMPACT
Lunch at the Library Summer 2023 and Glendale Parks and Nature Literacy Program will cost $54,702, which was not included as a part of the FY 2022-23 approved budget.

Therefore, staff is requesting for an appropriation of $54,702 from State Grant Revenue.

The appropriation request is outlined below:
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Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$23,642 GL: 32610-2750-
LAC-0020-P0000
PL: LAC00989AG
GL: 41100-2750-
LAC-0020-P0000
PL: LAC00989AG
State Grant
Revenue
$22,130 GL: 32610-2750-
LAC-0020-P0000
PL: LAC00989AG
GL: 45350-2750-
LAC-0020-P0000
PL: LAC00989AG
State Grant
Revenue
$1,930 GL: 32610-2750-
LAC-0020-P0000
PL: LAC00990AG
GL: 41300-2750-
LAC-0020-P0000
PL: LAC00990AG
State Grant
Revenue
$7,000 GL: 32610-2750-
LAC-0020-P0000
PL: LAC00990AG
GL: 45350-2750-
LAC-0020-P0000
PL: LAC00990AG
State Grant
Revenue

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Because no possibility exists that the activity in question (Lunch at the Library and Parks and Nature Literacy Program) may have a significant effect on the environment, the activity is not subject to CEQA review under the common sense exemption set forth in 14 Cal. Code Regs. § 15061(b)(3).

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1:

Adopt the Motion accepting $54,702 in California State Library funds to support Lunch at the Library Summer 2023 program and Parks and Nature Literacy program; and authorizing the City Manager to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding, as well as the Resolution appropriating said funds.

Alternative 2: Decline to adopt a Motion and Resolution of Appropriation and, thus, forfeit the grant funding.

Alternative 3: The City Council may consider any other alternative not proposed by staff. 26 of 143

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ADMINISTRATIVE ACTION
Prepared by:

Kristina Gerber, Library, Arts & Culture Administrative Manager Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
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MOTION
Moved by Council Member , seconded by
Council Member , that the City Council of the City of
Glendale hereby accepts California State Library funds in the amount of $54,702 to support Lunch at the Library Summer 2023 Program and Parks and Nature Literacy Program; and authorizes the City Manager or his designee to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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29 of 143

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Workers’ Compensation Alternative Dispute Resolution Program - Agreement Between the City and Glendale Firefighters’ Association (GFFA)

1. Resolution approving and adopting a Labor Management Workers’ Compensation Alternative Dispute Resolution Agreement Between the City of Glendale and Glendale Firefighters’ Association (GFFA)

COUNCIL ACTION
Item Type: Consent Calendar
Approved for May 9, 2023 calendar

EXECUTIVE SUMMARY
For the past eight years, there have been ongoing cost reduction efforts for staff to study ways to reduce costs associated with the City’s Self-Administered Workers’ Compensation program. In 2015, staff negotiated an alternative dispute resolution process or “carve-out” as it is commonly called, with the Glendale Police Officers’ Association (GPOA). This process provides an alternate means of expediting the often- lengthy Workers’ Compensation process by facilitating medical treatment and returning the employee to work timely. In 2022, the Glendale Firefighters’ Association asked to meet and discuss a program for their members – again to address delays in obtaining medical treatment and the timely return-to-work for the sworn Fire staff.

COUNCIL PRIORITIES
Improve Operations and Efficiency of City Government.

RECOMMENDATION
That the City Council approve the attached Resolution and Workers’ Compensation Alternative Dispute Resolution Agreement between the City of Glendale and Glendale Firefighters’ Association (GFFA).
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BACKGROUND
For the past seven months, the City and Glendale Firefighters’ Association (GFFA) have engaged in discussions relative to the formation of an Alternative Dispute Resolution Program for addressing Workers’ Compensation claims for firefighters (to include all full- time employees occupying job classifications of firefighter recruit, firefighter, firefighter paramedic, fire engineer, fire engineer paramedic, fire captain and fire captain paramedic) as a means of expediting the often lengthy and costly process that occurs when a dispute arises between the City and the employee.

Section 3201.7 of the California Labor Code allows employers (including cities) and employee bargaining groups to create their own alternatives for Workers’ Compensation benefit delivery and dispute resolution under a bargaining agreement. These agreements, often referred to as “carve-out” programs, are negotiated between employers and their respective employee bargaining groups and are designed to facilitate the provision of necessary medical treatment for injured employees, ensure a more rapid return-to-work and reduce costs.

This program is designed to address the inherent delays in the existing Workers’ Compensation system, which is strictly governed by State law. Currently, when disputes arise in Workers’ Compensation cases, injured employees are required to be seen by physicians who are designated as Agreed Medical Examiners (AME) or Qualified Medical Examiners (QME). This process is rife with delays.

When an injured employee files a Workers’ Compensation claim which is ultimately disputed, State law requires that the employee be referred to a panel of physicians (AME or QME). Once the State provides the panel of available physicians to the injured employee, an appointment is made, the injured employee is seen by the physician, the physician then must prepare a report which can take several months to receive. The City’s decision on whether to accept or deny the claim, and the method of treatment, is predicated on the physician’s medical report.

These delays not only amount to a sizable loss of productive work time for the affected employee, but for public safety employees, the absent employee’s position usually must be backfilled by another employee, often by use of overtime. Because California state law provides public employees up to one year off for serious work-related injuries under the provisions of Section 4850 of the Labor Code, the backfill and overtime costs can easily add up when there are delays in obtaining the necessary medical treatments and reports.

These built-in delays also affect the morale of the injured employee who, in most cases, simply wants to be treated, healed, and returned back to work safely. When they cannot receive the diagnosis, treatment and/or any necessary surgeries timely, many firefighters 32 of 143

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get frustrated and choose to pursue litigation against the City. This in turn, increases costs and ironically, causes even further delays.

The Alternative Dispute Resolution Program seeks to expedite the resolution of any disputed Workers’ Compensation claim, significantly reduce the time for medical exams and reports, decrease expenses associated with Labor Code 4850 provisions, decrease litigation expenses, improve employee morale, and ensure the prompt treatment of employees for disputed claims.

Under the proposed program as agreed between the City and GFFA, the City will contract with as many as 25 physicians in various specialties to serve as Independent Medical Examiners (IME), who will agree in advance to an expedited medical evaluation process.

IME physicians will be expected to see the injured employee within thirty days of the request by the Workers’ Compensation staff. Additionally, the physicians will be expected to prepare the medical report within thirty days following the date of the examination. With this accelerated time frame, the City anticipates more prompt attention for our injured firefighters and significantly reduced costs related to the backfill, overtime and Labor Code 4850 expenses.

The City and GFFA have already agreed upon a panel of 20 physicians with specialties in various disciplines to serve as IME’s. The physicians were all notified by letter of the specific provisions of the Alternative Dispute Resolution Program and the expectations relative to expedited service. Additional IME physicians may be added or removed as needed.

Upon adoption by the City Council, the attached Resolution and Agreement will be submitted to the Administrative Director of the State of California Department of Industrial Relations, Division of Workers’ Compensation. Upon acceptance by the Administrative Director, the MOU agreement will be in effect for two years from the date of the Administrative Director’s letter of acceptance to the parties. Thereafter, the agreement will continue and remain in force from year to year unless terminated by either party as set forth in the agreement.

Staff believes that this program will be a significant benefit to both our injured employees and the organization as a whole. While it is difficult to estimate precise cost savings, it is anticipated that significant savings in the reduction of Labor Code 4850 benefit costs will be experienced. In the last five years, the average number of cases involving lost time for sworn Fire Department employees was 25 per year. The average cost per year for these cases in lost time relative to Labor Code 4850 benefits was $374,940. The average number of days off for lost time cases was 87 calendar days and the average cost per claim was $14,998. The City negotiated this program with the GPOA in April 2015 with great success.
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STAKEHOLDERS/OUTREACH
N/A

FISCAL IMPACT
It is difficult to estimate the precise fiscal impact of this proposed Alternative Dispute Resolution Program. That said, this program has been beneficial to the Glendale Police Department who initiated it in 2015 and it is anticipated that significant savings in the reduction of Labor Code 4850 benefit costs will be experienced.

Additionally since the Police Department adoption of this program, we have seen year over year decline in the average days to resolution. Assuming a relatively conservative reduction of 25% in lost calendar days off, the City would see a reduction of approximately 22 days of lost time, potentially reducing the average cost per claim to $11,249. Additional savings will be experienced in reduced overtime costs associated with backfilling the positions.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is not subject to CEQA/NEPA review.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Approve resolution as submitted.

Alternative 2: Not approve the resolution as submitted.

Alternative 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Paula Adams, Chief Human Resources Officer
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit A – Workers' Compensation Alternative Dispute Resolution Agreement Between the City of Glendale and the Glendale Firefighters' Association. 34 of 143

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RESOLUTION NO. ____________

A RESOLUTION OF THE CITY OF GLENDALE, CALIFORNIA APPROVING AND ADOPTING A LABOR MANAGEMENT WORKERS’ COMPENSATION

ALTERNATIVE DISPUTE RESOLUTION PROGRAM BETWEEN THE CITY OF GLENDALE AND THE GLENDALE FIREFIGHTERS’ ASSOCIATION (GFFA) WHEREAS, the City of Glendale (hereinafter referred to as “city”) and the Glendale Firefighters’ Association (hereinafter referred to as “Association”) have met and conferred on matters within the scope of bargaining as set forth by Government code 3500, as amended;
WHEREAS, the State of California provides employers and recognized employee bargaining units a means for providing alternative dispute resolution programs for Workers’ Compensation disputes under the provisions of Labor Code Section 3201.7;
WHEREAS, the City and Association have a mutual desire to resolve Workers’ Compensation disputed claims in a more timely and efficient manner to benefit both the injured employee and organization as a whole; and WHEREAS, the City and Association have met and conferred in good faith and have agreed to terms of an alternative dispute resolution program for a period of two years covering non-management, rank and file sworn employees of the Glendale Fire Department commencing upon acceptance of the agreement by the Administrative Director of the State of California Department of Industrial Relations, Division of Workers’ Compensation in accordance with Title 8, California Cod of Regulations, Section 10202(d). Thereafter, it shall continue to remain in force from year to year unless terminated by either party as provided in the agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA:

Section 1. The City does hereby approve, ratify, and authorize the implementation of each economic and non-economic benefit and right set forth in the Alternative Dispute Resolution agreement between the City and 35 of 143

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Association, attached as Exhibit “A” to the Report to Council dated May 2, 2023 and incorporated herein by this reference, and said economic and non-economic benefits and rights shall be implemented to the extent the City may legally do so in accordance with the provisions of said agreement. The Chief Human Resources Officer is authorized to make minor clerical and other minor language clarifications to the agreement, including the addition or deletion of Independent Medical Examiner (IME) physicians, as needed, so long as such changes do not in any manner change the economic or non-economic benefits and rights of the parties.

Section 2. The City Council further authorizes the City Manager and the Chief Human Resources Officer to negotiate and implement amendments to this agreement subject to prior approval by the City Council.

Section 3. Any provision set forth in said agreement which is inconsistent with any provision of the Municipal Code shall prevail and supersede the inconsistent provisions of the code.

Adopted this 2nd day of May, 2023.
______________________________
Mayor
_________________________
City Clerk
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STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing resolution was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _____ day of ________, 2023, and that the same was adopted by the following vote:

Ayes:

Noes:

Abstain:

Absent:
_______________________________
City Clerk
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FFA – MOU ADR

LABOR-MANAGEMENT WORKERS' COMPENSATION ALTERNATIVE

DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF

GLENDALE AND THE GLENDALE FIRE FIGHTERS' ASSOCIATION
LOCAL 776

THIS LABOR-MANAGEMENT WORKERS' COMPENSATION
EXPEDITED RESOLUTION PROCESS AGREEMENT ("Agreement is entered into by and between the City of Glendale ("City") and the Glendale Fire Fighters' Association (“FFA"). This Agreement is created pursuant to California Labor Code §3201;7(a) (3) (c).

Nothing in this Agreement diminishes the entitlement of a covered employee to compensation payments for total or partial permanent disability, total or partial temporary disability, Labor Code §4850 benefits, or medical treatment fully paid by the employer and otherwise provided for in Division 4 of the Labor Code. Nothing in this Agreement denies to any covered employee the right to representation by counsel at all stages during this alternative and expedited resolution process.

Article I: Purpose
The purposes of this Agreement are:

1. To provide active employees claiming compensable injuries under Division 4 of the California labor Code (Workers' Compensation Law") with an expedited procedure to resolve disputes in accordance with Article IV of this Agreement and to facilitate those employees’ prompt return to work;

2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter "Labor Code") §§3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV of this Agreement;
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3. To reduce the number and complexity of disputes between the City and covered employees, when those disputes relate; to issues described in Article IV, Section D of this Agreement;

4. To provide workers' compensation coverage in a way that improves labor-management relations, improves organizational effectiveness, and reduces costs for the City;
These purposes will be achieved by a) utilizing an exclusive list of medical providers to be the sole and exclusive source of medical-legal evaluations for disputed issues surrounding covered employees in accordance with Labor Code §3201.7(c).

Therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows:

Article II: Term of Agreement
The City and FFA enter into this Agreement with the understanding that the law authorizing this Agreement is new and evolving. The parties further understand that this Agreement governs a program and that it shall become effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers' Compensation in accordance with Title 8, California Code of Regulations §10202(d), and accepted by the Administrative Director as evidenced by the Director's letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for two years from the date of the Administrative Director's letter of acceptance to the parties. Thereafter, it shall continue and remain in force from year to year unless terminated by either party as provided for below. Any claim arising from an industrial injury covered by this Agreement and before the termination of this Agreement shall continue to be covered by the terms 39 of 143

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of this Agreement, until all medical issues related to the pending claim are resolved.

The parties reserve the right to terminate this Agreement at any time.

The terminating party must give thirty (30) calendar days written notice to the other party of the Intent to terminate. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the applicable Labor Code provisions to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein.

Article III: Scope of Agreement
A. This Agreement applies only to injuries, as defined by Workers' Compensation Law, claimed by 1) active employees; 2) retirees; 3) active employees and retirees who claim a presumptive injury as defined by Labor Code §§3212 et seq., including post retirement amendments of body parts to an existing claim; and 4) active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for purposes of a petition to reopen a pre-existing claim to seek new and further disability or to reduce a prior award of permanent disability unless covered under A (2), above. This Agreement does not apply to any other retired employees.

B. Employees who are covered under this Agreement remain covered during the entire period of active employment.

C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement.

D. This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical and medical legal dispute resolution of covered employees.
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E. This Agreement applies only to injuries claimed on or after implementation of the Agreement, regardless of the date of injury. For purposes of this Agreement a "claimed injury" is one for which either a DWC-1 workers' compensation claim form has been filed or where an Application for Adjudication of Claim has been filed with the Workers' Compensation Appeals Board ('WCAB").

Article IV. Expedited Medic al-Legal Process
A. Physicians who act as a covered employee's Independent Medical Examiner ("IME") under this Agreement shall not act as the same employee's treating physician even if the physician has been pre-designated as the '
employee's treating physician, unless otherwise mutually agreed by the parties.

Pre-designation of a physician must comply with the requirements set forth in Labor Code section 4600(d) (1).

B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician shall serve as an IME. Attached hereto as Exhibit A is an exclusive list of approved medical providers agreed upon by the parties. If the IME needs the opinion of a different specialist, the IME shall refer the employee to another physician on the IME list. If a physician with the required specialty is not on the list of approved providers, then the IME will refer the employee to a physician of the IME's choice.

C. The exclusive list of approved medical providers shall include the specialties as agreed upon by the parties.

D. Notwithstanding the Labor Code provisions set forth in section 4605, an IME shall be used for all medical disputes that arise in connection with a workers' compensation claim including, but not limited to, determination of 41 of 143

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causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including temporary modified duty, future medical care, and resolution of all disputes arising from utilization review and if peer-to-peer communication has not resolved the dispute within five (5) working days. The parties agree that the ill or injured employee shall use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, the parties shall utilize the next specialist on the list pursuant to Article IV, subdivision (1)(5), as set forth herein.

E. The IME process described above will be triggered when either party gives the other written notice of an objection in connection with any issues including, but not limited to, determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, or resolution of a dispute arising from utilization review. Objections from the City shall be sent to the employee with a copy to the employee's legal representative if represented and a copy to the FFA President. Objections from the employee or employee's legal representative shall be sent to the employee's assigned Workers' Compensation Analyst with a copy to the Workers' Compensation Administrator.

F. Objections shall be sent within thirty (30) calendar days of receipt of a medical report or a utilization review decision addressing any of the issues set forth above. A letter delaying decision of the claim automatically creates a dispute; further, all denials and or delays of benefits including a denial of the claim, disputes regarding the scope of medical treatment, disputes regarding the nature and extent of the 4850, temporary disability and permanent disability, 42 of 143

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and the ability to return to work all trigger the IME process without the need for any formal objection. Delayed decisions based on legal disputes shall not trigger the IME process. A subsequent acceptance of the claim and/or resolution of the disputed issue may eliminate the need for completion of the dispute resolution process set forth in this Agreement.

G. The exclusive list of approved medical providers shall serve as the exclusive source of medical-legal evaluations .as well as all other disputed medical issues arising from a claimed injury.

H. The parties to the Agreement hereby agree that from time to time the exclusive list of approved medical providers may be amended. For either party to propose adding an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party of its intent to add a physician to the list Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition shall be made. In the event there is an objection, the physician shall not be added to the list. A physician may only be deleted from the exclusive list of medical providers if s/he breaches the terms and conditions of the contract with the City, does not agree with the fee schedule, or by mutual agreement of the parties.

I. Appointments.

1. The Workers' Compensation Section shall make appointment(s) with the IME within ten (10) business days of the date of receipt of the objection issued by any party subject to the terms and provisions of this Agreement. The notice of the appointment location, date and time shall be sent to the employee, to his legal representative, if there is one, and to the Association representative.

2. The employee shall be responsible for providing the Workers' Compensation Section with his/her work schedule prior to an appointment 43 of 143

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being made so that appointments can be made, if possible, during an employee's non-working hours.

3. Compensation for medical appointments under this Agreement shall be consistent with City policy.

4. Mileage reimbursement to covered employees shall be in accordance with Labor Code§ 4600(e) (2), unless transportation is provided by the City.

5. For purposes of appointments, the Workers' Compensation Analyst shall select the IME{s) by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Workers' Compensation Analyst will resume using the first name on the list.

J. The City is not liable for the cost of any medical examination used to resolve the parties' disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement.

Medical evaluations shall not be obtained outside of this Agreement for disputes covered by this Agreement, notwithstanding Labor Code section 4605.

K. Both parties shall be bound by the opinions and recommendations of the IME selected in accordance with the terms of this Agreement. A notice of the results of the examination will be sent to the employee, to his or her legal representative, if there is one, and to the Association representative.

L. Either party who receives records prepared or maintained by the treating physician(s) or records, either medical or nonmedical, that are relevant to the determination of the medical issue shall serve those records on the other party immediately upon receipt If one party objects to the provision of any nonmedical records to the IME, the party shall object within ten (10) calendar days of the service of the records. Objection to the provision of nonmedical records may result in the denial of the claim on the basis that the IME did not have a complete and 44 of 143

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accurate history. There shall be no objection to the provision of medical records to the IME, subject to the labor Code.

M. The City shall provide to the IME records prepared or maintained by the employee's treating physician(s) and medical and non-medical records relevant to the determination of the medical issue(s). The City shall serve a copy of the listing of all records provided on the employee and/or on his/her representative.

N. All communications with the IME shall be in writing and shall be served on the opposing party. This provision does not apply to oral or written communications by the employee or, if the employee is deceased, the employee's dependent, in the course of the examination or at the request of the evaluator in connection with the examination.

O. Ex-parte communication with the IME is prohibited. If a party communicates with the IME in violation of subdivision L, the aggrieved party may elect to terminate the medical evaluation and seek a new evaluation from the next IME chosen from the list pursuant to provision 1(5). If a new examination is required, the party making the communication prohibited by this section shall be liable for the cost of the initial medical evaluation.

P. If either party disputes a medical or medical-legal finding of the

IME, they shall notify the other party of this dispute by way of written objection within twenty (20) calendar days of actual receipt of the IME's report. All disputes of this nature shall be resolved either by way of supplemental interrogatory and report or by way of deposition. The party objecting to the IME's report shall, as part of its objection, notify the other party of its desired method of supplemental discovery.

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Article V: Discovery

A. Covered employees shall provide the Workers' Compensation Section with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee's claim, when requested.

B. The parties agree to the use of releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City, and/or FFA and/or its members, then either party may request a review of the document(s) causing said undue delay and/or adverse impact(s).

The parties shall review the document(s} in question within thirty (30) calendar days of a party's request for review.

C. Covered employees shall cooperate in providing a written or recorded statement.

D. This Agreement does not preclude a formal deposition of a covered employee or an IME when necessary. Attorney's fees for depositions of covered employees shall be paid at the rate of $385.00 per hour, consistent with Labor Code §5710. This rate of reimbursement for attorney's fees for depositions of covered employees is subject to an annual review to determine if adjustments to said rate of reimbursement should be made. There shall be no attorney's fees for depositions of physicians or IMEs.

Article VI: General Provisions

A. This Agreement constitutes the entire understanding of the parties and supersedes all other agreements, oral or written, with respect to the subject 46 of 143

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matter in this Agreement.

B. This Agreement shall be governed and construed pursuant to the laws of 1he State of California.

C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing signed by the parties which expressly refers to this Agreement.

D. If any portion of this Agreement is found to be unenforceable or

illegal, the remaining portions shall remain in full force and effect.

E. This Agreement may be executed in counterparts.

F. Notice required under this Agreement shall be provided to the parties as follows:

City: Chief Human Resources Officer - City of Glendale
President - FFA

CITY OF GLENDALE:

By: _______________________________________
Chief Human Resources Officer Date

GLENDALE FIRE FIGHTERS’ ASSOCIATION:

By: _______________________________________
President Date

01/23/2023
Ara Zakarian (Jan 23, 2023 19:39 PST)
Ara Zakarian
01/23/2023
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SUPPLEMENTAL SIDE LETTER AGREEMENT BETWEEN THE CITY OF
GLENDALE AND THE GLENDALE FIRE FIGHTERS’ ASSOCIATION LOCAL 776

THE SUPPLEMENTAL LABOR MANAGEMENT WORKERS'

COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
("Agreement") is entered into by and between the City of Glendale ("CITY") and the Glendale Fire Fighters’ Association ("FFA"). The City and FFA negotiated this agreement by forming a partnership known as the Joint Labor Management Committee (JLMC); this committee is comprised of two (2) to three (3) City staff members to be determined and designated in writing to the FFA by the City Administrator and two (2) to three (3) FFA representatives to be determined and designated in writing to the City by the FFA President.

The purpose of the JLMC is to develop and maintain the exclusive list of initial treatment providers, the exclusive list of Independent Medical Examiners, develop policy and procedures of the Alternative Dispute Resolution program; to review implementation and the progress of the program and address any issues at time frames agreed to by the committee; and to ensure that the program terms and conditions are administered in harmony with this Agreement. Additionally, the JLMC shall meet twice per calendar year to review claims data for claims administered prior to the implementation of this Agreement with claims data for claims administered under the provisions of this Agreement to ensure continuation of the program is in the best interests of all parties
; nothing shall preclude either party from
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calling a special meeting as necessary.

This Supplemental Side Letter Agreement is created pursuant to California Labor Code §3201.7(a) (3) (c) and amends the original MOU to address all disputes regarding the interpretation of the terms of the MOU. In the event there is a dispute as to the interpretation of the terms of the MOU-ADR Agreement, the following procedures will be the exclusive remedy to the parties:

Article IX. Mediation and Arbitration Regarding Disputes on the Terms of the MOU-ADR

A. If a dispute arises regarding any of the terms of the MOU -ADR agreement, including but not limited to the assignment of an IME, any party subject to the provisions of this Agreement must request m ediation in accordance with the provisions set forth herein. Mediation is mandatory for all disputes regarding the terms of the MOU -ADR Agreement, prior to requesting Arbitration. The goals of the ADR program are to expedite the resolution of the disputes.

B. The mediation process shall be triggered when one party gives the other written notice to engage in mediation in connection with the dispute as to the terms of the MOU-ADR Agreement.

C. The mediation must take place within forty -five (45) calendar days of notification having been sent to the mediator of his/her selection unless this time limit is waived by both parties in writing. If the selected mediator is either unable or unwilling to schedule the mediation within this forty -five (45) calendar day period, a new agreed upon mediator shall be selected by the JLMC.

D. The procedure, process, format, general nature of the mediation, the issues to be mediated, and the manner in which the mediation shall be conducted will be 49 of 143

within the sole discretion of the mediator.

E. Mediation briefs shall not be mandatory but are strongly recommended and

shall be a useful tool to assure that the mediator fully understands the issues involved and each party's respective positions in regard to each issue. Mediation briefs should be submitted to the mediator no later than ten (10) calendar days prior to the mediation. No specific format for a mediation brief is required. Mediation briefs may be formatted and submitted as either a formal pleading or in an informal letter brief format.

F. If the mediation is successful at resolving the dispute, a summary of the mediation shall be prepared by the Mediator, setting forth the specific issues presented for the mediation, a general description of how the mediation was conducted, and the length of time of the mediation, and the resolution or settlement reached. A copy of this Mediation Summary shall be served upon the employee, the employee's legal representative, to the employee's assigned claims examiner, and to the City Risk Management/TPA, and the City's legal representative.

G. If the mediation is unsuccessful at resolving the dispute; either party may seek to have the dispute regarding the terms of the MOU -ADR a djudicated through arbitration. The arbitration process is binding on the parties and will only address disputes regarding the terms of the MOU-ADR. If the dispute was not resolved in Mediation, either party may request Arbitration within 15 days from the mediation hearing. The arbitration hearing shall take place within 45 days thereafter, depending on the schedule of the parties.

H. A Panel of three arbitrators shall be selected by the JLM for the arbitration proceedings. From the panel, an arbitrator will be selected to conduct the hearing. 50 of 143

The arbitrators shall be attorneys or retired WCAB Judges knowledgeable in the field of California Workers' Compensation. The arbitrators shall be responsible for adjudicating all disputes regarding the terms of the MOU - AD R. All arbitrator
hearings shall be recorded by a certified court reporter and such record, including documentary evidence, shall be retained by the arbitrator unless the parties agree to other methods of creating a record. The proceedings shall be conducted just like a hearing before the WCAB, with stipulations and issues and exhibits submitted into the record.

I. The arbitrator shall file and serve on the parties and counsel his or her findings of fact, conclusions and order and opinion within 30 days of the submission of the matter for decision which shall be final and binding except for an appeal to the WCAB Appellate Panel. Any such appeal to the WCAB shall be in the same manner as provided for reconsideration of a final order, decision, or award made and filed by a WCJ at the WCAB.

J. The City shall pay the costs of the arbitration, including but not limited to, the court

reporter transcripts and the arbitrator's fee.

GFFA President Date

City of Glendale Date
01/23/2023
Ara Zakarian (Jan 23, 2023 19:39 PST)
Ara Zakarian
01/23/2023
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8a

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Professional Services Agreement with The ACE Agency, Inc. to strategically perform communication, marketing, branding, and public relations services for arts and cultural events, exhibits and public art in the City of Glendale.

1. Motion authorizing the City Manager, or a designee, to enter into and execute a Professional Services Agreement— subject to approval by the City Attorney— with The ACE Agency, Inc. in an amount not to exceed $500,000 dispersed throughout four fiscal years (FY 2023/24, FY 2024/25, FY 2025/26, FY 2026/27) from the Urban Art Program Fund, to strategically perform communication, marketing, branding, and public relations services for arts and cultural events, exhibits and public art in the City of Glendale.

COUNCIL ACTION
Item Type: Action Item
Approved for May 9, 2023 calendar

EXECUTIVE SUMMARY
On March 16, 2023, during the Regular Meeting of the Arts and Culture Commission, the two finalist firms in response to the Request for Proposals for Public Relations Firm opportunity shared their proposal presentation. Subsequently, the Arts and Culture Commission approved a Motion to recommend The ACE Agency for this opportunity.

The intent of this report is to request that City Council authorize the City Manager to enter into and execute a Professional Services Agreement with The ACE Agency, Inc. 52 of 143

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COUNCIL PRIORITIES
Arts and Culture:

The proposed hiring of The ACE Agency, Inc. (a public relations firm) will advance the City’s mission of making Glendale an arts and culture destination, in addition to providing arts and cultural experiences celebrating the community’s diverse cultures, values and heritage.

Economic Vibrancy:

The proposed hiring of The ACE Agency, Inc. will also encourage tourism in Glendale which will increase visitation and patronage for nearby restaurants and businesses.

RECOMMENDATION
That the City Council adopt a Motion authorizing the City Manager to execute a Professional Services Agreement with THE ACE Agency, Inc. to strategically perform communication, marketing, branding, and public relations services for arts and culture events, exhibits and public art in the City of Glendale.

BACKGROUND
On May 20, 2021, during the Regular Arts and Culture Commission Meeting, Commissioner Tufenkian requested that an item be added to future agendas to discuss marketing and communications for arts and culture projects in Glendale.

On August 30, 2021, Staff began working with 2021 Claremont Graduate University Arts Management Student Consultant, Yasmin Bouhafs, to establish an assessment of marketing and communications specifically for Arts and Culture Commission programs.

On September 16, 2021, Ms. Bouhafs presented her findings and recommendations for enhancing marketing and communication efforts to amplify arts and cultural events in Glendale. As part of her presentation, Ms. Bouhafs recommended that the Arts and Culture Commission engage the services of a public relations firm to strategically perform communication, marketing, branding, and public relations services for arts and culture events, exhibits and public art in the City of Glendale which would be in alignment with the Commission’s goal of making Glendale an arts and culture destination.

On August 18, 2022, during the Regular Arts and Culture Commission Meeting, Staff presented a draft Public Relations Firm – Request for Proposals (RFP) and Commissioners gave their feedback on the document. Staff incorporated the Commission’s feedback into the final version of the RFP (EXHIBIT A). On August 22, 2022, Staff released the RFP that closed on September 30, 2022, and Staff received five proposals for consideration.

ANALYSIS
On November 29, 2022, Library, Arts & Culture Staff, and a representative from the Economic Development Division to review and assess the proposals. On December 20, 2022, Staff invited three public relations firms to be interviewed for the Public Relations Firm opportunity. Following the interviews, Staff met to assess the proposals and decided 53 of 143

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to invite two public relations firms at semi-finalists for this opportunity to present their proposals for the Commission’s consideration.

On March 16, 2023, during the Regular Meeting of the Arts and Culture Commission, the Commission approved a Motion recommending that the City Council enter into a Professional Services Agreement with The ACE Agency, Inc. to perform communication, marketing, branding, and public relations services for arts and cultural events, exhibits, and public art in the City of Glendale.

STAKEHOLDERS/OUTREACH
From October 2021 to February 2022, Tracie Virgen, Public Arts Intern, researched various public relations firms locally and nationally to outreach for the Public Relations Firm – Request for Proposals. Ms. Virgen prepared a list of 70 public relations firms to contact for this opportunity.

On August 22, 2022, Staff dispersed the opportunity widely to the aforementioned list of public relations firms, in addition to direct outreach to local public relations firms.

FISCAL IMPACT
There are no fiscal impacts to the General Fund. Sufficient funds exist in the Urban Art Fund in FY 2023-24 to allocate funding for this Professional Services Agreement for the first year of the contract. Funding for the subsequent years will be included during each fiscal year’s budget adoption process.

The agreement with The ACE Agency, Inc. shall not exceed a total of $500,000 from the Urban Art Fund (43110-2100-LAC-0010-P4148) over the course of four fiscal years: FY 2023-24 (not to exceed $220,000), FY 2024-25 (not to exceed $240,000), FY 2025-26 (not to exceed $30,000) and FY 2026-27 (not to exceed $10,000).

Existing Appropriation
Amount Account String Funding Source
$500,000 43110-2100-LAC-0010-P4148 Urban Art Fund
Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Not applicable.

CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the 54 of 143

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chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report are attached in Exhibit #, in accordance with the City Campaign Finance Ordinance No. 5744.

ALTERNATIVES
Alternative 1: Adopt a Motion authorizing the City Manager to enter into and execute a Professional Services Agreement with The ACE Agency, Inc. to strategically perform communication, marketing, branding, and public relations services for arts and culture events, exhibits and public art in the City of Glendale.

Alternative 2: Decline to adopt the Motion.

Alternative 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Jennifer Fukutomi-Jones, Principal Library, Arts & Culture Administrator Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
EXHIBIT A – Request for Proposals – Public Relations Firm EXHIBIT B – The ACE Agency – Proposal
EXHIBIT C – ACC_031623_MOTION – Public Relations Firm
EXHIBIT D – Campaign Disclosure – The ACE Agency, Inc.
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MOTION
Moved by Council Member ______________________, seconded by Council Member ___________________, that the Council of the City of Glendale hereby authorizes the City Manager, or a designee, to enter into and execute a Professional Services Agreement— subject to approval by the City Attorney— with The ACE Agency, Inc., in an amount not to exceed $500,000 dispersed throughout four fiscal years (FY 2023/24, FY 2024/25, FY 2025/26 and FY 2026/27), from the Urban Art Program Fund, to strategically perform communication, marketing, branding, and public relations services for arts and culture events, exhibits and public art in the City of Glendale.

Vote as Follows:

Ayes:

Noes:

Absent:

Abstain:
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1 REQUEST FOR PROPOSALS – PUBLIC RELATIONS FIRM

1. OVERVIEW
Under this Request for Proposals (“RFP”), the Library, Arts & Culture Department (“Library”) and Arts and Culture Commission (ACC) on behalf of the City of Glendale (“City”) — is seeking proposals from an appropriately qualified, highly motivated and innovative Public Relations Firm (“Consultant”) to strategically perform communication, marketing, branding, and public relations services for arts and cultural events, exhibits and public art in the City of Glendale (“Consultant’s Services”). The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified organizations, conduct a fair and extensive evaluation based on criteria listed herein, and select the candidate who best aligns with the City’s needs and requirements.

The primary objective is to effectively partner with a firm to provide marketing, public relations, media plan ning and placement, and an overall communication strategy to promote the City as an artistic and cultural destination for Southern California. This RFP seeks marketing and communications services for a minimum period of 2 years (24 months), with the City’s having a n option to extend the contract for 6 -18 months depending on funding and City approval.

2. PROJECT BACKGROUND & DESCRIPTION
The City of Glendale — reflecting its unique cultural composition, history, and the influence of technology on public spaces— aspires to be an arts and cultural destination in the Los Angeles metropolitan region. Glendale has a wealth of assets that can be amplified through arts and cultural activities. Glendale was originally populated by the Tongva people. The City, founded in 1906, evokes specific images for its residents and people who visit it. Glendale is bordered by the Verdugo Mountains and surrounded by other mountain ranges. It boasts gracious hillside homes that reflect a diverse architectural heritage, lush landscape, freeways, and the large flat expanse of South Glendale that was once rich farm and ranchland but now contains modest homes, apartments and condominiums. Glendale is also notable for its easy accessibility to key Los Angeles neighborhoods and other municipalities. Glendale has the largest Armenian population outside of Armenia, in addition to Black, Latin x, Korean, and Filipino communities. In the historic Sundown Town Resolution, Glendale has openly acknowledged its history of racial discrimina tion, apologizing and committing to atone for these practices in a formal resolution issued in September 2020 - making it the first city in California and third city in the nation to do so. Additionally, in 2017 the City Council passed a resolution against LGBT discrimination. The City’s recognition of its diversity is reflected in its arts and cultural offerings, its political life, its neighborhoods and its many K-12 language-immersion programs.

The Arts and Culture Commission ( www.glendaleartsandculture.org) is responsible for advising City Council on the use of the City’s Urban Art Fund and recommending how the City sh ould invest in a rts and culture . The ACC’s mission is to enrich the human experience, to reinforce Glendale’s identity and civic pride through arts and culture, and to recognize the importance of arts to our quality of life and to the local economy. The 57 of 143

2 ACC accomplishes its mission and realizes its vision by consciously integrating arts and culture into the daily life of the people of Glendale.

The City of Glendale is home to a burgeoning public art scene with murals, utility box paintings and art installations in addition to cultural assets such as the Alex Theater, Antaeus Theater, Brand Library & Art Center, ReflectSpace Gallery, ace/121 Gallery, and the Adams Square Mini Park Gas Station. The ACC is working with an art consultant to curate and commission up to 10 iconic public artworks to be located throughout the City and valued at nearly $2 million dollars . with the intention of establishing Glendale as an arts and culture destination in Southern California. Artsakh Avenue (located in Downtown Glendale) is in the process of strategic re-development, and will be a walkable arts and entertainment district home to thriving restaurants, shopping and bars. In the upcoming year the City will unveil on Artsakh Avenue three symbolic public artworks that engage pedestrians, honor the City’s his tory and cultural fabric, and become social media icons. The City’s Economic Development Department has also launched the Artsakh Creative Program which is aimed to enliven Artsakh Ave. by temporarily featuring artisanal retail businesses, in addition to arts and culture organizations in four retail units of Artsakh Ave.

Glendale is also a regional shopping destination, with the Glendale Galleria, The Americana at Brand, the Brand Boulevard of Cars. Downtown Glendale contains a mix of department stores, chains, and small independent businesses. Lastly, San Fernando Boulevard is a media -tech corridor for many film -related businesses , including DreamWorks Animation and Walt Disney Studios. Glendale’s Tech Strategy provides a road map for growing Glendale’s technology-based business sector.

Over the last decade, Downtown Glendale has been transforming with the creation of the Downtown Strategic Plan and the support of the Glendale Successor Agency (formerly, Redevelopment Agency) and the Department of Community Development.

Condominiums and apartment buildings have joined the already bustling retail environment. The presence of more and more people living downtown, particularly Millennials, has led Glendale toward envisioning an “18 -hour downtown.” The City recognizes the need to provide more arts and cultural activities to encourage activity day and night.

3. SCOPE OF WORK
The Consultant will be expected to perform the marketing, branding, and public relations services for arts and cultural events, exhibits and public art in the City. The following scope of work represents the baseline expectation that the City has for a consultant; however, suggestions for a lternate processes or structures of equal or better benefit will be considered. The following includes a sample of the required services:

1. Marketing & Branding
• Establish connections with media outlets and press;
• Create branding strategies/programming plan to brand Glendale as a Southern California hub for urban arts (e.g., Art Basel, exhibitions/art shows, Frieze, Book Fairs, Art Walks);
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3 • Create comprehensive and coordinated marketing campaigns (e.g., print, broadcast, digital, online, email, etc.);
• Include a written plan addressing objectives, audience/market description, strategies, tactics, and budgets;
• Establish a creative strategy and design (reports, advertising, and visual display, broadcast, and/or social media materials);

2. Public Relations
• Communicate the City of Glendale’s offerings in art, culture and creative industries as it relates to the Southern California area. Develop strategic planning for local, regional, national, and international markets; • Deploy messaging that can be used in various channels, including earned media, social media, and paid traditional media to geo-target key audiences through relevant channels to drive awareness, create an emotional connection and education on key actions;
• Develop and implement a concrete social media strategy using tools like Facebook, Twitter, LinkedIn, Instagram and YouTube;
• Develop and pitch storylines and press releases, fact sheets, issue briefings, and industry highlights to the media;
• Integrate survey systems for feedback.

3. Account Management & Reporting
• Meet with City Staff and meet with local arts and culture organizations, as needed and as directed, for purposes of carrying out initiatives; • Meet with ACC a maximum of two (2) times per year to report on marketing and communications progress, collaborating with ACC on public “launch” of the planning process;
• Establish an analysis and/or research other municipalities to determine what makes a city an arts and culture destination (i.e., Santa Monica, West Hollywood, etc.);
• Maintain internal procedures that ensure budget control, prompt billing, and quality control, including but not limited to, auditing invoices; • Prepare cost schedules and project sheets for expenditures, and obtain approval of all expenditures with regard to authorized advertising by submitting preproduction estimates;
• Assign and aid in the production, application, registration, and defense of all applicable intellectual property;
• Provide regular status reports regarding progress on all project as well as monthly, quarterly, and annual performance cost analysis; • Provide explanations of how the firm measures/determines the effectiveness of advertising/marketing strategies and campaigns, including return on investment.

It should be noted that strategic plans, crea tive strategies, and other strategic input will come in large part from ACC representatives in coordination with the selected firm(s). In addition, the selected firm(s) must be able to recommend strategies to expand the impact of marketing/public relations campaigns, allowing for broadest possible exposure to the target audience within the available budget.

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4 The selected firm (s) must provide creative briefs before each campaign or individual project outlining the goal(s), objectives, audience, strategies, budget, and evaluation format for City staff approval. The selected firm(s) must demonstrate th e ability to plan strategically, and to integrate, manage, and execute an assortment of marketing projects. Firm(s) must be able to identify, evaluate, recommend, develop, and execute, and/or manage new and emerging technology opportunities.

4. TIMELINE
The RFP has the following timeline and requires firms to submit the following deliverables:

Fall 2022: Review of RFP Proposals; Finalists selection and Interview. Selected finalists are notified.

Winter 2022: Submit signed Professional Services Agreement and City-related paperwork; work with the City and Project Partners to develop a timeline, scope, and process for public relations strategic plan.

Winter 2024: Completion of consultants services; or upon the City’s election and upon mutual agreement, the Services will be extended beyond the initial contract Term.

5. COMPENSATION
Compensation for Consultant’s Services will be:
• Based on any one or more of the following considerations, including, but not limited to: Consultant’s cost proposal, direct negotiations or Project budget. Ideal proposals will establish an estimated cost breakdown as further described in Section 6 below; and
• Subject to the ACC’s review and recommendations, and the City Council’s approval.

6. PROPOSAL GUIDELINES AND SUBMISSION DEADLINE
The City must receive the Proposal— consisting of the documents and images described in (a) through (e) below— on or before 5:00 p.m., Friday, September 30, 2022.

The Proposal must be:
• Clearly identified as “Public Relations Consultant Proposal”; and • Submitted via email to:

Jennifer Fukutomi-Jones, Principal Arts & Culture Administrator, at:
[email protected]

A Proposal received after this date and time will be considered non-responsive and the City will return the Proposal, unopened.

The firm’s proposal must include the following items in the sequence outlined below, noted with the appropriate heading as indicated below. If a firm is proposing as a team 60 of 143

5 or joint venture, provide the same information for each member of the team or joint venture.

1. Letter of Interest
• Include the Proposer’s name, address, phone number, and email. • Compose a letter of interest (maximum 2 pages) outlining relevant experience completed within the past five years that outlines your:
o Approach to ensuring innovative and outstanding communication, marketing, branding, and public relations services which meet the project goals as outlined above; and
o Best represents your ability to complete the anticipated services listed in this RFP.

2. Proposal
• Executive summary: should be limited to two (2) pages and shall include a statement of:
o Brief company profile history and philosophy; and
o Firm’s understanding of the scope of work to be accomplished. • Background and Qualifications
o Identify your firm’s departments and specify whether the functions are performed in-house or outsourced. Also, include the number of full-time personnel and breakdown according to function; o Describe your firm’s unique point-of-difference within the following:
- Position in the marketplace;
- Strongest capabilities or service niches;
- Active client list (not included in page count);
o List any third-party resources utilized to develop client reporting or measure engagement; and
o Identify any additional skills, experience, qualifications, and other relevant information about the firm’s qualifications.
• Work Plan: Should be limited to 10 pages maximum; descriptions should include tasks listed above in “Scope of Work.” In addition, include any steps/tasks not included in “Scope of Work” that you would recommend to strengthen the overall goals outlined:
o Describe your firm’s approach to strategic planning and the evaluation measures that are imposed during the process to ensure that the thinking generated, and the solutions presented, best serve the interests of the client;
o Describe your creative process and provide several examples of work that best exemplifies your firm’s branding skills; o Prepare examples of your firm’s creative work that cover an integration of communication efforts across a spectrum of disciplines and consumer touch points. You may provide samples in electronic format (e.g., shared folder, website).
o Outline types of information, data, and assistance expected from the City Staff and how you will meet the administrative support needs of this project.
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6 o Deliverables - Identify what will be delivered, including the expected outcome and the anticipated benefit to the ACC and City.
• Cost: Pricing may be provided in the most suitable format and may be presented in either:
o Monthly retainer breakdown OR
o Hourly rates based on the work performed.
o Pricing should include, but not be limited to, itemization by price of the following categories:
- Strategic Planning
- Media Planning, negotiations, buying
- Public Relations
- Social Media
- Content Creation
- Creative Development
- Digital Management
- Production
- Branding
o The prices quoted should be inclusive.
o If your pricing excludes certain fees or charges, you must provide a detailed list of excluded fees with a complete explanation of the nature of those fees.
o If the execution of work to be performed by your company requires the hiring of subcontractors, you must clearly state this in your proposal. Sub-contractors must be identified and the work they will perform must be defined.
• Portfolio Images
o Include up to 10 images and descriptions/statements of up to 5 projects that best represent projects that are similar in scope that you procured, or managed, or did both.

3. References
• Provide three (3) references that the firm has provided services to within the past three (3) years. Supplemental information— including reports and/or press of similar projects you have created and promotional materials you have produced— may be submitted with references. The contact person named should be familiar with the firm and be willing to respond to questions regarding the type, level, and quality of service provided.

7. PROPOSER’S REPRESENTATIONS
By submitting a Proposal, the Proposer represents that:
• The Proposer has thoroughly examined the RFP, made all necessary investigations and inquiries, and understand the services that the City requires;
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7 • The RFP is sufficient in scope and detail to indicate and convey reasonable understanding of all requirements, terms, and conditions for performance of the work required for the services;
• The Proposer is fully familiar with — and has fully considered — all facts, conditions, circumstances;
• The Proposal is an irrevocable offer for a period of at least ninety (90) calendar days following the City’s opening of all Proposals; and • The Proposer is, and will be, in compliance with the RFP’s requirements, terms, and conditions.

8. INDEMNIFICATION
At its expense, the Proposer agrees to indemnify, defend, and hold harmless the City and its officers, agents, employees, and representatives from and against any and all liability, suits, actions, proceedings, judgments, claims, demands, liens, losses, damages, costs, and expenses (including attorneys’ fees, litigation, arbitration, mediation, appeal expenses) if a dispute, lawsuit, or other proceeding arises out of any one or more of the following:
• A Proposer’s submission of the Proposal;
• The City’s accepting a Proposer’s Proposal; or
• The City’s awarding a Contract to a Proposer in compliance with this RFP, or state, federal, or local laws.

9. IDENTIFYING PROPRIETARY INFORMATION; PUBLIC RECORDS ACT A Proposer must identify and list all copyrighted material, trade secrets, or other proprietary information (“protectable documents”) that the Proposer included in its Proposal which the Proposer believes should be exempt from disclosure under California’s Public Records Act, Government Code Section 6250, et seq.

By listing the documents, the Proposer agrees to indemnify, defend, and hold harmless the City and its officers, agents, employees, and representatives from and against any action, claim, lawsuit, or proceeding, including costs and expenses, arising out of or connected with the City’s refusal to disclose the protectable documents to any party making a request for those items.

The City will treat any Proposer who fails to identify documents that the Proposer believes should be exempt from disclosure as ha ving waived its right to an exemption from disclosure, as the Public Records Act provides.

10. SIGNATURES
The person or persons legally authorized to bind the Proposer to the RFP must sign the Proposal in ink. The individual(s) signing the Proposal must represent that they are authorized to bind the Proposer’s legal entity.

• A corporation must execute the Proposal by its duly authorized officer(s) in accordance with its corporate bylaws.
• A partnership must execute the Proposal by all of its partners. After each signature, each partner must list a residential address or the firm’s address, either of which must include the state, zip code, and telephone number. 63 of 143

8 • If the Proposer is a joint venture consisting of a combination of any of the above entities, each entity in the joint venture must sign the Proposal. • An individual signing a Proposal as an agent of another, or others, must attach to the Proposal evidence of that person’s legal authority to sign on behalf of another, or others.

11. PROPOSAL PREPARATION EXPENSES
Expenses for developing the RFP response are entirely the responsibility of the Proposer and are not chargeable to the City in any manner. The City is not liable for any pre- contractual expenses, which are defined as expenses incurred by the Proposer in:

• Preparing its Proposal in response to this RFP.
• Negotiating with the City any matter related to the Proposal. • Any other expense incurred by the Proposer before the date of award of the Contract for this RFP.

12. PROPOSAL RETENTION
All Proposals and other material submitted become the property of the City and may be returned only at the City’s option. The City reserves the right to use any ideas presented in any response to the RFP. Selection or rejection of the Proposal does not a ffect this right.

13. QUESTIONS; INTERPRETATION OR CORRECTION OF RFP
If a Proposer has any question about this RFP or the Scope of Services― or if an Proposer finds any error, inconsistency, or ambiguity in the RFP, or the Scope of Services, or both― the Proposer must make a “Request for Clarification” before submitting its Proposal.

The Proposer must submit a Request for Clarification in writing— by letter or email— to:

Jennifer Fukutomi-Jones, Principal Arts & Culture Administrator Library, Arts & Culture Department
222 East Harvard Street
Glendale, CA 91205
[email protected].

The City must receive the Request for Clarification on or before 5:00 p.m. Friday, September 16, 2022.

If necessary, the City will make clarifications, interpretations, corrections, or changes to the RFP, or the Scope of Work or both, in writing by issuing Addenda, as described in Section 13 (below). An Proposer must not rely upon, and the City is not bound by, purported clarifications, interpretations, corrections, or changes to the RFP and the proposed Scope of Work, that are made verbally or in a manner other than a written advisory from the City.

14. ADDENDA
The City will issue Addenda in writing only. A Proposer must not rely upon, and the City is not bound by, purported clarification, interpretations, corrections, or changes to the RFP 64 of 143

9 that are made verbally or in a manner other than written Addenda from the City. The City will make reasonable efforts to deliver Addenda to all Proposers whom the City knows have received the RFP and have provided a street address for receipt of Addenda. The City cannot guarantee that all Proposers will receive all Addenda.

Proposers may also inspect the Addenda at:

Glendale Central Library
222 East Harvard Street
Glendale, CA 91205
(Business hours, Monday – Friday, 9 a.m. – 5 p.m.)

This RFP is also on file there.

15. WITHDRAWAL, CANCELLATION, OR MODIFICATION OF A PROPOSAL Before the Proposal Deadline, a Proposer may withdraw and then modify a Proposal, by giving written notice, signed by the Proposer. A withdrawal request must be addressed as follows and delivered to:

Jennifer Fukutomi-Jones, Principal Arts & Culture Administrator

Library, Arts & Culture Department
222 East Harvard Street
Glendale, CA 91205

For a withdrawal to become effective, the City must receive the Proposer’s request for withdrawal before the Proposal Deadline. The City will not accept or consider a Proposer’s verbal request for modification or withdrawal of a Proposal.

If a Proposer withdraws its Proposal, the withdrawal will not prejudice the Proposer’s right to submit a new Proposal, if the new Proposal is submitted: a) in accordance with the RFP’s requirements, and b) before the Proposal Deadline.

After the Proposal Deadline, a Proposer must not withdraw, cancel, or modify its Proposal for a period of at least ninety (90) calendar days following the Proposal’s opening. The City may extend the 90-day period upon the City’s written request and upon the affected Proposer’s written approval.

16. SELECTION PROCESS; EVALUATION CRITERIA
An evaluation committee— selected by the Director of Library, Arts & Culture (“Director”)— will review timely submitted Proposals to determine whether they are responsive to the requisites of this RFP. Proposals that are determined by the committee to be non-responsive or submitted after the deadline may be rejected.

A Proposer’s submission will be evaluated and scored on the criteria listed in the chart on next page.

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10 EVALUATION CRITERIA PERCENTAGE
SCORE
• Qualifications
• Demonstrated knowledge of Glendale, CA or
process to reach an understanding of it.
25%
Experience in:
• An innovative and effective approach
to cultural arts community planning, with
a proven record of working with
municipalities and/or large organizations
to manage public relations and/or
marketing initiatives;
• Working with municipalities and/or large
organizations to manage public relations
and/or marketing initiatives;
• Overseeing and coordinating public
relations campaigns, branding and
marketing
• Successfully completing projects
according to the budget and
established timeline.

• Innovation and Creativity 25%
A Proposer must provide strategic
recommendations on how to brand and
establish Glendale as an arts and culture
destination. Recommendations must be
thoughtful, innovative, unique and creative.

• Cost and Budget Control 15%
A Proposer must provide documentation
demonstrating the ability to complete projects
within cost and budget.

• Proposal Content and Schedule 20%
A Proposer must demonstrate ability and
commitment to complete work on schedule
and according to guidelines.

• Overall Proposal Responsiveness 15%
A Proposal will be evaluated on the Proposer’s
overall responsiveness to the requests of this
RFP.

TOTAL 100%
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11 The City may investigate the qualifications of a Proposer under consideration, require confirmation of information furnished by the Proposer, and call upon the Proposer to provide additional information or evidence of the Proposer’s qualifications for the Services described in this RFP.

17. POST-PROPOSAL INTERVIEWS
After the committee has evaluated the Proposals, Proposers may be asked to attend one or more interviews to review their Proposal and their qualifications to perform the work.

18. AWARD OF CONTRACT
The committee will submit recommendations to the Director. The Director may select a successful Proposer, and then may make a recommendation to the ACC. Alternatively, the Director may present the finalists to the ACC for consideration and selection of the successful Proposer. After the ACC makes a recommendation, the Director may submit a recommendation for the City Council’s consideration for an award of a contract.

Within ninety (90) calendar days after the City opens all Proposals, if the Director selects a Proposal, the City will give the selected Proposer a “Notice of Intent to Award Contract.”

Once selected, the successful Proposer must enter into a written Professional Services Agreement (“Contract”) with the City within thirty (30) calendar days following the Proposer’s receiving the City’s “Notice of Award of Contract” or within any extension that the City may allow. The Notice will specify the “start date” for performing the Consultant’s Services. The RFP, or any part of it, and the Proposer’s responses, will be incorporated into and made a part of the Contract. A copy of the proposed Contract is provided as EXHIBIT A.

Before Consultant’s Services can commence, the selected Proposer must execute the Contract, which is a standard form of agreement. To facilitate smooth and timely implementation, a Proposer responding to this RFP must review all terms and conditions of the Contract, including, but not limited to, provisions relating to insurance, indemnity, and termination.

The City’s policy is that the Contract be accepted as is. By submitting a Proposal to the City in response to this RFP, a Proposer is deemed to have provided its approval to the Contract, accepting it without qualification. If a Proposer seeks limited modification of the Contract, then in the Proposal a Proposer must identify the proposed changes.

However, changes or qualifications to the Contract may be weighed in the evaluation of the Proposal and may cause rejection of the Proposal as non-responsive, in the City’s determination.

The City reserves the right to further negotiate the terms and conditions of the Contract.

The Proposer whom the City Council selects must cooperate with the City in good faith to negotiate, sign, and deliver the final Contract. The City will draft the Contract and 67 of 143

12 may require the selected Proposer to attend one or more Contract negotiation conferences to discuss possible:
• Revisions to the Contract’s service-related terms, conditions, requirements (other than the insurance and the indemnity provisions), specifications, or minimum performance standards; and
• Additions to the Contract, by the parties’ mutual agreement, or as a City Ordinance or Resolution, the City’s Charter or Municipal Code, or any other law may require.

At any time and for any reason, if Contract negotiations with the selected Proposer fail to progress, to the City’s reasonable satisfaction, the City reserves the right to not only end negotiations with the selected Proposer, but also cancel the award and reject the Proposal. At its discretion, the City may then: reopen the proposal process; choose from among the remaining, if any, qualified Proposers; reissue the RFP; negotiate directly with any Proposer for the Services; or choose not to contract for the Services.

The selected Proposer must submit to the City all of the following items:
• Three (3) originals of the Contract, properly signed by the Proposer. • Insurance certificates and additional insured endorsements that fully conform to the Contract’s requirements.

After the City receives the signed Contracts and insurance documents, the City Attorney’s office will review the Contract. Additionally, the City Attorney’s office or the City’s Risk & Insurance Services Manager will review the required insurance. If the selected Proposer has not changed any terms of the Contract, and if the insurance conforms to the Contract’s requirements, the City will sign the Contract and return an original of the Contract to the Proposer.

19. INSURANCE
At its expense, the successful Proposer must obtain and maintain insurance, while the Contract is in effect, that fully meets the requirements of— and contains provisions entirely consistent with— all of the City’s “Insurance Requirements,” which are included in the proposed Contract as EXHIBIT D to be shared with finalists. Evidence of the insurance coverages will need to be in place before a Consultant starts performing the Services. A Proposer must be prepared to meet all City insurance requirements (with at no additional cost to the City), if the Proposer is awarded a Contract. The City will require certificates of insurance and additional insured endorsements when the successful Proposer submits a signed Contract to the City.

20. CITY’S RESERVATION OF RIGHTS
This RFP and the Proposal evaluation process do not:
• Obligate the City to accept or select any Proposal.
• Constitute an agreement by the City that it will actually enter into any contract with any Proposer.
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13 When it best serves the City’s interests, the City may do any one or more of the following:
• Reject any Proposal or all Proposals at its sole discretion. • Extend the deadline for accepting Proposals.
• Accelerate the pace of the RFP process if only one or a handful of Proposals are received.
• Waive any or all information, defects, irregularities, or informalities in a Proposal. • Accept amendments to Proposals after the Submission Deadline. • Amend, revise, or change the RFP’s evaluation or selection criteria before the Submission Deadline.
• Cancel, withdraw, amend, revise, change, or negotiate the terms of this RFP, the proposed contract, or both.
• Reissue a Request for Proposals.
• Conduct oral interviews.
• Visit Consultant’s facilities or business.
• Examine financial records of Consultant to the extent necessary to ensure financial stability.
• Make a partial award.
• Negotiate with one or more Consultants.
• Award contracts to one or more Consultants.
• Require a best and final offer from one or more Consultants. • Provide its own services, or contract directly — without an RFP or bids — for those services.

21. LETTER OF OBJECTION; PROCEDURES
A Proposer, who believes that any part of this RFP is discriminatory against the Proposer or precludes the Proposer from being given reasonable consideration in the procurement process, must submit an objection in writing— by letter only— to the City. The City will not consider any verbal objection. The Letter of Objection must clearly state:
• The specific objections;
• The areas of concern;
• The facts supporting the objections; and
• A proposed method for resolving the objections.

The Proposer, or the person who is duly authorized to represent the Proposer, must sign the correspondence.

The Proposer must deliver or mail the Letter of Objection to:
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14 Jennifer Fukutomi-Jones, Principal Arts & Culture Administrator Library, Arts & Culture Department
222 East Harvard Street
Glendale, CA 91205

The City must receive the Letter of Objection on or before 5:00 p.m., Friday, September 30, 2022.

Upon the City’s timely receipt of the objection letter, the City will review the Proposer’s contention(s). If the City decides that the RFP― whether in whole or in part― needs revision, the City will prepare Addenda, as described in Section 14 of this RFP.

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1 EXHIBIT A
Sample Contract

The proposed Contract is set forth below. THIS IS A DRAFT VERSION OF THE CONTRACT.

The City reserves the right to revise this proposed Contract, including its service- related terms, conditions, requirements, specifications, or minimum performance standards.

THE FINAL VERSION MAY CONTAIN NEW OR DIFFENENT TERMS.

CONTRACT No. _________

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GLENDALE
AND
____________________

THIS AGREEMENT (“Agreement”), effective ________________, 20___ (“Effective Date”), is between the City of Glendale (“CITY”), a municipal corporation, and ____________________ (“CONSULTANT”), a
[(Name of State) corporation/ partnership/
limited partnership/ limited liability company/ a sole proprietor/ an individual] (collectively, “PARTIES” or individually, “PARTY”).

RECITALS

A. CITY is a public entity organized and existing under its Charter and the State of California’s Constitution.

B. CONSULTANT represents that CONSULTANT is, and will co ntinue to be for this Agreement’s duration, a [(Name of State) corporation in good standing/ partnership/ limited partnership/ limited liability company / a sole proprietorship/ an individual] (which) (who) employs persons who are duly registered or licensed to practice in the State of California.

C. CONSULTANT possesses the competence, experience, expertise, skill, facilities, equipment, personnel, financial wherewithal, and other resources necessary to perform this Agreement’s tasks in a professional and competent manner.

D. CONSULTANT desires to furnish and perform professional services for CITY, on the terms and conditions described in this Agreement. CONSULTANT has the legal authority to provide, engage in, and carry out the professional services set forth in this Agreement.

AGREEMENT

THEREFORE, CITY engages CONSULTANT’s services, and in consideration of the PARTIES’ mutual promises, the PARTIES agree as follows:

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2 1.0 INCORPORATION OF RECITALS

1.1. The Recitals constitute the factual basis upon which CITY and CONSULTANT have entered into this Agreement. CITY and CONSULTANT acknowledge the Recitals’ accuracy and, therefore, incorporate them into this Agreement.

2.0 TERM

2.1. This Agreement begins on the Effective Date, and continues in effect until completion of the work described in Article 3 .0, unless this Agreement ends sooner according to the terms elsewhere in this document.

3.0 SERVICES

3.1. Scope of Work. Working with CITY’s Library, Arts and Culture Department (“GLAC”), CONSULTANT shall strategically perform communication, marketing, branding, and public relations services for arts and cultural events, exhibits, and public art in the City of Glendale, including, but not limited to: creating branding strategies/programming plan to brand Glendale as a Southern California hub for urban arts; communicating Glendale’s offerings in art, culture, and creative industries; and establishing an analysis and/or research of other municipalities to determine what makes a city an arts and culture destination (collectively, “Services”) in accordance with the Scope of Work and Project Time Schedule, which are attached as “Exhibit A” and “Exhibit B,” respectively, to this Agreement and are incorporated into it by this reference.

3.2. Written Authorization. CONSULTANT shall not make changes in the Scope of Work, perform any additional work, or provide any additional material, without first obtaining written authorization from CITY. If CONSULTANT provides additional services or materials without written authorization, or if CONS ULTANT exceeds the Maximum Cost in Paragraph 8.4 of this Agreement, CONSULTANT proceeds at CONSULTANT’s own risk and without payment.

3.3. Professional Standard of Care. During this Agreement’s Term:

(A) CONSULTANT and its Subconsultants, subcontractors, employees, and agents (collectively, “CONSULTANT PARTIES”) shall perform all of the Services in this Agreement in an expeditious and professional manner, using professionals properly licensed and duly qualified to perform the Services.

(B) CONSULTANT PARTIES shall perform the work described in this Agreement in accordance with generally accepted professional practices and principles, and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of CON SULTANT PARTIES’ profession currently practicing in California.

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3 (C) CONSULTANT PARTIES are responsible for making an
independent evaluation and judgment of all conditions affecting performance of the work, including without limitation: site conditions; existing facilities; seismic, geologic, soils, hydrologic, geographic, climatic conditions; applicable (federal, state, county, local, CITY) laws, rules, regulations, orders, and procedures; and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, or any other information or documents that CITY provides relating to site, local, or other conditions are not warranted or guaranteed, either expressly or implied, by CITY.

(D) When the Scope of Work requires or permits CITY’s review, approval, conditional approval, or disapproval, CONSULTANT acknowledges that CITY’s review, approval, conditional approval, or disapproval:

(1) Is solely for the purposes of administering this Agreement and determining whether CONSULTANT is entitled to payment for its Services;

(2) Is not to be construed as a waiver of any breach, or acceptance by CITY, of any responsibility — professional or otherwise— for the Services or CONSULTANT’s work product;

(3) Does not relieve CONSULTANT of the responsibility for complying with the standard of performance or professional care; or laws, regulations, or industry standards; and

(4) Does not relieve CONSULTANT from liability for damages arising out of CONSULTANT’s: negligent acts, errors, or omissions; recklessness; willful misconduct; or noncompliance with industry standards.

(E) Without additional compensation to CONSULTANT and at no cost to CITY, CONSULTANT shall correct or revise all errors, mistakes, or deficiencies in its work product, studies, reports, designs, drawings, specifications, or other services.

4.0 TIME FOR PERFORMANCE

4.1. CONSULTANT shall perform the Services according to the Scope of Work and Project Time Schedule (“Exhibit A” and “Exhibit B”). CONSULTANT shall complete all of the Services by December 31, 2024.

4.2. If the Project Time Schedule calls for performance of the Services in phases or discrete increments, CONSULTANT shall not proceed from one phase or increment to the next without written authorization from CITY’s Project Manager.

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4 4.3. Force Majeure. If an event or condition constituting a “force majeure”— including an act of God, labor dispute, civil unrest, epidemic, pandemic, or natural disaster— prevents or delays a PARTY from performing or fulfilling an obligation under this Agreement, the PARTY is not in Default, under Paragraph 13.1 of this Agreement, of the obligation. A delay beyond a PARTY’s control automatically extends the time, in an amount equal to the period of the delay, for the PARTY to perform the obligation under this Agreement. The PARTIES shall prepare and sign an appropriate document acknowledging any extension of time under this Paragraph.

5.0 PERSONNEL

5.1. Project Management. Each PARTY shall appoint a Project Manager. The Project Managers shall meet monthly or as needed to coordinate, review, and ensure CONSULTANT’s performance under this Agreement. CITY’s Project Manager will oversee the administration of CONSULTANT’s tasks under this Agreement.

5.2. Key Personnel. CONSULTANT’s Project team shall work under the direction of the following key personnel [IDENTIFY CONSULTANT’S KEY PERSONNEL AND TITLE]. CONSULTANT shall minimize changes to its key personnel. CITY may request key personnel changes, and CITY may review and approve key personnel changes proposed by CONSULTANT. CITY will not unreasonably withhold approval of key personnel assignments and changes.

5.3. Use of Agents or Assistants. With CITY’s prior written approval, CONSULTANT may employ, engage, or retain the services of persons or entities (“Subconsultants”) that CONSULTANT may deem proper to aid or assist in the proper performance of CONSULTANT’s duties. CITY is an intended beneficiary of all work that the Subconsultants perform for purposes of establishing a duty of care between the Subconsultants and CITY. CONSULTANT is as responsible for the performance of its Subconsultants as it would be if it had rendered the Services itself. All costs of the tasks performed or the expenses incurred by the Subconsultants are chargeable directly to CONSULTANT. Nothing in this Agreement constitutes or creates a contractual relationship between CITY and anyone other than CONSULTANT.

5.4. Independent Contractor.

(A) CONSULTANT understands and acknowledges that CONSULTANT is an independent contractor, not an employee, partner, agent, or principal of CITY. This Agreement does not create a partnership, joint venture, association, or employer-employee relationship between the PARTIES. At its own expense, CONSULTANT is responsible for providing compensation; employment benefits; disability, unemployment, and other insurance; workers’ compensation; training; permits and licenses; and office space for CONSULTANT and for CONSULTANT’s employees and Subconsultants. CONSULTANT has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons whom CONSULTANT uses in performing the Services under this Agreement. CONSULTANT shall provide the Services in 74 of 143

5 CONSULTANT’s own manner and method, except as this Agreement specifies.

CONSULTANT shall treat a provision in this Agreement that may appear either to give CITY the right to direct CONSULTANT as to the details of doing the work, or to exercise a measure of control over the work, as giving CONSULTANT direction only as to the work’s end result.

(B) CONSULTANT shall indemnify, defend (including CONSULTANT’s providing and paying for legal counsel for CITY), and hold harmless CITY for any obligation; claim; suit; demand for tax or retirement contribution, including any contribution or payment to the Public Employees Retirement System (PERS); social security; salary or wages; overtime, penalty, or interest payment; or workers’ compensation payment that CITY may be required to make on behalf of CONSULTANT, an employee of CONSULTANT, or any employee of CONSULTANT construed to be an employee of CITY, for the work done under this Agreement.

5.5. Workers’ Compensation. CONSULTANT understands and
acknowledges that all persons furnishing services to CITY under this Agreement are, for the purpose of workers’ compensation liability, employees solely of CONSULTANT and not of CITY. In performing the Services or the work under this Agreement, CONSULTANT is liable for providing workers’ compensation benefits to CONSULTANT’s employees, or anyone whom CONSULTANT directly or indirectly hires, employs, or uses. CITY is not responsible for any claims at law or in equity caused by CONSULTANT’s failure to comply with this Paragraph.

6.0 COMPLIANCE WITH LAWS AND REGULATIONS

6.1. Representation of Compliance. By delivering the completed work, CONSULTANT PARTIES represent and certify that their work conforms to: the requirements of this Agreement; all applicable (federal, state, county, local, CITY) laws, rules, regulations, orders, and procedures; and the professional standard of care in California.

6.2. Disability Access Laws. CONSULTANT represents and certifies that the work product, studies, reports, designs, drawings, and specifications that CONSULTANT prepares under this Agreement fully conform to all applicable disability access and design laws, regulations, and standards — including the Americans with Disabilities Act (42 U.S.C. Sections 12101 et seq.) and Title 24 of the California Code of Regulations— when the Scope of Work requires or calls for compliance with those laws, regulations, or standards.

6.3. Prevailing Wage Laws. Services by persons deemed to be employees of CONSULTANT possibly may be subject to prevailing wage, payroll records, apprenticeship, and contract award reporting requirements under California Labor Code Sections 1770- 1781 (collectively, “prevailing wage laws”). CONSULTANT’s sole responsibility is to comply with those requirements, should they apply. If a dispute based upon the prevailing wage laws occurs, CONSULTANT, at its expense, shall indemnify, defend (including CONSULTANT’s providing and paying for legal counsel for CITY), and hold harmless CITY, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, wages, costs, or 75 of 143

6 expenses pertaining to the prevailing wage laws.

6.4. Non-Discrimination in Employment and Services. CONSULTANT shall not discriminate against any employee or person who is subject to this Agreement because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, gender identity, gender expression, marital status, pregnancy, parenthood, medical condition, physical or mental disability, genetic information, or military or veteran status.

7.0 FACILITIES

7.1. CONSULTANT shall provide all facilities necessary to fully perform and complete the Services. If CONSULTANT needs to use a CITY facility, CONSULTANT shall meet and confer with CITY before CONSULTANT begins the work that this Agreement requires, the PARTIES shall agree to any costs chargeable to CONSULTANT, and in an amendment to this Agreement, the PARTIES shall describe the facility’s terms of use and its charges.

7.2. CONSULTANT shall pay for any damage to CITY property, facilities, structures, or streets arising out of CONSULTANT’s use, occupation, operation, or activities in, upon, under, or over any portion of them.

8.0 PAYMENT

8.1. CITY’s payment to CONSULTANT will be based upon CONSULTANT’s Fee Schedule, which is attached as “Exhibit C” to this Agreement and is incorporated into it by this reference. Except as itemized in the Fee Schedule, CONSULTANT shall pay for all expenses, including reimbursable or out-of-pocket expenses, that CONSULTANT incurs in performing the Services. The Fee Schedule will remain in effect for the Agreement’s Term.

8.2. Fee. CITY shall pay for the Services in one or more installments for the phase listed in “Exhibit B,” the TOTAL amount of which is not to exceed ___________ dollars ($____________). Each installment will be payable upon satisfactory completion, in CITY’s determination, of the Services in each phase identified below, and in an amount proportionate to the Services CONSULTANT performed or completed within each phase:

Phase: Description: Amount:

I – Description of Phase $ ______
II – Description of Phase $ ______
III – Description of Phase $ ______

TOTAL (MAXIMUM COST): $______

8.3. If CITY requires additional work not included in this Agreement, CONSULTANT and CITY shall negotiate the additional work, mutually agree on the amount of additional compensation, and memorialize the terms in either a separate written contract 76 of 143

7 or an amendment to this Agreement.

8.4. Maximum Cost. CONSULTANT expressly acknowledges that the total cost to complete all tasks set forth in “Exhibit A” must not exceed _________________dollars ($____________) (“Maximum Cost”). When CONSULTANT has billed 75% of the Maximum Cost, CONSULTANT shall provide written notice to CITY’s Project Manager that CONSULTANT has expended 75% of the Maximum Cost.

8.5. Taxes. CONSULTANT shall pay all applicable (federal, state, county, local, CITY) excise, sales, consumer use, possessory interest, or other similar taxes required by law that are levied upon this Agreement or upon the S ervices that CONSULTANT performs under this Agreement.

8.6. Invoices. CONSULTANT shall submit:

(A) A n original, itemized invoice to CITY for approval, before receiving compensation. All invoices must contain:

(1) The word “INVOICE”;

(2) An invoice number;

(3) An invoice date;

(4) The words “BILL TO: City of Glendale”;

(5) The CITY-issued contract number;

(6) A d escription of the Services performed;

(7) The dates that the Services were performed;

(8) A brief itemization of costs associated with each task or phase;

(9) T he total phase or Project costs to date;

(10) T he total amount due on the invoice; and

(11) Payment instructions (“Make payable to ___” or “Remit to ___”).

(B) The invoice:

(1) At no more than monthly intervals; and

(2) Directly to CITY’s Finance Department in one of the following two ways:

Option 1: Electronically via:
https://www.glendaleca.gov/government/depart
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8 ments/finance/accounting/invoice-submittal

CONSULTANT shall:

• P repare the invoices in PDF format; and
• S ubmit only one (1) invoice per PDF file.

Submitting multiple invoices in a single PDF file,
or submitting an invoice without the CITY- issued
contract number, will cause a delay in payment.

Option 2: By mail to the following address:

City of Glendale
Attn: Accounts Payable
141 N. Glendale Ave, Room 346
Glendale, CA 91206

9.0 AUDIT BY CITY

9.1. During this Agreement’s Term and for a period of four (4) years after the expiration, cancellation, or termination of this Agreement, or any extension of it, CONSULTANT shall:

(A) Keep and maintain, in their original form, all records, books, papers, or documents related to CONSULTANT’s performance of this Agreement; and

(B) Permit CITY or its authorized representatives, at all reasonable times, to have access to, examine, audit, excerpt, copy, photocopy, photograph, or transcribe all records, books, papers, or documents related to CONSULTANT’s performance of this Agreement, including direct and indirect charges, and detailed documentation, for work CONSULTANT has performed or will perform under this Agreement.

10.0 DATA, RECORDS, PROPRIETARY RIGHTS

10.1. Copies of Data. CONSULTANT shall provide CITY with copies or originals of all data that CONSULTANT generates, uses, collects, or stores in relati on to all work associated with this Agreement. Data that CONSULTANT generates, uses, collects, stores, or provides must be in a form acceptable to, and agreed upon by, CITY.

10.2. Ownership and Use.

(A) Unless CITY states otherwise in writing, each document— including each report, draft, record, drawing, or specification (collectively, “work product”) — that CONSULTANT prepares, reproduces, or causes its preparation or reproduction for this Agreement is CITY’s exclusive property.
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9 (B) CONSULTANT acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work. CONSULTANT makes no representation of the work product’s application to, or suitability for use in, circumstances not contemplated by the Scope of Work.

10.3. Intellectual Property.

(A) If CONSULTANT uses or incorporates patented, trademarked, copyrighted, or proprietary work, ideas, or products — in whole or in part — into CONSULTANT’s work product, CONSULTANT represents that:

(1) CONSULTANT’s work product does not infringe on any patent, copyright, trademark, trade name, or proprietary right of any person, organization, or entity; and

(2) CONSULTANT holds the patent, trademark, copyright , or proprietary right to the work, idea, or product; or

(3) CONSULTANT is licensed to use the patented, trademarked, copyrighted, or proprietary work, idea, or product.

(B) Unless CITY states otherwise in writing, all proprietary rights or intellectual property rights, including copyrights, that arise from creation of the work under this Agreement vest in CITY. CONSULTANT waives and relinquishes all claims to proprietary rights and intellectual property rights, including copyrights, in favor of CITY.

(C) Without CITY’s prior written approval, CONSULTANT shall not use, reproduce, or display CITY’s corporate insignia in any document or medium, including: an advertisement, promotional material, television or radio commercial, social media, or the internet or CONSULTANT’s website.

(D) CONSULTANT shall indemnify, defend (including CONSULTANT’s providing and paying for legal counsel for CITY), and hold harmless CITY, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, royalties, fines, penalties, costs, or expenses arising out of or alleging any infringement or misappropriation of a patent, copyright, trade secret, trade name, trademark, or other intellectual property right or proprietary right.

10.4. Confidentiality. CONSULTANT shall not use any information that it obtains from performing the Services for any purpose other than for fulfillment of CONSULTANT’s Scope of Work. Without CITY’s prior written authorization, CONSULTANT shall not disclose or publish — or authorize, permit, or allow others to disclose or publish— data, drawings, designs, specifications, reports, or other information relating to the Services or the work that CITY assigns to CONSULTANT or to which CONSULTANT has access.

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10 10.5. Public Records Act.

(A) CONSULTANT acknowledges that this Agreement is a public record.

This Agreement, its Exhibits, and all documents produced under this Agreement are subject to the California Public Records Act ( Government Code Sections 6250 et seq.), including its exemptions. CONSULTANT acknowledges that CITY has no obligation to notify CONSULTANT when a request for records is received.

(B) CONSULTANT shall identify in advance all records, or portions of them, that CONSULTANT believes are exempt from production under the Public Records Act.
(C) If CONSULTANT claims a privilege against public disclosure or otherwise objects to the records’ disclosure, then:

(1) CONSULTANT may, when notified by CITY of the request, seek protection from disclosure by timely applying for relief in a court of competent jurisdiction; or

(2) CITY may either decline to produce the requested
information, or redact portions of the documents and produce the redacted records.

(D) If CONSULTANT fails to identify one or more protectable documents, in CITY’s sole discretion, and without its being in breach of this Agreement or its incurring liability to CONSULTANT, CITY may produce the records — in whole, in part, or redacted— or may decline to produce them.

(E) CONSULTANT shall indemnify, defe nd (including CONSULTANT’s providing and paying for legal counsel for CITY), and hold harmless CITY, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging CITY’s refusal to publicly disclose one or more records that CONSULTANT identifies as protectable, or asserts is protectable.

11.0 CONFLICT OF INTEREST; CAMPAIGN CONTRIBUTIONS

11.1. Conflict of Interest. CONSULTANT represents and certifies that:

(A) CONSULTANT’s personnel are not currently officers, agents, employees, representatives, or elected officials of CITY;

(B) CONSULTANT will not employ or hire a CITY officer, agent, employee, representative, or elected official during this Agreement’s Term;

(C) CITY’s officers, agents, employees, representatives, and elected officials do not, and will not, have any direct or indirect financial interest in this Agreement; 80 of 143

11 and
(D) During this Agreement’s Term, CONSULTANT will inform CITY promptly about an existing or potential conflict of interest that may arise as a result of any change in circumstances.

11.2. Campaign Contributions.

(A) CONSULTANT and its Subconsultants shall fully comply with Glendale Municipal Code Section 1.10.060, which places limitations on CONSULTANT’s and its Subconsultants’ ability to make campaign contributions to certain elected City officials or candidates for elected City office. Specifically, Section 1.10.060 prohibits:

(1) A consultant (including a subconsultant)― who has a contract with the City of Glendale, Glendale Successor Agency, or the Housing Authority of the City of Glendale and that contract is subject to approval by the City Council, Successor Agency, or Housing Authority― fr om making a contribution to a City Council member, City Clerk, or City Treasurer, when the contract has a total anticipated or actual value of $50,000 or more, or a combination or series of contracts having a value of $50,000 or more; and

(2) A City Council member, Successor Agency member, or
Housing Authority member from voting on a contract in which a consultant (or a subconsultant) has provided a campaign contribution.

(B) CONSULTANT acknowledges that even if the Maximum Cost in Paragraph 8.4 of this Agreement is less than $50,000, CONSULTANT still may be subject to the campaign contribution limitations in Glendale Municipal Code Section 1.10.060, when:
(1) CONSULTANT and CITY amend the Scope of Work in this Agreement which increases the Maximum Cost to equal or
exceed $50,000; or

(2) CITY, Glendale Successor Agency, or the Housing Authority awards CONSULTANT another contract which has a total
anticipated or actual value of $50,000 or more, or awards CONSULTANT a combination or series of contracts which have a value of $50,000 or more.

(C) CONSULTANT represents and certifies that:

(1) CONSULTANT has read and fully understands the provisions of Glendale Municipal Code Section 1.10.060;

(2) CONSULTANT will not: (a) make a prohibited campaign contribution to an individual holding CITY elective office; or (b) 81 of 143

12 otherwise violate Glendale Municipal Code Section 1.10.060; and (3) CONSULTANT shall timely complete, return, and update one or more disclosure or reporting forms that CITY provides.

12.0 INSURANCE

12.1. When CONSULTANT signs and delivers this Agreement to CITY, and during this Agreement’s Term, CONSULTANT shall furnish CITY with insurance forms that fully meet the requirements of— and contain provisions entirely consistent with— all of the “Insurance Requirements,” which are attached as “Exhibit D” (D -1 to D -___) to this Agreement and are incorporated into it by this reference.

12.2. This Agreement’s insurance provisions:

(A) Are separate and independent from the indemnification and defense provisions in Article 13.0 of the Agreement; and

(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 13.0 of the Agreement.

13.0 INDEMNITY

13.1. To the maximum extent permitted by law— including California Civil Code Section 2778— CONSULTANT, its employees, agents, Subconsultants, and persons whom CONSULTANT employs or hires (individually and collectively, “CONSULTANT INDEMNITOR”) shall indemnify, defend, and hold harmless CITY, its officers, agents, employees, and representatives (individually and collectively, “CITY INDEMNITEE”) from and against a “ liability” [as defined in Subparagraph (A) below], or an “ expense” [as defined in Subparagraph (B) below], or both, that arise out of, pertain to, or relate to an act, error, or omission of a CONSULTANT INDEMNITOR:

(A) “ Liability” means claims, suits, actions, causes of action, proceedings, judgments, decrees, awards, settlements, liens, losses, damages, injuries, or liability of any kind, whether the liability is:

(1) Actual or alleged;

(2) In contract or in tort; or

(3) For bodily injury (including accidental death), personal injury, advertising injury, or property damage.

(B) “ Expense” means fees, costs, sums, penalties, fines, charges, or expenses of any kind, including:

(1) Attorney’s fees;
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13 (2) Costs of an investigation, litigation, arbitration, mediation, administrative or regulatory proceeding, or appeal;

(3) Fees of an accountant, expert witness, consultant, or other professional; and

(4) Pre or post: judgment interest or settlement interest.

13.2. Under this Article, CONSULTANT INDEMNITOR ’s defense and indemnification obligations:

(A) Apply to a liability, or an expense, or both, that arise out of, pertain to, or relate to the actual or alleged passive negligence of a CITY INDEMNITEE; but

(B) Do not apply to a liability, or an expense, or both, that arise out of, pertain to, or relate to the sole active negligence or willful misconduct of a CITY INDEMNITEE.

13.3. To the extent that CONSULTANT I NDEMNITOR’s insurance policy provides an upfront defense to a CITY INDEMNITEE, CONSULTANT INDEMNITOR’ s obligation to defend a CITY INDEMNITEE under this Article:

(A) Means that CONSULTANT INDEMNITOR shall provide and pay for legal counsel, acceptable to CITY, for the CITY INDEMNITEE;

(B) Occurs when a claim, suit, comp laint, pleading, or action against a CITY INDEMNITEE arises out of, pertains to, relates to, or asserts an act, error, or omission of CONSULTANT INDEMNITOR; and

(C) Arises r egardless of whether a claim, suit, complaint, pleading, or action specifically names or identifies CONSULTANT INDEMNITOR.

13.4. Paragraph 13.3 does not limit or extinguish CONSULTANT INDEMNITOR’s obligation to reimburse a CITY INDEMNITEE for the costs of defending the CITY INDEMNITEE against a liability, or an expense, or both. The defense costs charged to CONSULTANT INDEMNITOR will not exceed CONSULTANT INDEMNITOR’s proportionate percentage of fault. A CITY INDEMNITEE’s right to recover defense costs and attorney’s fees under this Article does not require, and is not contingent upon, the CITY INDEMNITEE’s first:

(A) R equesting that CONSULTANT INDEMNITOR provide a defense to the CITY INDEMNITEE; or

(B) Obtaining CONSULTANT INDEMNITOR’ s consent to the CITY INDEMNITEE’s tender of defense.

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14 13.5. If CONSULTANT subcontracts all or any portion of the Services under this Agreement, CONSULTANT shall provide CITY with a written agreement from each Subconsultant, who must indemnify, defend, and hold harmless a CITY INDEMNITEE under the terms in this Article.

13.6. CONSULTANT INDEMNITOR’s obligation to indemnify, defend, and hold harmless a CITY INDEMNITTEE will remain in effect and will be binding upon CONSULTANT INDEMNITOR whether the liability, or the expense, or both, accrues— or is discovered— before or after this Agreement’s expiration, cancellation, or termination.

13.7. Except for Paragraph 13.3, this A rticle’s indemnification and defense provisions:
(A) Are separate and independent from the insurance provisions in Article 12.0;
(B) Are neither limited to nor capped at the coverage amounts that CITY now, or at a later date, specifies under the insurance provisions in Article 12.0; and

(C) Do not limit, in any way, the applicability, scope, or obligations of the insurance provisions in Article 12.0.

14.0 DEFAULT, REMEDIES, AND TERMINATION

14.1. Default. Default under this Agreement occurs upon any one or more of the following events:

(A) CONSULTANT refuses or fails— whether partially, fully, temporarily, or otherwise— to:
(1) Provide or maintain enough properly trained personnel, or licensed personnel, or both, to perform the Services that this Agreement requires;

(2) Pay for, obtain, ma intain, or renew the insurance policies or coverages that this Agreement requires;

(3) Comply with indemnification, defense, or hold harmless provisions that this Agreement requires; or

(B) CONSULTANT, or its personnel, or both— whether partially, fully, temporarily, or otherwise:

(1) Disregards or violates a law, ordinance, rule, procedure, regulation, directive, or order;

(2) Refuses or fails to pay for, obtain, maintain, or renew requisite licenses;

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15 (3) Refuses or fails to observe, perform, or fulfill a covenant, condition, obligation, term, or provision of this Agreement;

(4) Commits an unlawful, false, fraudulent, dishonest, deceptive, or dangerous act while performing the Services under this Agreement; or

(C) CONSULTANT:

(1) Or another party for or on behalf of CONSULTANT: institutes proceedings under any bankruptcy, reorganization, receivership or other insolvency; or assigns or transfers assets to its creditors;

(2) Delegates— whether in whole, in part, temporarily, or otherwise— its duties or obligations under this Agreement, without notifying CITY, or without CITY’s written authorization;

(3) Assigns, transfers, pledges, hypothecates, grants, or encumbers— whether in whole, in part, temporarily, or
otherwise— this Agreement or any interest in it, without notifying CITY, or without CITY’s written authorization;

(4) Or one of its partners, directors, officers, or general managers, or a person who exercises managerial authority on
CONSULTANT’s behalf, is convicted ( i.e., a plea of guilty, a verdict of guilty by a judge or jury, a plea of nolo contendere, or a forfeiture of bail) under state or federal law, during this Agreement’s Term, of embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, receiving stolen property, or other offense indicating a lack of business integrity or business honesty; or

(D) Any other justifiable cause or reason, as reasonably determined by the City Manager, or a designee.

14.2. Notice of Default. If CITY deems that CONSULTANT is in Default, or that CONSULTANT has failed in any other respect to perform s atisfactorily the Services specified in this Agreement, CITY may give written notice to CONSULTANT specifying the Default(s) that CONSULTANT shall remedy within 14 days after receiving
the notice. The Notice of Default will set forth one or more bases for any dissatisf action and may suggest corrective measures.

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16 14.3. Remedies upon Default. Within 14 days after receiving CITY’s Notice of Default, if CONSULTANT refuses or fails to remedy the Default(s), or if CONSULTANT does not commence steps to remedy the Default(s) to CITY’s reasonable satisfaction, CITY may exercise any one or more of the following remedies:

(A) CITY may, in whole or in part and for any length of time, immediately suspend this Agreement until such time as CONSULTANT has corrected the Default;

(B) CITY may provide for the Services either through its own forces or from another consultant, and may withhold any money due (or may become owing to) CONSULTANT for a task related to the claimed Default;

(C) CITY may withhold all moneys, or a sum of money, due CONSULTANT under this Agreement, which in CITY’s sole determination, are sufficient to secure CONSULTANT’s performance of its duties and obligations under this Agreement;

(D) CITY may immediately terminate the Agreement;

(E) CITY may exercise any legal remedy, or equitable remedy, or both, including filing and action in court:

(1) Seeking CONSULTANT’s specific performance of all or any part of this Agreement; or

(2) Recovering damages for CONSULTANT’s Default, breach, or violation of this Agreement; or

(F) CITY may pursue any other available, lawful right, remedy, or action.

14.4. Termination for Convenience. Independent of the remedies provided in Paragraph 14.3, CITY may elect to terminate this Agreement at any time for convenience and without cause or penalty upon 30 days’ prior written notice. On and after the termination date, CONSULTANT shall stop performing the Services. Upon termination, CONSULTANT shall receive compensation only for that work which CONSULTANT had satisfactorily completed to the termination date. CITY shall not pay CONSULTANT for de- mobilization, takedown, disengagement, wind-down, or other costs incurred arising out of this Agreement’s termination.

15.0 GENERAL PROVISIONS

15.1. Entire Agreement. This Agreement represents the entire and integrated agreement between the PARTIES. This Agreement supersedes all prior and contemporaneous communications, negotiations, understandings, promises and agreements, either oral or written. Neither CONSULTANT nor CITY has made any promises or representations, other than those contained in this Agreement or those implied by law. The PARTIES may modify this Agreement, or any part of it, by a written 86 of 143

17 amendment with CITY’s and CONSULTANT’s signature.

15.2. Interpretation.

(A) This Agreement is the product of negotiation and compromise by both PARTIES. Every provision in this Agreement must be interpreted as though the PARTIES equally participated in its drafting. Therefore, despite the provisions in California Civil Code Section 1654, if this Agreement’s language is uncertain, the Agreement must not be construed against the PARTY causing the uncertainty to exist.

(B) In interpreting this Agreement and resolving any ambiguities, this Agreement will take precedence over any cover page or attachments. If a conflict occurs between a provision in this Agreement and a provision in an attachment, the following order of precedence applies, with the terms and conditions in the document higher on the list governing over those lower on the list:

(1) The Agreement.
(2) Exhibit D (Insurance Requirements).
(3) Exhibit B (Project Time Schedule).
(4) Exhibit A (Scope of Work).
(5) Exhibit C (Fee Schedule).

(C) Unless the context requires otherwise, the term “including” means “including but not limited to.”

15.3. Headings. All headings or captions in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any term, condition, or provision.

15.4. Governing Law; Conflict of Law; Jurisdiction.

(A) California’s laws govern this Agreement’s construction and interpretation regardless of the laws that might otherwise apply under applicable principles of conflicts of law or choice of law.

(B) If CONSULTANT or CITY brings a lawsuit to enforce or interpret one or more provisions of this Agreement, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. CONSULTANT and CITY acknowledge that the Agreement was made ( negotiated, entered into, and executed)— and the Services are performed— in the City of Glendale, which is in Los Angeles County.

(C) Unless this Agreement provides otherwise, any reference to laws, ordinances, rules, or regulations include their later amendments, modifications, and successor legislation.

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18 15.5. Waiver of Breach. If a PARTY fails to require the other to perform any term in this Agreement, that failure does not prevent the PARTY from later enforcing that term, or any other term. If a PARTY waives the other’s breach of a term, that waiver is not treated as waiving a later breach of the term. A waiver of a term is valid only if it is in writing and signed by the PARTY waiving it. This Agreement’s duties and obligations:

(A) Are cumulative (rather than alternative) and are in addition to (rather than a limitation on) any option, right, power, remedy, or privilege; and

(B) Are not exhausted by a PARTY’s exercise of any one of them.

15.6. Attorney’s Fees. If CITY or CONSULTANT brings an action at law or in equity to enforce or interpret one or more provisions of this Agreement, the “prevailing party” is entitled to “reasonable attorney’s fees” in addition to any other relief to which the prevailing party may be entitled. A “prevailing party” has the same meaning as that term is defined in California Code of Civil Procedure Section 1032(a)(4). “Reasonable attorney’s fees” of the City Attorney’s office means the fees regularly charged by private attorneys who:
(A) Practice in a law firm located in Los Angeles County; and

(B) Have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney’s services were rendered.

15.7. Further Assurances. Upon CITY’s request at any time, CONSULTANT shall promptly:

(A) Take further necessary action; and

(B) Sign, acknowledge, and deliver all additional documents as may be reasonable, necessary, or appropriate to carry out this Agreement’s intent, purpose, and terms.

15.8. Assignment, Delegation, and Change of Ownership.

(A) This Agreement does not give any rights or benefits to anyone, other than to CITY and CONSULTANT. All duties, obligations, and responsibilities under this Agreement are for the sole and exclusive benefit of CITY and CONSULTANT, and are not for the benefit of another person, entity, or organization. Without CITY’s prior written authorization, CONSULTANT shall not do any one or more of the following:

(1) Assign or transfer a right or interest — whether in whole, in part, temporarily, or otherwise— in this Agreement; or

(2) Delegate a duty or obligation owed— whether in whole, in part, temporarily, or otherwise— under this Agreement.

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19 (B) A change in the legal form of ownership of CONSULTANT’s business, or in the control of CONSULTANT’s business, or in both, is deemed to be an assignment under this Agreement.

(C) Any actual or attempted assignment of rights or delegation of duties by CONSULTANT, without CITY’s prior written authorization, is wholly void and totally ineffective for all purposes; and does not postpone, delay, alter, extinguish, or terminate CONSULTANT’s duties, obligations, or responsibilities under this Agreement.

(D) If CITY consents to an assignment of rights, or a delegation of duties, or both, CONSULTANT’s assignee or legal representative shall agree in writing to personally assume, perform, and to be bound unconditionally by the covenants, obligations, terms, and conditions in this Agreement.

15.9. Successors and Assigns. Subject to the provisions in Paragraph

14.8, this Agreement is binding on the heirs, executors, administrators, successors, and assigns of the respective PARTIES.

15.10. Time is of the Essence.

(A) Except when this Agreement states otherwise, time is of the essence in this Agreement. CONSULTANT acknowledges that this Agreement’s time limits and deadlines are reasonable for CONSULTANT’s performing the Services under this Agreement.
(B) Unless this Agreement specifies otherwise, any reference to “day” or “days” means calendar and not business days. If the last day for giving notice or performing an act under this Agreement falls on a weekend, a legal holiday listed in either Glendale Municipal Code Section 3.08.010 or California’s Government Code, or a day when City Hall is closed, the period is extended to and including the next day that CITY is open for business. A reference to the time of day refers to local time for Glendale, California.

15.11. Recycled Paper. CONSULTANT shall endeavor to submit all reports, correspondence, and documents related to this Agreement on recycled paper.

15.12. Notices.

(A) Method. The PARTIES shall submit in writing all notices and communications that this Agreement requires or permits, place the notice or communication in a sealed envelope or package for delivery methods (1) through (4) below, and use the following delivery method:

(1) In-person hand-delivery;

(2) Messenger or overnight delivery service;

(3) U.S. mail, first class postage prepaid;
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20 (4) “Certified” U.S. mail, postage prepaid, return receipt requested;

(5) Fax; or

(6) Email.

(B) Receipt of Notice . All written notices or communications done in the manner described in Subparagraph (A) with the street address or place, facsimile number, or email address listed in Subparagraph (C) is considered “given” or “delivered” to a PARTY on the effective date listed below, as noted next to the applicable delivery method:
(1) In-per
son hand-delivery: The date on which the envelope or
package is handed in-person to the PARTY;

(2) Messenger or overnight delivery service: The date on which the PARTY signs for the envelope or package, or refuses to accept it; or the date on which the messenger or overnight delivery service leaves the envelope or package with a
receptionist or an individual in charge of the PARTY’s office— as noted on the proof of delivery, tracking receipt, or other form;

(3) U.S. mail: The third business day after deposit with the U.S.

Postal Service;

(4) “Certified” U.S. mail: The date on which the PARTY signs for the envelope or package, or refuses to accept it— as noted on the return receipt or other U.S. Postal Service form;

(5) Fax: The date of the fax’s transmission— as noted on the fax machine’s activity or transmission report verifying that transmission occurred without error;

(6) Email: The date on which the PARTY acknowledges, by email or other delivery method specified in Subparagraph ( A), as having received the email (with an automatic “read receipt” not constituting acknowledgment of an email); or

(7) (1) through (4) above — when undeliverable: The date on which the messenger, overnight delivery service, or U.S.

Postal Service mail carrier attempts delivery on the PARTY, but is unable to do so, because the PARTY is no longer at the address and did not give notice of a change in address — as noted on the proof of non- delivery, tracking or return receipt, or other form.

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21 (C) Contact Information. CITY and CONSULTANT designate the following contact person, street address or place, telephone number, and facsimile number or email address for giving notice. At any time, by providing notice to the other PARTY, CITY or CONSULTANT may change the contact information:

CITY: City of Glendale
Dept.: Library, Arts & Culture
222 East Harvard Street
Glendale, CA 91205
Attn: Jennifer Fukutomi-Jones

Tel. No.: 818-548-2030
Fax. No.: 818-548-7225
Email: [email protected]

CONSULTANT: Name
Address
City, State Zip Code
Attn: Main Contact, Title

Tel. No.:

Email:

15.13. Survival. This Paragraph and the obligations set forth in Paragraphs

5.4, 5.5, 6.1, 6.3, 6.4, 6.5, 7.2, 8.5, 9.1, 10.1, 10.2, 10.3, 10.4, 10.5, 12.1, 12.2, 13.1, 13.2,

13.3, 13.4, 13.5, 13.6, 13.7, 14.3, 15.5 , 15.6, 15.7, 15.8, 15.9, and 15 .12 survive this Agreement’s expiration, cancellation, or termination.

15.14. Severability. The invalidity, in whole or in part, of any term of this Agreement will not affect this Agreement’s remaining terms.

15.15. Counterparts. This Agreement may be executed in c ounterparts, each of which is an original, but all of which constitutes one and the same document. The PARTIES shall sign a sufficient number of counterparts, so that each PARTY will receive a fully executed original of this Agreement.

15.16. Digital Signatures. The PARTIES deem a copy of this Agreement, or any amendment to it, that bears a digital signature as having the same legal effect, for all purposes, as delivery of a signed original of this Agreement or the amendment, and each digital signature will have the same legal force and effect as a handwritten signature.

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22 15.17. Representations – Authority. The PARTIES represent that:

(A) They have read this Agreement, fully understand its contents, and have received a copy of it;

(B) Through their duly authorized representative, they are authorized to sign this Agreement, and they are bound by its terms; and

(C) They have executed this Agreement on the date opposite their signature.

CITY:

By Date:

Roubik Golanian
City Manager

CONSULTANT:

By Date:
(Name)
(Title)

APPROVED AS TO FORM

NAME:

TITLE:

SIGNATURE:

DATE:

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23 EXHIBIT LIST

“Exhibit A”: Scope of Work
(__ pages)

“Exhibit B”: Project Time Schedule
(__ pages)

“Exhibit C”: Fee Schedule
(__ pages)

“Exhibit D”: Insurance Requirements
(__ pages)

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PUBLIC RELATIONS CONSULTANT PROPOSALPRESENTED SEPTEMBER 30, 2022BYTHE ACE AGENCY3420 Bristol Street, Suite 430, Costa Mesa, CA 92626 94 of 143

TABLE OF CONTENTS
Letter of Interest3
Executive Summary4
Background & Qualifications5
Client List 6
Proposal 7
References 26
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September 30, 2022
City of GlendaleAttention: Jennifer Fukutomi-Jones, Principal Arts & Culture [email protected] Dear Jennifer,Please accept The ACE Agency, Inc.’s proposal in response tothe RFP for Public Relations services for the Library, Arts & Culture Department and Arts Culture Commission on behalf of the City of Glendale.This proposal will remain valid for a period not less than 120calendar days from the RFP closing date.The ACE Agency’s contact information is as follows:Ashley Patterson, CEOThe ACE Agency, Inc., 3420 Bristol Street, Suite 430, Costa Mesa, CA 92626Phone: 949-285-9239Email: [email protected] proposal details the agency’s vast experience providing equivalent services and deep understanding of the scope of work requested. The ACE Agency acknowledges receipt of all RFP addenda. We have no conflicts of interest or financial conditions that would prohibit the firm from providing these proposed services and the agency meets all the qualifications required. All information submitted in the proposal is true and correct. We graciously thank you for your consideration and will look forward to your feedback.Sincerely, Ashley Patterson, CEOThe ACE Agency, Inc.
3 LETTER OF INTEREST
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PROPOSAL -EXECUTIVE SUMMARYThe ACE Agency (ACE) has been developing meaningful campaigns that deliver measurable results since 2009. Our approach to each project is to develop a partnership with our clients, to successfully implement unique outreach programs designed to create impact and expand visibility within key target markets.

PhilosophyToday the landscape of media is constantly changing. We feel it important to be in front of those changes as respected communicators versed in all languages of media, new and traditional. We have long standing relationships with writers, editors, publishers, photographers and other members of traditional media, print editorial, television and radio broadcast. We are also skilled and extremely active within the digital and social media spheres. Our network of contacts spans not only across greater California, but across the US and internationally. Each outreach strategy we execute leverages a blend of all areas of communication, building and maintaining lasting relationships with the media on behalf of our clients.

LocationWe have one central office, located at 3420 Bristol Street, Suite 430, Costa Mesa, CA 92626. http://theaceagency.com Understanding the Scope of WorkThe City of Glendale is a unique cultural destination with a growing public arts programs that is reflective of the diverse communities, history and future of the City. The goal of the project is to develop a strategic public relations and marketing program to amplify the City’s cultural assets and public art programs in high performing media sources and establish Glendale as a cultural and artistic destination for locals and visitors.

ServicesACE offers a full menu of specialties including strategy, planning, public relations, marketing, influencer programs, social media, and event production across multiple areas of focus. We work with a collection of trusted and talented partners to provide creative design, photography, videography and website development services.

StaffWe are a strong and creative group of 12 full-time communicators within a public relations division of PR & marketing specialists and coordinators, a social media team of content creators, and a seasoned special events manager. We provide a personal, hands-on approach to the work, appointing a minimum of two team members to each account to ensure seamless communication and effortless transitions as the team evolves. All key personnel assigned to the project will be in Southern California and have availability for the duration of the campaign. 4 97 of 143

PROPOSAL –BACKGROUND & QUALIFICATIONSSubcontractorsOn select projects, ACE has the pleasure of partnering with We The Creative (WTC), led by Principal Joven Orozco, specializing in graphic design, branding and website development for the public sector since 1995. WTC is both a Small Business Enterprise (SBE) and Disadvantaged Business Enterprise (DBE) located in San Juan Capistrano, California. WTC is a DBA of Jovenville, LLC, registered in California.Wethecreateive.com Public Sector, Arts & Glendale ExperienceACE founder Ashley Patterson began her young career in performing arts as a ballet dancer. Moving on to a next career chapter in communications, Ashley took the spirit of the arts with her, becoming a public relations consultant for galleries and museums across Southern California. She took a position in special events at Orange County Museum of Art and following reignited her entrepreneurial spirit to form ACE in 2009, first clients including Segerstrom Center for the Arts among other cultural organizations. ACE grew to become a strategic lifestyle firm, with a core strength working in arts and culture, in addition to other areas of focus including the public sector, hospitality, destinations, retail, restaurants, and special events, giving the agency a broad spectrum of experience and strong media relationships across diverse sources. In the public sector, ACE has had the privilege of providing public relations and marketing services for City of Anaheim, City of Irvine, City of Santa Ana, City of Santa Monica, City of Santa Monica Cultural Affairs, County of Orange / OC Parks, Downtown Santa Monica Inc., LossanRail Corridor Agency, and Orange County Transit Authority. Many of the ACE public sector projects included public arts PR initiatives for City of Santa Monica, City of Santa Ana, City of Westminster and Downtown Santa Monica, Inc. to name a few. ACE also continues to represent arts organizations including Center for the Art of Performance at UCLA, Catalina Museum for Art & History, Cayton Children’s Museum at Santa Monica Place, and Laguna Art Museum. In addition, ACE has experience working in the City of Glendale, representing MassisKabob, family owned, and operated restaurants founded in 1976 with two locations in Glendale, and an iconic part of the fabric of the community.

Third Party ResourcesPublic relations analytic reporting: CisionMedia MonitoringSocial media scheduling and reporting: Agorapulse 5 98 of 143

6 PROPOSAL –BACKGROUND & QUALIFICATIONS
Some of the brands we currently have the pleasure of working with include:
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Strategy & PlanningWe engage in a strategic and thoughtful approach with each project, taking time to understand all elements involved in order to develop the most effective plan for communication that will generate the most impactful result.•Discovery oGather all information, key assets, imagery, logins, details availableoReview and assess existing public programming, marketing plan and communications programoIdentify and set KPIs and goals for duration of the project•Develop an annual communication plan that details the strategy and timeline of all communication tacticsoFirst Phase •Branding and creative development•Content creation•Media planning•Photography / video•Email marketing•Digital and social media•Public relations•Events•Tracking and measurementoSecond Phase•Website refresh recommended 7 PROPOSAL –WORK PLAN
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8 MarketingWe deliver a strategic and thoughtful approach to marketing, taking into consideration all elements from design and advertising to social and community relations. The approved strategic communications plan will guide our tactics across all channels, while reporting and refining throughout the campaign.•Branding and Creative DevelopmentoAssess the current brand and make recommendations oDevelop brand logo, visual language exploration with rounds of refinementoManage the brand ID across multiple platforms oUtilize the branding throughout campaign to promote growth and recognition•Content CreationoDesign and develop materials that support the marketing strategy and communicate the brand message•Assets could include collateral, promotional materials, video, print, social media, web and advertising assets•Media PlanningoComprehensive advertising plan will be developed based on the marketing objectives•Campaign focused in local and regional markets•Select translation for multicultural marketingoAll creative elements of the campaign to be developed around the brand ID and media objectives for maximum engagement•Photography / VideooEnticing still and moving visuals are key to a successful campaign that resonatesoPhotography and video shoots will be managed to develop content for website, public relations campaign, email communication and advertising creative PROPOSAL –WORK PLAN
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9 Email MarketingEmail communication is an effective way of delivering regular messaging to existing and potential visitors. Engaging digital content should be easy to digest and socially shareable to increase reach.•Design two email marketing templates to reflect the brand ID•Single and multi-topic•Create an email marketing plan and schedule of communication•Bi-weekly campaign recommended•Engaging copy with enticing visuals•Mobile enhanced•Socially shareable•Cross promote email marketing •Share content on social media (FB/T)•Encourage email newsletter subscription •Call to action to sign up•Submission form on Facebook profile•Promote on website and social media platforms Digital and Social Media Content StrategyThe social plan is to increase City of Glendale public arts programs awareness online, gain digital followers that convert into visitors, and connect with the current community socially. Through strategic content that includes specific targeting, dynamic language, enticing visuals and informative calls to action, we anticipate higher social impressions, reach and engagement.•Content story planoCreate social media style guide identifying voice, tone, colors, audience bucketsoDevelop a strategic social media content plan that highlights and promotes all arts and culture programsoMonthly content calendars developed for all platforms, static posts, stories, reels, lives, events, contests and promotions•Original content + shared user generated contentoDevelop performing hashtags for special promotionsoCreate social media toolkit for partner organizations, artists and special event useoSchedule of on-site content capture to collect real-time engaging visualsoProposed boosted post campaign incorporated in the advertising program PROPOSAL –WORK PLAN
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Public RelationsWith great insight, we will develop the public relations plan within the overarching communications plan to include timeline of media milestones, announcements and events.Media and Outreach List ManagementWe have a robust media list (thousands) of contacts spanning multiple areas of focus, markets and media types. We will develop a custom list that caters to the project and reaches all target sources that will find interest in the different angles surrounding each. •Develop and manage media and outreach lists oLists specific to arts, entertainment, culture, multicultural, travel, lifestyle, family, events, and programsoNational, regional and local press sourcesoBroadcast, print, digital outlets and influencersMedia Material and PitchingIt’s important to stay in front of media with new information throughout the duration of the campaign term. The announcements via press releases and media advisories will be detailed in the public relations plan. Tactics:•Develop press releases, media advisories and pitches per month highlighting the public arts and cultural programs•Translations for specific press material •Distribute press releases to agency’s target media list•PR wire distribution recommended for specific announcements•Generate impactful media attention through national placements, regional feature stories, local coverage and TV/radio segments•Continued media communication to ensure saturated coverage •Manage and facilitate all press and interview requests oVet and make recommendations on all opportunitiesoDevelop speaking points and scripts per facilitated request•Collaborate with the partner organizations to ensure seamless communicationEventsEvents are an effective way of generating awareness through real experiences that resonate and leave a lasting impression. Media events and influencer programs work together to enhance awareness and amplify the marketing plan.•Incorporate event promotion schedule into communications plan •Advertising, website, social media, email marketing and public relations •When appropriate invite press and influencers to attend special programs and events•Brainstorm media and influencer event concepts that will resonate•Management of media and influencer invite list, RSVP, and attendance •Ensure media attendance converts to coverage•Arrange separate media visits to experience the public arts programs outside of scheduled events 10 PROPOSAL –WORK PLAN
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Website Refresh (Phase Two)We engage in a thoughtful website development method incorporating research, testing and design validation to create the most seamless user experience for your audience online. •DiscoveryoStakeholder interviewsoCompetitive analysis workshopoUser experience researchoContent auditoSite map developmentoContent plan creation•BlueprintoWireframe sketchesoDesign feedback•Homepage and additional page mockups for desktop and mobile•DevelopmentoContent migrationoPlatform set upoDevelopment 11 Research & MeasurementWe engage in regular monthly reporting and quarterly KPI evaluations on key metrics and measurable results to ensure that the communications strategy is an effective plan reaching and exceeding the project objectives.•MarketingoAdvertising & Promotional Materials•Distributions and metricsoEmail marketing•Email database growth from distribution platform•Email open and click ratesoDigital and social media•Monthly analytics report generated from Agorapulse•Platform growth, engagement, impressions, clicks, highest performing content•Public RelationsoMonthly PR analytics report generated from CisionoMedia impressions and PR value per clipoPrint, digital and broadcast coverage trackedoKey clips shared real timeoEvents & Visits•Attendance comparisons•Media impressions PROPOSAL –WORK PLAN
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12 Sample Project TimelinePROPOSAL –WORK PLAN
TasksDecember '22January '23FebruaryMarch AprilWEEK1 2 3 4 5 6 7 8 9 101112131415161718192021Comm Plan DevelopmentStrategy & PlanningDevelopmentDeliveryBrand DevelopmentDiscovery & StrategyDesign & DevelopmentDeliveryPhoto / VideoContent CaptureMedia PlanningDiscovery & StrategyDesign & DevelopmentDeliveryOngoing ManagementEmail MarketingDiscoveryTemplate Design & DevelopmentDeliveryExeuction & ManagementSocial MediaDiscovery & StrategyMonthly Content Plan DeliveryExecution & ManagementPR CampaignDiscovery & StrategyPR Plan DeliveryExecution & ManagementMedia EventsDiscoveryPlanningExecution & ManagementTrackingRegular Reporting 105 of 143

13 PROPOSAL –COSTEstimated prices for the proposed scope of work follow below. Prices are fully-burdened. With more insight on the project budget, we will develop a custom plan to match the budget and exceed the expectations. Proposal TacticsEstimated Annual PriceStrategic Planning $5,000 Branding and creative$15,000 Content creation $12,000 Quarterly media planning-Planning $6,500 -Advertising Buy $40,000 -Placement (15% of buy) $6,000 Photo / video $12,000 Email marketing $13,000 Digital and social media$24,200 Public relations $46,800 Events $12,000 Reporting-Includes Cision / Agorapulse platforms$7,000 TOTAL $199,500 Phase Two Estimated Annual PriceWebsite Refresh $40,000 Activity Hourly Labor RatesStrategic Planning$150 / hourBranding and creative$100 / hourContent creationg$100 / hourQuarterly media planning$130 / hourPhotography $275 / hourVideography $375 / hourEmail Marketing $150 / hourDigital and social media$110 / hourPublic relations $130 / hourEvents $150 / hourReporting $100 / hourWebsite development$150 / hour 106 of 143

PORTFOLIO IMAGES
OverviewACE collaborates with City of Santa Monica Cultural Affairs to promote Art of Recovery, a grant program that harnesses the arts to play an important role in economic recovery efforts while positioning Santa Monica as a cultural destination. The communications strategy includes developing media material and meaningful story angles to generate coverage in local, regional and national publications. 14 107 of 143

PORTFOLIO IMAGES
Social MediaACE also develops a social media content calendar, complementing the Art of Recovery project schedule. The social media content is designed to illuminate the various arts programs through engaging copy and dynamic visuals, with the goals of cultivating community awareness, generating participation in the programs and increasing engagement on the social media platforms. 15 108 of 143

PORTFOLIO IMAGES
OverviewDowntown Santa Monica, Inc. is a non-profit that works with the City of Santa Monica to promote economic stability, growth and community within Downtown Santa Monica. ACE collaborates with Downtown Santa Monica Inc. to create and implement strategic public relations campaigns promoting all amenities and happenings that the Downtown and Third Street Promenade have to offer including public art programs, through local, regional and national media coverage and community engagement. 16 109 of 143

PORTFOLIO IMAGES
17 110 of 143

PORTFOLIO IMAGES
ACEhascollaboratedwithCatalinaIslandMuseumonpublicrelationsandsocialmediamarketingsince2019.Thecampaignsdevelopedhighlightthemuseum’sexhibitions,history,publicprograms,eventsandexecutiveteam.ThecommunicationstrategyisdesignedtoelevatetheperceptionofthemuseumasanottomissculturaldestinationandtopreasontovisitCatalinaIsland.Regionalandnationalmediacoverageandengagingsocialmediacontentworktoincreasereach,expandaudiencesandconvertimpressionsintovisitorsandsupporters. 18 111 of 143

PORTFOLIO IMAGES
19 112 of 143

PORTFOLIO IMAGES
ACE collaborated with the Vietnamese Culture Alliance to develop an impactful PR campaign surrounding Courage to Rebuild, the public art project commemorating the 40thanniversary of Vietnamese immigration to the US. The project began with an international call for artists to submit proposals for juried consideration. Artist James Dinhwas selected to create a permanent public sculpture to be installed at Asian Garden Mall in City of Westminster. The goal of the campaign was to generate awareness surrounding the Vietnamese Americans achievements in the US and history of the community. The campaign positioned Asian Garden Mall, Little Saigon and City of Westminster as cultural destinations for the Vietnamese and greater community to visit, enjoy, learn and experience history through art. 20 113 of 143

PORTFOLIO IMAGES
OverviewACE has supported the public relations and marketing initiatives of OC Parks since 2009. OC Parks manages nearly 60,000 acres of parks, historical and coastal facilities and open space for the County of Orange as part of OC Community Resources. ACE's scope of work includes the development of press material, media communication, management of media related events, social media strategy, marketing, and reporting on all communication. 21 114 of 143

PORTFOLIO IMAGES
Social MediaACE supports the social media strategy for OC Parks. The social plan is to increase awareness online, gain digital followers that convert into park visitors, and connect with the current community socially. Creation of engaging video content is a key element of the social media plan. The ACE social media team is on-site at events and activities to capture and edit content to utilize for live stories, static posts and the creation of reels. 22 115 of 143

PORTFOLIO IMAGES
ACE produces the annual OC Parks Summer Concert Series and Sunset Cinema Series held at regional parks across the county. ACE leads the production, programming, branding, design, marketing, advertising, public relations and sponsorship development for the series in entirety. When ACE began working on the concert series, a few hundred people attended to see free live music and movies in the park. Strategic growth goals were put in place to increase attendance and generate awareness about the parks through the series. Those goals were met by comprehensive PR and marketing plans, in collaboration with programming and partnerships to truly saturate media and spread the message virally. By 2019, each concert saw thousands in attendance and the series continues to show annual growth. 23 116 of 143

PORTFOLIO IMAGES
24 117 of 143

PORTFOLIO IMAGES
ACE developed and launched a new website Dana Point Harbor, presenting a user friendly online and mobile experience to explore the dining, shopping, activities and amenities that the Harbor has to offer. The new website incorporated engaging visuals from the historic Harbor to the present, including a new marketing video ACE directed via drone. ACE continues to manage the website content, updates and analytics. Visit DanaPointHarbor.comfor all the details. 25 118 of 143

26 City of Santa MonicaName: Allison OstrovskyTitle: Cultural Affairs Supervisor, City of Santa MonicaContact: [email protected], (213) 952-2735 Downtown Santa Monica, Inc. Name: Laura BorsecnikTitle: Special Events Manager, Downtown Santa Monica, Inc.Contact: [email protected], (310) 883-5517 OC ParksName: Kristi BergstromTitle: Strategic Communications Manager, OC ParksContact: [email protected], (949) 585-6438

REFERENCES
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City of Glendale
DISCLOSURE - CAMPAIGN FINANCE ORDINANCE – CONTRACTORS AND SUBCONTRACTORS

The City Council adopted Ordinance No. 5744, “Campaign Finance Ordinance,” which became effective on September 9, 2011, and amended it with Ordinance No. 5768, which became effective on March 15 , 2012 (“the Ordinance”). The Ordinance prohibits: (1) A contractor* (including a subcontractor**)― who has a contract with the City of Glendale (“City”), Glendale Successor Agency or Glendale Redevelopment Agency (“GSA”), or the Housing Authority of the City of Glendale (“HA”) and that contract is subject to approval by the City Council, GSA, or HA― from making a contribution to a City Council member, GSA member, HA member, City Clerk, or City Treasurer; and (2) Council members, GSA members, and HA members from voting on matters concerning a contract affecting a contractor or subcontractor who has provided a campaign contribution.

The provisions of the Ordinance restricting Council members from voting on matters affecting campaign contributors applies to a contractor whose contract requires the City Council’s, GSA’s, or HA’s approval, and specified subcontractors. A contract with the City, GSA, or HA is known as a “City Contract.” The Ordinance excludes a competitively bid contract awarded to the lowest responsible bidder.

To assist members of the City Council, GSA, and HA before they vote on a matter regarding a City Contract, the Ordinance requires City staff to prepare this report which discloses certain information about: the contractor receiving the City Contract, and specified subcontractor(s) working under the City Contract.

Information that must be disclosed: ● Name of the person, entity, or organization (i.e., the Contractor or Subcontractor) ● Name of the Chief Executive Officer/President
● Chief Operating Officer
● Chief Financial Officer
● Chairperson
● All members of the Board of Directors
● All persons who own more than 10% of the person, entity, or organization ● Name of any campaign committee owned or controlled by the person, entity, or organization

Please complete the following disclosure form:

Contractor(s)*: The ACE Agency, Inc.

Name Address

Full Name Title Business Address City State Zip
Chairperson
Ashley Patterson Chief Executive Officer / President 3240 Bristol St., Suite 430 Costa Mesa CA 92626 Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
* “Contractor” is the person, entity, or organization that is the party, or prospective party, to the contract with the City, GS A, or HA. In addition to the name of the person, or entity, the Contractor must also disclose the name(s) of that person’s, entity’s, or organization’s Board of Directors, its Chairperson, Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committee that is owned or controlled by that person, entity, or organization. Please disclose these persons’ name and business address.

DocuSign Envelope ID: 6A333B2A-03C0-4325-865B-8C58BF69347C 121 of 143

Rev. 11/7/13 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$e73c0c5ac3c2$8512EDB31AD744268589CC94390ED497.docx Subcontractor(s)**: NA
Name Address

Full Name Title Business Address City State Zip
Chairperson
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
** “Subcontractor” is the person, entity, or organization that has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime contractor. You must also disclose the names of the Subcontractor’s Board of Directors, its Chairperson, Chief Executive Office r, Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in th at person, entity, or organization, and any campaign committee that is owned or controlled by th at person, entity, or organization. Above please disclose these persons’ name and business address.

Campaign Committee owned or controlled by: NA

Title Business Address City State Zip

CERTIFICATION

On behalf of the above-named Contractor Subcontractor:
 I acknowledge that I have a continuing obligation to update this disclosure form if I substitute― or if I select additional― architects, design professionals, contractors, or subcontractors within ten (10) days of the selection or change; and  I hereby certify that:
 I have identified all persons for which the Ordinance requires disclosure;  The information in this disclosure form (and any attachment to this form) is true, accurate, correct, and complete; and  I have been legally authorized to submit this disclosure form.

In total, this disclosure form (including attachments) is 2 pages.

Executed on: March 22, 2023 , at: Costa Mesa , California.

Signature: Print Full Name: Ashley Patterson

Address: 3420 Bristol Street, Suite 430, Costa Mesa, CA 92626

Phone Number: 949-285-9239 E-mail Address: [email protected] DocuSign Envelope ID: 6A333B2A-03C0-4325-865B-8C58BF69347C 122 of 143

Item Type: Action Item
Approved forMay 9, 2023 calendar

AGENDA ITEM

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL
Report: FY 2023-34 City Council Workplan and Council Follow-up List 1) Motion to approve FY 2023-34 Workplan
2) Motion directing staff regarding the Council Follow-up List

COUNCIL ACTION

EXECUTIVE SUMMARY
Staff is seeking approval of the proposed FY 2023-24 Workplan and direction from the Council on the Council Follow-up List.

Staff has developed the proposed FY 2023-24 Workplan based on Council’s selection of four priority areas at the March 21, 2023 City Council Workshop. These four priority areas are: Financial Sustainability, Economic Development, Improve Operations and Efficiency of City Governance and Mobility, Traffic & Pedestrian Safety. Staff have identified projects, programs and activities to help further these four priority areas.

The Council Follow-up List is a system that has been used since 2018 to keep track of Councilmember requests when there is interest from at least two Councilmembers. This system is no longer efficient given Council’s adoption of priority focus areas and formal workplans.

Staff is seeking direction from Council on ways to fold in Council Follow-up List items into the Workplan.
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2 COUNCIL PRIORITIES
The purpose of this report is to establish the FY 2023-24 Workplan based on Council’s adopted priorities. Once approved, these priorities will help guide staff’s work and inform the budget and resources.

RECOMMENDATION
Approve proposed FY 2023-24 Workplan (Exhibit 1) and provide direction on the Council Follow-up List (Exhibit 2).

BACKGROUND AND ANALYSIS

1. City Council Workplan for FY 2022-24
The City of Glendale held a City Council workshop on March 21, 2023, from 9:00 a.m. to 2:30 p.m. in the Auditorium of the Glendale Central Library. The workshop provided an opportunity for Councilmembers to discuss governance, norms, review and establish consensus on priorities for the coming year, and strengthen teamwork.

In order to determine potential priority areas for Council’s consideration, a consultant interviewed Councilmembers in advance of the workshop. Based on these interviews, nine areas rose to the top of the list. These included:

1. Code Enforcement

2. Council-Community Engagement

3. Economic Development

4. Environmental Sustainability

5. Financial Sustainability

6. Housing

7. Improve Operations and Efficiency of City Governance

8. Improve South Glendale

9. Mobility, Traffic & Pedestrian Safety
At the workshop, each Councilmember commented why these issues were important to them. Next, the Council had the difficult task of narrowing down the list of nine priority areas to four. In the end, Council selected the following four priority areas:

1. Financial Sustainability

2. Economic Development

3. Improve Operations and Efficiency of City Governance

4. Mobility, Traffic & Pedestrian Safety
Following the Workshop, staff has prepared a workplan that identifies projects, programs and initiatives beyond the normal workload, designed to carry out the Council’s four highest priorities as highlighted above. The proposed workplan is attached to this report as Exhibit 1.
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3 Benefits of Having Established Priority Areas
There are several benefits to establishing priority focus areas:

1. Clear direction: Priority focus areas provide clear direction to staff. This enables the council to set specific goals and allocate limited resources towards achieving those goals.

2. Improved decision-making: By having priority focus areas, the city council can make more informed and effective decisions that align with set goals.

3. Increased accountability: Having specific priority focus areas can help hold the staff accountable for their actions and decisions, as they can be evaluated against their progress in achieving set goals.

4. Enhanced community engagement: Priority focus areas can provide a framework for community engagement and involvement in local government. This can create a more collaborative and participatory approach to decision-making.

5. Greater impact: By focusing on specific areas, the city council can have a greater impact on improving the quality of life for residents. This can lead to more tangible improvements in those areas.

In short, having priority focus areas can help Council and staff work more effectively and efficiently towards achieving mutual goals and serving the needs of the community.

Staying on Course with Established Priorities & Requesting Changes to Workplan As covered during the City Council Workshop, it is important to stay on course once Council establishes priority focus areas to help the Council and departments stay on track given the limited staff and financial resources. Once the Council approves the FY 2023- 24 Workplan, staff will align programs, projects, and activities with budget, staffing, and workloads; build priorities into the budget and department workplans; and provide periodical updates to Council.

Council is encouraged to not change the Workplan once it is approved. However, staff also acknowledges that there are circumstances where changes are necessary. There is established best practice criteria for when modifications to the Workplan are warranted.

These were covered during the workshop and include:

1. Emergency: natural disaster, pandemic, civil unrest

2. Community safety: issue that must be addressed in near term

3. Changes in laws or mandates: Council must act immediately

4. New outside funding opportunity: that is time sensitive; Council must act immediately

5. New multi-agency opportunity: that cannot be delayed Minimizing the number of new Council requests will be an important way of maintaining staff focus and other resources on established priorities. 125 of 143

4 2. City Council Follow-up List
In 2018, staff began collecting a list known as the “Council Follow-up List” (Exhibit 2).

The purpose of the list was to note and keep track of new requests from City Council members. Items that received a concurrence from a second councilmember were placed on this list for staff to follow up on. Prior to the establishment of City Council priorities and adopted workplans, this system worked though not efficiently. However, beginning in 2021, City Council held a Council Workshop on November 6, 2021 to determine priority focus areas to help guide the work of staff for FY 2022-23. The selected priority areas resulted in the development of a formal Workplan for FY 2022-23 (Exhibit 3). Since adoption on December 7, 2021, City staff have been working towards completing the 55 action items contained in the Workplan. As this was well received by the City Council, staff repeated this process for FY 2023-24. This also provided an opportunity to incorporate input from newly elected Councilmember Asatryan, who was not on Council at the time the FY 2022-23 Workplan was adopted.

To maintain and follow a formally adopted workplan and a separate Council Follow-up List is not efficient. Further, Councilmembers have asked questions about the process used to determine which requests are followed up on. In most cases, staff capacity dictates the order in which Council Follow-up items are tackled.

At this time, staff desires to revisit the Council Follow-up list (Exhibit 2) to accomplish the following:
•Inform Council as to which priority focus area the Follow-up items fall into (as requested by Council during the April 25, 2023 Budget Study Session (as shown in Summary Table below)
•Determine which Council Follow-up items are no longer of interest to the Council and can be removed permanently.
•Determine which Council Follow-up items are still important to Council and should be added to the FY 2023-24 Workplan. It should be noted that to the extent items are not completed during the fiscal year, they will carry over to the following fiscal year’s workplan.
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5 New Council Approved Process for Individual Council Requests At the March 21, 2023 Council Workshop, Councilmembers discussed potential revisions to the current policy of Council requests. Rather than a matter being placed on a future agenda if it receives a concurrence from a second councilmember, the Council agreed in principle to a policy that would require that item to be placed on the subsequent regular meeting agenda for Council to discuss whether staff should prepare a formal report on the item. If the item receives approval of three councilmembers, then staff would be directed to prepare a report on the item. On April 18, 2023, Council introduced modifications to the ordinance for this new process for consideration of future agenda items.

Requests Not Fitting Into Council Priority Areas
A question came up by Council about how to treat requests that do not fit into one of the four Council priority areas. Council can choose to refer back to the best practices for when to add new items as covered earlier in this report. Another way to address this is to reserve some capacity in the Workplan to address such requests. If the latter option is preferred, then staff suggests Council consider a maximum number of requests for the year for these types of requests.

STAKEHOLDERS/OUTREACH
City Council members provided input to determine the priority focus areas. This input was partly based on feedback shared by community members with Council. The City Council Workshop, held on March 21, 2023, was publicly noticed and open to the community.

FISCAL IMPACT
There is no fiscal impact associated with this report.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
N/A

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
FY 2023-24 Workplan
1) Approve the proposed FY 2023-24 Workplan as presented by staff. 2) Modify the proposed FY 2023-24 Workplan by adding or removing items.

Council Follow-up List
1) Incorporate Council Follow-up List items into the FY 2023-24 Workplan. 2) Choose to maintain the existing process of maintaining a separate list, aside and apart from the Workplan.
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6 ADMINISTRATIVE ACTION
Prepared by:

Elena Bolbolian, Chief Innovation Officer
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit 1: Proposed FY 2023-24 Workplan
Exhibit 2: Council Follow-up List
Exhibit 3: Adopted FY 2022-23 Workplan
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member ___________________________________, that the Council of the City of Glendale approves the FY 2023-24 Work Plan as set forth in Exhibit 1 of the Report to Council dated May 9, 2023, as may be modified by Council at the meeting of the same date.

Vote as follows:

Ayes:

Noes:

Abstain:

Absent:
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M O T I O N
Moved by Council Member _________________________, seconded by Council Member ___________________________, that regarding the Report to Council dated May 9, 2023, pertaining to the Council follow-up list, the Council directs as follows:

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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Exhibit 1 (Revised)
City of Glendale Proposed Workplan FY 2023-24

5/5/2023
City of Glendale
Proposed Workplan for FY 2023-24

FINANCIAL SUSTAINABILITY

1. Adequately fund internal service funds. (FIN/MSD)

2. Explore and develop new revenue streams. (FIN/MSD)

3. Implement Infrastructure Bond for roads and underground utilities. (PWD/FIN)

4. Implement a standard fee recovery process in the Fire Prevention Bureau for permits issued annually to City Departments and to Glendale Unified School District. (GFD)

ECONOMIC DEVELOPMENT

1. Perform a study on rezoning of City-owned parking lots and identify development opportunities. (CDD)

2. Enhance Glendale’s brand through promotional and educational opportunities as it relates to economic activity and quality of life. (CDD)

3. Continue implementing Economic Development Strategic Plan. (CDD)

4. Complete design and begin implementation of improvements at the Rockhaven site. (CDD)

5. Complete public engagement and education of BRC process and fees citywide. (CDD)

6. Market City as an Arts destination by working with PR firm. (LAC)

MOBILITY, TRAFFIC & PEDESTRIAN SAFETY

1. Initiate creation of a Department of Transportation. (MSD)

2. Complete Citywide Bicycle Transportation Plan. (CDD)

3. Advance the Verdugo Wash project into refined design and environmental review. (CDD)

4. Complete the development of the Vision Zero policy. (CDD/PD)

5. Develop traffic impact mitigation fee. (CDD/CA)

6. Conduct weekly enforcement focused on education and based on primary collision factors. (PD)

7. Develop and implement automated speed enforcement pilot program pending State passage of legislation. (PD)

8. Complete bus shelters & shade study and implement recommendations. (PWD)

9. Increase bus ridership. (PWD)

10.Implement Phase II projects for Citywide Pedestrian Safety Plan. (PWD)

11.Incorporate high visibility and creative crosswalks at appropriate locations. (PWD)

12.Implement permanent slow streets program, once Council has approved the results of the Pilot project. (PWD)

13.Identify public parking lots for asphalt resurfacing and for implementing EV and solar. (PWD/GWP)
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Exhibit 1 (Revised)
City of Glendale Proposed Workplan FY 2023-24

5/5/2023

IMPROVE OPERATIONS & EFFICIENCY OF CITY GOVERNMENT

1. Proceed with establishment of City Council Districts with voter input at March 2024 election. (CA/MSD)

2. Implement a centralized tracking system for Council and constituent requests. (MSD/ITD)

3. Participate in Bloomberg Philanthropies City Data Alliance to increase City Hall capacity for data-driven decision making. (MSD)

4. Automate the employee on-boarding, performance evaluation and training process. (ITD)

5. Implement Service Request and IT Tracking System. (ITD)

6. Complete independent third-party evaluation of existing zoning code, development standards, and entitlement process; and continue to implement changes that will expedite, streamline, and make the entitlement process more efficient and predictable. (CDD)

7. Complete restructuring of Neighborhood Services Division and general approach to resolving cases that is more proactive and customer-oriented. (CDD)

8. Complete implementation of SolarAPP. (CDD)

9. Develop density bonus guidelines and public process. (CDD/CA)

10.Complete zoning and development standards changes for Tropico and Citywide multi- family. (CDD)

11.Complete update of Land Use Element. (CDD)

12.Create Transparency, Audits, and Accountability Bureau (TAAB) to include quarterly public reporting, legislative mandates and internal audits. (PD)

13.Implement Zoom Grant Management System in order to streamline grant application process and monitoring. (CSP)

14.Implement online reservation system for recreation programs. (CSP)

15.Implement Aqueous Ozone Technology for park restroom maintenance. (CSP)

16.Digitize Form 700 submissions. (City Clerk)

17.Digitize applications for Boards & Commissions. (City Clerk)

18.Advertise vacancies on Boards & Commissions using targeted social media ads with translations. (City Clerk)

19.Increase communication with members of the public using targeted social media ads with translations. (City Clerk)

20.Complete City’s Facilities Needs Assessment study. (PWD)

21.Develop a facilities masterplan to include gender accommodations and identify structural needs and deficiencies in the fire stations. (GFD)

22.Develop Human Resources department strategic plan looking ahead 5-10 years. (HR)

23.Investigate what costs are associated in providing a living wage for Glendale hourly staff. (HR)

24.Address staff turnover by analyzing and reporting out on exit interviews. (HR)

25.Provide training opportunities for all employees based on specific needs. (HR)

26.Examine cycle time to hire and analyze where efficiencies leveraging technology could be effective & apply DEI techniques. (HR)

27.Conduct review of contract and insurance terms. (CA)

28.Improve multilingual access by updating library signage and website. (LAC) 132 of 143

Exhibit 1 (Revised)
City of Glendale Proposed Workplan FY 2023-24

5/5/2023

ITEMS NOT FITTING INTO ABOVE PRIORITY AREAS

1. Complete Climate Action and Adaptation Plan. (MSD)

2. Conduct public outreach and implement organics diversion and compliance requirements. (PWD)

3. Continue implementation of City’s fleet electrification. (PWD)

4. Complete Storm Drain Master Plan. (PWD)

5. Hire a Communication Liaison Officer to increase community outreach on topics concerning emergency preparedness, recruitment, events, and establish, manage, and implement the department's diversity, equity, and inclusion (DEI) initiatives. (GFD)

6. Improve safety & security in libraries by implementing new staff mobile communications tool and expanding training. (LAC)

7. Improve facilities by implementing high priority Service Area Study recommendations, beginning with Central Library Youth Spaces construction, and initiating Grandview Library Critical Maintenance project. (LAC)

8. Conduct studies associated with electric infrastructure goals of other departments that want to integrate into the GWP system (City Fleet Electrification). (GWP) Note: Highlighted items indicate continuation or carry over from FY 2022-23 Workplan. 133 of 143

Exhibit 1 (Revised)
City of Glendale Proposed Workplan FY 2023-24

5/5/2023
Councilmember Council Comments from 3/21/2023 Workshop
Mayor
Kassakhian
• Financial sustainability
• Environmental sustainability, better understand the carbon footprint of the city • Housing-update zoning ordinance
• Reinvest in infrastructure-has been deferred for a long time • Mobility; creation of a Department of Transportation
• Enhance public outreach
• Consideration of moving forward with establishing council districts • Revisit parking lots
• Reimagine office buildings/retail centers
• Continue meetings with community & utilize them as a sounding board • Statistics on how enjoyable Glendale is
• Bus shelters & increase bus ridership; make it more enjoyable to use public transit Councilmember
Asatryan
Revenue and Economic Vitality
•Invest in small business support and resources
•Incentive programs for small businesses
•Preference points for local, minority owned, women owned businesses in procurement process •Policies and initiatives that bring in food, arts and entertainment scene + jobs making Glendale a regional connector city •Education, outreach and marketing + networking opportunities for our small businesses •New revenue streams including, Internet, city lots for development, parks, and community gardens, ev charging pp partnerships, public private partnerships for arts and entertainment to ensure financial stability Improve Operations and Efficiency of City Governance
•Streamline permitting process for building and businesses, review and update building and safety codes •Review and update codes related to minor changes to homes that are not registered as historic, but are located in historic districts •Review and update DRB and HPC process and rules, remove hurdles in process and codes for housing •Investment in education, outreach, marketing, and incentive programs to reach end goals vs. investment in enforcement •Investment in technologies that create efficiencies in city services and allow for cross department communications •Reimagine and restructure city’s communication, outreach and public affairs structure. Invest in communication experts staff for each department instead of technical staff with no background/consulting firms •IT – 311
•Smart Development that incorporates affordable housing, parks and green space, infrastructure and takes into account public transportation, walkability/bike-friendly
•Create separate fund to purchase property for a large park in South Glendale •Offer living wages for staff, provide training and opportunities for growth, seek diversity reflective of communities serviced •Review and update civil Service rules to be able to hire the best and hold staff accountable, including but not limited to moving from top 3 rule to banding rule
•Training for staff who serve as supervisors and managers •Improve facilities and workplaces
•Develop department strategic plans looking ahead 5-10
•Onboarding manual for city council and staff
Councilmember
Brotman
• Environmental sustainability (100% by 2035, building electrification, and address food waste) • Mobility (Vision Zero), consider new department of transportation) • Housing (create more ownership housing, increase staff capacity to process new housing projects) • Financial sustainability (taxes, infrastructure bonds), new revenue sources • Add staff
Councilmember
Devine
• Economic development
• Strengthen staff, particularly in planning and code enforcement • Mobility
• Fiscal sustainability
Councilmember
Najarian
• Economic development: high quality restaurants, support local small business (not necessarily financial), BRT (Bus Rapid Transit) will be a huge issue
• Infrastructure: incorporate bike paths, reinvest in critical infrastructure • Financial sustainability
• Focus on south Glendale (including parking), cleanliness, parks and recreation space • Consider new aquatic facility
• Improve operations and efficiency of city, particularly planning and fire prevention review; create a pleasant and simple experience for customers
• Review Design Review Board to determine if they go too far; Bring balance to Historic Preservation Commission • Address staff turnover
• Remove obstacles to housing
134 of 143

No. Council Request
Date
Requeste
d
Requesting
Council
Seconding
Council Status Council Priority
1 Extension of Building Electrification to "major remodels" including programs to help homeowners do things like update to energy efficient retrofits. 1/24/2023 Brotman Asatryan Active
Environmental
Stewardship
2 Seeking feedback on how the Sustainability Commission can offer a greater focus on wildfire mitigation in response to a recent report concluding that the effects of the 2020 wildfires surpassed a decades worth of emission reductions. 10/26/2022 Najarian Asatryan Active Environmental
Stewardship
3 Report on the possibility of Glendale establishing its own Virtual Power Plant Program 7/12/2022 Devine Kassakhian Active Environmental
Stewardship
4 Report to determine what it would take for Glendale to reach 100% clean energy by 2035 3/30/2021 Brotman Kassakhian Active Environmental
Stewardship
5 Policy discussion to exceed solar installation policy in excess of the current 110% maximum 1/24/2023 Brotman Asatryan Active Environmental
Stewardship
6 Host an electric bike test ride event, possibly in conjunction with GWP's electric vehicle test ride event. 12/6/2022 Brotman Asatryan Active Environmental
Stewardship
7 Establishment of a recycled water program similar to the City of LA's which allows up to 300 gallons of free recycled water to residents. 8/23/2022 Kassakhian Devine Complete Environmental
Stewardship
8 Resolution on achieving a clean energy future 7/12/2022 Kassakhian Brotman Complete Environmental
Stewardship
9 Revisit programming to incentivize reduction in water usage (e.g. turf removal) 5/4/2022 Kassakhian Brotman Complete Environmental
Stewardship
10 Collection and composting of horse manure instead of dumping it at the landfill 4/12/2022 Devine Brotman Complete Environmental
Stewardship
11 Follow-up material on organic waste 2/15/2022 Devine Agajanian Complete Environmental
Stewardship
12 Consideration of code amendment which requires electric appliances in all future construction, not just ADU's. 2/1/2022 Devine Kassakhian Complete Environmental
Stewardship
13 Report on potential options for increasing water conservation 11/30/2021 Kassakhian Brotman Complete Environmental
Stewardship
14 Requiring reusable food service ware for dine-in restaurants. Requesting this be paired with the report on citywide ban on single use plastics. 10/26/2021 Brotman Kassakhian Complete
Environmental
Stewardship
15 Recommended steps for implementing citywide ban on gas mowers, trimmers, etc. 6/29/2021 Brotman Devine Complete Environmental
Stewardship
16 Status update on electrification of City owned gas-powered landscaping equipment 6/29/2021 Brotman Devine Complete Environmental
Stewardship
17 Agenda on policy for prioritizing trees and using local species 5/18/2021 Kassakhian Brotman Complete Environmental
Stewardship
18 Setting policy goal for total tree canopy throughout the City. 5/18/2021 Brotman Kassakhian Complete Environmental
Stewardship
19 Fleet Electrification Feasibility Study - Decarbonization of City's Fleet w/ roadmap to 100% zero carbon (list milestone dates) 1/19/2021 Brotman Kassakhian Complete Environmental
Stewardship
20 Consideration of limit on what landlords can charge as an application fee for potential tenants 2/27/2023 Brotman Kassakhian Active Housing 21 Recommendations to increase punitive damages on illegal construction and speed by which a case proceeds through the code enforcement process. 8/16/2022 Devine Brotman Active Housing 22 Consideration of incentive program to allow short term rentals in apartments where the landlord participates in the Section 8 program.

This review is intended to include information regarding whether Section 8 applicants are having trouble finding suitable units in the market. 2/1/2022 Kassakhian Brotman Active Housing
23 City Council/Housing Authority discussion on the purpose of the Housing Element with the intent to offer a better understanding of the situation in Santa Monica, how/if we are different, and the implications of failure to comply with the law (i.e. "builder's remedy") 10/26/2022 Kassakhian Brotman Complete Housing 24 Potential prohibition of converting barns into an ADU within the Rancho Horse Overlay Zone 4/5/2022 Devine Brotman Complete Housing Council Follow-up List (January 2020 to March 2023)
Exhibit 2

135 of 143

No. Council Request
Date
Requeste
d
Requesting
Council
Seconding
Council Status Council Priority
Council Follow-up List (January 2020 to March 2023)
Exhibit 2
25 Status of the City's Home Sharing Policy 2/1/2022 Kassakhian Brotman Complete Housing 26 Ordinance requiring all new ADU development contain an all electric component to the build 10/9/2021 Devine Brotman Complete Housing 27 Methods/Procedures Available to Challenging State's Housing Legislation(SB50, etc.) 1/1/2020 Devine Gharpetian Complete Housing 28 Reconsideration of how the City defines a major transit stop in accordance with AB 2097 2/28/2023 Brotman Asatryan Complete Housing 29 Discussion on Glendale's infrastructure priorities, efforts to coordinate with other cities to identify common interests in response to the availability of over a trillion dollars worth of infrastructure funds. 10/26/2022 Kassakhian Asatryan Active Infrastructure 30 Request to reconsider Biogas Project 8/23/2022 Asatryan Kassakhian Complete Infrastructure 31 Cost/Benefit Analysis of Verdugo Wash Phases 11/29/2022 Kassakhian Asatryan Active Mobility/Connectivi
ty/Safety
32 Options for improving bus shelter coverage at existing bus stops 4/20/2021 Kassakhian Brotman Active Mobility/Connectivi
ty/Safety
33 Moratorium on Drive Thrus throughout the City. 7/19/2022 Kassakhian Asatryan Complete Mobility/Connectivi
ty/Safety
34 Request for bus schedule information readily available for bus riders 1/11/2022 Kassakhian Brotman Complete Mobility/Connectivi
ty/Safety
35 Explore the concept of working with the school district to bring back a drivers education training program in schools 11/30/2021 Kassakhian Brotman Complete Mobility/Connectivi
ty/Safety
36 Report on traffic collisions within the last couple of years, identifying types and severities of the accidents. 11/2/2021 Brotman Najarian Complete Mobility/Connectivi
ty/Safety
37 Report on AB 43. 11/2/2021 Brotman Najarian Complete Mobility/Connectivi
ty/Safety
38 Report on disaster preparedness and tools we have available such as CERT. 1/24/2023 Brotman Asatryan Active 39 Discussion on status of existing legislation and options for what the City can do to assure that street vending is operated in a responsible manner 10/26/2022 Kassakhian Asatryan Active 40 Naming of a square in honor of Homenentment Ararat Chapter & in honor of Sadao Munemori (Isabel & Broadway). 10/26/2022 Kassakhian Devine Active 41 Sign at Rockhaven with a QR Code that leads back to the Rockhaven webpage where people can learn and donate. 8/16/2022 Kassakhian Devine Active 42 Converting Lot 15 to a mini-park to cater to residents in the downtown area, located on Orange, between Wilson & California. 8/9/2022 Asatryan Devine Active 43 Discussion on # of gun stores in the City/potential for CUP process. 7/19/2022 Kassakhian Devine Active 44 Programming similar to Sacramento's Summer City Hall Internship program. 7/13/2022 Asatryan Kassakhian Active 45 Consideration to implement local hire component throughout development projects within the City's jurisdiction. 2/1/2022 Devine Kassakhian Active 46 Memo regarding the purpose and merits of potentially adopting a "Dark Sky Ordinance" to address light pollution. 7/20/2021 Brotman Devine Active 47 Report and Resolution regarding the final closure of the Scholl Canyon Landfill to include a definitive statement on closure date, and summary of process to commence the post closure activities. 11/30/2021 Brotman Kassakhian Complete 48 Code amendment to allow outdoor dining within parking lots 4/12/2022 Brotman Devine Complete 49 Retrofit of parking meters to utilize credit card payments and phone based app. 2/15/2022 Kassakhian Agajanian Complete 50 Hosting of another Gun Buyback Program 1/24/2023 Kassakhian Asatryan Complete 51 Hosting of Annual Small Business Week Program 11/29/2022 Asatryan Kassakhian Complete 52 Consideration of dog park at southwest corner of Brand Park. 10/26/2022 Asatryan Brotman Complete 53 Purchasing preference to female and minority owned businesses 9/13/2022 Asatryan Devine Complete 54 Letter of Support for renaming Post Office after Paul Ignatius 8/26/2022 Kassakhian Najarian Complete 55 Convert unused space at Palmer Park into Dog park and look at possibility of looking at Lot 11 as a dog park. 8/9/2022 Asatryan Kassakhian Complete 56 Creation of a Citizens’ Academy Program. 8/9/2022 Kassakhian Asatryan Complete 57 Consideration to bring back City Council in your Neighborhood Program. 8/9/2022 Kassakhian Brotman Complete 58 Modify term limits for Board and Commission members. 8/9/2022 Brotman Asatryan Complete 59 Revisit the entire board and commission member appointment process; revisit panel appointment process, and explore how other cities appoint members. 8/9/2022 Kassakhian Asatryan Complete

136 of 143

No. Council Request
Date
Requeste
d
Requesting
Council
Seconding
Council Status Council Priority
Council Follow-up List (January 2020 to March 2023)
Exhibit 2
60 Add youth seats (non-voting members) to Commissions: Parks, Recreation & Community Services, Arts & Culture, Transportation & Parking. 8/9/2022 Asatryan Brotman Complete
61 Establishment of a Poet Laureate program 7/12/2022 Kassakhian Devine Complete 62 Revisit the Ordinance placing a cap on what food delivery apps can charge 5/24/2022 Kassakhian Najarian Complete 63 Creation of a Sister City relationship with Martuni 5/24/2022 Kassakhian Najarian Complete 64 Status of Dog Kennels within the Rancho Horse Overlay Zone 4/5/2022 Brotman Najarian Complete 65 Memo on legality of requiring employees to get tested for COVID-19 twice a week at their own cost. 12/14/2021 Brotman Devine Complete 66 Report providing an update on where we are with the waste franchising effort and landlord rights related to the new franchise rules 11/30/2021 Kassakhian Agajanian Complete 67 Memorandum addressing level of effort for the City taking on the role of prosecuting certain misdemeanors in-house similar to Santa Monica and Pasadena. What would it mean in terms of staffing and impacts. 9/14/2021 Kassakhian Brotman Complete 68 Placing al fresco violations into temporary abeyance while we review code amendments to allow outdoor dining within existing parking lots. 7/19/2021 Brotman Devine Complete
69 Revisit Policy on Digital Signage 1/19/2021 Kassakhian Brotman Complete 70 Updated Hotel Study 1/1/2020 Najarian Gharpetian Complete Priority Area Active Completed Total
Environmental
Stewardship 6 13 19
Housing 3 6 9
Infrastructure 1 1 2
Mobility/Connec
tivity/Safety 2 5 7
No Category 9 24 33
Total 21 49 70
Summary Table

137 of 143

Exhibit 3

City of Glendale Workplan FY 2022-23

3/17/2022

City of Glendale
Workplan FY 2022-23

INTRODUCTION

The City of Glendale held a City Council governance workshop in the form of a Special City Council meeting on November 6, 2021. The workshop provided an opportunity for members of the City Council to develop a shared understanding of high-performance governance best practices, discuss norms, establish priorities for the next budget year, and strengthen teamwork and leadership skills.

As part of the priority setting discussion, the following four areas were identified by the City Council:

Following the November 6 meeting, City staff prepared a workplan that identified projects, programs and initiatives beyond the normal workload, designed to carry out the Council’s four highest priorities as highlighted above.

The City Manager presented the draft workplan to Council on December 7, 2021, at a public meeting. After review and discussion, Council members provided additional projects and initiatives they wanted to be incorporated into the workplan. Council further directed staff to incorporate said priorities and workplan into the preparation of the 2022-23 Fiscal Year Budget.

This document represents the final workplan.

Environmental
Stewardship Housing
Mobility/
Connectivity/
Safety
Infrastructure
138 of 143

Exhibit 3

City of Glendale Workplan FY 2022-23

3/17/2022

ENVIRONMENTAL STEWARDSHIP

Departments Responsible: Water & Power, Management Services, Public Works, Community Services & Parks, Community Development and Fire Department

1. Complete Climate Action & Adaptation Plan. (MSD)

2. Clean/Renewable Energy Development, Investments & Purchase Agreements. (GWP)

3. Identify and develop local solar energy storage at a minimum of 2 City-owned properties. (GWP)

4. Establish fuel crew to mitigate threat of wildfires around GWP & City infrastructure (GWP/FD)

5. Plant 1,500 new trees to increase tree canopy from 21% to 25% over the next 10 years. (PW)

6. Regulate the use of single use plastics for food service providers in order to reduce litter. (MSD)

7. Develop a “reach code” (above & beyond CA Energy Code) for electrification of new building construction. (MSD)

8. Conduct public outreach and implement organics diversion and compliance requirements. (PW)

9. Explore distributed energy resources (DER). (GWP)

10. Assess City owned sites for feasibility of installing solar panels. (GWP)

11. Pilot cool surface/pavement on Lot #2. (PW)

12. Develop a policy discussion and potential ordinance to ban gas-powered leaf blowers and other landscape equipment Citywide. (CDD)

13. Replace City-owned gas powered hand held equipment to electrical. (CSP)

139 of 143

Exhibit 3

City of Glendale Workplan FY 2022-23

3/17/2022

HOUSING
Departments Responsible: Community Development, City Attorney’s Office

1. Complete grading and begin framing of 900 E. Broadway affordable housing project. (CDD)

2. Seek tax credit funding and begin construction of 920 E. Broadway affordable housing project. (CDD)

3. Seek tax credit funding and begin construction of 515 Pioneer affordable housing project. (CDD)

4. Identify & potentially acquire property for next affordable housing project. (CDD)

5. Seek approval of and (re)establish 2 housing assistance programs (CDD):

a. Monthly Housing Subsidy Program
b. First Time Home Buyer Program

6. Establish and adopt objective design standards and streamline process consistent with State law (CDD):

a. Single-family homes (SB 9)
b. Multi-family (Housing Accountability Act)

7. Adopt South Glendale Community Plan and associated zoning (Tropico, multifamily development standards) (CDD)
a. Explore housing standards amendments in the Downtown to increase the production of housing (i.e. minimum unit size; minimum parking requirements).

8. Adopt the Housing Element of the Glendale General Plan. (CDD)

9. Complete Tenant/Landlord Committee prescribed scope of work. (CDD)

10. Complete East/West Community Plan historic survey and context statement. (CDD)

140 of 143

Exhibit 3

City of Glendale Workplan FY 2022-23

3/17/2022

MOBILITY/CONNECTIVITY/SAFETY

Departments Responsible: Community Development, Public Works and Police Department

1. Update Citywide Bicycle Transportation Plan. (PW/CDD)

2. Complete Verdugo Wash Visioning and begin Environmental Review process. (CDD)

3. Establish and adopt Vision Zero Policy including Local Roadway Safety Plan (CDD,

PW, PD)

4. Implement Phase I of Citywide Pedestrian Safety Plan (PW)

a. Glendale Ave from Doran St to Broadway
b. San Fernando Rd from Raymond Ave to Davis Ave
c. Wilson Ave from Central Ave to Adams St
d. Complete Design of Colorado Street Pedestrian Improvements Project e. Seek funding for design of Phase II of Honolulu Corridor

5. Start design of Phase II projects for Citywide Pedestrian Safety Plan (PW) a. Incorporate creative crosswalks at appropriate locations

6. Conduct weekly enforcement focused on education and based on primary collision factors. (PD)

7. Deliver a presentation to City Council on AB 43 (speed limits). (PW)

8. Implement permanent slow streets program. (PW)

9. Continue discussions with State legislators regarding automated speed enforcement. (PD)

10. Explore transit opportunities to move people internally around the City and connect neighborhoods. (CDD)

141 of 143

Exhibit 3

City of Glendale Workplan FY 2022-23

3/17/2022

INFRASTRUCTURE
Departments Responsible: Public Works, Water & Power, Community Development, Community Services & Parks, City Attorney’s Office, Information Technology, Fire Department, Library, Arts & Culture

1. Complete Seismic & Functional Retrofit of Fire Stations 23 & 27. (PW/Fire)

2. Develop a 10-Year Seismic & Functional Retrofit Master Plan for remaining fire stations. (PW/Fire)

3. Begin Central Library Roof Replacement Project. (PW/LAC)

4. Award contract for Central Library Youth Spaces Renovation. (PW/LAC)

5. Begin construction of Artsakh Avenue Improvements. (PW/CDD)

6. Retain consultant for preparation of plans and specifications for Central Park. (CDD)

7. Select turf option and execute construction contract for Fremont Park Renovation Project. (PW/CSP)

8. Obtain environment clearance and start design development for Glendale-LA Garden River Pedestrian/Bike Bridge. (PW/CSP)

9. Rockhaven Project (PW/CSP/CDD)

a. Remove and replace roofing of 10 structures
b. Complete schematic plan including a museum dedicated to the legacy of Agnes Richards and the compassionate care for women with mental health challenges

10. Complete Storm Drain Master Plan. (PW)

11. Complete (Phase 1 of 3) of CCTV of the Sanitary Sewer Collection System. (PW)

12. Fleet Electrification Plan (PW)

a. Conduct needs assessment to determine cost of transitioning fleet to zero emission model and develop a funding strategy for its implementation.

142 of 143

Exhibit 3

City of Glendale Workplan FY 2022-23

3/17/2022

13. Install 60 EV Chargers at City Parks, City Parking Lots and Structures and curbside locations. (GWP)

14. Grayson Energy Center Project (GWP)

15. Scholl Canyon Biogas Project (GWP)

a. Purchase 4 internal combustion engines
b. Complete demolition and 50% of construction

16. Complete construction of the fiber network backbone with service offerings for business customers, anchor institutions, and third party service providers. (GWP/IT)

17. Finish Wi-Fi Master Plan and begin implementation (IT)

18. Complete FY 2022-23 CIP projects to address street and sidewalk improvements. (PW)

19. Continue upgrading grid with 4kv to 12 kv conversions. (GWP)

20. Complete Scholl Landfill closure/post closure analysis and report. (GWP & PW)

21. Explore distributed energy resources (DER). (GWP)

22. Research and prepare a report on an Infrastructure Bond. (PW)

143 of 143