Agenda packet — Glendora City Council, April 26, 2022 (part 1 of 2)

SPECIAL NOTICE

IMPORTANT PUBLIC HEALTH AND SAFETY MESSAGE REGARDING

PARTICIPATION AT CITY COUNCIL MEETINGS

CHANGES AND ADDITIONAL OPPORTUNITIES RELATING TO PUBLIC MEETINGS All Brown Act meetings are subject to COVID-19 infection protocols. As of April 1, 2022, the City Council has determined that meetings will be considered in-person public “Brown Act” meetings for City of Glendora City Council, Board(s) and Commission(s) – for the period of time that the City is allowed to hold remote meetings under the cavalcade of public health orders, an elected or appointed official will have the ability to attend virtually, if needed. Due to the fluidity in which infection protocols are set and changed by Federal, State, and County the City will utilize a more flexible approach, that allows the City to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361, or as long as the Governors Declaration of Emergency is extended.

Ways to participate?
 In-Person;
 Virtually via Zoom Video Communications;
To participate in the meeting from the comfort of your own home or office download zoom on any phone or computer device and use the following meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224 Want to watch?
All our City Council meetings can be watched live through Internet Streaming at www.cityofglendora.org, and/or through Spectrum cable television Channel 3 and Verizon Channel 31.

Ways to provide public comment?
You may give public comment at the commencement of the meeting when the presiding officer calls for public comment. Speakers are limited to three (3) minutes, speaking once, on both on- and off-agenda items. If there are public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Please follow along with the meeting via www.cityofglendora.org/meeting, GlendoraTV cable channels, or City social media live feeds to ensure you call in at the appropriate time for your item(s). To ensure that the public is able to participate, the city is providing several methods in which the public can submit their comments:

OPTION 1: IN PERSON
Public Comments can be submitted via the Public Comment Card located in the back of the room and/or by the City Clerk desk at the front of the dais. Public Comment Cards should be submitted to the Clerk upon completion and before the closing of Public Comment or Public Hearing. When your name is called, please step to the podium and state your name before beginning your presentation.

OPTION 2: LIVE COMMENTS
Public is invited to participate via Zoom Video Communications by enter meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224. If you wish to address the governing board on any matter posted on the agenda or within subject matter jurisdiction should utilize one of the following protocols:

Utilizing “Raise Your Hand” Feature Utilizing “Chat” Feature Step 1. Virtually “raise your hand” using zoom, Step 1. Utilizing Chat function (Send a message to City Clerk and let them know which item(s) you wish to comment on (aka: Public Comment, Item #?)), Step 2. Wait to be called on by the City Clerk, Step 2. Wait to be called on by the City Clerk, Step 3. Unmute your audio, Step 3. Unmute your audio,
Step 4. Verbalize your comments (less than 3 minutes) Step 4. Verbalize your comments (less than 3 minutes) OPTION 3: E-MAIL
Public Comments can be submitted via email to [email protected] with the subject “Public Comment – Insert Governing Body and Meeting Date”. Public Comments received will be added to the associated Agenda Packet before 5:00 p.m. each day leading up to meeting (weekends and holidays excluded). Emails received in real time and prior to the commencement of Public Comment Period or Public Hearing and not already incorporated in the agenda will be read out loud (up to 3 minutes).

OPTION 4: MAIL
Public comments may be mailed to 116 E. Foothill Boulevard, Glendora, ATTN: City Clerk’s Department-Public Comment. The City Clerk will read public comments received out loud (up to 3 minutes) into the public record if received before 5 p.m. on the date of the meeting. Otherwise, public comments will be considered late correspondence and incorporated into the meeting minute record.

The City of Glendora thanks you in advance for your cooperation and support as we work to provide city services in new and creative ways. If you have any questions, feel free to contact the City Clerk’s Department at (626) 914-8210.

Meeting Date: 4/26/2022 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, APRIL 26, 2022
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
To participate virtually, download zoom on any phone or computer device and use the following meeting ID:
cityofglendora.org/zoom or https://zoom.us/j/9329247224

MAYOR/CHAIR
Karen K. Davis

MAYOR PRO TEM/VICE-CHAIR
Gary Boyer, District 3

COUNCIL/COMMISSIONERS
Michael Allawos
David Fredendall, District 2
Mendell Thompson, District 5

MEETING SCHEDULE
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m.

BROWN ACT
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on “all items” listed on the agenda and be in compliance with the open meeting laws.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.

LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month on City Website www.cityofglendora.org, Channel 3 (Cable) & Channel 31 (Verizon) and are replayed Thursday - Sunday the week following the meeting on Channel 3 (Cable) & Channel 31 (Verizon). All broadcasts can be viewed on Cox Communications Local Access Channel 3 and Verizon/Fios Channel 31. City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at cityofglendora.org/citymeetings.

Meeting Date: 4/26/2022 / Packet Page #: 2

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, APRIL 26, 2022
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
6:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session business will commence at 6:00 p.m., when scheduled, and General Business Session will commence at 7:00 p.m.

NOTICE IS FURTHER GIVEN that to participate virtually, download zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224

CALL TO ORDER

ROLL CALL

CLOSED SESSION
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code §54957 to discuss the process utilized to evaluate the positions of City Manager and City Attorney.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code §54956.8, enable the City Council and Housing Authority to consider negotiations with Paul S. Hansen, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1133 S. Grand Avenue, APN 8632-019-039. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property; and with 1839 Galveson LLC, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1138 S. Grand Avenue, APN 8641-001-03. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property.

3. CONFERENCE WITH LABOR NEGOTIATORS A closed session will be held, pursuant to Government Code §54957.6 to conduct labor negotiations.

City Negotiators: City Manager Raymond, City Attorney Wynder, Assistant City Manager Lopez, Administrative Services Director Marie Ricci, Human Resources Assistant Director Christina Alvarez
Employee Organization: Glendora Police Officers Association (POA) Meeting Date: 4/26/2022 / Packet Page #: 3

INVOCATION AND PLEDGE OF ALLEGIANCE
In permitting a nonsectarian invocation, the City does not intend to proselytize, advance, or disparage any faith or belief. Neither the City nor the City Council endorses any particular belief or form of invocation.  Invocation
 Pledge of Allegiance

STUDENT REPORTS
Student Reports are presented by representatives from of Charter Oak, Glendora, St Lucy’s Priory and Whitcombe High Schools. Presentations are made the fourth Tuesday of each month from September to April.

4. High School Student Representative Report

REORDERING OF AND ADDITIONS TO THE AGENDA

PUBLIC COMMENT
Three (3) Minute speaking time limit, speaking once, unless upon motion, such time is extended by the legislative body.

Any person may request to address a legislative body during a public meeting. Speakers are limited to three (3) minutes, speaking once, on both on- and off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items.

Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.

To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

5. Public Comments

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

6. Proclamation recognizing May 1 - 7, 2022 as "Professional Municipal Clerk's Week."

7. Proclamation recognizing May 1 - 7, 2022 as "Correctional Officer's Week."

PUBLIC HEARINGS - NONE

CONSENT CALENDAR
Items on the Consent Calendar will be enacted by one motion without individual discussion. There will be no separate discussion of these items unless a member of the governing body requests specific item(s) be removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be considered after the Consent Calendar is approved. Anyone wishing to address a Consent Calendar item should do so during the Public Comment Period.

8. Affirm minutes from April 12, 2022 City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Meeting CITY/AGENCY/AUTHORITY RECOMMENDATION: Affirm minutes as presented.

Meeting Date: 4/26/2022 / Packet Page #: 4

9. Consideration of a Resolution approving a Side Letter agreement to the Tentative Agreement for a Successor Memeorandum of Understanding (MOU) between the City of Glendora and the Glendora Police Management Assoication (PMA) 2020-2024
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL APPROVING A SIDE LETTER AGREEMENT TO THE

TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF GLENDORA AND THE GLENDORA POLICE MANAGEMENT ASSOCIATION (PMA).”

10. Adopt a Resolution allowing for the continued use of "In-Person Hybrid Approach" for City of Glendora Brown Act public meetings
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND WHEN APPLICABLE REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING MAY 1, 2022 THROUGH MAY 30, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361.”

MEMBER AGENDA ITEMS - NONE

UNFINISHED BUSINESS - NONE

NEW BUSINESS

11. Update on Boards/Commissions Recruitment for terms expiring June 30, 2022.

CITY RECOMMENDATION: 1. Based on the status outlined, provide direction on next steps.

12. Approve the Transfer Agreement with the Los Angeles County Flood Control District and Award a Contract Services Agreement To Craftwater Engineering, Inc. for design services for the Finkbiner Park Stormwater Capture Project in the Amount of $1,107,296 and a 10% contingency in the amount of $110,730 for a total not to exceed amount of $1,218,026. (Strategic Plan Item 46-IMCIF)
CITY RECOMMENDATION: 1. Approve the Transfer Agreement with The Los Angeles County Flood Control District in order to receive $2,581,286 of Measure W Regional Grant Funding over 2 years; 2. Award a Contract Services Agreement to Craftwater Engineering, Inc. for design of the Finkbiner Park Stormwater Capture Project in the Amount of $1,107,296 and a 10% contingency in the amount of $110,730 for a total not to exceed amount of $1,218,026;

3. Authorize the Public Works Director to execute any necessary change order in an amount not to exceed 10% or $110,730; 4. Authorize Administrative Services Director to adjust revenues and expenditures as needed to provide supplemental appropriation; and 5. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

Meeting Date: 4/26/2022 / Packet Page #: 5

13. Approve Agreements with Innovative Interfaces Incorporated to Cloud-host the Library Central Software System (Polaris) and for five-year License Agreements in an amount not to exceed $155,000 (STRATEGIC PLAN ITEM (45 - EMO))
CITY RECOMMENDATION: 1. Approve a Master Professional Services Agreement with Innovative Interfaces Incorporated for migration of existing Polaris infrastructure to Polaris Cloud, and cloud-hosting services and a five-year Perpetual License Agreement and Subscription License Agreement for an amount not to exceed of $155,000 ($31,000 annually);

2. Authorize an additional one (1) year term renewed for licensing agreements; and 3) Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

MEMBER/STAFF CLOSING COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Glendora City Hall bulletin board at 116 E. Foothill Boulevard and on the City of Glendora website at www.cityofglendora.org not less than 72 hours prior to the meeting in accordance with Government Code Section 54954.2.

Dated: April 22, 2022
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 4/26/2022 / Packet Page #: 6

NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of public meetings, proceedings, and business in the City of Glendora on February 9, 2021 (Resolution CC 2021-02) and go into effect on April 1, 2021.

City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at cityofglendora.org/citymeetings. For more information, please contact the City Clerk’s office at (626) 914-8210.

MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Agendas are available at the following locations:
• City Clerk's Office • Glendora Public Library Government Kiosk and Bulletin Board • Crowther Teen and Family Center Bulletin Board • City's web page at cityofglendora.org/citymeetings

PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting by submitting to the City Clerk a Speakers Request form and stating the topic to be addressed. Speakers Request forms shall be available at the Council Chambers throughout the council meeting.

Speakers are limited to three (3) minutes, speaking once, on both on- and off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.

CURFEW
In the absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn City Council meetings at 10:30 p.m. or as soon thereafter as is reasonably practicable. This means that under normal circumstance, the City Council will complete action on whatever agenda item is being discussed/debated at 10:30 p.m. after which the Presiding Officer shall adjourn the regularly scheduled meeting to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continue.

STAFF REPORTS
As a general rule, staff reports, or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72 hours prior to the scheduled City Council meeting for public inspection at Glendora City Hall, via public kiosks located in the City Clerk’s office and at the Glendora Public Library during regular business hours, and on the City’s website at cityofglendora.org/citymeetings. In addition, meetings can be viewed live at the time posted on the agenda and related staff reports can be opened and viewed simultaneously along with the streaming of the meeting at cityofglendora.org/citymeetings.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda after the posting of the agenda will be available for public review in the City Clerk''s Office, 116 E. Foothill Boulevard, Glendora, California, during normal business hours. In addition, such writings or documents will be made available for public review at the respective public meeting and via the City’s website at cityofglendora.org/citymeetings.

SUBMITTAL OF INFORMATION BY MEMBERS OF THE PUBLIC FOR DISSEMINATION MEETINGS Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting by emailing their comments and/or information to [email protected]. This information will be disseminated.

CITY SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
It is the intention of the City of Glendora to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Irvine will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (626) 914-8210 no later than 72 hours prior to the meeting. (28 CFR 34.102.104 ADA TITLE II).

Assisted listening devices are available at the meeting for individuals with hearing impairments. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35. 104 ADA Title II) For further information, please contact the office of the City Clerk at (626) 914-8210, or via e-mail at [email protected].

Meeting Date: 4/26/2022 / Packet Page #: 7
Item #6. Page 1
Meeting Date: 4/26/2022 / Packet Page #: 8
Item #7. Page 1
Meeting Date: 4/26/2022 / Packet Page #: 9

CALL TO ORDER
Mayor/Chair Davis called the meeting of the City Council, Successor Agency to the former Community Redevelopment Agency (CRA), and Housing Authority of the City of Glendora to order at 7:00 PM.

ROLL CALL
Council Members/Commissioners present: Michael Allawos, David Fredendall, Mendell Thompson, Mayor Pro Tem/Vice-Chair Gary Boyer, and Mayor/Chair Karen Davis Council Members/Commissioners absent: None
Staff present: City Manager/Executive Director Adam
Raymond, City/Agency Attorney William Wynder, Assistant City Manager Moises Lopez, Administrative Services Director/City Treasurer Marie Ricci, Public Works Director Alison Sweet, Community Services Director John Aguirre, Police Chief Matthew Egan, City Clerk/Communications Director Kathleen Sessman, Assistant Public Works Director Chisom Obeglu, Digital Media Specialist Craig Gill, Senior Digital Media Specialist Greg Morton, and Deputy City Clerk/Records Manager Elvia Harvey

CLOSED SESSION - NONE

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation Senior Pastor Hillary Chrisley of United Methodist Church.

The Pledge of Allegiance was led by City/Agency Attorney Wynder.

STUDENT REPORTS - NONE

REORDERING OF AND ADDITIONS TO THE AGENDA
No requests were made.

PUBLIC COMMENT

1. Public Comments
Mayor/Chair Davis OPENED the Public Comment period and inquired if any requests had been received to provide public comment.

City of Glendora Minutes
City Council, Successor Agency
and Housing Authority
Tuesday, April 12, 2022
Council Chamber
116 E. Foothill Boulevard
Virtually via Zoom ID 9329247224
Item #8. Page 1
Meeting Date: 4/26/2022 / Packet Page #: 10
Deputy City Clerk/Records Manager Dominquez announced that written correspondence and/or requests to provide public comments were received from the following: Audrey Teasdale, and Joe Cina.

There was no one else wishing to provide comment, therefore, Mayor/Chair Davis CLOSED the Public Comment period.

MEMBER STATEMENTS/REPORTS
Council Member/Commissioner Thompson commented on the return to in-person meetings and provided an update on the Metro Goldline project.

Council Member/Commissioner Allawos inquired about a leak reported over social media the past weekend at Sierra Madres and Cullen Streets; a recent carwash application and the amount of water used; commented on water conservation efforts and expressed a desire to see staff to consider ways to educate the public on water saving devices such as water flow meters and or nozzles.

Council Member/Commissioner Fredendall commented on the return of in-person meetings and reported on his attendance at an Independent Cities Association Seminar.

Mayor Pro Tem/Vice-Chair Boyer commented on the success of Camp Cahuilla and Trails day events; his attendance at Whitcomb High School awards event and the South Hills Community and stated that future opportunities to provide input will be scheduled and encouraged the public to get involved; announced the Easter Egg Hunts Saturday at Finkbiner and Gladstone Parks at 10:00 a.m.; Earth Day at City Hall on April 23, 2022 from 9:00 a.m. – 1:00 p.m., and the April 25, 2022 Joint Planning Commission and City Council meeting regarding the Housing Element.

Mayor/Chair Davis commented on the return to in-person meetings; announced that the month of April is “Donate Life month,” the upcoming Mayor’s Prayer Breakfast on April 27, 2022 at 7:30 a.m. at the Glendora Country Club; and acknowledged Los Angeles County Fire Chief Flores who was in attendance.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
No comments were made.

SPECIAL ITEMS

2. Proclamation recognizing April 10 - 16, 2022 as "National Public Safety Telecommunications Week."
Council Member Allawos read the proclamation into the record and presented it to Police Service Representative Michelle Harris who thanked the Council and accepted the proclamation on behalf of the Glendora Police Department dispatch team.

3. Presentation of a Proclamation declaring April 3 - 9, 2022 as "National Library Week."
Item #8. Page 2
Meeting Date: 4/26/2022 / Packet Page #: 11
Mayor Pro Tem Boyer read the proclamation into the records and presented it to Library Board Vice president Brianna Chew who thanked the Council and accepted the proclamation on behalf of the Board of Library Trustees.

4. Presentation on Water Supply Outlook and Drought Mitigation Actions.

Staff Report and PowerPoint was given by Assistant Public Works Director Obegolu.

PUBLIC HEARINGS - NONE

CONSENT CALENDAR
Mayor/Chair Davis announced Item #7 would be pulled from the Consent Calendar for separate discussion then requested a motion to approve the remaining items.

A motion was made by Council Member/Commissioner Thompson, seconded by Council Member/Commissioner Allawos, to approve Consent Calendar Items #5 through #9 as presented with the except of Item #7 which was pulled for separate discussion.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

5. Affirm minutes from March 22, 2022 City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Meeting.

The City Council, Successor Agency for the former Community Redevelopment Agency and Housing Authority affirmed the minutes as presented.

6. Review and affirm disbursements for March 2022 in the amount of $4,377,760.51.

The City Council, Successor Agency for the former Community Redevelopment Agency and Housing Authority affirmed the minutes as presented.

7. City of Glendora and Glendora Successor Agency Investment Report for February and March 2022
RECOMMENDATION: 1. Receive and file the Monthly Investment Activity Report for February and March 2022.

Item was pulled from Consent Calendar for separate discussion.

Assistant Finance Director Johnson gave a brief report on the item, then introduced UBS representatives in attendance: Lee S. Chen, First Vice President – Wealth Management, and James M. Giordano, Senior Vice President Wealth Management who answered various questions from the Council members.

Motion made by Michael Allawos and seconded by Gary Boyer to 1. Receive and file the Monthly Investment Activity Report for February and March 2022.

Item #8. Page 3
Meeting Date: 4/26/2022 / Packet Page #: 12
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

8. Accept The Notice Of Completion Of The Community Development Block Grant Program Funded Dawson Avenue, Pennsylvania Avenue, Washington Avenue and Mountain View Avenue Street Improvements, Plan Nos. 1334 And 1335, By Sequel Contractors, Inc. Of Santa Fe Springs, Ca (Strategic Plan Item 46 - IMCIF)
The City Council; 1. Accepted the Notice of Completion of the Community Development Block Grant Program Funded Dawson Avenue, Pennsylvania Avenue, Washington Avenue and Mountain View Avenue Street Improvements Project Plan Nos. 1334 and 1335, by Sequel Contractors, Inc., of Santa Fe Springs, CA; and 2. Authorized the Mayor to sign the Notice of Completion for recordation.

9. Renewal of the General Services Agreement with Los Angeles County to provide certain county services on an as-needed basis for a five-year period, commencing on July 1, 2022 through June 30, 2027
The City Council; 1. Adopted City Council Resolution CC 2022-14 entitled " A RESOLUTION

OF THE CITY COUNCIL APPROVING THE RENEWAL OF A GENERAL SERVICES

AGREEMENT BETWEEN THE CITY OF GLENDORA AND THE COUNTY OF LOS ANGELES FOR A FIVE-YEAR PERIOD, COMMENCING ON JULY 1, 2022 THROUGH JUNE 30, 2027;" and 2. Authorized the Mayor to execute said Agreement.

MEMBER AGENDA ITEMS - NONE

UNFINISHED BUSINESS - NONE

NEW BUSINESS

10. Comprehensive update on the services to individuals experiencing homelessness, and award of contracts to L.A. CADA AND Union Station Homeless Services (STRATEGIC PLAN 55-ISHS AND 57-ISHS)
RECOMMENDATION: 1. Receive a comprehensive update on the services provided and efforts undertaken to assist individuals experiencing homelessness in the City; 2. Receive an update on the Sub-Regional Homeless Housing Program (Strategic Plan Item 55-ISHS) and provide direction on future housing opportunities; 3. Award a Professional Services Agreement to the Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) in the amount of $250,000 a year for a two-year term for homeless services and temporary housing, for a not to exceed amount of $500,000; 4. Authorize the City Manager, or his designee, to execute the two-year Professional Services Agreement with L.A. CADA, with one one-year extension, including making minor non-substantive changes; 5. Authorize the Administrative Services Director to appropriate a total of $500,000 for the Professional Services Agreement with L.A. CADA from the approved American Rescue Plan Act Expenditure Plan allocation to homeless services for the two-year term; 6. Award a Professional Services Agreement to Union Station Homeless Outreach Services (Union Station) in the amount of $100,000 for a one-year contract for case management services; Item #8. Page 4
Meeting Date: 4/26/2022 / Packet Page #: 13

7. Authorize the City Manager, or his designee, to execute a one-year Professional Services Agreement with Union Station, including making minor non-substantive changes; and 8.

Authorize the Administrative Services Director to appropriate $100,000 for the Professional Services Agreement with Union Station from the approved American Rescue Plan Act Expenditure Plan allocation to homeless services.

Staff report and PowerPoint was presented by Assist City Manager Lopez.

City Council discussion included homeless services provided prior to and throughout COVID; measures taken to clear encampments and hazardous waste left behind in surrounding hills; success of Human Services staff on providing homeless services; funding from county and state that can be attained via grants, American Rescue Plan Act (ARPA), and other means; request for staff to share the City’s survey with Los Angeles Homeless Services Authority (LAHSA); the need for continued partnership with Unions Station to continue to provide services; previously identified properties and options for homeless housing.

Mayor Pro Tem Boyer requested City Council support to direct staff to move forward with researching previously identified sites for either building and/or converting existing structures into homeless housing. The request was supported by Mayor Davis.

Council Member Allawos inquired how much Department of Housing and Urban Development (HUD) sponsored housing is currently in the City of Glendora.

A motion was made by Mendell Thompson and seconded by Gary Boyer to 1. Receive a comprehensive update on the services provided and efforts undertaken to assist individuals experiencing homelessness in the City; 2. Receive an update on the Sub-Regional Homeless Housing Program (Strategic Plan Item 55-ISHS) and provide direction on future housing opportunities; 3. Award a Professional Services Agreement to the Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) in the amount of $250,000 a year for a two-year term for homeless services and temporary housing, for a not to exceed amount of $500,000; 4. Authorize the City Manager, or his designee, to execute the two-year Professional Services Agreement with L.A.

CADA, with one one-year extension, including making minor non-substantive changes; 5.

Authorize the Administrative Services Director to appropriate a total of $500,000 for the Professional Services Agreement with L.A. CADA from the approved American Rescue Plan Act Expenditure Plan allocation to homeless services for the two-year term; 6. Award a Professional Services Agreement to Union Station Homeless Outreach Services (Union Station) in the amount of $100,000 for a one-year contract for case management services; 7. Authorize the City Manager, or his designee, to execute a one-year Professional Services Agreement with Union Station, including making minor non-substantive changes; 8. Authorize the Administrative Services Director to appropriate $100,000 for the Professional Services Agreement with Union Station from the approved American Rescue Plan Act Expenditure Plan allocation to homeless services; and 9.

Direct staff to move forward with researching previously identified sites for either building and/or converting existing structures into homeless housing.

Item #8. Page 5
Meeting Date: 4/26/2022 / Packet Page #: 14

11. Consider introducing for first reading an ordinance adding new sections 9.20.120 through

9.120.130 to Chapter 9.20 "Parks and Public Places," of Title 9 "Public Peace Morals and Safety," of the Glendora Municipal Code, to regulate homeless encampments on, near, or upon critical infrastructure, sensitive use property, or in areas of high fire risk.

RECOMMENDATION: 1. Waive further reading and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL ADDING NEW SECTIONS 9.20.120 THROUGH 9.20.130 TO CHAPTER 9.20, “PARKS AND PUBLIC PLACES,” OF TITLE 9 “PUBLIC PEACE MORALS AND SAFETY,” OF THE GLENDORA

MUNICIPAL CODE, TO REGULATE HOMELESS ENCAMPMENTS ON, NEAR,

OR UPON CRITICAL INFRASTRUCTURE, SENSITIVE USE PROPERTY, OR IN AREAS OF HIGH FIRE RISK.”
Staff report and PowerPoint was presented by City Attorney Wynder and Assist City Manager Lopez.

City Council discussion included clarification that the proposed Ordinance gives the City authority to secure critical infrastructure; clarification that the proposed Ordinance complies with existing laws and that the City will continue to provide homeless programs and services; clarification that the Ordinance will be enforced by Code Enforcement and initiated by complaints or call; a request to correct the language in the ordinance prohibiting camping near critical infrastructure from 2 feet to 5 feet.

Mayor Davis announced that she would be abstaining from the vote and explained that although she wants to protect infrastructure and quality of life, until the City has homeless housing in place and stays committed to it, she could not fully support the proposed item.

Mayor Pro Tem stated that the State cannot tax its way out of homelessness, and commented on additional taxes being considered in legislation that impacts the cost of housing and drives housing prices up and further reduces housing opportunities.

A motion was made by Michael Allawos and seconded by Mendell Thompson to 1. Waive further reading and introduce an Ordinance 2067 entitled, “AN ORDINANCE OF THE CITY COUNCIL ADDING NEW SECTIONS 9.20.120 THROUGH 9.20.130 TO CHAPTER 9.20, “PARKS AND PUBLIC PLACES,” OF TITLE 9 “PUBLIC PEACE MORALS AND SAFETY,” OF THE

GLENDORA MUNICIPAL CODE, TO REGULATE HOMELESS ENCAMPMENTS ON,

NEAR, OR UPON CRITICAL INFRASTRUCTURE, SENSITIVE USE PROPERTY, OR IN AREAS OF HIGH FIRE RISK” with an amendment to administrative change ordinance language under Subsection H prohibiting camping near critical infrastructure from two (2) feet of fire hydrant to five (5) feet.

An oral roll call vote was conducted, and the motion carried 4 – 0 - 1 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, and Gary Boyer; NOES: (None); ABSENT: (None); ABSTAIN: Karen K. Davis.

MEMBER/STAFF CLOSING COMMENTS
Item #8. Page 6
Meeting Date: 4/26/2022 / Packet Page #: 15
Council Members collectively thanked staff for the work undertaken to return to in-person meetings.

ADJOURNMENT
Mayor/Chair Davis adjourned the meeting at 9:19 p.m.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on __________________ by the City Council of the City of Glendora, with the City of Glendora acting as the Successor Agency to the Glendora Community Redevelopment Agency per ABx1 26, codified at Health & Safety Code §34173(a).

Item #8. Page 7
Meeting Date: 4/26/2022 / Packet Page #: 16

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: APRIL 26, 2022
FROM: HUMAN RESOURCES DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING A SIDE LETTER AGREEMENT TO THE 2020-2024 TENTATIVE AGREEMENT BETWEEN THE CITY OF GLENDORA AND

THE GLENDORA POLICE MANAGEMENT ASSOCIATION (GPMA)

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING A SIDE LETTER to the 2020-2024 TENTATIVE AGREEMENT WITH THE GLENDORA POLICE MANAGEMENT ASSOCIATION.”

EXECUTIVE SUMMARY
In September 2021, the City was notified by the Police Management Association that there was a compaction issue in compensation when a Corporal promoted to a Sergeant position. Based on the terms of the Police Officers Association (POA) and the Glendora Police Management Association (PMA), a Corporal who promotes to a Sergeant does not receive the Advanced POST pay of $550 per month. In order to resolve this compaction issue, the PMA has agreed to a stop gap measure by instituting continuance of the POST pay afforded in the POA MOU.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On July 14, 2020, The City Council approved a Tentative Agreement with the Glendora Police Management Association that stated:
“Employees who obtain and maintain a POST Supervisory Certificate are eligible to receive POST Certification Pay in the amount of $400 per month in additional compensation to base salary. Employees who obtain and maintain a POST Management Certificate are eligible to receive POST Certification Pay in the amount of $600 per month in additional compensation to base salary. An eligible member shall receive such pay for either the Supervisory or Management Certification, but not both.”

DISCUSSION
After careful review and analysis of the compaction issue, the City and the PMA have reached a tentative agreement pending City Council approval for the following revision to the MOU:

Item #9. Page 1
Meeting Date: 4/26/2022 / Packet Page #: 17
Staff Report Page 2 of 2
iii. POST Gap Pay shall be paid for the period between promotion from Corporal to Sergeant until the member becomes eligible to receive POST Supervisor Certification (approximately 2 years). POST Gap Pay shall end upon receipt of POST Supervisory Certificate and/or when the member’s service qualifies for POST Supervisory Certificate, whichever comes first.

B. Members who obtain and maintain a POST Supervisory Certificate are eligible to receive POST Certification Pay in the amount of $600 per month in addition to base salary.

C. Members who obtain and maintain a POST Management Certificate are eligible to receive POST Certification Pay in the amount of $700 per month in addition to base salary.

D. An eligible member shall receive pay only for the most advanced certificate.

FISCAL IMPACT
Sufficient funding is budgeted in the FY 2022 Operating Budget. Vacancy savings are available to cover additional payments.

ENVIRONMENTAL DETERMINATION
Not applicable
Prepared By Christi Giannone, Senior Human Resources Analyst Concurs With Not Applicable
Reviewed By Marie Ricci, Administrative Services Director/City Treasurer Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Resolution
Item #9. Page 2
Meeting Date: 4/26/2022 / Packet Page #: 18
RESOLUTION CC 2022-___

A RESOLUTION OF THE CITY COUNCIL APPROVING A SIDE LETTER

AGREEMENT TO THE TENTATIVE AGREEMENT FOR A SUCCESSOR

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY

OF GLENDORA AND THE GLENDORA POLICE MANAGEMENT

ASSOCIATION (PMA)

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the representatives of the City of Glendora and the Glendora Police Management Association (PMA) met and negotiated regarding POST pay terms and conditions of the Tentative Agreement; and
WHEREAS, representatives from PMS and the City in compliance with Meyers-MiliasBrown Act (MMBA) will continue to negotiate changes to a successor MOU and return to council at a future date; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Council approves the side letter to the Tentative Agreement between the City of Glendora and the Glendora Police Management Association attached as Exhibit A.

SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same into the Book of Original Resolutions and that this Resolution shall take effect and be in force on May 2, 2022.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

SECTION 4. The City Clerk is hereby directed to forward a copy of this resolution to the Administrative Services Director.

PASSED, APPROVED and ADOPTED this _____ day of April, 2022.

City Council of Glendora, CA
BY:

KAREN DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #9. Page 3
Meeting Date: 4/26/2022 / Packet Page #: 19
Resolution CC 2020-56 Page 2 of 3

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ______ day of April, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #9. Page 4
Meeting Date: 4/26/2022 / Packet Page #: 20

EXHIBIT A
Side Letter Agreement
Amend MOU
Upon approval of the City of Glendora City Council, the following amendment to the Peace Officer Standards and Training (POST) Pay provision (new provision in Tentative Agreement), shall be incorporated into the 2020 – 2024 Memorandum of Understanding between the Glendora Management Association and the City Glendora as follows:

Tentative Agreement of July 7, 2020:

Employees who obtain and maintain a POST Supervisory Certificate are eligible to receive POST Certification Pay in the amount of $400 per month in additional compensation to base salary.

Employees who obtain and maintain a POST Management Certificate are eligible to receive POST Certification Pay in the amount of $600 per month in additional compensation to base salary. An eligible member shall receive such pay for either the Supervisory or Management Certification, but not both.

Amended to include increase in POST pay and addition of POST Gap pay:

Peace Officer Standards and Training (POST) Pay
A. Members promoting from Corporal to Sergeant who are not yet eligible to obtain Supervisor POST certification, shall be provided POST Gap Pay as follows:
i. If possess Advance POST at promotion to Sergeant member shall receive $550 per month.
ii. If possess Intermediate POST at promotion to Sergeant member shall receive $350 per month.
iii. POST Gap Pay shall be paid for the period between promotion from Corporal to Sergeant until the member becomes eligible to receive POST Supervisor Certification (approximately 2 years). POST Gap Pay shall end upon receipt of POST Supervisory Certificate and/or when the member’s service qualifies for POST Supervisory Certificate, whichever comes first.

B. Members who obtain and maintain a POST Supervisory Certificate are eligible to receive POST Certification Pay in the amount of $600 per month in addition to base salary.

C. Members who obtain and maintain a POST Management Certificate are eligible to receive POST Certification Pay in the amount of $700 per month in addition to base salary.

D. An eligible member shall receive pay only for the most advanced certificate.

For the City of Glendora For Police Management Association ______________________________ ________________________________ Signature Date Signature Date
______________________________ ________________________________ Signature Date Signature Date
Item #9. Page 5
Meeting Date: 4/26/2022 / Packet Page #: 21

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: APRIL 26, 2022
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF A RESOLUTION ALLOWING FOR THE CONTINUED USE OF “INPERSON HYBRID APPROACH” FOR CITY OF GLENDORA BROWN ACT PUBLIC

MEETINGS

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND WHEN

APPLICABLE RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING MAY 1, 2022 THROUGH MAY 30, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361.”

EXECUTIVE SUMMARY
On June 11, 2021, the Governor issued Executive Order (“EO”) N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinds the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed Assembly Bill No. (“AB”) 361 (Rivas, 2021), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the Brown Act Orders (consisting of Executive Orders N-25-20, N-29-20, N-35- 20).

The pending expiration of the Brown Act Orders and the enactment of AB 361 created some ambiguity. To provide clarification, the Governor issued Executive Order N-15-21 (Attachment A), explaining that cities may continue to hold meetings in accordance with the Brown Act Orders until September 30, 2022 or they may hold meetings in accordance with the requirements of AB 361.

Starting at the September 28, 2021 City Council meeting, and at a monthly meeting thereafter, the Glendora City Council has considered and adopted Resolutions ratifying the State of Emergency by Governor Newsom and reauthorize remote teleconference meetings of the legislative bodies of the City of Glendora for an additional 30-day period in accordance with the requirements of AB 361.

At the March 22, 2022 City Council meeting, the City Council adopted a resolution that returned the City to “In-Person” Brown Act meetings and allowed the City the flexibility to continue to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361 if needed. The existing resolution is set to expire on April 30, 2022. The resolution being proposed, if adopted allows the City to continue the “in-person hybrid approach” and maintain the flexibility to conduct teleconferenced, in person or hybrid meetings if the Governors’ declaration of emergency is still in effect and/or COVID protocols become more restrictive for an additional 30-day. If approved, the proposed resolution would expire on May 30, 2022.

Item #10. Page 1
Meeting Date: 4/26/2022 / Packet Page #: 22
Staff Report Page 2 of 4

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
During early March 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Orders N-25-20, N-29-20, N-35-20 (collectively, the Brown Act Orders), which, among other things, suspended the provisions of the Brown Act expressly or impliedly requiring the physical presence of Council Members, staff, or the public at local agency meetings (Numbered 1 through 6, above) and specifically allowed for Legislative Bodies (City Council, Commissions, Committees, etc.) to hold meetings entirely virtually with no physical meeting place. These changes made it feasible and safer for Brown Act bodies to meet remotely, with meeting participants joining virtual platforms such as Zoom or WebEx, for the continued conduct of the government’s business during the pandemic in order to comply with public health orders.

In the interest of health and safety, on March 24, 2020, the City Council ratified and continued an Emergency Proclamation of the Existence of a Local Emergency Issued by the Director of Emergency Services/City Manager (which remains in effect today) and began conducting public meetings virtually with no central physical location where members of the body, staff and the public can gather; this has been the sole means for conducting meetings of all public bodies subject to the Brown Act. To ensure public access, the meetings are being broadcasted live on Spectrum Cable TV Channel 3 and Verizon Channel 31, the City Website www.cityofglendora.org/citymeetings, YouTube at https://www.youtube.com/cityofglendoraca, and on the Media Center at https://www.cityofglendora.org/departments-services/television-and-media. The various ways for members of the public to participate are outlined on the first page of every agenda (in person, virtually, email, phone call, mail and etc).

On June 11, 2021, Governor Newsom issued Executive Order N-08-21 which states that the provisions in Executive Order N-29-20 suspending certain elements of the Brown Act will continue to apply through September 30, 2021 which means that the City would no longer be able to hold entirely virtual meetings starting October 1, 2021.

On September 16, 2021 Governor Newsom signed AB 361, which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the Brown Act Orders. This pending expiration of the Brown Act Orders and the enactment of AB 361 created ambiguity as to whether cities are required to comply with the requirements of the Brown Act Orders or the requirements of AB 361. To provide clarification, the Governor issued Executive Order N-15-21 (Attachment A) on September 20, 2021, explaining that cities may continue to hold meetings in accordance with the Brown Act Orders until September 30, 2022 or they may hold meetings in accordance with the requirements of AB 361 (Attachment B).

Pursuant to AB 361, starting at the September 28, 2021 City Council meeting, and again at its October 26, 2021, November 9, 2021, January 25, 2022, February 28, 2022, and March 22, 2022 City Council meetings the City Council has considered and unanimously adopted resolutions ratifying the State of Emergency by Governor Newsom and reauthorize remote teleconference meetings of the legislative bodies for a 30-day period or until such time as the City Council adopts a subsequent resolution in accordance with Government Code § 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of Section 54953.

On November 10, 2021 Governor Newsom issued Executive Order N-21-21 which extended the State of Emergency in California due to the COVID-19 pandemic and as of the writing of this report is in effect.

On Thursday, March 03, 2022 Los Angeles County released a new health order that revised mask and vaccination verification requirements. As of March 4, 2022, mask and vaccination verifications are no longer required for indoor public settings and businesses, they are now strongly recommended, for all persons, regardless of vaccine status.

Item #10. Page 2
Meeting Date: 4/26/2022 / Packet Page #: 23
Staff Report Page 3 of 4
At the March 22, 2022 meeting of the City Council, adopted a resolution that returned the City to “InPerson” Brown Act meetings and allowed the City the flexibility to continue to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361 if needed. This “inperson hybrid approach” was utilized during all City public meetings in the month of April and is set to expire on April 30, 2022.

DISCUSSION
In order to have the flexibility to continue to conduct virtual meetings and utilize the City’s “in person hybrid approach”, the City Council is required to make specific findings in support of continuing remote meetings every 30-days by adopting a Resolution, the legislative body must make findings by majority vote on the circumstances of the applicable state of emergency and find either:

1. The state of emergency continues to directly impact the ability of its members to safely meet in person; or

2. That state or local officials continue to impose or recommend COVID-19 infection protocols that impact the quality of Brown Act meetings.

If adopted, the proposed resolution will allow the City the flexibility to continue to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361 through May 31, 2022, or as long as the Governors Declaration of Emergency is in effect.

City staff recommends City Council approved proposed resolution as it provides city staff with some flexibility and the City continues to navigate COVID recommendations and/or regulations from federal, state and county agencies. If the City Council, pending discussion, decides to not allow hybrid meetings by adopting the proposed resolution, all City Council members, board members, and commissioners will not be allowed to participate remotely, should the need arise.

Safety Measures at Public Meetings
All Brown Act meetings are subject to COVID-19 infection protocols set forth by the Federal Government, State of California, County of Los Angeles, and any local rules put in place. Essentially, the Federal Government and State of California set the ceiling for allowance activities, the County sets the floor, and the City can set the basement. To date, the City of Glendora has not implemented any further COVID-19 restrictions and/or infection protocols above and beyond those implemented in the County of Los Angeles.

AB 361 expires in January 2024, so long as the Governor has declared a state of emergency the City can continue to adopt a resolution pursuant to AB 361 which allows for the continuation of the virtual meetings if needed. As of April 15, 2022, the Governor’s Executive Order declaring a state of emergency is still in effect. AB 361 and Executive Order N-1-22 are attached for the Council's ease of reference (Attachments A - B).

Due to the fluidity in which COVID-19 infection protocols have been set and changed by Federal Government, State of California, County of Los Angeles agencies, staff is requesting to continue the “inperson hybrid approach” for another 30 day relating to City of Glendora public meetings.

The proposed resolution provides for the ability to continue to conduct in-person hybrid meetings pursuant to AB 361 through May 30, 2022, or as long as the Governors Declaration of Emergency is in effect.

While all meetings would be considered in-person public “Brown Act” meetings starting April 1, 2022 for the City Council, Board(s) and Commission(s) – for the period of time that the City is allowed to hold remote meetings under the cavalcade of public health orders, an elected or appointed official will have the ability to attend virtually, if needed.

In-Person Hybrid approach allows:
 Public attendance via Zoom or in-person.

Item #10. Page 3
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Staff Report Page 4 of 4
 City Council and board/commission members will attend in-person (preference) or in Zoom (if needed).
 City staff making presentations will also be encouraged, when possible, to attend and present inperson.  City staff not presenting may continue to attend in person or via Zoom.  The Chamber will have medical grade masks, along with a supply of hand sanitizer, and wipes if needed and/or requested.
 Open doors and windows will provide ventilation, as the weather allows.  Capacity in Chamber, limited to approximately 40, will be established for the public and attendance will be on a first come, first served basis.

City staff will ensure all existing COVID protocols are being followed and continue to review changes that could occur with respect to health officer orders issued by the State of California and County of Los Angeles. While the City Council, board members and commissions may ultimately loose the ability to attend virtually, staff anticipates that public comments via Zoom will likely remain as an option to expand access to the City’s public meeting

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

ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.

Prepared By Kathleen R. Sessman, City Clerk/Communications Director Concurs With Not Applicable
Reviewed By Kathleen Sessman, City Clerk/Communications Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Executive Order N-15-21
B. AB 361
C. Resolution
Item #10. Page 4
Meeting Date: 4/26/2022 / Packet Page #: 25

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-15-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS on June 11, 2021, I issued Executive Order N-08-21 to roll back certain provisions of my COVID-19-related Executive Orders and to clarify that other provisions remained necessary to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic; and
WHEREAS Paragraph 42 of Executive Order N-08-21 waived and set forth certain requirements related to public meetings of local legislative and state bodies, and specified that it would be valid through September 30; and WHEREAS on September 16, 2021, I signed into law Assembly Bill 361 (AB 361) , which pertains to the same subject matter as Paragraph 42 of Executive Order N-08-21, which took effect immediately pursuant to an urgency clause, and which may, in some instances, have different substantive provisions than the provisions contained in Paragraph 42 of Executive Order N-08-21; and WHEREAS it is necessary to provide clarity around the applicable procedures governing meetings of local legislative and state bodies until Paragraph 42 of Executive Order N-08-21 expires to further mitigate the impacts of the COVID-19 pandemic as the state continues to reopen and to ensure that critical governmental functions are not interrupted.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The provisions governing teleconference meetings in Education Code section 89305.6, Government Code section 11133, and subdivision (e) of Government Code section 54953 are suspended through
September 30, 2021, except that any local legislative body that meets to take a majority vote pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Government Code section 54953 shall conduct the meeting at which such vote is taken as required by paragraph (2) of subdivision (e) of Government Code section 54953. Except as otherwise specified in this paragraph, the requirements related to public meetings of local legislative and state bodies specified in Paragraph 42 of Executive Order N-08-21 shall continue to govern such meetings through September 30, 2021 .

2. This Order shall expire at 11 :59 p.m. on October 1, 2021.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

Item #10. Page 5
Meeting Date: 4/26/2022 / Packet Page #: 26
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 20th
day of September 2021 .

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, Ph.D.

Secretary of State
Item #10. Page 6
Meeting Date: 4/26/2022 / Packet Page #: 27
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

92 Item #10. Page 7
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resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —
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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165
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to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —
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and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165
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(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —
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or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165
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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 Ch. 165 — 8 —
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(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165
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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 Ch. 165 — 10 —
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(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165
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shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —
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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 — 13 — Ch. 165
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the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —
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of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165
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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —
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legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 — 17 — Ch. 165
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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —
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(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)  By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 — 19 — Ch. 165
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RESOLUTION CC 2022-__

A RESOLUTION RE-RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND

WHEN APPLICABLE RE-AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF
THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING
MAY 1, 2022 THROUGH MAY 30, 2022 PURSUANT TO THE RALPH M.

BROWN ACT AND ASSEMBLY BILL NO. 361

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council of the City of Glendora (“City”) is committed to preserving and nurturing public access and participation in meetings of the Board of Directors; and WHEREAS, all meetings of the legislative bodies of City are open and public, as required by the Ralph M. Brown Act (Gov’t. Code § 54950 – 54963), so that any member of the public may attend, participate, and watch the District’s legislative bodies conduct their business; and WHEREAS, Government Code § 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code § 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code § 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code § 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor Proclaimed a State of Emergency and issued a number of executive orders aimed at containing the COVID-19 virus; and
WHEREAS, the City Council previously adopted Resolution No. CC 2020-13 on March 24, 2021 ratifying the declaration of the existence of a local emergency within the City of Glendora in response to COVID-19 and finding that the requisite conditions exist for the legislative bodies of the City to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Section 54953; and
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WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a state of emergency has been proclaimed related to COVID-19, community transmission of COVID-19 in Los Angeles County has rapidly increased from Low to High due to the highly contagious Delta variant of COVID-19 which has emerged, Los Angeles County officials are imposing and recommending measures to promote social distancing, requires masking by all, regardless of vaccination status, in an effort to slow the continuously high trends in and level of transmission of COVID-19 throughout the State and Los Angeles County; and
WHEREAS, State and local officials continue to impose and/or recommend COVID-19 infection protocols that impact the quality of Brown Act meetings; and WHEREAS, Because of the rise in cases due to the various variants of COVID-19, the District is concerned about the health and safety of all individuals who intend to attend Brown Act public meetings.

WHEREAS, the City Council does hereby find and determine that that the presence of COVID-19 and the increase of cases due to the Delta variant and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find and determine that the legislative bodies of the City shall continue to conduct their meetings without compliance Government Code § 54953(b)(3), as authorized by Government Code § 54953(e)(3) and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code § 54953(e)(2); and
WHEREAS, to ensure public access and participation Resolution No. CC 2021-02 was adopted on February 9, 2021 which updated rules for the conduct of public meetings, proceedings and business and incorporated verbiage relating to virtual meetings and participation providing that (1) Virtual participation will be available on other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation; (2) Meetings will be broadcasted live on Spectrum Cable TV Channel 3 and Verizon Channel 31, the City Website www.cityofglendora.org/citymeetings, YouTube at https://www.youtube.com/cityofglendoraca, and on the Media Center at https://www.cityofglendora.org/departments-services/television-andmedia; (3) City will provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. (Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.) WHEREAS, consistent with Assembly Bill No. 361 (“AB”), during the effectiveness of this Resolution, the Legislative Bodies and their staff will give notice of the manner by which members of the public may access the Legislative Bodies’ meetings and offer public comment; identify and include an opportunity for all persons to attend via a call-in option or an internetbased service option if conducting a meeting remotely; and allow members of the public to access Item #10. Page 27
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the meeting, and the agenda shall include an opportunity for members of the public to address the Legislative Body directly

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY FIND, DETERMINER AND ORDER A FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the existing conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and Consistent with the provisions of Government Code § 54953(e), the City Council finds and determines that (1) a state of emergency related to COVID19 is currently in effect; (2) local officials in Los Angeles County have imposed or recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Board authorizes staff to conduct remote teleconference meetings of the Board of Directors, including Committee meetings, under the provisions of Government Code § 54953(e).

Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Remote Teleconference Meetings. The Legislative Bodies of the City and staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting all open and public meetings of the Legislative Bodies in accordance with the Brown Act and, specifically, AB 361 and Government Code § 54953(e), which provides for virtual meetings and hybrid meetings. In consultation with the Mayor for the City Council, or the chair of each commission as applicable, the City Manager shall have the discretion to determine whether a meeting of the City Council and/or any commission shall be remote or hybrid based on such factors including, but not limited to, current emergency conditions, trends and/or available resources to effectively provide services to the community and/or simultaneously respond to the emergency, in addition to technological capability, staffing availability, and number of anticipated attendees at planned meetings. It is the intent of this City Council that all City Council and commission meetings be conducted consistently to the extent practicable.

Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and go into effective starting May 1, 2022 until the earlier of May 30, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code § 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph Government Code § (3) of subdivision (b) of section 54953(b)(3).

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PASSED, APPROVED and ORDERED this ________ day of May, 2022.

City Council of Glendora, CA
BY:

KAREN K. DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ________ day of May 2022, by the following vote:

AYES: COUNCIL MEMBERS: Allawos, Fredendall, Thompson, Boyer, and Davis.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: APRIL 26, 2022
FROM: CITY CLERK DEPARTMENT DISTRICT(S): CITYWIDE
SUBJECT: UPDATE ON BOARDS/COMMISSIONS RECRUITMENT FOR TERMS EXPIRING JUNE 30, 2022.

RECOMMENDATION
That the City Council:

1. Based on the status outlined, provide direction on next steps.

EXECUTIVE SUMMARY
The City Clerk’s Office is conducting a recruitment for board/commission scheduled vacancies effective June 30, 2022. A Notice of Vacancy (Attachment A) was published on the city’s website and in the San Gabriel Valley Examiner on March 24, 31, and April 7, 2022, and posted to the city’s website, social media, and bulletin boards.

There are three (3) scheduled vacancies on the Board of Library Trustees in Office Numbers 1, 4, and 5.

As of the application deadline, six applications have been submitted. A sufficient number of applications were received, therefore interviews are being scheduled for a Special Meeting on Tuesday, May 10, 2022.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In May 2018, the City Council extended terms of office of members of the various City Boards and Commissions, so that a review of City’s municipal code and policies/procedures associated with various City Boards and Commissions could be conducted. In December 2018, the City Council adopted Ordinance 2036 that updated and consolidated various municipal code sections and brought uniformity to the policies and procedures governing the City’s five Boards and Commissions and the recruitment process to be utilized to fill vacancies.

DISCUSSION
A Notice of Vacancy was published on the city’s website and in the San Gabriel Valley Examiner on March 24, 31, and April 7, 2022, and posted to city’s website, social media, and bulletin boards with a deadline of Thursday, April 14, 2022. At the close of the recruitment period, six applications had been received for three vacant seats.

The following provides a detailed status of recruitment and the applications received:

Board of Library Trustees
The Board of Library Trustees has three scheduled vacancies for the following offices: Doris Blum (Office 1), Brianna Chew (Office No. 4), and Tomoko Toland (Office No. 5). Brianna Chew and Tomoko Toland are eligible for re-appointment and have submitted applications. Doris Blum has served the maximum number of consecutive terms allowed and is not eligible for re-appointment.

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3 Scheduled Vacancies

APPLICANTS COMMENTS
Brianna Chew (Incumbent) Eligible for Re-Appointment
Tomoko Toland (Incumbent) Eligible for Re-Appointment
Christine Michelle Brodeur New
Christina Delano New
Carrie Ann Johnson New
Nancy Nash New
Next Steps:

Based on the status outlined above, staff requests Council direction on next steps.

Option 1: Direct City Clerk to extend application deadline to Thursday, May 2, 2022.

Option 2: Dispense with interviewing incumbents and schedule interviews with new applicants for a Special Meeting to be held on Tuesday, May 10, 2022 starting at 5:00 p.m.

Option 3: Schedule interviews of all applicants, including the two incumbents, for a Special Meeting to be held on Tuesday, May 10, 2022 starting at 4:30 p.m.

Option 4: Provide direction to staff.

FISCAL IMPACT
There are no fiscal impacts associated with the recommendations in this report.

ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.

Prepared By Elvia Dominguez, Deputy City Clerk/Records Manager Concurs With Not Applicable
Reviewed By Kathleen Sessman, City Clerk/Communications Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Notice of Vacancy
B. Applications as of April 14, 2022 Deadline
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NOTICE IS HEREBY GIVEN that the City of Glendora invites interested persons of the City of Glendora to submit applications to serve on the following City Advisory Boards and Commissions for vacancies effective June 30, 2022. The deadline to submit an application for consideration is no later than 12:00 p.m. on Thursday, April 14, 2022:

Board of Library Trustees: 3 Vacancies: Office Nos. 1, 4, & 5 (3-year term).

This Board provides strategic leadership and serves as the creative catalyst for developing and implementing the mission, values and vision of the Glendora Public Library. This Board meets on the third Monday of each month.

Applicants for the Board of Library Trustees must be 18 years or older, register to vote and must maintain residency within the incorporated areas of the City of Glendora during their term of office. Applications are available via the City’s web site at www.cityofglendora.org or at City Hall in the City Clerk’s Department, 116 E.

Foothill Boulevard, Glendora, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except holidays. Completed application forms must be filed with the City Clerk no later than 12:00 p.m. on Thursday, April 14, 2022. Please call the City Clerk’s Office at (626) 914-8210 for more information.

It is anticipated that interviews will be schedule for Monday, May 10, 2022 between 5:00 p.m. and 7:00 p.m. Applicants will be contacted to schedule interview times following the recruitment deadline.

Kathleen R. Sessman, MMC
City Clerk, Communications Director
Published in the San Gabriel Valley Examiner: March 24, 31, and April 7, 2022

NOTICE OF VACANCY
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Chief Marketing Officer, Price, Waterhouse,
Coopers
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: APRIL 26, 2022
FROM: PUBLIC WORKS DISTRICT(S): 3
SUBJECT: APPROVE THE TRANSFER AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD

CONTROL DISTRICT AND AWARD A CONTRACT SERVICES AGREEMENT TO CRAFTWATER ENGINEERING, INC. FOR DESIGN SERVICES FOR THE FINKBINER PARK STORMWATER CAPTURE PROJECT IN THE AMOUNT OF $1,107,296 AND A 10% CONTINGENCY IN THE AMOUNT OF $110,730 FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,218,026 (STRATEGIC PLAN ITEM 46-IMCIF)

RECOMMENDATION
That the City Council:

1. Approve the Transfer Agreement with The Los Angeles County Flood Control District in order to receive $2,581,286 of Measure W Regional Grant Funding over 2 years;

2. Award a Contract Services Agreement to Craftwater Engineering, Inc. for design of the Finkbiner Park Stormwater Capture Project in the Amount of $1,107,296 and a 10% contingency in the amount of $110,730 for a total not to exceed amount of $1,218,026;

3. Authorize the Public Works Director to execute any necessary change order in an amount not to exceed 10% or $110,730.

4. Authorize Administrative Services Director to adjust revenues and expenditures as needed to provide supplemental appropriation; and

5. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

EXECUTIVE SUMMARY
The goals of the Los Angeles Region Safe, Clean Water (SCW) Program include improving and protecting water quality, capturing rain and stormwater to increase safe drinking water and prepare for future droughts; and protect public health and wildlife by reducing pollution from entering local waterways.

Projects and programs are funded by a special parcel tax that was implemented after the passage of Measure W in 2018. Starting in 2019, Los Angeles County cities were able to apply for regional SCW grant funding in an effort to design or construct stormwater projects and studies in their jurisdictions.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Los Angeles County residents voted to pass Measure W in November 2018. In January 2020, the City Manager approved a Contract Services Agreement with Craftwater Engineering, Inc. (Craftwater) to assist with the SCW grant application for the Finkbiner Park Stormwater Capture Project (Finkbiner Park Project) Design. The Agreement was amended in January 2021 to extend the term of the contract to include additional meetings and presentations that Craftwater assisted with.

DISCUSSION
In 2016, members of the Upper San Gabriel Enhanced Watershed Management Program (EWMP) group were required to identify locations within their jurisdictions that would serve as potential stormwater project sites.

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performed on all the suggested sites to determine if the water quality targets would grant the participating cities compliance with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The studies confirmed that the suggested sites would be optimal for meeting regional compliance targets. Since evaluations such as water flow studies, monitoring plans and project schedules were developed during the 30% design plan and feasibility studies, participating cities were able to facilitate future funding opportunities more easily.

The Finkbiner Park Project design consists of a 19 acre-foot underground stormwater infiltration vault housed under the baseball fields. This vault is designed to capture and treat stormwater for potential pollutants. In turn, the project includes creating new baseball fields with turf grass and infield soils. New field lights will also be added to promote extended park use. Additionally, a green alley will be constructed north of the baseball fields.

The green alley consists of a walkway with permeable pavement and bioswales and includes installation of native trees, shrubs, and grasses. Additional design tasks are further described in Attachment C.

The SCW Regional Grant Program allows Cities in Los Angeles County to apply for funding for stormwater infrastructure projects, technical resources, or scientific studies. In October 2020, the City applied for SCW Regional Grant funding for the Finkbiner Park Stormwater Capture Project Design as part of the FY 21-22 funding cycle. Within the City’s watershed, a total of six infrastructure projects, one technical resources and one scientific study application submitted for the FY 21-22 funding cycle. After a thorough review process, the Finkbiner Park Project was selected by the Watershed Area Steering Committee to be included in the SCW Program’s Stormwater Investment Plan. The City was allocated $2,581,286 over two years to fund the design for the Finkbiner Park Project Design.

FISCAL IMPACT
With the approval of the Transfer Agreement with Los Angeles County, Measure W grant funds would sufficiently pay the cost of the design contract. The remaining $1.3 million in grant funding will be used on Los Angeles County Flood Control District (LACFCD) permit application fees and reviews, staff project management time, or additional design efforts. In order to receive the grant funding, the City must approve the Transfer Agreement with LACFCD.

While the design portion of the project is fully funded by the SCW grant, City Staff anticipates competing for additional funding sources for the construction portion. The estimated cost of construction including construction management and surveying is $21,834,722. After the design phase, the remainder of the $1.3 million in additional SCW grant funding can be used towards construction costs. Construction is estimated to start in 2024 (pending funding) with a duration of approximately 18 months.

Grant funding will be disbursed within 45-days of the execution of the agreement.

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.

Prepared By Andrea Ampig, Management Analyst
Concurs With Not Applicable
Reviewed By Alison Sweet, Public Works Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Transfer Agreement- LACFCD and City of Glendora
B. Contract Services Agreement with Craftwater Engineering Inc.

C. Craftwater Engineering, Inc. Finkbiner Park Design Proposal Item #12. Page 2
Meeting Date: 4/26/2022 / Packet Page #: 70
Staff Report Page 3 of 3
D. Finkbiner Stormwater Project Design Presentation
Item #12. Page 3
Meeting Date: 4/26/2022 / Packet Page #: 71
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TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND

CITY OF GLENDORA
AGREEMENT NO. 2021RPUSGR04
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of October 20, 2021 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Glendora for FINKBINER PARK STORMWATER CAPTURE PROJECT, hereinafter referred to as "Recipient." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program;
WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Activity Completion” means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. “Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto.

Item #12. Page 4
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“Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. “Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan.
“Year” means calendar year unless otherwise expressly indicated.

II. PARTY CONTACTS
The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Recipient:

Name: Melanie Morita Name: Alison Sweet
Address: 11th Floor, PO Box 1460,
Alhambra, CA 91802-1460
Address: 116 E. Foothill Blvd,
Glendora, CA 91741
Phone: (626) 300-2380 Phone: 626-914-8246
Email: [email protected] Email: [email protected] Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party.

III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A – SCOPE OF WORK
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – SPECIAL CONDITIONS
EXHIBIT D – ADDENDUM TO AGREEMENT
EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices) Item #12. Page 5
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EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. ACTIVITY COMPLETION
A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A,
B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code.

C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions.

V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY
A. The District shall disburse the SCW Program Contribution for the 2021-2022 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of the execution of this Agreement by the last party to sign.

B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2021-22 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

E. The Recipient shall submit the scope of work described in Exhibit A 45-days after receipt of this Agreement. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, subsequent Exhibit A – Scope of Work will be required 45-days after receipt of the addendum to this Agreement.

Item #12. Page 6
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VI. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of “original” versions of such documents.

Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.

Item #12. Page 7
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

Upper San Gabriel River
City of Glendora

FINKBINER PARK STORMWATER CAPTURE

PROJECT
By: ____________________________________
Name:

Title:

Date: __________________________________
Item #12. Page 8
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By: ____________________________________
Name: Carolina T Hernandez
Title: Assistant Deputy Director
Date: __________________________________
Item #12. Page 9
Meeting Date: 4/26/2022 / Packet Page #: 77
1 EXHIBIT A SCOPE OF WORK

UPPER SAN GABRIEL RIVER ENHANCED WATERSHED MANAGEMENT PROGRAM

FINKBINER PARK STORMWATER CAPTURE PROJECT
Project Description
Finkbiner Park is an 11.46-acre, multipurpose recreational facility, located in the City of Glendora. It sits at the bottom of a 1,638-acre watershed that drains through the upstream storm drain system into Little Dalton Wash, which runs along the southern edge of the park. Finkbiner Park is improved with grass and infield soil areas of 4 baseball fields, as well as a concrete basketball court area, skate park, tennis courts, outdoor bandshell, kid’s playgrounds, beach volleyball court, community center buildings, and a large grassy area with picnic benches. The site amenities closest to the proposed construction area are the baseball fields, basketball court, and adjacent concrete sidewalk.

The project includes a channel diversion from Little Dalton Wash and a diversion from MTD 1129. The diversions go to a pretreatment unit and then to the subsurface storage where it is then infiltrated into the subgrade. The site has the potential to provide significant water quality benefits for the City of Glendora due to the sizable drainage area, location of the adjacent storm drains, and available development space. This project has the potential to offer runoff storage and water quality benefits for this drainage area that can address the additional needs for stormwater management identified to achieve compliance in the EWMP The proposed project will be designed with the following components.

1. Diversion Structures. Two new diversion structures are proposed to divert stormwater during low-flow and storm events to the pretreatment device and eventually the subsurface storage. The proposed channel diversion from Little Dalton Wash will have a flow rate of approximately 65 cfs and a storm drain diversion will have a flow rate of 10 cfs..

2. Pre-Treatment, Treatment and Discharge. The system will include a pretreatment unit to treat the dryweather and maximum 75 cfs stormwater flows conveyed from the channel and the storm drain.

3. Subsurface Storage Structure. The proposed subsurface storage structure is currently proposed with a 19 ac-ft operational volume. The storage structure is proposed to be constructed of a precast concrete storage system made from durable, reinforced high-strength concrete.

Item #12. Page 10
Meeting Date: 4/26/2022 / Packet Page #: 78
Los Angeles County Flood Control District | Safe Clean Water Program City of Glendora
Finkbiner Park Stormwater Capture Project
2 March 8, 2022
A-1. Budget Plan
The following is the detailed Budget Plan for all eligible expenditures for all phases and tasks in the work schedule for the Funded Activity. The Budget Plan provided in Table A-1 below is consistent with the approved Stormwater Investment Plan allocations for this project.

Table A-1. Budget Plan by Fiscal Year
Fiscal Year Phase Description SCW Funding City of Glendora Potential
Local Match*
2021-22 Design Professional Design Services (30/60) $ 976,306 Environmental Planning $ 97,630
Community Outreach No. 1 $ 25,000
Agency Project Management $ 191,707 $ 191,707
Total FY 2021-22 $ 1,290,643 $ 191,707
2022-23 Design Professional Design Services (90/100) $ 976,306 Environmental Planning and Permitting $ 97,630
Community Outreach No. 2 $ 25,000
Agency Project Management $ 191,707 $ 191,707
Total FY 2021-22 $ 1,290,643 $ 191,707
Total $ 2,581,286 $ 383,414
*Note: The City is willing to dedicate up to 25% of the design costs from its municipal share. However, the project did not get credit for this in the final project scoring. Therefore, these funds will be available to the City staff for additional project management, design reviews, community engagement support, grant applications, reporting, and watershed coordination.

Item #12. Page 11
Meeting Date: 4/26/2022 / Packet Page #: 79
Los Angeles County Flood Control District | Safe Clean Water Program City of Glendora
Finkbiner Park Stormwater Capture Project
3 March 8, 2022
A-2. Consistent with SCW Program Goals
The City acknowledges that the Budget Plan is consistent with the Safe, Clean Water Program Goals as described in Chapter 18.04 of the Code. The following is a summary of the goals, projected targets, and metrics for reporting performance.

Table A-2. Program Goals and Anticipated Performance Metrics No. Goal Summary Target
(See Note below)
Unit
1 Improve water quality and
attainment of water-quality
requirements
The stormwater capture and
treatment facility will provide water
quality improvements to address
water quality requirements described
in the Los Cerritos Watershed
Management Program
Runoff Treated
(average
annual)
Approx.
250
AcreFeet
Zinc Reduction
(average
annual)
Approx.
130
Lbs
2 Increase drought
preparedness by capturing
more stormwater and/or
urban runoff to store, clean,
reuse, and/or recharge
groundwater basins
The facility will provide annual water
supply benefits from the use of dryweather flow for irrigation and reduction in irrigation use with an
artificial turf field.

Average
annual water
supply use and
red (average
annual)
Approx.
257
AcreFeet
5 Invest in infrastructure that
provides multiple benefits
This project is a multi-benefit project
that improves water quality and
integrates native habitat
N.A. 1.0 Each
6 Prioritize Nature-Based
Solutions
Landscape plans to include
additional native trees, shrubs, and
grasses to be installed at select spots
impacted by the construction
throughout the project area. The
swales will be sized to convey all
flows from the surface drainage.

Landscape
Plans

1.0 Each
7 Provide a spectrum of
project sizes from
neighborhood to regional
scales
The project will construct a regional
stormwater capture facility
Design Plans 1.0 Each
• Note: The target quantities above are preliminary based on the initial feasibility study and may be subject to change based on the actual design details developed.

Item #12. Page 12
Meeting Date: 4/26/2022 / Packet Page #: 80
Los Angeles County Flood Control District | Safe Clean Water Program City of Glendora
Finkbiner Park Stormwater Capture Project
4 March 8, 2022
A-3. Estimated Reasonable Total Activity Cost
The following table provides a detailed estimate of total Activity Cost for all phases and tasks included in the work schedule.

Table A-3. Activity Cost
Phase Activity Cost
Design Professional Design Services (30/60/90/100) $ 1,952,611 Design Environmental Planning and Permitting $ 195,261
Design Community Outreach $ 50,000
Design Agency Project Management $ 383,414
Total $ 2,581,286
A-4. Funded Activity Description and Scope of Work
The City will implement the following activities and provided in the detailed scope of work below.

Task 1. Agency Project Management
The City will provide all technical and administrative services as needed for project completion; monitor, report, supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Project is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations.

Task 2. Environmental Compliance and Permitting
The City will prepare the required documentation and obtain the necessary permits in order to construct the proposed project, as described below.
a. CEQA Documentation. Complete documentation required under the California Environmental Quality Act (CEQA) for the proposed implementation project. Take all required steps to prepare, circulate, and certify the required CEQA document(s).
b. Permits. Obtain all public agency approvals, entitlements, or permits required for the construction of the project.

Task 3. Design and Engineering
The City will prepare the design plans, specifications, and cost estimate for the proposed facility. The Project shall capture, treat, and filtrate storm water from its drainage area. The Project shall be designed to improve water quality with the following approaches:
c. Install a storm drain diversion structures
d. Install a pre-treatment unit(s).
e. Install a subsurface storage gallery with a design volume with a maximum capacity of approximately 19 acre-feet.

The City will complete the bid documents in accordance with the design plans.

Task 4. Community and Stakeholder Outreach
The City will conduct outreach meetings to inform the public of the purpose, closure, and timelines of the Project construction activities.

A-5. Operations and Maintenance (O&M) Plan
Item #12. Page 13
Meeting Date: 4/26/2022 / Packet Page #: 81
Los Angeles County Flood Control District | Safe Clean Water Program City of Glendora
Finkbiner Park Stormwater Capture Project
5 March 8, 2022
The City will develop a draft Operation and Maintenance (O&M) Plan will be developed as a part of the 100% final design. The maintenance plan will include details on equipment needed and standard practices and procedures.

The final O&M Plan will be updated at the end of construction when actual brands and part information is made available.

A-6. Post-Construction Monitoring
The Post-Construction Monitoring Plan will be developed by the City as a part of the 100% final design documentation. The preliminary identified constituents of concern are metals (copper, lead, and zinc), bacteria, nutrients, and trash. Flow, pH, and temperature should also be monitored.

A-7. Sustainability Rating
The project is an Infrastructure Program Project; however, the City will not apply for Institute for Sustainable Infrastructure (ISI) verification.

A-8. Stakeholder and Community Outreach/Engagement Plan The City will develop and submit a Stakeholder and Community Outreach/Engagement Plan for this project and include a discussion of how local NGOs or CBOs will be involved. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-9. Tracking Infrastructure Program Project Benefits
The City will provide an overview of the anticipated benefits achieved upon completion of project construction. The Operation and Maintenance Plan will identify the quantitative targets and corresponding metrics for subsequent reporting.

Item #12. Page 14
Meeting Date: 4/26/2022 / Packet Page #: 82
Los Angeles County Flood Control District | Safe Clean Water Program City of Glendora
Finkbiner Park Stormwater Capture Project
6 March 8, 2022
A-10. Work Schedule and Completion Date
The City will submit a detailed project schedule within 60 days of execution of this agreement. The following is the Milestone Schedule for this project.

Table A-4. Milestone Activity Schedule
Fiscal Year Phase Activity Start Date Finish Date
FY 2021-22
through
FY 2022-23
Design Agency Project Management January 2022 June 2023 FY 2021-22 Design 60% Design March 2022 June 2022
FY 2021-22 Design Community Outreach No. 1 March 2022 June 2022 FY 2021-22 Design Engagement Activity No. 1 March 2022 June 2022 FY 2022-23 Design Environmental Planning and Permitting August 2022 August 2023 FY 2022-23 Design 90%/100% Design August 2022 June 2023 FY 2022-23 Design Community Outreach No. 2 March 2023 June 2023 FY 2022-23 Design Engagement Activity No. 2 March 2023 June 2023 FY 2022-23 Design Develop O&M Plan August 2022 June 2023 FY 2022-23 Design Develop Post Construction Monitoring
Plan
August 2022 June 2023
Item #12. Page 15
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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program.

2. The Recipient shall not be entitled to interest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District.

3. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

4. The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient.

B-2. Acknowledgement of Credit and Signage
The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property – Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the Item #12. Page 16
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prior express written consent of the District, which consent shall not be unreasonably withheld.

B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B-5. Assignment
The Recipient will not assign this Agreement without the prior consent of the District.

B-6. Audit and Recordkeeping

1. The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives.

Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures.

2. The Recipient is responsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds.

3. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month from the end of each three (3) year period. Audit reports shall be posted on the District’s publicly accessible website.

Item #12. Page 17
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End-of-Activity Every Third Fiscal Year
Projected
End Date
Audit Report
Due to District
SIP
Fiscal
Year
Audit Period Audit Report
Due to District
1/15/2023 No later than
10/31/2023
2021-22 7/1/2021 to
6/30/2024
No later than
3/31/2025

4. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity. The Recipient shall permit the authorized District representative, including the Auditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity.

5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.

B-7. Availability of Funds
District’s obligation to disburse the SCW Program Contribution is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement.

This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount.

1. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources.

2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.

Item #12. Page 18
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B-8. Choice of Law
The laws of the State of California govern this Agreement.

B-9. Claims
Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-10. Completion of Funded Activity by the Recipient
The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable.

B-11. Compliance with Law, Regulations, etc.

The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code.

B-12. Competitive Bidding and Procurements
The Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting#@ViewBag.JumpTo B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on Item #12. Page 19
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said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project.

B-14. Default Provisions
The Recipient will be in default under this Agreement under any of the following circumstances:

1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement;

2. The Recipient materially breaches this Agreement or any addendum, including but not limited to:
a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c. Fails to remain in Good Standing (see Section B-34, below). d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure.
e. The Recipient fails to maintain reasonable progress toward Project Completion.
f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement.
g. Inappropriate use of SCW Program Contributions, as deemed by the District
Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following:

1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default.

2. Terminate any obligation to make future payments to the Recipient.

3. Terminate the Agreement.

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4. Take any other action that it deems necessary to protect its interests.

The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District’s failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect.

B-15. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation.

The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-16. Final Inspection and Certification of Registered Professional Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-17. Force Majeure.

In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be Item #12. Page 21
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excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B-18. Funded Activity Access
When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion.

B-19. Funding Considerations and Exclusions

1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-20. Indemnification
The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recipient’s performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and Item #12. Page 22
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causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage.

B-21. Independent Actor
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-22. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-23. Lapsed Funds

1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient.

2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.

3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area.

4. In the event that funds are to lapse, due to circumstances beyond the Recipient’s control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

5. The decision to grant an extension is at the sole discretion of the District.

6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception.

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7. Example:

Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2021–22 6/30/2027 No later than
3/31/2027
No later than
6/30/2028
B-24. Modification
This Agreement may be amended or modified only by mutual written consent of the Board and Recipient.

B-25. Non-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity.

B-26. No Obligation of the District
The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, other than to transfer the funds, with respect to the Funded Activity itself.

B-27. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein
B-28. Notice

1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation.

3. The Recipient shall notify the District promptly of the following:
a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated Item #12. Page 24
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reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval.
b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; c. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion;
d. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District; e. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District; f. Activity completion.

B-29. Public Records
The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.

B-30. Recipient’s Responsibility for Work
The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

B-31. Related Litigation
The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of Item #12. Page 25
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whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District.

B-32. Remaining Balance
In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Program Contribution to the District.

B-33. Reporting
The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available.
• Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within fortyfive (45) days following the end of the calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District’s publicly accessible website. The Quarterly Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics; f. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned;
g. Scheduling concerns and issues encountered that may delay completion of the task;
h. Work anticipated for the next reporting period;
i. Any anticipated schedule or budget modifications;
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j. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as required by the District; l. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A;
m. Status of Recipient’s insurance; and
n. Description of post-performance for each completed infrastructure project is required after the first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post-performance template will be provided by the District.
• Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows:

Quarter End of Quarter Report Due
First Quarter September 15 November
Second Quarter December 15 February
Third Quarter March 15 May
Fourth Quarter June 15 August
• Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year’s Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shall include:
• Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).

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• When the Funded Activity is an Infrastructure Program Project, include a description of how the County’s Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced.
• Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include a description of the final score and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the SCW Program Contribution.
• As Needed Information or Reports. The Recipient agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-34. Representations, Warranties, and Commitments
The Recipient represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof.

3. No Litigation. There are no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity.

4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions Item #12. Page 28
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contemplated by this Agreement. The Recipient is able to pay its debts as they become due.

5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.

6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability, Builder’s Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanagement.lacounty.gov/wpcontent/uploads/2019/06/Insurance-Manual-revised-May-2019.pdf B-35. Requirements for Good Standing
The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-36. Requirements Related to Recipient's Contractors

1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.

2. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations.

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3. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement.

4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Project be bound by the provisions of: (1) a Countywide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement.

5. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.

6. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid.

7. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.)

8. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make it contractors and subcontractors aware of this provision .

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9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

B-37. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-38. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

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EXHIBIT C – SPECIAL CONDITIONS
[If the Recipient is a public agency]
C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation necessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA.

C-2. Upon the completion of the documentation, analysis and other work necessary to comply with CEQA as described in section C-1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA.

C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA.

C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District.

With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts.

C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the Item #12. Page 32
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terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [If the Recipient is not a public agency]
C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction.

C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA.

C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s).

C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated.

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EXHIBIT D – ADDENDUM TO AGREEMENT
-DRAFT TEMPLATEADDENDUM NO. ___ TO
TRANSFER AGREEMENT NO. _______________ BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

AND (INSERT PROJECT DEVELOPER)
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. ___ to Transfer Agreement No. _______________, hereinafter referred to as “Addendum No. ___”, is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant)____, hereinafter referred to as "Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. _______________ , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on _______________;
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the ________ Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year __________;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. ___.

2. Exhibit A to the Agreement is superseded and replaced by Exhibit A-1, attached hereto and incorporated herein as if fully set forth, and all references in the Agreement to Exhibit A shall hereafter be deemed to refer to Exhibit A-1.

3. The District shall disburse the SCW Program Contribution for the __________ Fiscal Year as described in the Budget Plan within ___ days of the execution of this Addendum by the last party to sign.

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Regional Program
Agreement No. 2021RPUSGR04

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3. All terms and conditions of the Agreement shall remain in full force and effect including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA).

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IN WITNESS WHEREOF, this Addendum No. ___ has been executed by the parties hereto.
________(Recipient)_________:

By: ____________________________________
Name:

Title:

Date: __________________________________

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By: ____________________________________
Name:

Title:

Date: __________________________________
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EXHIBIT E – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT

PRACTICES
Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.

The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Recipients are to consider using Nature-Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. Please refer to the table below.

For the most up to date guidance related to Nature Based Solutions, please refer to the Safe, Clean Water Program website (https://safecleanwaterla.org/) Item #12. Page 37
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METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climateappropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
5%-15% covered by
new climate-appropriate
vegetation
Use of native, climateappropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
16%-35% covered by
new native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs,
and trees) / green space
that is both native and
climate-appropriate
More than 35% covered
by new native
vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces
(e.g. permeable
pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil
health (e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of wellconnected and selfsustained natural
landscapes with healthy
soils, permeable
surfaces, and
appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
● Minimal negative
impact to existing
drainage system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage
system
● Creation of open green
space
●Installation of features
to improve natural
hydrology
Creation &
Restoration of
Riparian Habitat &
Wetlands
Partial restoration of
existing riparian habitat
and wetlands
Planting of climate
appropriate vegetation -
between 5 and 15
different climateappropriate or native
plant species newly
planted
No potable water used
to sustain the wetland
●Full restoration of
existing riparian habitat
and wetlands
●Planting of native
vegetation - between
16 and 30 different
native plant species
newly planted
● No potable water used
to sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands
●Planting of plant
communities with a
diversity of native
vegetation – greater
than 31 native plant
species newly planted
● No potable water used
to sustain the wetland
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New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff
and filter pollution (e.g.
bioswales and parkway
basins), capturing the
85th percentile 24-hour
storm event from the
entire parcel
Large sized elements
that capture and treat
runoff to supplement or
replace existing water
systems (e.g. wetlands,
daylighting streams,
groundwater infiltration,
floodplain reclamation),
capturing the 90th
percentile 24-hour storm
event from the entire
parcel and/or capturing
off-site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain
moisture in the soil and
prevent erosion
Planting of new climateappropriate vegetation
to enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil,
prevent erosion, and
support locally based
composting and other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance
soil organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially
use of next-generation
design with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the
soil, prevent erosion,
and support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance
soil organic matter
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EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control
• Regularly removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regularly inspection and maintenance of pet waste stations • Maintaining trash receptacles
• Removal of trash, debris, and blockages from bioswales • Inspection and cleaning of trash booms
• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs)
o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance
o Inspect for dead or diseased plants regularly
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.

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o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment
o Wildflower and meadow maintenance
o Grass, sedge, and yarrow management
o Removal of unwanted hydroseed

3. Wildlife Management
• Exotic species control
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration)
• Avoid disturbances to nesting birds
• Avoid spread of invasive aquatic species

4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs • Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) • Inspect shade structures for structural damage or defacement • Inspect hardscapes
• Inspect and maintain interpretive and informational signs • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks) • Maintain deck areas (e.g. benches, signs, decking surfaces) • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.

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o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging.

Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation
• Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape
• Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity • Inspect basins for erosion
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise) • Checking telemetry equipment
• Tracking and reporting inspection and maintenance records

8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos
• Managing emergent vegetation
• Using hydraulic control structures to rapidly dewater emergent marsh areas • Managing flow velocities to reduce propagation of vectors •
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
CRAFTWATER ENGINEERING, INC.

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01240.0001/535308.1 A-1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
CRAFTWATER ENGINEERING, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2022 by and between the City of Glendora, a California municipal corporation (“City”) and Craftwater Engineering, Inc, a California Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those Item #12. Page 44
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standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Item #12. Page 45
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DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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Consultant’s Authorized Initials ___________________________ Oliver Galang, Principal Engineer
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.7 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

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1.8 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,107,296 (One Million One Hundred Seven Thousand Tow Hundred Ninety-Six Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

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2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term & Extended Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for one (1) additional one-year term by giving advance written notice of the same not later than 60 days prior to the expiration of the Term.
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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Oliver Galang, Principal Engineer
Courtney Semlow, Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Alexis Escobar or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

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The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or Item #12. Page 55
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indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make Item #12. Page 56
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records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. / / /

6.4 Confidentiality and Release of Information.

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(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not Item #12. Page 58
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reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
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7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel Item #12. Page 59
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specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

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9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________________ Oliver Galang, Principal Engineer
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director Finance/ City Treasurer ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Craftwater Engineering, Inc.

Name: Chad Helmle,
Title: President
Email: [email protected]
Name: Oliver Galang
Title: Principal Engineer
Email: [email protected]
Address: 10711 Oakbend Drive
San Diego, CA 92131
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Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. Task 1: Project Management, Coordination, and Meetings i. Task 1.1: Project Schedule

1. Consultant shall develop a detailed Critical Path Method (“CPM”) schedule for managing this project. The schedule will be prepared in Microsoft Project and will detail the degree of activity for the major tasks of the project. The schedule includes task
predecessors, start/finish dates, and task dependency to ensure that work products are completed on a timely basis. The preliminary schedule also reflects the schedule of deliverables.

2. The schedule will serve as a planning tool for the project team and will be evaluated and updated, if necessary, and as approved by the City’s Contract Manager.
ii. Task 1.2: Project Coordination

1. Consultant shall engage in regular project correspondence, including coordinating calls, that will allow the City Project Manager to measure the actual plan work progress. Explanations of the work completed and work to be done will be communicated during the project coordination calls.
iii. Task 1.3: Project Meetings

1. Kick-Off Meeting. The project will be initiated with a Project Kick-Off Meeting held virtually. The Kick-off Meeting will discuss the project scope, the final details of the schedule, and review the data needs. Also, this meeting will be an opportunity for Consultant shall obtain feedback from the City regarding the critical success factors for the project. Consultant shall be ready to initiate the kick-off meeting following the receipt of a Notice to Proceed from the City. Consultant shall prepare an agenda, presentation, and meeting summary notes for the kick-off meeting.

2. Project Team Coordination Meetings. Project Progress Meetings will be conducted monthly with City’s Contract Officer to review project status and ensure that the contract objectives and milestones are being achieved. The date and times of the Item #12. Page 66
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coordination meetings will be arranged during the Kick-Off Meeting. To supplement these meetings, the Consultant’s Project Manager will also maintain ongoing communication with City’s Contract Office. A detailed agenda, presentation including schedule, action item list, and meeting summary notes will be developed for each meeting. Twenty-four (24) monthly meetings are included in the project budget.
iv. Task 1.4: Project Administration

1. Consultant shall provide City’s Contract Officer with a written monthly progress report throughout the project duration. The progress reports will contain a summary of the expenditures to the total contract, tracking of work performed and deliverables submitted. It will also discuss upcoming efforts. A monthly invoice for work performed will be included as part of the monthly progress report.

B. Task 2: Site Investigation and Utility Research
i. Task 2.1: Field Investigation

1. The evaluation will include one day of field reconnaissance work with the City representatives. The field reconnaissance will be an opportunity for Consultant to identify diversion options, pump station locations, conveyance, and storage, infiltration, or filtration alternatives. Site restoration and improvements to the ballfields will also be discussed. In addition, City’s Contract Officer will have an opportunity to provide input regarding opportunities and constraints as part of the project development process. ii. Task 2.2: Records Research

1. A desktop evaluation will also be conducted to research readily available as-builts, utility information, groundwater depths, and geotechnical reports. Our team will request any available reports, tests, or information previously gathered by the City or the watershed group. Consultant shall obtain the as-builts for the LACFCD existing infrastructure and will request for the Park asbuilts from the City. iii. Task 2.3: Utility Research

1. Consultant acknowledges that limited existing utility research was completed as part of the 30% design preparation. This task will confirm that research as well as identify any missing utilities that are within the project area. Utilizing USA Dig Alert’s website, a comprehensive utility matrix will be developed, which Consultant Item #12. Page 67
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shall use to request utility atlas/as-built information. The letters to the utility purveyors will be drafted and provided to the City who will submit the letters to the respective providers to ensure fees are not incurred. An alternative is for the City to provide their letterhead to Consultant to include on the letters and email them directly to the utility purveyors. The atlas information will be used to inform the design layout to minimize conflicts and will be combined with the topographic survey (discussed separately below) and incorporated into the final design plans.

2. Once the site investigations and project information review component are complete, Consultant shall perform a site visit to verify the accuracy of data obtained and the locations of the utilities based on the utility atlases received. Consultant shall also verify the appropriate right-of-way and incorporate the utility investigation into the topographic base maps.
iv. Task 2.4: Potholing

1. Potholing (also known as vacuum excavation) is used for the purpose of identifying the axis of an underground utility. When the utility is revealed, the type of material, utility size, and depth from the surface are documented. The data collected during these excavations are beneficial in all phases of construction. Based upon the soil’s conditions or scope, we will choose to use air or water to create the pothole. After documenting our findings, each pothole will be backfilled, compacted, and a perm-a-patch or hot patch will be provided depending upon client specifications. A potholing report complete with photographs are provided at the conclusion of the job documenting the location, utility found, depth to top of pipe, utility size, material and the soil conditions. If no utility is found within the predetermined depth of the pothole, it will be considered a dry hole. Additional holes may be necessary to provide a positive location of the utility. For the purposes of scoping this effort, ten (10) potholes are assumed to be required through the course of the project with five (5) taken to the bottom of pipe or encasement. Additional potholes can be performed on an as-needed basis at the unit rate specified in the fee schedule. v. Task 2.5: Topographic Survey and Utility Mapping

1. Consultant shall conduct supplementary topographic survey as needed to finalize critical design elements and represent areas that may have changed since the original survey was completed.

Consultant shall be allocated a budget of $11,000 for additional survey for this project. The topographic survey will be used as a base map for the development of the design documents for the site.

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2. The invert of the drainage culvert will be determined by topographic survey and as-built information because the invert elevation at the point of diversion will be of critical importance.

Utility as-builts will be incorporated horizontally and vertically into the existing site plan.

C. Task 3: Geotechnical Investigation
i. The Geotechnical engineering investigation will evaluate the geotechnical conditions of the site and provide recommendations for the proposed industrial development. The investigation will include site reconnaissance, additional subsurface geotechnical exploration and sampling, laboratory testing, engineering analysis and preparation of a geotechnical engineering report. The scope of services does not include fees for any subsequent construction inspections, testing, county or city plan reviews or additional reports. This task will include:

1. Review of readily available background materials, including published geologic and seismic hazards maps, stereoscopic aerial photographs, groundwater data available on the Geotracker website, historic topographic maps, the referenced reports, and other reports/plans provided by the client.

2. Acquisition of a Los Angeles County Department of
Environmental Health (LACDEH) permit since proposed borings will be deeper than ten feet below the ground surface.

3. Site reconnaissance to observe and document the site geologic conditions and to mark the proposed boring locations with wood stakes and white paint for clearance by Underground Service Alert (USA).

4. Coordination with USA for underground utility location prior to drilling.

5. Subsurface exploration consisting of the drilling, sampling, and logging of six hollow-stem-auger borings using a truck-mounted drill rig. The borings will be drilled to the proposed depths provided below, or refusal, whichever is shallower. The purpose of the borings is to evaluate the subsurface soil and geologic conditions at the site, including percolation rates of the on-site soils. The borings will be logged by a representative from our firm.

Relatively undisturbed and bulk soil samples will be obtained from the borings at selected intervals and the samples will be transported to our laboratory for testing. Borings deeper than ten feet will be backfilled with cement-bentonite grout per the requirements of Item #12. Page 69
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LACDEH. The number and depths of borings and percolation tests are as follows:
a. Three borings up to approximately 20 feet deep within the footprint of the underground infiltration facility.

Percolation testing will be performed in these borings to evaluate the infiltration rate of the soils at the invert depth of the facility.
b. Three borings up to approximately 40 feet in depth to evaluate the subsurface conditions beneath the facility and to provide design recommendations for the proposed
pipelines and in-line structures (i.e., pre-treatment unit, actuated valve, etc.).

6. Field percolation testing will be performed within the three borings at the approximate invert depth of the facility (20 feet). To facilitate the percolation testing, a temporary well will be installed in each of the test borings consisting of 4-inch-diameter perforated polyvinyl-chloride (PVC) pipe surrounded be pea gravel. The testing will be performed using the “falling-head” method in general accordance with the Los Angeles County guidelines (2021), which includes placing water in each test well and measuring the rate in which the water level drops at intervals of approximately 10 to 30 minutes (depending on the soil conditions and rate of infiltration).

7. Soil cuttings from the drilling will be placed in 55-gallon drums and temporarily stored at a secure location at the park.

Representative samples of the drummed soils will be collected and sent to a laboratory for analytical testing to characterize the soil for disposal purposes. Following characterization, the drummed soils will be transported to an off-site disposal facility by a licensed waste-hauler. For planning purposes, we have assumed that ten drums of soil will be generated from the drilling.

8. Geotechnical laboratory testing of representative soil samples from the exploratory borings. Laboratory testing is anticipated to include in-situ moisture and dry density, gradation, Atterberg limits, hydro-collapse potential, consolidation, direct shear strength, and soil corrosivity.

9. Data compilation and geotechnical analysis of data collected from our background review, subsurface exploration and percolation testing, and laboratory testing. Consultant’s analyses and recommendations shall include the following:

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a. Suitability of the proposed construction from a
geotechnical perspective.
b. Anticipated soil and geologic conditions and potential geologic hazards at the site, including evaluation of
liquefaction and dynamic settlement potential.
c. Evaluation of the site seismicity, including anticipated ground accelerations and CBC seismic design coefficients. d. Evaluation of the depth to groundwater and potential impacts to the project based on our exploratory borings and readily available groundwater data.
e. Evaluation of infiltration rates and suitability of the on-site soils for infiltration.
f. Site excavation characteristics including potential for difficult excavations, such as caving and the presence of over-size material (i.e., cobbles and boulders).
g. General earthwork and grading considerations, including compaction requirements and suitability of on-site material for use as fill.
h. Evaluation of settlement potential for structures and appropriate site preparation, including remedial excavation and re-compaction.
i. Analysis of the temporary stability of excavations and shoring pressures, including allowable lateral earth
pressures and allowable passive pressures.
j. Evaluation of suitable foundation types including shallow footing foundations with allowable bearing capacities,
friction coefficient, and allowable passive pressures.
k. Evaluation of the corrosion potential of the site soils and the appropriate type of concrete to be used during
construction.

10. Consultant shall prepare a geotechnical evaluation report that present its findings, conclusions, and recommendations.

11. Consultant shall review and prepare of responses to one round of review comments from City’s Contract Officer.

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D. Task 4: Stormwater Capture Hydrology and Hydraulics/Water Quality Analysis Updates
i. Task 4.1: Hydrologic and Hydraulic Analyses

1. The drainage area, diversion, sizing, and filtration rate of the SCWP feasibility study serve as the basis of design for this effort.

In the course of the site investigation, utility search, and geotechnical study, changes to the configuration may be warranted and a proper evaluation of the design change impacts is necessary.

2. Consultant shall generate the long-term simulation statistics from the latest edition of the Watershed Management Modeling System (WMMS 2.0) to determine the average annual runoff, peak flows, and average annual pollutant removal. A summary of the land use and precipitation from the WMMS 2.0 model will be included and compared to the existing WMMS hydrologic statistics that was completed for the SCWP Feasibility Study. Consultant shall use the WMMS 2.0 model to re-assess the system performance and ensure that the SCWP scoring remains unchanged.

3. The hydraulic modeling analysis will evaluate the wet weather flows of the existing storm drain system from which the project will divert flows. The models will be set up in accordance with the LACDPW standards and will evaluate the hydraulic impacts of the diversion to the existing system. Consultant shall request the design flow rate from LACFCD which will serve as the required conveyance rate. Consultant shall create the existing WSPG model and update with design changes to the proposed diversion structure and evaluate the impacts to the water surface.
ii. Task 4.2: Water Quality Analysis and Optimization

1. Consultant shall prepare an analysis based on the Hydrologic Study to quantify the existing and potential water quality of the project incorporating and evaluating alternative treatment design layouts. We will utilize the latest edition of WMMS2 and the EPA SUSTAIN model to determine the anticipated average annual pollutant loading and associated reductions for the pollutants of concern in addition to flow volumes and sediment loading.

Consultant shall ensure the performance meets or exceeds the reductions identified within the SCWP application while possibly reducing costs through higher efficiency treatment methodologies.

The water quality modeling will evaluate the benefit of outflow options of infiltration and filtration to evaluate possible alternatives that can increase project performance while minimizing overall costs.

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iii. Task 4.3: Water Conservation Analysis

1. Consultant shall verify the potential annual groundwater recharge volume associated with the project site and the inclusion of the possible enhancements. Consultant shall utilize the latest edition of WMMS2 and the EPA SUSTAIN model to determine the water
capture and ensure the design will meet or exceed the values identified within the SCWP application.

2. Results from the Hydrologic and Hydraulic, Water Quality, and Water Conservation Analyses will be summarized in a Hydrologic and Hydraulic Study report. A draft will be submitted to City’s Contract Officer, and all comments will be addressed and prepared in a final document and included with the submittal of the 60% Plans and Specifications.

E. Task 5: Plans, Specifications, and Estimates
i. Task 5.1: 60% Plans, Specifications, and Estimate

1. For the 60% design submittal, Consultant shall develop plans to the 60% design level. The 60% submittal will consist of plan sheets that show changes to the original 30% design and provide a greater level of detail.

2. Most plan sheets will be at 1” = 40’ scale on 24”x36” sheets and created using AutoCAD Civil 3D 2020. At 1”=40’ scale, we anticipate 1 plan view sheet will be needed to show the entire project limits. Two (2) plan and profile sheets will show the diversion pipeline and outflow piping. Consultant shall utilize the City of Glendora standard Title Block for all sheets. Typical 60% design Civil and Landscape plan sheets will include:
a. Title Sheet
b. General Notes
c. Storm Water General Notes
d. Demolition Plans
e. Site Amenities and Improvement Plans and Details
f. Stormwater BMP (Infiltration Basin) Layout Plan and
Details
g. Grading Plans
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h. Utility Plan and Profile Sheets (diversion pipe and recycled water line) (1”=40’ horizontal, 1”=4’ vertical scale)
i. Landscape and Planting Plans, Notes and Details
j. Irrigation Plans and Details
k. Electrical/Lighting Plans and Details
l. Structural Plans and Details
m. Mechanical/Plumbing Plans and Details
n. Stormwater Infrastructure Details

3. Structural details of the diversion structures will also be provided as part of the 60% design as these components are critical to the design. Each major component (manhole, valve, treatment structure, etc.) will be placed on an alignment and identified by station as well as shown in plan and profile view.

4. The set will also include larger sheets that show overall layouts, and these may be at 1” = 60’ scale. Detailed/Enlarged View plans may be required at a larger scale such as 1” = 10’. The hydraulic profile of the system will be shown on a plan and profile sheet.

5. For the 60% design submittal, construction specifications will be limited to an outline identifying the anticipated specification sections that will be included in the construction documents. An engineer’s cost estimate will be prepared based on coordination with product manufacturers, recent bid results for the region, historical Caltrans data and RS Means. The estimate will be prepared in a format approved by the city and will break the project down into the different components (i.e. pump station, conveyance, holding tanks, landscaping, etc.). A contingency will be assumed at each design submission and be stepped down as the design is finalized.

6. Applicable adjustments will be included to account for LA County pricing for material and labor.

7. The plans, outline specifications, and cost estimate will be submitted electronically as PDF files to the City PM. Prior to submission, an internal QA/QC review will be conducted. The cost estimate will may be submitted no more than two weeks following the plan submission.

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8. It is assumed that a 60% Design Workshop will be convened, at a location to be named by the City, approximately two (2) weeks following receipt of the 60% Design Submittal. A review comment matrix will be prepared to capture review comments and responses of all comments. The responses will be meaningful and descriptive enough to allow for the City Project Manager to fully understand the nature of the comment and how the comment was addressed.

Plan revisions will be completed as part of the 90% deliverable.

9. It is during the beginning of the 60% design stage that any coordination with affected agencies and utility companies will be identified and started. Early coordination is key in case utility relocations or permits are required. Craftwater will conduct meetings and present the project including concepts, plans, schedules, and discuss impacts with the affected party. Meeting minutes will be prepared and distributed to those in attendance. We will add details and specifications to the design documents as required to minimize impacts and satisfy the affected stakeholder. ii. Task 5.2: 60% Constructability Review

1. A constructability review will be performed by a third party, Willdan Engineering, that will not directly oversee the design of the project. Willdan will perform an independent review of the construction documents. The review will focus on constructability, inter-disciplinary coordination, completeness, and general code compliance. At the 60% Review stage, it is not anticipated that the design elements will be fully detailed on the construction documents; therefore, approach to this review will be to primarily focus on big picture elements, such as the general design approach; identifying potential utility conflicts; correcting items that have been completed; identifying obscure, easy to miss details, such that they can be captured in the 90% submittal; and making
recommendations regarding value engineering, construction phasing, and contracting mechanism before the design gets too far along and renders these types of changes cost- or scheduleprohibitive.

2. The 60% Review will include an initial site visit to get familiar with the proposed project site, identify any current field conditions not reflected on the Plans, and identify any site access constraints.

The Constructability Reviewer will take time to review the plan set in totality to visualize how the whole puzzle fits together. They will conduct a cursory review of the sheet index and each of the plan sheets. That will allow him to visualize the construction process in a step-by-step manner, as if building the project conceptually in his mind, and logically discover whether there are Item #12. Page 75
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any incorrect or missing elements or documents. The 60% Review will also entail looking at the footprints of various construction elements and keying in on their perimeters where interfaces with other trades, components, utilities, and systems occur. iii. Task 5.3: 90% Plans, Specifications, and Estimate

1. The 90% submittal will consist of plan sheets that show changes to the 60% Design and incorporate comments received and expand to include additional details and sections of the various BMP components. Consultant shall include the City of Glendora General notes for Grading, Drainage, Erosion and Sediment Control, and Storm Water Runoff Management (as applicable) on the plans.

2. Comments received from the 60% Constructability Review will be incorporated into the design. All elements will be shown and coordinated within disciplines. All specification sections will be drafted in accordance with the City’s requirements and checked by the discipline lead checker. Prior to submission, an internal QA/QC review will be conducted.

3. Digital electronic PDF files of 90% plans, specifications, and cost estimate will be submitted to the City’s Contract Officer, eight (8) weeks following receipt of comments from the City.

4. It is assumed that a 90% Design Workshop will be convened, at a location to be named by the City, approximately two (2) weeks following receipt of the 90% Design Submittal. A review comment matrix will be prepared to capture review comments and responses of all comments. The responses will be meaningful and descriptive enough to allow for the City’s Contract Officer to fully understand the nature of the comment and how the comment was addressed.

Plan revisions will be completed as part of the 100% deliverable.

5. Consultant shall support the City with any presentations relevant to the City Council.

6. Consultant estimates that approximately 50 sheets will be developed for the final deliverable, using the latest AutoCAD format with a sheet size of 24”x36”.
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iv. Task 5.4: 90% Constructability Review

1. At the 90% Review stage, the construction documents are expected to be much more developed and near completion. Therefore, our Item #12. Page 76
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approach to the 90% Review will be to provide a much more detail-oriented review, including specifications, bid items, and engineer’s estimate. It will begin with back-checking the 60% Review comments to ensure they have been adequately responded to by Consultant. Then, the plan sheets and specification sections with specialty items, such as electrical, instrumentation, mechanical, stormwater, etc., will be distributed amongst the various team members who have an expertise in that particular field.

2. The 90% Review will include specifications and engineer’s estimate. Each disciplinary reviewer will review the relevant specification sections that pertain to their field to ensure that the technical specifications are complete and correlate properly to the Plans. Quantity takeoffs will be performed using Revu Bluebeam to calculate linear footages, areas, and per each quantities for unit price bid items. Construction notes and measurements
corresponding to separate bid items will be color coded in Bluebeam to ensure that every construction element is covered by a bid item, without overlap. Deliverables for review comments will be provided in a tabulated form utilizing Microsoft Excel, complemented by a marked-up pdf, utilizing text features in Revu Bluebeam to support and clarify the tabulated comments. The spreadsheet includes the reviewer’s initials sheet/page number, detail number/spec section, comment, and provide a column for Designer’s written response.
v. Task 5.5: 100% Plans, Specifications, and Estimate

1. Upon completion of the City review for the 90% design submittal and the Constructability Review, Consultant shall incorporate all agreed upon comments into the 100% final design plans. Prior to submission, an internal QA/QC review will be conducted.

2. One (1) final full-size 24”x36” hard copy and digital electronic files of 100% plans, specifications, and cost estimate will be submitted. The 100% submittal is the final plan set deliverable an no additional rounds of comments are anticipated.
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F. Task 6: Environmental Documentation and Permitting Support i. Task 6.1: Initial Study/Mitigated Negative Declaration Item #12. Page 77
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1. Consultant shall prepare an Administrative Draft Initial Study leading to a Mitigated Negative Declaration (IS/MND). This Scope of Work assumes that significant unavoidable adverse impacts would not occur with the adoption and implementation of the proposed project. Each of the topics identified in the current Environmental Checklist Form will be analyzed to document the nature and extent of potential environmental impacts for the proposed project. Consultant shall work with City’s Contract Officer to develop the project description that will be used to analyze each environmental issue, and which will be included in the IS/MND. For each technical issue discussed in the IS/MND, Consultant shall (1) provide a discussion of existing project site conditions; (2) conduct a project-specific analysis; and (3) identify all potential significant adverse environmental impacts. If necessary, Consultant shall provide feasible mitigation measures to reduce or avoid the significant impact(s). The analysis will address both short-term (i.e., construction) impacts, including air pollutant emissions, visual impacts, noise, and traffic; and long-term impacts associated with energy use, maintenance vehicle access, and noise from operation of the new facilities. Quantitative analyses related to air quality, greenhouse gas emissions, energy, and noise will be conducted. As the site and surrounding area are developed and only ornamental vegetation appears to be present, potential biological resources impacts will be assessed through biologist review of photographs taken during the site visit by an environmental planner and aerial photography. A Phase I Cultural Resources Assessment will be conducted and will be summarized in the IS/MND (no stand-alone report), and the results of the Section 106 Report (Task 2) will be summarized. The results of jurisdictional delineation (Task 3) will be summarized. This scope assumes the City will conduct all required tribal consultation; Consultant shall draft an initial consultation letter and attend up to four hours of meetings with tribal representatives and City staff.

2. Following City review of the Administrative Draft IS/MND, Consultant shall prepare an Approval Draft IS/MND for final review, followed by preparation of the IS/MND for public review.

We will be responsible for preparation, reproduction, and distribution of all noticing, including up to 50 Notices of Intent, 4 print copies of the IS/MND and appendices, electronic submittal to the State Clearinghouse, and posting with the County Clerk.

Following public review, we will spend up to 25 hours preparing a Response to Comments document for the City’s use and be available to attend one public hearing. Consultant shall file the Notice of Determination following adoption of the IS/MND and the City will be responsible for payment of all applicable filing fees. Consultant’s Project Manager will be available to attend up to Item #12. Page 78
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three project coordination meetings and one public hearing, to be conducted in-person or via teleconference.
ii. Task 6.2: Section 106 Assessment

1. Consultant shall evaluate potential impacts to the Los Angeles County Flood Control District (LACFCD) Channel, Little Dalton Wash, which is over 50 years old, for its potential for historical significance, as follows:
a. Prepare a built environment-focused Area of Potential Effects (APE) Map that will encompass all geographic
areas in which the proposed project has the potential to directly or indirectly affect the character or use of historic properties;
b. Conduct a pedestrian survey of all accessible portions of Little Dalton Wash that will be impacted by the project, c. Complete an historic significance evaluation for Little Dalton Wash, and
d. Prepare an historic built environment technical report in compliance with Section 106 of the National Historic
Preservation Act (NHPA).

2. It is assumed the United States Army Corps of Engineers (USACE), is the federal lead agency and that any documents, asbuilts, or plans on file with USACE for Little Dalton Wash will be provided for review as part of the evaluation. This scope of work assumes one draft and one final Section 106 technical report will be prepared.
iii. Task 6.3: Jurisdictional Delineation

1. Consultant shall perform a jurisdictional delineation to determine the extent of “waters of the U.S.,” including wetlands (if present), and/or “Waters of the State” that are located on the project site.

The proposed impact areas are defined as the ultimate limits of project disturbance including grading and any other constructionrelated activity (e.g., haul routes, storage areas) that involves temporary and/or permanent ground disturbance that can be characterized as dredge or fill within “waters of the U.S.,” and/or “waters of the State”. Digital files (in CAD or GIS) of the proposed project’s permanent and temporary disturbance areas will be evaluated to be used for impact analysis. The survey area for the field analysis will consist of the proposed project impact areas and any areas within an approximate 100-foot radius of the impact Item #12. Page 79
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areas (to account for future minor changes in the impact footprint).

2. Consultant shall conduct a field survey/assessment and will delineate the limits of jurisdictional waters in the survey area.

After the field assessment is complete, Consultant shall prepare a Jurisdictional Delineation Report that summarizes the findings of the field work. Exhibits that show the locations of all jurisdictional resources will be included, along with representative site photographs and wetland data forms to document the
presence/absence of wetland conditions (if necessary). A draft report will be provided for City’s Contract Officer review; one round of revisions to incorporate City comments is assumed. iv. Task 6.4: Regulatory Permitting

1. The scope of regulatory permitting outlined below represents an expected level of effort for coordination with the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) to acquire permits to authorize construction impacts for the Project. Agency permit application fees are not included in the budget for this task.

2. The level of effort to acquire regulatory permits varies significantly based on the complexity of a project and resource agency policies that are subject to change. The budgeted amount for regulatory permitting is our best estimate based on previous experience. If permit processing exceeds the expected level of effort, we may submit a contract amendment request. The cost associated with this task includes the preparation and submittal of permit application materials to the three resource agencies as well as time to coordinate with agency staff to effectuate the issuance of the agency permits, which would consist of project meetings, correspondence with agency staff, and preparation of any needed supplemental information.
a. Note: CDFW and the RWQCB are unable to issue permits until projects are shown to have completed the various
requirements of the CEQA. Proof of CEQA compliance is
indicated by providing a final Notice of Determination for any CEQA document. The USACE can issue a permit only
after the RWQCB permit is issued. CDFW permit
application materials are submitted via the Environmental Permit Information Management System (EPIMS) website,
which requires that the project applicant open an account on the site. The login information will be shared with us Item #12. Page 80
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for the purpose of uploading project application materials.

Permit application fees are not included in the proposed budget for this task; the project applicant is responsible for submitting the appropriate fees directly to the resource agencies.
v. Task 6.5: LACFCD Permitting

1. Consultant shall coordinate with City’s Contract Officer to assist with the LACFCD Permit for the diversion structure. Consultant shall prepare the LACFCD Permit application with input from the City using the Los Angeles County Permit System, EpicLA.

Consultant shall coordinate with the Los Angeles County Permit reviewers to address comments received from the 60%, 90%, and 100% design plans. Consultant shall facilitate the processing of the Use and Maintenance Agreement between the City and the LACFCD for the diversion structure. Consultant shall also prepare the required Exhibits (Limits of Maintenance responsibilities, channel access, etc) that will be included with the Use and Maintenance Agreement.

2. The LACFCD Permit application fees with the County is not included in this cost proposal. The City will be responsible for paying the initial LACFCD Permit application fee and for Los Angeles County Department of Public Works staff reviews. The City of Glendora may process these fees through an existing City Services Agreement with the County of Los Angeles Department of Public Works.

G. Task 7: Public Engagement
i. Task 7.1: Communication Materials

1. To ensure reaching out to the community and all stakeholders, informational and communications materials will be designed for print and adapted to digital formats for disseminating across diverse outlets. We will develop a social media toolkit, mailer/flier, and a project factsheet.
/ / /
/ / /
ii. Task 7.2: Finkbiner Park Pop-Ups

1. Pop-up activations at Finkbiner Park to allow the public to explore, with a facilitator on site to solicit input and answer questions. This creative form of engagement would include a pop-up booth with Item #12. Page 81
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informational materials as well as temporary seating, shade, wayfinding, and free refreshments (coffee, pastries). These could be hosted at different times to capture different people. Residents living within a ½ mile of the park site would receive a mailer inviting them to the event to take the survey and a text message invite.
iii. Task 7.3: Survey Development and Data Collection

1. Consultant shall develop a community survey to gather input and feedback on the design approach. City’ Contract Officer and City Staff will attend at least 6 community events to solicit input and share the survey digitally through social media/text banking. iv. Task 7.4: Key Stakeholder Interviews

1. Identify and interview key Glendora stakeholders which could include older adult clubs, baseball coaches, local youth, and/or business owners.
v. Task 7.5: Reporting and Presentations

1. Outreach Summary: Consultant shall complete an outreach summary report outlining the number of meaningful interactions, photos, and outcomes of the project outreach activities.

2. City Council Presentation:
a. Consultant shall participate in City Council meetings as needed.

H. Task 8: Grant Application Preparation and Submittal
i. Task 8.1: Grant Identification and Competitiveness Assessment

1. Consultant shall research and identify the most relevant funding sources for the project, considering the project’s benefits, proximity to disadvantaged communities, and other project characteristics. Consultant shall prepare a matrix of recommended funding sources and will prepare a competitiveness assessment based on each grant application guidelines and scoring criteria to assist the City’s Contract Officer in selecting the grant funding source that will provide the highest chance of award. This task will include review of the preliminary design documents and any other relevant project information and identification of design elements and project objectives that may enhance the project’s applicability to the identified grant funding source objectives and scoring criteria, in order to maximize the competitiveness of the project in Item #12. Page 82
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the grant selection process. The results of the competitiveness assessment will be provided in an Excel matrix. Consultant shall coordinate with City’s Contract Officer to review the
recommendations and identify the optimal funding source to pursue for the project. Consultant anticipates identifying up a minimum of two (2) unique funding sources for consideration as part of this process, including DWR Prop 1, Round 2 funding and State of California Prop 68 funding.
ii. Task 8.2: Grant Application Preparation and Submittal

1. At the direction of City’s Contract Officer, Consultant shall prepare one (1) grant application for the Finkbiner Park Stormwater Capture Project. Consultant and the City will be responsible for providing a detailed scope of work, project exhibits/plans that clearly define the limits of work, project location, and project elements, photo documentation, a detailed cost estimate, and any other technical project information that may be needed to adhere to the grant solicitation. Consultant shall identify the schedule for delivery of all deliverables for Task 8.2 once the grant funding source has been identified. The following effort will be conducted to provide a comprehensive, complete and timely grant application packet.

2. Task 8.2.1: Grant Application Kick-off Meeting
a. Consultant shall conduct a kick-off meeting to review and understand the City’s current project scope, proposed
budget, available local funds, project schedule, City
objectives, milestones, and other considerations that may be pertinent to the project “story” for the grant application.

Consultant shall also review the grant application
requirements and submittal deadline and will prepare a
delivery schedule to ensure successful, timely submission of the grant application. The schedule will identify
intermediate and final tasks and milestone dates of
completion in order to provide the City’s Contract Officer with ample review and submittal time. Furthermore, the
schedule will define roles and responsibilities associated with each task for the project team. Clear and defined roles, responsibilities, tasks, and schedule milestones will ensure that the grant application can be submitted on-time.

Meeting notes summarizing the discussion and agreed upon schedule will be provided to the City’s Contract Officer following the meeting.

3. Task 8.2.2: Generate Grant Application Data Request
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a. Consultant shall prepare a data request that summarizes the grant application needs that will be utilized to generate a draft grant application package. Information requests will typically include the following: project scope details, schedule details, budget information (existing or proposed), local funding (if available), a list of stakeholders that may provide letters of support, and other resources that may be used to supplement the application. Consultant shall utilize the initial grant competitiveness findings and
recommendations that were provided in Task 1 as a basis for generating the data request and the draft grant
application material.
b. Consultant shall coordinate requests for Letters of Support and collaborate the City to conduct other community and stakeholder coordination as necessary to generate the most competitive application for the City. Consultant shall track all data received and will compile information for inclusion in the grant application as necessary.

4. 8.2.3: Generate Draft Grant Application
a. Consultant shall prepare a draft grant application for the City’s review. It is anticipated that the grant funding source will likely be DWR Proposition 1 or State of California Proposition 68 funding. Such grant application shall
include a project narrative, project cost estimate and budget detail, project maps and exhibits, and other grant-specific information to completely respond to the grant application guidelines. Consultant shall provide one comprehensive (1) draft grant application in compliance with the applicable grant program guidelines for the City’s review. Consultant shall facilitate a meeting with the City to review all
comments to the draft application.
/ / /
/ / /
/ / /

5. 8.2.4: Generate Final Grant Application
a. Consultant shall incorporate all comments received in the draft application materials and prepare a Final grant
application for the City’s review. Final comments provided by the City’s Contract Officer and shall be addressed.

Consultant shall compile a final grant application and
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coordinate with the City to compile all necessary
signatures, and if applicable, resolutions, approvals, etc.

Consultant shall support City staff in submitting a final grant application by the stipulated submittal deadline.

I. Task 9: Operation, Maintenance, and Monitoring
i. 9.1: Operations and Maintenance Plan

1. Consultant shall develop an Operation and Maintenance (O&M) Plan for the Finkbiner Park Stormwater Capture Project. The Draft O&M Plan will include the operational procedures, maintenance schedule and procedures, if available equipment manufacturer data sheets, sensor calibration data, commissioning information, and system diagrams, will be included as part of the Draft O&M Plan.

The plan will be a comprehensive plan that will incorporate the pump station, diversion structure, storage chambers, and filtration.

The O&M Plan will address the requirements specified in the Safe, Clean Water Program Funding agreement for the City of Glendora.

A Draft O&M Plan will be developed for review by the LACFCD and a Final Draft O&M Plan will be prepared to also meet the LACFCD Permit Requirements (Task 6.5). The Final O&M Plan will be developed at a later date, following construction of the facility and will incorporate contractor submittals of the equipment manufacturer data sheets, sensor calibration data, and system diagrams.
ii. 9.2 Post-Construction Monitoring Plan

1. Consultant will develop a post-construction Monitoring Plan to evaluate the effectiveness of stormwater treatment facilities and include project quality objectives; sampling design; sampling procedures; quality control (but not to the level of a QAPP); data management, verification, and reporting; data quality assessment; and data analysis procedures. The plan will provide the sampling approach for the Finkbiner Park Blvd Stormwater Capture Facility.

The plan will identify the water quality parameters to be measured and sampling locations to assess the performance of the stormwater facility. The sampling locations will focus on the quality of dry weather urban runoff and stormwater at each of the diversion systems. The monitoring plan will address the requirements specified in the Safe, Clean Water Program Funding agreement. A Draft Monitoring Plan will be developed for review by the City and a Final Draft Monitoring Plan will be prepared.

The Final Monitoring Plan will be developed at a later date, following construction of the facility and will incorporate As-Built Drawings for the sampling locations.

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J. Task 10: Safe, Clean Water Program Reporting
i. 10.1: Quarterly Progress/Expenditure Reports

1. Participation in the Safe Clean Water Program requires Quarterly Progress/Expenditure Reports. Consultant shall prepare the reports using a format provided by the SCW program and submit to the City for review and comment before submitting to the Program.

The calendar year will be divided up into quarters with the end of the quarter months being March, June, September, and December.

Reports will be submitted no more than 45 days following the end of each quarter and include items specified in B-33 of the Regional Transfer Agreement.
ii. 10.2: Annual Summary of Quarterly Progress/Expenditure Reports

1. Consultant shall prepare an annual summary of the Quarterly Progress/Expenditure Reports for submission to the Watershed Area Steering Committee. This summary report will be submitted no more than six months after the close of the fourth quarter and include the items specified in the Regional Transfer Agreement. iii. 10.3: Miscellaneous Supporting Materials

1. Consultant shall provide necessary materials that the SCW Program requests that can assist with their evaluation of the project or to fulfill any additional reporting requirements of the County, State, or Federal government.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Task 1
i. Project schedule updated as needed over the course of the project ii. Attendance at the Kick-Off Meeting followed by up to twenty-four (24) monthly Project Team Coordination Meetings and including agenda, presentation, and summary notes.
iii. Monthly Progress Reports and Invoices
B. Task 2
i. Utility Search letters that will be sent to the purveyors by the City ii. Updated Topographic/Utility base map in AutoCAD format Item #12. Page 86
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C. Task 3
i. Draft and Final Geotechnical Engineering Report
D. Task 4
i. Hydrologic and Hydraulic Study (Draft and Final)
E. Task 5
i. 60% Design Plans and Specifications Outline
ii. 60% Design Workshop
iii. 60% Constructability Review - Design Plan Redlines and Comment Log iv. 90% Design Plans, Specifications Documents, and Cost Estimate v. 90% Design Workshop
vi. 90% Constructability Review - Design Plan Redlines and Comment Log vii. Response Matrix to 60% Comments
viii. 100% Design Plans, Specifications Documents, and Cost Estimate (Draft and Final)
ix. Response Matrix to 90% Comments
F. Task 6
i. Administrative Draft IS/MND
ii. Approval Draft IS/MND
iii. IS/MND for public review
iv. Section 106 technical report (draft and final)
v. Jurisdictional Delineation Report (draft and final)
vi. Permit application materials for USACE, RWQCB, and CDFW vii. LAFCD Permit application in EPICLA
G. Task 7
i. Communication Materials
ii. Event Summaries
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iii. Survey Questions and Survey Results
iv. Interview Summaries
v. Outreach Summary
H. Task 8
i. Competitiveness Assessment and Funding Recommendations – Matrix Table
ii. Draft Grant application (1 total)
iii. Final Grant application (1 total)
iv. Successful submittal of grant application to grantor I. Task 9
i. Draft and Final Draft Operations and Maintenance Plan ii. Draft and Final Draft Post-Construction Monitoring Plan J. Task 10
i. Quarterly Progress/Expenditure Reports (8 total)
ii. Yearly Summary Progress/Expenditure Reports (2 total) III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

IV. Consultant will utilize the following personnel to accomplish the Services:

A. Courtney Semlow, Project Manager
B. Oliver Galang, Principal Engineer
C. Andrew Takahashi, Design Engineer
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough. [THIS PAGE INTENTIONALLY LEFT BLANK]
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

TASK DESCRIPTION TOTAL COST
Task 1: Project Management, Coordination, and Meetings
Task 1.1: Project Schedule $ 5,442.00
Task 1.2: Project Coordination $ 45,140.00
Task 1.3: Project Meetings $ 41,942.00
Task 1.4: Project Administration $ 19,440.00
SUBTOTAL Task 1 $ 111,964.00
Task 2: Site Investigation and Utility Research
Task 2.1: Field Investigation $ 3,890.00
Task 2.2: Records Research $ 4,070.00
Task 2.3: Utility Research $ 11,088.00
Task 2.4: Potholing $ 16,632.00
Task 2.5: Topographic Survey and Utility Mapping $ 23,236.00 SUBTOTAL Task 2 $ 58,916.00
Task 3: Geotechnical Investigation
Task 3.1: Geotechnical Investigation $ 57,427.00
SUBTOTAL Task 3 $ 57,427.00
Task 4: Stormwater Capture Strategy Updates
Task 4.1 Hydrologic and Hydraulic Analyses $ 36,144.00
Task 4.2: Water Quality Analysis and Optimization $ 16,319.00 Task 4.3: Water Conservation Analysis $ 11,645.00
SUBTOTAL Task 4 $ 64,108.00
Task 5: Design Plans, Specifications, and Estimates
Task 5.1: 60% PS&E $ 233,290.00
Task 5.2: 60% Constructability Review $ 11,646.00
Task 5.3: 90% PS&E $ 166,519.00
Task 5.4: 90% Constructability Review $ 8,346.00
Task 5.5: 100% Plans $ 90,476.00
SUBTOTAL Task 5 $ 510,277.00
Task 6: Environmental Documentation (CEQA) and Permitting Support Task 6.1: CEQA Environmental Documentation and Technical Analyses $ 73,375.00 Item #12. Page 90
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01240.0001/535308.1 C-2
Task 6.2: Section 106 Assessment $ 10,473.00
Task 6.3: Jurisdictional Delineation $ 9,034.00
Task 6.4: Regulatory Permitting $ 37,408.00
Task 6.5: LACFCD Permitting $ 13,608.00
SUBTOTAL Task 6 $ 143,898.00
Task 7: Public Engagement
Task 7.1: Communication Materials $ 11,018.00
Task 7.2: Finkbiner Pop Ups $ 22,425.00
Task 7.3 Survey Development and Data Collection $ 14,186.00 Task 7.4: Key Stakeholder Interviews $ 5,068.00
Task 7.5: Reporting and Presentations $ 4,049.00
SUBTOTAL Task 7 $ 56,746.00
Task 8: Grant Application Preparation and Submittal
Task 8.1: Grant Identifiation and Competitiveness Assessment $ 5,690.00 Task 8.2: Grant Application Preparation and Submittal $ 44,834.00 SUBTOTAL Task 8 $ 50,524.00
Task 9: Operation, Maintenance, and Monitoring
Task 9.1: Operation and Maintenance Plan $ 15,072.00
Task 9.2: Post-Construction Monitoring Plan $ 8,516.00
SUBTOTAL Task 9 $ 23,588.00
Task 10: SCW Reporting
Task 10.1: Quarterly Progress/Expenditure Reports $ 17,032.00 Task 10.2: Annual Summary of Quarterly Progress/Expenditure Reports $ 6,408.00 Task 10.3: Miscellaneous Supporting materials $ 6,408.00 SUBTOTAL Task 9 $ 29,848.00
GRAND TOTAL (Not-to-exceed) $ 1,107,296.00
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

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A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Description Days to Perform Deadline Date
A. All Tasks 2 years 2 years from
City’s issuance
of a notice to
proceed
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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San Diego | Los Angeles
858.997.8172
craftwaterinc.com
March 21, 2022
Ms. Alison Sweet, Public Works Director
City of Glendora Public Works
116 East Foothill Boulevard
Glendora, CA 91741
Subject: Proposal for the Development of the Finkbiner Park Regional Stormwater Capture Project Design

Dear Ms. Sweet:

Craftwater Engineering appreciates the opportunity to submit the enclosed Fee Proposal (Scope of Work and Cost Proposal) to provide consulting services to develop the 100% design documents, environmental and documentation and permitting, and public outreach efforts to support the implementation of the Finkbiner Park Regional Stormwater Capture Project.

The design will contain all the components required for a construction-ready plan set including all necessary permits and CEQA documentation. We understand the importance of this project to the City and the Upper San Gabriel Watershed Management Program and well as its potential to meet the required pollutant load reduction goals. Our design approach includes a cost-benefit analysis which determines the optimum project size and type that will efficiently help achieve those pollutant goals.

Our key project team members include Courtney Semlow, PE (MA, VA), ENV SP, Project Manager; Oliver Galang, PE, ENV-SP, Principal Engineer, and Andrew Takahashi, PE, ENV SP, Design Engineer. We previously completed preliminary design and feasibility study reports for Finkbiner Park, which was selected for funding under the Safe Clean Water Program for the Fiscal Year 2021-22 Upper San Gabriel River Stormwater Investment Plan.

We look forward to supporting you and demonstrating our thorough understanding of stormwater capture project design as we execute a top-notched project for the City of Glendora. Services will be billed based on time and materials for a not-to-exceed price contract amount of $1,107,296.

Should you have any questions, please contact me at 213.598.4178 or [email protected].

Respectfully submitted,
Oliver Galang, PE
Principal Engineer, Craftwater Engineering, Inc.

Item #12. Page 94
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Ms. Sweet
March 21, 2022

Page 2 ends

Glendora City CouncilApril 26, 2022

Glendora City Council
April 26, 2022