Agenda packet, first session — Glendora City Council, November 8, 2022 (part 3 of 3)

The Designee may reject any and all Informal Bids submitted in response to a Request for Bids and otherwise shall award all Informal Bids, insofar as practicable, to the Lowest Bidder. The Designee shall be authorized to administer Purchase Orders for Goods, Services, and Construction awarded by Informal Procurement. Where the Department seeks the procurement of Services or Professional Services through Request for Proposals or Request for Qualifications, the Informal Bid shall be awarded in accordance with the evaluation criteria set forth in the Request for Proposals or Request for Qualifications.

The provisions of Section 2.040.070 shall also apply to all Contracts for Goods, Services or Construction awarded under Informal Procurement.

The Designee shall maintain and keep records of all Informal Procurements, including Informal Bids received, in accordance with the applicable City's Record Retention Schedule adopted by the City Council from time to time.

All communications from Bidders shall be directed only to the City representative and in the form as designated in the Request for Bids. Any communications, whether written or verbal with any City Councilmember or City staff other than the City representative designated in the Request for Bids, prior to the award of a contract, is strictly prohibited. Bidders violating this section shall be disqualified from consideration and rejected by the Designee.

2.40.080 Formal contract procedure.

For the acquisition of Goods, Services and Construction, Formal Procurement shall be conducted by the Designee and the Designee’s duly authorized representatives in conjunction with a Department, or may be Item #13. Page 15
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conducted by the Department, through the approval of the Designee and the Designee’s duly authorized representatives in a manner and under circumstances intended to elicit competitive responses.

The process, forms and systems used to conduct Formal Procurement, as recommended by the Designee and approved by the City Manager, shall be included in the City's Administrative Policy.

Formal Procurement shall be conducted under the supervision of the Designee if the Procurement expenditure is estimated to be more than Fifty Thousand Dollars ($50,000.00), except in those Procurement situations described in:
(a) 2.40.050 (Emergency Procurement);
(b) 2.40.060 (Exceptions)
(c) 2.40.070 (Informal Procurement);
(d) 2.40.090 (Procurement of Goods Exceptions);
(e) 2.40.100 (Procurement of Services Exceptions);
(f) 2.40.110 (Acquisition of Construction Exceptions);
When required by law, a Notice Inviting Bids shall be published at least once in a newspaper of general circulation in the City, the first publication of which shall be at least ten days before the time and date set by the Designee for opening the Formal Bids received. All other Notices Inviting Bids or Requests for Bids shall be published through the City bidding website for at least ten days before the time and date set by the Designee for opening the Bids received, unless otherwise exempted by the Awarding Entity. The notice shall include a general description of the Goods, Services or Construction sought to be Procured by the City, shall state where Specifications therefor may be obtained and shall set forth the time and place for a public opening of Formal Bids received timely. The Designee shall, in addition and as practicable, solicit Formal Bids from a sufficient number of responsible prospective bidders whose names appear on the bidders' lists maintained pursuant to Public Contract Code hereof by causing to be sent to them notification that will acquaint them with the Procurement items sought by the City. A Notice Inviting Bids for the procurement of Services or Professional Services may be issued in the form of a Request for Proposals or Request for Qualifications as deemed appropriate by the Designee.

Bids and bid securities, which security shall guarantee the Bid and be forfeited to the City if the Bidder is awarded the Contract but fails or refuses to honor the Bid and execute the Contract documents timely, shall be submitted to the City in the following manner:
(a) For Formal Procurement subject to PCC, the Bids shall be (i) submitted in the manner required by the City as specified in the solicitation document, (ii) accompanied by the type and amount of Bid security prescribed by PCC, (iii) sealed as prescribed in the Notice Inviting Bids or the specifications referenced in the notice, and (iv) submitted to the City's City Clerk Department within the time and in the manner specified by the notice or Specifications.

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(b) For Formal Procurement not subject to PCC, the Bid shall be submitted in the form required by the City, accompanied by the type and amount of Bid security specified, sealed, and submitted to the City Clerk Department within the time and manner specified in the notice inviting Bids or the Specifications referenced in the notice.

The Bids shall be opened and referenced as to Bidder identity and amounts Bid in public at the time and place specified in the published notice, and no Bid shall be received or recognized by the Finance Division, which has not been received prior to the time so specified. Bids submitted in response to a Request for Proposals or Request for Qualification shall be opened and evaluated in the manner provided in the Request for Proposals for the Request for Qualifications. If, upon the opening of Bids to provide Goods, Services or Construction not subject to the provisions of PCC, the Designee determines that the actual expenditure therefore would appear to be Twenty-Five Thousand Dollars ($25,000.00) or less, the Designee may convert the Formal Procurement to Informal Procurement procedures for award of a Contract.

After the Bids have been opened and referenced, the Designee shall cause them to be tabulated or, in the case of a Request for Proposals or Request for Qualifications, evaluated in accordance with the criteria established therein.

The Designee may in their discretion reject any and all Bids, or any segregable portions thereof, for any one or more types of Goods, Services or Construction included in the Specifications when the public interest is served thereby, provided specifically that any potential award does not otherwise require consideration by the Awarding Entity.

Contracts procured through Formal Procurement shall be awarded by the Awarding Entity to the Lowest Responsive and Responsible Bidder, except that:
(a) Contracts procured through Formal Procurement may be awarded by the Designee where the procurement is made using Cooperative Procurement methods and a supplemental appropriation is not otherwise required; (b) A Contract for Goods may be awarded to a local Responsive Bidder who is not the Lowest Responsive Bidder pursuant to Section 2.40.090; (c) Contracts procured through Formal Procurement for Services or Professional Services, where a Request for Proposals or Request for Qualifications was used to solicit Bids, shall be awarded by the Awarding Entity in accordance with the evaluation criteria set forth in the Request for Proposals or Request for Qualifications.

All Contracts procured through Formal Procurement shall be approved as to form by the City Attorney and City Council.

Contract bonds executed by good and sufficient sureties authorized to conduct surety business in the State of California and in such amounts as are required by law or deemed adequate to insure the faithful performance of a Contract in Item #13. Page 17
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the time and manner prescribed therein shall be required of the successful Bidder for all Contracts over $25,000 for Construction, where they are required by law, and in other instances as determined by the Designee. Contract bonds requirements shall be set out in the notice inviting bids or the specifications. "Contract bonds" means performance bonds (or functional equivalent such as supply bonds) to guarantee the Contractor's faithful performance of the awarded Contract in the time, manner and workmanship specified and payment bonds to guarantee the Contractor's payment of claims as prescribed in Section 9550 et seq. of the California Civil Code.

Contracts procured through Formal Procurement shall not be assigned by the Contractor without the written consent of the City Manager. In no event shall a Contract or any part thereof be assigned to a Bidder who was declared not to be Responsive Bidder during consideration of the Bids submitted in response to advertisement for that particular Procurement.

The Designee shall maintain and keep records of all Formal Procurements, including Formal Bids received, in accordance with the applicable City's Record Retention Schedule adopted by the City Council from time to time.

All communications from Bidders shall be directed only to the City representative and in the form as designated in the Notice Inviting Bids. Any communications, whether written or verbal with any City Councilmember or City staff other than the City representative designated in the Notice Inviting Bids, prior to the award of a contract, is strictly prohibited. Bidders violating this section shall be disqualified from consideration and rejected by the Designee.

2.40.090 Procurement of goods.

Acquisition of Goods by a Department under the supervision of the Designee:
(a) Of $50,000 or less may follow the Informal Procurement process; (b) Anticipated to be more than $50,000, shall follow the Formal Procurement process.

The process, forms and systems for the acquisition of Goods, as approved by the Designee and City Manager, shall be included in the City's Administrative Policy.

Competitive Procurement through the Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances:
(a) When an emergency arises and Emergency Procurement is undertaken pursuant to Section 2.40.050 hereof;
(b) When the Procurement involved is less than $2,500.00; (c) When the Procurement can only be obtained from a sole source and the Designee is satisfied that the best price, terms and conditions have been negotiated; Item #13. Page 18
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(d) When the Procurement can only be obtained timely from a single source and the Designee is satisfied that the best price, terms and conditions for the Procurement thereof have been negotiated;
(g) When the Procurement consists of replacement parts for the City's vehicles and other motorized Fleet related equipment;
(h) When Cooperative Purchasing is available and undertaken or when Goods can be obtained through Federal, State and/or other public entity pricing contracts or price agreements;
(i) Where payment for Goods is to be made to a Federal, State, and/or other public entity;
(j) When Goods can be Procured from a Bidder who offers the same or better price, terms and conditions as the Bidder previously offered as the Lowest Responsive Bidder under Competitive Procurement conducted by the City or another public agency, provided that, in the opinion of the Designee, it is in the best interests of the City to do so;
(i) A copy of the solicitation has been obtained from the originating city or public agency and reviewed by the purchasing Designee for compliance with this Section; and
(ii) The purchasing Designee determines that the specifications of the Goods or Services required by the City are not materially different from those specified in the originating city’s or public agency’s solicitation; and (iii) The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of such city or other public agency; and (iv) The purchasing Designee determines that the competitive bidding or proposal process utilized is at least the same as that contained in this Section; and The purchasing Designee determines that the competitive bidding or proposal process utilized is at least the same as that contained in this Section; and (v) The contract resulting from the original solicitation is current or the solicitation is within two (2) years from the date of the City’s order, or written justification is provided justifying use of an older solicitation; and (vi) The purchasing Designee determines that, as a result of piggyback purchasing, the price of the Goods or Services is lower than it would be if purchased directly by the City pursuant to this Chapter.
(k) When the Procurement is subject to Section 2.40.070 of this chapter; (l) When the Procurement is subject to Section 2.40.070 (Utility Exception) of this chapter, which generally allows for items peculiar to the needs of the Water Utility to be made through Informal or Negotiated Procurement;
(m) When the Procurement is subject to Section 2.40.070 (Library Exception), which generally allows for books, journals, maps, publications Item #13. Page 19
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and other supplies peculiar to the needs of the library to be made through Informal or Negotiated Procurement;
(n) When the Procurement is for wholesale water commodity, and water transmission purchases by or on behalf of the City's Water Utility Department; (o) When approved by the Designee, the City requires Goods not subject to the PCC, which are of such a nature that suitable technical or performance specifications describing them are not readily available and cannot be developed in a timely manner to meet the needs of the City, in which case the Designee shall be authorized to negotiate with any Person or Persons for the Procurement thereof upon the price, terms and conditions deemed by the Designee to be in the best interest of the City and in doing so may utilize Informal Procurement or Negotiated Procurement process;
(p) When the Procurement is for the renewal of maintenance, license(s), support, or a similar need for existing technology systems, including hardware, and the items procured are from the owner/developer of the software/hardware or from a sole source provider, and the Designee is satisfied that the best price, terms and conditions have been negotiated; and
(q) When the Procurement is for the renewal of maintenance, license(s), support, or a similar need for existing technology systems, including hardware, and the items are procured from a vendor/reseller that was originally selected based on the City's procurement standards, provided that 1) the contractor has been used continuously since such selection and 2) if there are not any nonsubstantive changes to the Procurement and 3) when it is determined by the Designee to be in the best interests of the City to do so; When the Procurement for Goods are to be procured through the use of Federal or State grant funding, procurement shall be done in accordance with the procedures herein. If the receipt of grant funding is conditioned upon requirements and procedures more strict than as set forth herein, the procedures necessary for the receipt of the grant funding shall be followed.

Certain federally funded Procurements are subject to sections 200.317 through 200.327 of Title 2 of the Code of Federal Regulations (CFR).

Federally funded Procurements shall follow the applicable CFR provisions, except where this Section provides for a stricter procedure, then the provisions of this Section shall apply. The Department is responsible for compliance with all aspects of grant requirements and shall inform the Designee of any and all grant requirements which affect the expenditure of grant funds and the procurement of Goods, Services, or Construction with grant funds.

In the Designee’s administration of Competitive Procurement pursuant to this chapter, the Designee shall be authorized to give such preferences for Goods, Services or Construction as required to give by applicable State or Federal law, or such preferences as are permitted by such law and specifically provided for from time to time by City Council resolution or ordinance.

Local Preference. In the Procurement of Goods for the City's requirements, Item #13. Page 20
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five percent (5%) preference shall be given to those vendors who have a local presence in the City of Glendora, provided that price, quality, terms, delivery and service reputation are determined to be equal by the Designee under the criteria set forth in section 2.40.080 hereof. To qualify as a local vendor, the Bidder must certify to the following at the time of Bid submission:
(a) It has fixed facilities with employees located within the City limits; (b) It has a business street address within the City limits (Post Office box or residential address shall not suffice to establish a local presence); (c) All sales tax returns for the Goods purchased must be reported to the State through a business within the geographic boundaries of the City and the City will receive a percentage of sales tax of Goods purchased as is allocable to the City from time to time under then existing state law; and
(d) It has a current City business license.

False certifications shall be immediate grounds for rejection of any Bid or if the Bid is awarded, grounds for voiding the Bid, terminating any Contract, and seeking damages thereto. This local preference shall not be applicable where otherwise prohibited by law, including but not limited to Procurements funded by utility rates and subject to Proposition 218 and/or Proposition 26 and Procurements funded by federal grants.

Recycled Goods Preference. In the Procurement of Goods for the City's requirements, preference shall be given, as the City Council from time to time hereafter directs by resolution or ordinance, to recycled Goods as defined and provided for in such state legislation as the State Assistance for Recycling (STAR) Markets Act of 1989 (commencing at Section 12150 of the California Public Contract Code) and the California Integrated Waste Management Act of 1989 (commencing at Section 40000 of the California Public Resources Code).

2.40.095 Purchase of used equipment.

If opportunities arise to purchase used equipment, such equipment may be purchased without competitive bidding, provided all the following conditions are met:
(a) The equipment being sold is warrantied or, in the case of an “as is, where-is” purchase, there is an inspection by a qualified party who certifies that the condition of the item is acceptable and adequate for efficient city use; (b) The dealer of the equipment is a bona-fide and reputable dealer as verified through reference checks or the equipment is being purchased from another governmental entity;
(c) The selling price of the equipment is less than twenty-five thousand dollars, including tax, installation, freight, and any other additional acquisition costs; (d) If no bids are received from the formal bidding process for the purchase of used equipment with a selling price of over twenty-five thousand dollars, a written request to commence negotiation with a vendor(s) must be submitted to the city Item #13. Page 21
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manager for approval. Acceptance of the contract is subject to city council approval.

Justification for the sole source purchase of used equipment must be documented and maintained as part of the procurement file.

It is not allowable to purchase used equipment when procedures for the acquisition of new equipment have been circumvented to avoid the competitive bidding process.

2.40.100 Procurement of services
Acquisition of Services by a Department under the supervision of the Designee:
(a) Of $50,000 or less may follow the Informal Procurement process; (b) Anticipated to be more than $50,000, shall follow the Formal Procurement process.

The process, forms and systems used in the acquisition of Services as approved by the Designee and City Manager, shall be included in the City's Administrative Policy.

Competitive Procurement through the Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances:
(a) When an emergency arises and Emergency Procurement is undertaken pursuant to Section 2.40.050 hereof;
(b) When the Procurement involved is less than $2,500;
(c) When the Procurement can only be obtained from a sole source and the Designee is satisfied that the best price, terms and conditions for the Procurement thereof have been negotiated;
(d) When the Procurement can only be obtained timely from a single source and the Designee is satisfied that the best price, terms and conditions for the Procurement thereof have been negotiated;
(e) When the Procurement consists of Services needed for the replacement parts for the City's vehicles and other motorized Fleet related equipment;
(f) When Cooperative Purchasing is available and undertaken or when Services can be obtained through Federal, State and/or other public entity pricing contracts or price agreements;
(i) Where payment for Services is to be made to a Federal, State, and/or other public entity;
(j) When Services, except for Professional Services, can be Procured from a Contractor who offers the same or better price, terms and conditions as the Contractor previously offered as the Lowest Responsive Bidder under Competitive Procurement or negotiations conducted by the City or another public agency, provided that, in the opinion of the Designee, it is in the best interests of the City to do so;
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(i) A copy of the solicitation has been obtained from the originating city or public agency and reviewed by the purchasing Designee for compliance with this Section; and
(ii) The purchasing Designee determines that the specifications of the Goods or Services required by the City are not materially different from those specified in the originating city’s or public agency’s solicitation; and (iii) The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of such city or other public agency; and (iv) The purchasing Designee determines that the competitive bidding or proposal process utilized is at least the same as that contained in this Section; and (v) The purchasing Designee determines that the competitive bidding or proposal process utilized is at least the same as that contained in this Section; and (vi) The contract resulting from the original solicitation is current or the solicitation is within two (2) years from the date of the City’s order, or written justification is provided justifying use of an older solicitation; and (vii) The purchasing Designee determines that, as a result of piggyback purchasing, the price of the Goods or Services is lower than it would be if purchased directly by the City pursuant to this Chapter.
(k) When the Procurement is subject to section 2.40.070 of this chapter. (l) When the Procurement is subject to Section 2.40.070 (Utility Exception) of this chapter, which generally allows for items peculiar to the needs of the Water Utility to be made through Informal or Negotiated Procurement;
(m) When the Procurement is subject to Section 2.40.070 (Library Exception), which generally allows for books, journals, maps, publications and other supplies peculiar to the needs of the library to be made through Informal or Negotiated Procurement;
(n) When approved by the Designee, the City requires Services not subject to the PCC, which are of such a nature that suitable technical or performance specifications describing them are not readily available and cannot be developed in a timely manner to meet the needs of the City, in which case the Designee shall be authorized to negotiate with any Person or Persons for the Procurement thereof upon the price, terms and conditions deemed by the Designee to be in the best interest of the City and in doing so may utilize Informal Procurement or Negotiated Procurement process;
(o) When the Procurement is for the retention of outside legal counsel and Services;
(p) When the Procurement is for the retention of Services associated with litigation and/or claims, or other such related matters, including but not limited to expert witnesses, arbitrators, mediators, court transcripts, court reporters, process servers, private investigators, court filing and messenger Services, and other legal support Services;
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(q) When the Procurement is by the City Manager or designee for an interim Department Head, interim Assistant Department Head or an interim Senior Management employee;
(r) When approved by the Designee and the Procurement is for the hiring of special instructors/performers, including but not limited to classes offered by the Community Services departments.
(s) When the Procurement is for the annual maintenance, license(s), support, or similar need for current technology systems, including hardware, and the items procured are from the owner/developer of the software/hardware or from a sole source provider, and the Designee is satisfied that the best price, terms and conditions have been negotiated; (t) When the Procurement is for the renewal of maintenance, license(s), support, or a similar need for existing technology systems, including hardware, and the items are procured from a vendor/reseller that was originally selected based on the City's procurement standards, provided that 1) the vendor has been used consecutively since then and 2) if there are any non-substantive changes to the procurement, the Designee is satisfied that the best price, terms and conditions have been negotiated;
(u) When the Competitive Procurement of less than $50,000 for Professional Services is waived with the written approval of the City Manager; and by the Designee to be in the best interest of the City and in doing so may utilize Informal Procurement or Negotiated Procurement process.

When the Procurement of Services are to be procured through the use of Federal or State grant funding, procurement shall be done in accordance with the procedures herein. If the receipt of grant funding is conditioned upon requirements and procedures more strict than as set forth herein, the procedures necessary for the receipt of the grant funding shall be followed.

Certain federally funded Procurements are subject to sections 200.317 through 200.327 of Title 2 of the Code of Federal Regulations (CFR).

Federally funded Procurements shall follow the applicable CFR provisions, except where this Resolution provides for a stricter procedure, then the provisions of this Resolution shall apply. The Department is responsible for compliance with all aspects of grant requirements and shall inform the Designee of any and all grant requirements which affect the expenditure of grant funds and the procurement of Goods, Services, or Construction with grant funds

2.40.110 Acquisition of construction services
Acquisition of Construction Services shall be completed in conformance with the PCC code. Formal Procurement process and Awarding Entity approval shall be required for acquisition of all Services above $50,000.

The process, forms and systems used to acquire Construction Services, as approved by the Designee and City Manager, shall be included in the City's Administrative Policy.

Competitive Procurement through the Informal Procurement and Formal Item #13. Page 24
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Procurement process shall not be required in any of the following circumstances:
(a) When an emergency arises and Emergency Procurement is undertaken pursuant to Article Three hereof;
(b) When the Procurement involved is less than $2,500.00; (c) When the Procurement can only be obtained from a sole source and the Designee is satisfied that the best price, terms and conditions for the Procurement thereof have been negotiated;
(d) When the Procurement can only be obtained timely from a single source and the Designee is satisfied that the best price, terms and conditions for the Procurement thereof have been negotiated;
(e) When procurements are conducted by Consultants on behalf of the City; (f) When Construction Services can be Procured from a Contractor who offers the same or better price, terms and conditions as the Contractor previously offered as the Lowest Responsive Bidder under Competitive Procurement or negotiations conducted by the City or another public agency, provided that, in the opinion of the Designee, it is in the best interests of the City to do so;
(i) A copy of the solicitation has been obtained from the originating city or public agency and reviewed by the purchasing Designee for compliance with this Section; and
(ii) The purchasing Designee determines that the specifications of the Goods or Services required by the City are not materially different from those specified in the originating city’s or public agency’s solicitation; and (iii) The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of such city or other public agency; and (iv) The purchasing Designee determines that the competitive bidding or proposal process utilized is at least the same as that contained in this Section; and (v) The purchasing Designee determines that the competitive bidding or proposal process utilized is at least the same as that contained in this Section; and (vi)The contract resulting from the original solicitation is current or the solicitation is within two (2) years from the date of the City’s order, or written justification is provided justifying use of an older solicitation; and
(vii) The purchasing Designee determines that, as a result of piggyback purchasing, the price of the Goods or Services is lower than it would be if purchased directly by the City pursuant to this Chapter.
(g) When Cooperative Purchasing is available and undertaken or when Services can be obtained through Federal, State and/or other public entity pricing contracts or price agreements;
(h) Where payment for Construction Services is to be made to a Federal, State, and/or other public entity;
(i) When the Awarding Entity waives bidding requirements when it is determined by the Designee to be in the best interests of the City to do so; Item #13. Page 25
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(j) When approved by the Designee, the City requires Construction Services, which are of such a nature that suitable technical or performance specifications describing them are not readily available and cannot be developed in a timely manner to meet the needs of the City, in which case the Designee shall be authorized to negotiate with any Person or Persons for the Procurement thereof upon the price, terms and conditions deemed by the Designee to be in the best interest of the City and in doing so may utilize Informal Procurement.

When the Procurement for Construction Services are to be procured through the use of Federal or State grant funding, procurement shall be done in accordance with the procedures herein. If the receipt of grant funding is conditioned upon requirements and procedures more strict than as set forth herein, the procedures necessary for the receipt of the grant funding shall be followed. Certain federally funded Procurements are subject to sections 200.317 through 200.327 of Title 2 of the Code of Federal Regulations (CFR).

Federally funded Procurements shall follow the applicable CFR provisions, except where this Resolution provides for a stricter procedure, then the provisions of this Resolution shall apply. The Using Agency is responsible for compliance with all aspects of grant requirements and shall inform the Designee of any and all grant requirements which affect the expenditure of grant funds and the procurement of Construction Services with grant funds.

2.40.090 Inspection and testing.

The purchasing Designee shall have the authority to supervise the inspection and testing of Goods delivered to determine their conformance with the specifications set forth in the purchase order or contract. The purchasing Designee shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries, which are necessary to determine their quality and conformance with specifications. Before payment is authorized, the satisfactory receipt of goods shall be established as prescribed in the administrative regulations governing the processing of purchase orders.

2.40.110 Gratuities.

The offer of any gratuity to an official or employee by any vendor or contractor, or perspective vendor or contractor, shall be cause for declaring such individual or firm to be an irresponsible bidder as provided in Sections 2.40.070 and 2.40.080.

2.40.130 Joint powers agreements.

Goods, and Services may be procured from any other governmental agency with which the city has entered into a joint exercise of powers agreement for such purpose, pursuant to the provisions of Section 6502 of the Government Code, provided:
(a) The sales price of the item to be purchased has been obtained through the competitive bidding process conducted within a previous twelve month period, by the other agency; and
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(b) The purchase can be made by the other governmental agency upon the same terms, conditions, and specifications at a lower price then can be obtained by the city through normal purchasing procedures;
(c) The city may combine its bidding or its purchases with those of another governmental entity when economically advantageous to do so. (Ord. 1688 § 2, 1998)

2.40.160 Public works contracts.

Public works contracts will abide by the provision of Section 20160 et. seq., of the Public Contract Code of the state.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Glendora hereby declare that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 4. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed. Adoption of this Ordinance would enact changes in land use regulations adding additional regulations and siting requirements on wireless facilities that would reduce their impacts, and it can be seen with certainty that its adoption will not have a significant effect on the environment because it will not allow for the development of any new or expanded wireless communication facilities anywhere other than where they were previously allowed under existing federal, state and local regulations.

SECTION 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this ___ day of ____, 2022.

City Council of Glendora, California
BY: __________________________________
KAREN K. DAVIS
Mayor
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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 Ordinance was introduced for first reading on the _____ day of ______, 2022. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the _____ day of ______, 2022.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #13. Page 28
Meeting Date: 11/8/2022 / Packet Page #: 510

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: POLICE DISTRICT(S): CITYWIDE
SUBJECT: APPROVE A MONTH-TO-MONTH CONTRACT EXTENSION FOR POLICE TOW SERVICES WITH JAN'S TOWING INC.

RECOMMENDATION
That the City Council:

1. Approve a month-to-month contract with Jan's Towing Inc. for police tow services.

EXECUTIVE SUMMARY
On September 26, 2017, the City entered a contract and franchise agreement with Jan’s Towing Incorporated (Jan’s Towing) to provide Official Police Tow Service. This contract was extended twice and is currently expired, effective October 4, 2022. Staff is administering the Request for Proposals (RFP) process presently and is seeking a month-to-month contract with Jan’s Towing Inc. until the RFP process is complete (anticipated December 2022).

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On July 29, 1997, the City entered into a contract and franchise agreement with Jan’s Towing to provide exclusive official police tow services. The contract was extended several times and the City awarded a new contract and franchise agreement to Jan’s Towing on July 25, 2006, and again on September 17, 2017. This contract was also extended twice and is currently expired (see attached).

DISCUSSION
The City of Glendora Police Department requires a tow company that can provide “non-consensual” vehicle towing and storage operations. Typical towing situations include removing illegally parked vehicles, towing inoperative vehicles due to traffic collisions or mechanical breakdowns, and the storage/impoundment of vehicles for investigations, evidence, and violations of law.

The police department requires towing services 24 hours a day, seven days a week, including holidays, with a maximum response time of between 20 minutes (daytime) and 25 minutes (nighttime).

The tow company must have tow trucks that have the capability of removing different types of vehicles in various conditions from the roadway and off the roadway. Different towing situations may require a flatbed tow truck, heavy duty tow truck, or a tow truck with off-road recovery capabilities.

Tow trucks must have the proper equipment, be in good mechanical shape, legally registered, and inspected annually. In addition, the drivers of the tow trucks must be properly licensed, trained, qualified to perform towing services, and capable of passing a background investigation.

Towed vehicles and their contents must be stored at a secure storage facility. The primary storage facility must be located within one mile of the city limits to provide timely access to police employees and community members. The storage facility needs additional areas within that restrict access for vehicles held as evidence. The storage facility must be able to store a minimum number of vehicles.

Item #14. Page 1
Meeting Date: 11/8/2022 / Packet Page #: 511
Staff Report Page 2 of 2
The tow company must be properly licensed, insured, and comply with all laws in all areas of their operation. In addition, the rates they charge shall be reasonable and comparable to other local towing companies.

Jan’s Towing has been providing these services to the City of Glendora since 1997. In addition, Jan’s Towing provides tow service for the Automobile Club of Southern California, United States Forestry, Los Angeles County Sheriff’s Department, California Highway Patrol, and other local police departments such as Azusa, Irwindale, and Covina. The police department is satisfied with the performance of Jan’s Towing and is seeking City Council approval to continue a month-to-month contract for the same level of service, while the RFP process is being administered. It is anticipated that the RFP process will conclude in December 2022.

FISCAL IMPACT
As the exclusive tow provider for the City of Glendora, the city previously required a minimum franchise fee of $3,500 per month. This fee will continue for the duration of the month-to-month contract, thus, not affecting the contract services revenue account.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Prepared By Julie Linger, Management Analyst
Concurs With Not Applicable
Reviewed By Matt Egan, Chief of Police
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. Original contract
B. Contract extension
C. Power point presentation
Item #14. Page 2
Meeting Date: 11/8/2022 / Packet Page #: 512

FRANCHISE AGREEMENT BETWEEN THE
CITY OF GLENDORA AND JAN’S TOWING INC.

FOR OFFICIAL POLICE TOW SERVICE
This Contract and Franchise Agreement is made and entered into this 26*^ day of September. 2017 into between the City of Glendora, a municipal corporation, located at 116 E. Foothill Blvd., Glendora, California 91741, and Jan’s Towing Incorporated, a California corporation with principal office located at 134 N. Valencia Street, Glendora, California 91741, herein after referred to as Jan’s Towing, effective as of the date upon signing by the authorized representatives of the City of Glendora and Jan’s Towing, for a term of three years. This Contract and Franchise Agreement can be extended for two separate one year extensions by mutual agreement of both parlies. Either parly may withdraw from the contract upon 60 day written notice to the other party.

WHEREAS, the City Council of the City at a meeting held on the 26^^ day of September, 2017, authorized the Mayor and City Clerk to enter into this Agreement.

WHEREAS, the City of Glendora requires a well-managed and financially sound firm with demonstrated experience and technical ability; qualified and trained personnel; secure and well-maintained facilities; updated and reliable equipment; and high levels of customer service and satisfaction to fulfill Official Police Tow Services (OPTS); and WHEREAS, the City of Glendora gave public notice soliciting a Request for Formal Proposal (RFP) for the purpose of establishing a multi-year contract for OPTS; and
WHEREAS, the incumbent OPTS, Jan’s Towing was the sole responder to the RFP and has been determined to meet the requirements of the RFP, including possession of the appropriate licenses, insurance, equipment and personnel; and WHEREAS, the parlies now hereby desire to enter into Agreement as fully set forth below.

NOW, THEREFORE, the parties hereto, in consideration of their respective mutual promises, agree as follows:

1. Objectives
This Agreement will establish a multi-year contract for Official Police Tow Service (OPTS) to be provided by Jan's Towing for the City of Glendora (City). Jan’s Towing will provide timely and professional towing and storage services for “non-consensual” vehicle towing and storage operations. “Non-consensual” towing and storing operations are those tow services ordered or requested by the City's Police Department or other City employees who are duly authorized by law to remove, impound, or store vehicles.

Jan’s Towing agrees to perform the services of the OPTS on an “on-call” basis as required by the City for the full term of the Contract as stated in the terms and conditions set forth within this Contract.

Item #14. Page 3
Meeting Date: 11/8/2022 / Packet Page #: 513

2. Exclusive Franchise for Official Police Tow Service
Jan’s Towing shall have the exclusive right to receive calls from the City of Glendora (City) during the duration of the Contract, subject to the terms of the Contract, to provide towing and storage services for vehicles which are involved in accidents, disabled, abandoned, impounded for evidence, impeding the flow of traffic or otherwise subject to being towed and stored at the direction of the City.

3. Basis For Acceptance Of Service
The Chief of Police or designee has the final authority on disputes as to the ability or authority to perform the tow services as stipulated within this Contract for the City of Glendora.

Whenever a driver or owner is requesting a towing service and is unable to specify a particular business, or when a police officer or other authorized City representative requests a towing sen/ice, the towing service called shall be Jan’s Towing for the City of Glendora. When more than one vehicle is to be towed from the scene of a traffic collision and the drivers do not specify a preference, Jan’s Towing shall be called for each vehicle being towed.

If it is determined that the towing service is not needed and Is canceled by the Glendora Police Department, up to any time prior to vehicle attachment on the scene, there shall be no charges placed on the request.

If Jan’s Towing is not available at the time of request or is unable to respond within the required response time, the handling officer or field supervisor may request another towing service to respond.

If Jan’s Towing is unable to handle the call due to size, location, etc., the handling officer or field supervisor may request another towing service to respond.

4. Reputation and Financial State
Jan’s Towing must throughout the duration of the Agreement, furnish proof of possession of the towing equipment and storage yard facilities necessary to perform the obligation set forth in the Contract, title to or lease on the land necessary to perform the obligation set forth in the Contract and meet the zoning and building requirements of the city in which the facility is located in. Jan’s Towing shall also possess a valid City of Glendora Business License at all times during the period of the contract awarded.

5. Scope of Services to be Performed
Jan’s Towing primary duty will be responding on a first priority basis to requests for towing services initiated by the Glendora Police Department.

Typical towing situations will include, but will not be limited to: removing illegally parked vehicles, towing inoperative vehicles as a result of traffic accidents, mechanical breakdowns, storing, or impounding vehicles for investigations, evidence or a violation Jan’s Towing - Police Towing Services Page 2 of 14
Item #14. Page 4
Meeting Date: 11/8/2022 / Packet Page #: 514
of law. Jan’s Towing must provide towing and storage services all hours of the day, every day of the year including holidays and weekends.

Jan’s Towing must maintain adequate personnel, equipment, and facilities at ail times to perform the required towing sen/ices, within the time frames outlined in the Agreement.

Jan’s Towing must pass a CHP inspection of their facility every 12 months during the length of this Contract.

Impounded Vehicles
While Jan’s Towing has custody of vehicles, they will be responsible for their safekeeping, including their contents, until they have been released to the owner or owner’s agent, or disposed of in the manner the law permits.

Jan’s Towing shall not release property from a stored or Impounded vehicle without written authorization from the Glendora Police Department.

6. Personal property is considered to be items that are not affixed to the vehicle.

Until Jan’s Towing receives the Police Department's written authorization, they will not release a vehicle to an owner or the owner’s agent when the Police Department is:

Holding the vehicle for investigation, examination, evidence, or requests its special handling or protection (“police hold vehicles”); or Impounding that vehicle for unpaid parking citations, lack of current registration, or a violation of law (“impounded vehicles").

To prevent damage to police hold vehicles or denigration of any evidence in or upon those vehicles, such as fingerprints or stains, Jan’s Towing must store police hold vehicles in a secure area protected against the elements, sources of contamination, and entry by unauthorized persons. Jan’s Towing must make the secure storage area available to authorized individuals only for the period of time determined by the Police Department to allow for the proper collection, documentation, and analysis of the evidence.

Jan's Towing rates, charges, and fees for non-consensual towing, storage, or performing other sen/ices under the Contract must not exceed the rates, charges, and fees stated in this Contract in the section titled “Tow Rates and Storage Fees.” Any impounded vehicle cannot be released without release authorization from the Glendora Police Department.

When Jan’s Towing releases a stored or impounded vehicle, the towing company shall require proper identification. If the person requesting the release of a vehicle does not have proper identification, Jan’s Towing shall refer the person to the Glendora Police Department for further processing. The final decision for release of a vehicle shall come from the on-duty Watch Commander or designee. Jan’s Towing shall adhere to this decision at all times.

Jan’s Towing - Police Towing Services Page 3 of 14
Item #14. Page 5
Meeting Date: 11/8/2022 / Packet Page #: 515
Response Time
Jan’s Towing shall respond to the Glendora Police Department calls twenty-four (24) hours a day, seven days a week, including holidays, within the maximum response times as follows:

7. Daytime (0700 to 1800) - 20 minutes
Nighttime (1800 to 0700) - 25 minutes
The Jan’s Towing dispatcher shall notify the Police Dispatcher when a tow vehicle cannot respond within the stipulated times and shall give the reason and an estimated time of arrival. Jan’s Towing may park up to two tow trucks on City streets overnight in order to facilitate a timely response to police calls for tow services during early morning hours (0100 hours to 0600 hours).

8. Duties at the Scene
After being requested to the scene by the Glendora Police Department, the Jan’s Towing operator shall:
● Neither move the vehicle nor attach to any vehicle until so instructed to do so by a member of the Police Department.
● Shall clean up, remove and properly dispose of any and all debris from the accident scene as required by the Glendora Police Department and the California Vehicle Code.
● Provide towed vehicle owners, when present at the scene, with a business card or other information, indicating where the vehicle will be stored.

9. OPTS Provider’s Compensation
Except as the Contract or the law provides, Jan’s Towing will not receive any monetary compensation from the City for providing towing or storage services. Jan’s Towing compensation will come solely from its collecting towing and storage fees from the vehicle’s owner or the owner's agent. In place of compensation and in exchange for Jan’s Towing services, the City will give Jan's Towing the special privilege and exclusive right of:

A. Identifying itself as a City “Official Police Tow Services Provider”; B. Receiving the Police Department’s calls for service; and C. Furnishing the public with non-consensual vehicle towing and storage services.

10. Records
Records shall be maintained by Jan’s Towing relating to vehicles impounded or stored at the City’s request.

Jan’s Towing - Police Towing Services Page 4 of 14
Item #14. Page 6
Meeting Date: 11/8/2022 / Packet Page #: 516
Jan’s Towing shall keep complete and accurate records of all vehicles impounded or stored at the request of the City and shall include the amount of charge on each vehicle.

The report shall list the number of vehicles stored or impounded at the request of the City that are sold through lien sale. Jan’s Towing shall provide a monthly report to the Chief of Police within thirty (30) calendar days after the end of each month containing the above information. The report shall be limited to vehicles impounded or stored by the City.

Jan’s Towing shall maintain records of the times that calls for service are received, dispatched, and the times the tow vehicle arrive on scene.

All records required to be kept by Jan's Towing shall be available for inspection by representatives of the Glendora Police Department and the California Highway Patrol during normal business hours or within reasonable time period requested by either agency for after hour inspection. Records must be retained by Jan’s Towing for a minimum of three years after vehicle has been released or sold through lien sale before destroying.

Jan’s Towing must also notify the Department of Justice as per section 10652 of the California Vehicle Code.

11. Franchise Fees
For the privilege of being the exclusive OPTS provider for the City of Glendora, the city requires a minimum of a $3500 monthly Franchise Fee be paid to the city from Jan’s Towing. This Franchise Fee is not contingent upon the number of vehicles stored or impounded. Payment of the Franchise Fee must be submitted to the city within 15 business days following the previous month. Failure to remit fees is grounds for suspension and/or revocation of any award of Contract by the City of Glendora in its sole determination.

Tow Rates & Storage Fees
Jan’s Towing must follow the rate schedule covering the towing and storage of vehicles as stated below:

12. Fees charged for response calls originating from the Glendora Police Department shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person.

The rate for towing shall be from the primary towing facility and return to the same. A one-hour minimum may be charged. Charges in excess of one hour may be charged in fifteen-minute increments. There shall be no additional charge for labor, mileage, etc.

The tow rates and storage fees for the Jan’s Towing must not exceed the towing and storage rates established each year by the local Baldwin Park California Highway Patrol Station (CHP). The CHP rates are based on the average of 19 CHP authorized local towing company’s towing and storage rates. These rates may be reviewed annually on June 1®‘ to match any local CHP rate and fee changes. Jan's Towing must notify the Chief of Police in writing of any tow rate and storage fee increase to match the CHP rates and fees, notification must be received by June 1®*. The Glendora Police Jan’s Towing - Police Towing Services Page 5 of 14
Item #14. Page 7
Meeting Date: 11/8/2022 / Packet Page #: 517
Department will verify any increases and will notify Jan’s Towing in writing by July 1^* of any disputes. Any disputes will be reconciled through a meeting between the Glendora Chief of Police and/or designee and the OPTS owner. If the rate and fee increases are verified, the new rates will take effect on July 1®*.

The rales that are in effect as of July 1,2017 are outlined in Attachment A.

Vehicles stored eight hours or less shall be charged no more than one-day storage.

Each day thereafter shall be calculated by the calendar day.

A copy of the rate schedule shall be maintained inside each tow vehicle and presented upon request of the vehicle owner or driver. In addition, the fees shall be posted in a conspicuous location, subject to approval of the police department, for the customer to see.

In the event that a vehicle is stored or impounded at the direction of the Police Department and it is subsequently determined that the City is responsible for the cost of such storage and/or towing, the towing company agrees not to assess the City for costs of tow and/or storage of the vehicle.

13. Business Hours
Jan’s Towing must have normal business hours from 0800 to 1700 hours, five (5) days a week (Monday through Friday) and 0800 to 1200 hours on Saturdays, excluding legal holidays.

Police Availability: Jan’s Towing shall make their services available on a 24-hour, 7 day a week basis, including holidays.

Public Availability: There shall be a Jan's Towing employee or agent available in person during normal business hours at the OPTS office to handle requests for service and release of impounded / stored vehicles. Normal business hours will be from 0800 to 1700 hours, five (5) days a week (Monday through Friday) and 0800 to 1200 hours on Saturdays, excluding legal holidays.

Jan’s Towing may charge a flat after hours release fee in addition to any previously incurred tow and storage fees for vehicles released outside their normal business hours.

See Attachment A for the rates that are in effect as of July 1, 2017.

14. Acceptance of Payment
The operator shall accept payment by a valid bank credit card or cash for towing and storage charges. The operator shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. This payment can be accepted from the registered owner, legal owner or the agent claiming the vehicle (22651.1CVC).

Towing of City Vehicles: City vehicles requiring towing will be towed and stored free of charge.

Jan’s Towing - Police Towing Sen/ices Page 6 of 14
Item #14. Page 8
Meeting Date: 11/8/2022 / Packet Page #: 518
Rates for service calls (out of gas. lock outs, etc.) shall be from the time dispatched to the end of the service with a thirty minutes minimum. Charges in excess of thirty minutes may be charged in fifteen-minute increments. See Attachment A for the rates that are in effect as of July 1, 2017.

15. Facilities
Jan’s Towing must operate and maintain a storage lot and business office on the same site within one mile (based on actual driving distance) of the city limits of the City of Glendora to allow for convenient access by Police Department personnel and the public. This lot will be referred to as the “primary storage lot” or “primary storage facility."
Jan’s Towing may operate a “secondary storage lot" outside the City Of Glendora which will be used for overfill and back up purposes if the primary storage lot is full. This secondary storage lot must be within five miles (based on actual driving distance) of the city limits of the City of Glendora.

Both storage lots must be in compliance with all City, State, and Federal regulations relating to the operation and maintenance of tow service business. Vehicles stored or impounded by order of the Police Department must be stored at one of these lots unless prior approval is granted by the on-duty Police Watch Commander. Provisions must be made for adequate security of vehicles and property stored and under the control of Jan’s Towing. Minimum standards for these lots include:
● All vehicles shall be stored in a building or in a storage area that is enclosed by a substantial wall or fence which meets the requirements of the jurisdiction in which the facility is located, and approved by Glendora Police Department. ● Jan’s Towing must have a minimum storage capacity of 250 vehicles between the primary and secondary storage lot within five miles of the city. However, the primary storage lot within a mile of the city limits must have a capacity of at least 100 vehicles.
● Required storage facilities must comply with the Municipal Codes for the city that the business is located, and/or meet approved county codes if applicable. ● All authorized storage facilities must be approved for security by the Glendora Police Department. Any breach of security in buildings or fences must be repaired within 24 hours.
● Due to the involvement in the commission of crimes, preservation of evidence, or for other reasons Jan’s Towing shall maintain an enclosed locked storage facility where the storage spaces shall be protected from the elements of weather, tampering, and other forms of contamination,
o Jan’s Towing must have the capability to store a minimum of twenty vehicles in an enclosed locked storage facility with six additional spaces that can be secured by the Glendora Police Department. However, the primary storage lot within one mile of the city limits must be capable of Jan’s Towing - Police Towing Services Page 7 of 14
Item #14. Page 9
Meeting Date: 11/8/2022 / Packet Page #: 519
storing a minimum of ten vehicles in an enclosed locked storage facility with four additional spaces that can be secured by the Glendora Police Department.

Protection shall also be provided to preclude evidence contamination by employees and other individuals. Evidence contamination is defined as access, removal or touching of any items, papers, vehicle parts, etc., of a police hold vehicle that is impounded by the Glendora Police Department for investigation purposes.

The Glendora Police Department will designate when a vehicle is to be placed into inside storage for evidence purposes and may place a seal on each door of the vehicle or door(s) of the impound facility to maintain chain of evidence. Vehicles placed into inside storage for evidence purposes shall not be removed from such protection until approved by the Glendora Police Department.

The Police Department may inspect any storage and business facility to ensure it meets the all specifications.

16. Operating Equipment
At its expense, Jan’s Towing must have the following equipment that conforms to the California Highway Patrol’s Classification (CHP Class) for the gross vehicle weight ratings (GVWR) of a truck chassis.

Jan’s Towing vehicles must also be in compliance with the applicable provisions of the California Vehicle Code, applying to tow trucks (615 CVC), including but not limited to Sections 615,21711, 24606, 25100, 27700, 27907, and all other regulations pertaining to lighting and safety equipment.

The following equipment is a requirement of this contract:

A minimum of two (2) flatbed car carrier (Class A or Class B); plus A minimum of (4) light-medium duty tow trucks, consisting of; A.

At least one (1) light duty (Class A); plus
At least one (1) medium duty (Class B); plus
Two (2) additional tow trucks, whether (Class A), or (Class B), or both; plus

1. 2.

3. C. At least one (1) of each of the following:

Super heavy duty recovery vehicle (Class C or D) that is capable of driving off road and conducting mountain/hillside recoveries; plus
Super heavy duty tow truck (Class D) that has a rotator.

1. 2.

At least one (1) tow truck that is equipped to lift and carry a disabled person in a wheel chair; plus
D.

Jan’s Towing - Police Towing Services Page 8 of 14
Item #14. Page 10
Meeting Date: 11/8/2022 / Packet Page #: 520
All trucks must have two-way radio communication equipment.

All tow vehicles must have adequate equipment for the towing of vehicles.

Basic equipment shall include:

Fire Extinguisher(s)
Broom
Shovel
Reflective Triangles
Flares
Trash Can(s) with Absorbent Material
Office to Truck Radio System
Jan’s Towing shall install and maintain radio transmission and reception equipment allowing for contact with each authorized tow vehicle.

Motorcycles that are stored, impounded or towed from a collision scene at the request of the Police Department shall be hauled by a trailer that is designed to carry motorcycles or by a flatbed truck in an upright position.

Any and all equipment used and maintained by Jan’s Towing must be available for inspection by the Police Department upon request.

All equipment and vehicles to be used under this agreement shall be inspected by the California Highway Patrol at least one time per year. All vehicles and equipment shall display a current inspection sticker issued by the California Highway Patrol prior to its use under this Contract. The Police Department may conduct random vehicle and equipment inspections to ensure compliance with this agreement.

The Police Department may inspect Jan’s Towing facilities used under this contract at any time during normal business hours.

Jan’s Towing must have equipment for and have personnel proficient in unlocking locked vehicles when requested by the Police Department.

Throughout the term of this Contract, Jan’s Towing shall maintain in good condition the real property and improvements thereon, and all vehicles, facilities, equipment and material used in the performance of the service required by this Contract.

Jan’s Towing tow trucks and flatbed car carriers must meet all of the above operation equipment requirements and specializations.

17. Trained Personnel
At its expense, Jan’s Towing must have a sufficient number of properly licensed, trained, and qualified employees to perform the services described in the Contract. The City may at its discretion and expense, conduct a background check as part of the proposal evaluation process of any employee that may include, but is not limited to; Fingerprinting, a check of criminal convictions, credit history, driving history, and civil liens and judgments. If the City determines, through a background check, that an Jan's Towing - Police Towing Services Page 9 of 14
Item #14. Page 11
Meeting Date: 11/8/2022 / Packet Page #: 521
employee is not qualified to provide services to the City as specified in the Contract, the City will notify the provider in writing as to the City’s findings. Although the provider may retain the disqualified employee, the provider must not use or dispatch the disqualified employee for a sen/ice that the provider provides to the City under the Contract.

Jan’s Towing shall maintain at least four qualified drivers available at all times with at least one driver having a valid Class A license.

Jan’s Towing operators and tow truck drivers must be sufficiently trained and capable to ensure safe and proper discharge of their service responsibilities.

All authorized tow truck drivers shall possess a proper class of driver’s license according to section 12520(a) of the California Vehicle Code. Jan's Towing operators shall participate in the Employer Pull Notice Agreement through the Department of Motor Vehicles. Jan’s Towing is required to notify the Glendora Police Department of any Pull Notices received on their drivers.

The city may require proof of any of the above prior to the award of the Contract.

Jan’s Towing operators shall present a neat, clean and professional appearance.

Drivers shall wear uniform type pants and shirt.

All Jan’s Towing operators or their agents shall give to the driver or owner of a vehicle to be stored, impounded or towed away, a business card, or receipt with the service name, address and phone number.

18. Insurance
Jan’s Towing assumes all risk in the event of damage, theft, fire of the vehicles or any property towed and stored by the towing service, its employees or agents. Any and all claims, demands or liability arising out of or encountered in connection with this Contract shall be borne by Jan’s Towing.

At its own expense, Jan’s Towing must obtain, pay for, and maintain during the Contract's term insurance policies, listed below, to fully protect Jan’s Towing and the City from claims and suits for bodily injury, personal injury, property damage, and medical payments.

Commercial Business Automobile Liability (as required by section 16500.5 CVC). Bodily injury and property damage with a combined single limit of not less than $1,000,000.00 for all vehicles.

1. 2. Uninsured Motorist Insurance
On-Hook Liability Coverage-Insuring the vehicle in tow from loss or damage with limits based on the size of the tow truck as follows:

Class A Tow Truck $25,000.00
Class B Tow Truck $50,000.00
Class C Tow Truck $100,000.00
Class D Tow Truck $100,000.00
Jan’s Towing - Police Towing Services

3. a.
b.
c.
d.

Page 10 of 14 ends

Item #14. Page 12
Meeting Date: 11/8/2022 / Packet Page #: 522
Garage Liability-Including the premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $1,000,000.00.

Garage-Keepers Liability - Protecting a vehicle from loss or damage while the vehicle is in Jan's Towing care, custody or control.

Workers Compensation Insurance-Maintain a policy of worker’s Compensation insurance providing coverage of persons employed by Jan’s Towing in connection with work performed in, upon, or around the vehicle to be towed, stored or impounded during the period covered by the Contract. The policy must meet all statutory benefit requirements of the Labor Code of the State of California.

4. 5.

6. Jan's Towing shall submit to the Glendora Police Department a certificate of insurance, which shall not be canceled prior to the termination of the contract. The City of Glendora shall be a named insured in the policy. Jan's Towing shall deliver a copy of said policy to the Glendora Police Department, subject to the approval of the City Attorney as to form, no later than two (2) weeks prior to the effective date of the contract.

Coverage is to be provided by insurers admitted/authorized to do business in the State of California and approved by the City. Defense coverage must be in addition to policy limits. If umbrella coverage is used, it must include drop down coverage if underlying coverage does not apply, and the umbrella policy must have the same starting and ending date as the primary policy. Coverage is required to be maintained for the complete duration of the agreement. All insurance required hereunder shall be Issued by a company rated “A” or better in Best’s Key Rating Guide and authorized to transact business in the State of California as an admitted surety insurer. Jan’s Towing shall provide evidence of insurance by certificates or copies of policies. Jan’s Towing shall have the sole right to select its insurance carrier, provided such carrier lawfully transacts business in the State of California.

19. Additional Requirements
Jan's Towing agrees that any donations, gifts, free services provided outside of this contract to any city official or employee, city department, or city affiliated associations be documented and immediately reported to the City Manager’s office.

In addition, Jan’s Towing agrees that they will not sell any lien sale vehicle to a Glendora Police Department employee.

20. Indemnity
Jan’s Towing agrees to protect, indemnify, defend and hold harmless the City of Glendora from all claims, demands or liability arising out of or encountered in connection with this Agreement or the performance of work under it. where such claims, demands or liability are caused by the towing service, its employees or agents.

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21. Independent Contractor Status
This Contract is not intended, and must not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between the City and Jan's Towing. Jan’s Towing understands that in performing its services under the Contract, Jan’s Towing is, and will be. an independent contractor. Jan’s Towing acknowledges that Jan’s Towing and its employees, subcontractors, and anyone who Jan’s Towing directly or indirectly hires, employs, or uses are not employees or agents of the City of Glendora under any circumstance.

Jan's Towing has, and will retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons who they use in performing the services under the Contract. Jan's Towing must provide the required services in its own manner and method, except as this contract specifies.

Jan’s Towing agrees to comply with all federal, state, and local laws.

22. Assignment on Transfer of Service Contract
Jan’s Towing shall not assign or transfer in whole or in part the service to be performed by the provisions of this contract unless prior written consent of the Chief of Police of the Glendora Police Department or his designated representative has been received.

23. Termination of Contract
The Chief of Police shall have the authority to immediately suspend the Contract with Jan’s Towing if the conduct by Jan’s Towing or its agenls/employees is deemed to be a danger to the public.

Each party to this Contract shall have the right to terminate this Contract in its entirely at any time by giving the other party sixty (60) days written notice of the termination of the Contract. Termination of the Contract shall not affect the obligation of Jan’s Towing to pay franchise fees that were payable at the time of termination and shall not affect the indemnity provisions of this Contract.

Length of Contract and Franchise Agreement.

The term of this agreement is for three years. This Contract and Franchise Agreement can be extended for two separate one year extensions by written agreement of both parties.

24. City of^lendora Jan’ ing
(alkenbtjsh, President
{Name, Title)
Jai
Date: Date:

Jan’s Towing - Police Towing Services Page 12 of 14
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APPROVED AS TO FORM:
ou
D. Wayne Attorney
Date:

V*-Q»
Katpleen R. Sessman, City Clerk
/ol^l^on Date:

Jan’s Towing - Police Towing Services Page 13 of 14
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Attachment A: Rates
(Effective July 1,2017)
Jan’s Towing Rates current approved California Highway Patrol Rates:

TOWING* STORAGE
Regular $200.00 $55.00
Handicap $185.00 $53.00
Medium Duty $345.00 $60.00
Heavy Duty $405.00 $60.00
Military (Recovery) $650.00
Rotator $690.00
$97.50 - $197.50 After Hours Release
$35.00 - $100.00 Lien Sale Fee (After 72 Hours)
$97.50 - $197.50 Service calls, tire changes, lockouts, fuel delivery, etc charges should be one half the hourly rate for the class of vehicle being serviced plus the cost of fuel.
*AII towing rates are per hour port to port with one hour minimum, thereafter billed in 15 minute increments.

Storage rates are per day.

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01240.0001/826185.2

AGREEMENT TO EXTEND ON A MONTH-TO-MONTH BASIS CONTRACT FOR POLICE TOW SERVICES WITH JAN’S TOWING, INC.

THIS AGREEMENT TO EXTEND ON A MONTH-TO-MONTH BASIS
CONTRACT FOR POLICE TOW SERVICES (“Month-to-Month Agreement”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and JAN’S TOWING, INC., a California corporation (“Contractor”) is effective as of the _____ day of __________, 2022.

RECITALS
A. City and Contractor entered into that certain “FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND JAN’S TOWING INC. FOR OFFICIAL POLICE TOW SERVICE” (“Agreement”), dated September 26, 2017, whereby Contractor agreed to provide certain towing services to the Glendora Police Department under the terms and conditions set forth therein.

B. The term and extended terms of the Agreement have now expired and the City deems it timely, desirous, and appropriate to undertake a formal competitive bidding process to award a new police towing services agreement.

C. In the interim City and Contractor have agreed to extend, on a month-to-month basis, and not to exceed six (6) calendar months from the date of this Month-to-Month Agreement, the existing terms and conditions of the Agreement.

TERMS

1. Contract Extension. The Agreement is hereby extended, on a month-to-month basis as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. “This Contract and Franchise Agreement is made and entered into this 26th day of September, 2017 is hereby extended, on a month-to-month basis effective _____ day of __________, 2022 into by and between the City of Glendora, a municipal corporation, located at 116 E. Foothill Blvd., Glendora, California 91741, and Jan’s Towing Incorporated, a California corporation with principal office located at 134 N. Valencia Street, Glendora, California 91741, herein after referred to as Jan’s Towing, effective as of the date first shown above upon signing by the authorized representatives of the City of Glendora and Jan’s Towing, for a term of three years.

This Contract and Franchise Agreement can be extended for two separate one year extensions by mutual agreement of both parties. Either party may withdraw from the contract upon 60 30 days advance written notice to the other party but in no event shall this Agreement extend beyond the close of business six (6) calendar months beyond the date noted above.”

2. Continuing Effect of Agreement. Except as extended by this Month-to-Month Agreement, the provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Month-to-Month Agreement, whenever the term “Agreement” DocuSign Envelope ID: B60387F3-6869-4E21-B05E-9EE194263501 Item #14. Page 17
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01240.0001/826185.2
appears in the Agreement, it shall mean the Agreement, as extended by this Month-to-Month Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Contractor represents and warrants to City that, as of the date of this Month-to-Month Agreement, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Month-to-Month Agreement, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Month-to-Month Agreement.

5. Authority. The persons executing this Month-to-Month 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 Month-to-Month Agreement on behalf of said party, (iii) by so executing this Month-to-Month Agreement, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Month-to-Month Agreement does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Month-to-Month 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/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

JAN’S TOWING, INC.

Name: Jan Qualkenbush
Title: President
Email Address: [email protected]
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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Contract for Extension for
Police Tow Services
Police Department
City Council Meeting
Item # _
November 8, 2022
CityOfGlendora.org
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2 Background
• Jan’s Towing Inc. has been providing police tow services to the City of Glendora since 1997.
• On September 27, 2017, the city entered a new contract and franchise agreement with Jan’s Towing Inc. to provide police tow service.
• This contract was extended twice and expired effective October 4, 2022. • Staff is currently administering the Request for Proposal (RFP) process for police tow services and is requesting approval of a month-to-month contract with Jan’s Towing until the process is completed.
• RFP process anticipated to conclude December 2022
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3 Scope of Services
• The City of Glendora Police Department requires a tow company that can provide “non-consensual” vehicle towing and storage operations. • Towing services are required 24 hours a day, seven days a week, including holidays with a maximum response time between 20 minutes (daytime) and 25 minutes (nighttime).
• Tow trucks must have the capability to remove different types of vehicles from various situations.
• Tow trucks must be in good mechanical shape, drivers must be properly licensed and trained, and the company must be licensed and insured.

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4 Fiscal Impact
• The Police Department will continue to collect the minimum franchise fee of $3,500 per month from Jan’s Towing Inc. during the contract extension.
• This contract extension will not affect the current budgeted revenue.

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5 Recommendation
• That the City Council approve a month-to-month contract with Jan’s Towing Inc. for police tow services in the City of Glendora.

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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: POLICE DISTRICT(S): CITYWIDE
SUBJECT: MONTH-TO-MONTH CONTRACT EXTENSION FOR PARKING RELATED SERVICES, INTER-CON SECURITY SYSTEMS INC.

RECOMMENDATION
That the City Council:

1. Approve a month-to-month contract with Inter-Con Security Systems Inc. for parking related services not to exceed $120,000.

EXECUTIVE SUMMARY
On June 2, 2017, after completing the Request for Proposals process, the City entered a contract with Inter-Con Security Systems (Inter-Con) to provide parking enforcement services. The contract was extended twice and is currently expired, effective October 9, 2022. Staff is administering the Request for Proposals (RFP) process presently and is seeking a month-to-month contract with Inter-Con Security Systems Inc until the RFP process is complete (anticipated December 2022).

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
City parking enforcement was traditionally conducted by police department personnel: patrol officers, police cadets, community services officers, and volunteer auxiliary officers. Parking enforcement was a collateral duty for the involved personnel. On July 8, 2008, the City entered a contract with Inter-Con to provide parking enforcement services, allowing police personnel to commit more time to higher priority tasks.

DISCUSSION
Glendora Municipal Code 10.12.020 Early Morning Parking prohibits parking on city streets between the hours of two a.m. and four a.m., Monday through Friday. Vehicles with temporary or annual permits are exempt from the ordinance.

The City has four preferential parking districts that restrict parking during various times. Residents in these districts are issued permits which they or their guests may use.

City-owned parking lots and certain streets have specific time restrictions on parking. Private parking lots have certain restrictions such as handicap parking and fire lanes.

Due to higher priority tasks, sworn and non-sworn police personnel provide limited enforcement in these areas. Since 2008, the primary mechanism for the enforcement of parking regulations has been the utilization of parking enforcement officers supplied by Inter-Con.

All Inter-Con parking enforcement officers are licensed security guards. When they are not conducting parking enforcement, Inter-Con employees help secure City parks and facilities at closing time by locking restrooms and securing gates. They also provide extra patrol of City facilities, parks, schools, City-owned parking lots, and retail areas. Inter-Con employees have located stolen vehicles, DUI drivers, and Item #15. Page 1
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Staff Report Page 2 of 2
interrupted burglaries.

Inter-Con currently provides 128 hours of service for weekly parking enforcement and the other duties as described. Two parking enforcement officers work at night and one during the day. They are managed by Inter-Con supervisors, but while on duty in the City, parking enforcement officers are under the direct supervision of the police watch commander. The police department is satisfied with the performance of Inter-Con and is seeking City Council approval to continue a month-to-month contract for the same level of service, while the RFP process is being administered. It is anticipated the RFP process will be complete by December 2022.

FISCAL IMPACT
Parking enforcement services are budgeted for in the Adopted FY 2022-2023 Operating Budget from the Patrol Contract Services Fund. No other appropriation of funds is necessary.

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

A. Original contract
B. Contract extension
C. Power point presentation
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01240.0001/829129.2

AGREEMENT TO EXTEND ON A MONTH-TO-MONTH BASIS

CONTRACT FOR PARKING ENFORCEMENTS SERVICES
WITH INTER-CON SECURITY SYSTEMS, INC.

THIS AGREEMENT TO EXTEND ON A MONTH-TO-MONTH BASIS
CONTRACT FOR PARKING ENFORCEMENTS SERVICES (“Month-to-Month Agreement”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and INTER-CON SECURITY SYSTEMS, INC., a California corporation (“Contractor”) is effective as of the _____ day of __________, 2022.

RECITALS
A. City and Contractor entered into that certain “AGREEMENT BETWEEN THE CITY OF GLENDORA AND INTER-CON SECURITY SYSTEMS INC. FOR PARKING ENFORCEMENT SERVICES” (“Agreement”), executed on or about October 10, 2017, whereby Contractor agreed to provide certain parking enforcement services to the Glendora Police Department under the terms and conditions set forth therein.

C. In the interim City and Contractor have agreed to extend, on a month-to-month basis, but not to exceed six (6) calendar months from the date of this Month-to-Month Agreement, the existing terms and conditions of the Agreement.

TERMS

1. Contract Extension. The Agreement is hereby extended, on a month-to-month basis as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. “12. Compensation. The City shall compensate inter-Con Security for the services that are provided in this Contract Month-to-Month Agreement in an amount not to exceed One Hundred and Twenty Thousand Dollars ($120,000) regardless of the Length of Contract, Section 13. The compensation for these services is listed in Attachment A as the "annualized costs" for each year the Contract is in effect.”

13. Length of Contract. The term of this agreement is for three years hereby extended, on a month-to-month basis effective _____ day of __________, 2022, but in no event shall this Agreement extend beyond the close of business six (6) calendar months beyond the date noted above. This Contract and Franchise Agreement can be extended for two separate one year extensions by mutual agreement of both parties.”

2. Continuing Effect of Agreement. Except as extended by this Month-to-Month Agreement, the provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Month-to-Month Agreement, whenever the term “Agreement” DocuSign Envelope ID: D6CAF035-835C-4378-A475-357C85A0BEF7 Item #15. Page 17
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appears in the Agreement, it shall mean the Agreement, as extended by this Month-to-Month Agreement.

5. Authority. The persons executing this Month-to-Month 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 Month-to-Month Agreement on behalf of said party, (iii) by so executing this Month-to-Month Agreement, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Month-to-Month Agreement does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
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01240.0001/829129.2
IN WITNESS WHEREOF, the parties hereto have executed this Month-to-Month 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/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

INTER-CON SECURITY SYSTEMS, INC.

Name: Neil Martau
Title: Chief Administrative Officer
Email Address: [email protected]
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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Item #15. Page 19
Meeting Date: 11/8/2022 / Packet Page #: 553
Contract Extension for
Parking Enforcement
Police Department
City Council Meeting
Julie Linger, Management Analyst
November 8, 2022 CityOfGlendora.org
Item #15. Page 20
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2 Background
• Inter-Con Security Systems (Inter-Con) has been providing parking enforcement services for the City of Glendora since 2008.
• On June 2, 2017, the city entered a new contract with Inter-Con to provide parking enforcement services.
• This contract was extended twice and expired effective October 9, 2022. • Staff is currently administering the Request for Proposal (RFP) process for parking enforcement services and is requesting approval of a month-to-month contract with Inter-Con until the process is completed.
• RFP is anticipated to be completed in December 2022
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3 Scope of Services
• Enforce Glendora Municipal Code 10.12.020 Early Morning Parking and preferential parking district restrictions.
• Enforce parking time restrictions on City streets and in City owned parking lots. • Enforce handicap and fire lane violations.
• Additionally:
• Secure City parks and facilities by locking restrooms and gates. • Provide extra patrol of City facilities, parks, schools, City-owned parking lots, and retail areas.

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4 Fiscal Impact
• Parking enforcement services are budgeted for in the Adopted FY 2022- 2023 Operating Budget from the Patrol Contract Services Fund. • This contract extension will not affect the currently budgeted cost.

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5 Recommendation
That the City Council approve a month-to-month contract with Inter-Con Security Solutions Inc. for parking enforcement relates services in the City of Glendora.

Item #15. Page 24
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: CITY CLERK DISTRICT(S): N/A
SUBJECT: CONSIDERATION OF A RESOLUTION ALLOWING FOR THE CONTINUED USE OF "INPERSON HYBRID APPROACH" FOR CITY OF GLENDORA BROWN ACT PUBLIC MEETINGS NOVEMBER 30, 2022 THROUGH DECEMBER 29, 2022, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361

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 NOVEMBER 30, 2022 THROUGH DECEMBER 29, 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.

Starting at the March 22, 2022 City Council meeting, and again at its April 26, 2022, May 24, 2022, June 28, 2022, July 12, 2022, August 23, 2022, September 27, 2022, and October 25, 2022 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 November 29, 2022. The proposed resolution, 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 December 29, 2022.

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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 on September 20, 2021, explaining that cities may continue to hold meetings in accordance with the Brown Act Orders until October 1, 2021 or they may hold meetings in accordance with the requirements of AB 361 (Attachment A).

Pursuant to AB 361, starting at the September 28, 2021 City Council meeting, and again at its October 26, 2021, November 9, 2021, December 14, 2022, January 25, 2022, February 28, 2022, March 22, 2022, April 26, 2022, May 24, 2022, June 28, 2022, July 12, 2022, August 23, 2022, September 27, 2022, and October 25, 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.

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Starting at the March 22, 2022 City Council meeting, and again at its April 26, 2022, May 24, 2022, June 28, 2022, July 12, 2022, August 23, 2022, September 27, 2022, and October 25, 2022 City Council meeting the City Council adopted resolutions 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. This “in-person hybrid approach” was utilized during all City public meetings in the months of April, May, June, July, August, and September and is set to expire on November 30, 2022.

A new bill signed into law in September 2022, AB 2449, will provide agencies with long-term permissions to hold remote meetings without having to give the public access to private locations, subject to certain restrictions. The new amendments to the Brown Act go into effect on January 1, 2023, and remain in effect through 2025. The City Attorney will be providing further analysis on the bill, but until that time, a request to continue hybrid meetings will be presented to the City Council each month under AB 361 during the Governor’s proclaimed State of Emergency.

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.

The existing resolution is set to expire on October 30, 2022. 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 November 29, 2022, or as long as the Governors Declaration of Emergency is in effect.

City staff recommends that the City Council approve the 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 “inItem #16. Page 3 Meeting Date: 11/8/2022 / Packet Page #: 561
Staff Report Page 4 of 4
person 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 December 29, 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.
• 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 in-person.
• 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 lose 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 Elvia Dominguez, Deputy City Clerk/Records Manager Concurs With Not Applicable
Reviewed By Kathleen R. 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. AB361
B. Resolution Public Meetings: In-Person Hybrid Approach November 30 – December 29, 2022 Item #16. Page 4
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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

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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
NOVEMBER 30, 2022 THROUGH DECEMBER 29, 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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Resolution CC 2022-__ Page 2 of 4
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 #16. Page 25
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Resolution CC 2022-__ Page 3 of 4
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 November 30, 2022 until the earlier of December 29, 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 ________ 2022.

City Council of Glendora, California
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 ________ 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
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: CITY CLERK DISTRICT(S): N/A
SUBJECT: UPDATE AND POSSIBLE APPOINTMENT OF APPLICANT TO FILL UNSCHEDULED

VACANCY ON THE WATER COMMISSION

RECOMMENDATION
That the City Council:

1. Provide direction on appointing applicants to fill an unscheduled vacancy on the Water Commission (Office No. 5; Term Ending June 30, 2025)

EXECUTIVE SUMMARY
On October 20, 2022 the City Clerk’s Department was notified of Water Commissioner Benjamin Armel’s potential resignation (Attachment A) which leaves a vacancy in Office No. 5 with term ending June 30, 2025. The Resignation was confirmed verbally on October 25, 2022 and announced at the October 25, 2022 City Council Meeting.

A Notice of unscheduled vacancy (Attachment B) was prepared and posted to the City’s website, bulletin boards and City Hall marquee on October 25, 2022 with an application deadline of October 1, 2022 at 12:00 p.m.

CA Govt Code § 54974 requires that whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet Web site or at the library designated pursuant to Section 54973, and that final appointment shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office, which would be Friday, November 4, 2022.

At the close of the application period one (1) application was received.

The eligible applicant at the close of the application deadline is below for your consideration:

WATER COMMISSION APPLICANTS (2 Vacancies) STATUS
David Thomas New Applicant

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
CA Govt Code § 54974 regulates the process utilized by cities to fill unscheduled vacancies on the City Council appointed commissions and boards and requires the following:
(a) Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet Web site or at the library designated pursuant to Section 54973, and in other Item #17. Page 1
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Staff Report Page 2 of 3
places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office.
(b) Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

On October 25, 2022, the City Council appointed Planning Commission applicant Brian Faber to Office No. 4 (Unexpired term ending June 30, 2025). Since the number of applicants was equal to the number of vacancies for the Water Commission, the City Council appointed applicants Michael Holmes to Office No. 3 (Unexpired term ending June 30, 2025), and Pat Cici to Office No. 4 (Unexpired term ending June 30, 2025). At that meeting, the City Council received an update on the resignation of Water Commissioner Armel which resulted in an unscheduled vacancy on the Water Commission.

DISCUSSION
The purpose of this report is to fill the one unscheduled vacancy on Water Commissions.

A notice of unscheduled vacancy was posted to the City Bulletin Boards, Website and City Hall marquee on October 25, 2022.

At the close of the application deadlines, the following applicant has requested City Council consideration for appointments:

WATER COMMISSION (1 VACANCY) APPLICATION DATE STATUS
Thomas, David Alan 10/07/2022 New Applicant
As a reminder Cal. Gov't Code § 54974 requires that final appointments relating to unscheduled vacancies cannot be made by the legislative body for at least 10 working days after the posting of the notice in the City Clerk’s office. This means that an appointment to fill the unscheduled vacancy for Water Commission cannot occur until Friday, November 4, 2022.

Staff has invited David Alan Thomas to attend the November 8, 2022 meeting and he has confirmed his available answer questions from the City Council, if so desired.

Next Steps:

Option 1: Direct staff to extend recruitment period and report back in January, 2023.

Option 2: Direct staff to schedule a special meeting to conduct interview.

Option 3: Since the number of applications received is equal to the number of vacancies, conduct a brief interview with Mr. Thomas during the November 8, 2022 meeting and then appoint David Alan Thomas to fill the vacancy on the Water Commission (Office No. 5; Term Expired: June 30, 2025).

Option 4: Since the number of applications received is equal to the number of vacancies, waive interview and appoint David Alan Thomas to fill the vacancy on the Water Commission (Office No. 5; Term Expired: June 30, 2025).

Item #17. Page 2
Meeting Date: 11/8/2022 / Packet Page #: 587
Staff Report Page 3 of 3
Interview Schedule:

Applicants
Thomas, David

FISCAL IMPACT
There is no fiscal impact 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 R. 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. Resignation Letter from B. Armel
B. Notice of Unscheduled Vacancy
C. Application David Thomas
Item #17. Page 3
Meeting Date: 11/8/2022 / Packet Page #: 588
10/25/22 – Verbal confirmation from Assistant Public Works Director Obegolu to Deputy City Clerk/Records Manager Dominguez of Benjamin Armel’s resignation.

From: Chisom Obegolu <[email protected]>
Sent: Thursday, October 20, 2022 2:55 PM
To: City Clerk Group <[email protected]> Subject: FW: 10/27 Water Commission Meeting
FYI.

Commissioner Ben has confirmed for next week’s meeting, however this could potentially be his last.

Best,
Chisom Obegolu
From: Metric Eight <[email protected]>
Sent: Thursday, October 20, 2022 2:41 PM
To: Chisom Obegolu <[email protected]>
Subject: Re: 10/27 Water Commission Meeting
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Chisom,
Thank you, all has been going quite well. I plan on attending the meeting on Thursday, however, with the recent recruitment for the vacated commissioner spot by John Fields…I will likely look to step away from the role as well if there were multiple candidates. My schedule now is very unpredictable and I can’t say for certain that I will be available for every meeting. I want to make sure I am being fair to the City and my fellow commissioners. We can discuss more Thursday night after the meeting.

Ben
On Thursday, October 20, 2022, Chisom Obegolu <[email protected]> wrote:

Good morning Ben,
Hope all is well and you’re transitioning well into your new position. Can you please confirm your attendance at next week’s Commission meeting?
Best regards,
Chisom Obegolu, PE | Assistant Director – Water Division Public Works Department | City of Glendora
116 E. Foothill Boulevard | Glendora, CA 91741
[email protected]
626.852-5222 (direct)
CityofGlendora.org
Item #17. Page 4
Meeting Date: 11/8/2022 / Packet Page #: 589

NOTICE OF UNSCHEDULED VACANCY
on the
WATER COMMISSION _____________________________________________

NOTICE IS HEREBY GIVEN, pursuant to Cal. Gov't Code§ 54974 the following unscheduled vacancy exists on the following legislative body in the City of Glendora:

WATER COMMISSION
A resignation was received on October 20, 2022 for Office No. 5 The unexpired terms will end June 30, 2025.

ABOUT THE WATER COMMISSION:

Water Commission: Members serve a 4-year term. This Commission serves in an advisory capacity to the City Council on policies and programs related to water rates, conservation efforts and financial matters. Members must be customers of the City’s water division of the Public Works Department. This Commission meets on a quarterly basis.

Pursuant to City Resolution, members are required to complete AB1234 Ethics Training and Brown Act Training and are required to attend meetings on a regular basis.

NOTICE IS FURTHER GIVEN, that the final appointment to an unscheduled vacancy on a board/commission, shall not be made by the City Council for at least 10 working days after the posting of the notice by the City Clerk’s office. That date will be Friday, November 4, 2022.

APPOINTMENT PROCEDURE: Applications are available via the City’s website at www.cityofglendora.org or at the City Clerk’s Office, 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 Tuesday, November 1, 2022. Please call the City Clerk’s Office at (626) 914-8210 for more information.

Date for interviews and/or appointments will be scheduled at a later date. Applicants will be contacted to schedule interview times following the recruitment deadline.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Item #17. Page 5
Meeting Date: 11/8/2022 / Packet Page #: 590
Item #17. Page 6
Meeting Date: 11/8/2022 / Packet Page #: 591
Item #17. Page 7
Meeting Date: 11/8/2022 / Packet Page #: 592

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: FIRST READING AND INTRODUCTION OF AN ORDINANCE ADOPTING THE 2022

CALIFORNIA BUILDING CODES

RECOMMENDATION
That the City Council:

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF GLENDORA, CALIFORNIA, ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA FIRE CODE; CALIFORNIA BUILDING CODE; CALIFORNIA EXISTING BUILDING CODE; CALIFORNIA HISTORICAL BUILDING CODE; CALIFORNIA MECHANICAL CODE; CALIFORNIA PLUMBING CODE; CALIFORNIA ELECTRICAL CODE; CALIFORNIA RESIDENTIAL CODE; CALIFORNIA GREEN BUILDING STANDARDS CODE; AND CALIFORNIA ENERGY CODE; INCLUDING SELECTED APPENDICES THERETO,” by reading of the title only and waiving further reading; and,

2. Direct the preparation of a summary of ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.

EXECUTIVE SUMMARY
Every three years, the California Building Standards Commission (CBSC) adopts and publishes a new edition of codes that govern the design and construction of buildings, associated facilities and equipment.

Local jurisdictions are required by state law to enforce these codes. The new codes become effective six months from the CBSC publication date of July 1, 2022.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
None

DISCUSSION
The California Building Standards Code, known as Title 24, is the 24th title within the California Code of Regulations (CCR). Title 24 is reserved for state regulations that govern the design and construction of buildings, associated facilities and equipment. These regulations are defined as building standards in California Health and Safety Code (HSC) Section 18909 and apply to all building occupancies throughout the state of California (HSC Sections 18908 and 18938). Title 24 is also known as the California Building Standards Code (HSC Section 18902) and its publication is facilitated by CBSC (HSC Section 18942).

Title 24 applies to all building occupancies, and related features and equipment, throughout the state. It contains requirements for structural, mechanical, electrical, and plumbing systems, as well as requirements for energy conservation, sustainable design, construction and maintenance, fire and life safety, and accessibility. Cities and counties are required by state law to enforce Title 24.

Adoption of a code by reference requires somewhat unusual notice and hearing procedures, pursuant to Government Code § 50022.1 et seq. The first reading introduces the ordinance, and the second reading requires a public hearing and special publication in the newspaper. The second reading is tentatively Item #18. Page 1
Meeting Date: 11/8/2022 / Packet Page #: 593
Staff Report Page 2 of 2
scheduled for December 13, 2022. Before the second reading and public hearing, two notices shall be published with at least five days intervening between the publication dates.

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

ENVIRONMENTAL DETERMINATION
CEQA NOT Required:

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 David Collett, Building Official
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Assistant Director-Finance Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Ordinance
B. PowerPoint
Item #18. Page 2
Meeting Date: 11/8/2022 / Packet Page #: 594
1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF GLENDORA, CALIFORNIA,
ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA FIRE CODE; CALIFORNIA BUILDING CODE; CALIFORNIA EXISTING BUILDING
CODE; CALIFORNIA HISTORICAL BUILDING CODE; CALIFORNIA
MECHANICAL CODE; CALIFORNIA PLUMBING CODE;
CALIFORNIA ELECTRICAL CODE; CALIFORNIA RESIDENTIAL
CODE; CALIFORNIA GREEN BUILDING STANDARDS CODE; AND
CALIFORNIA ENERGY CODE; INCLUDING SELECTED

APPENDICES THERETO

THE CITY COUNCIL
City of Glendora, California
WHEREAS, pursuant to Government Code §§ 50022.1 et seq., the City of Glendora is authorized to enact an ordinance which adopts any code by reference; and WHEREAS, the California Building Standards Commission has adopted the triennial editions of the model codes (the “Codes”); and
WHEREAS, the City of Glendora has previously adopted the “Codes” and wishes to adopt the most recent versions of the “Codes”.

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES ORDAIN AS FOLLOWS:

SECTION 1: Section 18.04.010 of the Glendora Municipal Code “California Fire Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 18.04.010 Adopted by reference. The City adopts by reference the California Fire Code, 2022 Edition, which contains substantial copyrighted material from the 2021 International Fire Code, which is copyrighted work owned by the International Code Council, Inc.; and said Code, including the Appendix Chapters 4, B, BB, C, CC, and H, is adopted in total as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.”
SECTION 2. Section 19.02.010 of the Glendora Municipal Code “California Building Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.02.010 Adopted by reference: The City adopts by reference the California Building Code, 2022 Edition, which contains substantial Item #18. Page 3
Meeting Date: 11/8/2022 / Packet Page #: 595
2 copyrighted material from the 2021 International Building Code, which is a copyrighted work owned by the International Code Council, Inc.; and said Code, including the Appendix Chapters I, J, L and P, is adopted in total as the law of the City. One copy of the code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter”.

SECTION 3. Section 19.03.010 of the Glendora Municipal Code “California Existing Building Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.03.010 Adopted by reference: The City adopts by reference the California Existing Building Code, 2022 Edition, which contains substantial copyrighted material from the 2021 International Existing Building Code, which is a copyrighted work owned by the International Code Council, Inc.; and said Code, including the Appendix Chapters A1, A2, A3, and A4, is adopted as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.”
SECTION 4. Section 19.04.010 of the Glendora Municipal Code “California Mechanical Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.04.010 Adopted by reference. The City adopts by reference the California Mechanical Code, 2022 Edition, which contains substantial copyrighted material from the 2021 Uniform Mechanical Code, which is a copyrighted work owned by the International Association of Plumbing and Mechanical Officials; and said Code, including the Appendix Chapters B, C, and D, is adopted as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.”
SECTION 5. Section 19.05.010 of the Glendora Municipal Code “California Historical Building Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.05.010 Adopted by reference. The City adopts by reference the California Historical Building Code, 2022 Edition, which contains regulations of the State Historical Building Safety Board. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter”.

SECTION 6. Section 19.08.010 of the Glendora Municipal Code “California Plumbing Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):

Item #18. Page 4
Meeting Date: 11/8/2022 / Packet Page #: 596
3 “Section 19.08.010 Adopted by reference: The City adopts by reference the California Plumbing Code, 2022 Edition, which contains substantial copyrighted material from the 2021 Uniform Plumbing Code, which is a copyrighted work owned by the International Association of Plumbing and Mechanical Officials; and said Code, including the Appendix Chapters A, B, D, H, I, and J, is adopted as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.” SECTION 7. Section 19.12.010 of the Glendora Municipal Code “California Electrical Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.12.010 Adopted by reference. The City adopts by reference the California Electrical Code, 2022 Edition, which contains substantial copyrighted material from the 2020 National Electrical Code, which is a copyrighted work owned by the National Fire Protection Association; and said Code is adopted in total as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.” SECTION 8. Section 19.13.010 of the Glendora Municipal Code “California Residential Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.13.010 Adopted by reference. The City adopts by reference the California Residential Code, 2022 Edition, which contains substantial copyrighted material from the 2021 International Residential Code, which is a copyrighted work owned by the International Code Council, Inc.; and said Code, including the Appendix Chapters AH and AX, is adopted in total as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.”
SECTION 9. Section 19.15.010 of the Glendora Municipal Code “California Green Building Standards Code” is hereby repealed in its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.15.010 Adopted by reference. The City adopts by reference the California Green Building Standards Code, 2022 Edition, and said Code is adopted in total as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.” Item #18. Page 5
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4 SECTION 10: Section 19.17.010 of the Glendora Municipal Code “California Energy Code” is hereby repealed it its entirety and restated as follows (new codes adopted in bold italics):
“Section 19.17.010 Adopted by reference. The City adopts by reference the California Energy Code, 2022 Edition; and said Code is adopted in total as the law of the City. One copy of the Code has been, and is now, filed in the office of the Building Official, and the Code is adopted by reference as if incorporated and set out in full in this Chapter.”
SECTION 11. References to prior codes. Unless superseded or expressly repealed, references in City forms, documents and regulations to the titles, chapters, and sections of the former City of Glendora Municipal Code, Title 18 and 19, shall be construed to apply to the corresponding provisions contained within the 2022 edited changes to Title 18 and 19 of the Glendora Municipal Code. City of Glendora Ordinance No. 2044 and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed; otherwise, except as specifically amended by this Ordinance, all other provisions of Title 18 and 19 of the Glendora Municipal Code shall remain unchanged.

SECTION 12. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Glendora hereby declare that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 13. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (Government Code § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this day of
City Council of Glendora, California
BY: _________________________________
KAREN K. DAVIS, Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
Item #18. Page 6
Meeting Date: 11/8/2022 / Packet Page #: 598
5 WILLIAM W. WYNDER, City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on , by the following roll call vote:.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on , by the following roll call vote:

AYES: COUCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the day of .

Dated: _____________________________________________
KATHLEEN R. SESSMAN, City Clerk
Item #18. Page 7
Meeting Date: 11/8/2022 / Packet Page #: 599

FIRST READING AND INTRODUCTION OF
ORDINANCE ADOPTING THE 2022

CALIFORNIA BUILDING CODES
Community Development Department
Building Division
City Council
November 8, 2022
David Collett, Building Official CityOfGlendora.org
Item #18. Page 8
Meeting Date: 11/8/2022 / Packet Page #: 600
2 SUMMARY
• Every three years, the California Building Standards Commission (CBSC) adopts and publishes new codes that govern the design and construction of buildings, associated facilities and equipment. • Local jurisdictions are required by state law to enforce these codes. • The new building codes become effective January 2023.

Item #18. Page 9
Meeting Date: 11/8/2022 / Packet Page #: 601
3 RECOMMENDATIONS

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF GLENDORA, CALIFORNIA, ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA FIRE CODE; CALIFORNIA BUILDING CODE; CALIFORNIA EXISTING BUILDING CODE; CALIFORNIA HISTORICAL BUILDING CODE; CALIFORNIA MECHANICAL CODE; CALIFORNIA PLUMBING CODE;
CALIFORNIA ELECTRICAL CODE; CALIFORNIA RESIDENTIAL CODE; CALIFORNIA GREEN BUILDING STANDARDS CODE; AND CALIFORNIA ENERGY CODE; INCLUDING SELECTED APPENDICES THERETO,” by reading of the title only and waiving further reading; and

2. Direct the preparation of a summary of ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40
That the City Council:

Item #18. Page 10
Meeting Date: 11/8/2022 / Packet Page #: 602

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD A CONTRACT SERVICES AGREEMENT TO WATERWISE CONSULTING, INC.

FOR EXECUTING PROGRAMS PERFORMING SURVEYS AND INSTALLATION AS PART OF WATER CONSERVATION PROJECT, IN AN AMOUNT NOT TO EXCEED $210,623 (STRATEGIC PLAN ITEM 8-IFSS). (STRATEGIC PLAN ITEM 8-IFSS)

RECOMMENDATION
That the City Council:

1. Award a Professional Services Agreement for Water Conservation Professional Services to WaterWise Consulting, Inc. in an amount of $191,476 with a 10% contingency in the amount of $19,148 for a total amount not to exceed $210,623; and

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

EXECUTIVE SUMMARY
Due to persistent and severe drought conditions across the state, all urban water suppliers have been directed to implement Level 2 of their respective Water Shortage Contingency Plans. All Californians are expected to reduce water use to conserve the water supply during drought time. To assist the City in achieving these goals, WaterWise Consulting was selected to enhance the City’s Water Conservation Programs. They provide Water Use Efficiency (WUE) Audits, rebate inspections, and recommendations for irrigation system upgrades to residential, commercial, and institutional properties. WaterWise is a local business that has been providing water conservation services to private and public agencies for 21 years.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On May 24, 2022, the City Council adopted a Resolution Implementing a Stage 3 Water Shortage Contingency Plan (WSCP) and directed staff to take appropriate actions as outlined in the adopted 2020 Water Shortage Contingency Plan.

As part of the 2020 Urban Water Management Plan, the City adopted its Water Shortage Contingency Plan. This plan contains six shortage levels ranging from “up to 10%” (Level 1), to “a shortage greater than 50%” Level 6. A Level 3 WSCP, which the City has currently adopted, triggers enhanced promotion of on-going Water Use Efficiency programs and tools.

DISCUSSION
Customer participation is a key element in responding to exceptional drought conditions and supply shortages. A critical element in customer participation is the Water Use Efficiency (WUE) Audit, which is a tool designed to provide residents and business owners with conservation tips and techniques for interior and exterior water use. WUE Audits identify potential indoor and outdoor water saving measures and outline specific actions to take to save water.

On average, staff annually performs 250 WUE Audits and 200 rebate inspections. Due to current drought conditions and the extensive media coverage, in conjunction with our own outreach efforts, there is an Item #19. Page 1
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Staff Report Page 2 of 2
increased awareness of water conservation. Therefore, we anticipate a higher volume of WUE audit and rebate inspection requests in the next year.

A common outcome of a WUE Audit is the identification of numerous inefficiencies inherent in aging irrigation systems. Upgrading outdated irrigation systems with high efficiency nozzles, drip irrigation and weather-based irrigation controllers can significantly reduce outdoor water use. WaterWise Consulting, Inc., offers these kinds of irrigation retrofit services as part of their scope of work.

WaterWise Consulting, Inc. has twenty-one years of experience working with water suppliers to save water. WaterWise Consulting, Inc. has performed 60,000+ residential, commercial, and public agency water-use surveys, 4000+ rebate inspections and has installed over 100,000+ water saving efficient irrigation devices.

Glendora Municipal Code Section 2.40.050, through its cooperative agreement process, allows the City to waive formal contract procedures and “piggyback” on another governmental agency’s bid award when purchase is made at the same or better bid price. WaterWise Consulting, Inc. has offered similar pricing for these services to Santa Clarita Valley Water Agency (SCVWA) to perform the WUE Audits, inspections, and irrigation retrofits. Such a cooperative agreement will allow the City to receive about the same competitive price by using SCVWA competitive bid process that has already been completed.

FISCAL IMPACT
$2,000,000 has been allocated in the Water Capital Improvement Program (CIP) for community conservation projects in the Fiscal Year 2022-23 Budget. There is sufficient available balance in the Water CIP budget to fund the appropriation in the amount of $210,623.

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 Russell Ackerman, Senior 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. Agreement – Waterwise Consulting
B. Santa Clarita Valley Water Agency - Agreement & Pricing C. Presentation
Item #19. Page 2
Meeting Date: 11/8/2022 / Packet Page #: 604

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
WATERWISE CONSULTING, INC.

DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 3
Meeting Date: 11/8/2022 / Packet Page #: 605
1 AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
WATERWISE CONSULTING, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, _____ by and between the City of Glendora, a California municipal corporation (“City”) and WaterWise Consulting, 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’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 standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 4
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2 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 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 DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 5
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3 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.” Consultant’s Authorized Initials: __________________
Ajay Dhawan, President

(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.

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4 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.

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 $50,000, 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.

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5 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 $210,623 (Two Hundred Ten Thousand Six Hundred Twenty-Three Dollars)(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

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 sub-contractor 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 thirty (30) 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.

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

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 June 30, 2024 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 up to a maximum of five (5) additional one (1) year terms by given written notice of the same not later than sixty (60 calendar days prior to the expiration of the Term or any Extended Term(s).

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:

Ajay Dhawan, President
Jeremy, Secretary, Chief Financial Officer
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7 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 the Assistant Public Works Director 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. 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 DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 10
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8 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. (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, non-owned 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 $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(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 DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 11
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9 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 non-contributory 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. (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.

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10 (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. (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 indemnitors’ reckless or willful DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 13
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11 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 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.

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12 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.
(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, DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 15
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13 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 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 DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 16
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14 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.

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 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.

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15 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.

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 ensure 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 DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 18
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16 for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

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., City of 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.

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 DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 19
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17 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 ___________________
Ajay Dhawan, President
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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18 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/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

WaterWise Consulting, Inc.

Name: Ajay Dhawan
Title: President
Email Address: [email protected]
Name: Jeremy Johnson
Title: Secretary, Chief Financial Officer
Email Address: [email protected]
Address: 1751 S Grand Avenue, City of Glendora, CA
91740
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 shall perform the following professional services:

TASK 1: PROGRAM MANAGMENT, CUSTOMER SERVICE, AND

SCHEDULING
A. Consultant will purchase, store and track inventory of all equipment.

B. Consultant will perform residential home check-ups at the request of City of Glendora water customers. Consultant surveyors will show up at the scheduled time in an easily identifiable company uniform that includes company identification badge with the surveyor’s photo. Prior to starting the survey, the surveyor will obtain a signed participation agreement form (hold harmless) from the customer. This participation agreement will be drafted by Consultant and be approved by City before use.

Consultant will also request each site’s historical water-use record from City before use. In case Consultant staff is unable to acquire the water history from the City’s Contract Officer, we will request during the City of Glendora water customer enrollment call that the customer have a copy of the most recent water bill during the survey.

C. On-Call Customer Service:

A live Customer Service Representative (CSR) will be available to handle calls in both English and Spanish. Customers can request to have their survey conducted in Spanish.

The call-center will operate from 8:00 AM to 5:00 PM, Monday through Friday, and will facilitate an adequate number of incoming lines to support the flow of calls. After hours callers will have the ability to leave a voice message. Consultant will follow up with voice messages within 24 hours or by the close of the next business day, whichever is sooner.

During normal business hours, Consultant will utilize CSRs who are knowledgeable about the program. CSRs will be available to receive incoming calls, answer any customer questions, confirm appointments, and schedule customers for inspections and installations.

Consultant CSRs will address the following during customer phone calls:
 Schedule an appointment for a site survey that accommodates the customer or customer representative’s schedule.
 Ask the City of Glendora water customer to be present during the survey and allow surveyors full access to the project site.

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 Answer any questions that may arise about any portions or expectations of this Scope of Service.

D. Consultant Scheduling:

All City of Glendora water customers will be scheduled within 10 business days from initial request date unless the customer requests an appointment scheduled for a later date. All City of Glendora water customers will receive no less than three follow up calls to get their appointment scheduled. All scheduling matters and work performance will be completed in a timely and professional manner.

City of Glendora water customers will have the flexibility to schedule surveys from 8:00 AM to 5:00 PM Monday through Friday, dependent on weather and season.

E. Project Management:

Angel Juarez will serve as the Program Manager for all tasks listed in the RFP. He will work with the City’s Contract Officer on the initial set up of the various services and be the liaison between the City and Consultant. Angel will also be available on a day-to-day basis to answer any questions or provide clarifications the City’s Contract Officer may need. Mr. Juarez will also be responsible for addressing any customer complaints, which will be reported to the City along with a proposed solution to ensure the complaint is resolved in a manner that satisfies both the customer and City.

TASK 2: DATA COLLECTION FORMAT AND FORMS
Consultant will collect all data electronically in the field with the use of handheld tablets.

All data will be entered into a report template approved by City. Consultant will develop the following forms for the various services:

A. Check-Up data collection
B. Customer recommendation lists
C. Irrigation system review and landscape area measurements D. Customer satisfaction surveys
E. Photos/ photo description form
TASK 3: STAFF TRAINING
Consultant provides the highest level of training to all of its employees and will ensure that all services will be provided by a surveyor who is trained and supervised by an active Certified Landscape Irrigation Auditor (CLIA) or be a CLIA certified employee. All surveyors are required to attend mandatory professional development trainings several DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 23
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times per year to keep them up to date with best management practices and company procedure.

If at any time City deems any work performed by a Consultant employee unsatisfactory, Consultant will take immediate corrective action including re-training, shadowing of employee by manager, and even removal from the program if necessary.

TASK 4: MONTHLY INVOICING
At the end of each month, Consultant will submit an electronic invoice for all services rendered in the previous month. This invoice will be itemized to include all the following services:

A. Residential surveys
B. Residential rebate inspections
C. Multi-Family surveys
D. Multi-Family rebate inspections
E. CII check-ups (Full, Irrigation only, Leak only)
F. CII rebate inspections
G. Large landscape surveys
TASK 5: RESIDENTIAL HOME CHECK-UPS
Consultant will perform residential surveys at the request of City of Glendora water customers. Consultant surveyors will show up at the scheduled time in an easily identifiable company uniform that includes a company identification badge with the surveyor’s photo. Prior to starting the survey, the surveyor will obtain a signed participation agreement form (hold harmless) from the City of Glendora water customer.

This participation agreement will be drafted by Consultant and be approved by City before use. Consultant will also request each site’s historical water-use record from City staff to present and review with the customer. In case Consultant staff is unable to acquire the water history from City, we will request during the City of Glendora water customer enrollment call that the customer have a copy of the most recent water bill during the survey. The surveyor will ask the site contact to be present during the survey to provide education on all the components of the survey. The following will be collected electronically in the field on a handheld device during the survey:

A. Explanation of survey service *All participants will be encouraged to take advantage of the full check-up to ensure that they receive the most out of the survey DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 24
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B. Signed hold harmless agreement
C. Education on current water issues
D. Information on City’s current program offerings
E. Measurement and pictures of landscaped areas
F. Current meter reading with two-minute leak check, average daily usage, previous meter read and leak rate in gallons per hour if detected G. A digital or hard copy report of findings
H. Number of persons in the home
I. Dwelling type (house, apartment, condo, or townhome) J. Year constructed
K. Tenant or Owner
L. Loads of laundry and dishes per week
M. Feedback on programs
N. Comments, questions, or concerns.

Indoor
During the indoor portion of the survey, Consultant will check all water using devices for consumption and leaks. Indoor portions of the survey will include the following:

A.Complete inspection and identification of all toilets, sinks, showerheads, diverter valves, tubs, dishwashers, washing machines, water heaters and any other water using devices including consumption and leak information.

B. Visual confirmation of devices such as sink, and toilet shut off valves have no visible leaks.

C. All toilets will be tested with the use of dye tablets to determine any leaking components.

D. Perform flow-rate measurements on kitchen, bathroom, bar faucets and showerheads.

E. Offer home water use efficiency kits with installation of efficient devices at the request of the customer.

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F. Note any leaking devices and instruct customer how to measure the leak using a drip cup.

G.Recommend automatic shut-off devices for reverse osmosis systems and water softeners.

Outdoor
During the outdoor portion of the survey Consultant will energize activate irrigation stations at the controller and record information about the current working condition of the irrigation system. Outdoor portions of the survey will include the following:

A. Take a soil sample to determine soil type, water infiltration rate and retention capacity, root zone depth, and thatch build up.

B. Plant and grass type will also be identified allowing for an accurate watering schedule to be developed. The surveyor will also recommend aeration if the soil is deemed to be compacted, dethatching if the grass has excessive thatch, and the removal of turf if un-used or unwanted turf exists on site.

C. Record information on the current irrigation controller including make, model, sensors, and current irrigation schedule. The surveyor will also note if the controller is a smart controller and if smart programming is being utilized.

D. Inspect and record information on current irrigation type (spray, rotor, HE nozzles, drip, other).

E. Pressure reading of static and dynamic pressure to ensure irrigation is operating at the correct PSI.

F. The surveyor will also check the irrigation system for head-to-head coverage (distribution uniformity), leaks, low head drainage, high pressure, mismatched, misdirected, or broken heads, and other typical irrigation problems such as missing filters, and pressure reducing valves for drip irrigation and micro-spray systems. Any problems will be shown to the site representative to ensure proper action is taken G. At the surveyor’s discretion, pictures will be taken of irrigation problems that include, but are not limited to excessive run off, leaks, broken lines and other severe issues that contribute to the customer’s excessive water use.

H. Provide recommendations on watering schedule based on all the irrigation information and provide site representative with training on how to program irrigation controller. If a smart controller is already installed the DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 26
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surveyor will instruct site representative how to correctly program and modify smart settings.

I. Measurement of the entire landscaped area via a measuring wheel or via Google Earth.

J. Collect information on pools, spas, ponds, wells, and fountains as well as provide recommendations such as pool/spa covers.

K. Provide information pertinent to City’s Programs.

L. At the end of the survey all customers will receive a report that details the findings of the survey. This report can be sent to City for initial review before it is sent to the customer if that is preferred by City.

TASK 6: MULTI-FAMILY APARMENT CHECK-UPS
Consultant will perform surveys for City of Glendora water customer multi-family apartment sites. Consultant will work with City and the property manager or site representative to set up an initial kick off meeting to discuss all the elements of the survey. Multi-family check-ups will include the following:

A. Complete inspection and identification of all toilets, sinks, showerheads, diverter valves, tubs, dishwashers, washing machines, water heaters and any other water using devices including consumption and leak information.

B. Visual confirmation of devices such as sink, and toilet shut off valves have no visible leaks
C. All toilets will be tested with the use of dye tablets to determine any leaking components.

D. Perform flow-rate measurements on kitchen, bathroom, bar faucets and showerheads.

E. Suggestions on how to develop a comprehensive water conservation plan, including scheduling of services, rebate inspections, installation/ conversion schedule.

F. Recommendations for developing a regular schedule for leaks and performing preventative maintenance.

G. If approved by City perform a complete outdoor irrigation inspection and report.

H. Consultant will work with the property manager or site contact to place survey notifications on all tenant doors at least 72 hours before the survey to ensure tenant participation and comply with California law.

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I. After the site has been surveyed, City and the site will be provided with a comprehensive report detailing all site findings, inventory of devices and water saving recommendations.

TASK 7: COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL CHECK-UPS Consultant will audit both indoor and outdoor areas of water usage at City of Glendora water customer CII sites. For each water using fixture, Consultant will record information regarding the make and model and frequency of use.

A. Record the number of toilets/urinals in the facility and type of toilet, i.e., flush valve, standard urinal, ULFTs, waterless urinals or dual flush B. Record the number of clothes washing machines in the facility and type of machine, i.e., top load, front load, and high efficiency C. Record the number of dishwashing stations in the facility and the number of prerinse spray valves installed, if any D. Record the number of sinks in the facility and whether they have low flow aerators
E. Record water using cooking devices such as woks and continuously running sinks F. Record and inventory any water using medical equipment G. Observing and recording other water demanding processes undertaken by the customer, i.e., cooling tower conductivity, onsite water treatment and X-ray machines.

H. Review irrigation on site including controllers, irrigation system types, landscaped area, operating pressure, observed problems/leaks and current irrigation schedule.

I. After the site has been surveyed, City and the site will be provided with a comprehensive report detailing all site findings, inventory of devices, water efficiency improvement opportunities and cost effectiveness of implementation of recommendations.

TASK 8: LARGE LANDSCAPE CHECK-UPS
Consultant will provide a comprehensive audit to City of Glendora water customer large landscape sites to determine water budget, proper irrigation scheduling and provide recommendations on water saving retrofits. Consultant will request each site’s historical water-use record from City staff prior to the survey time. In case Consultant staff is unable to acquire the water history from City, we will request during the City of Glendora DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 28
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01240.0001/535308.1 A-8
water customer enrollment call that the City of Glendora water customer have a copy of the past water bill during the survey.

Consultant will create a water budget based on site specific information to compare to the current actual water use. The exterior survey will consist of the following:

A. The surveyor will activate irrigation stations to determine water efficiency of the watering system (proper sprinkler heads, working condition, uniform distribution using catch cans, observation, or soil moisture meter).

B. Static water pressure will be measured, and if this pressure is found to be above 60 pounds per square inch (psi) the customer will be advised to reduce the water pressure
C. The water meter will be used to collect a sampling of flow rates from various stations to determine appropriate output range or identify leaks D. Information on irrigation timers, sensors, smart controller functions (if applicable) and current irrigation schedule
E. A soil sample will be taken to determine soil type, water infiltration rate and retention capacity, root zone depth, and thatch build up F. Grass/ Plant type will also be identified allowing for an accurate watering schedule to be developed. The surveyor will also recommend aeration if the soil is deemed to be compacted, dethatching if the grass has excessive thatch, and the removal of turf if unused or unwanted
G. Information will also be provided to the customer regarding City of Glendora’s program, rebates, or other programs that may be available H. The surveyor will also check the irrigation system for head-to-head coverage, leaks, low head drainage, high pressure, mismatched, misdirected, or broken heads, and other typical irrigation problems such as missing filters, and pressure reducing valves for drip irrigation and micro-spray systems I. For instances of non-uniform precipitation from irrigation system distribution, the surveyor will note them on the survey form and suggest the most appropriate remedy
J. The surveyor will also provide an accurate monthly irrigation schedule based on local evapotranspiration (ET), distribution uniformity, plant type, nozzle type, slope, and soil type
K. The surveyor will recommend to the customer water use efficiency upgrades such as low-precipitation irrigation, water-wise or native plants, and mulch in areas the surveyor feels the site will most benefit
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L. The surveyor will also review other outdoor water use including pools, fountains, ponds, etc.

M. A list of repairs needed to fix the current irrigation system along with a schedule for checking/monitoring the system to ensure proper functionality TASK 9: REBATE INSPECTIONS
Consultant will perform rebate pre/post-inspections for City of Glendora water customers at the request of City to determine program eligibility. For all inspections a minimum of four pictures will be taken for the project area or devices installed. Consultant will work with City to develop a rebate inspection template that covers all the material City would like captured during the inspection.

TASK 10: WATER EFFICIENT RETROFITS
Consultant will install water efficient devices such as smart controllers, high efficiency nozzles and drip irrigation to replace outdated equipment at City of Glendora water customer sites approved by City. All retrofits will be discussed with the City of Glendora water customer and be installed to manufacturer’s specifications. If a City of Glendora water customer does not qualify for retrofits on the day of the installation because of broken equipment or overgrown plants, Consultant will give them 30 days to make the repairs/adjustments needed. All removed material such as controllers and sprinkler nozzles will be left with the City of Glendora water customer at the end of the installation of the new devices.

II. In addition to the requirements of Section 6.2, during performance of the work, Consultant will keep the City apprised of the status of performance by delivering the following status reports:

Consultant will collect all data electronically in the field with the use of handheld tablets.

All data will be entered into a report template approved by City. Consultant will develop the following forms for the various ser-vices:

A. Check-up data collection
B. Customer recommendation lists
C. Irrigation system review and landscape area measurements D. Customer satisfaction surveys
E. Photos/ photo description form.

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01240.0001/535308.1 A-10
III. All work 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 shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

Angel Juarez will serve as the Program Manager for all tasks listed.

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01240.0001/535308.1 B-1
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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01240.0001/535308.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform all work at the rates on the Bid Sheet submitted as part of Consultant’s Proposal, and listed below:

ITEM COST (per Survey) # OF SURVEY TOTAL COST
Single Family Checkup (Full) $ 175.00 200 $ 35,000
Multi-family Residential Checkup (MFR) $ 125.00 19 $ 10,125 Small Commercial Checkup $ 210.00 10 $ 2,100
Multi-Commercial Checkup $ 210.00 10 $ 2,100
Large Commercial Checkup $ 1,500.00 10 $ 15,000
Institutional Checkup $ 2,000.00 10 $ 20,000
Large Landscape Survey
(up to 16 irrigation stations) $ 500.00 10 $ 5,000
Large Landscape Survey
(17-32 irrigation stations) $ 1,000.00 20 $ 20,000
Rebate Inspection- Residential (per inspection) $ 75.00 10 $ 750 Rebate Inspection- Multi-family (per hour) $ 95.00 10 $ 950 Rebate Inspection- Large Landscape (per hour) $ 95.00 10 $ 950 ITEM AVE COST # of devices
High efficiency nozzle installation (residential) $ 7.00 3750 $ 26,250 High efficiency nozzle installation (commercial) $ 7.00 1500 $ 10,500 Pressure Regulating Bodies with Check Valves $ 7.00 500 $ 3,500 Drip Conversion Supplies $ 100.00 100 $ 10,000
Irrigation controllers $ 150.00 100 $ 15,000
ITEM AVE COST/HR # hrs
Irrigation retrofits (install drip, controllers, repairs) $ 95.00 150 $ 14,250 $ 191,475
Contingency (10%) $ 19,148
TOTAL COSTS (Estimated) $ 210,623
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01240.0001/535308.1 C-2
Exhibit C-1
The following rates are to be used as needed. The survey costs mentioned in the previous pages is all inclusive.

II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

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01240.0001/535308.1 C-3
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

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.

At the end of each month, Consultant will submit an electronic invoice for all services rendered in the previous month. This invoice will be itemized to include all of the following services:
i. Residential surveys
ii. Residential rebate inspections.
iii. Multi-Family surveys
iv. Multi-Family rebate inspections
v. CII check-ups (Full, Irrigation only, Leak only)
vi. CII rebate inspections
vii. Large landscape surveys
V. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

TOTAL COSTS (Estimated) $ 191,475
Contingency (10%) $ 19,148
TOTAL COSTS (Estimated) $ 210,623
DocuSign Envelope ID: 96D0A28F-8C1E-4819-8051-0F3385887AA0 Item #19. Page 35
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01240.0001/535308.1 D-1
EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. [Task A] _N/A_____________ _Varies per
Customer_______
B. [Task B] ______________ ______________
C. [Task C] ______________ ______________
V. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Schedules and deliveries vary per customer.

VI. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

All City of Glendora water customers will be scheduled within 10 business days from initial request date unless the City of Glendora water customer requests an appointment scheduled for a later date. All City of Glendora water customers will receive no less than three follow up calls to get their appointment scheduled. All scheduling matters and work performance will be completed in a timely and professional manner. City of Glendora water customers will have the flexibility to schedule surveys from 8:00 AM to 5:00 PM Monday through Friday, dependent on weather and season. +
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Approve WaterWise Consulting, Inc. Contract
(8-IFSS)
1 Public Works, Water Division
City Council Meeting
November 8, 2022
Russell Ackerman, Senior Management Analyst
Armando DeJesus, Management Aide
CityOfGlendora.org
Item #19. Page 51
Meeting Date: 11/8/2022 / Packet Page #: 653
Objectives:
2 • Public Works Water Conservation section in conjunction with WaterWise Consulting to assist on conservation conducting Water Use Efficiency (WUE) Audits, perform rebate inspections, and make irrigation system upgrades to residential, commercial, and institutional properties.
• WaterWise Consulting, Inc., can provide Water Conservation Professional Services including performing WUE Audits, inspection services and irrigation retrofits for all customers of the City of Glendora Water Division.

Item #19. Page 52
Meeting Date: 11/8/2022 / Packet Page #: 654
WaterWise Consulting, Inc.
• Residential Water Surveys 55,000 + performed
• Large Landscape Surveys 5,000 + performed
• Commercial, Industrial & Institutional (CII) Surveys
2,000 + performed
• Inspection for Water Savings Devices (Toilets,
Urinals, WBIC, Nozzles, etc.) 4,000 + performed
3 Item #19. Page 53
Meeting Date: 11/8/2022 / Packet Page #: 655
Water Use Efficiency Surveys
• Water Efficiency Audits are designed to provide
residents and business owners with conservation
tips and techniques for interior and exterior water
use.
• Virtual or In-person
• All property types eligible
• CII (Commercial, Industrial, Institutional ) - Indoor only and Outdoor only.
4 Item #19. Page 54
Meeting Date: 11/8/2022 / Packet Page #: 656
Irrigation Retrofits
• Smart irrigation controllers
• High efficiency nozzles
• Drip irrigation
• All property types eligible
5 Item #19. Page 55
Meeting Date: 11/8/2022 / Packet Page #: 657
Financial Impact:
6 TOTAL COSTS (Estimated) $ 191,475
Contingency (10%) $ 19,148
TOTAL COSTS (Estimated) $ 210,623
• The total compensation for the Services shall not to exceed the Contract Sum • As part of Strategic Plan (#8-IFSS) for Community Conservation Improvements $2,000,000 has been allocated in the Water Capital Improvement Program (CIP) for community conservation projects in the Fiscal Year 22-23 Budget.

There is sufficient available balance in the Water CIP budget to fund the appropriation in the amount of $210,623.

Item #19. Page 56
Meeting Date: 11/8/2022 / Packet Page #: 658
Financial Impact: WaterWise Consulting will perform all the work at the rates on Price sheet listed below:
7 Item #19. Page 57
Meeting Date: 11/8/2022 / Packet Page #: 659
Recommendations:
8 1. Award WaterWise Consulting, Inc. for Professional Service Contract for total of $210,623 until June 30, 2024, with the option to extend the term up to maximum of 5 additional one-year term.

2. Authorize the City Manager to sign the contract.

That the City Council:

Item #19. Page 58
Meeting Date: 11/8/2022 / Packet Page #: 660
Water Conservation
Program Update
Public Works, Water Division
City Council
Item #
Nov 8, 2022
Russell Ackerman, Senior Management Analyst CityOfGlendora.org Item #19. Page 59
Meeting Date: 11/8/2022 / Packet Page #: 661

REBATE PROGRAM
FY2023-
1st QUARTER
10 Toilets:
3 units
Clothes Washers:
12 units
Dish Washers:
13 units
Irrigation
Controllers:
22 units
Rain Barrels:
7 units
Pool Covers:
1 units
Item #19. Page 60
Meeting Date: 11/8/2022 / Packet Page #: 662

REBATE PROGRAM
11 July August September
0 5
10 15
20 25
1st Quarter - FY 2023
2021 2022
1st Quarter- FY 22
• 49 applications
• $11,891.51
1st Quarter- FY 23
• 58 applications

APPLICATIONS
• $7,189.44
18% Increase (YoY)
Item #19. Page 61
Meeting Date: 11/8/2022 / Packet Page #: 663
12 WATER USE EFFICIENCY (WUE) SURVEYS
July August September
0 5
10 15
20 25
1st Quarter - FY 23
2021 2022
1st Quarter
FY 22= 64
FY 23= 35

SURVEYS
45% Less (YoY)
Item #19. Page 62
Meeting Date: 11/8/2022 / Packet Page #: 664

TURF REMOVAL PROGRAM
FY 2023-
1st QUARTER
13 Applications:
15 Sq. Ft. Removed:
8,303 sq. ft.

Rebated:
$12,035.00
Projects Completed:
4 Item #19. Page 63
Meeting Date: 11/8/2022 / Packet Page #: 665
14 TURF REMOVAL PROGRAM Item #19. Page 64
Meeting Date: 11/8/2022 / Packet Page #: 666
15 Education/Outreach Turf Retirement Program Flyer
Plan check fees
reimbursed
Non-Functional Turf
Item #19. Page 65
Meeting Date: 11/8/2022 / Packet Page #: 667
16 Education/Outreach Non-Functional Turf Item #19. Page 66 Meeting Date: 11/8/2022 / Packet Page #: 668
17 Education/Outreach Social Media Item #19. Page 67
Meeting Date: 11/8/2022 / Packet Page #: 669
18 Education/Outreach Message Boards
Location 1 Location 2 Location 3
PANEL 1
Drought
Help
Conserve

PANEL 1
No
Watering
8 PM- 5 PM
PANEL 1
San Gabriel
H20
Basin
PANEL 2
Thank U 4
Saving
Water

PANEL 2
Watering
3x Week
Max
PANEL 2
Historic
Water Low
169 ft
PANEL 3
Current
Level
178 ft
Item #19. Page 68
Meeting Date: 11/8/2022 / Packet Page #: 670
19 Education/Outreach San Dimas Wash Trial Workshop
Item #19. Page 69
Meeting Date: 11/8/2022 / Packet Page #: 671
20 Education/Outreach
National Night Out
Item #19. Page 70
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21 Education/Outreach Flashback Item #19. Page 71
Meeting Date: 11/8/2022 / Packet Page #: 673
22 Education/Outreach Item #19. Page 72
Meeting Date: 11/8/2022 / Packet Page #: 674
23 Rebate Program Update
“Pool cover must show
ASTM F1346
compliance to qualify.”
Item #19. Page 73
Meeting Date: 11/8/2022 / Packet Page #: 675
January February March April May June July August September 0 200
400
600
800
1,000
1,200
1,400
2020 2022
24 DWR Comparison Figures - 2020 v. 2022
Acre Feet
-1.20%
YTD-Percentage
-6.37%
+2.14%
+37.31% +28.66%
-11.98% -12.10%
-17.05% -15.85%
-22.06%
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Meeting Date: 11/8/2022 / Packet Page #: 676
25 Year-To-Date Rain Comparison
2020 v. 2022
January
February
March
April
May
June
July
August
September
0 1
2 3
4 5
6 2020 2022
YTD- Rain Difference
• 2020= 9.64”
• 2022= 3.05”
Inches of Rain
68% Less (YoY)
Item #19. Page 75
Meeting Date: 11/8/2022 / Packet Page #: 677
City Parks and Facilities Water Use YTD 2020 vs 2022
26 0 10000 20000 30000 40000 50000
2020
2022
UNITS
YTD-Percentage
-36.4%
Item #19. Page 76
Meeting Date: 11/8/2022 / Packet Page #: 678
27 Upcoming Events
Earth Day 2023
Item #19. Page 77
Meeting Date: 11/8/2022 / Packet Page #: 679
28 Updates on City Conservation Plan
Intra-agency Conservation Collaborations
• Metropolitan Water District (MWD)- Demo Garden / Turf Removal Program • SoCalGas Partnership
Conservation Plan
• St. Lucy’s Priory HS Pilot Project
Item #19. Page 78
Meeting Date: 11/8/2022 / Packet Page #: 680
MWD Turf Removal Program
29 Glendora
Demonstration
Garden
Item #19. Page 79
Meeting Date: 11/8/2022 / Packet Page #: 681
SoCalGas
• MOU - Residential indoor/outdoor energy and water
efficiency upgrades program
– Showerheads, faucets, toilets, irrigation controllers • SoCal Marketplace - clothes washers, dish washers
• Multi-Family, Manufactured Home, Public Agency
Programs
30 Item #19. Page 80
Meeting Date: 11/8/2022 / Packet Page #: 682
St. Lucy’s Priory HS Pilot Program
31 Main school campus restrooms
13 3.5+ gallons per flush toilets converted to 1.28
gallons per flush
5 1.6 gallons per flush toilets converted to 0.8
gallons per flush
1 3-5 gallons per flush urinal converted to 0.125
gallons per flush
Total estimated savings 177,755
gallons per year *
*based on the Alliance for Water Efficiency parameters
Item #19. Page 81
Meeting Date: 11/8/2022 / Packet Page #: 683
QUESTIONS?
32 Item #19. Page 82
Meeting Date: 11/8/2022 / Packet Page #: 684

Glendora City CouncilNovember 8, 2022

Glendora City Council
November 8, 2022