Glendale City Council
August 22, 2023

A G E N D A

GLENDALE CITY COUNCIL

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

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records,

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Clerk,

613

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Broadway, RM 110, Glendale, CA 91206.

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AUGUST 22, 2023

REVISED AGENDA
- Items 1i, 1j, and 4a were added

ROLL CALL

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

Public Employee Performance Evaluation – City Manager

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b.

Conference with Labor Negotiators: The City-designated negotiator attending the closed session is: Mayor Dan Brotman. Unrepresented Employee Position: City Manager
c.

Public Employee Performance Evaluation – City Attorney
d.

Conference with Labor Negotiators: The City-designated negotiator attending the closed session is: Mayor Dan Brotman. Unrepresented Employee Position: City Attorney
e.

Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Paula Adams, Aymee Martin, and Jason Bradford. The names of the employee organizations are: Glendale City Employees’ Association, Glendale Management Association, Glendale Police Officers’ Association, Glendale Fire Fighters Association and I.B.E.W., Local 18, Unit 40. Unrepresented Employees:

Executives and Confidential Employees
f.

Conference with Legal Counsel - Pending Litigation: In Re Aqueous Film-Forming Products Liability Litigation, U.S.D.C. (South Carolina) Case No. 2:18 MN 2873 g.

Public Employment – Attorneys
h.

Conference with Legal Counsel - Pending Litigation: Hadadian v. City of Glendale, L.A.S.C. Case No. BC 722321
i.

Conference with Legal Counsel - Pending Litigation: Friends of Rockhaven v. City of Glendale et al., L.A.S.C. Case No. 23STCP01092
j.

Conference with real property negotiators: Property location – Real property generally located at the terminus of New York Avenue near Park Vista Drive, commonly referred to as “Mountain Oaks.” Negotiating parties: F.E. & M. Inc.

Employee’s Defined Contribution Plan Trust dated July 10, 1984. Agency negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J.

Garcia, Gillian van Muyden, Bradley Calvert, Jason Bradford and Onnig Bulanikian.

Instructions to the negotiator(s) will concern the price and terms for the acquisition of property

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

Flag Salute: Mayor Dan Brotman
b.

Invocation: Suzie Abajian, City Clerk
c.

Report of the City Clerk, re: Posting of Agenda. The Agenda for the August 22, 2023 Regular Meeting of the Glendale City Council was Posted on August 16, 2023 on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, August 29, 2023 b.

Proclamation designating August 26, 2023 as Women’s Equality Day

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

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Before Motion is Proposed.
a.

City Clerk, re: Minutes of the Regular City Council meeting on August 15, 2023 b.

City Manager, re: Approval of FY 2023-24 Workplan

1. Motion to approve FY 2023-24 Workplan
c.

Community Services and Parks, re:

Community Impact Arts Grant (CIAG) program
funds from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park

1. Motion accepting Community Impact Arts Grant (CIAG) program funds in the amount of $9,200 from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park; and authorizing the City Manager or a designee to execute all agreements, certifications, and documents necessary to accept and implement the funds

2. Resolution of Appropriation to appropriate $9,200 in CIAG program funds from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park

5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES

8. ACTION ITEMS
a.

Glendale Water and Power, re: Professional Services Agreement with Energy and Environmental Economics, Inc. (E3) to assist Glendale Water and Power (GWP) with the Development of a Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources (DER).

1. Motion authorizing the City Manager, or his designee, to execute a Professional Services Agreement with Energy and Environmental Economics, Inc. (E3) to assist GWP with the Development of a Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources (DER) in the not-to-exceed amount of $335,875
b.

Community Development, re: Landlord/Tenant Ad-Hoc Committee Update on Work Plan

1. Motion to approve Landlord/ Tenant Ad-Hoc Committee’s suggestions on the Rental Rights Program, with the intention of revisiting these suggestions in a redlined version of the ordinance at a subsequent council session

2. Motion to approve Rental Rights Marketing Strategy

3. Motion to provide direction on the desire to establish a Dispute Resolution/Mediation program

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS

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13. 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.

14. NEW BUSINESS

15. 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
AUGUST 15, 2023
ROLL CALL- All Present

1. CLOSED SESSION – 3:08 p.m.
a. Public Employee Performance Evaluation – City Manager b. Conference with Labor Negotiators: The City-designated negotiator attending the closed session is: Mayor Dan Brotman. Unrepresented Employee Position: City Manager
c. Public Employee Performance Evaluation – City Attorney d. Conference with Labor Negotiators: The City-designated negotiator attending the closed session is: Mayor Dan Brotman. Unrepresented Employee Position: City Attorney
e. Conference with real property negotiators. City negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Bradley Calvert, Jason Bradford, Michael J. Garcia, Gillian van Muyden, and Onnig Bulanikian. Property location:
115 & 121 West Wilson Avenue. Negotiating Parties: Lillie S Makhanian Trust.

Instructions to the negotiator(s) will concern the price and terms for the acquisition of property
f. Conference with Legal Counsel - Pending Litigation: California Rifle & Pistol Association, Incorporated, et al. v. City of Glendale, et al., U.S.D.C. Case No. 2:22- cv- 07346-SB-JC
g. Conference with Legal Counsel - Pending Litigation: Alchian, et al. v. City of Glendale, et al., LASC Case No. 22STCV08075
h. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Mark Young, Paula Adams, Aymee Martin, Jason Bradford and Peter Brown. The name of the employee organization is: I.B.E.W., Local 18, Unit 40 i. Conference with Legal Counsel - Pending Litigation: Glenoaks Canyon Homeowners Association v. City of Glendale, et al., L.A.S.C. Case No. 22STCP00114
j. Conference with real property negotiators. City negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Bradley Calvert, Jason Bradford, Michael J. Garcia, Gillian van Muyden, Dorine Martirosian, and Allen Castillo.

Property location: 222 N. Orange Street. Negotiating Parties: Verizon.

Instructions to the negotiator(s) will concern the price and terms for the lease of property
k. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Paula Adams, Aymee Martin, and Jason Bradford. The names of the employee organizations are: Glendale City Employees’ Association, Glendale Management Association, Glendale Police Officers’ Association, Glendale Fire Fighters Association and I.B.E.W., Local 18, Unit 40. Unrepresented Employees:

Executives and Confidential Employees
City Attorney Mike Garcia indicated that action is anticipated on item 1i. Council recessed to closed session at 3:08 p.m.
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2 Asatryan, Devine, Kassakhian, Najarian, Brotman
None
None
None
Ayes:

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:

Public Comment:

Herbert Molano

2. REGULAR BUSINESS AGENDA – 6:06 PM
Roll Call – All Present
a. Flag Salute: Mayor Brotman
b. Invocation: Pastor Kurt Poland, First German United Methodist Church c. Report of City Clerk, re: Posting of Agenda. The Agenda for the August 15, 2023 Regular Meeting of the Glendale City Council was Posted on August 10, 2023 on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, August 22, 2023 Assistant City Manager John Takhtalian provided the preview. b. Appointment of Armineh Megrabyan to the Civil Service Commission (Brotman/Asatryan, 08/08/23)
c. Identification of Nominating Panel for Historic Preservation Commission (Devine/Brotman)

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 4c pulled for separate consideration.
a. City Clerk, re: Minutes of the Regular City Council Meeting of August 8, 2023 Moved: Devine Seconded: Najarian
b. Libraries, Arts, and Culture, re: Artsakh Ave. Gateway Public Art Piece - "Curtain" by Paul Cocksedge Studio

1. Rescind the May 10, 2022 Special City Council Meeting Motion authorizing the City Manager, or a designee, to enter into and execute an Agreement for Commission of Artwork with Paul Cocksedge Studio in the amount of $550,000 dispersed from the Urban Art Fund, to design, fabricate, and install a public art piece entitled, “Curtain,” for the Artsakh Ave. Gateway Public Art Piece.

Moved: Devine Seconded: Najarian
7 of 174

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

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

2. Redistribute $550,000 dispersed from the Urban Art Fund, to support the design, fabrication, and installation of public art pieces throughout the City Moved: Devine Seconded: Najarian
c. Public Works, re: Dunsmore Park Improvements Project Staff Comments:

Yazdan Emrani, Director of Public Works
Bryan Salazar, Administrative Analyst/ Electrical Engineering, GWP

1. Motion awarding a construction contract to All American Asphalt, in the amount of $741,261, approving a 15 percent contingency in the amount of $111,189, rejecting all other bids, and authorizing the City Manager or a designee to execute the contract
Moved: Devine Seconded: Asatryan
Item 4D is being moved to another date.
d. Public Works, re: Professional Services Agreement for Professional Consultant Services for the Citywide Traffic and Mobility Study

1. Motion authorizing the City Manager or a designee to enter into and execute a Professional Services Agreement with ADVANTEC Consulting Engineers, Inc. to provide Professional Consultant Services for the Citywide Traffic and Mobility Study in the amount of $495,208, plus a 10 percent contingency of $49,521

5. CITY COUNCIL/STAFF COMMENTS
Councilmember Kassakhian wished the students and teachers the best of luck for this upcoming school year. He sent his thoughts and prayers to those who suffered in the wildfire in Maui, Hawaii and to the people of Artsakh who are continuing to suffer from the blockade of the Azerbaijani government that is severely restricting delivery of food, medical supplies, and other essentials. Kassakhian received information there was a power outage in Northwest Glendale. He asked staff to put out information on social media to warn the public about future power outages in the city. Councilmember Kassakhian received an email regarding trees along Beaudry Blvd. not being watered in the medians and asked staff to investigate it. Kassakhian asked staff to find a permanent home for the Pinwheel mobile art installation outside the Glendale Central Library. Kassakhian stated there is sometimes difficulty in seeing who would want to speak first during a council meeting and asked staff to inquire about getting a queuing equipment to be used on the dais.

City Manager Golanian stated that the Communications Division disseminates the power outage information via Facebook, twitter, and Instagram. Unfortunately, staff took a while to determine the cause of the last outage and were not able to send out the information via social media.
8 of 174

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

Noes:

Absent:

Abstain:

Asst. City Manager Takhtalian explained that the state has a strict restriction on watering artificial turf. He stated that the water has been turned off for the grass on Beaudry Blvd, but the trees and shrubs do continue to be watered.

Councilmember Asatryan visited the senior housing on 333 Monterey Ave. where she heard the complaints of the residents who live there. She asked staff to inspect the senior housing facility. Asatryan stated that the residents lack information on city and LA County services such as transportation programs and citywide events. She stated that college students and seniors frequently use public transportation and they should be the key demographics in outreach efforts. Since a report will be brought back to council regarding the Glendale Beeline, Asatryan asked staff to get more input from students and seniors. She also asked staff to reach out to all of Glendale’s senior housing to provide the residents more information on city and county services. Asatryan is in communication with the people of Artsakh, and they are looking for additional assistance regarding their circumstances. She asked the City Manager’s on how the city can provide assistance to the people of Artsakh.

Asatryan also addressed issues that transpired last week with council during a discussion of an agenda item.

Councilmember Najarian provided his comments regarding last week’s council meeting. He asked for additional time to nominate his commissioners and voiced his concern about his request being denied during a discussion when he wasn’t present. Mayor Brotman explained his perspective of what transpired last week and his reasoning behind his decisions.

City Manager Golanian read a statement from Robert Avetisyan, a permanent representative of the Republic of Artsakh in the US. Golanian asked council to allocate humanitarian aid to the Sister Cities in Artsakh including Martuni.

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES
a. Community Development, re: Ordinance 6009 Prohibiting Issuance of Entitlements and/or Permits for Establishment of New or Replacement Retail Uses Selling Firearms or Ammunition and Declaring the Urgency Thereof (Devine, 07/25/23)
Moved: Devine Seconded: Asatryan
Staff Comment:

Roubik Golanian, City Manager

8. ACTION ITEMS
a. Finance, re: Employee Medical Stipend
Staff Comment:

Roubik Golanian, City Manager
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5 Asatryan, Devine, Kassakhian, Najarian
Brotman
None
None
Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

Public Comments:

Ramella Eraghi
Herbert Molano

1. Motion to approve a Medical Stipend for City of Glendale Employees, in the Aggregate Amount of $2,347,295, to Cover Medical Premium Increases from June 2023 through June 2024
Moved: Asatryan Seconded: Devine

2. Resolution 23-116 of appropriation
Moved: Asatryan Seconded: Devine

9. HEARINGS
a. City Attorney, re: Third Public Hearing Regarding the Composition of Council Districts Related to the City's Proposed Transition to District-Based Councilmember Elections
Hearing opened at 7:41 p.m. and closed at 9:03 p.m.

Staff Comment:

Mike Garcia, City Attorney
Presenting:

Doug Johnson, President of National Demographics Corporation Public Comments:

Karen Kwak
Maro Yacoupian
Alek Bartrosouf
Allen Dish
Herbert Molano
Lisa Morris
Allan Durham
Teresa Blackburn

1. Motion Directing Staff Regarding Preparation of Draft District Maps Council went to recess at 9:03 p.m. and returned at 9:10 p.m. 10 of 174

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

Noes:

Absent:

Abstain:
b. Community Development, re: Appeal of Planning Commission’s approval of Density Bonus Review Case Number PDBP2120753, for 246 North Jackson Street (Environmental Determination of Class 32 “In-fill Development Project” Exemption Per State CEQA Guidelines Section 15332) Hearing opened at 9:15 p.m. and closed at 11:17 p.m.

Staff Comments:

Roubik Golanian, City Manager
Mike Garcia, City Attorney
Yvette Neukian, Principal Assistant City Attorney
Presenting:

Cassandra Pruett, Senior Planner • Community Development Catherine Jurca, Appellant
Grant Michaels, Appellant
Richard McDonald, Attorney of Applicant
Art Simonian, Applicant
Public Comments:

Karen Kwak
Rick Stern
Mary Lynn Fisher
Allan Durham
Ramella Eraghi
Palma Vincenti
Herbert Molano
Bruce Merritt
Lee Smith
Damian Sullivan
Ani Hart
Naira Soghbatian
Alexander
Patty Silversher

1. Motion to sustain the Planning Commission’s decision to sustain the Planning Hearing Officer’s granting with conditions of Density Bonus Review Case Number PDBP2120753 for 246 North Jackson Street
Moved: Najarian Seconded: Asatryan
11 of 174

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

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:

2. Motion to continue the matter, directing the City Attorney to draft findings reversing the Planning Commission’s decision to sustain the Planning Hearing Officer’s granting with conditions of Density Bonus Review Case Number PDBP2120753 for 246 North Jackson Street
Moved: Devine Seconded: Brotman
Motion 9b2 did not pass.

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Councilmember Najarian’s Request to Agendize a Review of the Noise Standards for the Downtown Specific Plan Area
Moved: Najarian Seconded: Asatryan
b. Mayor Brotman’s Request to Agendize a Discussion of Shared Mobility Pilot Program Focused on Bicycles and E-Bikes
Moved: Brotman Seconded: Kassakhian

13. 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.

Herbert Molano
Allen Dish
Allen Durham
Emanuel Gulakian
Catherine Jurca
Maria
Mike Borisov
12 of 174

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

Noes:

Absent:

Abstain:

14. NEW BUSINESS
a. Motion to enter into and execute a Settlement Agreement to resolve and settle all claims in the matter of Glenoaks Canyon Homeowners Association (GOCHA) v.

City of Glendale, et al., Los Angeles County Superior Court Case No. 22STCP00114
Moved: Najarian Seconded: Devine

15. ADJOURNMENT– 12:40 a.m.

Moved: Devine Seconded: Najarian
Mayor of the City of Glendale
City Clerk of the City of Glendale
13 of 174

4 4
4 2
Item Type: Consent Item
Approved for8/22/2023 calendar

AGENDA ITEM

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL
Report: Approval of FY 2023-24 Workplan
1) Motion to approve FY 2023-24 Workplan

COUNCIL ACTION

EXECUTIVE SUMMARY
On May 9, 2023, staff presented the proposed FY 2023-24 Workplan based on Council’s previously adopted four priority focus areas (Financial Sustainability, Economic Development, Operational Efficiency and Mobility, Traffic & Pedestrian Safety). Staff also presented the Council Follow-up List containing a list of items requested by various Councilmembers dating back to 2018. City Council provided direction on both items and which staff has incorporated into the final version attached as Exhibit 1. 14 of 174

2 COUNCIL PRIORITIES
The purpose of this report is to seek Council approval of the FY 2023-24 Workplan based on Council’s four adopted priority focus areas (Financial Sustainability, Economic Development, Operational Efficiency and Mobility, Traffic & Pedestrian Safety.) Staff reports will refer to these priority areas.

RECOMMENDATION
Approve FY 2023-24 Workplan (Exhibit 1).

BACKGROUND AND ANALYSIS
On May 9, 2023, staff presented the proposed FY 2023-24 Workplan to Council based on Council’s selection of four priority areas at a City Council Workshop, held on March 21, 2023.

The four priority areas selected were:
•Financial Sustainability
•Economic Development
•Operational Efficiency
•Mobility, Traffic & Pedestrian Safety
When presented to Council, the proposed FY 2023-24 Workplan contained 59 items. Upon review and discussion, Council added, modified, and removed some items. Staff also presented the Council Follow-up List containing items requested by various Councilmembers going back to 2018. Council reviewed each of the 21 active items and provided direction to incorporate some of them into the Workplan, eliminate others and put some on hold. Exhibit 1 contains the comprehensive list of the modified Workplan items and the folded in Council Follow Up items.

Upon final approval, Council is encouraged to refrain from changing the Workplan. However, staff acknowledges that there are circumstances when 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.

On April 18, 2023, Council introduced an ordinance and adopted a revised policy regarding councilmember requests to place matters on future agendas.

It should be noted that any new items added that require extensive staff resources to research, review and prepare a formal response that may have the potential of delaying or eliminating existing items on the Workplan. Thus, Council is encouraged to not add new items unless they meet one of the five criteria outlined above.

Similar to last year, a dashboard will be designed to keep track of the Workplan items and periodic updates on the status of Workplan items will be presented to Council. 15 of 174

3 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
1) Approve the FY 2023-24 Workplan as presented.
2) Modify the FY 2023-24 Workplan.
3) Council may choose another alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Elena Bolbolian, Chief Innovation Officer
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: FY 2023-24 Workplan
16 of 174

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 August 22, 2023.

Vote as follows:

Ayes:

Noes:

Abstain:

Absent:
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City of Glendale Workplan FY 2023-24

8/1/2023
Exhibit 1
Workplan for FY 2023-24

INTRODUCTION
The City of Glendale’s Workplan outlines priority areas and action items to achieve City Council priorities. Glendale held a City Council governance workshop in the form of a Special City Council meeting on March 21, 2023 to provide an opportunity for Councilmembers to discuss governance norms, review and establish consensus on priorities for Fiscal Year 2023-24 Workplan, and strengthen teamwork. As part of the priority setting discussion, the following four areas were identified by the City Council as the focus for the Workplan:
•Financial Sustainability
•Economic Development
•Mobility, Traffic & Pedestrian Safety
•Operational Efficiency
Following the March 21st workshop, City staff prepared a draft workplan that identified projects, programs and initiatives, designed to carry out the Council’s four highest priorities. The City Manager presented the draft workplan to Council on May 9, 2023, at a public meeting. After review and discussion, Council added, modified and removed items.

Staff also presented the Council Follow-up List to Council containing a list of items requested by various Councilmembers from 2018. Council reviewed each of the 21 items and gave direction to fold some of them into the Workplan, eliminate others and put some on hold.

Items that were on the prior year’s FY 2022-23 Workplan that were not completed as of 6/30/2023 or are being continued, are noted as “FY 2022-23 Carryover Item”.

The following is a list of City Departments and abbreviations that are assigned Workplan items to implement:

City Attorney (CA)
City Clerk (CC)
City Treasurer (CT)
Community Development Department (CDD)
Community Services & Parks (CSP)
Finance Department (FIN)
Glendale Fire Department (GFD)
Glendale Water & Power (GWP)
Human Resources Department (HR)
Information Technology (IT)
Library, Arts & Culture (LAC)
Management Services Department (MSD)
Glendale Police Department (GPD)
Public Works Department (PWD)
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City of Glendale Workplan FY 2023-24

8/1/2023

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. (FY 2022-23 Carryover Item) (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 “highest and best use” development opportunities including green space and public-private partnerships. (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 public engagement and education of BRC process and fees citywide. (CDD)

5. Market City as an Arts destination by working with a public relations firm. (LAC)

MOBILITY, TRAFFIC & PEDESTRIAN SAFETY

1. Explore the pros and cons of establishing a Department of Transportation. (MSD)

2. Complete Citywide Bicycle Transportation Plan. (FY 2022-23 Carryover Item) (CDD)

3. Advance the Verdugo Wash project into refined design and environmental review including a cost benefit analysis. (FY 2022-23 Carryover Item) (CDD)

4. Complete the development of the Vision Zero policy. (FY 2022-23 Carryover Item) (CDD/GPD)

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

6. Enhance directed enforcement and education efforts through increased traffic personnel deployments, utilization of a data-driven approach focused on primary collision factor data, along with an increased emphasis on integrating enforcement technology, namely exploring enforcement cameras and real-time traffic monitoring. (FY 2022-23 Carryover Item) (PD)

7. Develop and implement automated speed enforcement pilot program pending State passage of legislation. (FY 2022-23 Carryover Item) (GPD)

8. Develop a strategy to increase post-pandemic bus ridership including evaluating existing routes, and completing a shady study for improving bus shelter coverage at existing bus stops. (PWD)

9. Implement Phase II projects for Citywide Pedestrian Safety Plan. (FY 2022-23 Carryover Item) (PWD)

10.Incorporate high visibility and creative crosswalks at appropriate locations. (FY 2022-23 Carryover Item) (PWD)

11.Implement permanent slow streets program, once Council has approved the results of the Pilot project. (FY 2022-23 Carryover Item) (PWD)

12.Identify public parking lots for cool pavement asphalt resurfacing and for implementing EV and solar. (FY 2022-23 Carryover Item) (PWD/GWP)
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City of Glendale Workplan FY 2023-24

8/1/2023

OPERATIONAL EFFICIENCY

1. 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/IT)

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

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

5. Implement Service Request and IT Tracking System. (IT/MSD)

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. (FY 2022-23 Carryover Item) (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. (FY 2022-23 Carryover Item) (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. (GPD)

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

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

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

16.Digitize Form 700 submissions and applications for Boards & Commissions. (CC)

17.Advertise vacancies on Boards & Commissions using targeted social media ads with translations. (CC)

18.Bring forward a plan for increased communication and community outreach. (MSD)

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

20.Develop a facilities masterplan to include gender accommodations and identify structural needs and deficiencies in the fire stations. (FY 2022-23 Carryover Item) (GFD/PW)

21.Develop strategic plans for each City department. (All)

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

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

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

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

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

27.Improve multilingual access by updating library signage and website. (LAC) 20 of 174

City of Glendale Workplan FY 2023-24

8/1/2023

MISCELLANEOUS ITEMS

1. Complete Climate Action and Adaptation Plan. (FY 2022-23 Carryover Item) (MSD)

2. Conduct outreach and enforce regulations to encourage the diversion of organic waste and ensure compliance with food waste regulations. (PWD)

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

4. Complete Storm Drain Master Plan. (FY 2022-23 Carryover Item) (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 a safety plan. (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. (FY 2022-23 Carryover Item) (LAC)

8. Conduct studies associated with electric infrastructure goals of other City departments that want to integrate into the GWP system (City Fleet Electrification). (GWP) ITEMS ADDED FROM THE 2018-2022 LIST OF COUNCIL REQUESTS

1. Consideration to implement local hire component throughout development projects within the City's jurisdiction and purchasing preference to female and minority owned businesses. (CA/CDD)

2. Report on feasibility of establishing our own Virtual Power Plant Program. (GWP)

3. Discussion on number of gun stores in the City/potential for CUP process. (CDD/GPD)

4. Converting Lot 15 to a mini-park to cater to residents in the downtown area, located on Orange, between Wilson & California. (CSP)

5. Sign at Rockhaven with a QR Code that leads back to informational webpage where people can donate. (CSP)

6. Discussion on Glendale's infrastructure priorities, coordination with other cities to identify common interests in response to availability of large amount of infrastructure funding. (PWD/FIN)

7. Naming of a square in honor of Homenetmen Ararat Chapter & Sadao Munemori. (MSD)

8. Host an electric bike test ride event. (GWP)

9. Extension of Building Electrification to "major remodels" including programs to help homeowners do things like update to energy efficient retrofits. (CDD/MSD)

10. Discussion to exceed solar installation policy above current 110% maximum. (GWP)

11. Consideration of limit on what landlords can charge as an application fee for potential tenants. (CDD/CA)
NEW “NON-PRIORITY” COUNCIL ITEMS REQUESTED

1. Discussion of family leave including adoption, fostering, bonding, etc. (HR) (5/2/2023 by Asatryan)

2. A report to adopt a resolution opposing antisemitism. (MSD) (6/6/2023 by Brotman)

3. A report to consider launching of an initiative to address dangerous, divisive and hate speech in Glendale. (MSD) (6/13/2023 by Brotman)
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Community Impact Arts Grant (CIAG) program funds from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park.

1. Motion accepting Community Impact Arts Grant (CIAG) program funds in the amount of $9,200 from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park; and authorizing the City Manager or a designee to execute all agreements, certifications, and documents necessary to accept and implement the funds.

2. Resolution of Appropriation to appropriate $9,200 in CIAG program funds from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for August 22, 2023 calendar

EXECUTIVE SUMMARY
The Los Angeles County Department of Arts and Culture awarded Community Services & Parks (CSP) a Community Impact Arts Grant (CIAG) of $9,200 from July 1, 2023 to June 30, 2024 for the 2023 Summer Concerts in the Park. The County, through Arts and Culture, provides grants to nonprofit organizations and municipalities in the County to support access to regional arts programming and deliver a wide variety of cultural services to County residents. The Board of Supervisors recognizes the powerful impact of the arts on the quality of life for residents in Los Angeles County’s 88 cities and approximately 140 unincorporated communities. Community Services & Parks will use these grant funds to offset the cost of the 2023 Summer Concert in the Park. 22 of 174

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COUNCIL PRIORITIES
N/A

RECOMMENDATION
That City Council accept and appropriate CIAG program funds in the amount of $9,200 from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park; and authorize the City Manager or a designee to execute all agreements, certifications, and documents necessary to accept and implement the funds.

BACKGROUND
Through the Los Angeles County Department of Arts and Culture, the Community Impact Arts Grant (CIAG) program recognizes the value of arts and culture as a vital tool for cross-sector and civic problem solving across a range of issue areas. The program supports arts projects and programming taking place at nonprofit social service and social justice organizations, in municipal departments of one of the 88 cities in Los Angeles County, or at fiscally sponsored organizations as part of larger missions to provide services to individuals and communities and enables these organizations to deliver a wide variety of cultural services to County residents that support arts and culture throughout the region.

This year, the Department of Arts and Culture received 79 eligible applications for this program. Peer panels reviewed and scored each for a maximum of 100 points. The department awarded 74 organizations with funds in this competitive process. The program supports arts programming at nonprofits and municipalities that often serve low- income individuals, individuals with disabilities, veterans, systems-impacted youth, and other underserved communities.

Different than the department’s longstanding funding for arts nonprofits, CIAG supports arts-based programs at non-arts social service and social justice organizations. It was designed to address two priorities: making arts services available to LA County residents who might not experience them through traditional arts venues and outlets and encouraging integration of the arts in cross-sector work at local nonprofits.

The Summer Concerts in the Park is an annual series of free outdoor concerts in the City of Glendale. Since Summer 2004, the program is a once-a-week consecutive series for local bands and music groups all over LA County to perform set lists that include music from 80s pop, big band swing, Cuban salsa, flamenco rumba and many others. The concerts are free and open to all. Portable tables and chairs are available, as well as additional ADA accommodations requested in advance. Concert attendees are welcomed to bring their own food at the park, and there are also food and dessert truck options available.
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ANALYSIS
Through the 2023 Summer Concerts in the Park, CSP continues to provide quality arts and cultural experiences in Glendale and community-at-large. CSP invites different bands and music groups throughout LA County to perform free, live music in outdoor settings for all to enjoy and experience. This program is funded through Measure S and has previously secured funding through LA County's Free Concerts in Public Sites program.

The Community Impact Arts Grant (CIAG) award secured this year through Los Angeles County Department of Arts and Culture, will help offset the cost of the program to the City.

This summer, CSP hosted nine concerts total, six at Verdugo Park on Wednesday nights and three at City Hall on Thursday nights. Both locations were well attended and enjoyed by the community.

The Summer Concerts in the Park program costs approximately $70,000 and Council appropriated Measure S funds as part of the FY 2023-2024 budget process to fund this program. The grant funds in the amount of $9,200 will offset the Measure S funds allocated for the summer concert series and the savings in the Measure S fund will be redirected to pay for a band performance during the Pacific Community Center 20 th Anniversary event.

STAKEHOLDERS/OUTREACH
The target participants for this program include City employees, Glendale residents, community members and visitors from other cities all over LA County. CSP advertises the concerts through the department website, social media, banners hanging at parks, flyers at counters, City and department newsletters and through GTV6. We have approximately 4,000 guests total each summer.

FISCAL IMPACT
The Summer Concerts in the Park costs $70,064 which was budgeted as part of FY 2023- 2024 budget process through Measure S. The Community Impact Arts Grant (CIAG) funds awarded through Los Angeles County Department of Arts and Culture were not included as a part of the FY 2023-2024 budget, as it was awarded after the budget process. Therefore, staff is requesting to appropriate the $9,200 in grant revenue, which will be used to offset the Measure S funds allocated for the summer concert series. The CIAG funds require a 100% match, in the amount of $9,200 and the Measure S funds, already appropriated, qualify for the match requirement. 24 of 174

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The existing appropriation is outlined below:

Existing Appropriation
Amount Account String Funding Source
$70,064 GL: Various -1070-CSP-8509-P5517 Measure S Fund The appropriation request is outlined below:

Requesting Appropriation
Amount From (Account String) To (Account
String)
Funding
Source
$9,200 GL: 34301-2160-CSP-0020-
P0000
PL: CSP01098AG
GL: 43110-2160-
CSP-0020-P0000
PL: CSP01098AG
Grant Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Because no possibility exists that the activity in question (approval of CIAG funds for the 2023 Summer Concerts in the Park) may have a significant effect on the environment, the activity is not subject to CEQA review under the commonsense exemption set forth in 14 Cal. Code Regs. § 15061(b)(3).

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Accept and appropriate CIAG program funds in the amount of $9,200 from the Los Angeles County Department of Arts and Culture; and authorize the City Manager to execute all agreements, certifications, and documents necessary to accept and implement the funds.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Sevag Garabetian, Community Services Manager
Amirah Limayo, Senior Administrative Analyst
Tereza Aleksanian, Deputy Director of Community Services & Parks 25 of 174

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Approved by:

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

EXHIBITS/ATTACHMENTS

1. Copy of Grant Agreement between City of Glendale and Los Angeles County Department of Arts and Culture
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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 hereby accepts Community Impact Arts Grant (“Grant”) program funds in the amount of $9,200 from the Los Angeles County Department of Arts and Culture for the 2023 Summer Concerts in the Park, and authorizes the City Manager or his designee to execute all agreements, amendments, certifications and documents necessary to accept the Grant, as outline in the Report to Council dated August 22, 2023.

Vote as Follows:

Ayes:

Noes:

Absent:

Abstain:
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28 of 174

B O ARD O F SUP E RVISO R S

CO UNT Y OF LO S ANGE L E S
822 KENNETH HAHN HALL OF ADMINISTRATION/ LOS ANGELES, CALIFORNIA 90012 Telephone (213) 974-4444 / FAX (213) 229-3676

J ANIC E H A H N
Chair, Board of Supervisors
July 11, 2023
D
ear
A
s Chair of the Los Angeles County Board of Supervisors, I am pleased to inform you that the Los Angeles County Department of Arts and Culture has recommended a Community Impact Arts Grant (CIAG) award to ________________________________________________ in the amount of _____________ This grant provides project funding for Fiscal Year 2023-2024 between July 1, 2023, and June 30, 2024.

W
e understand the challenges that our partners face in the years ahead. The County believes in the importance of investing in arts and culture to bring hope, health, and healing to our communities. Thank you for continuing to provide these opportunities for people and communities across Los Angeles County.

T
his year, the Department of Arts and Culture received 79 eligible applications for this program. Peer panels reviewed and scored each for a maximum of 100 points. The department awarded 74 organizations with funds in this competitive process. Your organization received a score of _____.

E
ach peer panel included knowledgeable representatives of the arts community, including artists, nonprofit arts administrators, community leaders, and members of the academic community. As part of the review process, they assessed your organization, programming history, project overview, and management. For panel feedback, email [email protected] to schedule a phone appointment.

G
rantees are eligible to take advantage of the Department of Arts and Culture’s professional development opportunities, including scholarships to attend workshops and local conferences, as well as leadership development programs. Please see our program webpage for more information.

T
he Board of Supervisors recognizes the powerful impact of the arts on the quality of life for residents in Los Angeles County’s 88 cities and approximately 140 unincorporated communities and is pleased to provide support for the vital role your organization plays in this effort, at the intersection of arts and social service and social justice.

I
f you have any questions about the enclosed materials, please contact the Department of Arts and Culture’s Grants staff at the email address listed above.

W
e look forward to hearing about your future success and the impact of this funding in providing critical arts and cultural programming and services in our communities.

Sincerely,
J

ANICE HAHN
Supervisor, Fourth District
County of Los Angeles
Amirah Limayo
City of Glendale
613 E. BROADWAY ROOM 120
GLENDALE, CA 91206
Amirah Limayo
City of Glendale
$_9,200
75 29 of 174

Contract No.

Los
Angeles County Department of Arts and Culture
2023-24 Community Impact Arts Grant Agreement
T
his Agreement ("Agreement") is entered into and effective as of this day ____________ ("Effective Date"), by and between the County of Los Angeles ("County"), a body corporate and politic of the State of California, by and through its Los Angeles County Department of Arts and Culture ("Arts and Culture"), on the one hand, and:

N
ame of Organization (“Grantee”):

A
ddress:

C
ity, State, ZIP:

Los
Angeles County Vendor #:

CO

MMUNITY IMPACT ARTS GRANT PROGRAM
T
he County, through Arts and Culture, provides grants to nonprofit organizations and municipalities in the County to support access to regional arts programming and deliver a wide variety of cultural services to County residents.

G
rantee is a nonprofit 501(c)(3) organization, a municipal department of one of the 88 municipalities in Los Angeles County, or a fiscally sponsored organizations with a Model A comprehensive fiscal sponsorship agreement, with a p rimary mission to provide services other than arts programming and/or services within the County. Grantee delivers services to the residents of the County through the development and presentation of arts programs and services, includ ing but not limited to afterschool programs for youth, film screenings, performances, classes, theatrical and musical productions, festivals, and by engaging the public to allow such organizations to provide arts and culture programming to their constituents.

S
ection 1. AGREEMENT DOCUMENTS
T
his Agreement is comprised of this document, the Standard Terms and Conditions attached here as Exhibit A, and the General Terms and Instructions attached here as Exhibit B. Grantee affirms it has reviewed the entire Agreement, including the attached exhibits, and understands and will comply with the terms and instructions as described.

RT_007074
City of Glendale
613 E. BROADWAY ROOM 120
GLENDALE, CA 91206
50339613
Jul 20, 2023
30 of 174

Community Impact Arts Grant Agreement
Contract No. _____________

Section 2. PURPOSE AND SCOPE OF GRANT
T
he County desires to provide a grant to support Grantee's arts -oriented programming efforts in the County. Specifically, this grant award will be used for the following purposes only ("Project"): To support arts and culture programming and projects.

Section 3. AGREEMENT TERM
T
he term of this Agreement shall commence when executed by all parties hereto, no earlier than July 1, 2023, and shall expire on June 30, 2024.

S
ection 4. MAXIMUM GRANT AMOUNT
T
he maximum grant amount payable by the County to the Grantee under this Agreement shall not exceed:
_________________________________________________ , __________________.

S
ection 5. ADDITIONAL TERMS AND CONDITIONS
A. M
atching Funds. As a condition of this grant award, Grantee shall provide, at a minimum, the amount of matching funds equal to the Grant Amount set forth in Section 4, above, for the purposes of funding the Project. If for any reason Grantee fails to contribute any or all of the required matching funds, the grant award will be reduced in an amount equal to the amount of matching funds Grantee fails to contribute. Grantee must reimburse the County any grant amount forfeited pursuant to this paragraph within ten ( 10) business days of a demand by the County for reimbursement. Grantee will follow those procedures and requirements established in the General Terms and Instructions (Exhibit B) for the acquisition and reporting of matching funds.

B. I
nvoicing. The County will not pay any interest or other charges on any grant allocation. Grantee must submit invoices consistent with those procedures and requirements established in the General Terms and Instructions (Exhibit B) and as described below:
(i
) One (1) invoice included in this Agreement and one (1) Final Report package between July 1, 2023 and June 1, 2024.

C. R
eimbursement and Forfeiture. Any funds allocated by the County to Grantee pursuant to this Agreement which are not used by Grantee in support of the Project must be returned to the County within thirty (30) days of the expiration of the term of this Agreement. Grantee will forfeit any grant funds which remain unused upon the expiration of this Agreement.

D. C
redit/Recognition. Grantees are required to acknowledge the Los Angeles County Board of Supervisors and Arts and Culture on al l materials, websites, RT_007074
$_9,200
nine thousand two hundred dollars
31 of 174

Community Impact Arts Grant Agreement
Contract No. _____________

publications, flyers, marketing materials and announcements (printed or digital) for organizations, projects, programs, or materials funded through the Community Impact Arts Grant Program. This is completed through:

(1) Placement of the Department of Arts and Culture logo and

(2) Use of the following credit line: "This [ORGANIZATION / PROJECT / PROGRAM / PERFORMANCE / EXHIBITION] is supported, in part, by the Los Angeles County Board of Supervisors through the Department of Arts and Culture." The Arts and Culture logos can be downloaded here.

In addition to
the logo and credit line, any printed list of contributors to an organization or program funded by this grant should include the “Los Angeles County Department of Arts and Culture”. Grantees are also encouraged to use the Department of Arts and Culture's handles and hashtags when posting on digital and social media about receiving this CIAG grant and any activities supported by the CIAG program: @LACountyArts #LACountyArts.

E. Terms. Grantee agrees to comply with the terms of this Agreement, including the terms set forth in the attached Exhibits A and B, all applicable local, state and federal laws, and all applicable current and future guidelines issued by Arts and Culture.

F. Certification of Good Standing. Grantee certifies that it is a nonprofit corporation or has a Model A comprehensive fiscal sponsorship agreement with a nonprofit corporation that is in good standing with the California Secretary of State and the California Department of Justice, Office of the Attorney General.

G. Signatures. Grantee represents and warrants that the person or persons executing this Agreement for Grantee is/are authorized agent(s) who have actual authority to bind Grantee to each and every provision of this Agreement, and that all requirements of Grantee have been fulfilled to provide such actual authority.

H. Counterparts. This Agreement may be executed in any number of counterparts, each of which so executed will be deemed to be an original and will together constitute one and the same Agreement. Manual signatures may be provided by facsimile, or digitally scanned and provided by electronic mail. Grantee will maintain on file and, upon the County's request, agrees to provide the County with an original of a signature provided by facsimile or electronic mail. Alternatively, grantee may provide electronic signatures of authorized signors via Adobe Sign.

/

/

/
RT_007074
32 of 174

Community Impact Arts Grant Agreement
Contract No. _____________

IN WITNESS WHEREOF, the County has executed these presents by causing them to be subscribed by the Director of Arts and Culture, and Grantee has caused these presents to be executed by its duly authorized representatives on the date first above written.

CO

UNTY OF LOS ANGELES
By: Date:

Kristin Sakoda, Director
Department of Arts and Culture
G
RANTEE
By: Date:

S ignature Authorizing Official
N
ame:

A
uthorizing/Board Title:

By: Date:

Signature Authorizing Official
N
ame:

B
oard Title:

AP

PROVED AS TO FORM
DAWYN R. HARRISON
County Counsel
B
y: ____________________
Senior Deputy County Counsel
RT_007074
Roubik Golanian (Jul 18, 2023 15:51 PDT)
Roubik Golanian
Jul 18, 2023
Roubik Golanian
City Manager
Rory LoAllen (Jul 18, 2023 15:57 PDT)
Kristin Sakoda (Jul 20, 2023 18:12 PDT)
Kristin Sakoda
Jul 20, 2023
33 of 174

COMMUNITY IMPACT

ARTS GRANT

2023-24 GENERAL TERMS

AND INSTRUCTIONS

EXHIBIT B

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Community Impact Arts Grant Program
Exhibit B - General Terms and Instructions

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WELCOME
On behalf of the Department of Arts and Culture’s (Arts and Culture) Grants and Professional Development division, congratulations on receiving a grant award for the 2023-24 Community Impact Arts Grant ( CIAG) cycle! We are appreciative of your commitment and service to Los Angeles County.

First established in 2015, the CIAG program supports the work of community-based organizations and municipalities to ensure that residents have access to regional arts and culture programming.

The Department of Arts and Culture has found that the municipalities, social service and social justice organizations that are CIAG grantees serve very diverse communities in terms of race and ethnicity, and serve communities where more than a quarter of the population earns less than the federal poverty level. We are proud that this program supports the meaningful role of arts and culture to support a higher quality of life, and aligns with the County of LA Strategic Plan to support violence reduction, enhance social cohesion, increase awareness of supports and services, and improve physical fitness, mental health, and well-being by expanding arts access to communities throughout the region especially in high-need areas.

These General Terms and Instructions contain important information to manage your grant, meet requirements, and receive payment. Please read the entire document thoroughly and visit our website to access up-to-date resources and information about managing your CIAG award. If you have any questions about your grant, please contact grants staff at (213) 202- 5858 or [email protected].

The Department of Arts and Culture is committed to upholding the values of cultural equity and inclusion and r acial equity in our grant programs. We look forward to working with you and thank you for your dedication to community building and service through arts and culture!

Anji Gaspar Milanović
Division Director
Grants and Professional Development

Laura Guerrero Nieto
Grants Program Manager
Grants and Professional Development

COMMUNITY IMPACT ARTS GRANT TEAM
Anji Gaspar Milanović, Division Director, Grants and Professional Development [email protected]

Marah Morris, Assistant Division Director, Grants and Professional Development [email protected]

Laura Guerrero Nieto, Grants Program Manager, Grants and Professional Development [email protected]

*Please note that most correspondence will come from [email protected]

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Community Impact Arts Grant Program
Exhibit B - General Terms and Instructions

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TABLE OF CONTENTS

GRANT PORTAL ....................................................................................................................... 4 REQUIREMENTS FOR GRANTEES .......................................................................................... 4 California Secretary of State – Certificate of Good Standing ................................................ 4 Los Angeles County Vendor Registration ............................................................................... 4 CONTRACT OVERVIEW ............................................................................................................ 4 Grant Period ......................................................................................................... 4 Midpoint Check-In ................................................................................................. 4 Matching Funds .................................................................................................... 4 Signing the Contract ............................................................................................. 5 Adjusted Grant Budget Form……………………………………………………………………5
LOS ANGELES COUNTY CREDIT AND RECOGNITION OF SUPPORT ....................... ………6 Letter of Acknowledgement and Impact to the Los Angeles County Board of Supervisors........................................................................................................... 6 Credit/Recognition ................................................................................................ 6 GRANT PANEL COMMENTS .................................................................................................... 6 INVOICING AND REPORTING .................................................................................................. 7 PROJECT AMENDMENTS ......................................................................................................... 7 CONTACT INFORMATION AND UPDATES ............................................................................. 8 BENEFITS AND OPPORTUNITIES FOR CIAG GRANTEES ..................................................... 8 Professional Development ……………………………………………….…………....8
Program……………………………………………….………………………………....8
CONTACTING GRANTS STAFF ................................................................................................ 9 OPPORTUNITIES AND ANNOUNCEMENTS ............................................................................ 9 LA Culture Net ...................................................................................................... 9 LA VS HATE .............................................................................................................................. 9

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GRANT PORTAL
All 2023-24 CIAG grant requirements , including applications, reports and forms must be completed and submitted using the SurveyMonkey Apply platform https://apply- lacdac.smapply.io/

REQUIREMENTS FOR GRANTEE

The following requirements must be met by your organization prior to contract signing:

California Secretary of State – Certificate of Good Standing Los Angeles County ensures that each grantee organization is registered to do business in California and is in good standing with the California Secretary of State before the grant contract can be fully executed. To verify your organization’s standing with the Secretary of State, visit:
https://bizfileonline.sos.ca.gov/search/business. It is the responsibility of the organization to contact and follow up with the Secretary of State to resolve any issues before the contract is executed.

Los Angeles County Vendor Registration
Grantees must maintain a current vendor number registered with Los Angeles County (County) and be enrolled in direct deposit. To obtain a vendor ID and register with the Vendor Self Service (VSS) Portal, visit http://camisvr.co.la.ca.us/webven/. If you have questions relating to your vendor number, please contact vendor relations at [email protected].

Direct Deposit Registration
Upon registration in VSS, grantees are required to enroll in direct deposit. At any time during the duration of the contract, a grantee may submit a written request for an exemption to this requirement. The Auditor-Controller, in consultation with the contracting department, will decide whether to approve exemption requests. Enrollment information can be found at Vendor Deposit Application (lacounty.gov) P lease follow the “Direct Deposit” instructions listed at https://directdeposit.lacounty.gov/.

CONTRACT OVERVIEW

Grantees must meet all applicable award requirements. If you fail to comply with applicable requirements, your contract may be suspended or terminated, and you may forfeit some or the entirety of the grant award. Grantees can contact Grants Program Manager at any time to discuss the grant funded project and terms of the contract.

Grant Period
The period of this grant is from July 1, 2023 through June 30, 2024. All matching and grant funds must be expended within the grant period. Organizations will be required to report all related expenditures in the final report, due June 1, 2024.

NEW THIS YEAR : Please note that grant disbursements will be issued in November and December.

Matching Funds
Grantees must demonstrate and report matching funds that ensure Los Angeles County grant funds do not exceed fifty percent (50%) of the total cost of the supported project. Please note that the contract provides that y ou may forfeit some or your entire grant award if you do not comply 37 of 174

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with this requirement.

Signing the Contract
Contract signatures are due by August 25, 2023. Per State of California requirements for nonprofit organizations, the grant contract may be executed in one of two ways.

1. Two signatures – the official legal requirement:

Contract must be signed by two distinct members of the organization's board of directors.

Reference the table below to identify which positions are allowed to sign.

Signature 1: Executive board positions President, Vice-President, or Chair Signature 2: Supporting board positions Secretary, Assistant Secretary, Chief Financial Officer, or Treasurer

Examples:

Correct Signatures: A contract signed by the President and the Secretary is acceptable.

Incorrect Signatures: A contract signed by the President and the Vice- President, or by the Secretary and the Chief Financial Officer is NOT acceptable.

– OR –

2. One signature – delegated authority:

The board of directors of your organization may delegate the authority to sign a contract to a single person or position within the organization (e.g., the Executive Director). In such case, you must provide evidence of the person's authority to execute the contract. Such evidence typically takes the form of a resolution adopted by the organization's board of directors, or the articles of incorporation.

Note:

A person may hold more than one position within your organization. For example, an Executive Director may also sit on the board, and may sign contracts using their board title and not their title of Executive Director.

LOS ANGELES COUNTY CREDIT AND RECOGNITION OF SUPPORT

Letter of Acknowledgement and Impact to the Los Angeles County Board of Supervisors Grantees are required to send one letter from your Executive Director, Board Chair or both, thanking the Board of Supervisors for the grant, providing details regarding your CIAG project and its impact in your community.

The letter of acknowledgement and impact must be sent to the Board of Supervisors by no later than June 1, 2024 . It should detail the impact of the grant on your organization as well as the communities served and be sent directly to your Los Angeles County District Supervisor at the email address(es) listed below. To confirm your organization’s District and Supervisor, please visit this website. If your organization serves more than one District, please send letters to each applicable Supervisor.

Copies of the Letter of Acknowledgement and Impact
Copies of letters must also be emailed to Arts and Culture. Send letters to the attention of the Arts Commissioners at the email address listed below. These letters will be reviewed for compliance by grants staff at time of report review and may be shared with the Los Angeles County Arts 38 of 174

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Commission. We also invite you to share the news of your grant and thank the Board of Supervisors on social media using the social media handles provided below.

Email and Social Media Contact information for the LA County Board of Supervisors Supervisorial
District
Supervisor Email Address Social Media Handle
District 1 Hilda Solis [email protected] @HildaSolis District 2 Holly J. Mitchell [email protected] @HollyJMitchell District 3 Lindsey P. Horvath [email protected] @LindseyPHorvath District 4 Janice Hahn [email protected] @SupJaniceHahn District 5 Kathryn Barger [email protected] @SupervisorKathrynBarger Board of Supervisors @LACountyBOS
Department of Arts and Culture [email protected] @LACountyArts #LACountyArts
#CIAGArtsFunding
Credit/Recognition
Grantees are required to acknowledge the Los Angeles County Board of Supervisors and Arts and Culture on all materials, websites, publications, flyers, marketing materials and announcements (printed or digital) for organizations, projects, programs, or mat erials funded through the Community Impact Arts Grant Program. This is completed through:

1. Placement of the Department of Arts and Culture logo and

2. Use of the following credit line: "This [ORGANIZATION / PROJECT / PROGRAM / PERFORMANCE / EXHIBITION] is su pported, in part, by the Los Angeles County Board of Supervisors through the Department of Arts and Culture."

The Arts and Culture logos can be downloaded here. In addition to the logo and credit line, any printed list of contributors to an organization or program funded by this grant should include the “Los Angeles County Department of Arts and Culture”. Grantees are also encouraged to use the Department of Arts and Culture's handles and hashtags when posting on digital and social media about receiving this CIAG grant and any activities supported by the CIAG program:
@LACountyArts #LACountyArts.

GRANT PANEL COMMENTS

Knowledgeable members of the arts and social services communit ies, including artists, arts administrators and social service providers have assessed your organization’s programs and management as part of the CIAG peer review panel process.

Schedule a brief phone appointment to discuss panel feedback by emailing grants staff at [email protected]. To find out more about panel service or to apply to serve as a grants panelist, please visit our website.

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INVOICING AND REPORTING

Required reporting documentation is due no later than June 1, 2024. CIAG contracts run through June 30, 2024 and awards must be expended or incurred by then to comply with grant terms .

Failure to provide all reporting documentation by June 1, 2024 or to expend or incur project expenses by June 30, 2024 will affect your organizations eligibility for future grant cycles.

Please note:
• NEW THIS YEAR: Grant invoices will be included in your contract package and grant disbursements will be issued in November and December.
• G rantees must submit the final report forms and required documentation by June 1, 2024, at the end of the cycle. Failure to submit final report forms and documentation may jeopardize an organization’s eligibility in future grant cycles.
• Submission of the final report forms must be completed via the online grant management system (https://apply-lacdac.smapply.io/). The final report must include the following task items:

Final Report and Requirements

1. Project Expense Report task

2. Community Impact Arts Grant Final Report task:
• Statistics for project participation and reach
• Demographic data
• Details about project outcomes and impact

3. Supplemental Materials task:
• Zip code data of program locations (required)
• Copy of Letter of Acknowledgement and Impact sent to the Board of Supervisors must be uploaded here* (required) Refer to pages 6 for additional information and where to mail your letter of impact.
• Up to two (2) high resolution images (300 dpi, at least 1,000 pixels across) documenting the CIAG funded project that have not submitted in prior applications or reports
• Proof of recognition of the Department of Arts and Culture • A uthorization for use of images. By submitting these images, you authorize the Department of Arts and Culture and by extension LA County to use photos to highlight grantees and promote programs.

4. Certification and Signature task
*IMPORTANT NOTE: All grantees are required to maintain financial records to verify compliance for up to three (3) years after your contract expires. The grantee will compile, maintain and permit access to records as required by applicable regulations, guidelines or other directives. If you are selected for an audit, you must have and submit proof of expenses for review by grants staff upon request.

PROJECT AMENDMENTS

Grant activities and expenses must be consistent with those approved for funding. If changes in the project are necessary, you must:

1. Contact Arts and Culture's grants staff at [email protected] and set up a project amendment phone appointment.
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2. Complete a project amendment form to be provided by Grants and Professional Development staff following the phone appointment.

No project amendment is effective until grantee receives written approval from Arts and Culture.

Until such time as grantee receives such written approval, grantee must carry out its project and incur costs in a manner consistent with the terms and conditions of the original contract.

CONTACT INFORMATION + UPDATES

Grantees must notify the Department of Arts and Culture of changes to their organization’s contacts or other organizational information. A Contact and Change of Information form can be found in the grant management system online at https://apply -lacdac.smapply.io/ . Once logged
in, find and fill out the form and submit it for review by grants staff . Grantee must also notify LA County Vendor Relations s eparately to maintain current information in the vendor system. It is important to note that all checks/payments will be sent to the address registered with LA County Vendor Services.

BENEFITS AND OPPORTUNITIES FOR CIAG GRANTEES
What is the Professional Development Program?
Arts and Culture provides an array of professional development opportunities to organizations that receive grants. They are designed to bolster organizational capacity by providing learning and networking opportunities for the individuals who lead and staff your CIAG funded projects.

Information about the Professional Development (PD) Program can be found on the Professional
Development w ebpage.

Opportunities are advertised in the Professional Development Newsletter. Grantees primary grant contact will receive this newsletter on behalf of the organization. It is the responsibility of this individual to share with all CIAG award-supported staff and cultural workers.

Who Can Attend?
All current CIAG grantee staff, board members or artists working directly on the CIAG funded arts and culture project are eligible to participate in Arts and Culture Professional Development Program offerings.

The following provisions apply:

1. Organizations with budgets less than $5,000,000 may request subsidized classes and scholarships for any members of their staff or board working on the grant funded arts project.

2. Organizations with budgets between $5,000,000 and $15,000,000 should reserve subsidized classes and scholarship opportunities for mid-career and emerging leaders on their staff or artistic ranks working on the grant funded arts project.

3. Organizations with budgets over $15,000,000 should reserve subsidized classes and scholarship opportunities for emerging level staff working on the grant funded arts project.

How Does Arts and Culture Decide on Topics for Convenings? Topics are determined by current strategic priorities (such as the County of LA Strategic Plan ), review of grantee reports and aggregated survey responses from workshops and convenings across all Arts and Culture programs. Sample topics include promising practices in nonprofit management, human resources, artistic documentation, and arts advocacy rules and tools. 41 of 174

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CONTACTING GRANTS STAFF

For questions about your grant , amendments, etc. please contact grants staff at [email protected]. G rantee should contact LA County Vendor Relations to address any issues with and maintain current all vendor information in the LA County vendor system.

The Vendor Relations Unit assists vendors with the registration process, Vendor Self Service activations and other related inquiries.

Office Hours: Monday-Thursday 8:00 am – 5:00 pm
PST
Email: [email protected]
Phone: 323-267-2725

OPPORTUNITIES AND ANNOUNCEMENTS

Stay informed by following us on Instagram, Facebook and Twitter @lacountyarts and receive updates about events and opportunities by signing up for the Arts and Culture monthly newsletter and Professional Development newsletters. We will share scholarship information in the monthly PD Newsletter email blasts, which also share workshop opportunities and information on local conferences. Additional information and instructions on how to sign up for workshops is always available at
lacountyarts.org.

LA Culture Net
Opportunities are also posted on the LA Culture Net listserv. One CIAG contact is required to subscribe and receive these mailings by using this link: https://groups.io/g/laculturenet/join .

LA VS HATE
LA vs Hate is a community-centered creative campaign to encourage and support all residents of the County to unite against, report and resist hate. We encourage you to visit https://www.lavshate.org/ where you will find resources and free artwork intended to be used across social media to unite your community in the effort to recognize, report and resist hate in our county. If you are the victim or witness of a hate incident or hate crime you can report the incident/crime with 211 LA. Your report is confidential and 211 is not affiliated with law enforcement.
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Exhibit A – Standard Terms and Conditions Page 1

EXHIBIT A

STANDARD TERMS AND CONDITIONS

Table of Contents
1 DEFINITIONS .................................................................................................................. 4

1.1 Contract................................................................................................................. 4

1.2 Contractor ............................................................................................................. 4

1.3 Statement of Work ................................................................................................ 4

1.4 Subcontract ........................................................................................................... 4

1.5 Subcontractor ........................................................................................................ 4

1.6 Board of Supervisors (Board) ................................................................................ 4

1.7 County Project Manager........................................................................................ 4

1.8 County Contract Project Monitor ........................................................................... 4

1.9 County Project Director ......................................................................................... 4

1.10 Day(s) ................................................................................................................... 4

1.11 Contractor Project Manager .................................................................................. 4

1.12 Fiscal Year ............................................................................................................ 5 2 STANDARD ARTS AND CULTURE TERMS .................................................................. 5

2.1 Requisite Skills ...................................................................................................... 5

2.2 Patent, Copyright, and Trade Secret Indemnification ............................................ 5 3 STANDARD COUNTY TERMS ....................................................................................... 5

3.1 Compliance with Applicable Law ........................................................................... 5

3.2 Compliance with Civil Rights Laws ........................................................................ 6

3.3 Contractor’s Charitable Activities Compliance ....................................................... 6

3.4 Prohibited Activity. ................................................................................................. 7

3.5 Liquidated Damages ............................................................................................. 7

3.6 Budget Reductions ................................................................................................ 8

3.7 Complaints ............................................................................................................ 8

3.8 County’s Quality Assurance Plan .......................................................................... 8

3.9 Contractor Responsibility and Debarment ............................................................. 9

3.10 Damage to County Facilities, Buildings or Grounds ............................................ 10

3.11 Publicity ............................................................................................................... 11 43 of 174

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3.12 Records ............................................................................................................... 11

3.13 Conflicts of Interest ............................................................................................. 13

3.14 Employment Eligibility Verification ....................................................................... 13

3.15 Independent Contractor Status ........................................................................... 14

3.16 Most Favored Public Entity .................................................................................. 15

3.17 Non-Exclusivity .................................................................................................... 15

3.18 Nondiscrimination and Affirmative Action ............................................................ 15

3.19 Fair Labor Standards .......................................................................................... 16

3.20 Notices ................................................................................................................ 16

3.21 Injury and Illness Prevention Program ................................................................ 17 4 COMPLIANCE WITH COUNTY REQUIREMENTS ....................................................... 17

4.1 Drug Free Workplace Compliance ...................................................................... 17

4.2 Warranty Against Contingent Fees ..................................................................... 17

4.3 Warranty of Compliance with County’s Defaulted Property Tax Reduction Program .............................................................................................................. 17

4.4 Time Off for Voting .............................................................................................. 17

4.5 Compliance with the County’s Jury Service Program .......................................... 17

4.6 Compliance with County’s Zero Tolerance Policy on Human Trafficking ............ 19

4.7 Compliance with the County Policy of Equity ...................................................... 19

4.8 Consideration of Hiring County Employees Targeted for Layoffs or are on a County Re-Employment List ................................................................................ 19

4.9 Contractor’s Warranty of Adherence to County’s Child Support Compliance Program .............................................................................................................. 19

4.10 Consideration of Hiring GAIN-GROW Participants .............................................. 20

4.11 Notice to Employees Regarding the Federal Earned Income Credit ................... 20

4.12 Contractor’s Acknowledgement of County’s Commitment to Safely Surrendered Baby Law ....................................................................................... 20

4.13 Recycled Bond Paper ......................................................................................... 21 5 INDEMNIFICATION AND INSURANCE ........................................................................ 21

5.1 Indemnification .................................................................................................... 21

5.2 General Provisions for all Insurance Coverage ................................................... 21

5.3 Insurance Coverage ............................................................................................ 24 6 UNIQUE TERMS AND CONDITIONS ........................................................................... 25

6.1 Local Small Business Enterprise (LSBE) Preference Program ........................... 25 44 of 174

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6.2 Social Enterprise (SE) Preference Program ........................................................ 26

6.3 Disabled Veteran Business Enterprise (DVBE) Preference Program .................. 26 7 STANDARD CONTRACT TERMS ................................................................................ 27

7.1 Force Majeure ..................................................................................................... 27 8 Termination .................................................................................................................. 28

8.1 Termination for Breach of Warranty to Maintain Compliance with County’s Child Support Compliance Program .................................................................... 28

8.2 Termination for Convenience .............................................................................. 28

8.3 Termination for Default ........................................................................................ 28

8.4 Termination for Improper Consideration .............................................................. 29

8.5 Termination for Insolvency .................................................................................. 30

8.6 Termination for Non-Adherence of County Lobbyist Ordinance .......................... 30

8.7 Termination for Non-Appropriation of Funds ....................................................... 30

8.8 Termination for Breach of Warranty to Maintain Compliance with County’s Defaulted Property Tax Reduction Program........................................................ 31

8.9 Waiver ................................................................................................................. 31

8.10 Amendments ....................................................................................................... 31

8.11 Assignment and Delegation/Mergers or Acquisitions .......................................... 31

8.12 Subcontracting .................................................................................................... 32

8.13 Governing Law, Jurisdiction, and Venue ............................................................. 33

8.14 Validity ................................................................................................................ 33

8.15 Interpretation ....................................................................................................... 33

8.16 Authorization Warranty ........................................................................................ 33

8.17 Entire Agreement ................................................................................................ 33

8.18 Counterparts and Electronic Signatures and Representations ............................ 33 9 Survival ......................................................................................................................... 33

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Exhibit A – Standard Terms and Conditions Page 4
1 DEFINITIONS

1.1 Contract
This agreement executed between County and Contractor. Included are all supplemental agreements amending or extending the service to be performed. The Contract sets forth the terms and conditions for the issuance and performance of all tasks, deliverables, services and other work.

1.2 Contractor
The person or persons, sole proprietor, partnership, joint venture, corporation or other legal entity who has entered into an agreement with the County to perform or execute the work covered by this contract.

1.3 Statement of Work
The directions, provisions, and requirements provided herein and special provisions pertaining to the method, frequency, manner and place of performing the contract services.

1.4 Subcontract
An agreement by the contractor to employ a subcontractor to provide services to fulfill this contract.

1.5 Subcontractor
Any individual, person or persons, sole proprietor, firm, partnership, joint venture, corporation, or other legal entity furnishing supplies, services of any nature, equipment, and/or materials to contractor in furtherance of contractor's performance of this contract, at any tier, under oral or written agreement.

1.6 Board of Supervisors (Board)
The Board of Supervisors of the County of Los Angeles acting as governing body.

1.7 County Project Manager
Person designated by County’s Project Director to manage the operations under this contract.

1.8 County Contract Project Monitor
Person with responsibility to oversee the day -to-day activities of this contract.

Responsibility for inspections of any and all tasks, deliverables, goods, services and other work provided by the contractor.

1.9 County Project Director
Person designated by County with authority for County on contractual or administrative matters relating to this contract that cannot be resolved by the County’s Project Manager.

1.10 Day(s)
Calendar day(s) unless otherwise specified.

1.11 Contractor Project Manager
The person designated by the Contractor to administer the Contract operations under this Contract.
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1.12 Fiscal Year
The twelve (12) month period beginning July 1st and ending the following June 30th. 2 STANDARD ARTS AND CULTURE TERMS

2.1 Requisite Skills
The Contractor represents and warrants to the County, and County r elies on such representation and warranty, that the Contractor (including its employees and agents) has the necessary skills, competence and expertise to fully and completely perform the specialized services called for under this Agreement. The County and the Contractor understand and agree that the Contractor is responsible for the means and methods of performing these specialized services and accomplishing the results, deliverables, objectives and/or purposes specified and/or requested by the County pursuant to this Agreement.

2.2 Patent, Copyright, and Trade Secret Indemnification

2.2.1 The Contractor shall indemnify, hold harmless and defend County from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorneys' fees, for or by reason of any actual or alleged infringement of any third party's patent or copyright, or any actual or alleged unauthorized trade secret disclosure, arising from or related to the operation and utilization of the Contractor’s work under this Contract. County shall inform the Contractor as soon as practicable of any claim or action alleging such infringement or unauthorized disclosure and shall support the Contractor’s defense and settlement thereof.

2.2.2 In the event any equipment, part thereof, or software product becomes the subject of any complaint, claim, or proceeding alleging infringement or unauthorized disclosure, such that County’s continued use of such item is formally restrained, enjoined, or subjected to a risk of damages, the Contractor, at its sole expense, and providing that County’s continued use of the system is not materially impeded, shall either:

2.2.2.1 Procure for County all rights to continued use of the questioned equipment, part, or software product; or

2.2.2.2 Replace the questioned equipment, part, or software product with a non-questioned item; or

2.2.2.3 Modify the questioned equipment, part, or software so that it is free of claims.

2.2.2.4 The Contractor shall have no liability if the alleged infringement or unauthorized disclosure is based upon a use of the questioned product, either alone or in combination with other items not supplied by the Contractor, in a manner for which the questioned product was not designed nor intended.
3 STANDARD COUNTY TERMS

3.1 Compliance with Applicable Law

3.1.1 In the performance of this Contract, contractor must comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, directives, 47 of 174

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guidelines, policies and procedures, and all provisions required thereby to be included in this Contract are hereby incorporated herein by reference.

3.1.2 Contractor must indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting or professional fees, arising from, connected with, or related to any failure by contractor, its officers, employees, agents, or subcontractors, to comply with any such laws, rules, regulations, ordinances, directives, guidelines, policies, or procedures, as determined by County in its sole judgment. Any legal defense pursuant to contractor’s indemnification obligations under Paragraph 8.6 (Compliance with Applicable Law) will be conducted by contractor and performed by counsel selected by contractor and approved by County.

Notwithstanding the preceding sentence, County will have the right to participate in any such defense at its sole cost and expense, except that in the event contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County will be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from contractor for all such costs and expenses incurred by County in doing so. Contractor will not have the right to enter into any settlement, agree to any injunction or other equitable relief, or make any admission, in each case, on behalf of County without County’s prior written approval.

3.2 Compliance with Civil Rights Laws
The contractor hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person will, on the grounds of race, creed, color, sex, religion, ancestry, age, condition of physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contr act.

Additionally, contractor certifies to the County:

3.2.1 That contractor has a written policy statement prohibiting discrimination in all phases of employment.

3.2.2 That contractor periodically conducts a self-analysis or utilization analysis of its work force.

3.2.3 That Contractor has a system for determining if its employment practices are discriminatory against protected groups.

3.2.4 Where problem areas are identified in employment practices, the Contractor has a system for taking reasonable corrective action, to include establishment of goals or timetables.

3.3 Contractor’s Charitable Activities Compliance
The Supervision of Trustees and Fundraisers for Charitable Purposes Act regulates entities receiving or raising charitable contributions. The “Nonprofit Integrity Act of 2 004” (SB 1262, Chapter 919) increased Charitable Purposes Act requirements. By requiring Contractors to complete Exhibit J (Charitable Contributions Certification), the County seeks to ensure that all County contractors which receive or raise charitable contributions comply with California law in order to protect the County and its taxpayers. A Contractor 48 of 174

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which receives or raises charitable contributions without complying with its obligations under California law commits a material breach subjecting it to either contract termination or debarment proceedings or both. (County Code Chapter 2.202 )

3.4 Prohibited Activity.

To the extent applicable, the Contractor represents and warrants that it will not engage in or permit any religious proselytizing or political propagandizing in connection with the performance of this Agreement. The Contractor agrees to comply with the provision of the federal Hatch Act and with Section 675e of Subtitle B of Title VI of Public Law 101-121 (31 USC § 1352) which prohibits use of federal funds to influence the award of federal contracts or grants.

3.5 Liquidated Damages

3.5.1 If, in the judgment of the Department Head, or his/her designee, the contractor is deemed to be non-compliant with the terms and obligations assumed hereby, the Department Head, or his/her designee, at his/her option, in addition to, or in lieu of, other remedies provided herein, may withhold the entire monthly payment or deduct pro rata from the contractor’s invoice for work not performed. A description of the work not performed and the amount to be withheld or deducted from payments to the contractor from the County, will be forwarded to the contractor by the Department Head, or his/her designee, in a written notice describing the reasons for said action.

3.5.2 If the Department Head, or his/her designee, determines that there are deficiencies in the performance of this Contract that the Department Head, or his/her designee, deems are correctable by the contractor over a certain time span, the Department Head, or his/her designee, will provide a written notice to the contractor to correct the deficiency within specified time frames. Should the contractor fail to correct deficiencies within said time frame, the Department Head, or his/her designee, may: (a) Deduct from the contractor’s payment, pro rata, those applicable portions of the Monthly Contract Sum; and/or (b) Deduct liquidated damages. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the contractor to correct a deficiency within the specified time frame. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is $100 per day per infraction, or as specified in Attachment 2 (Performance Requirements Summary (PRS)) Chart of Exhibit A (Statement of Work and Attachments) hereunder, and that the contractor will be liable to the County for liquidated damages in said amount. Said amount will be deducted from the County’s payment to the contractor; and/or (c) Upon giving five (5) days notice to the contractor for failure to correct the deficiencies, the County may correct any and all deficiencies and the total costs incurred by the County for completion of the work by an alternate source, whether it be County forces or separate private contractor, will be deducted and forfeited from the payment to the contractor from the County, as determined by the County.

3.5.3 The action noted in Paragraph 8.26.2 must not be construed as a penalty, but as adjustment of payment to the contractor to recover the County cost due to the failure of the contractor to complete or comply with the provisions of this Contract.

3.5.4 This Paragraph must not, in any manner, restrict or limit the County’s right to damages for any breach of this Contract provided by law or as specified in the 49 of 174

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PRS or Paragraph 8.26.2, and must not, in any manner, restrict or limit the County’s right to terminate this Contract as agreed to herein.

3.6 Budget Reductions
In the event that the County’s Board of Supervisors adopts, in any fiscal year, a County Budget which provides for reductions in the salaries and benefits paid to the majority of County employees and imposes similar reductions with respect to County contracts, the County reserves the right to reduce its payment obligation under this Contract correspondingly for that fiscal year and any subsequent fiscal year during the term of this Contract (including any extensions), and the services to be provided by the contractor under this Contract will also be reduced correspondingly. The County’s notice to the contractor regarding said reduction in payment obligation will be provided within thirty (30) calendar days of the Board’s approval of such actions. Except as set forth in the preceding sentence, the contractor must continue to provide all the services set forth in this Contract.

3.7 Complaints
The contractor must develop, mai ntain, and operate procedures for receiving, investigating and responding to complaints.

3.7.1 Complaint Procedures

3.7.1.1 Within 10 (ten) business days after the Contract effective date, the contractor must provide the County with the contractor’s policy for receiving, investigating and responding to user complaints.

3.7.1.2 The County will review the contractor’s policy and provide the contractor with approval of said plan or with requested changes.

3.7.1.3 If the County requests changes in the contractor’s policy, the contractor must make such changes and resubmit the plan within 10 (ten) business days for County approval.

3.7.1.4 If, at any time, the contractor wishes to change the contractor’s policy, the contractor must submit proposed changes to the County for approval before implementation.

3.7.1.5 The contractor must preliminarily investigate all complaints and notify the County’s Project Manager of the status of the investigation within 10 (ten) business days of receiving the complaint.

3.7.1.6 When complaints cannot be resolved informally, a system of follow- through will be instituted which adheres to formal plans for specific actions and strict time deadlines.

3.7.1.7 Copies of all written responses must be sent to the County’s Project Manager within 10 (ten) business days of mailing to the complainant.

3.8 County’s Quality Assurance Plan
The County or its agent(s) will monitor the contractor’s performance under this Contract on not less than an annual basis. Such monitoring will include assessing the contractor’s compliance with all Contract terms and conditions and performance standards. Contractor deficiencies which the County determines are significant or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the Board of 50 of 174

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Supervisors and listed in the appropriate contractor performance database. The report to the Board will include improvement/corrective action measures taken by the County and the contractor. If improvement does not occur consistent with the corrective action measures, the County may terminate this Contract or impose other penalties as specified in this Contract.

3.9 Contractor Responsibility and Debarment

3.9.1 Responsible Contractor
A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the County’s policy to conduct business only with responsible contractors.

3.9.2 Chapter 2.202 of the County Code
The contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the contractor is not responsible, the County may, in addition to other remedies provided in the Contract, debar the contractor from bidding or proposing on, or being awarded, and/or performing work on County contracts for a specified period of time, which generally will not exceed five (5) years but may exceed five (5) years or be permanent if warranted by the circumstances, and terminate any or all existing contracts the contractor may have with the County.

3.9.3 Non-responsible contractor
The County may debar a contractor if it finds, in its discretion, that the contractor has done any of the following: 1) violated a term of a contract with the County or a nonprofit corporation created by the County, 2) committed an act or omission which negatively reflects on the contractor’s quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same, 3) committed an act or offense which indicates a lack of business integrity or business honesty, or 4) made or submitted a false claim against the County or any other public entity.

3.9.4 Contractor Hearing Board

3.9.4.1 If there is evidence that the contractor may be subject to debarment, the Department will notify the contractor in writing of the evidence which is the basis for the proposed debarment and will advise the contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.

3.9.4.2 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The c ontractor and/or the contractor’s representative will be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board will prepare a tentative proposed decision, which will contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. The contractor and the Department will be provided an 51 of 174

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opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors.

3.9.4.3 After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board will be presented to the Board of Supervisors. The Board of Supervisors will have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.

3.9.4.4 If a contractor has been debarred for a period longer than five (5) years, that contractor may after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the contractor has adequately demonstrated one or more of the following: 1) elimination of the grounds for which the debarment was imposed; 2) a bona fide change in ownership or management; 3) material evidence discovered after debarment was imposed; or 4) any other reason that is in the best interests of the County.

3.9.4.5 The Contractor Hearing Board will consider a request for review of a debarment determination only where 1) the contractor has been debarred for a period longer than five (5) years; 2) the debarment has been in effect for at least five (5) years; and 3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board will conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing will be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing.

3.9.4.6 The Contractor Hearing Board’s proposed decision will contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board will present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors will have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.

3.9.4.7 Subcontractors of Contractor. These terms will also apply to subcontractors of County contractors.

3.10 Damage to County Facilities, Buildings or Grounds

3.10.1 The contractor will repair, or cause to be repaired, at its own cost, any and all damage to County facilities, buildings, or grounds caused by the contractor or employees or agents of the contractor. Such repairs must be made immediately after the contractor has become aware of such damage, but in no event later than thirty (30) days after the occurrence. 52 of 174

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3.10.2 If the contractor fails to make timely repairs, County may make any necessary repairs. All costs incurred by County, as determined by County, for such repairs must be repaid by the contractor by cash payment upon demand.

3.11 Publicity

3.11.1 The contractor must not disclose any details in connection with this Contract to any person or entity except as may be otherwise provided hereunder or required by law. However, in recognizing the contractor’s need to identify its services and related clients to sustain itself, the County will not inhibit the contractor from publishing its role under this Contract within the following conditions:

3.11.1.1 The contractor must develop all publicity material in a professional manner; and

3.11.1.2 During the term of this Contract, the contractor will not, and will not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County without the prior written consent of the County’s Project Director. The County will not unreasonably withhold written consent.

3.11.1.3 The contractor may, without the prior written consent of County, indicate in its proposals and sales materials that it has been awarded this Contract with the County of Los Angeles, provided that the requirements of this Paragraph 8.37 (Publicity) will apply.

3.12 Records

3.12.1 Public Records Act

3.12.1.1 Any documents submitted by the contractor; all information obtained in connection with the County’s right to audit and inspect the contractor’s documents, books, and accounting records pursuant to Paragraph 8.38 (Record Retention and Inspection- Audit Settlement) of this Contract; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, become the exclusive property of the County. All such documents become a matter of public record and will be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq. (Public Records Act) and which are marked “trade secret”, “confidential”, or “proprietary”. The County will not in any way be liable or responsible for the disclosure of any such records inc luding, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.

3.12.1.2 In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the contractor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.
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3.12.2 Record Retention and Inspection-Audit Settlement

3.12.2.1 The contractor must maintain accurate and complete financial records of its activities and operations relating to this Contract in accordance with generally accepted accounting principles. The contractor must also maintain accurate and complete employment and other records relating to its performance of this Contract. The contractor agrees that the County, or its authorized representatives, will have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, or record relating to this Contract. All such material, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, timecards, sign-in/sign- out sheets and other time and employment records, and proprietary data and information, will be kept and maintained by the contractor and will be made available to the County during the term of this Contract and for a period of five (5) years thereafter unless the County’s written permission is given to dispose of any such material prior to such time. All such material must be maintained by the contractor at a location in Los Angeles County, provided that if any such material is located outside Los Angeles County, then, at the County’s option, the contractor will pay the County for travel, per diem, and other costs incurred by the County to examine, audit, excerpt, copy, or transcribe such material at such other location.

3.12.2.2 In the event that an audit of the contractor is conducted specifically regarding this Contract by any Federal or State auditor, or by any auditor or accountant employed by the contractor or otherwise, then the contractor must file a copy of such audit report with the County’s Auditor Controller within thirty (30) days of the contractor’s receipt thereof, unless otherwise provided by applicable Federal or State law or under this Contract. Subject to applicable law, the County will make a reasonable effort to maintain the confidentiality of such audit report(s) 8.38.3. Failure on the part of the contractor to comply with any of the provisions of this subparagraph 8.38 will constitute a material breach of this Contract upon which the County may terminate or suspend this Contract.

3.12.2.3 If, at any time during the term of this Contract or within five (5) years after the expiration or termination of this Contract, representatives of the County conduct an audit of the contractor regarding the work performed under this Contract, and if such audit finds that the County’s dollar liability for any such work is less than payments made by the County to the contractor, then the difference must be either: a) repaid by the contractor to the County by cash payment upon demand or b) at the sole option of the County’s Auditor - Controller, deducted from any amounts due to the contractor from the County, whether under this Contract or otherwise. If such audit finds that the County’s dollar liability for such work is more than the payments made by the County to the contractor, then the difference will be paid to the contractor by the County by cash payment, provided that in no event will the County’s maximum obligation for 54 of 174

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this Contract exceed the funds appropriated by the County for the purpose of this Contract.

3.13 Conflicts of Interest

3.13.1 Conflict of Interest

3.13.1.1 No County employee whose position with the County enables such employee to influence the award of this Contract or any competing Contract, and no spouse or economic dependent of such employee, will be employed in any capacity by the contractor or have any other direct or indirect financial interest in this Contract. No officer or employee of the contractor who may financially benefit from the performance of work hereunder will in any way participate in the County’s approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence the County’s approval or ongoing evaluation of such work.

3.13.1.2 The contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Contract. The contractor warrants that it is not now aware of any facts that create a conflict of interest. If the contractor hereafter becomes aware of any facts that mi ght reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the County.

Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Contract.

3.13.2 Prohibition Against Inducement or Persuasion
Notwithstanding the above, the contractor and the County agree that, during the term of this Contract and for a period of one year thereafter, neither party will in any way intentionally induce or persuade any employee of one party to become an employee or agent of the other party. No bar exists against any hiring action initiated through a public announcement.

3.13.3 Prohibition from Participation in Future Solicitation(s) A Proposer, or a Contractor or its subsidiary or Subcontractor ("Proposer/Contractor"), is prohibited from submitting a bid or proposal in a County solicitation if the Proposer/Contractor has provided advice or consultation for the solicitation. A Proposer/Contractor is also prohibited from submitting a bid or proposal in a County solicitation if the Proposer/Contractor has developed or prepared any of the solicitation materials on behalf of the County. A violation of this provision will result in the disqualification of the Contractor/Proposer from participation in the County solicitation or the termination or cancellation of any resultant County contract. This provision will survive the expiration, or other termination of this Agreement.

3.14 Employment Eligibility Verification

3.14.1 The contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien 55 of 174

Exhibit A – Standard Terms and Conditions Page 14
status requirements set forth in Federal and State statutes and regulations.

The contractor must obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, (P.L. 99-603), or as they currently exist and as they may be hereafter amended. The contractor must retain all such documentation for all covered employees for the period prescribed by law.

3.14.2 The contractor must indemnify, defend, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

3.15 Independent Contractor Status

3.15.1 This Contract is by and between the County and the contractor and is not intended, and must not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the contractor. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. Except as otherwise expressly provided in the Agreement, Contractor has no power or authority to bind the County to any obligations, agreements, or contracts.

3.15.2 The contractor will be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Contract all compensation and benefits. The County will have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the contractor.

3.15.3 The contractor understands and agrees that all persons performing work pursuant to this Contract are, for purposes of Workers' Compensation liability, solely employees of the contractor and not employees of the County. The contractor will be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the contractor pursuant to this Contract.

3.15.4 Use of the County seal or other County identifier requires prior written approval of the County Chief Administrative Officer or his or her designee. IMPROPER

USE OF THE COUNTY SEAL OR OTHER IDENTIFIER SHALL BE

REFERRED TO THE COUNTY DISTRICT ATTORNEY OR OTHER

APPROPRIATE PROSECUTORIAL AGENCY FOR INVESTIGATION AND
PROSECUTION TO THE FULL EXTENT PERMITTED BY LAW. To the extent such material includes the County seal or other identifier, such material shall be distinguishable from County materials and expressly and clearly indicate that Contractor is an independent contractor or consultant.

The contractor must adhere to the provisions stated in Paragraph 7.6 (Confidentiality).
56 of 174

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3.16 Most Favored Public Entity
If the contractor’s prices decline or should the contractor at any time during the term of this Contract provide the same goods or services under similar quantity and delivery conditions to the State of California or any county, municipality, or district of the State at prices below those set forth in this Contract, then such lower prices must be immediately extended to the County.

3.17 Non-Exclusivity
Nothing herein is intended nor will be construed as creating any exclusive arrangement with the contractor. This Contract will not restrict County from acquiring similar, equal or like goods and/or services from other entities or sources.

3.18 Nondiscrimination and Affirmative Action

3.18.1 The contractor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations.

3.18.2 Contractor certifies to the County each of the following:

3.18.2.1 That contractor has a written policy statement prohibiting discrimination in all phases of employment.

3.18.2.2 That contractor periodically conducts a self-analysis or utilization analysis of its work force.

3.18.2.3 That Contractor has a system for determining if its employment practices are discriminatory against protected groups.

3.18.2.4 Where problem areas are identified in employment practices, the Contractor has a system for taking reasonable corrective action, to include establishment of goals or timetables.

3.18.3 The contractor must take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -discrimination laws and regulations. Such action must include, but is not limited to: employment, upgradi ng, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

3.18.4 The contractor certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation.

3.18.5 The contractor certifies and agrees that it, its affiliates, subsidiaries, or holding companies will comply with all applicable Federal and State laws and regulations to the end that no person will, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits 57 of 174

Exhibit A – Standard Terms and Conditions Page 16
of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract.

3.18.6 The contractor will allow County representatives access to the contractor’s employment records during regular business hours to verify compliance with the provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) when so requested by the County.

3.18.7 If the County finds that any provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) have been violated, such violation will constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. While the County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that the contractor has violated Federal, or State anti- discrimination laws or regulations will constitute a finding by the County that the contractor has violated the anti-discrimination provisions of this Contract.

3.18.8 The parties agree that in the event the contractor violates any of the anti - discrimination provisions of this Contract, the County will, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

3.19 Fair Labor Standards
The contractor must comply with all applicable provisions of the Federal Fair Labor Standards Act and must indemnify, defend, and hold harmless the County and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the contractor’s employees for which the County may be found jointly or solely liable.

3.20 Notices
All notices or demands required or permitted to be given or made under this Contract must be in writing and will be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, or emailed addressed to the parties as identified in Exhibits D (County’s Administration) and E (Contractor’s Administration).

Addresses may be changed by either party giving ten (10) days prior written notice thereof to the other party. The Department Director, or his/her designee will have the authority to issue all notices or demands required or permitted by the County under this Contract.

3.20.1 Notice of Delays
Except as otherwise provided under this Contract, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party must, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party.

3.20.2 Notice of Disputes
The contractor must bring to the attention of the County’s Project Manager and/or County’s Project Director any dispute between the County and the 58 of 174

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contractor regarding the performance of services as stated in this Contract. If the County’s Project Manager or County’s Project Director is not able to resolve the dispute, the Department Director (Department Head), or designee will resolve it.

3.21 Injury and Illness Prevention Program
Contractor will be required to comply with the State of California’s Cal OSHA’s regulations.

California Code of Regulations Title 8 Section 3203 requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addre sses hazards pertaining to the particular workplace covered by the program. 4 COMPLIANCE WITH COUNTY REQUIREMENTS

4.1 Drug Free Workplace Compliance
The Contractor hereby warrants and certifies that it shall comply with Board Policy 9.050 and the California Drug-Free Workplace Act of 1990 (Cal. Gov. Code § 8350 et seq.), as amended, including provision of the requisite certification as set forth therein; and the federal Drug-Free Workplace Act of 1988, including its implementing regulations (29 CFR Part 98 commencing with §98.600), as applicable.

4.2 Warranty Against Contingent Fees

4.2.1 The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business.

4.2.2 For breach of this warranty, the County will have the right to terminate this Contract and, at its sole discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

4.3 Warranty of Compliance with County’s Defaulted Property Tax Reduction Program Contractor acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers.

Unless contractor qualifies for an exemption or exclusion, contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this contract will maintain compliance, with Los Angeles County Code Chapter 2.206 .

4.4 Time Off for Voting
The contractor must notify its employees and must require each subcontractor to notify and provide to its employees, information regarding the time off for voting law ( Elections
Code Section 14000). Not less than ten (10) days before every statewide election, every contractor and subcontractors must keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of
Section 14000.

4.5 Compliance with the County’s Jury Service Program

4.5.1 Jury Service Program
59 of 174

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This Contract is subject to the provisions of the County’s ordinance entitled Contractor Employee Jury Service (“Jury Service Program”) as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code .

4.5.2 Written Employee Jury Service Policy

4.5.2.1 Unless the contractor has demonstrated to the County’s satisfaction either that the contractor is not a “contractor” as defined under the Jury Service Program (Section 2.203.020 of the County Code ) or
that the contractor qualifies for an exception to the Jury Service Program (
Section 2.203.070 of the County Code ), the contractor
must have and adhere to a written policy that provides that its Employees will receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that Employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the Employee’s regular pay the fees received for jury service.

4.5.2.2 For purposes of this paragraph, “contractor” means a person, partnership, corporation or other entity which has a contract w ith the County or a subcontract with a County contractor and has received or will receive an aggregate sum of fifty thousand dollars ($50,000) or more in any twelve (12) month period under one or more County contracts or subcontracts. “Employee” means any California resident who is a full -time employee of the contractor. “Full-time” means forty (40) hours or more worked per week, or a lesser number of hours if: 1) the lesser number is a recognized industry standard as determined by the County, or 2) contractor has a long-standing practice that defines the lesser number of hours as full-time. Full -time employees providing short-term, temporary services of ninety (90) days or less within a twelve (12) month period are not considered full-time for purposes of the Jury Service Program. If the contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor will also be subject to the provisions of this paragraph. The provisions of this paragraph will be inserted into any such subcontract agreement and a copy of the Jury Service Program must be attached to the agreement.

4.5.2.3 If the contractor is not required to comply with the Jury Service Program when the Contract commences, the contractor will have a continuing obligation to review the applicability of its “exception status” from the Jury Service Program, and the contractor must immediately notify the County if the contractor at any time either comes within the Jury Service Program’s definition of “contractor” or if the contractor no longer qualifies for an exception to the Jury Service Program. In either event, the contractor must immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sole discretion, that the contractor demonstrate, to the County’s satisfaction that the contractor either continues to remain outside of the Jury Service Program’s definition of “contractor” and/or that the contractor continues to qualify for an exception to the Program.
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4.5.2.4 Contractor’s violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar the contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach.

4.6 Compliance with County’s Zero Tolerance Policy on Human Trafficking Contractor acknowledges that the County has established a Zero Tolerance Policy on Human Trafficking prohibiting contractors from engaging in human trafficking.

If a Contractor or member of Contractor’s staff is convicted of a human trafficking offense, the County will require that the Contractor or member of Contractor’s staff be removed immediately from performing services under the Contract. County will not be under any obligation to disclose confidential information regarding the offenses other than those required by law.

Disqualification of any member of Contractor’s staff pursuant to this paragraph will not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract.

4.7 Compliance with the County Policy of Equity
The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE) (https://ceop.lacounty.gov/
). The contractor further acknowledges
that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability.

4.8 Consideration of Hiring County Employees Targeted for Layoffs or are on a County Re-Employment List
Should the contractor require additional or replacement personnel after the effective date of this Contract to perform the services set forth herein, the contractor must give first consideration for such employment openings to qualified, permanent County employees who are targeted for layoff or qualified, former County employees who are on a re- employment list during the life of this Contract.

4.9 Contractor’s Warranty of Adherence to County’s Child Support Compliance Program

4.9.1 The contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contracts are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.

4.9.2 As required by the County’s Child Support Compliance Program (County Code Chapter 2.200) and without limiting the contractor’s duty under this Contract to comply with all applicable provisions of law, the contractor warrants that it is 61 of 174

Exhibit A – Standard Terms and Conditions Page 20
now in compliance and will during the term of this Contract, maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and will implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).

4.10 Consideration of Hiring GAIN-GROW Participants

4.10.1 Should the contractor require additional or replacement personnel after the effective date of this Contract, the contractor will give consideration for any such employment openings to participants in the County ’s Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the contractor’s minimum qualifications for the open position. For this purpose, consideration will mean that the contractor will interview qualified candidates.

The County will refer GAIN -GROW participants by job category to the contractor. Contractors must report all job openings with job requirements to:

[email protected]
and
[email protected] and DPSS will refer qualified GAIN/GROW job candidates.

4.10.2 In the event that both laid-off County employees and GAIN/GROW participants are available for hiring, County employees must be given first priority.

4.11 Notice to Employees Regarding the Federal Earned Income Credit The contractor must notify its employees, and will require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015.

4.12 Contractor’s Acknowledgement of County’s Commitment to Safely Surrendered Baby Law
The contractor acknowledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. The contractor understands that it is the County’s policy to encourage all County contractors to voluntarily post the County’s poster in a prominent position at the contractor’s place of business. The contractor will also encourage its subcontractors, if any, to post the poster in a prominent position in the subcontractor’s place of business. Information and posters for printing are available at https://lacounty.gov/residents/family-services/child-safety/safe-surrender/ .

4.12.1 Notice to Employees Regarding the Safely Surrendered Baby Law The contractor must notify and provide to its employees, and will require each subcontractor to notify and provide to its employees, information regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The information is set forth in Exhibit G (Safely Surrendered Baby Law) of this Contract. Additional information is available at
https://lacounty.gov/residents/family-services/child-
safety/safe-surrender/.
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4.13 Recycled Bond Paper
Consistent with the Board of Supervisors’ policy to reduce the amount of solid waste deposited at the County landfills, the contractor agrees to use recycled- content paper to the maximum extent possible on this Contract.
5 INDEMNIFICATION AND INSURANCE

5.1 Indemnification
The contractor must indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (County Indemnitees) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County indemnitees.

5.2 General Provisions for all Insurance Coverage

5.2.1 Without limiting Contractor's indemnification of County, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, Contractor must provide and maintain at its own expense insurance coverage satisfying the requirements specified in Paragraph 7 of this Contract.

These minimum insurance coverage terms, types and limits (the “R equired Insurance”) also are in addition to and separate from any other contractual obligation imposed upon Contractor pursuant to this Contract. The County in no way warrants that the Required Insurance is sufficient to protect the Contractor for liabilities which may arise from or relate to this Contract.

5.2.2 Evidence of Coverage and Notice to County

5.2.2.1 Certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming County and its Agents (defi ned below) has been given Insured status under the Contractor’s General Liability policy, must be delivered to County at the address shown below and provided prior to commencing services under this Contract.

5.2.2.2 Renewal Certificates must be provided to County not less than ten (10) days prior to contractor’s policy expiration dates. The County reserves the right to obtain complete, certified copies of any required contractor and/or sub-contractor insurance policies at any time.

5.2.2.3 Certificates must identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate must match the name of the contractor identified as the contracting party in this Contract. Certificates must provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand dollars ($50,000), and list any County required endorsement forms.
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5.2.2.4 Neither the County’s failure to obtain, nor the County’s receipt of, or failure to object to a non-complying insurance certificate or endorsement, or any other insurance documentation or information provided by the contractor, its insurance broker(s) and/or insurer(s), will be construed as a waiver of any of the Required Insurance provisions.

5.2.2.5 Certificates and copies of any required endorsements must be e- mailed to: [email protected]
or sent to:

County of Los Angeles
Department of Arts and Culture
Name, Position
1055 Wilshire Boulevard, Suite 800
Los Angeles, CA 90017

5.2.2.6 Contractor also must promptly report to County any injury or property damage accident or incident, including any injury to a contractor employee occurring on County property, and any loss, disappearance, destruction, misuse, or theft of County property, monies or securities entrusted to contractor. Contractor also must promptly notify County of any third party claim or suit filed against contractor or any of its subcontractors which arises from or relates to this Contract and could result in the filing of a claim or l awsuit against contractor and/or County.

5.2.3 Additional Insured Status and Scope of Coverage
The County of Los Angeles, it’s Special Districts, Elected Officials, Officers, Agents, employees and volunteers (collectively County and its Agents) must be provided additional insured status under contractor’s General Liability policy with respect to liability arising out of contractor’s ongoing and completed operations performed on behalf of the County. County and its Agents additional insured status must apply with respect to liability and defense of suits arising out of the contractor’s acts or omissions, whether such liability is attributable to the contractor or to the County. The full policy limits and scope of protection also must apply to the County and its Agents as an additional insured, even if they exceed the County’s minimum Required Insurance specifications herein.

Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein.

5.2.4 Cancellation of or Changes in Insurance
Contractor must provide County with, or contractor’s insurance policies must contain a provision that County will receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice must be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the County, upon which the County may suspend or terminate this Contract.

5.2.5 Failure to Maintain Insurance
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Contractor's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance will constitute a material breach of the Contract, upon which County immediately may withhold payments due to contractor, and/or suspend or termi nate this Contract. County, at its sole discretion, may obtain damages from contractor resulting from said breach.

Alternatively, the County may purchase the Required Insurance, and without further notice to contractor, deduct the premium cost from sums du e to contractor or pursue contractor reimbursement.

5.2.6 Insurer Financial Ratings
Coverage must be placed with insurers acceptable to the County with A.M.

Best ratings of not less than A: VII unless otherwise approved by County.

5.2.7 Contractor’s Insurance Must Be Primary
Contractor’s insurance policies, with respect to any claims related to this Contract, must be primary with respect to all other sources of coverage available to contractor. Any County maintained insurance or self-insurance coverage must be in excess of and not contribute to any contractor coverage.

5.2.8 Waivers of Subrogation
To the fullest extent permitted by law, the contractor hereby waives its rights and its insurer(s)’ rights of recovery against County under all the Required Insurance for any loss arising from or relating to this Contract. The contractor must require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.

5.2.9 Subcontractor Insurance Coverage Requirements
Contractor must include all subcontractors as insureds under contractor’s own policies or must provide County with each subcontractor’s separate evidence of insurance coverage. Contractor will be responsible for verifying each subcontractor complies with the Required Insurance provisions herein and must require that each subcontractor name the County and contractor as additional insureds on the subcontractor’s General Liability policy. Contractor must obtain County’s prior review and approval of any subcontractor request for modification of the Required Insurance.

5.2.10 Deductibles and Self-Insured Retentions (SIRs)
Contractor’s policies will not obligate the County to pay any portion of any contractor deductible or SIR. The County retains the right to require contractor to reduce or eliminate policy deductibles and SIRs as respects the County, or to provide a bond guaranteeing contractor’s payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond must be executed by a corporate surety licensed to transact business in the State of California.

5.2.11 Claims Made Coverage
If any part of the Required Insurance is written on a claims made basis, any policy retroactive date will precede the effective date of this Contract.

Contractor understands and agrees it will maintain such coverage for a period of not less than three (3) years following Contract expiration, termination, or cancellation.
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5.2.12 Application of Excess Liability Coverage
Contractors may use a combination of primary, and excess insurance policies which provide coverage as broad as (“follow form” over) the underlying primary policies, to satisfy the Required Insurance provisions.

5.2.13 Separation of Insureds
All liability policies must provide cross -liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations.

5.2.14 Alternative Risk Financing Programs
The County reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements, and captive insurance to satisfy the Required Insurance provisions. The County and its Agents must be designated as an Additional Covered Party under any approved program.

5.2.15 County Review and Approval of Insurance Requirements The County reserves the right to review and adjust the Required Insurance provisions, conditioned upon County’s determination of changes in risk exposures.

5.3 Insurance Coverage

5.3.1 Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County and its Agents as an additional insured, with limits of not less than:

General Aggregate: $2 million
Products/Completed Operations Aggregate: $1 million
Personal and Advertising Injury: $1 million
Each Occurrence: $1 million

5.3.2 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance must cover liability arising out of contractor’s use of autos pursuant to this Contract, including owned, leased, hired, and/or non-owned autos, as each may be applicable.

5.3.3 Workers Compensation and Employers’ Liability insurance or qualified self- insurance satisfying statutory requirements, which includes Employers’ Liability coverage with limits of not less than $1 million per accident. If Contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also must include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer. The written notice must be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. If applicable to Contractor’s operations, coverage also must be 66 of 174

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arranged to satisfy the requirements of any federal workers or workmen’s compensation law or any federal occupational disease law.

5.3.4 Unique Insurance Coverage

5.3.4.1 Sexual Misconduct Liability
For contracts involving Contractor's work with minors, senior citizens, or vulnerable populations, Contractor must also maintain insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million aggregate, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature.
6 UNIQUE TERMS AND CONDITIONS

6.1 Local Small Business Enterprise (LSBE) Preference Program If the Contractor had requested and was granted the Local Small Business Enterprise preference:

6.1.1 This Contract is subject to the provisions of the County’s ordinance entitled LSBE Preference Program, as codified in
Chapter 2.204 of the Los Angeles
County Code.

6.1.2 The Contractor will not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a LSBE.

6.1.3 The Contractor will not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a LSBE.

6.1.4 If the Contractor has obtained certification as a LSBE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwise have been entitled, will:

6.1.4.1 Pay to the County any difference between the contract amount and what the County’s costs would have been if the contract had been properly awarded;

6.1.4.2 In addition to the amount described in subdivision (1), be assessed a penalty in an amount of not more than ten (10) percent of the amount of the contract; and

6.1.4.3 Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code ( Determinations of Contractor Non -responsibility and Contractor Debarment).

The above penalties will also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification and fails to notify the State and the 67 of 174

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Department of Consumer and Business Affairs of this information prior to responding to a solicitation or accepting a contract award.

6.2 Social Enterprise (SE) Preference Program
If the Contractor had requested and was granted the Social Enterprise preference:

6.2.1 This Contract is subject to the provisions of the County’s ordinance entitled SE Preference Program, as codified in
Chapter 2.205 of the Los Angeles County
Code.

6.2.2 Contractor must not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a SE.

6.2.3 Contractor must not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a SE.

6.2.4 If Contractor has obtained County certification as a SE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwise have been entitled, Contractor will:

6.2.4.1 Pay to the County any difference between the contract amount and what the County’s costs would have been if the contract had been properly awarded;

6.2.4.2 In addition to the amount described in subdivision (1) above, the Contractor will be assessed a penalty in an amount of not more than ten percent (10%) of the amount of the contract; and

6.2.4.3 Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code ( Determinations of Contractor Non -responsibility and Contractor Debarment).

The above penalties will also apply to any entity that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the Department of Consumer and Business Affairs of this information prior to responding to a solicitation or accepting a contract award.

6.3 Disabled Veteran Business Enterprise (DVBE) Preference Program If the Contractor had requested and was granted the Local Small Business DVBE preference:

6.3.1 This Contract is subject to the provisions of the County’s ordinance entitled DVBE Preference Program, as codified in
Chapter 2.211 of the Los Angeles
County Code.

6.3.2 Contractor must not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a DVBE. 68 of 174

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6.3.3 Contractor must not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a DVBE.

6.3.4 If Contractor has obtained certification as a DVBE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwise have been entitled, Contractor will:

6.3.4.1 Pay to the County any difference between the contract amount and what the County’s costs would have been if the contract had been properly awarded;

6.3.4.2 In addition to the amount described in subdivision (1) above, the Contractor will be assessed a penalty in an amount of not more than 10 percent of the amount of the contract; and

6.3.4.3 Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code ( Determinations of Contractor Non -responsibility and Contractor Debarment).

6.3.4.4 Notwithstanding any other remedies in this contract, the above penalties will also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for cer tification and fails to notify the State and the Department of Consumer and Business Affairs of this information prior to responding to a solicitation or accepting a contract award.
7 STANDARD CONTRACT TERMS

7.1 Force Majeure

7.1.1 Neither party will be liable for such party's failure to perform its obligations under and in accordance with this Contract, if such failure arises out of fires, floods, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by such party or any of such party's subcontractors), freight embargoes, or other similar events to those described above, but in every such case the failure to perform must be totally beyond the control and without any fault or negligence of such party (such events are referred to in this paragraph as "force majeure events").

7.1.2 Notwithstanding the foregoing, a default by a subcontractor of contractor will not constitute a force majeure event, unless such default arises out of causes beyond the control of both contractor and such subcontractor, and without any fault or negligence of either of them. In such case, contractor will not be liable for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit contractor to meet the required performance schedule. As used in this subparagraph, the term “subcontractor” and “subcontractors” mean subcontractors at any tier.
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7.1.3 In the event contractor's failure to perform arises out of a force majeure event, contractor agrees to use commercially reasonable best efforts to obtain goods or services from other sources, if applicable, and to otherwise mitigate the damages and reduce the delay caused by such force majeure event. 8 Termination

8.1 Termination for Breach of Warranty to Maintain Compliance with County’s Child Support Compliance Program
Failure of the contractor to maintain compliance with the requirements set forth in Paragraph 8.14 (Contractor’s Warranty of Adherence to County’s Child Support Compliance Program) will constitute default under this Contract. Without limiting the rights and remedies available to the County under any other provision of this Contract, failure of the contractor to cure such default within ninety (90) calendar days of written notice will be grounds upon which the County may terminate this Contract pursuant to Paragraph

8.43 (Termination for Default) and pursue debarment of the contractor, pursuant to County
Code Chapter 2.202.

8.2 Termination for Convenience

8.2.1 This Contract may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of work hereunder will be effected by notice of termination to the contractor specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective will be no less than ten (10) days after the notice is sent.

8.2.2 After receipt of a notice of termination and except as otherwise directed by the County, the contractor must:

8.2.2.1 Stop work under this Contract on the date and to the extent specified in such notice, and

8.2.2.2 Complete performance of such part of the work as would not have been terminated by such notice.

8.2.3 All material including books, records, documents, or other evidence bearing on the costs and expenses of the contractor under this Contract must be maintained by the contractor in accordance with Paragraph 8.38 (Record Retention and Inspection-Audit Settlement).

8.3 Termination for Default

8.3.1 The County may, by written notice to the contractor, terminate the whole or any part of this Contract, if, in the judgment of County’s Project Director:

8.3.1.1 Contractor has materially breached this Contract; or

8.3.1.2 Contractor fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required either under this Contract; or

8.3.1.3 Contractor fails to demonstrate a high probability of timely fulfillment of performance requirements under this Contract, or of any obligations of this Contract and in either case, fails to demonstrate 70 of 174

Exhibit A – Standard Terms and Conditions Page 29
convincing progress toward a cure within five (5) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure.

8.3.2 In the event that the County terminates this Contract in whole or in part as provided in Paragraph 8.43.1, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The contractor will be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The contractor will continue the performance of this Contract to the extent not terminated under the provisions of this paragraph.

8.3.3 Except with respect to defaults of any subcontractor, the contractor will not be liable for any such excess costs of the type identified in Paragraph 8.43.2 if its failure to perform this Contract arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include but are not limited to: acts of God or of the public enemy, acts of the County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the contractor and subcontractor, and without the fault or negligence of either of them, the contractor will not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the contractor to meet the required performance schedule. As used in this paragraph, the term "subcontractor(s)" means subcontractor(s) at any tier.

8.3.4 If, after the County has given notice of termination under the provisions of Paragraph 8.43 (Termination for Default) it is determined by the County that the contractor was not in default under the provisions of Paragraph 8.43 (Termination for Default) or that the default was excusable under the provisions of subparagraph 8.43.3, the rights and obligations of the parties will be the same as if the notice of termination had been issued pursuant to Paragraph

8.42 (Termination for Convenience).

8.3.5 The rights and remedies of the County provided in this Paragraph 8.43 (Termination for Default) will not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

8.4 Termination for Improper Consideration

8.4.1 The County may, by written notice to the contractor, immediately terminate the right of the contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by the contractor, either directly or through an intermediary , to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the contractor’s performance pursuant to this Contract. In the event of such termination, the County will be entitled to 71 of 174

Exhibit A – Standard Terms and Conditions Page 30
pursue the same remedies against the contractor as it could pursue in the event of default by the contractor.

8.4.2 The contractor must immediately report any attempt by a County officer or employee to solicit such improper consideration. The report must be made either to the County manager charged with the supervision of the employee or to the County Auditor-Controller's Employee Fraud Hotline at (800) 544-6861.

8.4.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.

8.5 Termination for Insolvency

8.5.1 The County may terminate this Contract forthwith in the event of the occurrence of any of the following:

8.5.1.1 Insolvency of the contractor. The contractor will be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not the contractor is insolvent within the meaning of the Federal Bankruptcy Code;

8.5.1.2 The filing of a voluntary or involuntary petition regarding the contractor under the Federal Bankruptcy Code;

8.5.1.3 The appointment of a Receiver or Trustee for the contractor; or

8.5.1.4 The execution by the contractor of a general assignment for the benefit of creditors.

8.5.2 The rights and remedies of the County provided in this Paragraph 8.45 (Termination for Insolvency) will not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

8.6 Termination for Non-Adherence of County Lobbyist Ordinance The contractor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 r etained by the contractor, must fully comply with the County’s Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the contractor or any County Lobbyist or County Lobbying firm retained by the contractor to fully comply with the County’s Lobbyist Ordinance will constitute a material breach of this Contract, upon which the County may in its sole discretion, immediately terminate or suspend this Contract.

8.7 Termination for Non-Appropriation of Funds
Notwithstanding any other provision of this Contract, the County will not be obligated for the contractor’s performance hereunder or by any provision of this Contract during any of the County’s future fiscal years unless and until the County’s Board of Supervisors appropriates funds for this Contract in the County’s Budget for each such future fiscal year.

In the event that funds are not appropriated for this Contract, then this Contract will terminate as of June 30 of the last fiscal year for which funds were appropriated. The County will notify the contractor in writing of any such non-allocation of funds at the earliest possible date.
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8.8 Termination for Breach of Warranty to Maintain Compliance with County’s Defaulted Property Tax Reduction Program
Failure of contractor to maintain compliance with the requirements set forth in Paragraph

8.51 "Warranty of Compliance with County’s Defaulted Property Tax Reduction Program” will constitute default under this contract. Without limiting the rights and remedies available to County under any other provision of this contract, failure of contractor to cure such default within ten (10) days of notice will be grounds upon which County may terminate this contract and/or pursue debarment of contractor, pursuant to Los Angeles County
Code Chapter 2.206.

8.9 Waiver
No waiver by the County of any breach of any provision of this Contract will constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Contract will not be construed as a waiver thereof. The rights and remedies set forth in this paragraph 8.49 will not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

8.10 Amendments

8.10.1 For any change which affects the scope of work, term, contract sum, payments, or any term or condition included under this Contract, an amendment to the Contract must be prepared and executed by the contractor and by Department Director or his/her designee.

8.10.2 Arts and Culture may require the addition and/or change of certain terms and conditions in the Contract during the term of this Contract as required by the County’s Board of Supervisors or Chief Executive Officer. To implement such changes, an Amendment to the Contract must be prepared and executed by the contractor and by the Department Director or his/her designee.

8.10.3 The Department Director or his/her designee, may at his/her sole discretion, authorize extensions of time as defined in Paragraph 4 (Term of Contract). The contractor agrees that such extensions of time will not change any other term or condition of this Contract during the period of such extensions. To implement an extension of time, an Amendment to the Contract must be prepared and executed by the contractor and by Department Director or his/her designee.

8.11 Assignment and Delegation/Mergers or Acquisitions

8.11.1 The contractor must notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the contractor is restricted from legally notifying the County of pending acquisitions/mergers, then it should notify the County of the actual acquisitions/mergers as soon as the law allows and provide to the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers.

8.11.2 The contractor must not assign, exchange, transfer, or delegate its rights or duties under this Contract, whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment, delegation, or otherwise transfer of its rights or duties, without such consent will be null and void. For purposes of this paragraph, County consent will require a written Amendment to the Contract, which is formally approved and executed by the parties. Any payments by the County to any approved delegate or assignee on 73 of 174

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any claim under this Contract will be deductible, at County’s sole discretion, against the claims, which the contractor may have against the County.

8.11.3 Any assumption, assignment, delegation, or takeover of any of the contractor’s duties, responsibilities, obligations, or performance of same by any person or entity other than the contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County’s express prior written approval, will be a material breach of the Contract which may result in the termination of this Contract. In the event of such termination, County will be entitled to pursue the same remedies against contractor as it could pursue in the event of default by contractor.

8.12 Subcontracting

8.12.1 The requirements of this Contract may not be subcontracted by the contractor without the advance approval of the County. Any attempt by the contractor to subcontract without the prior consent of the County may be deemed a material breach of this Contract.

8.12.2 If the contractor desires to subcontract, the contractor must provide the following information promptly at the County’s request:

8.12.2.1 A description of the work to be performed by the subcontractor.

8.12.2.2 A draft copy of the proposed subcontract; and

8.12.2.3 Other pertinent information and/or certifications requested by the County.

8.12.3 The contractor must indemnify, defend, and hold the County harmless with respect to the activities of each and every subcontractor in the same manner and to the same degree as if such subcontractor(s) were the contractor employees.

8.12.4 The contractor will remain fully responsible for all performances required of it under this Contract, including those that the contractor has determined to subcontract, notwithstanding the County’s approval of the contractor’s proposed subcontract.

8.12.5 The County’s consent to subcontract will not waive the County’s right to prior and continuing approval of any and all personnel, including subcontractor employees, providing services under this Contract. The contractor is responsible to notify its subcontractors of this County right.

8.12.6 The County’s Project Director is authorized to act for and on behalf of the County with respect to approval of any subcontract and subcontractor employees. After approval of the subcontract by the County, contractor must forward a fully executed subcontract to the County for their files.

8.12.7 The contractor will be solely liable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County’s consent to subcontract.

8.12.8 The contractor must obtain certificates of insurance, which establish that the subcontractor maintains all the programs of insurance required by the County from each approved subcontractor. Before any subcontractor employee may 74 of 174

Exhibit A – Standard Terms and Conditions Page 33
perform any work hereunder, contractor must ensure delivery of all such documents to the County Project Manager.

8.13 Governing Law, Jurisdiction, and Venue
This Contract will be governed by, and construed in accordance with, the laws of the State of California. The contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder will be exclusively in the County of Los Angeles.

8.14 Validity
If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances will not be affected thereby.

8.15 Interpretation
No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.

8.16 Authorization Warranty
The contractor represents and warrants that the person executing this Contract for the contractor is an authorized agent who has actual authority to bind the contractor to each and every term, condition, and obligation of this Contract and that all requirements of the contractor have been fulfilled to provide such actual authority.

8.17 Entire Agreement

8.17.1 This Contract constitutes the entire, full , complete and exclusive statement of understanding between the parties which supersede all previous written or oral agreements, and all prior communications between the parties relating to the subject matter of this Contract.

8.17.2 Contractor warrants that he/she has received a copy of this Agreement, including all exhibits thereto, and upon execution of this Agreement, it shall be Contractor’s responsibility to retain on file, and to abide by the entire Contract.

8.18 Counterparts and Electronic Signatures and Representations This Contract may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same Contract. The email or electronic signature of the Parties will be deemed to constitute original signatures, and electronic copies hereof will be deemed to constitute duplicate originals.

The County and the Contractor hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments prepared pursuant to Paragraph 8.1 (Amendments) and received via email or electronic signature, as legally sufficient evidence that such legally binding signatures have been affixed to Amendments to this Contract. 9 Survival
In addition to any terms and conditions of this Agreement that expressly survive expiration or termination of this Agreement by their terms, the following provisions shall survive the expiration or termination of this Agreement for any reason:
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• Paragraph 1.0 (Definitions)
• Paragraph 1.2 (Amendments)
• Paragraph 1.7 (Compliance with Applicable Law)
• Paragraph 1.21 (Force Majeure)
• Paragraph 1.22 (Governing Law, Jurisdiction, and Venue) • Paragraph 1.24 (Indemnification)
• Paragraph 1.25 (General Provisions for all Insurance Coverage) • Paragraph 1.26 (Insurance Coverage)
• Paragraph 1.27 (Liquidated)
• Paragraph 1.37 (Public Records Act)
• Paragraph 1.38 (Publicity)
• Paragraph 1.39 (Record Retention and Inspection-Audit Settlement) • Paragraphs 1.43 through 1.48 (Termination Clauses)
• Paragraph 1.49 (Validity)
• Paragraph 1.50 (waiver)
• Paragraph 1.57 (Future Solicitations)
• Paragraph 2.1 (Patent, Copyright and Trade Secret Indemnification) • Paragraph 3.0 (Survival)

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2023-24 COMMUNITY IMPACT ARTS

GRANT PROGRAM

Invoice # CIAG-FY24
Contract Number:

Date Submitted:

Organization Legal Name:

Address:

City, State, Zip Code:

LA County Vendor Number:

Primary Contact:

Invoice Amount: $
$_9,200
RT_007074
City of Glendale
613 E. BROADWAY ROOM 120
GLENDALE, CA 91206
Amirah Limayo
50339613
Jul 20, 2023
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Professional Services Agreement with Energy and Environmental Economics, Inc. to assist Glendale Water and Power (GWP) with the Development of a Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources.

1. Motion authorizing the City Manager, or his designee, to execute a Professional Services Agreement with Energy and Environmental Economics, Inc. (E3) to assist GWP with the Development of a Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources (DER) in the not-to-exceed amount of $335,875.

COUNCIL ACTION
Item Type: Consent
Approved for August 22, 2023 Calendar

EXECUTIVE SUMMARY
On November 15, 2022, City Council adopted a Motion authorizing the General Manager of Glendale Water & Power (GWP) to issue a Request for Proposals (RFP) soliciting proposals from consulting firms to assist with the development of a Plan to Increase Solar Penetration and Develop Additional DER.

The RFP was issued on December 8, 2022, and the submittal period was closed on March 10, 2023. Based on the results of a competitive selection process, staff recommends E3 to perform the required analysis to achieve the goal of having at least 10% of GWP customers adopt solar and energy storage, calculate the estimated dispatchable capacity, perform a cost-benefit analyses and develop a plan to achieve the set goals. E3 estimates that the entire process will require approximately 8 months to complete.

COUNCIL PRIORITIES
Not applicable.

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement (PSA) with E3 to assist GWP with the Development of a Plan to Increase Solar Penetration and Develop Additional DER in the not-to-exceed amount of $335,875.
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BACKGROUND
On August 16, 2022, City Council adopted Resolution No. 22-125, which among other things, declared the City of Glendale’s intent to adopt policies and practices designed to reach a goal of having at least 10% of GWP customers adopt solar and energy storage systems by 2027, and develop additional demand management measures, with a minimum total peak dispatchable and peak-load-reducing capacity of 100 MW. In support of said goals, City Council directed Staff to issue a RFP to solicit proposals for the engagement of the services of a consultant, or consultants, to develop the plan and to complete the studies and analysis specified in Resolution No. 22-125.

ANALYSIS
On December 8, 2022, GWP issued a RFP for the following services:

Category 1: Develop a plan to achieve the goal of having at least 10% of GWP customers adopt solar and energy storage systems by 2027, and to develop additional demand management measures, with a minimum total peak dispatchable and peak-load-reducing capacity of 100 MW.

Category 2: Calculate the estimated dispatchable capacity and demand reduction that can be achieved through the plan developed in Category 1.

Category 3: Complete a cost benefit analysis of the plan developed in Category 1. The analysis must include: direct and indirect economic benefits and costs, as well as environmental, societal, and other noneconomic benefits and costs; and direct and indirect impacts to low- and moderate-income households.

If the analysis concludes any negative impacts on low-and-moderate- income households, include program options to mitigate the impact.

Proposers could submit a proposal for one, two or all three categories.

The initial proposal submittal deadline was extended from February 10, 2023, to March 10, 2023, to allow additional time for proposal submittal.

Proposal Selection and Evaluation
GWP received proposals from the following six (6) firms:
oCenter for Sustainable Energy (Partner: Strategen)
oEcoMotion Inc (Subcontractor: Verdant Associates, LLC) oEnergeia USA (Partner: Consensus)
oEnergy and Environmental Economics, Inc (E3)
oMCR Corporate Services, Inc (Partner: Enerlogics Networks, Inc) oOptony, Inc (Subcontractors: NewGen Strategies & Solutions LLC) GWP staff conducted a competitive selection process with the six respondents rating proposals based on criteria that include Qualification and Experience, Reasonableness 79 of 174

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and Quality of the Proposal, Proposed Methodology/Approach to be used in development of the Cost-Benefit Analysis, Ability to meet proposed schedule and budget estimates, and lastly, Proposed Cost.

Interviews were conducted with each proposer seeking additional details about planned outreach efforts, initial assessment of feasibility to reach set goals, experience doing assessments of lower-income and underserved communities, and preferred tools and methodologies to be used for Categories 2 and 3.

These interviews also provided each proposer an opportunity to further clarify any of their strengths or prior experience. The additional clarification from the interviews was considered in the final scoring.

The table below illustrates the rating for proposers based on the selection criteria.

Table I
E3 ranked the highest based on overall score, as summarized in Table I.

Project Approach and Methodology
Upon execution of the contract, E3 will start with evaluating the adoption potential for GWP in the following three categories:

Category 1
(1) review existing GWP data, (2) determine solar and battery technical capacity potential, (3) gather market segmentation data, and proceed with (4) developing a plan for mix of customer and GWP controlled sites, (5) identify robust Net Metering Policy, Feed-In Tariffs, Incentives and Rebates and (6) develop equitable program options.

When designing programs and incentives, E3 will concentrate on: (1) bundled DER offering, (2) contractor vetting, (3) designer guidelines, (4) demand response, (5) permitting, and (6) resilience planning.

There will be outreach and engagement with customers throughout the planning process.

E3’s sister company, Willdan will identify and include Community Solar Projects and will work on integrating with additional DER technologies.
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The result of this work will be a formal plan with prioritized approaches and strategies with input from GWP and its customers.

Category 2
(1) review and summarize GWP’s Integrated Resource Plan, with a focus on load and DER forecasts to ensure accurate representation, (2) use NREP ResStock to quantify the dispatchable capacity and demand reduction potential of DERs (through its RESTORE model) for valuation & rate design considerations and (3) leverage its experience performing resource adequacy analyses for other CA utilities and use these utilities’ results to quantify Effective Load Carrying Capacity (ELCC) for demand reduction.

Category 3
E3 is currently implementing several improvements for 2024 update of CPUC Avoided Cost Calculator to better reflect value of DER in low carbon planning paradigm that they will be using as part of the cost-benefit analysis. They will use GWP IRP results to update avoided costs, with an emphasis on Green House Gas emissions, clean/renewable energy, system and local capacity value.

In determining the non-energy benefits to be included in an analysis of GWP’s solar plus storage, E3 will provide well-reasoned methods and explanations for which benefits to include and appropriate methods for quantification, with an emphasis on which benefits are and are not appropriate for host customer and societal perspectives or quantification in a cost-benefit analysis.

To the extent that there are any differences in costs and benefits available to low-income households, a separate cost-benefit analysis will be conducted from the customer perspective to incorporate these differences.

Willdan has been implementing a commercial direct installation program for GWP since 2021 and has been meeting contractual targets.

Stakeholder Engagement
Seeking stakeholder information will be an open, fair, and accessible process by which individuals, groups, and organizations representing a reasonable cross section of the Glendale community can provide contributions towards the development of DER programs.

Included in E3’s proposal and cost are community engagement efforts, including three (3) community meetings as part of this planning process. During those meetings E3 will provide multi-lingual materials and communication to residents in different parts of the city to understand barriers to DER adoption and areas of particular concern and will work with GWP to share information about other available programs and benefits for their customers in attendance. E3’s Environmental Justice lead will support these efforts to ensure that diverse perspectives are included and that proposals are equitable. 81 of 174

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Project Description: City of Glendale, Water & Power
Plan to Increase Solar Penetration and Develop
Additional DER
Procurement Method (RFP / SS): Request for Proposal
Advertisement Method: City of Glendale Website
RFP Issued: 12/8/2022
RFP Due Date: 3/10/2023
Company Name(s): oCenter for Sustainable Energy
oEcoMotion Inc
oEnergeia USA
oE3, Inc
oMCR Corporate Services, Inc
oOptony Inc
Selection Criteria: Qualification and Experience, Reasonableness and Quality of the Proposal, Proposed
Methodology/Approach to be used in
development of the Cost-Benefit Analysis, Ability
to meet proposed schedule and budget
estimates, Proposed Cost.

Recommended Company or
Consultant:

E3, Inc
Contract Term: Upon completion of work
Project Begins: Upon execution of Agreement
Project Ends: Upon receipt of deliverables

CONTRACT DASHBOARDS
Not Applicable.

STAKEHOLDERS/OUTREACH
Not Applicable.

FISCAL IMPACT
The total not-to-exceed amount for the agreement is $335,875. Funding associated with this agreement for the current fiscal year is available in the FY 2023-2024 budget.

Existing Appropriation
Amount Account String Funding Source
$335,875 GL: 43110-5820-GWP-4520-
P0000-T1562-F0000-0000-0000
Electric Works Revenue Fund
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ENVIRONMENTAL REVIEW
Not Applicable. The action herein is to award a PSA for the development of a plan and thus is not a project for the purposes of the California Environmental Quality Act (CEQA).

CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the Campaign Disclosures including the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CEO, subcontractors, and any person or entity with more than ten percent interest in the company are attached as follows:

Exhibit 1: Energy and Environmental Economics, Inc. (E3) Exhibit 2: Center for Sustainable Energy (Partner: Strategen) Exhibit 3: EcoMotion Inc (Subcontractor: Verdant Associates, LLC) Exhibit 4: Energeia USA (Partner: Consensus)
Exhibit 5: MCR Corporate Services, Inc (Partner: Enerlogics Networks, Inc) Exhibit 6: Optony, Inc (Subcontractors: NewGen Strategies & Solutions LLC)

ALTERNATIVES
Alternative 1: Authorize the City Manager, or his designee, to execute a Professional Services Agreement with E3, Inc to develop a Plan to Increase Solar Penetration and Develop Additional DER, for the not-to-exceed amount of $335,875.

Alternative 2: Not Authorize the City Manager, or his designee, to execute a Professional Services Agreement with E3, Inc to develop a Plan to Increase Solar Penetration and Develop Additional DER.

Alternative 3: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Scott Mellon, Assistant General Manager, Power Management - GWP Herbert Garcia, PBC Marketing Manager – GWP
Aneta Badalian, Business Transformation Manager – GWP
Approved by:

Roubik R. Golanian, P.E., City Manager
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EXHIBITS / ATTACHMENTS
Campaign Disclosures for proposers as follows:

Exhibit 1: Energy and Environmental Economics, Inc. (E3) Exhibit 2: Center for Sustainable Energy
Exhibit 3: EcoMotion Inc
Exhibit 4: Energeia USA
Exhibit 5: MCR Corporate Services, Inc
Exhibit 6: Optony, Inc
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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 hereby authorizes the City Manager, or his designee, to enter into a Professional Services Agreement (PSA) with Energy and Environmental Economics, Inc. (E3) to assist Glendale Water & Power (GWP) with the Development of a Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources (DER) in the not to exceed amount of $335,875, as described in the Report Dated August 22, 2023 by the General Manager of GWP. The City Manager, or his designee, is authorized to execute said PSA subject to approval by the City Attorney.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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City of Glendale
Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources RFP 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** 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 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)*:

Name Address
EcoMotion 216 West Kenneth Road, Glendale, CA 91202
Full Name Title Business Address City State Zip
Chairperson
Ted Flanigan Chief Executive Officer / President 216 West Kenneth Road Chief Operating Officer
Glendale CA 91202
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, GSA, 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.

PF:25
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City of Glendale
Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources RFP Subcontractor(s)**:

Name
Verdant Associates
Address
1972 Los Angeles Avenue, Berkeley, California, 94707
Full Name Title Business Address City State Zip
Chairperson 1972 Los Angeles Avenue Berkeley CA 94707
Dr. Jean Shelton Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
** “Subcontractor” is a 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 each Subcontractor’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. Above please disclose these persons’ name and business address. Attach additional forms as needed for additional Subcontractors.

Campaign Committee owned or controlled by:

Title Business Address City State Zip

CERTIFICATION
On behalf of the above-named x 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 1 pages.

Executed on:

Signature:

February 10 , 20 23 , at: Glendale , California.

Print Full Name: Ted Flanigan
Address: 216 West Kenneth Road
Phone Number: 949 - 292 - 7314 E-mail Address: [email protected] PF:26
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Confidential Page 43 of 89 February 2023

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Confidential Page 42 of 89 February 2023
Disclosure – Campaign Finance Ordinance Form
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City of Glendale
Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources RFP 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** 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 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)*:

Name Address
Optony, Inc 5201 Great America Pkwy, Suite 320, Santa Clara, CA 95054 Full Name Title Business Address City State Zip
Byron Pakter Chairperson same as below
Byron Pakter
Jonathan Whelan
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
5201 Great America Pkwy, Suite 320
5201 Great America Pkwy, Suite 320
Santa Clara
Santa Clara
CA
CA
95054
95054
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, GSA, 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.

PF:25
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City of Glendale
Plan to Increase Solar Penetration and Develop Additional Distributed Energy Resources RFP Subcontractor(s)**:

Name Address
NewGen Strategies and Solutions, LLC
Full Name
Mike Lane
225 Union Blvd., Ste. 450, Lakewood, CO 80228
Title
Chairperson
Business Address City State
TN
Zip
49 Music Square West, Ste. 505 Nashville 37203
David Yanke Chief Executive Officer / President 8140 N. Mopac Expy., Bldg. 1, Ste. 240 Austin TX 78759 Chief Operating Officer
Christopher Ekrut Chief Financial Officer
Board of Directors
Richardson TX275 W. Campbell Rd., Ste. 440 75080
Anthony Georgis More than 10% interest owner 225 Union Blvd., Ste. 450 Lakewood CO 80228 ** “Subcontractor” is a 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 each Subcontractor’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. Above please disclose these persons’ name and business address. Attach additional forms as needed for additional Subcontractors.

NACampaign Committee owned or controlled by:

Title Business Address City State Zip

CERTIFICATION
On behalf of the above-named X 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. 2In total, this disclosure form (including attachments) is pages. , at:February 8 23 Berkeley
Print Full Name:

Executed on:

Signature:
, 20 , California.

Byron Pakter
5201 Great America Pkwy, Suite 320, Santa Clara, CA 95054 (510) 705-2811
Address:
[email protected] Number: XXXXXXXXXXX 408-567-9216 E-mail Address:

PF:26
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Landlord/Tenant Ad-Hoc Committee Update on Work Plan

1. Motion to approve Landlord/Tenant Ad-Hoc Committee’s suggestions on the Rental Rights Program, with the intention of revisiting these suggestions in a redlined version of the ordinance at a subsequent council session.

2. Motion to approve Rental Rights Marketing Strategy.

3. Motion to provide direction on the desire to establish a Dispute Resolution/Mediation program.

COUNCIL ACTION
Item Type: Action Item
Approved for August 22, 2023 calendar

EXECUTIVE SUMMARY
The City Council initiated the establishment of a Landlord/Tenant Ad-Hoc Committee (Ad- Hoc Committee) to address rental housing issues in Glendale. The Ad-Hoc Committee's purpose was to gather citizen input and provide recommendations to the City Council on landlord/tenant rental housing matters. The Ad-Hoc Committee was assigned three main tasks, including reviewing the Rental Rights Program ordinance (municipal code Chapter

9.30), developing education and marketing strategies, and evaluating a voluntary dispute resolution program. The Ad-Hoc Committee was originally comprised of seven members, later six members, representing both renters and landlords in Glendale, and convened monthly for a total of eleven months.

Staff has compiled three comprehensive reports attached as Exhibits 1-3 addressing the Rental Rights Program, marketing and outreach strategies, and mediation options. These reports provide detailed analyses and recommendations made by the Ad-Hoc Committee.

The attached reports offer valuable insights for decision-making and further improvement of the rental housing landscape in Glendale.
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COUNCIL PRIORITIES
Not applicable.

RECOMMENDATION
Provide direction on three key areas of discussion:
•Rental Rights Ad-Hoc Committee Suggestions: Evaluate suggestions made by the Ad-Hoc Committee for changes to the Rental Rights program ordinance and either: (1) initiate the changes directly, (2) request additional analysis of suggested changes, or (3) offer alternatives to suggestions made. •Rental Rights Marketing Strategy: Approve or reject proposed marketing strategy for the Rental Rights Program or offer alternatives. •Dispute Resolution and Mediation: Review dispute resolution program for landlords and tenants and provide direction on whether to either (1) bring back a more detailed report, (2) bring back an outline of a program, or (3) reject all proposals for a dispute resolution program.

BACKGROUND
On August 24, 2021, the Community Development staff presented a report to the City Council regarding the establishment of a Landlord/Tenant Advisory body in Glendale to address rental housing issues. The City Council directed staff to prepare a report that would outline the framework for creating a Landlord/Tenant Ad-Hoc Committee. On January 18, 2022, the City Council approved the establishment and framework of the Ad-Hoc Committee.

The Ad-Hoc Committee's mission was to serve as a conduit for citizen input analyzing and recommending options on landlord/tenant rental housing issues to the City Council.

The Work Plan of the Ad-Hoc Committee was to:
• Review the Rental Rights Programs and recommend any possible changes to the ordinance, if needed.
• Discuss and develop best practices for education and marketing on landlord/tenant issues in Glendale; and
• Discuss and evaluate a voluntary dispute resolution program for landlords and tenants.

Other topics of discussion by the Ad-Hoc Committee included a rent registry program, new legislation ideas, rental programing, and other residential rental housing issues.

The Ad-Hoc Committee’s aim was to enhance the effectiveness and accessibility of rental rights measures, ensuring that both landlords and tenants are well-informed.

The Ad-Hoc Committee originally consisted of seven members represented by both renters and landlords in Glendale, with one neutral representative. At the nine-month mark, unfortunately one Ad-Hoc Committee member seat was vacated due to an 100 of 174

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unexpected death. That seat was left vacated. The following individuals were originally chosen by City Council to serve on the Ad-Hoc Committee:
• James Son (Landlord)
• Razmik Grigorian (Landlord)
• Jennifer Schultz Bertolet (Landlord)
• Victor Hairapetian (Neutral)
• Davit Zargaryan (Tenant)
• Isabela Tevanyan (Tenant)
• Teal Marchande (Tenant)
The Ad-Hoc Committee convened monthly, holding meetings for a total of eleven months. The Ad-Hoc Committee successfully worked through the tasks outlined in its work plan, with a single meeting remaining for any follow-up work assigned by City Council. By not concluding the desired twelve meetings, Council may identify any additional concerns and/or work assignments for the Ad-Hoc Committee to receive from City Council before officially concluding its work. Alternatively, should no further need for the Ad-Hoc Committee arise, staff will inform the Ad-Hoc Committee of its resolution and conclude its operations accordingly.

Reports on Committee Work
Staff has compiled three comprehensive reports addressing the three key topics assigned to the Ad-Hoc Committee by the City Council. These reports are included as attachments and provide a detailed analysis of the Rental Rights Program ordinance, outreach and marketing strategies, and options for mediation. The reports include:
•Committee Suggestions on the Rental Rights Program (Attachment 1) •Marketing and Outreach for Rental Rights (Attachment 2) •Tenant Dispute Resolution and Mediation (Attachment 3) Next Steps
Once the City Council reviews and discusses the work and suggestions made by the Ad-Hoc Committee, staff can incorporate any suggested changes and reach out to stake holders for input. Staff can achieve this through community meetings, reach out to specific landlord and tenant organizations and provide forms on our city webpage for stakeholders to share their opinions.

Once stakeholders have expressed their opinions, staff will return to City Council with a draft of the new ordinance with suggested changes and stakeholder opinions, at which time City Council will have the opportunity to approve final draft of changes or provide further direction.
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7 5

ANALYSIS
Attachment 1 - Committee Suggestions on the Rental Rights Program The Rental Rights Program was introduced by the City Council on February 12, 2019, as a response to the ongoing affordable housing crisis and escalating rental rates. It aimed to address these issues while considering the diverse perspectives and concerns expressed during the extensive deliberations. The program consists of three main sections: Just Cause Eviction, Right to Lease, and Renter Relocation. Collectively, these provisions within the Rental Rights Program were implemented to enhance stability, protect tenants from unfair practices, and address the challenges associated with displacement in Glendale.

The committee executed a structured and comprehensive methodology to diligently review the Rental Rights program. In this phase, they delved into the intricacies of the program, meticulously scrutinizing its provisions, rules, and regulations. They assessed each section and analyzed it line by line, ensuring a comprehensive understanding of the program's content.

In the Ad-Hoc Committees analysis of the current Rental Rights program, they observed that the program is extensive and covers many areas and provides good protection for tenants while maintaining balance between tenants and landlord. However, while the program's intent to cover all its bases is commendable, it has led to a degree of complexity and difficulty in understanding and following its guidelines. One of the overall agreements that the Ad-Hoc Committee had was that the program needs to be simplified. The program's extensive coverage and the inclusion of multiple exemptions have contributed to its intricate nature, which can pose challenges for both landlords and tenants seeking to navigate its provisions. Also, some sections of the program have been found to be outdated and in need of change and revisions.

After staff received the comments, suggestions, and revisions from the Ad-Hoc committee, they compiled a concise report outlining the recommended changes.

Subsequently, staff presented the report to the committee for final approval before submitting it to the City Council.

In conducting their review, the Ad-Hoc Committee cited sections of the ordinance and provided their thoughts and suggestions on what could be amended and how, however they refrained from voting on making official recommendations as to how it should be amended. This was to allow the City Council the ability to evaluate the identified sections, and deliberate amongst themselves of how to best amend it. If the City Council wishes to evaluate a complete and recommended draft ordinance, the City Council could provide direction to remand the assignment back to the Ad-Hoc Committee for decision making. 102 of 174

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Attachment 2 - Marketing and Outreach for Rental Rights The City Council tasked the Ad-Hoc Committee with evaluating the marketing strategy for the Rental Rights Program and coming up with new ideas and strategies that would better target landlords and tenants. The Ad-Hoc committee's role was to gather insights, identify areas for improvement, and provide recommendations to develop a comprehensive marketing strategy that would effectively target both landlords and tenants.

Through collaborative discussions and analysis of the program's goals and objectives, the Ad-Hoc Committee generated valuable insights and suggestions to strengthen the marketing strategy. Staff used the Ad-Hoc committees input in shaping a robust plan that aligns with the needs and preferences of the target stakeholders.

Building upon the Ad-Hoc Committee's recommendations, staff developed a comprehensive marketing strategy that employs various channels and tactics to maximize outreach and engagement. The strategy aims to raise awareness about the Rental Rights Program, educate the public about its benefits and provisions, and foster compliance among landlords and tenants.

Attachment 3 - Tenant Dispute Resolution and Mediation
The Ad-Hoc Committee was tasked with assessing the feasibility and desirability of establishing a mediation program to address various issues, including rent increases, security deposits, evictions, habitability, and relocations. During the Ad-Hoc Committee's deliberations, it became evident that there was a consensus that a mediation program could bring benefits to the community. A majority of members agreed that such a program would be voluntary and non-binding in nature, aiming to facilitate constructive dialogue between parties involved in housing-related disputes.

A voluntary and non-binding program refers to a mediation program that does not require participation. In this context, "voluntary" means that participation in the program is not mandatory or legally required. It is up to the parties involved, both tenants and landlords, to decide whether they want to engage in the mediation process.

Overall, the Ad-Hoc Committee felt that tenant/landlord mediation/dispute resolution programs promote effective communication, collaborative problem-solving, and timely resolutions. By providing a constructive platform for dialogue, these programs can benefit tenants and landlords by preserving relationships, reducing costs, and offering tailored solutions to their specific disputes.

While the Ad-Hoc Committee acknowledged the need for a mediation program, it also recognized several challenges associated with a voluntary approach. One of the key concerns is the reliance on the willingness of both tenants and landlords to participate in mediation. Unfortunately, some landlords may choose not to engage in the process, leaving tenants without access to the benefits of the program. 103 of 174

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STAKEHOLDERS/OUTREACH
No stakeholder/outreach was conducted as part of this report.

FISCAL IMPACT
Making changes to the Rental Rights Program ordinance and implementing a Dispute Resolution and Mediation Program will have cost impacts. Staff will return to Council with a more detailed analysis based on Council’s direction.

Implementing the marketing strategy will cost approximately $30,000 to $50,000, which was included as a part of the FY 2023-24 budget. No new appropriation is being requested at this time. The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$20,000 44450-1070-CDD-8507-
P8001
General Fund (Measure S)
$30,000 45450-1070-CDD-8507-
P8001
General Fund (Measure S)

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is considered a ministerial activity and therefore, not subject to CEQA review.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Adopt a motion providing direction on the suggestions made the Ad-Hoc Committee.

Alternative 2: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Peter Zovak, Assistant Director of Community Development Sipan Zadoryan, Housing Analyst
Lucy Varpetian, Principal Assistant City Attorney
Approved by:

Roubik R. Golanian, P.E., City Manager
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EXHIBITS/ATTACHMENTS

Attachment 1: Ad- Hoc Committee Suggestions on the Rental Rights Program Attachment 2: Marketing and Outreach for Rental Rights
Attachment 3: Tenant Dispute Resolution and Mediation
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MOTION
Moved by Council Member and seconded by
Council Member that the Council
hereby approves the Landlord/Tenant Ad-Hoc Committee’s suggestions on the Rental Rights Program, as outlined in the Report to Council dated August 22, 2023, with the intention of revisiting these suggestions in a redlined version of the Rental Rights Program municipal code ordinances at a subsequent council meeting.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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MOTION
Moved by Council Member and seconded by
Council Member that the Council
hereby approves the Rental Rights Marketing Strategy, as outlined in the Report to Council dated August 22, 2023.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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MOTION
Moved by Council Member and seconded by
Council Member that, regarding the
establishment of a Dispute Resolution/Mediation program for landlord/tenant disputes as outlined in the Report to Council dated August 22, 2023, the Council hereby directs staff as follows:

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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ATTACHMENT 1
Community Development - Housing2023

AD-HOC COMMITTEE

SUGGESTIONS ON THE

RENTAL RIGHTS

PROGRAM

CITY OF GLENDALE
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Table of Contents

TABLE OF CONTENTS
Ad-Hoc Committee Suggestions on the Rental Rights Program 1

EXECUTIVE SUMMARY

BACKGROUND AND HISTORY

METHODOLOGY

FINDING

RECOMMENDED CHANGES

CONCLUSION
APPENDIX: RENTAL HOUSING CHARACTERISTICS
1 2
4 6
8 10
34 35
Chapter 9.30 Just Cause And Retaliatory Evictions ..............

9.30.010 Legislative purpose ..................................................

9.30.020 Definitions ................................................................

9.30.025 Requirement of offering one-year written leases ..

9.30.030 Evictions – Nuisance ...............................................

9.30.030 Evictions – Qualified Tenants .................................

9.30.030 Evictions – Uninhabitable or illegal units ...............

9.30.030 Evictions – Other .....................................................

9.30.033 Rent Based Termination .........................................

9.30.035 Required Payment of Relocation Fee .....................

9.30.050 Affirmative defense and remedies .........................

9.30.070 Penalty for Violations...............................................

Other areas of considers ........................................................ 11 12
13 16
18 20
21 22
23 25
31 32
33 110 of 174

Executive Summary
This report aims to present a comprehensive review of proposed recommendations from the recently established Landlord/Tenant Ad-Hoc Committee. The objectives of this report are to outline the comments and suggestions made by the Ad-Hoc Committee
through their last year together.
2 OVERVIEW
This report provides a comprehensive review of the recommendations put forth by the Landlord/Tenant Ad-Hoc Committee (Ad-Hoc Committee) regarding the Rental Rights Program in the City of Glendale. The objectives of this report are to outline the committee's comments and suggestions and assess their implications for the program.

The Rental Rights Program was introduced by the Glendale City Council (City Council) on February 12, 2019, as a response to the ongoing affordable housing crisis and escalating rental rates. It aimed to address these issues while considering the diverse perspectives and concerns expressed during the extensive deliberations. The program consists of three main sections: Just Cause Eviction, Right to Lease, and Renter Relocation.

Under the Just Cause Eviction section, regulations were implemented to safeguard tenants from arbitrary or unjust evictions, promoting stability and security within the rental market. The Right to Lease provision mandates landlords to offer a one-year lease to new tenants and when implementing rent increases, providing tenants with greater certainty and the ability to plan for their housing needs. The Renter Relocation section requires landlords to provide relocation assistance if rent increases exceed 7% over the previous 12 months, aiming to mitigate the impacts of displacement.

Since the program's implementation, staff has been actively involved in addressing inquiries from tenants and landlords, providing education, clarifications, and guidance on program requirements, as well as county and state laws. The COVID-19 pandemic and related emergency orders further influenced the rental market, necessitating additional education efforts due to the complexities of new laws and regulations.

At its meeting on August 24, 2021, the City Council approved the implementation of a Ad-Hoc Committee Suggestions on the Rental Rights Program 111 of 174

3 Ad-Hoc Committee. The Ad-Hoc Committee's mission was to serve as a conduit for citizen input, analyzing and recommending options on landlord/tenant rental housing issues to the City Council.

At its meeting on August 24, 2021, the City Council approved the implementation of a Ad- Hoc Committee. The Ad-Hoc Committee's mission was to serve as a conduit for citizen input, analyzing and recommending options on landlord/tenant rental housing issues to the City Council. The Ad-Hoc Committee, through their discussions, made several recommendations for improving the Rental Rights Program. These recommendations include simplifying the one-year lease requirements, enhancing protections for tenants facing no-fault evictions, revisiting the formula for calculating relocation assistance, and exploring mechanisms to track illegally constructed units and monitor vacancies.

It is essential for the City Council to recognize the significance of the suggested changes and their potential benefits in fostering a fair and equitable rental market. Implementation of these recommendations will require careful planning, coordination, and allocation of necessary resources.

By considering the adoption of the proposed changes, the City of Glendale can further strengthen tenant protections, promote stability and affordability, and enhance the overall quality of the rental market. Continued support from the City Council will be instrumental in successfully implementing the recommended improvements to the Rental Rights Program and ensuring the well-being of both tenants and landlords in Glendale.

Executive Summary
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4 Following a series of meetings held between 2016 and 2019 to address the pressing issue of an ongoing affordable housing crisis and explore potential solutions to combat increasing rental rates, the City Council took a significant step forward on February 12, 2019. The City Council introduced the Rental Rights Program. The program was designed to tackle the issue of unaffordable rental rates while considering the diverse perspectives and concerns expressed during the extensive deliberations. This program represented a comprehensive strategy that sought to strike a balance between the interests of tenants and landlords, fostering a fair and equitable rental market for all stakeholders involved. By opting for an alternative to rent control, the City Council paved the way for innovative solutions that prioritized the needs of the community, establishing a framework that aimed to provide stability, affordability, and fairness in the rental sector. This comprehensive program encompasses three key sections: Just Cause Eviction, Right to Lease, and Renter Relocation.

Under the Just Cause Eviction section, specific regulations were introduced to govern the eviction process, ensuring that tenants are protected from arbitrary or unjust evictions.

This provision aims to foster stability and provide a sense of security for tenants within the rental market.

The Right to Lease provision mandates landlords to offer a one-year lease to new tenants, as well as when implementing rent increases. By enforcing this requirement, the City of Glendale aims to provide tenants with greater certainty and enable them to plan for their future housing needs effectively.

Recognizing the potential impacts of rapidly increasing rents, the Renter Relocation section of the program mandates landlords to provide relocation assistance to tenants if rent increases exceed 7% over the course of the previous 12 months. This provision seeks to mitigate the consequences of displacement and offer support to affected residents.

Collectively, these provisions within the Rental Rights Program were implemented to enhance stability, protect tenants from unfair practices, and address the challenges associated with displacement in Glendale.

Background and History
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5 The program took effect on March 14, 2019, with a budget of approximately $410,000 and the establishment of new positions. The program impacts approximately 47,000 rental units in Glendale.

Since the implementation of the Rental Rights Program, staff has received numerous calls and emails, addressing inquiries from both tenants and landlords. Staff has provided education, clarified program requirements, and offered guidance on county orders and state laws such as AB 1482, which established a rent increase cap and eviction protections statewide. The COVID-19 pandemic and related emergency orders also impacted the rental market, with a rent freeze and eviction suspensions. Rental Rights staff has responded to inquiries and provided resources to residents, with further education efforts needed due to the complexities of the new laws.

Background and History
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6 The Ad-Hoc Committee meticulously executed a structured and comprehensive methodology to diligently review the Rental Rights program. To effectively address the tasks assigned by the City Council in their work plan, the committee allocated its time into three distinct phases, each aligned with the major responsibilities outlined.

Methodology

OVERVIEW
The Ad-Hoc Committee meticulously executed a structured and comprehensive methodology to diligently review the Rental Rights program. To effectively address the tasks assigned by the City Council in their work plan, the committee allocated its time into three distinct phases, each aligned with the major responsibilities outlined.

The committee focused on thoroughly examining the Rental Rights program itself. In this phase, they delved into the intricacies of the program, meticulously scrutinizing its provisions, rules, and regulations. The committee members, guided by the expertise of the staff, embarked on a meticulous journey through the ordinance. They meticulously assessed each section and analyzed it line by line, ensuring a comprehensive understanding of the program's content.

After staff received the comments, suggestions, and revisions from the Ad-Hoc Committee, they compiled a concise report outlining the recommended changes.

Subsequently, staff presented the report to the committee for final approval before submitting it to the City Council.

This rigorous review process was enriched by the active participation of all Ad-Hoc Committee members. Every member had the opportunity to contribute their insights, observations, and suggestions. The Ad-Hoc Committee fostered an environment that encouraged open dialogue, allowing diverse perspectives to be shared and considered.

Through collaborative discussions, the Ad-Hoc Committee leveraged the collective wisdom of its members, enabling a thorough evaluation of the Rental Rights program.

Throughout the entire review process, the committee maintained a meticulous and syste- Ad-Hoc Committee Suggestions on the Rental Rights Program 115 of 174

7 matic approach. They employed a combination of in-depth analysis, collaborative discussions, and external input to ensure that their recommendations were informed, balanced, and aligned with the objectives of the Rental Rights program.

Methodology
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8 Findings

PROGRAM ANALYSIS
In the Ad-Hoc Committees analysis of the current Rental Rights program, they observed that the program is extensive, covers many areas, and provides good protection for tenants while maintaining balance between tenants and landlord.

Upon closer examination, the Ad-Hoc Committee identified both strengths and weaknesses within the program. The relocation section for increases exceeding 7% stands out as a notable strength, serving as an effective deterrent against excessive rent hikes. This provision aligns with the program's objective of promoting stability and addressing the impacts of displacement for residents.

However, while the program's intent to cover all its bases is commendable, it has led to a degree of complexity and difficulty in understanding and following its guidelines. One of the overall agreements that the Ad-Hoc Committee had was that the program needs to be simplified. The program's extensive coverage and the inclusion of multiple exemptions have contributed to its intricate nature, which can pose challenges for both landlords and tenants seeking to navigate its provisions.

Some sections of the program have been found to be outdated, particularly the relocation section pertaining to Just Cause Evictions. It is crucial to review and update this section to ensure it remains relevant and in line with current circumstances and evolving needs.

Additionally, the Ad-Hoc Committee’s analysis has indicated that the provision for a one- year lease appears to unnecessarily complex and may have limited impact, potentially requiring further examination and possible adjustments.

Another area that necessitates attention is the banking system associated with the program’s rent increases. The Ad-Hoc Committee identified certain loopholes that need to be addressed to enhance the program's effectiveness and ensure that it functions as intended. By addressing these gaps in the banking system, the ordinance can provide greater clarity and protection for both landlords and tenants, fostering a more transparent and reliable rental process.

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9 KEY ISSUES AND CHALLENGES
Balancing Landlord-Tenant Rights: One of the key challenges is striking a balance between the rights and responsibilities of landlords and tenants. While the ordinance aims to protect tenants, it should also consider the interests and rights of landlords to ensure the sustainability and viability of the rental market.

Protection Against Substandard Living Conditions: The Ad-Hoc Committee recognizes that some residential rental units have substandard living conditions and reduced services. A key challenge has been to establish a provision that discourages retaliatory evictions, while also emphasizing the responsibility of landlords to ensure well-maintained living units and safeguard the health, safety, and welfare of tenants.

Implementation and Enforcement: The successful implementation and enforcement of the ordinance present significant challenges. This includes ensuring compliance by landlords, addressing potential disputes between landlords and tenants, and establishing effective mechanisms for resolving conflicts and enforcing penalties for non-compliance.

County and State laws: The impact of State laws, particularly AB 1482, was a significant topic of discussion. AB 1482, which sets a rent limit of 5% plus change in CPI (currently 8.8%), provides temporary protections for renters until its expiration in 2030. The Rental Rights Program and the development of effective legislation while considering the provisions of AB 1482 have presented challenges for staff and the Ad-Hoc Committee.

Adequate Resources and Support: To effectively implement the ordinance and support its objectives, sufficient resources and support are necessary. This includes providing accessible information and assistance to landlords and tenants, facilitating dispute resolution processes, and ensuring the availability of resources for inspections and enforcement activities.

Findings
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Recommended Changes
As mentioned earlier in the Methodology section, the Ad-Hoc Committee meticulously examined each line of the Rental Rights ordinance (Chapter 9.30) to thoroughly analyze its provisions and propose recommendations. Staff diligently collected and consolidated all the feedback provided by the Ad-Hoc Committee, summarizing their comments and concerns for each relevant section of the ordinance where changes or suggestions were proposed. The subsequent information presents a comprehensive overview of the committee's input and its impact on the ordinance.

In the subsequent sections, each heading will align with a specific section of Chapter 9.30, commonly referred to as the Rental Rights Program. Headings will be Bold and Italicized, to make them easier to identify. Within each section, the comments and suggestions provided by the Ad-Hoc Committee will be presented, accompanied by a rationale highlighting the significance and necessity of these proposed changes. Finally, staff will provide their perspectives and recommendations for appropriate actions to be taken. 10Ad-Hoc Committee Suggestions on the Rental Rights Program 119 of 174

Rational
It was identified that the current title, "Just Cause and Retaliatory Evictions," may not accurately reflect the comprehensive nature of the regulation and could potentially cause confusion when referring to it. To address this concern, the Ad-Hoc Committee proposed changing the title of Chapter 9.30 to better represent its scope and purpose and also to align the title of the regulation with public perception and its representation in marketing documents. The program is publicly known as the Rental Rights Program and is referred to as such in nearly all marketing and outreach documents.

Chapter 9.30 Just Cause And Retaliatory Evictions
The Ad-Hoc Committee proposed changing the title of the Chapter to one of the following titles:
-Rental Rights Program
-Residential Rental Rights Program
-Residential Hiring of Property
Staff Comments
Staff fully supports the proposed changes to the title of Chapter 9.30. It is recommended that the new title should be either "Rental Rights Program" or "Residential Rental Rights Program." This consistency will help prevent any misinterpretation or misconception that a new program has been introduced.

Recommended Changes
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Rational
The legislative purpose of the ordinance was first drafted in 2001 when the original Just Cause and Retaliatory Eviction ordinance was first proposed.

Since then, it went through minor revisions in 2019 when additions to Chapter 9.30 were made. The committee felt that the section was dated and should be updated so that the legislative purpose reflects the current issues and concerns.

9.30.010 Legislative purpose
The Ad-Hoc Committee suggested that Section 9.30.010, Legislative purpose, should be revisited after the overall amendments are proposed to provide an updated version.

Staff Comments
While acknowledging the necessity for an updated version, many of the initial areas of concern addressed and original intent behind the legislative purpose remain as pertinent today as they were when the language was initially drafted. The concerns and issues identified at the time of its inception continue to hold significance within the context of the current rental landscape.

Recommended Changes
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Rational
Currently, Chapter 9.30 of the Rental Rights Program defines "Rent" and "Base Rent" in a manner that encompasses various charges, including parking, storage, and utilities. However, the Ad-Hoc Committee has put forth a recommendation to differentiate between payments made directly for the rental unit and those made for additional services such as parking, storage, or utilities. The objective behind this proposed change is to establish a clear distinction between rent increases and separate charges.

By doing so, the calculation of relocation triggers would be simplified, and precise definitions would prevent any potential misunderstandings between landlords and tenants.

9.30.020 Definitions
The Ad- Hoc Committee discussed changing the definition of Base Rent and Rent to include a formula that distinguishes between reoccurring charges and those that are based on utility usage and to make a distinction between providing additional services, such as an extra parking spot or a new pet, addition of another tenant and allow also for a reduction if there is a decrease in services, such as removal of a laundry facility.

Staff Comments
Staff acknowledges the need for a more precise definition regarding the distinction between rent and utilities/fees. However, it is important to exercise caution in formulating this definition, as separating rent from utilities and other fees could potentially create a loophole that landlords may exploit to surpass rent increase limits by imposing additional charges.

Recommended Changes
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Rational
One of the primary concerns raised by the Ad-Hoc Committee pertained to habitability and tenant protections concerning illegally constructed units.

The Ad-Hoc Committee expressed a strong determination to prevent unscrupulous landlords from exploiting tenants. Their goal was to ensure that if tenants were forced to vacate substandard units as a result of landlord negligence or if the units were illegally constructed, these tenants would receive enhanced relocation assistance.

9.30.020 Definitions
The Ad- Hoc Committee also discussed adding additional protections by expanding the definition for tenants residing in illegal units. This could be done by better defining a rental unit.

Staff Comments
Staff fully supports the committee's recommendations regarding the inclusion of stronger protections and stricter relocation fees for tenants residing in illegally constructed units. Building upon these recommendations, staff proposes that the City Council consider incorporating additional provisions into the ordinance to further address the concerns related to negligent landlords and substandard living conditions.

To address these issues effectively, staff suggests implementing measures that would require landlords who neglect major issues to promptly address them or provide compensation to tenants for damages incurred. This would serve as a strong incentive for landlords to address and resolve any maintenance or safety concerns in a timely manner, ensuring the well- being and satisfaction of their tenants.

Recommended Changes
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Staff Comments - Continued
Furthermore, staff recommends including provisions in the ordinance that outline compensation for tenants who are displaced due to necessary renovations. This would cover expenses such as hotel fees and any other costs incurred as a result of the displacement/inconvenience caused by the renovation process. By providing appropriate compensation, tenants can be relieved of any financial burdens and inconveniences resulting from the renovation of their units.

In cases where a landlord evicts a tenant to renovate a unit that has been damaged due to negligence, staff proposes that the relocation fee be significantly increased. This serves as a deterrent against landlords intentionally neglecting their responsibilities and reinforces the principle that tenants should not bear the consequences of their landlord's negligence.

Recommended Changes
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Rational
Many of the discussions and themes surrounding the one-year lease provision revolved around the need for simplification and clarity. Currently, the requirement to offer a one-year lease creates confusion due to inconsistencies with state law and arbitrary timing of the offers. This ambiguity can be burdensome for both landlords and tenants, leading to uncertainty about when the notice should be given. By simplifying this provision, it alleviates administrative burdens on landlords and provides tenants with a clear understanding of how they can secure a one-year lease, promoting transparency and facilitating smoother rental agreements.

9.30.025 Requirement of offering one-year written leases Removing the requirement of the one-year lease offer after the initial offer.

Simplifying it and keeping the notice timing consistent with state law.

Offering the one-year lease through to the second year only if the Tenant rejects the lease (but continue to offer the lease if Tenant accepts it).

Allowing future rent increases to be governed by state law.

Require any amendments to lease to be in writing.

No unilateral changes by the landlord, unless required by state law.

The one year written lease provision of Chapter 9.30 requires landlords to offer a one- year lease to prospective tenants and any tenants whose rent they wish to increase. The current law requires that a landlord make this offer 90 days prior to the expiration of the current lease term, failure to do so renders the increase void. The Ad-Hoc Committee extensively discussed the one-written lease requirement, and possible alternatives that were more in line with current state laws and ones that did not create administrative burden for landlords but still offered the protection for tenants that wanted it. Some ideas the committee had include:

Other changes that the Ad-Hoc Committee would like to see regarding leases but not necessarily associated with a one-year lease are:

Recommended Changes
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Staff Comments
While staff acknowledges the need for a change in the one-year lease provision, there is disagreement with the proposed changes put forward by the Ad-Hoc committee due to concerns about added burdens and potential confusion. In light of this, staff suggests a simpler alternative. Staff has the following proposal, tenants would have the option to request a one-year lease annually, either on the anniversary of their move-in date or at the time of a rent increase. If a tenant makes such a request, the landlord would be obliged to provide them with a one-year lease term. However, landlords would not be required to proactively make an offer. This approach aims to alleviate administrative burdens on landlords while still ensuring protection for tenants, striking a balance between simplicity and safeguarding tenant rights.

Recommended Changes
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Rational
There was general agreement among the Ad-Hoc Committee members to add additional actions that should be considered as nuisance. By providing greater clarity and specificity in our description, landlords would have a better understanding of what constitutes a nuisance, allowing them to take appropriate action to address such behaviors.

This proposed expansion of the nuisance provision recognizes the importance of maintaining a harmonious living environment and addressing behaviors that may disrupt the peace and well-being of other tenants. By providing landlords with a comprehensive list of specific offenses, they can take proactive measures to address these issues promptly and effectively, ultimately contributing to the overall satisfaction and comfort of the rental community.

9.30.030 Evictions - Nuisance
The Ad-Hoc Committee discussed expanding the definition of nuisance to include noxious odors, incessant dog barking, refusal to pick up dog feces.

The current definition of “nuisance” includes, but is not limited to:
“any gang-related crime, any documented activity commonly associated with illegal drug dealing, including complaints of noise, steady traffic day and night to a particular unit, barricaded units, sighting of weapons, drug loitering as defined in California Health and Safety Code Section 11532, or other drug related circumstances brought to the attention of the landlord by other tenants, persons within the community, law enforcement agencies or prosecutorial agencies. For purposes of this subdivision, gang-related crime is any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or intended victim of the crime is a known member of a gang.”
The suggestion would add the three new actions mentioned above to the current definition, no other changes would be made.

Recommended Changes
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Staff Comments
Staff fully supports the inclusion of the mentioned offenses in the nuisance provision of the eviction section within Chapter 9.30.

Recommended Changes
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Rational
With the proposed changes, the Ad-Hoc Committee aims to enhance the existing safeguards and provide additional protections for vulnerable tenants facing no-fault evictions. By granting them longer periods of time to move, these measures would offer more stability and support during the transition process. This is especially important for individuals with disabilities or the elderly, who may require additional time and resources to find suitable alternative housing.

9.30.030 Evictions – Qualified Tenants
Just Cause provisions currently allow for certain no-fault evictions, such as owner move-in or resident manager move in. The Ad-Hoc committee has proposed additional protections for tenants facing such no-fault evictions. These additional protections would be for tenants who are disabled or elderly. The additional protections could be in the form of extended time to move out, additional relocation fees or some other form of protection.

Additionally, the Ad-Hoc Committee suggested imposing limitations on the number of times a landlord can utilize owner move-in evictions, along with a requirement for landlords to report these evictions to the City for monitoring and compliance purposes.

Staff Comments
Staff has no objection to the changes proposed.

Recommended Changes
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Rational
The rationale for emphasizing the need to address illegally constructed units is based on the potential risks and challenges they pose to both tenants and the overall rental market. Illegally constructed units often lack proper safety measures and may not meet building codes and standards, jeopardizing the well-being of tenants. By tracking and identifying these units, the City can take necessary actions to ensure compliance with regulations, protect tenant rights, and maintain the integrity of the rental market. Implementing effective tracking systems and providing resources for enforcement will enable the City to proactively address these issues, promoting safer and more secure housing options for residents.

9.30.030 Evictions – Uninhabitable or illegal units
Throughout the Ad-Hoc committee's extensive deliberations, a significant focus was placed on addressing the issue of illegally constructed units. The Ad-Hoc Committee recognized the importance of tracking these properties and enhancing staff's ability to enforce regulations and identify such illegal units. The discussions highlighted the need for a comprehensive mechanism that would enable the City to monitor properties more effectively, ensuring compliance with safety standards and rental regulations.

Staff Comments
Staff recognizes the importance of establishing a process to track habitability in Glendale and acknowledges the benefits it would bring to the city. The current lack of data poses challenges in making informed policy decisions and addressing issues effectively. By implementing a tracking system, Glendale would gain access to valuable data that can inform policy-making, enable proactive interventions, and facilitate better understanding of the local rental market. This process would enhance the city's ability to ensure habitable living conditions for tenants and promote informed decision-making to support the needs of both landlords and tenants.

Recommended Changes
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Rational
Some tenants can be a nuisance without necessarily meeting the definition of a nuisance. Therefore landlords should be given the opportunity to remove them easier. While tenants may not be engaged in activities that directly violate the lease agreement or local laws, their behavior can still cause disruptions and problems for other residents, creating an unpleasant living environment. In such cases, landlords often find themselves in a difficult position, as it can be challenging to take action against these tenants within the confines of the existing regulations.

9.30.030 Evictions – Other suggestions
Ad-Hoc Committee discussed situations where “a tenant is not good for the building” - when someone flies just under the radar for being a nuisance. Some members of the Ad- Hoc committee felt the need to have a clause in the ordinance that would allow landlords to remove troubled tenants.

Staff Comments
Staff strongly disagrees with this recommendation as it contradicts the fundamental principles of just cause eviction and tenant protections.

Granting landlords the ability to remove tenants without a valid reason would undermine the purpose of ensuring fairness and preventing arbitrary evictions. It could potentially lead to exploitative practices where landlords prioritize higher-paying tenants or unjustly retaliate against tenants exercising their rights. Landlords can identify any number of tenants as “troubled” based on little factual evidence. Upholding the principles of just cause eviction is crucial to maintain a balanced and equitable rental market that protects the rights and well-being of both tenants and landlords.

Recommended Changes
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Rational
By implementing a limitation on how far back landlords can go to utilize unused rent increases, the proposed changes in the ordinance aim to prevent confusion and disputes between landlords and tenants. Under the current provision, landlords can potentially reach back several decades to utilize accumulated unused rent increases. This unrestricted timeframe can result in challenges for tenants who may not have maintained records or documentation to verify whether their landlord has indeed banked unused rent.

Introducing a specific limit on the timeframe for banking rent increases would provide clarity and transparency for both parties involved. It would enable tenants to more easily track and verify the utilization of unused rent increases by their landlords, minimizing the potential for disputes and ensuring fair treatment. By addressing this issue, the proposed changes seek to promote a more harmonious and transparent relationship between landlords and tenants within the rental community.

9.30.033 Rent Based Termination
The Ad-Hoc Committee expressed concerns regarding the complexity and lack of clarity in the banking provision of Chapter 9.30. Currently, the provision allows landlords to carry forward unused rent increases from previous years and bypass the requirement of offering relocation assistance. Landlords can bank up to 3 years' worth of unused rent, which amounts to 21%, but they are restricted from using more than 15% of the banked rent at any given time. Furthermore, there is no specific limitation on how far back a landlord can “look-back” to bank rent increases.

To address these issues, the Ad-Hoc Committee recommends implementing additional changes to simplify the tracking of such increases. One proposed change is to reduce the look-back period to two or three years, making it easier to monitor and manage the banking of rent increases. Additionally, it is crucial to clarify that the banking provision should transfer from the prior owner to the new owner, ensuring continuity and consistency in the application of banking rules.

Recommended Changes
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Staff Comments
Staff acknowledges the necessity of implementing a look-back limit to enhance the clarity and streamline the regulation of the banking provision.

In order to simplify and bring consistency to the process, staff recommends a two-year look-back period. This limited timeframe would ensure that landlords can only utilize unused rent increases accumulated within the past two years.

Furthermore, staff proposes aligning the total banked amount with the maximum utilization limit of 15% at any given time. Currently, the provision allows landlords to bank up to 21% of unused rent increases, which is an arbitrary figure that adds unnecessary complexity to the regulation. By matching the total banked amount with the utilization limit, staff aims to eliminate confusion and provide a more straightforward and equitable approach for both landlords and tenants.

Recommended Changes
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9.30.035 Required Payment of Relocation Fee
3 times the greater of Tenant’s current monthly Rent in effect or the FMR for a comparable unit plus two thousand dollars ($2,000).
2x Actual rent + value of security deposit; with possible escalator for larger projects. ((2x FMR) +$2000) x CPI; Council review every 5 years.

The Ad-Hoc Committee discussed simplifying the relocation calculation sections for both Just Cause Eviction relocation and rent increase relocations and including an escalation factor or a review mechanism. This section will be divided into two parts, Just Cause Eviction Relocation and Rent Increase Relocation.

Just Cause Eviction Relocation
The current Just Cause eviction relocation calculation in Chapter 9.30 involves multiplying the Fair Market Rent (FMR) for a comparable unit by two, and then adding $1000. The FMR, provided by HUD annually, represents the Market Rents for different bedroom sizes. However, the Ad-Hoc Committee has noted that the FMR released by HUD is often outdated and does not accurately reflect the current rental market conditions.

Consequently, the committee believes that the existing formula for calculating relocation assistance is dated and fails to provide adequate support for tenants facing eviction through no fault of their own.

To address this issue, the Ad-Hoc Committee recommends revising the relocation calculation formula to better align with the actual market conditions. By incorporating a more representative measure, such as an updated and accurate market rental rate, the proposed formula would ensure that tenants receive fair and appropriate assistance when faced with involuntary displacement.

Moreover, the committee suggests implementing an escalation mechanism as part of the formula to avoid the need for frequent adjustments in the future. This proactive approach would provide a long-term solution, reducing the necessity of revisiting the topic periodically to accommodate changing market dynamics. Some suggestions for formulas that the committee discussed include:

For further consideration, the Committee suggested differentiating between small owners and multiple owners. If the total number of units were a higher count, then the value of relocation could increase and consider whether the landlord owns in the aggregate less than 4 units and/or lives on the property.

Recommended Changes
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Rational
The original formula for Just Cause Eviction relocation, established in 2001, was considered reasonable and even above market standards at that time. However, over the years, the rental landscape has evolved significantly, and the relocation fees offered in Glendale no longer align with current trends. In comparison to neighboring areas such as Los Angeles County where minimum relocation assistance for a 2 bedroom is $10, 797 compared to Glendale's maximum relocation payment for a 2 bedroom of $5,444 for any tenant falls significantly short. For Los Angeles City, the minimum relocation amount for any tenant starts at $9,900.

By adopting these proposed changes, the relocation assistance calculation would be more responsive to the current rental market, enabling displaced tenants to receive adequate support and helping to alleviate the financial burden associated with involuntary evictions.

The rationale behind differentiating between larger property owners and smaller mom-and-pop owners in relation to relocation fees is to prevent an unfair burden on the latter group. Recognizing that smaller-scale property owners may have limited resources compared to larger entities, the intention is to ensure that they are not disproportionately impacted by higher relocation costs.

Recommended Changes
26 Staff Comments
Staff acknowledges the need to update the formula for relocation assistance but disagrees with the proposal to differentiate between larger property owners and smaller mom-and-pop owners. Such differentiation could introduce unnecessary complexity and complications into the ordinance, contrary to the goal of simplifying it.

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Staff Comments - Continued
Implementing a system to identify and track mom-and-pop landlords who own fewer than four units would be challenging. Many property owners hold their properties under limited liability companies (LLCs) or other legal entities, making it difficult to accurately determine their ownership status.

Instead, staff suggests focusing on creating a fair and consistent formula for calculating relocation assistance that is applicable to all property owners, regardless of their size. Staff recommends looking into the possibility of differentiating between tenants who are 62 years of age or older and/or handicapped.

Recommended Changes
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9.30.035 Required Payment of Relocation Fee
Rent Increase Relocation Calculation
Currently, under the rental rights provisions, landlords are required to offer relocation assistance if the rent is increased by more than 7%. The calculation for the relocation assistance varies based on the number of units in the property. For properties with 3 to 4 units, the calculation is 3 times the current rent. For properties with 5 or more units, the calculation takes into account the tenant's income. If the tenant's income is below 130% of the Area Median Income (AMI), the formula includes an additional factor, the multiplier becomes the number of years the tenant has resided in the unit, ranging from 3 to 6 maximum. If the tenant's income is above 130% of AMI, the calculation is 3 times the proposed rent.

The committee recommends simplifying the formula for relocation assistance and eliminating the AMI requirements. Additionally, they propose establishing a single value for relocation assistance.

Recommended Changes
28 Rational
The suggested changes to the relocation assistance formula in the Rental Rights program aim to address the complexity and challenges currently associated with determining the assistance amount. The existing formula, with its variations based on unit size, tenant income, and length of tenancy, can lead to confusion and difficulties in calculation.

By removing the AMI requirements and implementing a single value for relocation assistance, the revised formula would treat all tenants equally when it comes to relocation benefits. This approach acknowledges that the costs and inconveniences of moving are not exclusive to lower-income individuals and should be taken into account regardless of income bracket.

The suggested revisions aim to ensure fairness and avoid penalizing tenants solely based on their income level.

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Rational - Continued
By streamlining the formula and removing the AMI requirements, both landlords and tenants would benefit from a clearer and more straightforward process. This would eliminate the need for extensive calculations and ensure that the relocation assistance amount is easily understandable and consistent for all parties involved.

Recommended Changes
29 Staff Comments
Staff agrees with the need to remove the AMI requirement.

Staff further suggests the need to remove the differentiation between properties with 3 to 4 units and those with 5 or more units, as this distinction does not necessarily align with the actual ownership structure. Many investors with 3 to 4 units are larger companies rather than small-scale landlords. Removing this differentiation would simplify the formula and ensure a more consistent approach.

Additionally, staff suggests retaining the connection between the formula and proposed rent increases, as this serves as a deterrent for landlords from implementing excessive rent hikes. The provision acts as a safeguard to prevent landlords from significantly raising rents due to the potential financial obligations associated with relocation assistance.

To streamline the formula, staff proposes a revised calculation that considers the number of years a tenant has resided in the unit, up to a maximum of 10 years, multiplied by the proposed rent increase. This simplified formula would provide a clearer method for determining relocation assistance in addition to accounting for the length of tenancy.

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Rational
By implementing these suggestions, the regulations surrounding relocation assistance would be updated to align with current standards and provide tenants with clearer guidance. The change to match state law would insure protection for a new batch of properties.

The changes to include the city website aim to ensure that tenants have easy access to relevant information and resources regarding their rights and responsibilities under the rental rights program.

9.30.035 Required Payment of Relocation Fee
Rent Increase Relocation – other suggestions
The Ad-Hoc Committee proposed modifications to one of the exemptions regarding relocation assistance for rent increases. Currently, the regulation excludes the payment of a relocation fee for rental units that obtained a certificate of occupancy after February 1, 1995. The committee suggests aligning the look-back period with AB 1482, which establishes a 15-year look back for such exemptions. This means any property built within the last 15 years is exempt, as opposed to properties built after 1995.

Additionally, the committee recommends incorporating a noticing requirement that would direct tenants to the City of Glendale's rental rights page when receiving rent increases that require the offer of a relocation assistance.

Staff Comments
Staff has no objections to the suggestions made by the Ad-Hoc Committee.

Recommended Changes
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Rational
The rationale behind considering a cap on attorney fees is to establish a fair and balanced approach in cases where a tenant takes legal action against a landlord but does not succeed in their claim. By implementing a cap, it ensures that landlords are not able to potentially accumulate exorbitant fees from tenants in such situations.

9.30.050 Affirmative defense and remedies.

During the deliberations of the Ad-Hoc committee, one member put forward the idea of incorporating a provision to cap attorney fees in the code. However, there were differing opinions among the committee members on this matter. Some members believed that the code should remain unchanged without a specific cap on attorney fees.

Staff Comments
Staff does not agree with the suggested change. Staff holds the viewpoint that implementing a cap on attorney fees could potentially discourage tenants from pursuing legal action against landlords as they may fear the financial consequences of an unsuccessful lawsuit.

The removal of a cap on attorney fees may pose challenges for tenants seeking legal representation, as it could potentially create financial constraints that limit their ability to secure legal assistance. Without the possibility of recovering attorney fees from the opposing party, tenants may face difficulties in finding attorneys willing to take their cases due to concerns about compensation for their services.

This situation raises important considerations regarding access to justice and the ability of tenants to effectively assert their rights in legal proceedings. The financial burden associated with attorney fees could deter tenants from pursuing legitimate claims or seeking legal remedies, ultimately impacting the fairness and balance of the legal process.

Recommended Changes
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Rational
Administrative fees can serve as an effective deterrent and provide a mechanism to enforce compliance with the rental rights regulations.

By implementing administrative fees, the City of Glendale can reinforce the importance of adhering to the provisions outlined in Chapter 9.30. These fees would serve as a financial consequence for landlords who fail to comply with the established rental rights program, encouraging better adherence to tenant protections and promoting a more equitable rental market.

9.30.070 Penalty for Violations
While the Ad-Hoc Committee did not provide specific feedback on the addition of administrative fees as penalties for violations of Chapter 9.30, staff is recommending that administrative fees be added.

Recommended Changes
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Other areas of considers
In addition to reviewing the specific provisions of Chapter 9.30, the Ad-Hoc Committee also explored broader strategies to address various aspects of rental rights and housing in Glendale. One significant topic of discussion centered around the implementation of a mechanism to track illegally constructed units and monitor the number of vacancies within the city.

By establishing a system to track illegal units, Glendale can enhance its ability to enforce housing regulations and hold landlords accountable for any violations. This proactive approach would contribute to maintaining a safe and habitable rental market for tenants while ensuring that landlords comply with legal requirements.

Furthermore, tracking units would allow for more effective enforcement of regulations and code compliance. By having a centralized database or system in place, authorities can streamline their efforts to investigate, inspect, and take appropriate actions against landlords who are engaging in illegal construction practices. This mechanism would not only deter future violations but also hold accountable those who disregard the well-being of tenants.

In addition, tracking these units can provide valuable insights into the scale and scope of the issue. It can help authorities understand the prevalence of illegal construction within specific neighborhoods or areas of the city, enabling targeted interventions and resource allocation.

Furthermore, the Ad-Hoc Committee discussed the possibility of implementing a vacancy tax. This tax, if adopted, could serve as an incentive for landlords to keep their rental units occupied, thereby addressing the issue of housing scarcity and discouraging the practice of keeping properties vacant for extended periods of time. The revenue generated from the vacancy tax could be utilized to support affordable housing initiatives or fund other programs aimed at addressing housing challenges in Glendale.

To strengthen enforcement efforts, the Ad-Hoc Committee proposed allocating additional resources for staffing. This would enable the city to dedicate more personnel to monitor compliance, conduct inspections, and respond to tenant complaints promptly. Greater staffing in code enforcement would enhance the effectiveness of enforcing rental rights regulations and ensure that tenants' concerns are addressed in a timely manner.

Overall, the Ad-Hoc Committee recognized that a comprehensive approach to rental rights involves not only the refinement of existing regulations but also the implementation of additional strategies to address broader housing issues. By exploring mechanisms for tracking illegal units, considering a vacancy tax, investing in code enforcement staffing, and conducting educational workshops and outreach, Glendale aims to create a more equitable and sustainable rental housing environment for all residents.

Recommended Changes
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Conclusion
34 This report has provided a comprehensive analysis of the Rental Rights Program in Glendale, along with the recommendations put forth by the Ad-Hoc Committee. Through this discussion, several key areas have been identified for improvement in the program.

These include aligning the program's title with public perception, updating legislative purpose, revising definitions and calculations, simplifying the banking provision, enhancing protections for tenants in illegally constructed units, expanding the nuisance definition, and reevaluating the relocation assistance formula.

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Appendix: Rental HousingCharacteristics
Median Gross Rent
Bedroom Size Rent (Census) Rent (Zillow)
Studio $1,471 $1,795
1 $1,577 $2,200
2 $2,060 $3,000
3 $2,442 $4,500
Total $1,835 $2,875
35 This overview aims to present the composition of the rental market in Glendale. The primary data source for this overview is the 2021 American Community Survey conducted by the United States Census Bureau. The 2021 American Community Survey is the latest data available through the Census. While certain details might be slightly dated, the US Census remains the most readily available and reliable data for analysis purposes.

Ad-Hoc Committee Suggestions on the Rental Rights Program Number of Housing Units
Occupancy Type # %
Owner-Occupied 25,211 33%
Renter-Occupied 45,620 60%
Vacant 5,389 7%
Total 76,220
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Appendix: Rental HousingCharacteristics
Number of Rental Units Based on Property Types
Property Size Units %
1 - Detached 4,312 9.5%
1 - Attached 1,245 2.7%
2 Units 1,471 3.2%
3 or 4 Units 4,238 9.3%
5 to 9 Units 9,667 21.2%
10 or more Units 24,498 53.7%
Other 189 .4%
36Ad-Hoc Committee Suggestions on the Rental Rights Program Number of Rental Units by Bedroom Size
Bedroom Size Units %
Studio 4,098 9%
1 14,499 31.80%
2 or 3 26,412 57.90%
4 or more 611 1.30%
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Appendix: Rental HousingCharacteristics
Years Structure Built - Rental Units
Year Units %
2020 or later 0 0%
2010 to 2019 3,744 8.20%
2000 to 2009 1,468 3.2%
1980 to 1999 9,985 21.90%
1960 to 1979 16,530 36.20%
1940 to 1959 8,775 19.20%
1939 or earlier 5,118 11.20%
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Marketing and
Outreach
Proposal for Rental Rights
Community Development - Housing 2023
ATTACHMENT 2

CITY OF GLENDALE
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Table of Contents

TABLE OF CONTENTS

EXECUTIVE SUMMARY

INTRODUCTION
GOALS

OUTREACH AND EDUCATION STRATEGY

COMMUNITY OUTREACH

CONCLUSION
1 2
3 4
5 11
18 PARTNERSHIPS AND COLLABORATIONS

EVALUATION AND FEEDBACK

TIMELINE
13 14
16 1
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Marketing Proposal
Executive Summary
This marketing plan outlines strategies and initiatives to promote the Rental Rights Program in Glendale. The objective is to raise awareness, educate the public, and ensure that tenants and landlords are well-informed about their rights and
responsibilities. By implementing effective marketing strategies, public outreach initiatives, and educational campaigns, we aim to foster a fair and equitable rental market in Glendale. 2 149 of 174

The Rental Rights Program in Glendale was established in response to the pressing issue of unaffordable rental rates and the need to address the challenges faced by tenants and landlords in the city. The program was designed to strike a balance between the interests of tenants and landlords, fostering a fair and equitable rental market for all stakeholders involved.

The Glendale City Council tasked the Ad-Hoc Committee with evaluating the marketing strategy for the rental rights program and coming up with new ideas and strategies that would better target landlords and tenants. The Ad-Hoc Committee's role was to gather insights, identify areas for improvement, and provide recommendations to develop a comprehensive marketing strategy that would effectively target both landlords and tenants.

Through collaborative discussions and analysis of the program's goals and objectives, the Ad-Hoc Committee generated valuable insights and suggestions to strengthen the marketing strategy. Staff utilized the Ad-Hoc Committee’s input in shaping a robust plan that aligns with the needs and preferences of the target stakeholders.

Building upon the Ad-Hoc Committee's recommendations, staff developed a comprehensive marketing strategy that employs various channels and tactics to maximize outreach and engagement. The strategy aims to raise awareness about the Rental Rights Program, educate the public about its benefits and provisions, and foster compliance among landlords and tenants.

Marketing Proposal
Introduction
Residents Served Phone Calls
7000+
Emails
1000 6000
3 ||
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1. Increase Awareness
Goals
The marketing and outreach efforts of the Rental Rights Program in Glendale are driven by several key goals and objectives. The primary goal is to increase awareness of the program among landlords and tenants in the city. This includes enhancing program visibility, improving understanding of the Rental Rights Program and its benefits, and expanding program recognition through strategic marketing initiatives. Staff developed the strategy in this report with the following goals in mind:

2. Promote Engagement

3. Provide Education and Resources
4 Marketing Proposal
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Marketing Proposal
Outreach and Education Strategy
5 Website and Online Presence
New Webpage
Recognizing the need for a more user-friendly online platform, the Rental Rights Program staff has taken the initiative to revamp its existing website. The current website has been deemed “clunky” and “difficult” to navigate, hindering users' ability to access vital information about tenant rights and landlord obligations. To address these issues, staff is working to develop a new website that provides an enhanced user experience.

The redesigned website will prioritize user-friendly navigation, intuitive design, and clear content organization. Users will be able to easily find the information they need, whether it pertains to the program overview, tenant rights, landlord obligations, frequently asked questions, or contact details. The content will be presented in a concise and digestible manner, ensuring that users can quickly grasp the key concepts and provisions of the Rental Rights Program.

The development of this new website is a significant step forward in improving program accessibility and providing comprehensive information to stakeholders. The website will be available in multiple languages to allow for further accessibility. It will serve as a centralized hub where tenants and landlords can access vital resources and gain a better understanding of their rights and responsibilities. Through a more user-friendly and inclusive website, the staff aims to empower individuals with knowledge and promote transparency within the rental market in Glendale. 152 of 174

Marketing Proposal
Outreach and Education Strategy
6 Website and Online Presence
Social Media
Staff recognizes the importance of leveraging social media platforms to engage with the community and effectively disseminate information. Working with our Public Information Office the program will establish a strong presence on popular social media platforms such as Facebook, Twitter, and Instagram, allowing for direct communication with the target audiences.

The primary objective of the Rental Rights Program's social media strategy is to keep the community informed and educated about tenant rights, landlord obligations, and program updates. Staff will regularly share valuable information, including program announcements, educational resources, relevant news articles, and important updates on rental regulations.

Campaigns may include informative videos, infographics, testimonials, and success stories to highlight the benefits of the program and showcase real-life examples of how it has positively impacted tenants and landlords in Glendale. By using compelling visuals and relatable narratives, the program can effectively communicate its objectives and encourage community members to actively participate and take advantage of the resources and protections offered by the Rental Rights Program. 153 of 174

One of the key advantages of utilizing social media platforms as part of the Rental Rights Program's marketing strategy is the ability to reach and engage with an audience that might not be easily targeted through traditional means of marketing.

Social media platforms provide a unique opportunity to connect with diverse demographic groups, including younger renters, tech-savvy individuals, and those who may not be actively seeking information through traditional channels such as print media or local events.

Through targeted advertising and content promotion, the Rental Rights Program staff can specifically tailor its social media campaigns to reach these specific audience segments. Platforms like Facebook, Twitter, and Instagram offer powerful targeting tools that allow the program to narrow down its audience based on factors such as age, location, interests, and even rental status. By utilizing these tools, the program can ensure that its messages and resources are reaching the right individuals who can benefit from the Rental Rights Program.

Social media also offers the advantage of virality and organic reach. When individuals find value in the content shared by the Rental Rights Program, they are more likely to share it with their own social networks. This can lead to a ripple effect, where information about the program spreads organically, reaching a wider audience that may not have been initially targeted. By creating compelling and shareable content, such as informative videos, infographics, or tenant testimonials, staff maximize its reach and impact within the community.

Marketing Proposal
7 Social Media
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To effectively educate and inform both landlords and tenants about their rights and responsibilities under the Rental Rights Program, a comprehensive range of educational materials will be developed. These materials will serve as valuable resources that individuals can refer to for guidance and understanding of the program's key components.

Staff will create visually appealing and informative brochures, pamphlets, and flyers that concisely outline the program's objectives, tenant rights, landlord obligations, and key program features. These printed materials can be distributed at community centers, libraries, local businesses, and other public spaces where they are easily accessible to the target audience. They will serve as handy references that individuals can take with them and refer to when needed.

Staff will produce educational videos or host webinars to provide in-depth explanations of important topics related to tenant and landlord rights. These videos can cover subjects such as lease agreements, eviction processes, maintenance responsibilities, and dispute resolution. They will be shared on the program's website and social media platforms to reach a wider audience and allow individuals to access the information at their convenience.

Marketing Proposal
Outreach and Education Strategy
8 Educational Materials
In addition to staff will develop a newsletter
to keep stakeholders informed and
engaged with the Rental Rights Program.

A newsletter can serve as a regular
communication tool to provide updates,
share educational resources, and highlight
important events or changes related to the
program. By crafting informative and
engaging content, the newsletter can help
build a sense of community and encourage
ongoing participation. The newsletter can
include articles, tips, success stories, and
relevant information to address the
interests and concerns of both landlords
and tenants.
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The program website will serve as a central hub for downloadable resources, offering a comprehensive collection of informative materials that individuals can access and refer to at any time. These resources may include guides, checklists, sample forms, and templates related to rental agreements, maintenance requests, and dispute resolution.

By providing downloadable resources, staff ensures that individuals have easy access to the necessary tools and information to navigate their rental rights effectively.

To promote these educational materials, the Rental Rights Program staff will integrate them into its overall marketing strategy. They will be featured on the program website, shared on social media platforms, and distributed during community outreach events and workshops. Collaborations with local organizations, such as community centers, schools, and nonprofit agencies, will also be established to disseminate the materials to a wider audience.

Marketing Proposal
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To ensure maximum outreach and engagement, the program will employ targeted mailers, bill insertions, and property-specific distribution of printed materials. These efforts will enhance the program's visibility and provide valuable resources directly to residents and landlords in Glendale.

Marketing Proposal
10 Targeted Mailers
The staff will implement a targeted mailing campaign to reach all residential properties in Glendale. Large mailers will be sent to all households in Glendale, providing an overview of the Rental Rights Program, important contact information, and key highlights of tenant and landlord rights. By directly reaching residents in their mailboxes, the program ensures that important rental rights information reaches every household in the community.

Printed Material in GWP Billings
The Glendale Water and Power (GWP) billings present an excellent opportunity to reach a wide audience. The Rental Rights Program staff will cooridnate with GWP to include printed materials, such as brochures or informational inserts, in their bill mailings. By utilizing the existing bill distribution process, the program can effectively engage residents and landlords with vital rental rights information while minimizing additional costs and logistics.

Brochures for Newly Purchased Properties
To ensure that landlords are well-informed, the program will distribute brochures to newly purchased properties. These brochures will be provided to property owners or management companies during the transfer of ownership process. By proactively reaching out to new property owners, the program ensures that they are aware of their obligations and have access to resources that support compliance with rental rights regulations. This approach helps in establishing a strong foundation of awareness and adherence to the program from the early stages of property ownership.
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Marketing Proposal
Community Outreach
11 The Ad-Hoc committee recognizes the significance of direct engagement and face-to- face interactions in building trust, fostering understanding, and disseminating crucial information. To maximize community outreach, the program will implement a series of initiatives that aim to connect with residents, landlords, and relevant stakeholders.

These initiatives include community workshops and seminars, collaboration with local organizations and tenant advocacy groups, and active participation in local events relevant to residential rental market.

Staff will organize informative workshops and seminars to educate residents and landlords about their rights and responsibilities under the program. The workshops and seminars will provide a platform for participants to ask questions, seek clarifications, and receive guidance from program representatives.
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To enhance the effectiveness of community workshops and seminars, the Rental Rights Program staff will adopt a targeted approach by organizing intimate events in specific neighborhoods, on a monthly basis in varies languages. This approach is a result of valuable insights gained from past events, where large-scale community-wide workshops did not yield significant attendance. By shifting to smaller, neighborhood- focused workshops, the program aims to create a more intimate and engaging environment that encourages active participation and fosters meaningful interactions.

The targeted workshops and seminars will be strategically planned to cover different neighborhoods throughout Glendale, ensuring comprehensive outreach and participation from residents across the city. Each month, a specific neighborhood will be selected as the focal point for the workshop, and efforts will be made to ensure that all neighborhoods are included in the rotation. By rotating the locations, the program ensures that residents from every part of Glendale have the opportunity to attend a workshop in their vicinity.

To expand the reach and impact of the Rental Rights Program, collaborative partnerships will be forged with local organizations and tenant advocacy groups. These partnerships will enable the program to tap into existing networks and leverage their expertise and resources in reaching the target audience. By working closely with these organizations, the program can access their platforms, newsletters, and events to disseminate information and raise awareness about rental rights. Additionally, collaboration will facilitate the sharing of insights and best practices, enhancing the overall effectiveness of the program. Some suggestions by the Ad-Hoc Committee for community partners include the Department of Motor Vehicles, Glendale Community College, Verdugo Job Center and local churches and schools.

The Rental Rights Program staff will also actively participate in local events that are relevant to Housing, such as community fairs, neighborhood gatherings, and housing expos. These events provide an excellent opportunity to engage with the target audience directly, interact with community members, and distribute program materials.

Program representatives will be present at booths or designated areas to engage in conversations, address queries, and provide on-the-spot information about rental rights.

By actively participating in local events, the program establishes a visible presence, builds trust, and creates avenues for ongoing communication with the community.

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Staff recognizes the importance of forging partnerships and collaborations to amplify its impact and reach a wider audience. By working together with property management companies and landlord associations, the program can establish fruitful collaborations that benefit both landlords and tenants. These partnerships can facilitate the dissemination of program information, training sessions, and educational materials to a larger network of property owners and managers. By actively engaging property management companies and landlord associations, the program can ensure that the rental rights message reaches a broad spectrum of stakeholders within the rental housing industry in Glendale.

Collaborating with the Glendale Tenant Union (GTU) is another key avenue for expanding the program's reach and strengthening its advocacy efforts. The GTU is a prominent tenant advocacy group in Glendale, representing the interests of tenants and working towards ensuring affordable and fair housing. By partnering with the GTU, the Rental Rights Program staff can tap into their expertise, knowledge, and community networks. Collaborative initiatives may include joint educational workshops, co-hosted events, and mutually beneficial outreach efforts. This partnership can provide valuable insights, foster community engagement, and promote a unified approach towards rental rights in Glendale.

Through these partnerships and collaborations, the Rental Rights Program staff can leverage existing networks, resources, and expertise to reach a wider audience and foster a stronger community of renters, landlords, and tenant advocates. By working together, the program can expand its outreach efforts, share valuable information, and create a supportive network that champions the rights and responsibilities of all stakeholders in the rental housing market.

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Partnerships and Collaborations
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Program Awareness: Monitor the level of program awareness among the target audience by measuring the percentage of landlords and tenants who are aware of the Rental Rights Program at different stages of the marketing campaign. Staff can do this pay conducting surveys among landlords and tenants to gauge their awareness of the Rental Rights Program.

Participation Rates: Track the number of landlords and tenants who actively participate in the program over time. Measure the number of participants in key outreach events, as well as the number of tenants and landlords who report compliance issues or seek assistance through program channels.

Stakeholder Feedback: Collect feedback from landlords and tenants to gauge their satisfaction with the Rental Rights Program. This can be done through feedback forms, online surveys, or direct communication channels. Pay attention to suggestions, concerns, and recommendations shared by stakeholders and use them to make improvements.

Website and Social Media Analytics: Monitor website traffic, engagement metrics, and social media analytics to assess the effectiveness of online marketing efforts. Track metrics such as page views, click-through rates, social media shares, and comments to gauge audience engagement and interest.

Data Analysis: Regularly analyze the collected data to gain insights into the effectiveness of specific marketing channels, messages, and campaigns.

Identify trends, patterns, and areas for improvement. Look for correlations between awareness, participation rates, and feedback to understand the impact of the marketing strategy.

To measure the success of the marketing strategy for the Rental Rights Program, it is crucial to track key metrics and collect relevant data. Here's a breakdown of how staff will go about measuring and evaluating the strategy:

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Evaluation and Feedback
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Refinement and Optimization: Use the insights gained from data analysis to refine and optimize the marketing efforts. Adjust messaging, channels, or targeting strategies based on the data to maximize the impact of the campaign. Continuously test and experiment with different approaches to find the most effective methods for reaching and engaging the target audience.

Ongoing Evaluation: Establish a schedule for regular evaluation and review of the marketing strategy. Set milestones and checkpoints to assess progress and make necessary adjustments. Consider conducting periodic reviews with stakeholders to gather additional insights and perspectives.

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Month 1
Finalize the design and development of the Rental Rights Program website.

Begin optimizing the website for search engines and ensuring its responsiveness across different devices.

Develop and publish engaging and informative content on the website, including program details, tenant rights, landlord obligations, and frequently asked questions.

Conduct surveys to assess the community's current level of awareness and understanding of the Rental Rights Program.

Month 2
Launch the new Rental Rights Program website, making it accessible to the public.

Begin development of print material.

Develop a timeline of community meetings and begin booking venues.

Begin sending out monthly newsletters.

Month 3-4
Print and distribute educational materials, including brochures, pamphlets, and flyers.

Establish social media accounts (e.g., Facebook, Twitter, Instagram) dedicated to the Rental Rights Program.

Develop a content calendar and create engaging posts to raise awareness, educate the community, and promote the benefits of the program.

Forge partnerships and collaborations with property management companies, Landlord/Tenant associations, and community
groups.
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Timeline
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Month 5-6
Include program information and resources in GWP billings and new property owner welcome packets.

Begin Monthly community workshops and seminars in specific neighborhoods, ensuring comprehensive coverage across
Glendale.

Launch targeted social media advertising campaigns to reach a broader audience.

Month 7-8 Print and distribute educational materials, including brochures, pamphlets, and flyers.

Month 9-10
Evaluate the effectiveness of the marketing strategies through data analysis, including website analytics, social media engagement metrics, and workshop attendance records.

Gather feedback from program participants through surveys, focus groups, and interviews.

Compile evaluation reports and identify areas for improvement.

Month 11
Review the evaluation reports and make recommendations for optimizing the marketing plan.

Refine marketing strategies based on the insights and feedback gathered.

Prepare a summary report highlighting the achievements and impact of the marketing efforts.
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Marketing Proposal
18 This marketing plan provides a comprehensive framework to promote the Rental Rights Program in Glendale. By implementing the outlined strategies and initiatives, we aim to raise awareness, educate the public, and ensure that tenants and landlords are well- informed about their rights and responsibilities. With effective marketing and outreach, we can foster a fair and equitable rental market in Glendale.

Conclusion
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ANNUAL
2023 Community Development - Housing
01/07/2025
ATTACHMENT 3
Tenant Dispute
Resolution and
Mediation

CITY OF GLENDALE
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1 Introduction
This report presents the findings and recommendations of the Ad-Hoc Committee's discussion on mediation programs and their potential implementation. The Ad-Hoc Committee was tasked with assessing the feasibility and desirability of establishing a mediation program to address various issues, including rent increases, security deposits, evictions, habitability, and relocations. The purpose of this report is to outline the committee's consensus, highlight differing perspectives on program parameters, and propose a way forward.

Background
Tenant-landlord mediation/or dispute resolution programs are services offered by government agencies or community organizations that aim to resolve disputes between tenants and landlords. These programs provide a neutral, third-party mediator who can help both parties to negotiate a resolution to issues such as rent increases, repairs, or changes to lease terms.

The cities that were identified as having these types of programs include:
• Berkeley
• Burbank
• Camarillo
• Campbell
• West Hollywood
• Los Gatos
• Marin County
• Mountain View
• Sacramento
• San Rafael
• Santa Barbara
• Santa Monica

Fearing that the report might become repetitive with multiple similar examples, staff has made a conscious decision to keep the report concise and avoid redundancies. Consequently, the report will primarily concentrate on three agencies with programs unique from one another.

Marin County
Marin County’s Rental Housing Dispute Resolution Program, also known as "Mandatory Mediation," assists landlords and tenants in resolving disputes related to rent increases. The program requires landlords to participate in mediation if they wish to raise rents by more than 5% over a 12-month period. The program covers residential dwelling units in the Town of Fairfax, Unincorporated Marin County, and the City of San Rafael.

The program not only addresses rent increase disputes but also handles other landlord-tenant issues, such as security deposit returns or necessary repairs to rental units, although participation in these cases is not mandatory.
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2 To initiate mediation, individuals in Marin County can submit their requests online or through paper submission. The Consumer Protection Unit of the Marin County District Attorney's Office oversees the mediation process, which operates separately from the Housing Department. The expected timeline for resolution is approximately 8-12 weeks.

In 2022, Marin County received 287 mediation requests, and 118 cases were mediated in some form. There are no costs to residents associated with the program. The program is staffed with two mediators, including one bilingual mediator. The funding for the program comes from court filing fees and a Joint Powers Authority with the towns and cities in the county, although an exact budget estimate was not provided.

Similarly, LA County operates a comparable mediation program through the LA County Department of Consumer and Business Affairs (LACBA). LACBA provides mediation services for a variety of disputes, including those between landlords and tenants, businesses and customers, neighbors, family, and contracts. They offer telephone, online, and in-person mediation options, with bilingual services available to accommodate individuals with limited English proficiency.

Burbank
The City of Burbank operates an informational program through its Landlord-Tenant Commission, primarily focusing on resolving residential landlord-tenant disputes and serving as an informational resource. The commission serves as a resource for individuals seeking mediation services and information regarding residential properties.

The program addresses various types of disputes, including rent increases, evictions, relocation fees, habitability concerns, and lease agreements, among others. Individuals seeking assistance from the commission can submit an intake form online or in person. Eligibility requirements include not working with a lawyer and completing the form accurately.

The program is operated by the City of Burbank through its Landlord-Tenant Commission. A commissioner from the commission typically reaches out to members of the public within 24-48 hours of receiving the intake form. Resolutions may be achieved on the day of contact or within a week, depending on the complexity of the situation.

In 2022, the program received 87 intake forms involving evictions, rent increases, relocation fees, habitability concerns, and lease agreements. There are no costs associated with the program for members of the public.

The Landlord-Tenant Commission consists of volunteers appointed by the City Council. A city staff member acts as a liaison, overseeing form assignments, agendas, and meeting minutes.

The Housing Authority Manager and Housing Specialist attend meetings to review procedures and provide updates to the commission and members of the public.

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3 The program is funded by the City of Burbank, as part of its larger housing program, and does not have separate funding. The staff involved in the program includes a Housing Authority Manager, a Housing Specialist, and an Intermediate Clerk. According to Burbank staff, the program requires minimal time and functions as an information-based program without providing legal advice. Ultimately, decisions are made by the tenant or landlord.

Santa Monica
The City of Santa Monica, as part of the rent control program, provides a mediation program to assist in resolving disputes between tenants and landlords.

The mediation program covers various types of disputes, including rent decrease petitions, construction-related rent decrease petitions, base rent, and amenities petitions, among other things.

To file a complaint, individuals must complete an online petition, which is then sent to either the Hearings Department or a mediation facilitator. Parties are notified of hearings at least ten days in advance, and if deemed appropriate for mediation, a trained mediator is assigned to the case. The mediator helps identify issues and facilitates a mutually acceptable solution. Appeals are heard by the Rent Control Board.

The mediation program is operated by the City of Santa Monica as part of its Rent Control program. The expected timeline for resolution is currently longer than their 180-day regulation requirement.

In terms of case numbers, there were 101 cases addressed in 2022.

The program is financed by annual registration fees paid by owners of rent-controlled units, with the option for owners to transfer half of the fee to the tenant. There are no additional costs for parties to utilize the program.

The staffing for the Rent Control department includes a Hearings Department Manager, an Office/Budget Coordinator, a Hearing Specialist, a Hearing Investigator, three Hearing Officers, and one as-needed Mediator. The budget and funding specifics for the mediation program within the Rent Control department are not specified, but the overall budget for Santa Monica's Rent Control program is over $5 million.

City of Glendale
Past Mediation efforts in Glendale
In early 2002, in response to concern for tenant and landlord relationships regarding matters of habitability and rent, a rent mediation program was pursued by the Glendale City Council. The program concept was to provide a City operated mechanism for review of rent increases, eviction notices, etc., in an effort to limit excessive increases or retaliatory actions that cause evictions. In response to a proposal from the then formed Glendale Apartment Association, a 169 of 174

4 voluntary rent mediation was formulated and partially funded by the City ($15,000 for education and outreach funded by CDBG).

However, in August 2002, the voluntary program had to be discontinued. The Glendale Apartment Association was unable to garner voluntary participation, leading to it’s discontinuation. The challenges in soliciting participation from landlords and tenants contributed to the program's inability to effectively operate and achieve its intended goals.

Current Process
While the report identifies several cities in California that have established mediation or tenant dispute resolution programs, it's important to note that Glendale's Rental Rights Program may be sufficient in addressing tenant-landlord disputes.

The Rental Rights Program in Glendale already provides assistance and counseling to tenants and landlords, as well as an informal process for resolving disputes related to rent increases, security deposits, and repairs. The program also offers education and outreach to both landlords and tenants to promote understanding of the rights and responsibilities of each party.

Through an informal process, Rental Rights staff has served as a mediator between Tenants and Landlords since the inception of the program. Introducing a separate mediation program would necessitate additional financial resources for its implementation and maintenance, including funding for staff salaries, training, administrative costs, and other program-related expenses.

Given that the Rental Rights Program is effectively fulfilling the role of mediation, allocating additional resources to duplicate the efforts seems unnecessary and inefficient.

Instead of introducing an additional mediation program, an alternative recommendation is to enhance the enforcement capabilities of the existing Rental Rights Program in Glendale. While the Rental Rights Program has been successful in mediating cases between tenants and landlords, bolstering its enforcement powers would provide a more comprehensive solution to address rental disputes effectively.

By granting the Rental Rights Program greater enforcement capabilities, it would have the authority to take stronger actions against parties who violate rental regulations or engage in unfair practices. This would empower the program to protect tenant and landlord's rights more effectively and discourage parties from engaging in illegal or exploitative behavior.

Enhanced enforcement capabilities could include:
• Increased Penalties: The program could propose the introduction penalties or fines for landlords found guilty of violations, ensuring that the consequences are more substantial and act as a deterrent.
• Compliance Inspections: Equipping the program with the ability to conduct inspections of rental units to ensure compliance with health, safety, and habitability standards would provide proactive measures to identify and rectify potential violations. 170 of 174

5 • Legal Support: Allocating resources for legal support within the Rental Rights Program would enable tenants to access legal advice and representation, enhancing their ability to navigate disputes and seek fair resolution.

By focusing on enhancing the enforcement capabilities of the Rental Rights Program, Glendale can ensure that tenant and landlord rights are protected and upheld in a more robust manner.

This approach leverages the existing infrastructure and expertise of the program while addressing the need for stronger enforcement measures to deter misconduct and ensure compliance with rental regulations.

Overview of Ad-Hoc Committee Discussion
During the committee's deliberations, it became evident that there was a consensus that a mediation program could bring benefits to the community. A majority of members agreed that such a program would be voluntary and non-binding in nature, aiming to facilitate constructive dialogue between parties involved in housing-related disputes.

A voluntary and non-binding program, as agreed upon by the majority of Ad-Hoc Committee members, refers to a mediation program that does not require participation. In this context, "voluntary" means that participation in the program is not mandatory or legally required. It is up to the parties involved, both tenants and landlords, to decide whether they want to engage in the mediation process.

The voluntary nature of the program allows parties to willingly enter into mediation, demonstrating their willingness to engage in dialogue and find a mutually acceptable resolution to their housing-related disputes.

Additionally, the program being "non-binding" signifies that the mediation outcomes and agreements reached through the process are not legally enforceable. Unlike a binding arbitration process where the decisions are legally binding and must be followed, a non-binding program encourages parties to reach a mutually satisfactory agreement through facilitated dialogue. The non-binding nature means that if either party is dissatisfied with the outcome, they are not legally obligated to adhere to it and can explore other avenues for resolution if necessary.

Although a few members expressed a desire for a mandatory binding program, the majority of the Ad-Hoc Committee agreed that a voluntary and non-binding approach would be more suitable for the mediation program. This type of a voluntary, non-binding program would be similar to the 2002 program established by the then City Council.

In contrast to a voluntary and non-binding program, a mandatory binding program would require all parties involved in housing-related disputes to participate in the mediation process.

Participation would be obligatory, and the decisions or agreements reached through mediation would be legally binding and enforceable by law.
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6 There was a general agreement among committee members that the program should encompass a wide range of topics to address the diverse needs of the community. These topics included but were not limited to rent increases, security deposits, evictions, habitability, relocations, and other common housing-related disputes. By covering a broad scope, the mediation program would have the potential to address a variety of pressing issues faced by tenants and landlords alike.

The Ad-Hoc Committee felt that a mediation/dispute resolution program provides a structured and neutral environment for tenants and landlords to communicate and resolve their conflicts.

By fostering open dialogue and understanding, these programs can help preserve relationships between the parties involved.

Furthermore, it was the Ad-Hoc Committees view that mediation allows for more flexible and customized solutions compared to court-imposed decisions. Tenants and landlords can actively participate in crafting agreements that meet their specific needs and circumstances.

Mediation programs can expedite the resolution of disputes. By providing a structured process and dedicated mediators, these programs aim to reach agreements efficiently. Timely resolution is beneficial for all parties involved, as it reduces stress, uncertainty, and the prolonged disruption that can arise from unresolved conflicts.

Overall the Ad-Hoc Committee felt that tenant/landlord mediation/dispute resolution programs promote effective communication, collaborative problem-solving, and timely resolutions. By providing a constructive platform for dialogue, these programs can benefit tenants and landlords by preserving relationships, reducing costs, and offering tailored solutions to their specific disputes.

While the Ad-Hoc Committee acknowledged the need for a mediation program, it also recognized several challenges associated with a voluntary approach. One of the key concerns is the reliance on the willingness of both tenants and landlords to participate in mediation.

Unfortunately, some landlords may choose not to engage in the process, leaving tenants without access to the benefits of the program.

The success of voluntary mediation heavily depends on the cooperation and good faith of landlords. However, due to the power imbalance in rental relationships, tenants may feel pressured or intimidated, fearing potential retaliation or negative consequences if they engage in mediation. This power dynamic can influence the fairness of agreements reached during the mediation process, as landlords often possess more resources and leverage.

Another limitation of a voluntary mediation program is that the outcomes are typically not legally binding. This means that landlords may not be legally obligated to comply with any agreements made during the mediation sessions. As a result, tenants may face challenges in 172 of 174

7 enforcing their rights or seeking legal remedies if a landlord refuses to uphold the terms of the agreement.

Ad- Hoc Committee Recommendations
Based on the discussions held and the perspectives shared by committee members, the following recommendations are proposed:
• Establish a voluntary, non-binding mediation program to address housing-related disputes.
• Design the program to cover a wide range of topics, including rent increases, security deposits, evictions, habitability, relocations, and other relevant issues. • Consider a hybrid model for program administration, combining a board or commission with dedicated staff.
• Develop clear guidelines for mediator qualifications, ensuring a balance between formal training, certification, and ongoing professional development. • Designing a formal process for tenants and landlords to access mediation services, ensure a structured and effective approach to resolving their disputes. • Conduct further research and stakeholder consultations to refine program parameters, taking into account local housing market conditions, legal frameworks, and community needs.

Another recommendation put forth by the committee was to conduct a trial run of the mediation program to assess its effectiveness before fully implementing it.

Potential Costs
Implementing a mediation program with voluntary participation, as recommended by the Ad- Hoc committee, incurs certain costs. One of the primary expenses is hiring a professional mediator to facilitate the meetings and ensure a fair and effective mediation process.

According to data from Salary.com, the salary range for a Mediator in California is approximately $51,082 to $81,473 per year. However, if a Mediator is also an attorney with specialized expertise, the salary range increases to $110,081 to $152,383 per year.

Considering the potential need for administrative support and other operational costs associated with running the mediation program, it is important to account for additional expenses. These costs may include administrative staff salaries, training and development, office space, technology, and program promotion.

Taking these factors into consideration, it is reasonable to estimate the total annual costs of the mediation program to be between $120,000 to $210,000. This estimation provides a range that encompasses the mediator's salary, administrative expenses, and other associated costs. 173 of 174

8 However, it is essential to conduct a comprehensive budget analysis specific to the program's requirements and available resources to arrive at a more precise cost estimate.

Conclusion
The Ad-Hoc Committee has recognized the potential benefits of a mediation program for addressing housing-related disputes. While differing perspectives on program parameters were evident, the Ad-Hoc Committee reached a consensus on a voluntary non-binding approach, encompassing a wide range of topics. By implementing the recommendations outlined in this report, the members believe that the community can benefit from an effective and inclusive mediation program that promotes constructive dialogue and amicable resolutions in the realm of housing disputes.
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