Cities Index.
Agenda packet

Glendora City Council
January 10, 2023

Document
Agenda packet
Meeting
January 10, 2023
Body
Glendora City Council
Pages
29
Original file
140.7 MB
Text extracted from the city's file for reading and search. Open the original on meetings.ci.glendora.ca.us. That file is the official record.

3. All costs associated with responding to this request are to be borne by the Proposer.

4. It is the City’s policy that the selected firm shall not discriminate, in any way, against any person on the basis of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law, in connection with or related to the performance of City of Glendora contracts.

5. An agreement shall not be binding or valid with the City unless and until it is approved by the City Council, if so required, and executed by authorized representatives of the City and of the Proposer and the City issues a written “notice to proceed.”

RIGHTS OF THE CITY OF GLENDORA
A. This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of responsive proposals or in anticipation of a contract. The City reserves the right to:
a. Accept a proposal in full, or in part.
b. Make the selection based on its sole discretion.
c. Reject any and all proposals.
d. Issue subsequent Requests for Proposals.
e. Postpone opening proposals for any reason.
f. Approve or disapprove the use of particular sub-operators. g. Negotiate with any, all, or none of the Proposers.
h. Accept other than the lowest monetary proposal.
i. Waive informalities and irregularities in any proposal(s). j. Enter into an agreement with another vendor in the event the originally selected vendor defaults or fails to execute an agreement with the City.

PUBLIC NATURE OF PROPOSAL MATERIAL

1. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act (Cal.

Government Code §§ 6250 et seq.) All documents that you send to the City will be subject to disclosure if requested by a member of the public.

Item #15. Page 9
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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

ATTACHMENT A
Proposal Certification
Proposing Firm
Name:

Address:

Telephone:

Facsimile:

E-mail:

Contact person name and title:

PROPOSER REPRESENTATIONS

1. Acknowledgement of Receipt of _____ Addendum ________Initial

2. Proposer did not, in any way, collude, conspire, or agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms, or conditions of this proposal.

3. Proposer acknowledges that all requests for deviations, exceptions, and approved equals are enclosed herein and that only those deviations, exceptions, and approved equals included in the RFP document or permitted by formal addenda are accepted by the City.

4. Proposer did not receive unauthorized information from any City staff member or City Operator during the Proposal period except as provided for in the Request for Qualifications package, formal addenda issued by the City, or the pre-proposal conference.

5. As suppliers of goods or services to the City of Glendora, Proposer and individuals listed below certify that they do not discriminate in employment of any person because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background; and that they are in compliance with all Federal, State and local laws, directives and executive orders regarding nondiscrimination in employment.

6. Proposer hereby certifies that the information contained in the proposal and all accompanying documents is true and correct.

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

7. Please check the appropriate box below:

If the proposal is submitted by an individual, it shall be signed by him or her, and if he or she is doing business under a fictitious name, the proposal shall so state.

If the proposal is submitted by a partnership, the full names and addresses of all members and the address of the partnership shall be stated and the proposal shall be signed for all members by one or more members thereof.

If the proposal is submitted by a corporation, it shall be signed in the corporate name by an authorized officer or officers.

If the proposal is submitted by a limited liability company, it shall be signed in the corporate name by an authorized officer or officers.

If the proposal is submitted by a joint venture, the full names and addresses of all members of the joint venture shall be stated and it shall be signed by each individual.

By signing below, the submission of a proposal with all accompanying documents shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and that they have read and understand the RFP.

Authorized Representative
Signature:

Authorized Representative
Print name:

Authorized Representative
Title (Print title):

Complete additional signatures below as required per # 8 above Authorized Representative
Signature:

Authorized Representative
Print name:

Authorized Representative
Title (Print title):

Authorized Representative
Signature:

Authorized Representative
Print name:

Authorized Representative
Title (Print title):

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

ATTACHMENT B
TECHNICAL Proposal – Phase 1
Technical Proposal shall include a company overview and project approach as outlined in the RFP.

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

ATTACHMENT C
COST Proposal – Phase 1
Pricing shall be not to exceed pricing and inclusive of all expenses including but not limited to labor, travel, per diem, and related expenses, sales tax, overhead, and profit.

Please provide a high level breakdown of the labor by discipline (e.g. program manager, designer, etc.) the estimated number of hours, and hourly and extended rates.

All-inclusive not to exceed Contract Price as described above: $ Item #15. Page 13
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12 ATTACHMENT D

PREVIOUS CUSTOMER REFERENCE WORKSHEET
Provide reference information for the service you are proposing in an environment similar in size and scope to the requirements of this project. Copy this form as appropriate.

Name of Customer:

Customer Address
Customer Contact Name(s)
Customer Contact Phone Number(s)
Brief description of work performed for this client (use additional sheets if necessary and include is reference is for broker, claims or administrative services):

Item #15. Page 14
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33 ATTACHMENT E

EXEMPLAR OPERATOR SERVICES AGREEMENT

CITY OF GLENDORA

AGREEMENT FOR CONTRACT PARKING ENFORCEMENT

SERVICES
________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of _______, 2022, by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and ______________ (herein “Operator”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 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 the Agreement.

1.4 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.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of ______________________________ Dollars ($________) (“Contract Sum”).

2.2 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, Operator is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, Item #15. Page 15
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33 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, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 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 Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost 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 but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

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 Project Manager but not exceeding thirty (30) 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 utility company or governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Item #15. Page 16
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33 Project Manager’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. 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 one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

4. COORDINATION OF WORK

4.1 Representative of Operator. ____________________________ is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Operator shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Project Manager. ______________________________ [or such person as may be designated by the City Engineer or Public Works Director/Community Services Director] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Project Manager”).

4.3 Prohibition Against Subcontracting or Assignment. Operator shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Contractor. 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. Consultant shall perform all services required herein as an independent contractor of City 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, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:

Item #15. Page 17
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33 (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement.

During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) 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 be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the Item #15. Page 18
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33 insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Project Manager. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.

City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

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 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:

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 attorney’s fees incurred in connection therewith;
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;
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 attorney’s 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 Item #15. Page 19
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33 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.

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 Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Project Manager 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.

6.2 Reports. Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement or as the Project Manager shall require.

6.3 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 the City without prior written authorization from the Project Manager.
(b) Consultant shall not, without prior written authorization from the Project Manager 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 the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the 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 the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, Item #15. Page 20
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33 request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager 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 the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

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.

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 Orange, State of California. 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 Orange, 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, 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. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 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 any legal action under this Agreement.

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

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33 7.4 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 written notice to Consultant. In addition, the Consultant may terminate this Contract at any time for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. 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 Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager. 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, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. 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.

7.5 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.

8. MISCELLANEOUS

8.1 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

8.2 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.

8.3 Notice. 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 to Kathleen Sessman, or Alison Sweet, City of Glendora, 116 E. Foothill Boulevard, California 91741 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 Item #15. Page 22
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33 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.

8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of 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 portions 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.

8.7 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 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.

8.9 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.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it Item #15. Page 23
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33 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.

Operator’s Authorized Initials _______

8.11 Corporate Authority. 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) the 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 the following page.]
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33 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CERTIFY AVAILABILITY OF FUNDS: CITY:

City of Glendora, a municipal corporation
______________________________________
Marie Ricci
Administrative Services Director
Karen Davis
Mayor
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP ATTEST:
______________________________________ ______________________________________ William W. Wynder
City Attorney
Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:
(INSERT COMPANY NAME)
By: __________________________________
Name:

Title:

By: __________________________________
Name:

Title:

Address:______________________________
______________________________
______________________________
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, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES O REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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01006-0001/301444.1
32 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
___
__________________________________
____
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
___
__________________________________
____
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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301444.10 A-1
EXHIBIT “A”

SCOPE OF SERVICES

CONTRACT PARKING ENFORCEMENT SERVICES
The City of Glendora Police Department serves a community of about 52,000 residents. Parking enforcement is primarily conducted by a private vendor on a contract basis. The current contract is set to expire on October 10, 2022.

The contractor provides 128 hours of weekly enforcement consisting of staffing of two parking enforcement officers from Sunday through Thursday, one parking enforcement officer from Monday through Friday, and one parking enforcement officer Friday and Saturday. The parking enforcement officers will have the below schedule:
 (1) Sunday through Thursday: 2045 hrs to 0515 hrs
 (1) Sunday through Thursday: 2145 hrs to 0615 hrs
 (1) Friday & Saturday: 2000 hrs to 0000 hrs
 (1) Monday through Friday: 0715 hrs to 1545 hrs
During their shift, the parking enforcement officers provide other services such proactively patrolling various sites and reporting suspicious activity, locking gates at various locations, locking restrooms, and securing parking lots. The city reserves the right to adjust these hours as deemed necessary.

In addition, Glendora Police personnel provide some parking enforcement when violations are observed, or in response to a call for service.

1. SCOPE OF WORK TO BE PERFORMED
The primary enforcement responsibilities are:

A. Early Morning Parking – The City of Glendora restricts parking on public streets between the hours of 2:00 a.m. and 4:00 a.m., five-days-per-week (Monday-Friday). Residents and visitors may only park on City Streets during these hours by permit. There are two types of permits available for early morning parking exemption; an annual permit which consists of a sticker placed on the rear of the exempted vehicle, or a temporary permit which is issued either through two automated machines or purchased online and consists of a paper ticket that is placed in the exempted vehicle’s windshield.

B. Preferential Parking Districts – The City of Glendora restricts parking on public streets in four separate preferential parking districts that border public schools and a community Item #15. Page 28
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college. Residents are issued permits which they may use or temporarily provide to their guests.

C. City Owned Parking Lots – Restricted time parking in city-owned lots as posted (see section A above).

D. Enforcing of California Vehicle Code Sections and Glendora Municipal Code Sections related to on-street parking laws on all City streets and roadways.

E. Enforcing of California Vehicle Code Sections and Glendora Municipal Code Sections related to off-street parking lots as posted.

Additional related duties include, but are not limited to, the following:
 Locating and reporting to designated City staff, vehicles to be impounded or immobilized as a result of the vehicle’s driver having a specified number of delinquent parking citations.  Reporting to designated City staff, any unlawful act or condition or deficiency, which may pose a hazard or danger to the general public.
 Patrolling in motor vehicles or on foot, on designated routes and staggered-time schedules, with primary responsibility of enforcing on-street parking laws and regulations.

Participate in any hearing process or subsequent process involving a contested or challenged parking citation.
 Patrol various sites and report suspicious activity.
 Locking gates, locking restrooms, and securing parking lots at various locations.  Contractor will provide training for all regular, replacement, and additional contract employees. Contractor will provide retraining and continuing education for contract employees. Training shall be comprehensive and include information on parking enforcement statutes and ordinances, regulations, and resolutions enacted by the State of California and the City, parking enforcement programs, and policies and procedures adopted by the City.

2. CONTRACT PERSONNEL MINIMUM PERSONNEL REQUIREMENTS:

The Contractor will be expected to select and hire personnel who are well-qualified to perform the duties for their respective job positions. Personnel hired for the Parking Enforcement Officer positions are expected to be:
 Be at least 18 years of age.
 Be able to read, write and speak the English language and must be able to write intelligible reports.
 Have the ability to give and follow oral/written instructions in English.

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 Have the ability to speak a second language, such as Spanish which is highly desirable, but not required.
 Physically and mentally capable of performing parking enforcement duties.  Have the ability to remain calm and use good judgment and initiative in a confrontational or emergency situation.
 Have the ability to establish and maintain effective working relationships with the public and City personnel.
 Possess a high school diploma or equivalent.
 Possess a valid class “C” State of California driver’s license.  Possess all current State of California Consumer Affairs Security Guard requirements.  Have passed a background check, a drug-screening test and undergone a comprehensive medical examination to determine fitness to perform assigned duties.  Have a fingerprint clearance with the Department of Justice (D.O.J.) and National Crime Information Center (N.C.I.C.).
 Contractor shall have enough trained staff to provide backfill employees in the event of sick call out in order to maintain minimum staffing levels.  Pass a DOJ CLETS test.

4. TRAINING
The Contractor will provide all appropriate and necessary training to employees who will work in the City. This may be done in conjunction with training provided by a Glendora PD Officer.

Proposer shall provide information about their procedures for correcting deficiencies in the performance of Parking Enforcement Officers. Performance standards should be commensurate with workload as assessed by Glendora PD supervisors. If any articulable deficiencies in work performance are identified, the Contractor will rectify the issue through additional training or termination of personnel.

3. EQUIPMENT TO BE PROVIDED BY CONTRACTOR
Contractor will provide essential uniforms and related equipment. The following is a list of standard equipment:

1. Light blue uniform shirt with dark blue trousers. Uniform shirts shall have the words “Glendora Parking Enforcement” placed on the front and the back.

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2. Black leather boots/shoes.

3. Black leather belt.

4. Silver color name plate with employee’s first initial and last names.

5. Contractor identification badge, approved by the Police Department.

6. Summer uniform – light blue polo style shirt, dark blue short pants, white socks, clean white tennis style shoes.

4. VEHICLES:

Contractor will provide a minimum of two clearly/visibly marked “City of Glendora Parking Enforcement” subcompact vehicles in good running order. Each contract employee shall arrive for duty in a properly designated vehicle. Vehicles shall be in safe working order and in compliance with all applicable California Vehicle Code Sections. Vehicles shall be a newer model vehicle, not less than three years old, and free from body damage, missing parts, or any other visible wear.

Vehicles that are damaged or disabled while in service for the City of Glendora shall be replaced with an operable vehicle within one hour. In the event that a replacement vehicle is unavailable, contract personnel shall be relieved of duty for the remainder of the shift and contractor shall pay City prorated liquidated damages for loss of contracted work performance.

5. LIQUIDATED DAMAGES
The Contractor shall agree to be held liable for $400.00 in liquidated damages if a scheduled 8-hour shift is unfilled due to short staffing and $200.00 in liquidated damages if a scheduled 4-hour shift is unfilled due to short staffing.

6. VOIDING PARKING CITATIONS
Any parking citations that are deemed inappropriate during or immediately after the issuance of citation, can be voided by the parking enforcement officer that issued the parking citation, as long as the officer follows up with a correct citation.

Citations that are written in error, i.e. citizen has proper permit displayed, citizen has handicap placard displayed, or citation was written outside the City limits, shall not exceed 2% of the total citation written per officer, per month. In the event that the percentage of citations written in error by a parking control officer exceeds 2% in one month, contractor must deduct $5.00 per void in excess of the allowed 2% from the corresponding monthly invoice.

7. EQUIPMENT TO BE PROVIDED BY CITY:

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1. Hand-held radios allowing for communication with Police Department personnel and Dispatch Center.

2. Parking citations and warning notices.

3. Glendora Police Department Parking Traffic Enforcement training manual.

4. City of Glendora street maps.

5. Traffic chalk and chalk sticks for tire marking.

6. Training and orientation for parking enforcement in the City of Glendora.

The contractor is responsible for replacing any equipment that is lost/damaged that is caused by the negligence of the contractor.

8. PROPOSAL STATEMENT OF WORK
The proposal must include, at a minimum, the following items:

A. A completed Contract Parking Enforcement Proposal Forms.

B. A cover letter with a description of the overall program, including an executive summary of the major components of the proposal. Include a general description of the company, the proposed services and qualifying experience. State the location of the home office.

C. A table of contents clearly identifying all sections of the proposal.

D. Proposed costs for the contract which will include a detailed cost analysis, identifying specific positions and detailed hourly rates and service rates for a five-year period, with costs for each of the five years.

E. An itemized list of dress standards, uniforms, equipment and vehicles.

F. A list and description of in-service personnel training provided by Contractor.

G. A list of qualifications and experience of your company in providing similar services in the past two years.

H. A list of references for recent projects, including the name, address, and telephone number for three different organizations for which similar services have been provided.

I. The successful company must comply with the City of Glendora’s insurance requirements. At a minimum, proof of Workers’ Compensation coverage and Liability coverage of one million dollars with an original Certificate of Insurance naming the City of Glendora as an additional insured are required. Insurance companies must be an AM Best B+ rated carrier or better and must be admitted to do business in the State of California. Additionally, the selected firm will be required to defend and indemnify the Item #15. Page 32
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City for any and all claims arising out of the selected firm’s activities. Please indicate your firm’s ability to meet these requirements. A list of other related licenses/certifications (i.e., the State of California Department of Consumer Affairs guard/security requirements).

J. The signature of an official authorized to bind the offer and a statement to the effect that the proposal is a firm offer for a period of at least 90 calendar days from the date of required submission.

K. Provide the following information: Name, title, address and telephone numbers of the individual(s) with the authority to negotiate and contractually bind the firm and who may be contacted during the period of the proposal evaluation.

9. QUESTIONS REGARDING THE PROPOSAL REQUIREMENTS
Each firm responding to the proposal is encouraged to ask questions about or obtain clarification of the specific items in the Request for Proposals. Questions should be directed to Julie Linger, Public Safety Management Analyst, at (626) 852-4880. If it appears desirable, the City may, at its option, schedule a general information meeting prior to the submission deadline for the proposal.

10. SELECTION PROCESS
The proposals will be screened to determine the most qualified firm. Finalists may be asked to participate in a presentation to City staff. Areas of specific expertise that will be particularly evaluated include experience in municipal parking enforcement and the ability to provide an effective and cost efficient program. The firm with the best qualifications as determined by the City, and an acceptable fee proposal, will be asked to negotiate a professional services agreement with the City. A City of Glendora business license will be required before the selected Contractor begins work.

11. TERMS OF THE CONTRACT
It is anticipated that the City will award a contract for up to five years, although the City reserves the right to award a contract for a shorter period of time. Additionally, any such contract awarded shall be terminable by either party without cause, upon forty-five days written notice. In addition, upon either the expiration or termination of the contract, the Contractor is required to turn over any and all data and/or equipment generated or provided as part of this contract.

12. INDEPENDENT CONTRACTOR STATUS AND INDEMNITY
This RFP and the proposed Contract are not intended, and must not be, to create the relationship of agent, servant, employee, partnership, joint venture, or association Item #15. Page 33
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between the City and the Contractor. The Contractor understands that in performing its services under the RFP and Contract, the Contractor is, and will be, an independent contractor. The Contractor acknowledges that the Contractor and its employees, subcontractors, and anyone who the Contractor directly or indirectly hires, employs, or uses are not employees or agents of the City of Glendora under any circumstance.

The Contractor has, and will retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons who the Contractor uses in performing the services under the Contract. The Contractor must provide the required services in its own manner and method, except as this RFP and the Contract specify.

The Contractor 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 Any and all claims, demands or liability arising out of or encountered in connection with this Contract shall be borne by the Contractor.

The Contractor agrees to comply with all federal, state, and local laws.

The Contractor 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 procedure, or the performance of work under it where such claims, demands or liability are caused by the Contractor, its employees or agents.

13. WORKERS COMPENSATION INSURANCE
The Contractor agrees to, at its own cost expense, maintain a policy of Worker’s Compensation insurance providing coverage of persons employed by the Contractor in connection with work performed in, upon, or around the issuance of parking enforcement.

All other provisions contained in this agreement shall not be operative or effective unless and until such certificate(s) are filed in accordance with the provisions as specified above, and are maintained in a current status.

14. ASSIGNMENT ON TRANSFER OF SERVICE CONTRACT
The Contractor 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 from the Chief of Police of the Glendora Police Department or his designated representative has been received.

15. CONDITIONS OF PROPOSAL ACCEPTANCE
The Request for Proposals does not commit the City of Glendora to award a contract, pay any costs incurred in the preparation of a proposal to this request, or to procure or contract for any services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source or to cancel in part or in its entirety the Request for Proposals, if it is in the best interest of the City. All information will become the property of the City of Glendora. If any proprietary information Item #15. Page 34
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is contained in the proposal, it should be clearly identified.

EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. [When applicable] The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
II. [When applicable] Section 5.1(d) shall be amended to read as follows:
“Professional Liability. Professional liability insurance appropriate to the provision of design services. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Operator shall annually and upon request of City submit written evidence of this continuous coverage.”
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B-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
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301444.10
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
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Request for Proposal
RFP NO. 8326882 | PARKING ENFORCEMENT SERVICES
Proposed By
INTER-CON SECURITY SYSTEMS, INC.

PROPOSAL

CITY OF GLENDORA
Address
210 S De Lacey Avenue
Pasadena, CA 91105
Contact
Neil Martau
Chief Administrative Officer
T: (626) 535 – 2234
E: [email protected]
Due
November 22, 2022

This proposal includes information that is confidential and proprietary in nature and protected from public dissemination pursuant to California Civil Code §§ 3426.1 (Uniform Trade Secrets Act); § 6254.15 (Public Records Act) and Evidence Code § 1060. This proposal may not be disseminated, duplicated, or disclosed without prompt notification to the offeror as required by the Public Records Act. Pursuant to the Public Records Act, the offeror has appropriately marked its confidential and trade secret information as such by designating as "confidential."
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November 21, 2022
City of Glendora
Attn: Ms. Julie Linger, Public Safety Management Analyst 150 S. Glendora Avenue
Glendora, CA 91741
Subject: RFP No. 8326882 – Parking Enforcement Services for the City of Glendora Dear Mr. Linger,
Inter-Con Security is pleased to submit the following proposal for your consideration, which shall remain valid for a period of 90 calendar days from the date hereof. Since 1973, headquartered in Pasadena, we have had the honor and privilege of providing premium security and parking enforcement services to local municipal and government entities across the country, including a diverse portfolio throughout the state of California. We are the industry leader in providing highly qualified and well-trained security personnel, with a specialized focus on customer service. From our experienced Account Managers, who understand the industry and form invaluable relationships with both our Clients and our Officers, to our innovative technologies that uniquely enhance our capabilities, Inter-Con lowers operational and administrative costs for our clients while simultaneously adhering to strict safety standards.

As the incumbent and exclusive provider of parking enforcement services for the City of Glendora since 2008, Inter-Con remains the only provider with the requisite experience and expertise to deliver a high-quality Parking Enforcement program that is fully tailored to the City’s unique requirements.

Additionally, as a 100% family-owned and certified Minority Business Enterprise, we believe the diversity of our workforce plays a critical role in our success. Inter-Con has also never lost a contract for cause or default in the United States, and no public agency has ever terminated a contract with Inter-Con for cause or default.

Inter-Con has been involved in relatively little litigation for a company of our size and geographic reach.

We always strive to operate in compliance with legal and contractual requirements, and we aim to resolve any disputes that arise amicably. No past, current or pending litigation exists that would have a material effect on our company’s finances, licensing status, or ability to service the City of Glendora’s security needs.

While our proposal outlines our response to your RFP, as demonstrated through our current partnership, Inter-Con’s focus and commitment is to meet the City of Glendora’s current and future security needs, whatever they may be. Given this, we remain flexible and open to continually customizing our services now or at any point in the future.

The below listed individual is fully authorized to communicate with the City of Glendora, negotiate and contractually bind the firm on Inter-Con’s behalf, in connection with all aspects of this RFP:

Mr. Neil Martau
Chief Administrative Officer
210 South De Lacey Avenue
Pasadena, CA 91105
Phone: (626) 535-2234
Email: [email protected]
Headquarters:

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It is with our utmost respect and enthusiasm that we request the opportunity to continue our relationship with the City of Glendora as your trusted security partner. We look forward to discussing the merits of our proposal and addressing your security needs.

Respectfully,
Enrique Hernandez III
President and Chief Executive Officer
Headquarters:

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Parking Enforcement Services for the City of Glendora - RFP #8326882 | Table of Contents – ii Table of Contents
Letter of Transmittal ............................................................................................................. i Table of Contents.................................................................................................................. ii Executive Summary ...................................................................................................................1 Company Overview ...................................................................................................................5 Project / Design Approach ...................................................................................................18 Price Narrative ........................................................................................................................ 45 Attachments:
• Attachment A – Proposal Certification
• Attachment C – Cost Proposal
• Attachment D – Previous Customer Reference Worksheet
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Parking Enforcement Services for the City of Glendora - RFP #8326882 | Executive Summary – 1

CONFIDENTIAL
Executive Summary
Inter-Con is a global provider of fully customized, hightouch, integrated security solutions. With over 30,000 employees performing services throughout North and South America, Europe, and Africa, we are one of the largest
security companies in the world. Our core business focus is providing high-quality, value-focused customized
security solutions for sophisticated clientele whose
needs exceed the capabilities of traditional security
companies.

After reviewing the RFP, Inter-Con firmly believes that as the incumbent provider and the City's exclusive partner in Parking Enforcement for over 14 years, we are uniquely positioned to offer the City of Glendora the highest-quality and most cost-effective Parking Enforcement solution. We are excited to present our continued vision for the City’s program as well as highlight the qualities and operational differentiators we believe truly set us apart in the industry.

As will be discussed in greater detail in our proposal, with Inter-Con, the City of Glendora will continue to receive:

1. An established City partner with demonstrated expertise in municipal Parking Enforcement programs;

2. Local provider and resources to deliver unparalleled support and agility;

3. High-Touch Account Management and an Embedded Service Model;

4. Zero transition risk in today’s challenging economic environment, as the incumbent partner;

5. Unrivaled recruiting and retention capabilities;

6. Cutting-edge, technology-driven business, tracking, and reporting systems; and

7. A stable, 100% minority-owned (MBE) business that emphasizes diversity at all levels.

EXPERTISE IN PARKING ENFORCEMENT SERVICES
At Inter-Con, we fully adapt our services to the needs of each client, providing them with the highest level of custom-tailored solutions ensuring optimal security and customer service outcomes. We have a distinguished record of providing high-quality Parking Enforcement and security services at scale for a diverse portfolio of local municipal and government entities across Southern California, including the Cities of Alhambra, Arcadia, Azusa, Colton, Covina, Glendora, La Verne, Montebello, Pasadena, San Gabriel, and Sierra Madre, among others.

While we understand the City of Glendora’s security program is unique, we highlight these clients because they likewise entail security programs requiring well-trained security professionals to provide the highest levels of customer service, ordinance enforcement, and various safety and security services. As the incumbent provider and veterans in the industry, we will continue to support the City with expertly trained Parking Enforcement Officers to support this program. Inter-Con’s ability to successfully tailor our services to the individual needs Item #15. Page 45
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Parking Enforcement Services for the City of Glendora - RFP #8326882 | Executive Summary – 2

CONFIDENTIAL
of every client, regardless of the scale or complexity of their mission, allows us to create long-term partnerships and maintain annual client retention rates above 99% - the seniority of our core client base is 17 years on average, with some clients contracting with Inter-Con for over 25 years.

LOCAL PROVIDER
Inter-Con’s location in, and density of operations throughout Southern California will continue to provide the City of Glendora with an unparalleled proximity to excellence. Our Parking Enforcement Program for the City will be directly supported by our Global Headquarters in nearby Pasadena, located approximately 20 minutes from the City’s Police Department. Additionally, Inter-Con’s Global Headquarters in nearby Pasadena is home to our West Coast Training Academy and 24/7 Global Security Operations Center (GSOC) and houses the administrative
support team for our company. Only Inter-Con can provide this degree of support and agile access to such advanced and robust resources for the benefit of the City contract.

Inter-Con’s current pool of over 3,000 local security personnel, combined with our numerous nearby municipal contracts,
guarantees optimal staffing levels and oversight in both normal and surge conditions. In addition, our GSOC will provide 24/7/365 monitoring and communications support to the City’s program, while our elite Training Academy experts will deliver student-centric curriculum and exercises that are fully tailored to the specific requirements of this contract. Lastly, as always, our corporate leadership, Account Manager and Management Team are in close proximity and stand ready to address any of the City’s greater needs.

HIGH-TOUCH ACCOUNT MANAGEMENT
Inter-Con is committed to providing the City of Glendora with consistent, high-quality, tailored security services at scale. We treat every contract as a standalone entity and operation, so we will not share resources across clients to ensure that City-assigned personnel serve only the City of Glendora. This approach maximizes the return on investment for the City of Glendora, while at the same time facilitating agile account management and value-driven solutions design, as demonstrated through our current partnership. This also means that our services are readily scalable should it be necessary to accommodate a surge or should the City simply wish to flex up or add additional locations. Inter-Con’s consultative approach to account management and solution design, as well as our commitment to continuous improvement ensures effective and efficient security solutions throughout the lifetime of our partnership.

Our designated Supporting Executive, Mr. Brad Lauer, has served as a true partner to the City, maintaining open and constructive communications with City stakeholders 24/7 to design unique, incremental value-added and cost savings initiatives. Mr. Lauer, if re-awarded would continue to have access to Inter-Con’s full resources to ensure total alignment between the program’s strategic and day-to-day objectives.

Our Account Manager, Ms. Mariana Alvarez, has served as the City of Glendora’s Account Manager for approximately 2 years, overseeing Parking Enforcement Officers who have been with the City for over 10 years. Ms. Alvarez, if re-awarded would continue to ensure strategic alignment between both the City and Inter-Con throughout the lifetime of the contract. She is also responsible for overseeing a successful reItem #15. Page 46 Meeting Date: 1/10/2023 / Packet Page #: 667
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alignment in accordance to any contract renewal requirements, and for representing Inter-Con during quarterly business reviews and expediting any requests the City may require.

ZERO TRANSITION RISK
Although transitions can be the most critical and sensitive periods for a security program, as the incumbent provider, Inter-Con can ensure there are no transition risks. Our Account Management Team will remain the same and our Parking Enforcement Officers will continue to provide exceptional service, causing no disruption in daily operations. The City of Glendora can secure 5 additional years of Parking Enforcement services, confident that they will be of the same caliber and quality as the last 14 years. Rather than standing up a new program during the transition, Inter-Con will review its current program against any new contract
requirements and will work to identify possible deficiencies or opportunities for value creation. We will review our approach to staffing, administration, and enforcement to evaluate new ways in which to streamline our operations to possibly reduce costs or increase revenues. Inter-Con will also be able to keep our diverse workforce in their current roles, maintaining their invaluable experience and familiarity within the community, ensuring that the citizens of Glendora feel safe and secure.

SUPERIOR RECRUITING & RETENTION DIFFERENTIATORS
Inter-Con understands the City’s need for Parking Enforcement Officers who are properly qualified, experienced, trained, and outfitted to provide high-quality security and customer service. Therefore, we will continue to recruit, screen, train, and staff personnel specifically for their ability to excel on the City’s contract and at their assigned posts. To maintain an engaged Security Force, we will continue to utilize meaningful retention measures, such as consistent performance rewards, professional development, as well as flexible pay and scheduling options, to further demonstrate our commitment to the wellbeing and personal growth of our employees. Impressively, the majority of Officers assigned to the City’s account have been engaged since contract inception with over 10 years of dedicated service.

COST SAVINGS THROUGH INNOVATION & TECHNOLOGY
At Inter-Con, we take tremendous pride in being at the vanguard of the pro-technology movement sweeping the industry. In 2019, Inter-Con invested in IC Labs, a standalone technology company that is wholly owned by Inter-Con and charged with leveraging technologies and tools to enhance and broaden our services. IC Labs is operated by industry leaders recruited from companies like Samsung, Amazon, and Apple, and its cuttingedge projects involve collaborations with some of the world’s most revered technology companies, including Salesforce, Microsoft, and Amazon. Through our use of IC Labs created technology, Inter-Con also recently received a Designation from the U.S. Department of Homeland Security under the SAFETY Act.

For the City of Glendora, we would continue to offer scalable security solutions integrated with new technologies to control costs, ease administration, and increase security mitigation. These solutions include an enhanced Resource and Learning Management System, customizable and consolidated invoicing, our proprietary Mobile Application, as well as live reporting of critical Key Performance Indicators. The enhanced transparency, accessibility, and quality of the information and communications our technology Item #15. Page 47
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provides will further optimize compliance with contract requirements, resulting in increased cost savings and improved efficiency, as currently demonstrated through our 14+ year partnership with the City of Glendora.

STABLE, 100% MINORITY BUSINESS ENTERPRISE
Since our founding in 1973, Inter-Con has operated under the same name, has had the same ownership, and has provided the same high-quality services. For almost 5 decades, we have grown organically to become the 5th largest security company in North America and the most capable MBE in the industry, all while maintaining 100% family ownership and management.

Where many of our competitors have forfeited their identities and transformed into disorganized and faceless entities through repeated mergers and acquisitions, we have stood by our brand. Inter-Con has never changed our name or structure to distance ourselves from bad press or legal improprieties, and we understand keenly the importance of our reputation.

For this reason – and true to the approach of our founder, Hank Hernandez – we remain fiscally conservative and take no unnecessary risks. We take a long-term view of our business, and we prioritize client relationships over profits.

In addition to the above, we are incredibly proud of the fact that we are a 100% Hispanic-owned and certified minority business enterprise (MBE).

Having been owned and operated by the Hernandez family for nearly 50 years, we are not an MBE “in name only” or an MBE being propped up or controlled by a large, non-diverse backer. Inter-Con also strongly promotes diversity across our employee base – including within our management ranks and on our Board of Directors – and, currently, 77% of our employees and 100% of our Directors identify as a racial minority. We further maintain an internal goal of utilizing MBE / WBE / SDVOB owned businesses for 100% of our supplier and subcontractor needs. To date, we have achieved this goal on many of our federal programs, and we have made significant strides on our state, local, and commercial programs.

CONCLUSION
Inter-Con sincerely believes that we can continue to offer the City of Glendora the best security services program, the best business model, and the best partnership for the long-term success of its security services program.

We look forward to discussing the highlights of our proposal with you.

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Company Overview

ORGANIZATIONAL STRUCTURE
Inter-Con has been intentionally structured to optimize our unique approach to Embedded Service Delivery and High-Touch Account Management. As outlined in Figure 1 below, our organizational structure remains streamlined, despite our large size. By thoughtfully leveraging innovative technology, flexible infrastructure, recruiting/retaining industry-leading talent, and implementing sound business practices, Inter-Con continues to successfully unlock deep value for our clients by minimizing our operational costs and maximizing the bandwidth of our human capital.

Figure 1 - Corporate Organizational Chart
As the incumbent provider for over 14 years, Inter-Con would propose utilizing the current key staff members assigned to the City of Glendora, as represented in Figure 2 below.

Figure 2 – City of Glendora Organizational Chart
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Mr. Brad Lauer | Senior Vice President of Operations|Supporting Executive:

As the Supporting Executive for the City contract, Mr. Lauer will continue to work closely with the Account Manager in overseeing a successful security program for the City. Mr. Lauer will deploy and re-task Inter-Con resources for the City, oversee the procurement of any new equipment requirements during the contract renewal phase, communications with the City, and provide confirmation of Inter-Con’s progress on strategic initiatives. For additional information, please refer to resume on page 3.

Ms. Mariana Alvarez | Director of Operations | City Account Manager: Ms.

Alvarez, if re-awarded would continue to ensure strategic alignment between both the City and Inter-Con throughout the lifetime of the contract, as she has done for the past two years, managing a team of Parking Enforcement Officers who have been with the City for over 10 years. She is also responsible for overseeing a successful re-alignment in accordance to any contract renewal requirements, and for representing Inter-Con during quarterly business reviews and expediting any requests the City may require. Ms. Alvarez is a former Police Officer for the City of El Monte, with over 9 years of security and law enforcement experience. Ms.

Alvarez’s experience both as an Officer and current position as Account Manager for the City of Glendora’s Parking Enforcement Program, has provided her the unique understanding of both the Client’s and Officer’s needs. For additional information, please refer to resume on page 5.

Mr. Brian Faulkner | Chief Information Officer | City Technology Interfacing Officer: Mr. Faulkner will continue to function as the City’s Technology Interfacing Officer. Upon alignment with the renewal contract, Mr.

Faulkner will propose approved improvements to the City’s guard tour system and other security augmentation technologies throughout the lifetime of the contract.

Mr. Faulkner will ensure the smooth operation of Inter-Con’s services and continually seek to provide the City with new and innovative security programs and technologies. For additional information, please refer to resume on page 7.

Mrs. Nesrin Bunkheila | Vice President of Human Resources | City Administration Executive: Mrs. Bunkheila will continue to function as the City’s Administrative Executive and focus on retention and recruiting efforts for the City contract. She will provide support throughout the contract’s lifetime to ensure optimal staffing and will help ensure that key administrative tasks – such as recruiting, screening, and training – are conducted in full alignment with City’s program goals and preferences. For additional information, please refer to resume on page 10.

GLOBAL HEADQUARTERS LOCATION
The City of Glendora has the benefit of optimal proximity to our Global Headquarters and GSOC, 53 minutes away in Pasadena (210 South DeLacey Ave). From our Global Security Operations Center located at our Global HQ, our Dispatch Team and other security professionals can easily monitor and support our Officers in the field. Likewise, Inter-Con’s world-class West Coast Training Academy is based at this location and is able to support the City with classroom, on-site, and online training modules and consultations. With such unfettered access to resources, Inter-Con will provide complete and uninterrupted oversite of the City’s program.

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BRAD LAUER

POSITION
SVP of Operations | Supporting Executive

YEARS IN SECURITY, MILITARY AND/OR LAW ENFORCEMENT
34 years

EDUCATION, CERTIFICATIONS, AND TRAINING
• Executive Master of Business Administration | Northern Illinois University • Master of Science, Criminal Justice | Illinois State University • Bachelor of Arts, Administration of Justice | Southern Illinois University, Carbondale • U.S. Marine Corps

REPRESENTATIVE EXPERIENCE
Senior Vice President of Operations | Inter-Con Security Systems, Inc. | 2020 – Present • Plan, direct, coordinate, and oversee operations activities in the organization, ensuring development and implementation of efficient operations and cost-effective systems to meet current and future needs of the organization
• Manage operational security force programs with a focus on high risk and critical infrastructure clients. • Oversee large transitions to ensure continuity of security staffing, contractual requirements and/or changes to previous services, procedures and protocols, matters of compliance, recruiting, training, acquisition and issuance of uniforms and equipment, etc.
• Ensure sound business practices are deployed to comply with financial performance projections. Maintains high standards of competence through such instruction and training for the Vice Presidents, Directors, and Managers
Vice President of Operations | SOS Security, LLC | 2019 – 2020 • Held responsibility for all operational, sales and administrative requirements of the region • Provide oversight for multiple branch offices while providing needed support and direction for managers • Coordinated with Business Development Managers to identify opportunities and prepare top level proposals
• Developed and maintained client relationships, providing open & ethical communication Vice President of Operations & Process Development | Able Services | 2018 – 2019 • Managed operational facility services programs for clients in the Northern California area, with a focus on high rise commercial buildings.
• Liaised with client representatives to measure contract KPI’s and key long-term initiatives, mentored subordinate managers, and ensured compliance with financial performance projections • Administered internal control programs to facilitate the operational and administrative requirements of assigned contracts.

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Area Vice President, Northwest | U.S. Security Associates, Inc. | 2015 – 2018 • Maintained responsibility for all business operations for the greater Northwest territory (NoCal, OR, WA, ID, MT, WY and UT)
• High volume of high risk and critical infrastructure clients to include airport operations of an international parcel service.
• Oversaw sales efforts and the growth of profitable business while retaining clients through best-in-class service delivery.

General Manager | G4S Secure Solutions (USA), Inc. | 2014 – 2015 • Complete oversite of one of the fastest growing markets in the U.S. (Silicon Valley and Greater South Bay Area) with full profit and loss responsibility
• Directed engagement in sales and growth while ensuring service quality and client retention • Provided strategic direction and leadership for assigned territory and managed both short and long-term revenue growth and profitability goals while controlling costs • Directed and coached a team of area operational and administrative personnel in business management philosophies
Area Vice President | Securitas Security Services USA, Inc. | 2011 – 2014 • Full profit and loss responsibility of a portfolio with multiple branch locations • Provided strategic direction and leadership for assigned Area • Ensured that the nine branch offices within my Area achieved short and long-term revenue growth and profitability goals while controlling costs
• Directed and coached Branch Managers in business management philosophies • Facilitated client retention, service expansion, and delivery of quality services • Ensured that the Area's operational and administrative management services are effective and efficient Branch Manager | Securitas Security Services USA, Inc. | 2006 – 2011 Account Manager | Glenbrook Security | 2002 – 2006
Police Officer | Department of Veterans Affairs | 1998 – 2000 First Sergeant | United States Marine Corps | 1988 - 2010 Item #15. Page 52
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MARIANA ALVAREZ

POSITION
Director of Operations | City Account Manager

YEARS IN SECURITY, MILITARY AND/OR LAW ENFORCEMENT
9 years

EDUCATION, CERTIFICATIONS, AND TRAINING
• General Education | Los Angeles Trade Technical College | Los Angeles, California • Hearing Officer Certification
• Nonviolent Crisis Intervention Certification
• Firearms / Tactical Rifle | Riverside County Sheriff Department • Los Angeles Sheriff’s Department Basic Peace Officer Academy Certification • DEA, Billy Yout Excellence in Leadership Award

REPRESENTATIVE EXPERIENCE
Director of Operations – City Account Manager | Inter-Con Security Systems, Inc. | 2020–Present • Manage client relationships and ensures service delivery meets and exceeds client expectations and service level agreements.
• Manage daily staffing requirements and administrative functions, meeting business goals and objectives for the parking contract.
• Manage employee training for new hires and offer continuous guidance and mentorship on best practices, while providing constructive feedback.
• Oversee all managed business and client relationships. • Manage daily operation and administrative function driven by Key Performance Indicators (KPIs). • Conduct security and risk assessment consulting and adapt customized post orders and procedures to protect and limit asset loss.
• Keep records and prepare accurate and timely feedback / reports, as required.

Contract Manager – City of Pasadena Parking Enforcement | Inter-Con Security Systems, Inc. | 2018–2020
• Adjudicate parking citations and coordinates Parking Enforcement Representative for special City events. • Determine areas of opportunity for cost control and initiated changes. Resulting in the decline of uncontrollable loss percentage to decrease from 5.98% to 0% on a weekly basis. • Work with Client to assess team’s performance and set realistic improvement and recognition goals. • Increase Team’s performance by 87% by assessing team and employee tasks to develop the appropriate training for the team and each individual employee.
• Define employee functions and keep them on their assigned tasks. • Minimize errors in the field by ensuring employees understand expectations within the contract and awareness of policies, municipal and state codes.

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• Identify employees’ abilities and make recommendations for transfers to maximize and align parking enforcement contracts.
• Investigate and resolve Client inquiries and complaints in an empathetic and timely manner. • Improve scheduling by matching the employee to the area that allows them to excel. • Accurately communicate the strengths and limitations of the Officers.

Administrative Assistant/Parking Enforcement Lead | Inter-Con Security Systems, Inc. | 2014–2018 • Audit approximately 13,000 hours of weekly service for 86 post locations. • Effectively communicate with Security Officers / Managers to meet deadlines and Client commitments. • Bill hours as needed by Director of Operations. Pull payroll reports to generate double per client billable hours and overtime for contracted sites.
• Locate vehicle violations of a Federal, State or Municipal violations and issue parking citations, red tag vehicles, conduct 72 hour follow-ups.
• Schedule employees and ensure policy follow-through.
• Reconcile employee time sheets and send to Operations. • Maintain inventory of required paperwork, vehicles and equipment required by parking enforcement personnel.

Supervisor/Security Guard | Premier Executive Solutions | 2019 • Supervise employees and ensure required needs are met by California law. • Meet with Clients/Event Coordinator and assess the establishments’ needs. • Assign employees’ responsibilities and ensure they are carried out throughout the event. • Maintain a high level of confidentiality for various high-profile events. • Work under direct communication of the Coordinator.

Police Officer/Police Officer (Reserve)/Police Officer Cadet | El Monte Police Department | 2013 • Conduct traffic stops, pedestrian checks and investigate crimes. • Complete Field Training Programs.
• Enforce parking violations and impound vehicles.
• Parking enforcement, front desk and Records Bureau duties. • 736 Academy hours completed with the Los Angeles County Sheriff’s Department. • Adjust effectively to frequently changing work assignments and priorities.

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BRIAN FAULKNER

POSITION
Chief Information Officer | City Technology Interfacing Officer

YEARS IN SECURITY, MILITARY AND/OR LAW ENFORCEMENT
15 years

EDUCATION, CERTIFICATIONS, AND TRAINING
• MBA International Management, Marketing | Thunderbird, School of Global Management | Phoenix, Arizona
• Bachelor of Science Business Administration, Marketing | Weber State University | Ogden, Utah

REPRESENTATIVE EXPERIENCE
Chief Information Officer | Inter-Con Security Systems, Inc. | 2018–Present • Manages all tailored workforce management solutions to ensure results align with program goals and delivery milestones are achieved.
• Oversees all major technology solutions Inter-Con implements with clients. • Develops strategy and overseeing client relationship management efforts for Inter-Con’s technology practice.
• Previous Role: Executive Vice President
Senior Manager | Samsung | 2017–2018
• The senior manager for business and product alignment for Samsung’s cutting-edge mobile commerce layer, spanning Bixby AI and Samsung’s mobile wallet program, Samsung Pay. • Managed a budget of $42MM to drive strategic partnerships with Samsung Pay’s Head of Merchant Services. • Led business and product alignment for merchant services to ensure Samsung commerce platform worked seamlessly across all consumer touchpoints.

Director of Product | Aisle Fire Labs Inc. | 2015–2017
• One of the first 3 employees, reporting directly to the CTO, for information and marketing services company that utilizes location-sensing and IoT technologies to enable innovative mobile marketing, shopper insights, operations solutions for brick & mortar retail. • Defined and compiled business requirements into feature sets and managed program roadmap.

Implemented and administered JIRA and Confluence to support agile framework and manage product releases, sprints, key program tasks, document processes and ensured key functionality was delivered within business deadlines.
• Led the product management, UI/UX design, development, and user testing of four distinct mobile applications and proprietary IoT hardware platform.
• Managed large retail store deployments, including hardware installation, testing and ongoing maintenance of indoor location services. Managed contract mobile development and design team resources. • Key contributor in design and development of first-generation proprietary mapping and location services algorithms utilizing mobile phone sensors and Bluetooth technology.

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Co-Founder | vKnow| 2014–2015
• Head of Product and Co-Founder of a startup specializing in wine technology. vKnow is a mobile application and RESTful API services that allow developers in the wine industry unique access to a complete database of wine attributes (flavors, pairing, price, etc.). vKnow ensures the accuracy of the attributes by populating from the source (wineries and winemakers). In addition, vKnow allows consumers to rate, and remember wines they enjoy while providing valuable feedback to wineries. • Managed agile development process from ideation to execution and created UI/UX design, wireframes, mockups, storyboards, initial database architecture and working product demos. Managed standups with consultants to track progress to development goal sand lead marketing research to define key features for product MVP.
• Established, monitored, and managed corporate Business Plan including marketing research and detailed financial forecasts to encapsulate key operating metrics.

Director, Emerging Products | VISA Inc. | 2012 - 2014
Director, Operations
• Business Operations Director reporting to Senior Vice President of Operations for VISA’s digital payments program, VISA Checkout.
• Developed internal standard operating procedures to harmonize interaction between legacy tools, traditional functions, and new agile development process.
• Organized and lead multiple stakeholder support groups to enhance agile management and developing best practices.
• Restructured program’s communication platform, to normalize templates; adopted as the program standard.

Director, Market Launch Management
• Managed the initial product launch for VISA Checkout, reporting to the Senior Vice President of Emerging Products.
• Organized and coordinated cross-functional groups from product development to marketing successfully launch Visa’s emerging product, VISA Checkout, into the market with support of a $6MM marketing campaign.
• Created and lead process for managing the program through both market and technological development by tracking to strategic gates tied to business goals.

Business Development | Kaizen Construction Consultants | 2011 - 2012 • Responsible for locating new international partnership opportunities for small, family run Construction/Program Management specializing in larger government funded infrastructure projects. • Secured a noncompeting bid for a $400MM port project in Brazil and short-listed for two World Cup stadium projects.

Captain, Infantry | Detachment Commander, 301st PSYOP Airborne | US ARMY Reserves | 2012 - 2016
• Commander of a twenty Soldier Special Operations detachment specializing in Psychological Operations (Airborne) for the Pacific Theater.
• Responsible for deployment readiness of the detachment to include logistics, PSYOP doctrinal training, equipment, and physical health/moral welfare of the Soldiers.

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Captain, Infantry | Company Executive Officer, STRYKER BDE | US ARMY Active Duty | 2007 - 2011
• Responsible for the management of ~200 Soldiers.
• Led 40 soldiers through strenuous Afghan combat operations with minimal casualties and 100% mission success. This effective leadership, and operational excellence, resulted in the Platoon becoming the Decisive Force in Helmand East Province.
• Acted as lead trainer and the brigade liaison to key Afghan leadership. • Pioneered innovative partnerships with 300+ indigenous Afghan National Security Forces (ANSF), drastically increasing motivation, skill & overall effectiveness of the Afghan force. • Responsible for the movement & daily operational management of 175+ Soldiers and $80MM in equipment.

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NESRIN BUNKHEILA

POSITION
VP of Human Resources | City Administrative Executive

EDUCATION, CERTIFICATIONS, AND TRAINING
• Executive Master of Science, Human Resource Development, University of Houston | Emphasis in Change Management and Organizational Development | August 2013 • Bachelor of Arts in Political Science, University of Houston | Minor in Psychology | August 2002 • Professional Memberships: Society for Human Resource Management (SHRM), National Association of Colleges & Employers (NACE), Association for Talent and Development (ATD)

REPRESENTATIVE EXPERIENCE
Vice President of Human Resources | Inter-Con Security Systems | 2018 – Present • Oversees the administration of Inter-Con’s national programs, ensuring operations are conducted in compliance with all laws and client requirements across state-borders. • Directs the recruiting and retention of incumbent Security Guard forces during contract on-boarding phases with incumbent capture rates of over 90%.
• Spearheaded various employee-driven initiatives, including wellness initiatives like mental health first aid seminars and a concierge HR-hotline available to all employees to address their questions and concerns about payroll, PTO, performance management, or any other HR matter.

Human Resources Consultant | Independent HR Consultant | 2015 – 2018 • Work with clients in both Los Angeles, CA and Houston, TX to help them meet their varied HR needs. • Review existing policies and procedures to ensure they comply with California and Texas state labor laws. • Identify gaps / create solutions to improve policies, procedures, and processes to be effective and efficient. • Provide input on training and development an implemented reward and recognition programs. • Develop a workforce planning strategy for future growth and assist in employee relations and resolutions. • Provide implementation of ERP or HRIS platforms to assist in sustainability and stay current on all California and Texas labor laws to ensure my clients remain compliant.

Human Resources Business Partner | Petrofac Training Services | 2013 – 2015 • Served as first point of contact on Human Resource related issues by providing expert counsel and accurate and timely Human Resources information to employees; acted as an SME within Human Resources. • Managed 10 direct reports and (exempt / non-exempt) shared services employees reported directly to me. • Developed policies and procedures as well as career mapping for the entire organization. Assisted employees, supervisors, and managers in various human relations issues from intake through resolution. • Evaluated the performance management process and offered solutions for improvement. Partnered with Senior Management in identifying potential risks or gaps within the business unit related to improving work relationships, building morale, and increasing productivity and employee retention. • Provided consultation (in partnership with the Compensation and Benefits team) on issues such as job description and market pricing.
• Ensured compliance with all federal/state/local employment laws & regulations. Analyzed EE relations issues; investigated EE complaints; consulted with legal and Senior Management as needed to make timely recommendations for appropriate management action and provided follow through to ensure closure.

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CLIENT LIST & RELEVANT EXPERIENCE
Inter-Con supports a wide variety of government and commercial clients throughout Southern California and beyond. Our company has over 49 years of security experience with over 26 years of experience providing Parking Enforcement Services for both on-street and off-street parking conditions for cities in the greater Los Angeles area to include the Cities of Alhambra, Arcadia, Azusa, Colton, Covina, Glendora, La Verne, Montebello, Pasadena, San Gabriel, and Sierra Madre. Please refer to Table 1, below. As veterans in the security industry, we are capable of supporting the City of Glendora's Parking Enforcement program and are intimately familiar with all relevant parking engineering standards, specifications, policies, practices, and processes.

Throughout our years of service, Inter-Con has generated tens of millions of revenue for local clients, which, combined with our innovative cost savings and value-creation techniques, has helped municipalities realize net increases in revenue.

Table 1 – Summary of Inter-Con’s Parking Enforcement Services Experience Client Dates of Service Annual Hours of Service
Alhambra Since 1996 15,080
Arcadia Since 2007 6,656
Azusa Since 2018 3,952
Colton Since 2022 6,240
Covina Since 2008 6,240
Glendora Since 2008 6,656
La Verne Since 2007 7,696
Montebello Since 2022 5,200
Pasadena Since 2002 15,704
San Gabriel Since 2005 6,552
Sierra Madre Since 2021 1,300
Inter-Con remains the ideal security partner for the City of Glendora. For the past 49 years we have earned our reputation as the premier provider of customized, integrated, and innovative security solutions, tailoring each program to our client’s unique needs and preferences. Inter-Con’s density of parking enforcement and security operations in the greater Los Angeles area, as well as its intimate knowledge of each City’s unique ordinances, positions us as the best partner for the City. When considered as a single umbrella operation, our local Parking Enforcement contracts, which entail over 80,000 annual service hours, require a degree of operational sophistication and capabilities that exceed those listed by the City or any other, individual parking enforcement contract. Inter-Con is thus clearly capable of effectively and efficiently supporting the City’s parking enforcement program.

Included below are experience descriptions for several of our current Parking Enforcement Programs that accurately reflect the quality of Inter-Con’s service offerings and our commitment to clients who share similar security and customer service requirements to the City of Glendora. These clients all demand high‐quality service and trust Inter‐Con to ensure the safety and security of their people, property, and guests. Their experiences, as well our 99% client retention rate, testify to Inter‐Con’s standard of excellence.

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CITY OF ALHAMBRA
Since 1996, Inter-Con has served as the City of Alhambra’s Parking Enforcement partner. We are proud of the long-standing partnership we have forged with the City and support their contract by providing all required security personnel, account management, and supervision. In addition, Inter-Con provides the City with all training materials and administrative support necessary for the Parking Enforcement contract.

Supported by more than 11 Officers, Inter-Con averages 15,080 hours of support annually.

CITY OF PASADENA
Inter-Con has proudly served as the City of Pasadena’s Parking Enforcement partner for two decades. InterCon provides 100% of all required personnel, management, supervision, training, equipment, and administrative support for this contract. While Inter-Con's Parking Enforcement operations run City-wide, much of what we do for the City centers around Colorado Blvd. and the Rose Parade route, providing us and our personnel with an unmatched knowledge of the local operating environment and community. Additionally, our work on this contract often includes supporting the City’s special events through parking enforcement and enhancing public safety in coordination with the Pasadena Police. Inter-Con’s team of Security Officers actively support this contract and provide nearly 16,000 service hours annually. Throughout the entirety of this project’s lifecycle, we have maintained full adherence to its schedule and budget. Inter-Con has never experienced an issue adhering to the schedule or budget for the City of Pasadena Parking Enforcement contract.

Our tenure as the City’s trusted Parking Enforcement partner has also resulted in the creation of long-standing, constructive relationships with City authorities and agencies responsible for the Rose Parade, such as the Pasadena Police Department and Department of Transportation. In an endeavor as complex as the Rose Parade, the City requires a trusted partner who can communicate effectively and execute complex staffing, training, and operational tasks efficiently. As our performance on this contract demonstrates, only Inter-Con has the experience, expertise, and relationships to do this.

CITY OF AZUSA
Inter-Con has been providing Parking Enforcement services to the City of Azusa since 2018, providing nearly 4,000 service hours annually. Our Parking Enforcement Officers serve as ambassadors for the City and individually average more than 10,000 citations per year with an error rate below 1%. Upon changing providers, the City of Azusa saw a significant increase in revenues as Inter-Con introduced new and innovative improvements to their parking enforcement program and its management.

CITY OF SAN GABRIEL
Proudly serving as the City of San Gabriel’s Parking Enforcement partner since 2005, Inter-Con provides all required personnel, management, supervision, training, equipment, and administrative support to meet all operational requirements for this contract. Our operations are supported by 5 Parking Enforcement Officers who average roughly 500 citations weekly. Annually, Inter-Con’s Officers provide over 6,500 hours of service enforcing the City of San Gabriel’s ordinances.

CITY OF COVINA
Inter-Con has proudly served as the City’s parking enforcement partner since 2008, providing all required personnel, management, supervision, training, equipment, and administrative support to perform Parking Enforcement services for the City of Covina. The contract is supported by four Parking Enforcement Officers who average about 80 citations weekly, and our Officers provide on average 6,656 hours of support annually.

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CITY OF ARCADIA
Inter-Con has supported the City of Arcadia with official Parking Enforcement Services since 2007, with our contract being renewed nine times. Our Parking Enforcement Officers, providing 6,656 service hours annually, individually average more than 12,000 citations per year with an error rate of less than 1%, testifying to their effectiveness. Despite our long tenure and consistent success with this program, we are continually improving our program and, prior to the pandemic, increasing our ticket counts each month. We are committed to supporting value creation and strive to find opportunities for continuous improvement for the program.

ADDITIONAL CAPABILITIES
Inter-Con is an integrated security solutions provider committed to designing and delivering service bundles that are 100% tailored to our client’s operational, security, and budgetary requirements. Unlike our competitors, we are solely focused on ensuring optimal outcomes. We are not concerned with the potential cannibalization or downsizing of our overall security force by complementary solutions when they are incorporated into our security offering and yield more value to our clients.

We provide a full suite of premium security services to augment the security posture of our clients around the world. The below offerings are 100% available and can be easily incorporated into the City’s Services Agreement/Scope of Work (SOW) as regular or on-demand solutions. • Armed Security Guard Services
• CCTV and Alarm System Monitoring
• Emergency Response
• Explosive Detection Canine Teams
• Off-Site Special Events
• Access/Exit Control
• X-Ray and Magnetometer Screening
• Visitor/Vehicle Screening
• Roving Patrols
• Active Shooter/Threat Training
• Robots – Autonomous Deterrence, Detection,
and Reporting
• Drone And Anti-Drone Airspace Detection,
Tracking, Surveillance
• Tactical Operations Center – Design, Staffing,
and Management
• Threat Research/Analysis
• Contingency Plans
• Intelligence and Investigations
• COVID-19 Screening
• Executive Protection
• Special Event Security
• Construction Security
• Secure Logistics
• Advanced Screening
• Data Analytics and Application Development
• Security Assessments
• Security Consulting

CLIENT REFERENCE CONTACT INFORMATION
Due to our clients’ reference policies and preferences, we would be happy to share our client’s contact information during your final evaluation stage. Should the City intend to contact our listed client references at that time, we kindly request that the City first notify our contact person, Mr. Neil Martau, to ensure the availability of required stakeholders and compliance with our clients’ reference policies. We value our clients’ policies and preferences and extend the same courtesy to the City of Glendora, as currently demonstrated, and would continue to do so if re-awarded this contract.

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Project/Design Approach

ALIGNMENT OF VISION, MISSION & VALUES
The mission of the Glendora Police Department “to provide its citizens and business community effective municipal services while maintaining our historical sense of community values” succinctly captures how vital the organization and its employees are to the City of Glendora and its ~52,000 residents. The Department’s Vision and Mission reflect principles that Inter-Con has embraced and achieved for almost 5 decades, per Table 2 below. Understanding the Department’s institutional standards has enabled Inter-Con to prepare comprehensive parking enforcement solutions for over 14 years, while simultaneously addressing the RFP requirements, at a minimum.

Table 2 – Alignment of Mission, Vision and Values

City of Glendora Inter-Con Security
Vision Glendora will be an inclusive,
charming and vibrant
community.

To be the provider of choice to select Clients whose threat profiles demand a more sophisticated security service that other providers are unable to offer.

Mission To provide its citizens and
business community effective
municipal services while
maintaining our historical sense
of community values.

To provide best-in-class custom security services to clients who see security as essential to their mission. We act with the highest integrity and respect, and we are passionate about safety, security, innovation, and service excellence. Our people are our greatest asset.

Values Integrity & Trust: We treat our client’s people and assets as if they were our own, ensuring they feel Prized & Protected, Not Policed.

Empowerment: We cultivate a diversity of perspectives to ensure everyone has a voice and provide high-quality training, resources, and management to position our employees for success.

Simplicity: We strive for simpler solutions to better secure our clients and deliver enhanced value, rather than complex solutions that invite unnecessary risk.

Commitment & Stability: We are 100% dedicated to our clients’ missions over the long-term, prioritizing our ongoing partnerships, rather than short-term profits.

Transparency & Collaboration: We provide real-time
performance visibility across our contracts to maintain proactive account management and partnership with our Clients.

Innovation: We treat every contract as an opportunity to improve our services and innovate with our clients.

Responsiveness: We actively listen to our Clients, as well as the market, and react with great speed.

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Inter-Con has read and understands the City’s Scope of Work (SOW) and its need for unarmed Parking Enforcement Officer services within the City’s service area. As the incumbent and exclusive provider of parking enforcement services since 2008, Inter-Con is uniquely positioned to continue to offer the City a full suite of resources on a 24/7 basis throughout the lifetime of this contract, both timely and within budget. The details of these offerings are provided below, in Table 3.

Table 3 - Exclusive Benefits
Description Benefit
Global Security
Operations Center
(GSOC)
24/7/365 Monitoring and customer service support; communication triage; emergency management and issue escalation.

Contract Administration
Resources
Assists with all contractual requests, modifications, and concerns. Our team will also help coordinate last-minute service requests.

Training Academy Offers a student-centered training method to keep our personnel informed and invested in their jobs and responsibilities.

Technology Solutions
As a technology innovator, Inter-Con excels at adapting innovative technologies to our client’s individual needs to provide extra value. For the City, we will implement our solutions to improve efficiency while potentially saving costs, as applicable.

Inter-Con is a pioneer in the security industry, having implemented numerous programs that have changed the industry—from providing the first contract security to the Department of State abroad to introducing the use of GPS and cellular technology to track mobile assets. Our innovations include Virtual Post Inspections, realtime location tracking, and Geo-Fencing. Our technological initiatives and innovations are tailored for each client’s unique needs by our best-in-class Data Analytics and Custom Applications Team.

For the City of Glendora, Inter-Con will utilize industry-leading technological solutions and business processes in an attempt to reduce costs and increase quality, as applicable. To do this, we will confirm compliance and re-align with any new contractual requirements, as well as identify any deficiencies or areas of improvement.

This three-phased process begins during the program implementation period with an end-to-end value cost assessment to identify areas to optimize, focusing on the needs of City instead of working from a “one-sizefits-all” model. Our subject matter experts in security and technology will work with the City to create an open dialogue to ensure the design and test phases work continuously with the program delivery phase to constantly respond to feedback and highlight opportunities for improvement. Results of all recommended program enhancements focusing on increasing security, customer service quality, and reductions in costs will be shared with the City.

PROJECT METHODOLOGY AND WORK PLAN
Inter-Con's Project Methodology was developed in direct response to the City RFP and is based-off of our experience supporting the City of Glendora for the past 14+ years, as well as clients with similar needs. To ensure attainment of our strategic goals, we plan on executing our plan in three phases that align to the project lifecycle:
 Project Initiation (Phase 1) – Includes Program Implementation, review of any new contractual requirements and the Recruiting and Screening of security personnel, as needed.

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 Project Execution (Phase 2) – Includes review of the current Staffing Plan, the Training and Development of the City’s security force, and procurement of any new Uniforms and Equipment, necessary to execute the SOW.
 Project Maintenance (Phase 3) – Encompasses the Total Quality Management of the City’s program, including review of Employee Retention and Recognition initiatives, as applicable.

PHASE 1: PROJECT INITIATION

PROGRAM IMPLEMENTATION
Inter-Con has successfully conducted hundreds of contract implementations. We understand the critical and sensitive nature of implementations within a client-facing environment like the City and are committed to full implementation and re-alignment within 30 days.

IMPLEMENTATION TIMELINE
The City-specific Implementation Plan will be put into action immediately upon contract award. Members of Inter-Con’s executive leadership team and the City assigned Account Manager (AM) will meet with City to discuss the process and address any concerns. Our Account Management Team will be intimately involved in the process, personally visiting the City facilities and ensuring a smooth transition under the new contract.

Table 4 - 30 Day Implementation / Contractual Re-Alignment Plan ID Tasks Duration
30 Day Implementation
10 20 30
1 Activate Implementation Team 1 Day
2 Notify & Activate Key Personnel 1 Day
3 Hold Post-Award Conference 1 Day
4 Conduct Initial Implementation Team
Meeting
1 Day
5 Submit Licenses, Permits and Insurance 2 Days
6 Submit Job Descriptions & Recruiting Profiles 10 Days 9 Recruit & Screen New Applicants (as
applicable) 30 Days
10 Submit Approved Application Packages &
Hire Any Newly Required Personnel 10 Days
11 Acquire All Newly Required Equipment &
Software 20 Days
12 Hold Weekly Meetings 30 Days
13 Review and Refine Operational Processes 15 Days
14 Review Potential Security Threats / Concerns
for Assigned Locations | Review Desired
Posts, Procedures, Deliverables, Data &
Regulations
10 Days
15 Submit Final QC & Contingency Plans 15 Days
16 Secure Approval for Training Programs 10 Days
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ID Tasks Duration
30 Day Implementation
10 20 30
18 Conduct On-boarding Training for New
Personnel 30 Days
19 Inventory City-Furnished Property 10 Days
20 Inventory Inter-Con Furnished Property 10 Days
21 Implement all Software Tools/Updates 20 Days
22 Issue All Newly Required Uniforms &
Equipment 30 Days
23 Hold Final Implementation Meetings for
Renewal 5 Days
24 Commence Operations in Accordance to
Renewal 2 Days
25 Monitor & Review Implementation Activities 30 Days

CITY OF GLENDORA - KEY ASSUMPTIONS
Inter-Con’s key assumptions for a successful implementation and re-alignment of the City’s Parking Enforcement Program, as well as completion of services, includes:
 Clear and concise post orders and assigned duties required from Parking Enforcement personnel.  Appropriate training/orientation and equipment to be provided by the City of Glendora PD.  Timely communication of any issues or concerns the City’s personnel or the Glendora PD may have.  Timely communication of policies and procedures adopted by the City.  Continued partnership to make the City of Glendora a safe and pleasant environment for all personnel and citizens.

RECRUITING & SCREENING
To ensure full compliance with any new contract requirements pertaining to the qualifications of our security personnel, Inter-Con’s recruiting and screening experts will utilize a “Requirement Checklist” to identify, recruit, and/or evaluate candidates. Inter-Con will retain all incumbent personnel, with the City’s approval, and hire any newly required personnel who possess the right qualifications for the City’s effort and exhibit a professional appearance and demeanor. We have added and expanded upon the City’s baseline requirements to create a comprehensive Security Officer Requirement Checklist.

Table 5 – Minimum Requirements for Parking Enforcement Security Personnel Minimum Requirements for Parking Enforcement Security Personnel Baseline
Requirements
 Be at least 18 years of age
 Be a U.S. citizen or legally authorized to work in the U.S.  Must possess a valid State of California issued unarmed Security Officer identification card and carry it at all times while on duty  Must have a valid California Driver’s License (class “C”) on their person at all times while on duty
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Minimum Requirements for Parking Enforcement Security Personnel  Each contract Security Officer must possess a high-school diploma or equivalent  Successfully pass pre-employment drug screening
 Successfully pass a comprehensive medical examination to determine physical fitness to perform assigned duties
 Successfully pass criminal and background check including inquiry of all previous employers during past five years, driving record history, local, California State, Federal criminal history, and military discharge records (if applicable)  Obtain fingerprint clearance with the Department of Justice (D.O.J.) and National Crime Information Center (N.C.I.C.)
 Successfully pass a D.O.J. California Law Enforcement Telecommunications System (CLETS) test
Security
Requirements
 No criminal violations
 Unprofessionalism is not allowed and grounds for removal from consideration  Present satisfactory references and employment history Soft Skills
 Have the necessary public relations skills to interact with the public and City personnel in a courteous, businesslike manner (to establish and maintain effective working relationships)
 Understand written and oral rules and regulations and apply them in a tactful and non-confrontational manner
 Be able to understand and maintain confidentiality of information Office Skills  Have basic knowledge of word processing, spreadsheet programs, data entry for report completion
Language
Proficiency
 Must demonstrate ability to read, understand, and apply rules, detailed orders, instructions, and training materials in the English language  Retain the ability to construct and write clear, concise, accurate and detailed reports, as well as communicate effectively, clearly, and concisely in English  Have the ability to speak a second language (ie. Spanish) which is highly desirable (not required)
Stress
Management
 An ability to maintain poise and self-control under stress (including any confrontational or emergency situations)
Health & Physical
Fitness
Be in good general health and capable of the following:
 Standing or walking for extended periods of time; up to eight-hours  Maneuver stairs and other physically demanding terrain at the site as regular duties  Lift boxes weighing up to 20 lbs.
 Possess long distance vision (use of glasses/contacts is permitted)  Hear ordinary conversation (hearing aids are suitable)  Have no medical condition which limits the effective performance of their assigned duties. Temporary incapacitation due to illness, disease, or recent medical operation is permitted
 No medical history or medical diagnosis of habitual alcoholism or drug addiction.

If such a condition existed, medical evidence of recovery and ability to perform duties is required prior to assignment
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Inter-Con’s sourcing and selection processes, with our world-class training facilitated by our Training Academy, ensure that the highest degrees of service standards are continuously maintained for the City of Glendora.

Based on our exclusive partnership with the City and first-hand experience in similar security programs, we understand that a primary focus must be placed on sourcing and selecting the right people for the City, as currently demonstrated through our long-standing relationship. As such, Inter-Con’s intent would be to retain the current long-standing Officers that have successfully served the City of Glendora, with the City’s approval.

For any newly required personnel throughout the term of the contract, our selection standards ensure that Security Officer candidates are physically fit, professional, and exhibit the characteristics of a highly-trained and prepared security professional in a parking enforcement environment. Inter-Con ensures that our exhaustive recruitment process helps identify the best people for the job and are superbly trained, influenced, and guided by our company values. Inter-Con’s focus on people starts at the very top, is passed down to our alwaysaccessible Senior Management, through our expert Account Managers and Supervisors, all the way to the Security Officers on the job.

EVALUATION PROCESS
Inter-Con has invested heavily in developing best-in-class recruiting processes and infrastructure to ensure effective and efficient talent identification, attraction, and evaluation. Once implemented, as currently demonstrated, our recruiting and screening methodology provides:

1. A long-term, dependable Parking Enforcement Officer team with limited turnover;

2. Rapid personnel replacement capabilities; and

3. A large pool of qualified, trained, experienced Parking Enforcement Officers prepared to accommodate any temporary or surge force needs.

To meet the City’s requirements, our recruiting team will continue to refine Inter-Con’s onboarding program to encompass the City of Glendora’s security requirements and culture. Recruiting and Officer selection, for any newly required or replacement personnel, will be City-specific and focused on attracting candidates who meet the City’s security needs as described below.
 Knowledge of specific job and job-related topics
 Experience
 Communication ability; specifically, command of the English language (required); command of a second language – Spanish (preferred)
 Interest in the position and the Inter-Con organization  Overall motivation to succeed
 Appearance and habits
 Poise, insight, and alertness
 Interpersonal skills
 Ability to deal with the public
 Incentivizing retention
As currently demonstrated, Inter-Con’s recruiting and retention initiatives have attracted dedicated and engaged security professionals, the majority of whom have been with the City of Glendora for over 10 years.

PHASE 2: PROJECT EXECUTION

STAFFING PLAN
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Our staffing plan strives to find a balance between ensuring the availability of an adequate number of qualified and trained personnel to fulfill the City’s staffing needs without having excess personnel that incur training, uniform, and personal equipment costs. We have analyzed the staffing requirements for the City and developed daily and weekly models designed to continuously track staffing levels. As currently demonstrated, our models are designed to balance operational efficiencies and provide a stable workforce of knowledgeable, skilled, and local Security Officers.

Inter-Con has developed a staffing matrix that reflects our expert knowledge of the necessary Officer, Supervisor, and Manager levels to meet existing- and future-contract requirements. As a general principle, InterCon expects to maintain a force comprised of 75% full-time and 25% part-time employees for the City. Our experience with both the City of Glendora and with contracts in similar, highly-regulated and complex environments has validated this ratio as ideal for maintaining coverage through vacation and emergency leaves, training, military obligations, and illness. Our staffing matrix has been summarized below, in Table 6.

Table 6 – City of Glendora Staffing Plan / Matrix
City of Glendora Staffing Plan
Position Full-Time
Personnel
Part-Time
Personnel Total Personnel
Senior Parking Enforcement Officer 1 0 1
Parking Enforcement Officer 2 1 3
Totals 3 1 4

LINES OF AUTHORITY
Inter-Con will utilize the Critical Incident Notification Guide, as further detailed in Table 7, to ensure seamless and prompt communication between all levels of the City of Glendora’s security program. A final version of the escalation matrix will be agreed upon during the Implementation Phase of the renewal contract, if awarded, and all assigned personnel will be trained on it as part of their initial and Job-Specific training.

GLOBAL SECURITY OPERATIONS CENTER SUPPORT
Inter-Con’s GSOC, located in Pasadena, CA, will provide immediate support 24/7 and serve as a failover site in the case of emergency – providing the City with an increased degree of oversight and operational support.

Our GSOC, as currently demonstrated, will also coordinate the staffing for any surge or emergency services requested by the City.

Table 7 – Critical Incident Notification Guide
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ESTABLISHING AND MAINTAINING WORK SCHEDULES
Inter-Con’s proprietary Resource Management System (RMS) will provide our AM real-time management of all post assignments, ensuring 100% coverage. Our RMS uses advanced asset tracking models and comprehensive datasets to accurately forecast seasonal deployments and emergency response demands. This approach ensures contract compliance while simultaneously delivering highly trained, properly uniformed, and equipped Officers at the lowest cost. Inter-Con recently invested further in a new Data Analytics Team to augment our data tracking, gathering, and usage analysis capabilities to better streamline processes and further reduce costs. This investment will enhance our staffing efforts for the City of Glendora, as applicable.

Inter-Con supports our clients with scheduling systems that ensure continual coverage and prevent dark posts.

We enter all posts into our RMS to begin the scheduling process and schedule all posts three weeks in advance.

To avoid any double-staffing or overworking issues, the RMS scheduling program is equipped with name recognition systems that prohibit scheduling Security Officers who have worked more than 12 hours in a 24- hour period. This mechanism ensures that each Security Officer receives an off-duty rest period of no fewer than eight hours between shifts. It can also be tailored to incorporate any contract-specific requirements regarding rest periods.

As Security Officers are assigned to posts, the system tracks the assigned hours of coverage and times, as well as all payroll and invoicing items. Our state-of-the-art Global Security Operations Center (GSOC) provides Item #15. Page 69
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oversight over this process 24/7, transmitting notifications in real-time, either by email or phone. The GSOC maintains constant communication between Inter-Con’s Managers, Supervisors, and Security Officers. In addition, our City-aligned Post Orders will provide a comprehensive notification plan that lists primary and secondary telephone numbers, email contacts, and social media contact links, if necessary. Inter-Con will provide the City with daily and monthly reports of personnel who have worked on the project, including hours and shifts manned, in accordance to contractual requirements.

TRAINING
Inter-Con will provide its Security Officers with customized training specific to each post, in conjunction with training provided by a Glendora Police Department Officer, as applicable. We know that our reputation depends on our success in continuously engaging our personnel with premium training content. As currently demonstrated, Inter-Con’s approach to in-person and online training provides ample opportunity for our Security Officers to improve their skills and capabilities before and during their service to the City. This includes pre-hire and refresher training to make sure our employees are comfortable and capable in their operating environment.

Inter-Con’s world-class West Coast Training Academy located at our Global Headquarters in Pasadena, California will be leveraged to fully support our training efforts, as required. Our Training Academy utilizes a student-centric training method and real-life exercises that are fully-tailored to the specific requirements of this contract, ensuring all personnel assigned to this contract are well-informed and invested in their jobs and responsibilities.

Having meaningful and frequent engagements with our workforce lets us to enhance the training experience for our security personnel. This is primarily done by providing every employee with easy access to our online Learning Management System (LMS). The LMS portal facilitates a more efficient and effective test-taking and administrating process and can store all certifications.

TRAINING METHODOLOGY
Inter-Con creates training content specifically designed to teach and reinforce City-specific issues; invites the customer to review and refine the course modules, if desired; and tracks course performance to improve Security Officer results. Fundamentally, Inter- Con’s approach to training embraces the following:
 Train Specific Tasks: Our instruction is focused on training and testing skill proficiency through repeated, practical drilling – not just delivering content through a classroom setting. Our students must perform at high levels to become Officers who will staff the posts at City, as currently demonstrated.  Train to an Established Standard: We recognize how enforcing high standards assists management personnel in identifying and correcting training deficiencies. This deeper scrutiny provides the City with a more accurate assessment of the capabilities and quality of our Officers. Therefore, we developed an objectively measurable performance standard to ensure each lesson is properly understood. In doing so, each Officer will have an exact understanding of what must be achieved by the end of each training period.  Train Realism: Our rigorous training program integrates realistic conditions in our courses by requiring our Officers to perform tasks under varying, sometimes hostile conditions. This training method allows us to instruct our Officers both as individuals and as team members in conditions modeled after the City’s environment. This repeated, realistic drilling ensures that our lessons are reinforced with our Officer’s resultant success in the field.
 Dedicated Trainers: We maintain a full-time staff of 30 highly-qualified trainers in the United States— 120 worldwide—to support our contracts. The City will receive full support from our West Coast Training Item #15. Page 70
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Academy, based in Pasadena, California. The training team will support the Account Manager in developing, executing, and tracking the performance of all Inter-Con training modules, as required.  Oversight: The City’s instructional staff will be carefully monitored by our Account Management Team to make sure the training provided is client-focused and effective, yielding positive results.

Training provided by a Glendora Police Department Officer will be incorporated, as applicable.
 Training Updates: Inter-Con will assess and implement updates to our training curriculum on both a regular and an as-needed basis, including to address any deficiencies in work performance. Per our standard protocol, all curricula will be reviewed and updated on an annual basis as part of a formal audit process conducted by our Training and Account Management Teams. We ensure our ability to quickly administer key updates in response to new industry, federal, state, and local regulations as well as the needs of our client.

If the City’s security needs evolve, we will be able to immediately deliver.
 Train Customer Service: Inter-Con security personnel receive dedicated training on customer service-related areas such as professional behavior, cultural and diversity awareness, sensitivity training, and public relations. Access control is a fundamental function of the Security Officer and Inter-Con prides itself in its ability to consistently deliver premium customer service at some of the most highly protected facilities around the world. As both the front line of defense and the first people many of the City’s patrons encounter, Inter-Con Security Officers will remain helpful while ever mindful and vigilant of both real and potential threats.

TRAINING TOPICS
Inter-Con will tailor our training curriculum according to the City’s needs, ensuring it reflects realistic scenarios and specific contract requirements, in conjunction with training provided by a Glendora PD Officer. Whether it is conducting comprehensive pre-assignment training or providing tailored skills courses and on-the-job training, we embrace a student-centered training method to keep our personnel invested in their jobs and responsibilities. Beyond these training modules, Inter-Con will provide additional opportunities for personnel to enhance their skills and capabilities by using our online LMS, which facilitates a more efficient and effective test-taking process, storing all training certifications and deliverables for the City’s review.

TRAINING CURRICULUM
Pre-Assignment Training
Inter-Con will ensure each Officer receives training specific to the City contract. All Parking Enforcement Officers will receive 24-hours of pre-assignment training, to include topics such as those detailed in Table 8 below. We will train Officers in their specific duties and each piece of equipment carried or used, in conjunction with Glendora PD Supervisors, as applicable, and will evaluate the performance of each Officer to certify their suitability for the assignment and comprehension of training materials prior to any regular scheduled work.

Table 8 - Inter-Con’s Pre-Assignment Training
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Pre-Assignment Training
Training Topic Delivery Method
New Hire Orientation (Policy, Procedure, PR, and Appearance) Online Learning Management System (LMS)
Duties & Responsibilities on Post (to include Parking Enforcement Statutes, Ordinances, Regulations, Resolutions enacted by the State of California and the City, Policies and Procedures adopted by the City, etc.) Instructor Led
(In conjunction with training by a
Glendora PD Officer)
Customer Service & Sensitivity Instructor Led / Online LMS Emergency Procedures (Bombs, Terrorism, Fire Safety and Evacuation, Active Shooters, Natural Disaster Procedures, and Medical Emergencies) Instructor Led
Communications Systems (Radio and Telephone use and etiquette) Instructor Led Inter-Con’s Chain of Command Instructor Led
Ticketing Procedures Instructor Led
Observation and Incident Reporting Instructor Led
Workplace Violence / Harassment (sexual, bullying, etc.) / Discrimination Instructor Led / Online LMS Crime Prevention Strategies Instructor Led / Online LMS Conflict Resolution Awareness/ Dealing with Homeless and Mentally Ill Individuals
Instructor Led / Online LMS
Use of Force in Defense of Person Instructor Led / Online LMS Supervisory Training Instructor Led / Online LMS
Annual Training
Inter-Con ensures that all our Officers stay up to date with necessary knowledge, requirements, ideas, programs, devices, and certifications associated with working security for the City. Our annual training regimen will include 16-hours of refresher training, covering these industry updates and the subjects covered in New Hire Training. Every City Officer will be required to complete this course to continue the contract.

UNIFORMS & EQUIPMENT
Inter-Con understands that our Parking Enforcement Officers are highly visible within the City and are ultimately brand ambassadors for both the City of Glendora, as well as Inter-Con. As currently demonstrated, Inter-Con personnel will have a welcoming demeanor and be properly and professionally attired to serve the City. Uniforms will clearly identify the Security Officers as well as be neat and clean in appearance. As the current provider and per the solicitation requirements, Inter-Con will provide the following uniform and equipment items for the City’s Parking Enforcement Officers:

Table 9 – Uniforms provided by Inter-Con
Uniforms Provided by Inter-Con:

Winter: Light Blue Shirt*
Dark Blue Trousers
Black Leather Boots / Shoes
Summer: Light Blue Polo*
Dark Blue Shorts
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White Tennis Shoes (Officers to wear white socks)
Accessories: Black Leather Belt
Silver Name Plate (F. Initial / L. Name)
Inter-Con ID Badge (approved by Glendora PD)
* “Glendora Parking Enforcement” on front and back of shirt.

Table 10 – Equipment provided by Inter-Con vs. the City of Glendora Equipment Provided by Inter-Con vs. the City of Glendora:

Provided by Inter-Con, as applicable: Provided by the City of Glendora:
 Subcompact Clearly Marked Vehicles (min. of 2)  Hand-held radios (for communication with PD and Dispatch Center)
 Smartphone/Mobile Devices*  Parking citations and warning notices  Radios*  Glendora PD Parking Traffic Enforcement
training manual
 Kiosks*  City of Glendora street maps
*As requested, per the Pricing Narrative and associated costs.
 Traffic chalk and chalk sticks for tire marking
 Training and orientation for parking
enforcement in City of Glendora

DATA-DRIVEN PERFORMANCE MONITORING
The high levels of transparency facilitated by Inter-Con’s effective utilization of data visualization and analytics allows our dedicated Account Management Team to “manage by measuring.” For the City of Glendora, InterCon will systematically collect metric-based data related to contract performance to improve the effectiveness and efficiency of security operations, as applicable.

KPI DASHBOARDS
The data the Inter-Con collects for the City will include, but not be limited to, attendance, promptness, guard tour completions, appearance, turnover, safety incidents, record keeping, and audits. These critical activities will be tracked as Key Performance Indicators (KPIs) and made accessible to both our Account Management Team and approved by City stakeholders through our secure, online client portal. While this realtime data can be accessed on-demand, City stakeholders can receive KPI Reports on a daily, weekly, and monthly basis to facilitate more timely continuous improvement efforts between our two teams. Of course, this same data will also be compiled and analyzed for our Weekly, Monthly, and Quarterly Business Reviews (QBRs).

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AI-POWERED SCHEDULING
Inter-Con utilizes predictive analytics to better understand historical trends, and, through the process of machine learning, understand where and how much of our services will be required in the future. This information is also utilized to prevent call-offs for all Posts and adjust management techniques to better incentivize employees and reduce attrition. Additionally, our data analytics platform gives the City access to all types of information regarding the security services we are providing—including invoicing data, turnover rates, and our post staffing success rates.

We understand that the volume of assigned Security Officers may vary based on location needs and that it is impossible to forecast future needs with 100% accuracy. However, we can more quickly shift resources to meet demands by leveraging stand-by tracking rosters and scheduling systems, which are augmented by artificial intelligence, to better assess Officer availability and to match them with the right service locations. In addition, our Supervisors will work with our WCC to maintain constant awareness of Security Officer availability. This innovative approach will reduce the time needed to match and deploy the right Officer to any site within 4 hours’ notice.

IC MOBILE APP
Inter-Con’s proprietary Mobile Application ("IC App") provides our personnel with an industry-leading suite of intuitive features such as: electronic check-in and check-out, video post inspections, incident reporting, fail-safe communications, and guard touring. These technologies all interface seamlessly into Inter-Con’s Salesforce-powered Resource Management System (RMS), ensuring that Inter-Con's Account Management Team reliably collects salient data from our personnel in the field in their efforts to make more informed tactical and strategic decisions for the City’s security program.

Our IC App enhances continuity in management's capabilities as well as operational service quality by leveraging nationwide data connections and voice services as well as back-up phone and radio capabilities during potential system failures. Inter-Con’s smartphone technology is fully redundant, meaning that users can utilize either the radio or cellular service at any time, and can rely on radio when out of cellular coverage. Additionally, through the digitized versions of contract KPIs, training curriculum, licenses & certifications, and other core deliverables can be easily accessed through our App. This ensures that we provide a higher degree of standardization across all Posts, while also accounting for post-specific requirements and preferences. Additional IC Mobile application features include:
 Mobile Electronic Check-In and Check-Out: Biometric time and attendance software permits Officers to clock-in and out through a mobile application at the work site. Our technology platform will allow access to the Officer’s schedule as well as their Post location and records compensable time. By exploiting artificial intelligence, we can understand travel time and other external influences to optimize the match of the right Officer to the right location.
 Digital Incident Reporting: Our new incident reporting solution (shown in Figure 3) prompts Officers to provide critical information, allows photo capture, is Geo Fence compatible, syncs to custom dashboards, permits electronic sign-off by remote Supervisors, and is digitally stored along with all supporting files. Incident reports can be accessed by IC and City personnel with designated privileges.

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Figure 3 - Sample Digital Incident Report
 Guard Tour System: Inter-Con's standalone solution operates on both iOS and Android platforms, provides real-time monitoring and data extraction of the completed tour based on site surveys, analysis, and operates securely within any client site. With this solution, Inter-Con can create and upload new tour parameters to facilitate real-time monitoring and data extraction, which enhances patrol capabilities and operational transparency to the City. Depending on the City's preference, Inter-Con can also leverage any combination of GPS, Beacons, RFID, NFC, and QR codes to record an Officer’s location against patrol checkpoints and to facilitate other work-related activities like shift tracking, task lists, and issuing reports. Our reports feature live maps demarcating Security Officer post locations, shifts completed, patrol summaries, exceptions, tasks completed, and issues submitted/resolved. The Account Management Team and City personnel can easily access the system at any time to conduct audits and run reports.
 Virtual Post Inspections and Wellness Checks: Management, Supervisory, WCC, and People & Culture personnel can now make impromptu as well as scheduled video calls to security professional in the field to 1) confirm their health and safety, 2) and ensure compliance with Post Orders. This additional layer of Quality Control has proven to be a powerful measure which has enhanced an already highly effective security program. Especially during the COVID-19 Pandemic, we have seen a measurable, positive effect on improving compliance with Post Orders, customer service, as well as moral with our Clients.
 Online Learning Management System (LMS): To help scale our comprehensive training program, Inter-Con gives all City-assigned personnel direct access to training modules through their mobile devices, allowing them to review content at times and places of their convenience. The LMS also facilitates secure testing and exams as well as stores students’ training results, certifications, and reference material. When an Officer completes training, the system is automatically updated which allows our City Schedulers to accurately view the number of employees with required training and certifications for any given post at any time. Finally, the LMS provides Schedulers with automatic alerts when Officers require new trainings.

Inter-Con’s LMS drives greater compliance with contract SLAs by ensuring that our training recordkeeping is accurate and that our Schedulers provide an appropriate match between posts and Officers; only properly credentialed Officers are ever scheduled. It also enhances the effectiveness of our Security Force by making all training material more easily accessible. As adult learners, our personnel not only must engage in continuous On-the-Job Training, but they must also have ready access to all relevant materials for quick reference.

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PHASE 3: PROJECT MAINTENANCE
Inter-Con emphasizes a hands-on approach to program management, both administratively and operationally.

Our proposed Account Manager for the City’s contract, Ms. Mariana Alvarez, would continue to ensure strategic alignment between both the City and Inter-Con throughout the lifetime of the contract, as she has done for the past two years, managing a team of Parking Enforcement Officers who have been with the City for over 10+ years. Ms. Alvarez is experienced at managing multiple project tasks simultaneously and will continue to ensure the highest level of oversight, support, and efficient completion of concurrent tasks/projects. As an experienced Parking Enforcement and security services provider, prioritizing multiple tasks/projects and ensuring timely completion has led to our success as a provider. Inter-Con and our account leadership possess decades of experience managing contracts that encompass multiple sites with varied duties and will continue to implement valuable insights gained through this experience for the City’s contract.

TOTAL QUALITY MANAGEMENT
Inter-Con is responsible for the overall Quality Assurance of Standard and Temporary Additional Services (TAS). Our plan addresses many key points through training, administrative, and management controls; regular internal audits; daily communication with the City; active supervision; unannounced inspections by experienced Managers and Supervisors; and reviews of all relevant skill proficiencies, such as access control, alarm monitoring, issue escalation, and customer service. The unbiased measurement and tracking of KPIs is also critical to our Quality Control Plan (QCP).

As currently demonstrated, Inter-Con is focused on providing a Total Quality Management (TQM) approach to managing our relationship with the City of Glendora: one that emphasizes a continuous series of analyses and improvements, resulting in unparalleled quality assurances. In fact, we have invested heavily in a best-inclass Data Analytics Team to further enhance our performance. Our AM will continue to lead that effort and work with the City to re-define and meet mutually agreed-upon performance metrics to ensure full compliance with all requirements listed in the Services Agreement/SOW.

We systematically collect metric-based data necessary to consistently improve the effectiveness and efficiency of security operations, measuring such indicators as attendance, promptness, appearance, and record keeping.

Inter-Con will continue to share results gathered through this process with the City and will provide them to our AM to identify opportunities for continual program enhancement. Both announced and unannounced inspections are scheduled at each Post and conducted by a combination of the AM and Field Supervisors, will be readily available, to ensure additional opportunities for improved performance are evaluated on a higher level and are fully integrated into the City’s security program.

Through our custom-tailored QCP, every aspect of the security program will be continuously monitored by Inter-Con’s AM, whose Quality Control duties will include identifying performance objectives, correcting operational deficiencies, and ensuring satisfaction of performance requirements in accordance with City’s Services Agreement/SOW and strategic planning.

ELEMENTS OF THE QUALITY CONTROL PLAN
Inter-Con’s Quality Control Plan (QCP) incorporates six distinct components that make up a continuous cycle of improvement through self-audit, illustrated in Figure 4.

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1. Training & Education
Quality Control begins by ensuring that all Security Officers are fully trained in the duties and responsibilities of each post to which they are assigned. Inter-Con knows that proficiency in security is based largely on a combination of experience and a thorough training program designed to improve Security Officers’ skills and knowledge. As such, we believe that intensive training at the individual and collective level forms the foundation of any successful security program.

2. Inspection
Inter-Con conducts inspections at every post. Leadership analyzes reports, the quality of security services and documentation, and reviews feedback from the City’s leadership. Site visits are used to observe actual performance and to conduct interviews to determine the extent of compliance with the quality metrics. Any noted defects are addressed and corrected as quickly as possible. Routine reviews involve direct observation of security personnel performing their duties, interacting with City staff or citizens, and maintaining logbooks and documentation. These routine reviews ensure compliance with regulatory standards. Inspections may be either announced or unannounced and will occur at all posts, including supervisory, no less than once a month. Inter-Con’s AM will establish a schedule to allow for random inspections during each shift throughout the period. Findings shall be reported to the City with proposed immediate or timely corrective actions. Any noted critical deficiencies will be corrected within eight hours, and any non-critical deficiencies shall be corrected within 48-hours.

The measurement and tracking of Key Performance Indicators (KPIs) are critical to Inter-Con’s QCP and improvement efforts. All relevant information will be passed up and down Inter-Con’s project organization.

These efforts will serve as a source of recommendations and ideas for improvements in operations and as impetus for further training, testing, and review. Our quality control efforts are designed to mirror the operational and administrative requirements of the City contract, so that any negative trends or deficiencies will be addressed and corrected in a timely manner.

On a regular basis, post inspections will be used to inspect:
 Responsibilities of all Security Officers
 Uniform and grooming appearance of all Security Officers  Maintenance of equipment and uniforms
 Attendance (sign-in and sign-out checks)
 Knowledge of applicable post orders
 Knowledge of and adherence to reporting requirements
 Knowledge of and adherence to the City’s equipment operating procedures  Possession of appropriate certifications, licenses, permits, and identification cards  Other elements of contract performance

3. Testing & Drills
As part of our QCP and quality control efforts, Inter-Con places special emphasis on unannounced emergency reaction drills that mimic real-world conditions. These drills assess the understanding of duties, improve Figure 4 - 6 Elements of QCP
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response effectiveness, and train personnel for possible contingencies. All emergency operational drills will be coordinated in advance with City and local site management to avoid disruption or unnecessary confusion.

Inter-Con regularly practices such drills and will provide detailed analyses to City leadership, if desired. With the approval and coordination of City site management, Inter-Con’s AM, Training Team, and/or Supervisors will periodically conduct alarm tests, emergency drills, and other exercises. The real-world drills will cover a variety of situations that could occur at City facilities, and test results will determine if additional training or changes in policies and procedures are necessary.

4. Evaluation
Evaluation and review processes are the cornerstones of an effective QCP.

Evaluations are conducted through roll call, field and equipment inspections, and performance evaluations in the form of drills and tests.

Reviews of QCP findings and contract policies and procedures confirm results as well as verify policy and procedure effectiveness.

5. Reporting
The Inter-Con reporting process involves each level of supervision and management in the review and response sequence. Key findings and afteraction reports are reviewed by the City’s AM, who then provides feedback and direction based on these findings and actions to all supervisory staff.

All Security Officers are taught that following instructions and properly completing forms and reports are administrative requirements of their job.

These reports and records are necessary for Officers to get paid, to understand and perform their duties, and to bring charges against offenders. We know that keeping meticulous records and reports is crucial to the smooth operation of a security program. Accordingly, Inter-Con personnel will receive rigorous training in maintaining a visitor’s log, daily log, alarm monitoring log, and delivery manifest log, as well as how to write security reports concisely and accurately as required. We will also continue to obtain Security Officer acknowledgement and a comprehensive receipt form that incorporates the City’s Standards of Conduct requirements for Security Officers upon hire.

6. Corrective Action
Inter-Con’s QCP is enhanced through emphasis on taking corrective action and revising training and security procedures if deficiencies are discovered. All reports submitted regarding inspections, drills, and tests will indicate corrective action recommendations. Corrective Action Follow-up Reports, developed by Supervisors and/or Managers, confirm that the corrective action was successfully implemented.

Inter-Con’s Account Management Team will monitor all corrective actions taken. Just as it is vital to staff a security force with trained professionals, it is also critical to provide Security Officers with clear direction in their specific duties, establish productive lines of communication, and monitor performance. All corrective actions will be recorded and included in our monthly, quarterly, and annual progress reports to the City.

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PERFORMANCE METRICS
We systematically collect the data necessary to consistently improve the effectiveness and efficiency of security operations, measuring such indicators as attendance, promptness,
appearance, and record keeping. Results gathered through this process will be shared with the City and used by our Account Management Team and supervisory personnel to identify
opportunities for program enhancement and manage all
challenges or risks.

In addition to utilizing our KPI dashboards, Inter-Con will complete a monthly, quarterly, and annual status reports for the City that details our operational activities and KPI metrics. Our QCP is highly effective at quality monitoring and program improvement because data is captured and analyzed at the site and post levels through the digitization of reports for review, and areas of discrepancy are addressed through our well-developed response plan. All reports generated in association with this data are reported up through the appropriate QCP chain of command.

QUARTERLY BUSINESS REVIEWS
Inter-Con’s Account Management Team will provide the City with Quarterly Business Reviews (QBRs) that detail KPI’s from the previous period. These can be generated and memorialized in online dashboards on a daily, weekly, and monthly basis. Our QBRs are made up of various contract-specific matters that are agreed to by the client, ensuring significant investment in data analysis and reporting capabilities to facilitate real-time reporting and analysis. We also track other key data points and trends to summarize these findings for client review on topics including operations, finance, and administration. Included in our QBRs for the City will be Inter-Con’s Balanced Scorecard, which we will specifically tailor with the City’s input and feedback.  Staffing Plan: The status of the program, including a current roster of all personnel working on the contract. We list all additions, deletions, and changes to positions, hours, and days of work that occurred during the previous reporting period. The plan will reflect all positions identified by the contract and those supplied in direct support of the program, an analysis of the annual turnover rate of personnel assigned to the program, and a summary of recruiting efforts for the quarter.  Training Statistics: List of key training statistics, including the number and types of trainings and the Security Officers that participated in the trainings. Includes courses attended but not provided by InterCon instructional staff (ie. training conducted in conjunction with a Glendora PD Officer) and the number of personnel that participated.
 Operations Statistics: Written descriptions of Incident and Daily Activity Reports (DAR) written yearto-date and organized by major category. A chart depicting major category events cumulative by month, quarter, and year-to-date will be provided. All special service requests for the given reporting period will be summarized. Any Incident or Daily Activity Report that demonstrates an Officer’s proficiency or deficiency in a specific skill or ability, particularly one covered in Inter-Con training or drills, will be highlighted and reviewed to assess the effectiveness of our training efforts.  Account Management: While Inter-Con’s performance regarding post orders and compliance with established KPIs serves as an important signal of Account Management success, we also want to take the opportunity to assess and comment on our Account Management Team’s ability to proactively address potential issues before they arise, to align our day-to-day support efforts with the City’s strategic priorities.

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 Current and Projected Future Needs: A summary of current program needs, and a projection of future program needs as it pertains to client support activities.  Quality Control Program Brief: A report depicting actions undertaken during the previous quarter to assure required proficiency and compliance with contract requirements, General and Post Orders, and other directives required.
 Drills: A matrix report reflecting the number of operational drills, type, date, and a comparison of expected response times with real response times. Corrective actions, either recommended or already completed, will be identified.
 Equipment Inventory: A list of the number of radios, batteries, chargers, cell phones, and any other operational equipment provided to Security Officers.
 Property Inventory: Identification of fixed posts and office equipment issued by the client or bearing a client property tag, including a description and location of the item.  Key Inventory: Identifies all keys issued to and controlled by Inter-Con personnel, including identifiers, make, and ID numbers of each key, and the location or areas the keys operate and are kept. The key inventory is also separated by Post and Site.

EMPLOYEE RETENTION
We appreciate the significant difference a well-trained, led, and incentivized Security Force makes on behalf of our clients, so we invest in our people to ensure optimal performance in the field as well as to maintain desired retention rates. In support of these goals, Inter-Con employs a 4-point retention initiative model that has proven successful across all Inter-Con contracts as shown below, in Figure 5.

Figure 5 – Retention Initiative Model
Inter-Con’s retention initiative model is further proven, as the incumbent provider and exclusive partner with the City for over 14 years, the majority of Officers assigned to the City’s account have been engaged since contract inception with over 10 years of dedicated service.

ACCOUNT MANAGEMENT TEAM
Inter-Con’s Account Management Team for the City of Glendora will provide the following functions:

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 Implement and maintain a custom-operating plan, which meets high standards of fitness, appearance, character, and performance to best represent the City;
 Evolve the parking enforcement program size and functions to meet current and future needs; and  Serve as a dedicated and trusted strategic partner to attend to the essential interests of the City of Glendora.

ACCOUNT MANAGER (AM)
As the leader of the City of Glendora Parking Enforcement Program, Inter-Con’s Account Manager, Ms.

Mariana Alvarez, will continue to ensure full contract compliance and the delivery of efficient and effective traffic enforcement services. Inter-Con will not subcontract for standard Parking Enforcement Officer services. The Account Manager will have primary contact with the City of Glendora management and their designated representatives to receive and implement orders or special instructions. The Account Manager will select the best available supervisory personnel to work with assigned officers to provide them with ample and dynamic training and to supervise them in all facets of their work.

These depths of commitment and capability will ensure that Inter-Con’s Account Manager and executive leadership have all the support needed to deliver high-quality parking enforcement services to the City of Glendora. The AM will have full responsibility for all operational, managerial, and administrative functions related to the Parking Enforcement operations for the City. In addition to the internal corporate accountability, the AM is responsible for ensuring that all services are provided by staffing levels that meet or exceed contract requirements and standards.

Essential responsibilities of the AM are further identified in Table 11, below.

Table 11 - Responsibilities and Duties of the Account Manager (AM) Duties / Functions Descriptions
Supervision / Quality
Assurance
 Serve as the direct point of contact with City management on all security force operations.
 Ensure the Parking Enforcement Officers complete all assigned tasks.  Provide operational and administrative direction to the Senior Parking Enforcement Officer.
 Inspect operations, on both a scheduled and unscheduled basis, during both day and night shifts.
 Directly supervise Officers during emergency situations.

Recruiting / Screening  Coordinate with Inter-Con corporate resources on recruitment efforts.

Training  Provide Parking Enforcement Officers with direction and guidance on all training activities that will require special emphasis, in order to assure effective management and supervision of the force.
 Observe duty performance and notify Inter-Con corporate resources of areas that require added emphasis in the re-certification training courses.  Review training requirements and coordinate with Supervisors to schedule Officers for re-certification training.

Logistics  Inform Inter-Con corporate resources of uniform and equipment deficiencies and advise the SVP of Operations of situations that necessitate prompt corrective action in this area.

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Scheduling / Staffing  Prepare and provide a weekly duty schedule to the SVP of Operations for approval, and subsequent submission to the City’s management.  Ensure special and/or emergency personnel requirements are covered.  Maintain an available Reserve Force.

Security Operations
Planning
 Prepare operational orders that are tailored to the City of Glendora’s Parking Enforcement Program.
 Pass special post instructions to Senior Parking Enforcement Officer(s) for execution.

Reporting  Provide written and oral reports to appropriate City and Inter-Con designated representatives, in a prompt, detailed and accurate manner.  Review logbooks, vehicle reports, inspection reports, as well as other reports on a daily basis, and initiate the necessary follow-up and/or corrective action.
 Inform the SVP of Operations and appropriate City designated representative of issues requiring corrective action.
 Immediately notify the SVP of Operations and appropriate City designated representatives of schedule changes.

Discipline Duties  Ensure all Officers comply with Inter-Con’s exceptionally high standards of conduct.
 Ensure that quick and appropriate action is taken to deal with discipline, performance, and attendance problems with Officers.

PARKING ENFORCEMENT OFFICER (PEO)
Parking Enforcement Officers are full-time and part-time positions, exclusive to the City of Glendora’s Parking Enforcement Program. The PEO’s primary responsibility includes the patrol of designated routes and enforcing city, state and federal parking laws and regulations.

Essential responsibilities of the Parking Enforcement Officer(s) are identified in Table 12.

Table 12 - Responsibilities of Parking Enforcement Officer(s) Function Description of Duties
Operations  Early morning parking enforcement; annual and temporary permit validation.  Preferential parking district enforcement; residential and guest permit validation.
 City-owned parking lot restriction enforcement.
 California Vehicle Code Sections and Glendora Municipal Code Sections enforcement via vehicle or foot patrols utilizing designated routes and staggered-time schedules; on-street parking laws on all City streets and roadways; off-street parking lots as posted.
 Participate in any hearing process or subsequent process involving contested or challenged parking citation(s).
 Proactively patrol various sites in vehicle or on foot; locking gates and restrooms, and securing parking lots at various locations.

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 Ensure working knowledge of all communication systems.  Liaise with Glendora Police personnel, if required, when violations are observed, or in response to a call for service.

Reporting  All suspicious activities identified during patrol of various sites.  Located vehicles to be impounded or immobilized as a result of vehicle’s driver having a specified number of delinquent parking citations.  Unlawful acts, conditions or deficiencies (signing/marking), which may pose a hazard or danger to the general public and community.
 Parking meter malfunctions, vandalism, etc.
 Required Daily Activity Reports (DARs) and other necessary reports promptly.

LICENSES, CERTIFICATIONS, AND INSURANCE
Inter-Con possesses all required administrative documents, which includes a current State of California Guard/Security License, Figure 6 and a current City of Glendora Business License is provided below in Figure

7. A current copy of the City of Glendora’s Certificate of Insurance is also provided below in Figure 8.

Figure 6 – Current State of California Guard / Security License Issuing Agency: California Department of Consumer Affairs; Bureau of Security and Investigative Services License No.: PPO6822
Expiration: 11/30/2024
Figure 7 – Current City of Glendora Business License
Issuing Agency: City of Glendora
License No.: 04206041
Expiration: 11/1/2023
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Please note, Inter-Con has submitted the renewal application and is awaiting receipt of the physical copy of the renewed business license. Per the business search image located on the previous page, you can see our application has been renewed, with an updated expiration date of 11/1/2023. Upon receipt, Inter-Con will forward a copy to the City of Glendora.

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Figure 8 – Current Insurance Coverage / COI Endorsement (page 1 of 4) Note: As the incumbent provider, Inter-Con confirms our ability to comply with the City of Glendora’s insurance requirements.

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Figure 8 – Current Insurance Coverage / COI Endorsement (page 2 of 4) Item #15. Page 86
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Figure 8 – Current Insurance Coverage / COI Endorsement (page 3 of 4) Item #15. Page 87
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Figure 8 – Current Insurance Coverage / COI Endorsement (page 4 of 4) Item #15. Page 88
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Price Narrative
Inter-Con submits this offer in response to the City of Glendora’s Request for Proposal. Inter-Con’s proposal is valid for 90 calendar days after the bid submission deadline of November 22, 2022.

PRICING ASSUMPTIONS
Please note that our pricing is based on various assumptions that we have outlined in the section below. To the extent that the assumptions we have outlined are incorrect or need to be modified, we will work with the City to refine our pricing to reflect the correct information. These assumptions include:

MODIFICATIONS
We have provided rates that cover the initial three-year term of the contract. These rates include increases to wages for each year. Thereafter, Inter-Con will propose a rate modification for extension periods to adjust for any changes to the local metropolitan area Consumer Price Index for Urban Consumers (CPI-U), as provided by the Bureau of Labor Statistics (BLS). Should any additional costs arise such as changes to Federal, state, or local taxes; Federal, state, or local minimum wage rates that exert severe compression against our wage rates; or Federal, state, or local changes to regulations that affect overtime, paid time off, medical benefits, sick leave, etc., then Inter-Con will work with the City to develop an agreeable rate solution so that such unexpected and unknowable costs can be covered.

REST AND MEAL BREAKS
Our assumption is that all personnel will be allowed to take paid rest breaks and unpaid meal breaks in accordance with local law. Paid rest breaks will be considered billable time whether or not the post is relieved.

Unpaid meal breaks will be unbillable time unless relieved by another Officer. Please note that Inter-Con has not priced in the cost of an additional, dedicated breaker force to relieve personnel. Personnel will either be self-relieving (post goes unmanned), or they will be relieved by existing Inter-Con personnel who are part of the regular schedule provided by the City

PROPOSED RATES
Our proposed bill rates for the first three years are provided in the section below.

Position Year 1 Year 2 Year 3
Parking Enforcement Rep. $38.37 $40.72 $42.36
Senior Parking Enforcement Rep. $39.74 $42.15 $43.86
Please note that over the last five years under the current program, Inter-Con’s costs have increased in several key areas. The last two years, specifically, have been dramatically challenging with pandemic lockdowns, supplychain bottlenecks, and post-COVID inflation and tightening labor markets. As a result of these factors and others listed below, our proposed rates are higher than the rates we offer the City today.

Specifically, our rates are higher driven by increases to vehicle expenses as a result of supply-chain bottlenecks that have dramatically increased the costs of vehicles and fuel; higher wages driven by a tighter labor market; higher unbillable overtime to ensure continuous staffing of posts; inclusion of training into our fully loaded rates per the RFP requirements (which is billable under the current contract); and inclusion of medical insurance Item #15. Page 89
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fully loaded into our rates per the RFP (whereas under the current contract, these costs would be passed through at-cost).

As a sample of these increase, we show a breakdown of our current rate vs our new rate and the cost adjustments that have driven our higher rate:

Breakdown of Rate Increase
Current Program PER Rate $33.25 Commentary
Higher Vehicle Costs $1.92
Vehicle prices have risen dramatically in the post-pandemic world along with costs to maintain, repair, insure, and fuel those vehicles. Our rates reflect the increased costs we have been unable to capture under our current program rate structure, which was established over five years ago.

Wages & Payroll Taxes $1.35
As described in our “Compensation” section below, Inter-Con plans to pay higher wages to our personnel than what they presently earn today. For context, PERs today earn $17.90, whereas Inter-Con’s parking program average is $18.65. We have proposed a wage of $18.75 for this program to ensure continued competitiveness in the labor market.

Operating Costs $0.84
Inflation has risen rapidly in the past year and continues to remain high today. This inflation has driven our operating costs higher, particularly related to business insurance (liability insurance) and professional services.

This cost category also includes higher overtime necessary to ensure continuous staffing of the program.

Medical Insurance $0.81
Under the current program, Medical Insurance is excluded from the rate structure and billed separately. The new RFP requires that all costs be fully loaded into our rates. We have thus included this cost in our hourly rates.

Training $0.20
Training is currently fully billable to the City. Under the new RFP, all costs must be included in the loaded rate. Inter-Con has thus included 24 hours of training in our rate structure.

Total of Increases $5.12
New Proposed PER Rate $38.37
Our new proposed rate is 5% lower than the Year 1 rate Inter-Con had initially proposed when the City requested a 5-year forecasted rate structure. Over a 3-year period matching this RFP’s initial term, we estimate this will save the City approximately $75,000 from our original forecast.

Below we provide an estimated three-year budget at our proposed rates and the schedule outlined in the RFP:

Year 1
Position HPW Bill Rate Annual
Budget
Parking Enforcement Rep. 88 $38.37 $175,581.12
Senior Parking Enforcement Rep. 40 $39.74 $82,659.20
Total Year 1 128 $258,240.32
Year 2
Position HPW Bill Rate Annual
Budget
Parking Enforcement Rep. 88 $40.72 $186,334.72
Senior Parking Enforcement Rep. 40 $42.15 $87,672.00
Total Year 2 128 $274,006.72
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CONFIDENTIAL
Year 3
Position HPW Bill Rate Annual
Budget
Parking Enforcement Rep. 88 $42.36 $193,839.36
Senior Parking Enforcement Rep. 40 $43.86 $91,228.80
Total Year 3 128 $285,068.16
Grand Total Three Year Budget (Not to Exceed) $817,315.20 COMPONENTS OF INTER-CON’S BILL RATES
In the spirit of transparency, we have outlined the major components that comprise the rates presented above.

Our pricing is customizable, and to the extent that the City desires an alternative approach to a specific cost item (such as Training, Vacation, Holiday, etc.), we are open to discuss and modify our rates accordingly.

COMPENSATION
Inter-Con’s compensation reflects the impact of a tightening labor market as well as rising cost of living, as inflation continues to remain high. We have compared our wages to market data provided by our partnership with Salary.com as well as wages paid on other, similar parking enforcement programs. For reference, InterCon currently pays our Parking Enforcement Representatives (PERs) a wage of $17.90/hour, which was effective on July 1st, 2022. Other parking enforcement programs in the nearby area have an average wage of $18.65.

Heading into the next contract period, which is expected to begin in mid-December per the RFP, we have proposed a wage of $18.75 for the base PER on the City of Glendora program. This will ensure employee compensation maintains pace with the rapidly rising cost of living driven by high inflation of 8.2% in the last twelve months and is competitively in-line with other parking programs.

Each year thereafter, we have scheduled wage increases that will track with an estimated cost-of-living increase of 6% and 4%, respectively.

Position Year 1 Year 2 Year 3
Parking Enforcement Rep. $18.75 $19.90 $20.70
Senior Parking Enforcement Rep. $19.75 $20.95 $21.80

PAID TIME OFF (PTO)
All personnel will receive 40 hours of Paid Time Off (PTO).

HOLIDAYS
All employees receive a holiday benefit of eight (8) paid hours, which will be pro-rated for part-time employees, included in the bill rate. Inter-Con recognizes six (6) holidays as shown in the table below.

Recognized Holidays
New Year’s Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
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CONFIDENTIAL

MEDICAL INSURANCE
Inter-Con has fully incorporated our estimated cost for medical insurance premiums into our bill rates.

All non-management personnel will be offered an Affordable Care Act (ACA) compliant Bronze-style medical plan at a 70/30 employer/employee cost sharing split.

Though these costs are currently included in our rates, Inter-Con would like to make the City aware that the most cost-effective solution to handling insurance premiums is to bill them as a separate passthrough. Because premiums are highly unpredictable across contracts, security providers must ultimately over-estimate the percentage of the population that will enroll in various insurance offerings in order to ensure that premiums are covered. When this figure is included in all-inclusive hourly rates, it leads to unnecessarily high costs for clients, who may end up paying for individuals who are not actually enrolled.

Under a direct passthrough, however, the City would only pay for employees that actually choose to enroll. We provide this service to many of our current clients and have found that it both protects our clients from unnecessary cost and provides further transparency into our rates.

PAYROLL TAXES & INSURANCE
Inter-Con has included the cost of all applicable federal, state, and local taxes in our fully loaded rates. These taxes include the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), State Unemployment Insurance (SUI), Worker’s Compensation (WC), Liability Insurance, and Fidelity Bond.

TRAINING
New Hire pre-assignment training will include the following hours shown in the table below, all fully burdened in our bill rates.

Pre-Assignment Training (Unbillable)
Position Training Hours
Parking Enforcement Rep. 24
Senior Parking Enforcement Rep. 24
Additionally, per Q&A, Question 2, we understand that any training provided by a Glendora Police Department Officer would take place during the security officer's regular hours, therefore, they would be billable.

Lastly, all personnel will receive sixteen (16) hours of refresher training annually to ensure their skills are kept current and new security knowledge and procedures are transferred on a regular basis. This refresher cost has been included in our rates.

UNIFORMS & EQUIPMENT
We have priced the following uniform, though we can work with the City to revise the uniform specification, if the City desires a different look.

Item Qty.

Long Sleeve Shirt 3
Short Sleeve Polo Shirt 3
Dark Blue Short Pants 2
Dark Blue Trousers 2
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CONFIDENTIAL

COMMUNICATIONS & TIMEKEEPING
Inter-Con is pleased to utilize a proprietary mobile solution that was developed in partnership with Salesforce and enables unprecedented transparency and accountability for our security programs. This solution includes biometric time and attendance recordkeeping, incident reporting, GPS tracking, and Virtual Post Inspections, among many other solutions. This solution is available on any mobile device, and can be delivered as outlined below, at your preference:
 Inter-Con Provided Mobile Devices: Inter-Con recommends that clients elect for us to provide our own smartphones to be placed at each post. This Inter-Con provided device is locked down and can only be used for the security purposes outlined above. If requested, Inter-Con provided smartphones are available at a per unit charge of $100/month.
 Inter-Con Provided Radios: Some clients prefer that personnel be equipped with radios instead of cellular phones. While we find that radios ultimately have fewer capabilities than a smartphone, there are instances when these devices are more suitable to the scope of work. If requested, Inter-Con provided radios are available at a per unit charge of $75/month. Base Stations, if required, will be billed at a passthrough with pricing estimated at time of request once specifications are fully known.  Inter-Con Provided Kiosks: In the event that a client does not wish to deploy phones to each post, Inter-Con is able to provide a mobile kiosk that can be used by multiple Officers for biometric clock-in and -out of posts, report writing, and other functions. These kiosks can be mounted in a convenient location at guardmount, carried by a Supervisor, or utilized in some other manner. These devices are available at a per unit charge of $150/month.
 Officer Uses Personal Phone: While Inter-Con does not recommend this solution, the Inter-Con mobile application is available on any Apple iPhone or Android device. Thus, any Officer is able to use it for all of the solutions outlined above, including biometric clock-in and -out. Officers are reimbursed for using their personal phones, with no additional cost to you.

Inter-Con is pleased to be able to provide flexibly and seamlessly any of the above solutions outlined above for our clients. We are willing to provide any mix of the above solutions at your preference.

Parking Jacket 1
Safety Vest 1
Garrison Belt 1
Duty Belt 1
Keepers (4pk) 1
Shoes 1
Baseball Cap 1
IC Badge 1
Flashlight 1
Nametag 1
Raingear 1
White Tennis Shoes 1
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CONFIDENTIAL

VEHICLES
Inter-Con has priced in the cost of our bill rates two sedan style vehicles, including all expenses incurred in leasing, fueling, repairing, maintaining, equipping, and insuring the vehicles. No additional costs will be charged to the City for operation of these vehicles. Should an additional vehicle be required, we will adjust our rate accordingly.

SCREENING
All new Officers will undergo below screening:

Screening
Federal Criminal
Social Security Trace
National Criminal Index Plus
Statewide Criminal
County Criminal
Drug Test
Physical Exam
DOJ Fingerprint

GROSS RECEIPTS TAX / SALES & USE TAX
Any Gross Receipts and/or Sales & Use Taxes that are applicable to the places of performance included in this contract have not been included in our rates. These costs, if applicable, will be billed as a separate line item on our invoice.

INDIRECT OVERHEAD
This cost component represents program-allocated resources related to our Security Operations Center located in Pasadena, CA, which provides 24/7 watch command & dispatch support as well as Virtual Post Inspection (VPI) of all personnel in the field. Additionally, this cost covers all of the allocated efforts of our recruiting, logistics, training, scheduling, administrative teams in support of the City’s security program.

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817,315.20
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
INTER-CON SECURITY SYSTEMS, INC.

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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
INTER-CON SECURITY SYSTEMS, INC.

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

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

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1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the 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 DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 99
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these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ___________________
Neil Martau, Chief Administrative Officer
(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, DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 100
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against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Care of Work.

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

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.

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1.10 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $817,315.20_(EIGHT HUNDRED AND SEVENTEEN THOUSAND, THREE HUNDRED AND FIFTEEN DOLLARS AND TWENTY CENTS) (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 forty-five (45) days of receipt of DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 102
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Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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(s).

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 three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for a maximum of two (2) additional one (1) year terms by giving written notice thereof not later that sixty (60) days prior to the end of the Term or any Extended Term(s).

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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

Mr. Neil Martau, Chief Administrative Officer
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 Glendora Chief of Police 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 DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 104
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perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

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(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

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

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and 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.

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(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (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.

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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 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 DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 108
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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.

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.

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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default.

Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not 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 DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 110
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to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

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.

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

7.9 Attorneys’ Fees.

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

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.

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8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 113
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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 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 ___________________
Neil Martau, Chief Administrative Officer
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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Inter-Con Security Systems, Inc. 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:

INTER-CON SECURITY SYSTEMS, INC.

Name: Neil Martau
Title: Chief Administrative Officer
E-mail: [email protected]
Address: 210 S. DeLacey Ave, Pasadena, CA 91105
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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EXHIBIT “A”

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

A. Provide 128 hours of weekly enforcement consisting of staffing of two parking enforcement officers from Sunday through Thursday, one parking enforcement officer from Monday through Friday, and one parking enforcement officer Friday and Saturday. The parking enforcement officers will have the below schedule:
(1) Sunday through Thursday: 2045 hrs to 0515 hrs
(1) Sunday through Thursday: 2145 hrs to 0615 hrs
(1) Friday & Saturday: 2000 hrs to 0000 hrs
(1) Monday through Friday: 0715 hrs to 1545 hrs
B. Enforcement Responsibilities will include:
 Early Morning Parking – The City of Glendora restricts parking on public streets between the hours of 2:00 a.m. and 4:00 a.m., five-days-per-week (Monday-Friday). Residents and visitors may only park on City Streets during these hours by permit. There are two types of permits available for early morning parking exemption; an annual permit which consists of a sticker placed on the rear of the exempted vehicle, or a temporary permit which is issued either through two automated machines or purchased online and consists of a paper ticket that is placed in the exempted vehicle’s windshield.
 Preferential Parking Districts – The City of Glendora restricts parking on public streets in four separate preferential parking districts that border public schools and a community college. Residents are issued permits which they may use or temporarily provide to their guests.  City Owned Parking Lots – Restricted time parking in city-owned lots as posted (see section A above).
 Enforcing of California Vehicle Code Sections and Glendora Municipal Code Sections related to on-street parking laws on all City streets and roadways.
 Enforcing of California Vehicle Code Sections and Glendora Municipal Code Sections related to off-street parking lots as posted.

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C. Additional responsibilities will include:
 Locating and reporting to designated City staff, vehicles to be impounded or immobilized as a result of the vehicle’s driver having a specified number of delinquent parking citations.
 Reporting to designated City staff, any unlawful act or condition or deficiency, which may pose a hazard or danger to the general public.  Patrolling in motor vehicles or on foot, on designated routes and staggeredtime schedules, with primary responsibility of enforcing on-street parking laws and regulations. Participate in any hearing process or subsequent process involving a contested or challenged parking citation.
 Patrol various sites and report suspicious activity.
 Locking gates, locking restrooms, and securing parking lots at various locations.
 Contractor will provide training for all regular, replacement, and additional contract employees. Contractor will provide retraining and continuing education for contract employees. Training shall be comprehensive and include information on parking enforcement statutes and ordinances, regulations, and resolutions enacted by the State of California and the City, parking enforcement programs, and policies and procedures adopted by the City.

II. Contract Personnel Minimum Requirements:
 Be at least 18 years of age.
 Be able to read, write and speak the English language and must be able to write intelligible reports.
 Have the ability to give and follow oral/written instructions in English.  Have the ability to speak a second language, such as Spanish which is highly desirable, but not required.
 Physically and mentally capable of performing parking enforcement duties.  Have the ability to remain calm and use good judgment and initiative in a confrontational or emergency situation.
 Have the ability to establish and maintain effective working relationships with the public and City personnel.
 Possess a high school diploma or equivalent.
 Possess a valid class “C” State of California driver’s license.  Possess all current State of California Consumer Affairs Security Guard requirements.
 Have passed a background check, a drug-screening test and undergone a comprehensive medical examination to determine fitness to perform assigned duties.

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 Have a fingerprint clearance with the Department of Justice (D.O.J.) and National Crime Information Center (N.C.I.C.).
 Contractor shall have enough trained staff to provide backfill employees in the event of sick call out in order to maintain minimum staffing levels.  Pass a DOJ CLETS test.

III. Training
The Contractor will provide all appropriate and necessary training to employees who will work in the City. This may be done in conjunction with training provided by a Glendora PD Officer.

IV. .Equipment to be provided by contractor:
 Light blue uniform shirt with dark blue trousers. Uniform shirts shall have the words “Glendora Parking Enforcement” placed on the front and the back.  Black leather boots/shoes.
 Black leather belt.
 Silver color name plate with employee’s first initial and last names.  Contractor identification badge, approved by the Police Department.  Summer uniform – light blue polo style shirt, dark blue short pants, white socks, clean white tennis style shoes.

V. Vehicles:

A. Contractor will provide a minimum of two clearly/visibly marked “City of Glendora Parking Enforcement” subcompact vehicles in good running order. Each contract employee shall arrive for duty in a properly designated vehicle. Vehicles shall be in safe working order and in compliance with all applicable California Vehicle Code Sections. Vehicles shall be a newer model vehicle, not less than three years old, and free from body damage, missing parts, or any other visible wear.

B. Vehicles that are damaged or disabled while in service for the City of Glendora shall be replaced with an operable vehicle within one hour. In the event that a replacement vehicle is unavailable, contract personnel shall be relieved of duty for the remainder of the shift and contractor shall pay City prorated liquidated damages for loss of contracted work performance.

VI. Liquidated damages
The Contractor shall agree to be held liable for $400.00 in liquidated damages if a scheduled 8-hour shift is unfilled due to short staffing and $200.00 in liquidated damages if a scheduled 4-hour shift is unfilled due to short staffing.

VII. Voiding parking citations
A. Any parking citations that are deemed inappropriate during or immediately after the issuance of citation, can be voided by the parking enforcement officer that issued the parking citation, as long as the officer follows up with a correct citation.

B. Citations that are written in error, i.e. citizen has proper permit displayed, citizen has handicap placard displayed, or citation was written outside the City limits, shall not exceed 2% of the total citation written per officer, per month. In the event that the DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 118
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percentage of citations written in error by a parking control officer exceeds 2% in one month, contractor must deduct $5.00 per void in excess of the allowed 2% from the corresponding monthly invoice.

VIII. Equipment to be provided by the city:
 Hand-held radios allowing for communication with Police Department personnel and Dispatch Center.
 Parking citations and warning notices.
 Glendora Police Department Parking Traffic Enforcement training manual.  City of Glendora street maps.
 Traffic chalk and chalk sticks for tire marking.
 Training and orientation for parking enforcement in the City of Glendora. 
IX. Consultant will utilize the following personnel to accomplish the Services:

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

I. City hereby waives the requirements of Section 2.5 of the Agreement II. City hereby deletes from Section 3.2 of the Agreement the following text: “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.”
III. City hereby adds the word “if” to Section 1.4(a) of the Agreement: “Public Work. The Parties acknowledge that if 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.”
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EXHIBIT “C”

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

DESCRIPTION RATE TIME SUB-BUDGET
A. Parking Enforcement
Representatives (1st year)
$38.37/39.74 88/40 $258,240.32
B. Parking Enforcement
Representatives (2nd year)
$40.72/42.15 88/40 $274,006.72
C. Parking Enforcement
Representatives (3rd year)
$42.36/$43.86 88/40 $285,068.16
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

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

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

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

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

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

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

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

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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. See Scope of Services, Exhibit “A,” provided, however, City’s Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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CONFIDENTIAL
Price Narrative
Inter-Con submits this offer in response to the City of Glendora’s Request for Proposal. Inter-Con’s proposal is valid for 90 calendar days after the bid submission deadline of November 22, 2022.

PRICING ASSUMPTIONS
Please note that our pricing is based on various assumptions that we have outlined in the section below. To the extent that the assumptions we have outlined are incorrect or need to be modified, we will work with the City to refine our pricing to reflect the correct information. These assumptions include:

MODIFICATIONS
We have provided rates that cover the initial three-year term of the contract. These rates include increases to wages for each year. Thereafter, Inter-Con will propose a rate modification for extension periods to adjust for any changes to the local metropolitan area Consumer Price Index for Urban Consumers (CPI-U), as provided by the Bureau of Labor Statistics (BLS). Should any additional costs arise such as changes to Federal, state, or local taxes; Federal, state, or local minimum wage rates that exert severe compression against our wage rates; or Federal, state, or local changes to regulations that affect overtime, paid time off, medical benefits, sick leave, etc., then Inter-Con will work with the City to develop an agreeable rate solution so that such unexpected and unknowable costs can be covered.

REST AND MEAL BREAKS
Our assumption is that all personnel will be allowed to take paid rest breaks and unpaid meal breaks in accordance with local law. Paid rest breaks will be considered billable time whether or not the post is relieved.

Unpaid meal breaks will be unbillable time unless relieved by another Officer. Please note that Inter-Con has not priced in the cost of an additional, dedicated breaker force to relieve personnel. Personnel will either be self-relieving (post goes unmanned), or they will be relieved by existing Inter-Con personnel who are part of the regular schedule provided by the City

PROPOSED RATES
Our proposed bill rates for the first three years are provided in the section below.

Position Year 1 Year 2 Year 3
Parking Enforcement Rep. $38.37 $40.72 $42.36
Senior Parking Enforcement Rep. $39.74 $42.15 $43.86
Please note that over the last five years under the current program, Inter-Con’s costs have increased in several key areas. The last two years, specifically, have been dramatically challenging with pandemic lockdowns, supplychain bottlenecks, and post-COVID inflation and tightening labor markets. As a result of these factors and others listed below, our proposed rates are higher than the rates we offer the City today.

Specifically, our rates are higher driven by increases to vehicle expenses as a result of supply-chain bottlenecks that have dramatically increased the costs of vehicles and fuel; higher wages driven by a tighter labor market; higher unbillable overtime to ensure continuous staffing of posts; inclusion of training into our fully loaded rates per the RFP requirements (which is billable under the current contract); and inclusion of medical insurance DocuSign Envelope ID: 27AF958E-BEDA-416D-92EE-FF14A1F111EF Item #15. Page 123
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CONFIDENTIAL
fully loaded into our rates per the RFP (whereas under the current contract, these costs would be passed through at-cost).

As a sample of these increase, we show a breakdown of our current rate vs our new rate and the cost adjustments that have driven our higher rate:

Breakdown of Rate Increase
Current Program PER Rate $33.25 Commentary
Higher Vehicle Costs $1.92
Vehicle prices have risen dramatically in the post-pandemic world along with costs to maintain, repair, insure, and fuel those vehicles. Our rates reflect the increased costs we have been unable to capture under our current program rate structure, which was established over five years ago.

Wages & Payroll Taxes $1.35
As described in our “Compensation” section below, Inter-Con plans to pay higher wages to our personnel than what they presently earn today. For context, PERs today earn $17.90, whereas Inter-Con’s parking program average is $18.65. We have proposed a wage of $18.75 for this program to ensure continued competitiveness in the labor market.

Operating Costs $0.84
Inflation has risen rapidly in the past year and continues to remain high today. This inflation has driven our operating costs higher, particularly related to business insurance (liability insurance) and professional services.

This cost category also includes higher overtime necessary to ensure continuous staffing of the program.

Medical Insurance $0.81
Under the current program, Medical Insurance is excluded from the rate structure and billed separately. The new RFP requires that all costs be fully loaded into our rates. We have thus included this cost in our hourly rates.

Training $0.20
Training is currently fully billable to the City. Under the new RFP, all costs must be included in the loaded rate. Inter-Con has thus included 24 hours of training in our rate structure.

Total of Increases $5.12
New Proposed PER Rate $38.37
Our new proposed rate is 5% lower than the Year 1 rate Inter-Con had initially proposed when the City requested a 5-year forecasted rate structure. Over a 3-year period matching this RFP’s initial term, we estimate this will save the City approximately $75,000 from our original forecast.

Below we provide an estimated three-year budget at our proposed rates and the schedule outlined in the RFP:

Year 1
Position HPW Bill Rate Annual
Budget
Parking Enforcement Rep. 88 $38.37 $175,581.12
Senior Parking Enforcement Rep. 40 $39.74 $82,659.20
Total Year 1 128 $258,240.32
Year 2
Position HPW Bill Rate Annual
Budget
Parking Enforcement Rep. 88 $40.72 $186,334.72
Senior Parking Enforcement Rep. 40 $42.15 $87,672.00
Total Year 2 128 $274,006.72
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CONFIDENTIAL
Year 3
Position HPW Bill Rate Annual
Budget
Parking Enforcement Rep. 88 $42.36 $193,839.36
Senior Parking Enforcement Rep. 40 $43.86 $91,228.80
Total Year 3 128 $285,068.16
Grand Total Three Year Budget (Not to Exceed) $817,315.20 COMPONENTS OF INTER-CON’S BILL RATES
In the spirit of transparency, we have outlined the major components that comprise the rates presented above.

Our pricing is customizable, and to the extent that the City desires an alternative approach to a specific cost item (such as Training, Vacation, Holiday, etc.), we are open to discuss and modify our rates accordingly.

COMPENSATION
Inter-Con’s compensation reflects the impact of a tightening labor market as well as rising cost of living, as inflation continues to remain high. We have compared our wages to market data provided by our partnership with Salary.com as well as wages paid on other, similar parking enforcement programs. For reference, InterCon currently pays our Parking Enforcement Representatives (PERs) a wage of $17.90/hour, which was effective on July 1st, 2022. Other parking enforcement programs in the nearby area have an average wage of $18.65.

Heading into the next contract period, which is expected to begin in mid-December per the RFP, we have proposed a wage of $18.75 for the base PER on the City of Glendora program. This will ensure employee compensation maintains pace with the rapidly rising cost of living driven by high inflation of 8.2% in the last twelve months and is competitively in-line with other parking programs.

Each year thereafter, we have scheduled wage increases that will track with an estimated cost-of-living increase of 6% and 4%, respectively.

Position Year 1 Year 2 Year 3
Parking Enforcement Rep. $18.75 $19.90 $20.70
Senior Parking Enforcement Rep. $19.75 $20.95 $21.80

PAID TIME OFF (PTO)
All personnel will receive 40 hours of Paid Time Off (PTO).

HOLIDAYS
All employees receive a holiday benefit of eight (8) paid hours, which will be pro-rated for part-time employees, included in the bill rate. Inter-Con recognizes six (6) holidays as shown in the table below.

Recognized Holidays
New Year’s Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
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CONFIDENTIAL

MEDICAL INSURANCE
Inter-Con has fully incorporated our estimated cost for medical insurance premiums into our bill rates.

All non-management personnel will be offered an Affordable Care Act (ACA) compliant Bronze-style medical plan at a 70/30 employer/employee cost sharing split.

Though these costs are currently included in our rates, Inter-Con would like to make the City aware that the most cost-effective solution to handling insurance premiums is to bill them as a separate passthrough. Because premiums are highly unpredictable across contracts, security providers must ultimately over-estimate the percentage of the population that will enroll in various insurance offerings in order to ensure that premiums are covered. When this figure is included in all-inclusive hourly rates, it leads to unnecessarily high costs for clients, who may end up paying for individuals who are not actually enrolled.

Under a direct passthrough, however, the City would only pay for employees that actually choose to enroll. We provide this service to many of our current clients and have found that it both protects our clients from unnecessary cost and provides further transparency into our rates.

PAYROLL TAXES & INSURANCE
Inter-Con has included the cost of all applicable federal, state, and local taxes in our fully loaded rates. These taxes include the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), State Unemployment Insurance (SUI), Worker’s Compensation (WC), Liability Insurance, and Fidelity Bond.

TRAINING
New Hire pre-assignment training will include the following hours shown in the table below, all fully burdened in our bill rates.

Pre-Assignment Training (Unbillable)
Position Training Hours
Parking Enforcement Rep. 24
Senior Parking Enforcement Rep. 24
Additionally, per Q&A, Question 2, we understand that any training provided by a Glendora Police Department Officer would take place during the security officer's regular hours, therefore, they would be billable.

Lastly, all personnel will receive sixteen (16) hours of refresher training annually to ensure their skills are kept current and new security knowledge and procedures are transferred on a regular basis. This refresher cost has been included in our rates.

UNIFORMS & EQUIPMENT
We have priced the following uniform, though we can work with the City to revise the uniform specification, if the City desires a different look.

Item Qty.

Long Sleeve Shirt 3
Short Sleeve Polo Shirt 3
Dark Blue Short Pants 2
Dark Blue Trousers 2
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CONFIDENTIAL

COMMUNICATIONS & TIMEKEEPING
Inter-Con is pleased to utilize a proprietary mobile solution that was developed in partnership with Salesforce and enables unprecedented transparency and accountability for our security programs. This solution includes biometric time and attendance recordkeeping, incident reporting, GPS tracking, and Virtual Post Inspections, among many other solutions. This solution is available on any mobile device, and can be delivered as outlined below, at your preference:
x Inter-Con Provided Mobile Devices: Inter-Con recommends that clients elect for us to provide our own smartphones to be placed at each post. This Inter-Con provided device is locked down and can only be used for the security purposes outlined above. If requested, Inter-Con provided smartphones are available at a per unit charge of $100/month.
x Inter-Con Provided Radios: Some clients prefer that personnel be equipped with radios instead of cellular phones. While we find that radios ultimately have fewer capabilities than a smartphone, there are instances when these devices are more suitable to the scope of work. If requested, Inter-Con provided radios are available at a per unit charge of $75/month. Base Stations, if required, will be billed at a passthrough with pricing estimated at time of request once specifications are fully known. x Inter-Con Provided Kiosks: In the event that a client does not wish to deploy phones to each post, Inter-Con is able to provide a mobile kiosk that can be used by multiple Officers for biometric clock-in and -out of posts, report writing, and other functions. These kiosks can be mounted in a convenient location at guardmount, carried by a Supervisor, or utilized in some other manner. These devices are available at a per unit charge of $150/month.
x Officer Uses Personal Phone: While Inter-Con does not recommend this solution, the Inter-Con mobile application is available on any Apple iPhone or Android device. Thus, any Officer is able to use it for all of the solutions outlined above, including biometric clock-in and -out. Officers are reimbursed for using their personal phones, with no additional cost to you.

Inter-Con is pleased to be able to provide flexibly and seamlessly any of the above solutions outlined above for our clients. We are willing to provide any mix of the above solutions at your preference.

Parking Jacket 1
Safety Vest 1
Garrison Belt 1
Duty Belt 1
Keepers (4pk) 1
Shoes 1
Baseball Cap 1
IC Badge 1
Flashlight 1
Nametag 1
Raingear 1
White Tennis Shoes 1
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CONFIDENTIAL

VEHICLES
Inter-Con has priced in the cost of our bill rates two sedan style vehicles, including all expenses incurred in leasing, fueling, repairing, maintaining, equipping, and insuring the vehicles. No additional costs will be charged to the City for operation of these vehicles. Should an additional vehicle be required, we will adjust our rate accordingly.

SCREENING
All new Officers will undergo below screening:

Screening
Federal Criminal
Social Security Trace
National Criminal Index Plus
Statewide Criminal
County Criminal
Drug Test
Physical Exam
DOJ Fingerprint

GROSS RECEIPTS TAX / SALES & USE TAX
Any Gross Receipts and/or Sales & Use Taxes that are applicable to the places of performance included in this contract have not been included in our rates. These costs, if applicable, will be billed as a separate line item on our invoice.

INDIRECT OVERHEAD
This cost component represents program-allocated resources related to our Security Operations Center located in Pasadena, CA, which provides 24/7 watch command & dispatch support as well as Virtual Post Inspection (VPI) of all personnel in the field. Additionally, this cost covers all of the allocated efforts of our recruiting, logistics, training, scheduling, administrative teams in support of the City’s security program.

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817,315.20

CONFIDENTIAL
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Contract for Parking
Enforcement
Glendora Police Department
City Council Meeting
January 10, 2023
Julie Linger, Management Analyst CityOfGlendora.org
Item #15. Page 130
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2 Background
• On July 8, 2008, the city entered a contract with Inter-Con Security Systems (InterCon) to provide parking enforcement services. • This contract was extended several times and expired on October 9, 2022. Inter-Con is currently providing services on a month-to-month basis. • Request for Proposals (RFP) opened on October 25, 2022. Inter-Con and one other vendor submitted proposals.

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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 Scope of Services
• Inter-Con hires, trains, schedules, and equips their employees. • All parking enforcement officers are also licensed security guards. • Contract provides 128 hours of weekly service.
• During contract hours, Inter-Con employees are under the supervision of the police department watch commander.

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5 Prior Performance of Inter-Con
• Providing services to Glendora since initial contract in 2008. • Also provides services to several cities in the San Gabriel Valley. • Experienced officers know the city.
• Extremely low number of complaints. No sustained complaints. • Besides parking enforcement, they have located stolen vehicles, DUI drivers, and interrupted burglaries.
• City satisfied with current services provided.

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6 Fiscal Impact
• First year cost of the contract is $258,240.32, with a cost-of-living adjustment of 6% and 4% in the following years.
• 5% lower than the estimate provided by Inter-Con in April for budgetary planning purposes.
• Average yearly cost is 28% less then the other qualified vendor’s proposal. • Revenue generated from citations and permits during fiscal year 2021 was $487,764.07.

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7 Recommendation
• The City Council approve a three-year contract with two optional oneyear extensions, with Inter-Con Security Solutions Inc. for parking enforcement related services for the City of Glendora.

Item #15. Page 136
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 10, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: APPROVE THE INTER-UTILITY SERVICE AND CO-FUNDING AGREEMENT WITH

SOUTHERN CALIFORNIA GAS COMPANY FOR PERFORMING WATER

EFFICIENCY INSTALLATION SERVICES AS PART OF WATER CONSERVATION PROGRAM, IN AN AMOUNT NOT TO EXCEED $250,000 (STRATEGIC PLAN ITEM 8-IFSS)

RECOMMENDATION
That the City Council:

1. Approve the inter-utility service and co-funding Agreement with Southern California Gas Company for direct installation of water efficiency devices as part of a cooperative gas and water efficiency program in an amount not to exceed $250,000; and

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

EXECUTIVE SUMMARY
The City of Glendora is constantly seeking innovative ways to offer its customers more comprehensive and efficient programs while meeting annual water conservation goals. One of the ways to achieve greater water savings is to leverage existing successful programs provided by other utilities or agencies. This inter-utility partnership with Southern California Gas Company (SoCalGas) will offer more comprehensive utility savings programs, find new additional water and energy savings through existing SoCalGas programs and expand resources to achieve water conservation goals.

SoCalGas provides energy efficiency related services to its customers throughout Southern California, including no-cost direct installations of energy and water-saving measures at customer’s homes. The City of Glendora’s partnership with SoCalGas will give residents an opportunity to participate in a resource efficiency program that includes the direct installation of natural gas and hot and cold-water savings measures.

The cooperative partnership is to jointly develop, promote and implement various customer programs aimed at reducing water. SoCalGas is the sole source provider of natural gas in the community that is uniquely established to advance water savings measures with their existing contractors. SoCalGas company contractor’s products and services are at a below-average cost.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On May 24, 2022, 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.

Item #16. Page 1
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Staff Report Page 2 of 3

DISCUSSION
There is a significant amount of imbedded energy in water infrastructure. As a result, SoCalGas has initiated a series of programs to help customers increase their gas and water use efficiency.

SoCalGas has established partnerships with other water agencies including West Basin Municipal Water District and the Metropolitan Water District of Southern California. These programs have shown to increase the efficiency and reduce costs for implementing Conservation programs while increasing customer satisfaction of having a “one-stop” source for participating in Conservation programs.

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.

Customer participation is a key element in responding to exceptional drought conditions and supply shortages. Due to current drought conditions and the extensive media coverage, in conjunction with our own outreach efforts, there is an increased awareness of water conservation.

Therefore, we anticipate a higher demand for water saving fixtures and devices in the next year.

Direct installation of water efficiency devices offers an easy way for water customers to respond to exceptional drought conditions and supply shortages. Retrofitting high flow showerheads, faucet aerators and toilets with low flow, high efficiency fixtures can have a substantial impact on indoor water use. Similarly, upgrading irrigation systems with weather-based irrigation controllers and smart hose bibb controllers can significantly reduce outdoor water use. SoCalGas’ direct installation program offers these kinds of retrofit services as part of their scope of work.

The proposed contract with an exemption from competitive bidding requirements pursuant to City of Glendora Municipal Code 2.40.100 (c) Procurement of services, section (3) Whereas, SoCalGas is the only sole source, and the designee is satisfied that the best price, terms, and conditions for the procurement thereof have been negotiated.

FISCAL IMPACT
$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 $250,000.

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 Myla Decastro, Management Analyst
Concurs With Not Applicable
Reviewed By Chisom Obegolu, Assistant Director- Water Division 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
Item #16. Page 2
Meeting Date: 1/10/2023 / Packet Page #: 759
Staff Report Page 3 of 3
ATTACHMENTS:

A. Presentation
B. Contract Agreement with Southern California Gas Company Item #16. Page 3
Meeting Date: 1/10/2023 / Packet Page #: 760
Inter‐Utility Service and Co‐Funding Agreement by
and between Southern California Gas Company and City
and City of Glendora (8-IFSS)
1 Public Works, Water Division
Regular City Council Meeting
Item #
January 10, 2023
Russell Ackerman, Senior Management Analyst
CityOfGlendora.org
Item #16. Page 4
Meeting Date: 1/10/2023 / Packet Page #: 761
Objectives:
2 • Public Works Water Conservation section in conjunction with Southern California Gas Company to assist on conservation conducting direct installation of indoor and outdoor water-efficient devices for residential properties.
• SoCalGas Co. can provide Water Conservation Professional Services including indoor plumbing fixtures and irrigation controller retrofits for all residential customers of the City of Glendora Water Division.

Item #16. Page 5
Meeting Date: 1/10/2023 / Packet Page #: 762
SoCal Gas Company
• Residential Direct Install Programs
• Metropolitan Water District
• West Basin Municipal Water District
3 Item #16. Page 6
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Indoor plumbing fixtures
• Up to:
• 2 HET toilets
• 1 toilet leak detection toilet strip
• 1 kitchen faucet aerator
• 4 bathroom sink aerators
• 2 showerheads
4 Item #16. Page 7
Meeting Date: 1/10/2023 / Packet Page #: 764
Irrigation Retrofits
• Up to:
• 1 Smart irrigation controllers
• 1 Smart Hose bibb controllers
5 Item #16. Page 8
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Financial Impact:
6 • 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 up to but not to exceed $250,000.

Item #16. Page 9
Meeting Date: 1/10/2023 / Packet Page #: 766
SoCalGas will perform all the work at the rates on Price sheet listed below:
7 Measure and Rebate Amount:

Device Type
Maximum Devices
Per Household for
Direct Install
Total Households Total
Devices
Agency Cost Per
Device Total Cost
Toilet (1.1 gpf or less) to
replace 1.6 gpf or greater
includes lid, supply line
and wax ring
2 160 320 $425 $136,000
Smart Irrigation Controller 1 160 160
$330 (8 zone)
$425 (16 zone)
$52,800
Smart Hose Bib Irrigation
Controller 1 55 55 $150 $8,250
Toilet Leak Detection Strip
with EE Kit 1 160 160 $30 $4,800
Faucet Aerator Kitchen 1 160 160 $4 $640
Faucet Aerator Bathroom 4 160 640 $4 $2,560
Showerhead 2 160 320 $30 $9,600
Marketing $12,623
Sub Amount $227,273
SCG Admin Fee
(10%)
$22,727
Total Amount $250,000
Item #16. Page 10
Meeting Date: 1/10/2023 / Packet Page #: 767
Other programs offered by SoCalGas Co.
• SoCal Marketplace - clothes washers, dish washers
• Multi-Family, Manufactured Home, Public Agency
Programs
The cooperative partnership is to jointly develop, promote and implement various customer programs aimed at reducing water. SoCalGas is the sole source provider of natural gas in the community that is uniquely established to advance water savings measures with their existing contractors. SoCalGas company contractor’s products and services are at a below-average cost. 8 Item #16. Page 11
Meeting Date: 1/10/2023 / Packet Page #: 768
9 Recommendations:

That the City Council:

1. Authorize and approve to enter into an inter-utility service and co-funding agreement with Southern California Gas Company for direct installation of water efficiency devices as part of a cooperative gas and water efficiency program in an amount not to exceed $250,000;

2. Grant the proposed contract with an exemption from competitive bidding requirements pursuant to City of Glendora Municipal Code 2.40.100 (c) Procurement of services, section (3). Whereas, Southern California Gas Company is the only sole source, and the designee is satisfied that the best price, terms, and conditions for the procurement thereof have been negotiated

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

Item #16. Page 12
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QUESTIONS?
10 Item #16. Page 13
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 10, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: APPROVE A CONTRACT AGREEMENT WITH MYERS HOUGHTON & PARTNERS, INC.

FOR THE LIBRARY STRUCTURAL ANALYSIS AND OPTIONS FOR VERTICAL EXPANSION PROJECT (STRATEGIC PLAN ITEM 46-IMCIF)

RECOMMENDATION
That the City Council:

1. Approve an Agreement with Myers Houghton & Partners, Inc. for the Library Structural Analysis and Options for Vertical Expansion project in the amount of $215,941 and a 10% contingency in the amount of $21,595, for a total contract not to exceed $237,536;

2. Authorize the City Manager or his designee to execute the Agreement with Myers Houghton & Partners, Inc., including minimal and/or non-substantive changes; and

3. Approve a supplemental appropriation from the Capital Projects Fund 321 to the project in the amount of $88,651.

EXECUTIVE SUMMARY
The Glendora Public Library (Library) was built in 1972, and various studies have been conducted to address structural deficiencies and recommend repairs. Most recently, a preliminary assessment was conducted on the roof framing system and slab that form the base of the Bidwell Plaza (Plaza). Based on the issues identified, and long-term planning discussions, it was decided that more in-depth assessment was necessary to better inform decisions around the Library building’s future.

A Request for Proposals (RFP) process was conducted for in-depth structural analysis and evaluation of the Library’s suitability for major renovations, including a potential second-story addition. Five proposals were received, and based on evaluations and interviews, staff determined Myers Houghton and Partners, Inc.’s (MHP) proposal best meets the City’s needs.

Staff recommends that City Council award MHP an agreement in the amount of $215,941.00, authorize staff to execute the agreement and any change orders in an amount not to exceed 10% of the original contract sum, for a potential total of $237,535.10, and authorize staff to appropriate an additional $88,650.81 towards the project budget from Capital Projects Fund 321.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Library is a two-story reinforced concrete and concrete masonry structure with 27,000ft2 of covered area next to Glendora City Hall. The Bidwell Plaza serves as the majority of the lower floor’s roof.

Construction was completed in 1972, and since then various studies have been conducted to address structural deficiencies and recommend repairs. Issues with water infiltrating the main Library floor after rain events have existed essentially since the Library’s initial construction, with notes from as early as 1978 referencing ongoing repairs to the Plaza and water leaks being less than in previous years. The most recent major exterior renovations were completed in 2004, reinforcing the north-side load-bearing wall and supporting columns, and resurfacing the Plaza.

Item #17. Page 1
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Staff Report Page 2 of 11
2004 Rear Wall Reinforcement
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2004 Column Reinforcement
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2004 Plaza Resurfacing
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2004 Plaza Resurfacing
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2004 Plaza Resurfacing
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2004 Plaza Resurfacing
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2004 Plaza Resurfacing
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2004 Plaza Resurfacing
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DISCUSSION
As an initial design step for the planned Bidwell Plaza Renovation and Library Building Exterior Weather Proofing capital improvement project, City staff contracted with JMDiaz, Inc. in 2021 to assess the feasibility of adding a shade structure to the Plaza. While conducting the first site visit, visible cracking was noted in the beam system of the Library ceiling. Based on discussions, a decision was made to modify the scope of the existing assessment to perform a preliminary evaluation of the entire structure.

This was completed in June 2022, and based upon its findings, a more comprehensive evaluation of the Library is recommended, including more in-depth structural analysis with material testing. Beyond potential structural issues, other infrastructure improvements, remodeling, and modernization needs have also already been identified, and should be considered when evaluating the building’s overall suitability for major renovations from a functional and financial standpoint. They include but are not limited to an anticipated overhaul of the entire heating, ventilation, and air conditioning (HVAC) system, significantly reconfiguring the interior, at minimum effectively repairing the Plaza area, or more ideally either adding a second floor where the current Plaza is, or enriching it with shade and other amenities that would bring additional loading and anchoring requirements.

On September 22, 2022, a Request For Proposals (RFP) was issued via QuestCDN with a due date of October 20,2022. Along with the typical public advertising, staff directly contacted all on-call consultant companies to make them aware of the RFP, as well as other qualified firms with whom the City had past positive experiences.

On October 5, 2022, staff conducted a pre-submittal job walk with 15 representatives from 12 different consultant firms. During this walk, City staff and prospective consultants physically visited the Library, visually inspected the building, and clarified any inquiries regarding the project scope of work raised at that time. Subsequently, five qualified firms submitted proposals. Interviews with the submitting firms’ representatives were conducted by Public Works and Library staff during the first week of November, and the overall proposals were then independently evaluated based on experience, project understanding, and deliverability of the project, as well as responses to any follow up questions.

Based on the evaluation, MHP’s proposal was selected as best meeting the needs of the City. MHP will work with the City to develop the scope and estimated costs for:
(1) Repair, seismic strengthening, and renovation of the existing Library and Plaza, (2) Repair, seismic strengthening, and renovation of the existing Library structure, including added support for the addition of a second floor and/or other potential structurally significant Plaza improvements, and
(3) Demolition and construction of a new Library.

MHP will collaborate with the City to understand the existing conditions, and the needs and goals of the City for the Library. Existing space utilization mapping, shelving footprint mapping, and Building Code assessment will be completed as part of project. A final report, including cost estimates is anticipated by the end of April 2023.

FISCAL IMPACT
Sufficient funding is available in the Capital Projects Fund Reserve to fund the additional appropriation in the amount of $88,651.

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act provisions pursuant to Section 15302(c). The Notice of Categorical Exemption is attached for City Council as Attachment A.

Item #17. Page 10
Meeting Date: 1/10/2023 / Packet Page #: 799
Staff Report Page 11 of 11
Prepared By Michael Mai, Associate Civil Engineer
Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant 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. MHP Proposal
B. Glendora-MHP Agreement
C. Preliminary Assessment
D. Presentation
Item #17. Page 11
Meeting Date: 1/10/2023 / Packet Page #: 800

REQUEST FOR PROPOSAL
QuestCDN#: 8299133
FOR

LIBRARY STRUCTURAL ANALYSIS AND

OPTIONS FOR VERTICAL EXPANSION

THE CITY OF GLENDORA
ATTN: MICHAEL MAI, ASSOCIATE CIVIL ENGINEER
116. E. Foothill Boulevard
Glendora, CA 91741
Item #17. Page 12
Meeting Date: 1/10/2023 / Packet Page #: 801

TABLE OF CONTENTS

1. Cover Letter……………………………………………………………………………………….....…………….…......1 - 2

2. Work Experience.…………………………………………………………………………………………………..……..3 - 5

3. Project Understanding & Approach……………………………………………………………………………..….......6 - 7

4. Scope & Services…………………………………………………………….……………………………………..….…8 - 9

5. Schedule……………………………………………………………………………….………………………...........10 – 11

6. Subconsultant Qualifications...........................................................................................................................12 - 16 Fee Proposal……………………………………………………………………………………………………....See Exhibit A Item #17. Page 13
Meeting Date: 1/10/2023 / Packet Page #: 802
October 20, 2022

CITY OF GLENDORA
ATTN: Desiree Hernandez
116 E Foothill Blvd, Glendora, CA 91741
Primary MHP Contact & Project Manager for Solicitation:

Lance Kenyon, S.E., President & Principal, [email protected] Kyle White, S.E., Project Manager, [email protected]
Phone: (562) 985-3200 | 3900 Cover Street, Long Beach, CA 90808 Re: Request for Proposal – Library Structural Analysis and Options for Vertical Expansion MHP, Inc. Structural Engineers (MHP) is pleased to submit our response to RFP Quest No. 8299133 for professional services to conduct an in-depth structural analysis of the existing library structure including material testing, geotechnical investigation, and assessment of the feasibility of a second-floor addition. We are confident the enclosed Statement of Qualifications with our team of sub-consultants will thoroughly highlight our ability to support The City of Glendora in fulfilling the outlined scope of services.

MHP, Inc. Structural Engineers is a Long Beach based structural engineering consulting firm that provides a broad range of services, including structural design, seismic risk assessment, and seismic strengthening for commercial, institutional, education, and civic buildings. MHP has an experienced staff of 43 professionals including 24 licensed Civil & Structural Engineers. We have a high-level of structural engineering expertise in areas such as seismic evaluation and strengthening, structural condition assessment, computer modeling, non-linear analysis, code development, peer review, and performancebased engineering (such as ASCE/SEI 41).

MHP has extensive experience working with institutional and government clients and is aware of the responsibilities our civic clients have to their constituents and the necessary oversight and demands on the City’s consultants. As with our on-call contract for Glendora, MHP holds several other on-call contracts for public agencies and institutions such as NASA-JPL, County of Los Angeles, and several California State Universities, providing valuable experience for our service to cities like Glendora. The proposed library feasibility assessment is perfectly aligned with our particular experience in seismic evaluation and strengthening projects for various cities throughout Southern California.

MHP’s Lead Project Manager, Kyle White will be responsible for overseeing the project team and will maintain primary knowledge and control of all tasks associated with the project. He will participate in all meetings and discussions and will be very well-versed in the details and specifics of the project. Kyle will interact directly with City staff and our team of subconsultants to ensure conformance with the project guidelines, schedules, and applicable code requirements. Kyle has extensive experience in evaluation and retrofit of all building types, including many complex projects, from the conceptual design stage involving extensive material testing and geotechnical investigation, selection of a strengthening approach, and through construction completion. Kyle is an excellent communicator and facilitator, and has experience presenting seismic evaluation, retrofit, and feasibility study findings and recommendations to City Councils.

In order to fulfill the outlined scope of services for the City of Glendora Library project, MHP has assembled a team of subconsultants that will assist us in meeting the project needs. Our consultant team is as follows:
 Pfeiffer Architects will serve as Project Architect. Pfeiffer's planners and designers are among the most experienced professionals focused on academic libraries in practice in the U.S. today. Led by Gili Meerovitch and Stephanie Kingsnorth, this practice has experience in strategic facilities planning for a broad spectrum of libraries for public and private institutions across North America.
1 Item #17. Page 14
Meeting Date: 1/10/2023 / Packet Page #: 803
City of Glendora
Re: Library Structural Analysis and Options for Vertical Expansion (RFP Quest No. 8299133) October 20, 2022
 P2S, Inc. will provide Mechanical, Electrical, and Plumbing consultation. Their expertise in providing sustainable engineering solutions throughout California and beyond for over 31 years make them an asset to the team. They have specific project experience with library renovations and seismic strengthening.  ENGEO will provide Geotechnical and Site Seismic Hazard analysis. The engineers and semiologists at ENGEO have developed precise methodologies for performing seismic hazard and site-response analyses for new structures and existing buildings. Their approach allows structural engineers to provide optimized earthquake engineering, typically resulting in significantly more efficient superstructure designs in seismically active urban environments.  Accu-Test Structural Laboratories of Calabasas will provide materials testing and laboratory services. For the last 30 years, day or night, Accu-Test have been actively involved in structural testing, investigations, inspections, and building construction related operations for Commercial, Industrial, and Historical buildings.  Cumming will serve as Cost Estimator for the project. Cumming has completed more than 2,100 projects for city- and county-operated facilities. These projects have involved parks, public spaces, city halls, civic centers, libraries, offices, community centers, public works, among many others.

The Project Team is available to commence the project immediately upon approval by the City Council and Notice to Proceed.

MHP looks forward to utilizing our past 49 years of experience, and our commitment to safe buildings, to provide Structural Engineering and Project Management Services for the City of Glendora. All information included in this SOQ is accurate and current.

Sincerely,
Lance Kenyon, M.S., S.E, CA S3399
President and Principal
2 Item #17. Page 15
Meeting Date: 1/10/2023 / Packet Page #: 804
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022

2. Work Experience

1. Project Name: Beverly Hills City Hall – Seismic Evaluation & Strengthening  Description: Starting in 2018, MHP has supported the City of Beverly Hills through the development of a phased seismic strengthening program for the historic City Hall. MHP conducted an initial ASCE/SEI 41-13 seismic evaluation and developed a conceptual phased strengthening design which was presented to and accepted by City Council. The first phase of strengthening, which addresses the stability of the central tower and included materials testing scope, was completed in 2022. City Hall remained operational throughout the strengthening work. Included in the project were substantial nonstructural upgrades and the addition of a new rooftop event space. The second phase of strengthening will incorporate base isolation to enhance resiliency and protect the historic structure.  References: RAW Intl, Roland Wiley, [email protected], (213) 622-4993 City of Beverly Hills, Mandana Motahari, AIA, [email protected], (310) 288-2866  Final Contract Amount: $11M
 Duration: 2018-present

2. Project Name: CSULB Center for Student Success – Seismic Evaluation & Strengthening  Description: The project consisted of the evaluation, renovation, and addition to a two-story classroom/science building over basement, constructed in the 1950s and enclosing approximately 80,000 sq. ft. The structure is split into seismically separated West and East wings. MHP provided detailed ASCE/SEI 41-13 seismic evaluation, feasibility study and retrofit concept development, support for major renovation, and overall seismic strengthening. Detailed structural analysis and strategic strengthening through shotcrete and fiber-reinforced polymer overlay permitted the addition of a new second story classroom and gathering space.
 References: AECOM, Mark McVay, Design Principal, [email protected], (714) 567-2400 CSU Long Beach, Mark Zakhour, Associate Vice President, Beach Building Services, [email protected], (562) 985-7592
 Final Contract Amount: $29M
 Duration: 2 years

3. Project Name: 100 Wilshire – Seismic Evaluation Using Non-Linear Methods  Description: The project consisted of the ASCE/SEI 41-17 seismic evaluation of a 255,000-sq. ft., 21- story office tower over three levels of subterranean parking. The project objective was to demonstrate compliance with the City of Santa Monica mandatory seismic retrofit ordinance for non-ductile concrete (NDC) buildings. Initial linear analysis indicated substantial strengthening needs. Ultimately, an ASCE/SEI 41-17 Tier 3 comprehensive non-linear dynamic analysis was completed to evaluate the structure and establish compliance. Materials testing was conducted within the occupied building to determine existing construction details and material properties.  References: Douglas Emmett, Robert Lutes, Senior Vice President, [email protected], (310) 985-0726
 Final Contract Amount: $230,000 (SE Fee)
 Duration: 1 year
3 Item #17. Page 16
Meeting Date: 1/10/2023 / Packet Page #: 805
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach, CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com

4. Project Name: Jet Propulsion Laboratory Bldg. 183 Seismic Evaluation & Strengthening  Description: Bldg. 183 is a nine-story building constructed in the late 1960’s. Starting in 2016, MHP has provided evaluation and feasibility study services for the project to establish an efficient strengthening design which could be implemented for the building to achieve Immediate Occupancy structural performance without impacting operations within this Mission Critical structure. The seismic strengthening approach consists of the addition of external buckling-restrained braced frames, shotcrete overlay on the existing masonry walls, and the addition of a 60-foot-tall concrete buttress shear wall. The project is currently permitted and awaiting the start of construction.  References: Jet Propulsion Laboratory, Daniel Novak, Facilities Engineering & Construction [email protected], (818) 354-2396
 Final Contract Amount: $466,000 (SE Fee)
 Duration: 2 years

5. Project Name: 1202 3rd Street Promenade – Seismic Evaluation & Strengthening  Description: MHP supported the Client, Federal Realty, in evaluating code seismic retrofit requirements for repositioning an existing retail/office building in Santa Monica. The scope included code review, feasibility studies for various proposed occupancies, meetings with the head of building and safety, and ultimately resulted in a major seismic upgrade and replacement of the first and second floors of the building to accommodate a heavier live load for the fitness tenant and to facilitate the seismic retrofit design.
 References: Adam Van Dale, Federal Realty [email protected] , (310) 414-5287  Final Contract Amount: $14M
 Duration: 18-months

6. Project Name: Long Beach Police Department East Division Police Department Substation  Description: The project consists of a comprehensive seismic evaluation and complete renovation of a 1960’s brick and masonry L-shaped building with one and two-story portions, including a high roof assembly space. The structure was converted from an Army Reserve office/classroom building to the new Long Beach Police Department East Division Sub-Station.  References: Environ Architecture, Alan Burks, [email protected], (562) 495-7110 x2  Final Contract Amount: $4.5M
 Duration: 3 years

7. Project Name: Armory Arts Collective – Seismic Evaluation & Strengthening  Description: MHP has completed code research, discussions with the City of Long Beach building department and preliminary design for a major renovation to the National Guard Armory at 854 E. 7th Street. The proposed mixed residential/education project does not increase the code Risk Category for the building, therefore per the Existing Building Code only a wall anchorage seismic upgrade is required. A preliminary design for the renovation and strengthening has been completed.  References: Studio One Eleven, Michael Bohn, Senior Principal, [email protected] (562) 901-1500
 Final Contract Amount: Pending
 Duration: Construction pending
4 Item #17. Page 17
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City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach, CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com

8. Project Name: 9665 Wilshire – Seismic Evaluation & Strengthening  Description: MHP conducted an ASCE/SEI 41 Tier 3 comprehensive evaluation of the building during acquisition and subsequently completed a performance-based, non-linear analysis for the building using time-history records for the specific site conditions. In addition, MHP designed a fluid viscous damper retrofit, exterior modernizations of the lobby, and exterior plaza and ground floor elevations of the building. The retrofit approach was strategically selected to allow the building to remain occupied and operational during construction.
 References: Douglas Emmett, Robert Lutes, Senior Vice President, [email protected], (310) 985-0726
 Final Contract Amount: $2.6M
 Duration: 2 years

9. Project Name: The Pacifican – Seismic Strengthening
 Description: The project consists of a six-story non-ductile concrete condominium building encompassing a total of 32-units constructed circa 1977 in Santa Monica, California. The building has two parking levels below street level, and an outdoor, in-ground pool. Total lot square footage is approximately 22,484 square feet. Initial linear analysis indicated substantial strengthening needs to attain compliance with the Santa Monica Seismic Retrofit Ordinance. MHP has undertaken non-linear dynamic analysis including the effects of soil-structure interaction to assist in reducing the extent and impacts of strengthening.
 References: Pacifican Homeowner's Association, Bruce Weyne, [email protected] (310) 999-5134
 Final Contract Amount: TBD
 Duration: 2019-present

10. Project Name: 16633 Ventura Blvd, Encino, CA – Seismic Strengthening  Description: The project consists of a 14-story office building constructed circa 1970. 14 elevated floors are comprised of ten office levels stacked over three parking levels and one at-grade parking level. The project is subject to the requirements of the Los Angeles Non-Ductile Concrete Ordinance.

Initial linear analysis methods indicated substantial strengthening needs which would have impacted tenant operations. To mitigate this, MHP is employing non-linear analysis methods to assist in reducing strengthening needs and facilitate the use of fluid viscous dampers. This approach allows nearly the entirety of the strengthening work to be completed outside of tenant and office spaces. The adjacent parking structure is being retrofit to allow the addition of a new parking level while attaining compliance with the Ordinance.
 References: Michael John Klein, [email protected], (818) 707-0433  Final Contract Amount: TBD
 Duration: 2019-present
5 Item #17. Page 18
Meeting Date: 1/10/2023 / Packet Page #: 807
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach,CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com

3. Project Understanding & Approach
Overall
This important project consists of two distinct phases, each with unique needs. The City will benefit greatly by selecting a team of design professionals with both significant seismic retrofit experience and experience with library design and programming.

The team will work with the City to develop the scope and estimated cost for each of the following three options: repair and seismic strengthening of the existing library structure, repair and strengthening of the library structure including support for the addition of a second floor, and construction of a new standalone library. Based on the study outcomes and in further consultation with the design professionals, the City will be able to objectively weigh the options and determine the optimal path forward for their needs.

Phase 1 - Evaluation of Existing Structure
The first phase of the project primarily includes structural evaluation of the existing library structure. The goal of this study is to provide a comprehensive structural evaluation per ASCE/SEI 41-17 methodology and a technical report that describes to the City the current condition of the library building and any repair or strengthening work required to meet the City’s continued use and seismic resiliency goals. This phase will include development and implementation of a Materials Testing and Condition Assessment Program and completion of an appropriate Geological Investigation and report. The Structural Engineer must have significant experience conducting building assessments, performing comprehensive seismic evaluations, coordinating development of geotechnical/site seismic hazard analysis scope and materials testing programs to facilitate an efficient strengthening design. Clear and accessible communication is a must to ensure that the City understands the range of options for seismic performance goals, where the existing building stands with respect to those goals, and the potential options for enhancing the seismic performance of their building. MHP has extensive and demonstrated experience facilitating similar successful projects with public and private entities.

In addition to the structural scope, other infrastructure, remodeling and modernization considerations will be addressed by the consultant team. Architectural and MEP systems affected by strengthening or repair scope will be evaluated, as will potential upgrades to HVAC systems and desired reconfiguring of the main floor spaces, upstairs meeting room and kitchen area, and enriching the existing roof plaza area with shade and other amenities.

Conceptual plans for the seismic and structural work, a technical report and a professional cost estimate for the work will be deliverables to the city, along with all supporting materials (geotechnical report, testing results, photos).

Phase 2 – Feasibility of Second Story Addition
The second phase or task (which is anticipated to overlap the first phase) includes determining the feasibility and cost of expanding the second floor with an addition. The scope of the second phase is currently broadly defined, as numerous options exist to configure the new and existing spaces, and the implications to structural and seismic systems, MEP systems, accessibility, exiting and sustainability are unknown. While this scope includes detailed and complex structural and seismic evaluation per ASCE/SEI 41-17 methodology, successful completion will require significant expertise, leadership, and experience of the Project Architect and MEP Engineers as well. The project team will work with the City to refine and develop the City’s vision for the future of the library and addition, including infrastructure, remodeling and modernization needs.

Architectural scope will include visioning workshops, information gathering, program analysis and concept development to identify an expanded facility and program in line with current library standards and the City’s needs. MEP scope will consider system capacities for both the second floor addition and existing floor areas as a new system may be sized to serve the entire building.

Deliverables to the City will include:
6 Item #17. Page 19
Meeting Date: 1/10/2023 / Packet Page #: 808
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach, CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com  Conceptual plans for the addition and for repairs/modifications to the existing building. Plans shall include conceptual level architectural, structural and seismic systems, and MEP systems for the expanded building (AutoCAD and pdf).  Technical report with structural analysis of the building per ASCE/SEI 41 methodology (Draft and Final, word and pdf).  Geotechnical report.
 Materials Testing report and results.
 Additional supporting materials as requested (photos, meeting notes, inspection reports).  Professional cost estimates for the work including:
o Mitigation of Existing Building Structure items
o Second Story Addition
o Construction of a brand new library of similar size
Recommended Deviations from RFP General Scope of Work
 It is recommended that the Geotechnical and Material Testing scopes of work be considered as estimated budgets, pending the development of formal scope of work documents for these team members (fixed fee quotes have been received for Material Testing and Cost Estimating).
 It is recommended that the fee structure for Phase 2 include an Optional Scope for Concept Development of the Addition Exterior Aesthetic (see Pfeiffer Proposed Optional Services III F). Development of Exterior Aesthetics for the addition could be extended to a future phase.
 The proposed Scopes of Service are comprehensive and may be appropriate for this complex project. However, adjustments in proposed scopes and fees to fit within the City’s anticipated budget can be accommodated. 7 Item #17. Page 20
Meeting Date: 1/10/2023 / Packet Page #: 809
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach,CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com

4. Scope and Services
The scope and services to be provided during the course of the project are described below. The project is divided into two phases or tasks: Evaluation of the Existing Structure and Feasibility of Second Story Addition. Timing and duration of some tasks will overlap as depicted in the Project Schedule.

Phase 1: Evaluation of Existing Structure
Prior to starting Phase 1, an ASCE/SEI 41 Structural Performance Objective will be established for the existing library building in consultation with the City. The Performance Objective consists of a pairing of one or more Seismic Hazard Levels with Structural and Non-Structural Performance Levels. This will be discussed in detail at the initiation of the project. a. Preparation of Condition Assessment and Material Testing Program In-situ material properties often vary from those specified on original design drawings. For example, concrete continues to cure well after the 28-day strength has been confirmed and may have considerable additional compressive strength.

Additionally, it is common to discover that conditions in the field do not perfectly match the conditions depicted on the available design drawings. Due to these facts, a Material Testing and Condition Assessment Program (“MTCAP”) in accordance with ASCE/SEI 41 will be developed in order to confirm in-situ material properties and existing construction detailing. The extent of the MTCAP is defined by ASCE/SEI 41 based on the Performance Objective for the project and is typically subject to Plan Review to attain concurrence on the extent of testing.  Deliverable: Structural Testing Plan
b. Site Visit
Site visits will be conducted along with City representatives and Accu-Test to facilitate preparation of a detailed bid for the testing and laboratory work. Sampling locations will be confirmed along with testing schedule (confirm if offhours/overnight work will be required).  Deliverable: Fee Proposal from Accu-Test
c. Execute Material Testing Program
Upon NTP for testing contract, Accu-Test will complete core extraction and compressive strength laboratory testing. d. Geotechnical Investigation & Seismic Hazard Analysis Based on the project Performance Objective and preliminary seismic evaluation findings, a geotechnical scope of work will be developed in consultation with the City. At this time, it is anticipated that Geotechnical work will consist of limited confirmatory borings, shear wave velocity profiling for site classification, and site-specific ground motion hazard assessment. Further scope may be added at a later date, pending the findings of the evaluation and feasibility study.  Deliverables: Geotechnical Scope of Work (by MHP), Fee Proposal from ENGEO, Geotechnical Investigation Report from ENGEO
e. Complete Structural Analysis and Evaluation, Prepare Conceptual Repair and Retrofit Drawings, Prepare Evaluation Report & Cost Estimate
A Tier 3 comprehensive seismic evaluation will be completed using the linear analysis provisions of ASCE/SEI 41-17 to establish current anticipated seismic performance of the existing building. Where required to meet the selected project Performance Objective, conceptual plans for strengthening will be provided. A cost estimate will be prepared based on the conceptual strengthening plans. The findings and basis for the recommended strengthening approach will be documented in an engineering report. Draft documents will be provided to the City for review and comment.

Final documents will be issued once City comments have been incorporated.  Deliverables: Conceptual Strengthening Plans, Cost Estimate, and Engineering Report 8 Item #17. Page 21
Meeting Date: 1/10/2023 / Packet Page #: 810
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach, CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com Phase 2: Feasibility of Second Story Addition
The project team will work with the City to refine and develop the City’s vision for the future of the library and addition, including infrastructure, remodeling and modernization needs. Conceptual plans will be developed and cost estimates will be completed.

Phase 2 scope of services is subject to further evaluation in consultation with the City prior to finalizing. It is anticipated that the City and project team will have consistent communication via virtual and in-person meetings during this phase, eliminating the need for numerous intermediate deliverables.
a. Discovery – Visioning, Information Gathering, Programming The Project Architect will collaborate with the City to understand the existing conditions, and the needs and goals of the City for the existing library and second story addition. Existing space utilization mapping, shelving footprint mapping, and Building Code Assessment will be completed. Review library findings, reports, and recommendations made to date. Establish programming needs.
b. Structural Evaluation of Existing Structure and Second Story Addition A Tier 3 comprehensive seismic evaluation will be completed using the linear analysis provisions of ASCE/SEI 41-17 for the retrofit structure with second story addition. Material properties and geotechnical and seismic hazard findings from Phase 1 will be utilized.
c. Mechanical, Electrical, and Plumbing systems Assessment and Scoping Infrastructure and systems upgrade needs for both existing library and addition will be defined. d. Prepare Conceptual Repair, Strengthening, and Addition Drawings, Final Report & Cost Estimate Based on the results of items “a” through “c”, conceptual Architectural, Structural, and MEP drawings will be developed as appropriate. A cost estimate will be prepared based on the conceptual plans. The findings and basis for the recommended approach will be documented in a project report. Draft documents will be provided to the City for review and comment. Final documents will be issued once City comments have been incorporated.  Deliverables: Conceptual Strengthening Plans, Cost Estimate, and Engineering Report 9 Item #17. Page 22
Meeting Date: 1/10/2023 / Packet Page #: 811
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach,CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com

5. Schedule
The Project Team is available to commence the project immediately upon approval by the City Council and notice to proceed (NTP). A detailed draft project workplan and schedule is provided below for both the Evaluation of Existing Structure scope and the Feasibility of Second Story Addition Scope. The overall schedule proposes completion of both Scopes in April of 2023, assuming a December 13, 2022 NTP date. This proposed schedule is provided as a draft, subject to review and acceptance by the City. Some portions of the schedule can be shortened or modified as desired to fit the City’s needs. Project dates are listed on a weekly basis, with Monday’s date listed.

The draft schedule proposes 14 weeks for the Evaluation of the Existing Structure Scope, including site visit, Material Testing and Condition Assessment Program (“MTCAP”, completed after hours), structural evaluation, reporting, retrofit concept drawings, cost estimation, and City review periods at designated milestones. This phase will predominantly involve Structural, Testing, Geotechnical, and Cost Estimation consultants.

The draft schedule proposes 13 weeks for the Feasibility of Second Story Addition Scope. This scope requires the full services of an Architect to understand and develop the City’s goals, assess current building conditions, desired improvements, programming, accessibility, and space planning needs. The schedule also considers assessment and consultation to be provided by Mechanical, Electrical, and Plumbing consultant to assess the City’s needs for new systems within the existing Library in support of a potential added story.

The Feasibility of Second Story Addition Scope overlaps somewhat with the Evaluation of Existing Structure Scope. This is based on the expectation that the structural needs for the strengthening of the existing library will be well-understood toward the end of the Evaluation phase, allowing for knowledgeable discussion of the potential options for the Second Story Addition. 10 Item #17. Page 23
Meeting Date: 1/10/2023 / Packet Page #: 812
City of Glendora
Library Structural Analysis and Options for Vertical Expansion Quest CDN #829913 – October 20, 2022
3900 Cover Street, Long Beach, CA 90808 562.985.3200 P 562.985.1011 F www.mhpse.com 11 Item #17. Page 24
Meeting Date: 1/10/2023 / Packet Page #: 813
Our Services
Our proven design process is characterized
by a collaborative approach with our clients
and consultants, based on experience and
driven by exploration.

We offer a comprehensive set of services to
take a project from a client’s need to a built
reality:
• Visioning
• Programming
• Feasibility Studies & Cost Analysis
• Strategic Master Planning
• Implementation Planning
• Test-fits
• Architectural & Interior design
• Space Planning
• Historic Renovation & Preservation
• Adaptive Reuse
• Construction Administration
• Furniture, Furnishings and Equipment
(FF&E)
• Art & Signage Selection & Installation
Support
Pfeiffer's planners and designers are among
the most experienced of those focused
on academic libraries in practice in the
U.S. today. Led by Gili Meerovitch, this
practice has experience in strategic facilities
planning for a broad spectrum of libraries
for public and private institutions across
North America.

Our experience with an array of higher
education institutions such as the University
at Buffalo, UCLA, Yale, University of
Washington, University of Oklahoma,
Illinois State University and Georgia State
University, informs our understanding
of advanced research, learning support,
academic integration, and collection
management initiatives that universities are
undertaking, along with their associated
service and space implications.

Our active involvement with ALA/Core
and ACRL, including facilities committee
leadership, and continual participation in
industry conferences, keeps us in touch
with library colleagues, abreast of the
challenges libraries are facing and solutions
that may have broader applicability.

Pfeiffer, a Perkins Eastman Studio, is an architectural studio offering architecture, interior design, planning and programming services to create buildings and environments that strengthen community of learners through inclusive and equitable learning experiences.

Library Planners & Designers
Item #17. Page 25
Meeting Date: 1/10/2023 / Packet Page #: 814

FIRM PROFILE
P2S INC.

Mechanical, Electrical, Plumbing Construction Management & Technology Design
Commissioning Services
One-Stop Resource
Long Beach (HQ) // Ir vine // San Diego // San Jose // Los Angeles // Seattle • Building systems design
• Central utility plants
• Utility master plans
• Infrastructure design
• Feasibility studies
• Energy audits
City of La Mirada
• Library Energy Upgrade
City of Long Beach
• Civic Center Library IBE
Design Review & Cx
City of Pasadena
• Central Library MEP Critical
Needs Assessment
City of Santa Clara
• Mission Branch Library LEED Cx
County of Los Angeles
• Live Oak Library Renovation
• Iacoboni Library
• San Dimas Library
County of Orange
• Costa Mesa Library Restroom
ADA Upgrades
County of Riverside
• Nuview Library
East Los Angles College
• LEED Silver Bailey Library
Fullerton College
• Library Learning Resource
Center
Los Angeles Harbor College
• LEED Gold Library & Learning
Resource Center
Long Beach City College
• Building P Modernization
Compton Community College
• Library Learning Resource
Center
Loyola Marymount
• LEED Gold University William
H. Hannon Library
Huntington Library
• Art Collections and Botanical
Garden Boone Gallery HVAC
Evaluation
• Art Collections and Botanical
Garden Red Car Café
CSU Fullerton
• Library Renovation & Seismic
Upgrades
CSU Northridge
• Oviatt Library Special
Collections Room Expansion
Humboldt State University
• University Library Seismic
Retrofit
UC Los Angeles
• Powell Library Energy Audit &
Upgrades
Los Angeles Unified School District
• Sutter Elementary School Library
• Porter Ranch Community School
Library
• Stanley Mosk Elementary School
Library
Los Nietos USD
• Aeolian Elementary School
Library
ENG Services
Sample Projects
Our Locations
P2S Inc. has brought forward-thinking, sustainable engineering solutions to California and beyond for over 31 years. We take client dreams and make them reality with inventive, sustainable solutions fueled by the desire to make the future a better place. We believe innovative, responsible design is more than cost savings and efficiency, it’s the promise of a brighter, greener future that begins today.

Designing a
better future,
every day.

Item #17. Page 26
Meeting Date: 1/10/2023 / Packet Page #: 815
Founded in 1971, ENGEO has helped companies and public agencies manage their project development risk, drive down construction costs, and improve schedules. ENGEO is an employee-owned firm of approximately 350 geotechnical and civil engineers, geologists, hydrologists, water resources engineers and other specialists. The company serves a diverse range of public and private clients on very complex projects across the world.

Design and retrofit of buildings in the urban cores of seismically vulnerable regions present a number of unique seismic, geotechnical, geologic, and constructability challenges. The engineers and semiologists at ENGEO developed precise methodologies for performing seismic hazard and site-response analyses for new structures and existing buildings. These approaches allow us to provide optimized earthquake engineering, typically resulting in much more efficient superstructure designs in seismically active urban environments.

ENGEO provides earthquake engineering services, including ergodic and nonergodic seismic-hazard analysis, site-response analysis, ground-motion studies, and soil-structure interaction evaluation to support performance-based design of high-rise buildings.
50+

YEARS IN BUSINESS
400+

GLOBAL STAFF
14 US OFFICE

LOCATIONS
7 ACCREDITED INHOUSE

LABORATORIES
15+

YEARS VOTED BEST

PLACE TO WORK
• Atlas Block, San Francisco, CA
• Kaiser Center, Oakland, CA
• The Shores, Santa Monica, CA
• Multiple Google Campuses, Mountain View,
Sunnyvale and San Jose, CA
• Multiple YouTube Campuses, San Bruno, CA
• Facebook Campus, Menlo Park, CA
• UC Berkeley Hesse-O‘Brien Seismic Replacement
Building, Berkeley, CA
• Elk Grove Hospital, Elk Grove, CA
• Taranaki Base Hospital, New Plymouth, New
Zealand

PROJECT EXPERIENCE
USA | New Zealand | Australia | Guam www.engeo.com
• Santa Rosa College Student Housing, Santa Rosa,
CA
• Sutter Santa Rosa Medical Center Expansion,
Santa Rosa, CA
• Mahany Library and Education Utility Center,
Roseville, CA
• Public Safety Academy, Fairfield, CA
• Martha Riley Community Library and Education
Center, Roseville, CA
• Pleasant Hill Library, Pleasant Hill, CA
• City of San Jose Library, San Jose, CA
• Dougherty Valley Community Center and Library,
San Ramon, CA

EARTHQUAKE ENGINEERING
Item #17. Page 27
Meeting Date: 1/10/2023 / Packet Page #: 816
CURRICULUM VITAE OF: SATINDER S. SETHEE, Ph.D.

[email protected]
POSITION: Principal Testing Engineer
EDUCATION: Ph.D. Structural Engineering, University of Toronto 1974 M.S. Structural Engineering, University of Toronto 1968

PROFESSIONAL AFFILIATIONS
Member Special Committee: ASTM C15.04.06 "Nondestructive Structural Evaluation of Masonry" Task Group
Structural Engineers Association of Southern California American Standards Testing and Materials (ASTM)
American Society of Civil Engineers (ASCE)
American Concrete Institute (ACI)
Association of Professional Engineers of B.C. Canada 1975 Association of Professional Engineers of Ontario, Canada 1969 Member of Technical Paper Selection Committee for "Conference of Nondestructive Evaluation of Civil Structures and Materials," May 1992.

BACKGROUND
45-years’ experience in the field of Civil/Structural Engineering and Construction. For the last 30 years actively involved in structural testing, investigations, inspections, and building construction related operations for Commercial, Industrial, and Historical buildings. Prior 15 years devoted to structural design, construction project engineer, application of computer programs for structural analysis, teaching, and research.

PROFESSIONAL EXPERIENCE
Principal Testing Engineer; Accu–Test Structural Laboratories, Inc., L.A. (1987 – present) Responsible for the management and operation of the independent testing laboratory. Supervise the work of staff engineers, construction inspectors, and testing technicians. The company provides laboratory testing, on– site testing and investigations, and construction inspection services. Primary activities relate to testing of structural elements and construction materials, such as concrete, masonry, steel, welds, tiles, and composites.

Define and implement standard testing procedures in accordance with ASTM, UBC, AWS, LA Building Code, and given engineering specifications. Direct testing operations, data analysis, computations, and comparison of test results to required standards. Instruct and train engineers, inspectors, and testing technicians to gain proficiency in their respective roles.

Formulated and supervised specialized testing programs for over 30 historical buildings; directed investigative testing for over 200 significant buildings; supervised inspection and testing services for over 50 construction projects. In connection with the seismic retrofit projects, have directed testing of numerous masonry, concrete, and steel structures. Authored over 70 important technical reports.

Direct failure analyses studies and forensic examinations. Provide research and consulting services to investigate excessive distress situations in buildings, structural elements, and mechanical parts. Render expert testimony for legal cases.

TESTING • INSPECTION • ENGINEERS • RESEARCH Tel: 818.591.3555 23915 Ventura Boulevard • Calabasas, California 91302 Admin Fax: 818.591.3557 ACCU-TEST STRUCTURAL LABORATORIES, INC.

Item #17. Page 28
Meeting Date: 1/10/2023 / Packet Page #: 817
Offices Nationwide
www.cumming-group.com

COMPANY QUALIFICATIONS
Firm Profile
Cumming Management Group, Inc. (Cumming) is a privately held corporation founded in California in 1996.

Cumming is a leader in providing project consulting services to the A/E/C industry, including cost and project management, planning and scheduling, and construction dispute resolution. Now in its 26th year of business, Cumming has more than 1,400 team members within 52 office locations, which provide services to clients around the world. Throughout its history, the company has remained focused on one goal: to assist its clients in managing the critical issues of time and cost from conception through closeout. With an understanding of program goals and expectations, a suite of solution-oriented services is provided to meet the project needs.

For this project, Cumming will serve as cost consultant. Cumming’s cost group is one of the largest providers of cost estimating and management services in the U.S., including a skilled team of in-house MEP cost specialists.

Cumming works on more than 400 estimates each month, delivering unparalleled experience in this discipline.

Core cost management services include budgeting, milestone cost estimating, value analysis, cost validation, peer review, and change order evaluation.

Project Experience – Municipal
Cumming’s project experience includes the completion of assignments in support of architects, engineers, owners, and others. Specifically, Cumming has completed more than 2,100 projects for city- and county-operated facilities. These projects have involved parks, public spaces, city halls, civic centers, police/fire facilities, libraries, offices, community centers, animal shelters, transit centers, operations and maintenance facilities, and public works, among others.

Representative Experience List
Chaffey College, New Library/Learning Resource Center, Rancho Cucamonga, CA City of El Centro, Former Shopping Center Repurposing Master Development Plan & New City Library, El Centro, CA City of Long Beach, Bayshore Library/Blair Field/Silverado Park Facilities Condition Assessments & Master Plan Review, Long Beach, CA
City of National City, New Multi-Use Community Center with e-Library & Fire Station 33 at El Toyon Park, National City, CA
City of Roseville, Martha Riley Community Library & Utility Education Center Office Space/Workroom TI, Roseville, CA
City of South San Francisco, Convert City Library into New Licensed Pre-School Feasibility Study, So. San Francisco, CA
County of San Bernardino, Various Projects incl. Fire Stations-Airport-Library-Offices, San Bernardino, CA County of San Diego, El Cajon Library HVAC Equipment Replacement, El Cajon, CA County of San Diego, South Bay Regional Center - Law Library Renovation, Chula Vista, CA Gavilan College, New Library & Student Resource Center/Student Services Building, Gilroy, CA Gavilan Community College, New Library & Student Resource Center, Gilroy, CA Holy Names University, Cushing Library Renovation, Oakland, CA Irvine Valley College, Library Improvements, Irvine, CA LA County DPW, Paramount Library Full Renovation, Paramount, CA Mission College, Library Building Renovation, Santa Clara, CA Pleasanton USD, Harvest Park Library Renovation, Pleasanton, CA Ronald Reagan Presidential Library & Museum, Food Venue Renovation, Simi Valley, CA Santa Rosa Junior College, Doyle Library 1st & 3rd Floors Renovation, Santa Rosa, CA Santa Rosa Junior College, Doyle Library 2nd Floor Renovation for Computer Lab, Santa Rosa, CA SBCUSD Bonnie Oehl Elementary School, Library-Media Space Remodel & Campus Security Fencing, Highland, CA SDUSD Barnard Elementary School, Whole Site Modernization incl. Auditorium/Cafeteria/Library/Parking/Fields Improvements & New 2-Story Classroom Bldg., San Diego, CA Solano County, Fairfield Library Literacy Program Renovation Project, Fairfield, CA South Sutter Charter School, New Learning Center/Library, East Nicolaus, CA Stanislaus County, New Empire Branch Library, Empire, CA Item #17. Page 29
Meeting Date: 1/10/2023 / Packet Page #: 818

SUMMARY

GLENDORA LIBRARY FEASIBILITY STUDY - TEAM FEES
MHP Hours FEE
I PROJECT LAUNCH 8 1,720
II DISCOVERY 44 8,760
III ANALYSIS 344 60,460
IV DOCUMENTATION 32 6,480
REIMBURSABLE EXPENSES - Allowance 0
SUBTOTAL MHP FEE 428 77,420
PFEIFFER Hours FEE
I PROJECT LAUNCH 8 2,400
II DISCOVERY 166 38,920
III ANALYSIS 126 22,440
IV DOCUMENTATION 48 8,000
REIMBURSABLE EXPENSES - Allowance 2,153
SUBTOTAL PFEIFFER FEE 348 73,913
P2S Hours FEE
I PROJECT LAUNCH 4 795
II EVALUATION OF EXISTING STRUCTURES & STRUCTURAL COMPONENTS 65 12,581 III FEASIBILITY OF SECOND STORY ADDITION 62 11,232
REIMBURSABLE EXPENSES - Allowance 0
SUBTOTAL P2S FEE 131 24,608
OTHER SERVICES Allowance
COST ESTIMATING (Cumming) – Quote 16,000
MATERIAL TESTING (Accu-Test) – Quote 12,000
GEOTECHNICAL (ENGEO) – Allowance 12,000
SUBTOTAL OTHER SERVICES (ALLOWANCE / FIXED QUOTE) 40,000 TOTAL PROPOSED FEE 215,941
General Exclusions
* Detailed Project Program and Room Data Sheets
* Library Collection Analysis
* Tours/Site visits to other libraries
* Extensive Code Analysis
* Hazardous Materials Evaluation & Testing
* Sustainability Checklist
* Technical specifications
* Fundraising Materials
Exclusions (MEP)
* Electrical, plumbing, technology, & fire protection upgrade scope/costs (other than work required to accommodate structural work) will be covered by cost estimator with allowance. * Electrical service for library and site water, sewer, and storm drain utilities are assumed adequate to serve the proposed expansion. In the event existing service(s) is(are) near capacity, an allowance(s) can be made by cost estimator for service upgrade(s).
* Schematic design & study for exterior site elements beyond the second floor expansion scope are excluded.

NOTE
The Fee Proposal is "not-to-exceed" and includes all direct and indirect costs including labor, employee benefits, mileage, equipment, materials, insurance, and reproduction costs
Item #17. Page 30
Meeting Date: 1/10/2023 / Packet Page #: 819

GLENDORA LIBRARY FEASIBILITY STUDY - MHP TEAM
Part Task

LK KW SA
Task
Hours
Subtotal
Task Fee
Subtotal
I PROJECT LAUNCH 4 4 0 8 $1,720
Kick-off Meeting w/Library 4 4 0
II DISCOVERY 8 36 0 44 $8,760
A. Documentation of Existing Structure 8 36 0 44 8760
Site Visits to Observe Existing Conditions 4 12 0
Review of Existing Construction Documents 2 12 0
Participation in Visioning & Programming Meetings 2 12 0 III ANALYSIS 32 212 100 344 $60,460
A. Evaluation of Existing Structure 16 124 60 200 34900 Coordinate Material Testing Program (MCTAP) 2 16 0
Coordinate Geotechnical Scope & Criteria 2 8 0
Complete ASCE/SEI 41-17 Tier 3 Evaluation 8 80 0
Prepare Conceptual Strengthening Plans 4 20 60
B. FEASIBILITY OF SECOND STORY ADDITION 16 88 40 144 25560 Develop Framing & Seismic Options & Coordinate with Team 8 64 0 Prepare Conceptual Strengthening Plans 4 20 40
Participation in Workshops & Meetings 4 4 0
IV DOCUMENTATION 8 24 0 32 $6,480
A. FINAL REPORT 8 24 0 32 6480
SUB-TOTAL HOURS 52 276 100 428
BILLING RATES 240 190 125
SUBTOTAL FEES 12,480 52,440 12,500 $77,420
PROPOSED REIMBURSABLE EXPENSES $0
TOTAL PROPOSED FEE & EXPENSES $77,420
MHP Team
Item #17. Page 31
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GLENDORA LIBRARY FEASIBILITY STUDY - PFEIFFER TEAM
Part Task

GM SK RR
Task
Hours
Subtotal
Task Fee
Subtotal
I PROJECT LAUNCH 4 4 0 8 $2,400
Kick-off Meeting w/Library 4 4 0
II DISCOVERY 68 30 68 166 $38,920
A. VISIONING 16 8 0 24 7200
Workshop 1: Strategic Thinking 8 4 0
Workshop 2: Vision Verification / Setting Goals 8 4 0
Library Visioning Statement (By Library) 0 0 0
B. INFO GATHERING: EXISTING FACILITY 20 16 16 52 13040
Detailed Building Walkthrough / On-site Investigation 4 8 0 Existing Space Utilization Mapping (Per Floor Plans) 4 0 16 Shelving Footprint Mapping (Diagrams) 8 0 0
Building Code Assessment 0 4 0
Prepare Summary (What Do We Have to Work With) 4 4 0
C. PROGRAMING 4 2 0 6 1800
Review Library Findings, Reports, Recommendations Made to Date 4 2 0 D. PROGRAM DOCUMENT (SPREADSHEET MATRIX) 28 4 52 84 16880 Program Matrix Development (Existing vs Proposed) 8 2 36 Update Per Library Review & Comments 8 0 8
Program Analysis - Refine 6 1 0
Program Synthesis - Finalize 4 1 0
Library Final Review & Approval 0 0 0
Program Final Document 2 0 8
III ANALYSIS 20 10 96 126 $22,440
E. CONCEPT DEVELOPMENT (INTERIOR LAYOUT & SPACE PLANNING) 20 10 96 126 22440 Workshop 5: Explore the Options 8 4 40
Workshop 6: Refine / Preferred Option 8 4 40
Workshop 7: Final Concept Diagram 4 2 16
IV DOCUMENTATION 4 4 40 48 $8,000
G. Final Report 4 4 40
SUB-TOTAL HOURS 96 48 204 348
BILLING RATES 300 300 140
SUBTOTAL FEES 28,800 14,400 28,560 $71,760
PROPOSED REIMBURSABLE EXPENSES $2,153
TOTAL PROPOSED FEE & EXPENSES $73,913

PROPOSED OPTIONAL SERVICES
III F. CONCEPT DEVELOPMENT (3RD FLOOR ADDITION EXTERIOR) 6 20 96 122 21240 Workshop 5: Explore the Options 2 8 40
Workshop 6: Refine / Preferred Option 2 8 40
Workshop 7: Final Concept 2 4 16
SUB-TOTAL OPTIONAL HOURS 6 20 96 122
BILLING RATES 300 300 140
SUBTOTAL FEES 1,800 6,000 13,440 $21,240
PROPOSED REIMBURSABLE EXPENSES $0
TOTAL PROPOSED FEE & EXPENSES $21,240
Pfeiffer Team
Item #17. Page 32
Meeting Date: 1/10/2023 / Packet Page #: 821
GLENDORA LIBRARY FEASIBILITY STUDY - P2S TEAM
Part Task
EN5 DE3 DE2 BIM
Task
Hours
Subtotal
Task Fee
Subtotal
I PROJECT LAUNCH 1 1 2 0 4 $795
Kick-off Meeting w/Library 1 1 2 0
II EVALUATION OF EXISTING STRUCTURES & STRUCTURAL COMPONENTS 13 21 29 2 65 $12,581 Review of Available As-built Documentation & Maps 1 2 2 0 Perform Site Visit to Identify Existing Conditions & Evaluate Proposed Locations 5 5 10 0 Review Proposed Structural Upgrades from Architectural & Structural Plans 1 1 2 0 Provide PDF Sketches and Narrative of MEP Adjustments 5 8 13 2 Develop Condition Assessment of HVAC System Only 0 4 0 0 Review & Respond to Owner Comments 1 1 2 0
III FEASIBILITY OF SECOND STORY ADDITION 5 30 21 6 62 $11,232 Develop Preliminary Load Estmates for HVAC System 1 6 0 0 Propose HVAC System Types & Coordinate Major Equipment Locations with A/E Team 1 8 0 0 Develop Schematic Design Level Drawings (HVAC Replacement, Tie to Building Replacement) 1 14 0 2 Develop Schematic Design Level Drawings (Electrical/Plumbing Systems for 2nd Fl Expansion) 1 0 18 4 Review & Respond to Owner Comments 1 2 3
SUB-TOTAL HOURS 19 52 52 8 131
BILLING RATES 276 187 166 126
SUBTOTAL FEES 5,244 9,724 8,632 1,008 $24,608
PROPOSED REIMBURSABLE EXPENSES $0
TOTAL PROPOSED FEE & EXPENSES $24,608
P2S Team
Item #17. Page 33
Meeting Date: 1/10/2023 / Packet Page #: 822

GLENDORA LIBRARY FEASIBILITY STUDY - OTHER SERVICES
Part Task
Task Fee
Allowance
I COST ESTIMATING (Cumming) – Quote $16,000
II MATERIAL TESTING (Accu-Test) – Quote $12,000
III GEOTECHNICAL (ENGEO) – Allowance $12,000
TOTAL PROPOSED FEE (ALLOWANCE OR FIXED QUOTE) $40,000
Item #17. Page 34
Meeting Date: 1/10/2023 / Packet Page #: 823

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
MYERS HOUGHTON & PARTNERS, INC.

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 1 AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
MYERS HOUGHTON & PARTNERS, 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 MYERS HOUGHTON & PARTNERS, INC., a California Corporation (“Consultant”).

City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow 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 “professional standards” shall mean those standards of practice customarily exercised by reputable engineers performing similar work under similar circumstances.

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 2 1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the 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 DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 37
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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 3 these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ___________________
Lance Kenyon, 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 DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 38
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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 4 shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Care of Work.

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

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 DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 39
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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 5 of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $215,941.00 (Two-Hundred Fifteen Thousand, Nine-Hundred Forty-One 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 subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 40
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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 6 correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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.

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 one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 7 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:

Lance Kenyon, President
Ken O’Dell, Secretary
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 Associate Civil Engineer 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.

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 8 City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 9 (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

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

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 10 (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (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.

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 11 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 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 DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 46
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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 12 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.

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.

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 13 (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not 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 DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 48
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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 14 or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

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

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.

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 15 7.8 Termination for Default of Consultant.

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

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees.

Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 50
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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 16 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 Consultantso employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 17 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 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 ___________________
Lance Kenyon, 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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Library Structural Analysis and Options for Vertical Expansion, Plan No. 1358 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:

MYERS HOUGHTON & PARTNERS, INC.

Name: Lance Kenyon
Title: President
Email Address: [email protected]
Name: Ken O’Dell
Title: Secretary
Email Address: [email protected]
Address: 3900 Cover Street, Long Beach, California 90808 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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01240.0001/535308.1 A-1
EXHIBIT “A”

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

A. Phase 1: Evaluation of Existing Structure
Prior to starting Phase 1, an ASCE/SEI 41 Structural Performance Objective will be established for the existing library building in consultation with the City. The Performance Objective consists of a pairing of one or more Seismic Hazard Levels with Structural and Non-Structural Performance Levels. This will be discussed in detail at the initiation of the project.
a. Preparation of Condition Assessment and Material Testing Program A Material Testing and Condition Assessment Program (“MTCAP”) in accordance with ASCE/SEI 41 will be developed in order to confirm in-situ material properties and existing construction detailing. The extent of the MTCAP is defined by ASCE/SEI 41 based on the Performance Objective for the project and is typically subject to Plan Review to attain concurrence on the extent of testing.
b. Site Visit
Site visits will be conducted along with City representatives and Accu-Test to facilitate preparation of a detailed bid for the testing and laboratory work. Sampling locations will be confirmed along with testing schedule (confirm if off-hours/overnight work will be required).
c. Execute Material Testing Program
Upon NTP for testing contract, Accu-Test will complete core extraction and compressive strength laboratory testing.
d. Geotechnical Investigation & Seismic Hazard Analysis Based on the project Performance Objective and preliminary seismic evaluation findings, a geotechnical scope of work will be developed in consultation with the City.

At this time, it is anticipated that Geotechnical work will consist of limited confirmatory borings, shear wave velocity profiling for site classification, and sitespecific ground motion hazard assessment. Further scope may be added at a later date, pending the findings of the evaluation and feasibility study. e. Complete Structural Analysis and Evaluation, Prepare Conceptual Repair and Retrofit Drawings, Prepare Evaluation Report & Cost Estimate DocuSign Envelope ID: 2370403C-34DA-4BCC-897E-F18C7F131442 Item #17. Page 54
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01240.0001/535308.1 A-2
A Tier 3 comprehensive seismic evaluation will be completed using the linear analysis provisions of ASCE/SEI 41-17 to establish current anticipated seismic performance of the existing building. Where required to meet the selected project Performance Objective, conceptual plans for strengthening will be provided. A cost estimate will be prepared based on the conceptual strengthening plans. The findings and basis for the recommended strengthening approach will be documented in an engineering report.

Draft documents will be provided to the City for review and comment. Final documents will be issued once City comments have been incorporated.

B. Phase 2: Feasibility of Second Story Addition
The project team will work with the City to refine and develop the City’s vision for the future of the library and addition, including infrastructure, remodeling and modernization needs. Conceptual plans will be developed and cost estimates will be completed. Phase 2 scope of services is subject to further evaluation in consultation with the City prior to finalizing. It is anticipated that the City and project team will have consistent communication via virtual and in-person meetings during this phase, eliminating the need for numerous intermediate deliverables. a. Discovery – Visioning, Information Gathering, Programming The Project Architect will collaborate with the City to understand the existing conditions, and the needs and goals of the City for the existing library and second story addition. Existing space utilization mapping, shelving footprint mapping, and Building Code Assessment will be completed. Review library findings, reports, and recommendations made to date. Establish programming needs. b. Structural Evaluation of Existing Structure and Second Story Addition A Tier 3 comprehensive seismic evaluation will be completed using the linear analysis provisions of ASCE/SEI 41-17 for the retrofit structure with second story addition.

Material properties and geotechnical and seismic hazard findings from Phase 1 will be utilized.
c. Mechanical, Electrical, and Plumbing systems Assessment and Scoping Infrastructure and systems upgrade needs for both existing library and addition will be defined.
d. Prepare Conceptual Repair, Strengthening, and Addition Drawings, Final Report & Cost Estimate
Based on the results of items “a” through “c”, conceptual Architectural, Structural, and MEP drawings will be developed as appropriate. A cost estimate will be prepared based on the conceptual plans. The findings and basis for the recommended approach will be documented in a project report. Draft documents will be provided to the City for review and comment. Final documents will be issued once City comments have been incorporated.

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e. New Standalone Library Building Comparative Cost Estimate Scoping narrative and conceptual cost estimate will be prepared for a new standalone library building. The cost estimate will be used for comparison to the cost of the retrofit/addition to the existing library building.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
- Develop and execute the Structural Testing Plan.
- Geotechnical Investigation Report.
- Conceptual Strengthening Plans, Cost Estimate, and Engineering Report for Existing Library Building.
- Conceptual Strengthening Plans, Cost Estimate, and Engineering Report in consideration of second- story addition.
- Cost Estimate for a new standalone building.

Detailed deliverables are included in the proposal.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. N/A
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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

A. N/A
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EXHIBIT “B”

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

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

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

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

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

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

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

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

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

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

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EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Tasks 100 Working Days TBD
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. TBD upon award of the project.

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

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Line
City of Glendora
Glendora Public Library/Bidwell Plaza
Preliminary Condition Assessment
April 11, 2022
Cho Design Associates, Inc.
3601 W. MacArthur Boulevard, #903
Santa Ana, California 92704
Item #17. Page 61
Meeting Date: 1/10/2023 / Packet Page #: 850
Glendora Public Library/Bidwell Plaza
Preliminary Condition Assessment
Page i
City of Glendora
Glendora Public Library/Bidwell Plaza
Preliminary Condition Assessment

TABLE OF CONTENTS
Introduction..................................................................................................................................... 1 Purpose and Scope .......................................................................................................................... 1 Description...................................................................................................................................... 1 Data Collection and Review ........................................................................................................... 1 Review of As-Built Plans and Reports ........................................................................................... 1 Preliminary Condition Assessment................................................................................................. 2 Conclusions..................................................................................................................................... 8 Recommendations........................................................................................................................... 9

TABLE OF FIGURES
Figure 1 - Typical Cracking in Slab (minor) .................................................................................. 3 Figure 2 – Typical Concrete Cracks at Beam and Slab (minor)..................................................... 3 Figure 3 – Large Girder Crack, > 0.016" ........................................................................................ 4 Figure 4 - Close-up of Girder Crack, > 0.016" ............................................................................... 4 Figure 5 – Epoxy Injection Repaired Area ..................................................................................... 5 Figure 6 – Leakage at Epoxy Repair............................................................................................... 5 Figure 7 – Leakage at Slab Crack (unrepaired) .............................................................................. 6 Figure 8 – Leakage and Staining at Beam (unrepaired) ................................................................. 6

APPENDICES
Appendix A Photo Location Record and Photo Log
Appendix B As-Builts
Item #17. Page 62
Meeting Date: 1/10/2023 / Packet Page #: 851
Glendora Public Library/Bidwell Plaza
Preliminary Condition Assessment

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