Glendora City Council
December 12, 2023

AGMT# 9200000000S2305

17.2 In the event of termination of this Agreement, LACMTA will immediately stop rendering services under this Agreement.

18. OTHER TERMS AND CONDITIONS

18.1 This Agreement, along with the applicable requirements of the FTA, the USDOL, LACMTA, and the Federal Grant, constitutes the entire understanding between the parties with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing and signed by the parties who executed the original Agreement or by those at the same level of authority.

18.2 In the event that there is any legal court (e.g. Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this Agreement or the applicable requirements of LACMTA to protect or establish any rights or remedies hereunder, each party shall be responsible for its costs and expenses.

18.3 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the Agency under or in connection with any work performed by, and/or service provided by, the Agency, its officers, agents, employees, contractors and subcontractors under this Agreement or the guidelines.

The Agency shall fully indemnify, defend and hold LACMTA, its subsidiaries and their respective officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including, without limitation: (i) use of the Funds by the Agency, or its officers, agents, employees, contractors or subcontractors; (ii) challenges, claims or litigation filed on behalf of any affected transportation provider and/or employees’ union; (iii) breach of the Agency obligations under this Agreement or the Grant; or (iv) any act or omission of the Agency, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services including, without limitation, the Scope of Work described in this Agreement.

18.4 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.

18.5 The Agency shall comply with and ensure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements and applicable requirements and regulations of the LACMTA.

18.6 The Agency shall not assign this Agreement, or any part thereof, without written consent and prior approval of the LACMTA’s CEO or their designee, and any assignment without said Item #7. Page 12
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consent shall be void and unenforceable.

18.7 Subject to all requirements of this Agreement, the Federal Grant, and all other applicable requirements of LACMTA and FTA, including without limitation the requirement of competitive procurement of services and assets, the Agency may contract with other entities, including its affiliates in a project management role, to implement this Agreement.

18.8 This Agreement does not include funds for Research and/or Development Activities.

18.9 This Agreement shall be governed by California law and applicable federal law. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

18.10 The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.

18.11 All notices shall be given to the project managers of each agency at the addresses specified in Section 4 of this Agreement, unless otherwise notified in writing.

18.12 The Agency, in the performance of the work required by this Agreement, is not a contractor nor an agent or employee of LACMTA and attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. The Agency shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.

18.13 The Agency agrees to comply with USDOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”, 49 C.F.R.

Part 18.

18.14 The Agency agrees that federal laws and regulations control Project award and implementation. The Agency also agrees that federal directives as defined in the FTA Master Agreement, set forth federal terms applicable to the Project, except to the extent that FTA determines otherwise in writing. The Agency understands and agrees that unless FTA has offered express written approval of alternative procedure or course of action differing from a procedure or course of action set forth in the applicable federal directive, the Agency may incur a violation of the terms of its Agreement if it implements an alternative procedure or course of action not approved by FTA.

18.15 The Agency understands and agrees that federal laws, regulations, and directives applicable to the Project and to itself as the applicant for federal funds on the date on which the FTA authorized official awards of federal assistance for the Project may be modified from time to time.

New federal laws, regulations and directives may become effective after the date on which the Agency executes the Agreement for the Project and might apply to that Agreement. The Agency agrees that the most recent of such federal laws, regulations and directives will govern the administration of the Project at any time, except to the extent FTA determines otherwise in writing.

Item #7. Page 13
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18.16 The Agency understands that it will make reference to the Catalog of Federal Domestic Assistance (CFDA) number for the Section 5310 Program (20.513) in all its correspondence, including quarterly progress reports, invoices, and single audit reports.

Exhibits
Exhibit A: Scope of Work
Exhibit B: Financial Plan
Exhibit C: Subrecipient Procurement Certification
Exhibit D: Transit Asset Management (TAM) Plan Requirements Item #7. Page 14
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:

Date
Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By:

Deputy Date

GRANTEE:

CITY OF GLENDORA

By:

Jeff Kugel Date
Community Development Director

APPROVED AS TO FORM (OPTIONAL):

By:

Date
General Counsel
Item #7. Page 15
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EXHIBIT A

SCOPE OF WORK
Glendora Vehicle Replacement
 Traditional Capital Assistance to Purchase Two (2) Class D Minivans (Gas) for Replacement. Seating Capacity is up to 5 Ambulatory, 2 Wheelchairs. The Useful Life Benchmark is 4 years or 100,000 Miles.

The City of Glendora will replace two vans used for their dial-a-ride service, that have met their useful life. Having vehicles replaced at the end of their useful life will reduce the likelihood of breakdowns and costly repairs. This will allow Glendora to continue providing high-quality paratransit service by maintaining on-time performance, reliability, and passenger safety and comfort. The City of Glendora provides dial-a-ride service for Glendora residents who are seniors and/or persons with disabilities. The dial-a-ride service hours are Monday-Friday, 8:00AM-5:00PM and Saturday-Sunday, 9:00AM-2:00PM. The dial-a-ride service provides trips within the City of Glendora as well as to eight regional medical facilities. Most of their customers rely on the Glendora Dial-a-Ride for nearly all transportation trips. Having reliable vehicles will allow Glendora to continue providing high-quality and reliable paratransit service to their residents.

The vehicles being replaced have met and/or exceeded their useful life and will be disposed of in accordance with Federal requirements. The vehicles scheduled for purchase will meet the Clean Air Act standards (CAA) and the Americans with Disabilities Act (ADA) requirements.

The following is a description of the vehicles slated for disposition:

Description
Last 5-digits of
VIN Vehicle Disposition
2014 MV-1 02199 Sell
2018 V-Ford Transit 350, Nor Cal Van 92099 Sell

Performance Measures

(a) ≥ 750 seniors and/or persons with disabilities afforded mobility as a result of the project annually.
(b) ≥ 6,800 actual/estimated rides (measured by one-way passenger trips) provided as a result of the project implementation annually.

Item #7. Page 16
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Timeline

Milestone Est. Completion
Date Description
RFP/IFB Issue Date 11/1/2023
Vehicles will be procured through the CalAct/MBTA
Purchasing Cooperative. The Cooperative provides a
Federal and California State compliant purchasing
solution to purchase ADA compliant vehicles.

Contract Award 1/1/2024 Award contract with approved vendor from CalAct/MBTA pre-approved vendor list.

First Vehicle Delivery 7/1/2024
Delivery of first vehicle. Includes a complete
inspection and a Pre- and Post-delivery certification
audit.

Last Vehicle Delivery 7/1/2026 Second vehicle delivered and inspected. Will have a twoyear gap between orders and deliveries.

Contract Close-out 10/1/2026 All work completed, and all vehicles placed into service.

Deliverables

a. Implement the Project consistent with the Scope of Work and the Federal Grant (including any amendments approved by the LACMTA and the FTA), and in compliance with all applicable federal regulations.
b. Submit all required reports and certifications as detailed in this Agreement and as requested by LACMTA and FTA.

Item #7. Page 17
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EXHIBIT B

FINANCIAL PLAN
The total cost of the Project is $155,555. The following is a description of the funding category and the corresponding funding amounts and source to implement the Project.

Category FTA Grant Local Match
Traditional Capital Assistance $140,000 $15,555

Sources of Federal Financial Assistance
UZA ID Funding Source Amount
Los Angeles/Long Beach/Anaheim FTA Section 5310 $140,000 Urbanized Area (60020)
Local Match
The Agency shall use Non-USDOT funds to match the grant. Transportation Development Credits in lieu of a portion of the local match was used: $15,555.

FUNDING SOURCES TOTAL ($) FEDERAL ($) LOCAL ($)

1. Section 5310 (2023 Award)- Traditional Capital $140,000 $140,000

2. Glendora Prop A Local Return $15,555 $15,555
Total $155,555 $140,000 $15,555
100% 90% 10%
ELIGIBLE EXPENSES TOTAL ($) FEDERAL ($) LOCAL ($)

1. Vehicle Replacement- Class D Minivan (2) $155,555 $140,000 $15,555 Total $155,555 $140,000 $15,555

Item #7. Page 18
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EXHIBIT C

SUBRECIPIENT PROCUREMENT CERTIFICATION

As a condition for receiving certain subrecipient federal funds from the Los Angeles County Metropolitan Transportation Authority (Metro), The Agency certifies that procurement procedures will ensure an open competitive process and will conform to applicable federal law, including 49 CFR Part 18 (specifically Section 18.36) and FTA Circular 4220.1F, “Third Party Contracting Guidance”. Furthermore, solicitation documents will not be released to the public or individual procurement contracts will not be executed until a Metro representative has reviewed all applicable procurement procedures and documents.

Metro will be notified of the contract or option award including the name of the successful bidder, the total dollar value of the contract or option and the contract or option award date within three business days of the award.

Item #7. Page 19
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EXHIBIT D

TRANSIT ASSET MANAGEMENT (TAM) PLAN REQUIREMENTS

TAM PLAN SUBRECIPIENT ELIGIBILITY CRITERIA

Metro subrecipients who meet the following criteria are required to conduct a TAM plan and may participate in a Group TAM plan.
• Agencies that are Tier II providers.
• Agencies that own operate or manage capital transit assets currently in service and used in the provision of public transit open door service (i.e. not restricted to specific groups) or that are within the federal interest time period.
• Agencies that are NOT direct recipients of FTA section 5307 funds. • Agencies that are a Metro subrecipient of FTA Chapter 53 financial assistance pass through grants, open door, including section 5309, 5310, 5316, 5317 or other FTA fund sources.
• Agencies that own transit asset(s) acquired with FTA funds such as facilities (i.e. parking garage at a rail station, maintenance building, etc.), and that facility supports public transportation service.

Metro subrecipients participating in the Metro sponsored Group TAM Plan shall comply with all applicable FTA Master Agreement Transit Asset Management Requirements (49 U.S.C.

Chapter 53) including these Special Grant Conditions:
• Agencies shall indicate their intent to participate in the Metro sponsored Group Plan. • Agencies shall appoint an Accountable Executive.
• Agencies shall provide asset inventory, condition and investment data, and respond to data requests in a timely manner.
• Agencies shall collaborate on the development of the Group Plan. • Agencies shall provide concurrence of Accountable Executive including unified group targets.
• Agencies shall implement the plan and report assets to the National Transit Database Item #7. Page 20
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 12, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: SECOND READING OF AN ORDINANCE APPROVING ZONE CHANGES AND

ESTABLISHING SITE SPECIFIC DEVELOPMENT STANDARDS AND PERMITTED USES ON PROPERTIES LOCATED AT 400 AND 420 N. GLENDORA AVENUE, 101, 117, 125, 127 AND 131 E. WHITCOMB AVENUE, 415 N. VISTA BONITA AVENUE – RELATED TO THE CORNERSTONE BIBLE CHURCH EXPANSION PROJECT (FILE NO. PLN20-0007)

RECOMMENDATION
That the City Council:

1. Waive full reading, read by title only and adopt on second reading Ordinance No. 2078 entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING A ZONE CHANGE FROM SINGLE-FAMILY RESIDENTIAL (R-1) AND RESTRICTED MULTIPLE-FAMILY (R-2) TO PLANNED REDEVELOPMENT (PR) AND

ESTABLISHING SITE SPECIFIC DEVELOPMENT STANDARDS AND PERMITTED USES ON PROPERTIES LOCATED AT 400 AND 420 N. GLENDORA AVENUE, 101, 117, 125, 127 AND 131 E. WHITCOMB AVENUE, 415 N. VISTA BONITA AVENUE (FILE NO. PLN20-0007)”

STRATEGIC FOCUS AREAS
 Not Applicable

EXECUTIVE SUMMARY
The applicant (Cornerstone Bible Church) proposes an expansion project, which includes the demolition of several buildings and construction of a new single story 18,760 square foot church structure (with ground floor sanctuary and subterranean level classrooms, nursery, storage and offices) on a combined church site totaling 1.45 acres in size other elements include a new parking lot areas, new storage building and new children’s play area, hardscape and landscaping. The new worship center would accommodate 350 people. The project will be developed in two phases. The required land entitlements include a zone change as well as a Tentative Parcel Map (No. 74665) to consolidate eight (8) contiguous lots totaling

1.28 acres, a Conditional Use Permit, Development Plan Review, and project related CEQA at multiple addresses: 400 and 420 N. Glendora Avenue, 101, 117, 125, 127 and 131 E. Whitcomb Avenue, 415 N.

Vista Bonita Avenue.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On October 3, 2023, the Planning Commission held a public hearing on the project related items, which included the proposed ordinance, and recommended adoption to the City Council.

On November 14, 2023, the City Council held a public hearing on the project related items and approved the first reading and introduction of the ordinance. The ordinance includes a zone change, establishes site specific development standards, and permitted uses on the project site.

Item #8. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 460
Staff Report Page 2 of 2

DISCUSSION
It is recommended that the City Council waive full reading, read by title only and adopt on second reading Ordinance No. 2078 entitled: “An Ordinance of the City Council of the City of Glendora, California, approving a zone change from Single-family Residential (R-1) and Restricted Multiple-family (R-2) to Planned Redevelopment (PR) and establishing site specific development standards and permitted uses on properties located at 400 and 420 N. Glendora Avenue, 101, 117, 125, 127 and 131 E. Whitcomb Avenue, 415 N. Vista Bonita Avenue (File No. PLN20-0007).”

FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of the Ordinance.

ENVIRONMENTAL DETERMINATION
The City of Glendora, as lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA) to determine if approval of the discretionary actions requested and subsequent development would have a significant impact on the environment. With assistance from City’s environmental consultant for the project (PlaceWorks Inc.), the City completed an Initial Study on the project in accordance with CEQA. The Draft Initial Study concluded that the project will not have a significant effect on the environment with inclusion of mitigation measures, and a Draft Mitigated Negative Declaration (MND) was prepared. The required CEQA mitigation measures were agreed upon by project applicant and imposed on the proposed project. The City Council adopted the MND for the Project and its associated rezoning consistent with the requirements of the CEQA on November 14, 2023.

Prepared By Mark Carnahan, City Planner
Concurs With Kurt Norwood, Planning Commission
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Ordinance
Item #8. Page 2
Meeting Date: 12/12/2023 / Packet Page #: 461
Ordinance ______ Page 1 of 5
ORDINANCE 2078

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

GLENDORA, CALIFORNIA APPROVING A ZONE CHANGE FROM
SINGLE-FAMILY RESIDENTIAL (R-1) AND RESTRICTEDMULTIFAMILY (R-2) TO PLANNED REDEVELOPMENT (PR) AND

ESTABLISHING SITE SPECIFIC DEVELOPMENT STANDARDS AND
PERMITTED USES ON PROPERTIES LOCATED AT - 400 AND 420 N.

GLENDORA AVENUE, 117, 125, 127, AND 131 E. WHITCOMB AVENUE, 415 N. VISTA BONITA AVENUE (PROJECT NO. PLN20-0007)

THE CITY COUNCIL
City of Glendora, California

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

WHEREAS, BGW Architects for Cornerstone Bible Church (Church) has filed an application for rezoning certain properties it owns located at 400 and 420 N. Glendora Avenue, 117, 125, 127 and 131 E. Whitcomb Avenue, 415 N. Vista Bonita Avenue, Glendora, California to Planned Redevelopment (PR) zone and the establishment of site-specific development requirements. The Church has proposed an expansion project (Project) of the church campus and will separately require a Tentative Parcel Map, and Conditional Use Permit Amendment, to allow for the construction of a n e w 18,760 square foot church structure (with ground floor sanctuary and subterranean level classrooms, nursery, and offices) on approximately 1.45 acres (parcel map consolidation of 8 of the 9 lots totaling approximately 1.28 acres) (Project No. PLN20-0007); and WHEREAS, the project site currently consists of six parcels; 400 N. Glendora Avenue, 117, 125, 127 and 131 E. Whitcomb Avenue, 415 N. Vista Bonita Avenue, that have a General Plan (Community Plan 2025) land use designation of Medium/High Density Residential. 420 North Glendora Avenue has a General Plan land use designation of Low/Medium Density Residential. No change to General Plan designation is requested as the proposed new zone Planned Redevelopment (PR) is an implementing zone for the underlying General Plan Land Use designations; and WHEREAS, pursuant to Glendora Municipal Code (GMC) §21.06.020A: The purpose of the planned redevelopment zone is to provide for development on a comprehensive basis by using site planning techniques not permitted through the literal application of zoning and subdivision regulations and to produce an environment of stable, desirable character in harmony with existing and potential development in the surrounding area. The planned redevelopment zone is intended to achieve the following:

1. To protect the public health, safety and welfare;

2. To implement the policies and programs of the general plan and applicable specific plans;

3. To preserve the environment and natural resources;

4. To attain the physical, social and economic advantages of comprehensively planned land uses;

5. To ensure aesthetic development;

6. To provide for adequate amenities, facilities, infrastructure and services;

7. To promote the efficient use of the land.

Item #8. Page 3
Meeting Date: 12/12/2023 / Packet Page #: 462
Ordinance ______ Page 2 of 5
WHEREAS, pursuant to GMC §21.06.020(B) and (C), development requirements and permitted uses for PR zone shall be established by City Council. In addition, GMC §21.01.050(B)2 states: An amendment of the provisions of this title, including the official zoning map may be initiated by the director, commission or council; and, WHEREAS, a public hearing was held by the Planning Commission of the City of Glendora on October 3, 2023, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the written analysis of the Planning Department of the City of Glendora, and the Planning Commission recommended approval of Project No. PLN20-0007 to the City Council; and
WHEREAS, the City Council held a public hearing on November 14, 2023, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the recommendation of the Planning Commission of the City of Glendora.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HERBY ORDAIN AS FOLLOWS:

SECTION 1 . The City Council adopted a Mitigated Negative Declaration (MND) for the Project and its associated rezoning consistent with the requirements of the California Environmental Quality Act (“CEQA”) on November 14, 2023. The City Council determined on the basis of the whole record before it including the Initial Study prepared for the Project, comments received during the public review process including comments from Responsible Agencies and the public at large, that there was no substantial evidence that the proposed project would have a significant effect on the environment and that the MND reflected the City’s independent judgment and analysis.

SECTION 2. The City Council, based on the evidence in the record inclusive of the staff report, and written/oral testimony, hereby approves a zone change designation from Single-Family Residential (R-1) and Restricted Multi-Family Residential (R-2) to Planned Redevelopment (PR) at the subject site properties and as shown on below Table A and Zoning Map image:

Zoning Map – Proposed Designation
Table A - Zoning Change (File No. PLN20-0007)
Address # Assessor Parcel # Existing Zone Rezone
400 N. Glendora Avenue
/ 101 E. Whitcomb Avenue
8637-017-021 R2 PR
420 N. Glendora Avenue 8637-017-011 R1 PR
415 N. Vista Bonita Avenue 8637-017-013 R2 PR
117 E. Whitcomb Avenue 8637-017-016 R2 PR
125 E. Whitcomb Avenue 8637-017-020 R2 PR
131 E. Whitcomb Avenue 8637-017-019 R2 PR
Item #8. Page 4
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Ordinance ______ Page 3 of 5
SECTION 3. The following Use and Development Standards for the PR zoned site at the subject properties are hereby adopted as shown in Table B:

Table B - PR Zone Development Standards (File No. PLN20-0007) Allowed uses: Religious assembly/worship (church and
associated uses/structures); residential
Lot Area (minimum): 1 gross acre*
Lot Width (minimum): 70 Feet*
Lot Depth: 100 Feet (minimum)*
Building Height: 35 Feet (maximum)*
Front setback – Glendora Ave.: 9 Feet (minimum)*
Rear setback – North/Public Alley: 12 Feet (minimum)*
Street Side setback
– Whitcomb Ave. & Vista Bonita Ave.:
5 Feet (minimum)*
Play equipment 15 Feet (min. setback to property line)* Item #8. Page 5
Meeting Date: 12/12/2023 / Packet Page #: 464
Ordinance ______ Page 4 of 5
Parking: - One for each 4 permanent seats in the main
assembly area and one for each 40 square
feet of seating area in the main assembly
area where temporary or moveable seats are
provided.
-- 50 spaces per current proposed project
plans.
- Special events can utilize required onsite
parking areas for non-parking needs but
only on a temporary time-limit basis.
- Parking may encroach into above mentioned
setbacks for Whitcomb and Vista Bonita
Avenues but must be screened where
feasible from public streets with landscaping
and/or fence/walls.

Any item not addressed above will conform to the applicable requirements of the GMC, as determined by the Community Development Director
Footnote:
* For primary site (between Whitcomb Avenue and public Alley). Not applicable to site trach enclosure and property north of public alley (420 N. Glendora).

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

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

PASSED, APPROVED and ADOPTED this day of ______,
2023.

City Council of Glendora, California
BY:
__________________
Mayor
Item #8. Page 6
Meeting Date: 12/12/2023 / Packet Page #: 465
Ordinance ______ Page 5 of 5
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 14th day of November, 2023. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the ___ day of ________, 2023, by the following roll call vote:

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

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the ___ day of ________, 2023.

Dated:

KATHLEEN R. SESSMAN MMC
City Clerk/Communications Director
Item #8. Page 7
Meeting Date: 12/12/2023 / Packet Page #: 466

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 12, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD THE CONTRACT TO ECOTECH SERVICES, INC. FOR EXECUTING PROGRAMS

PERFORMING INSTALLATION AS PART OF WATER CONSERVATION PROJECT, IN AN AMOUNT NOT TO EXCEED $106,700

RECOMMENDATION
That the City Council:

1. Award a Professional Services Agreement for Water Conservation Professional Services to EcoTech Services, Inc. in an amount of $97,000 with a 10% contingency in the amount of $9,700 for a total amount not to exceed $106,700; and

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

STRATEGIC FOCUS AREAS
 Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
The City of Glendora is engaging in the implementation of water conservation programs that require a highly qualified, experienced firm to provide necessary services on behalf of City of Glendora. Public Works Water Conservation Section is seeking a vendor to assist conservation staff in performing direct installation of water-efficient toilets and urinals as part of the new Commercial Water Use Efficiency Program (“Program”) for commercial properties.

Water Conservation Division staff prepared a Request for Proposal (RFP) released on October 12th, 2023, to assist with obtaining qualified contractors in specialized conservation areas to provide direct installation of commercial water saving sanitary devices.

The RFP listed specific requirements, specifications, and scope of service for the direct installation of new high-efficiency toilets and ultra-low flow urinals. The RFP closed on November 9th, 2023, and staff received a total of one (1) proposal from EcoTech Services, Inc.

EcoTech Services, Inc. is a local business that has been providing water conservation services to private and public agencies, including the City of Glendora Water Division, for over 10 years. EcoTech Services, Inc., can provide Water Conservation Professional Services including performing toilet and urinal retrofits for all commercial customers of the City of Glendora Water Division that participate in the Program.

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 #9. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 467
Staff Report Page 2 of 2

DISCUSSION
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 ongoing Water Use Efficiency programs and tools.

Customer participation is a key element in responding to unpredictable drought conditions, supply shortages, and State water conservation legislation effective next year. This State legislation, SB606 & AB1668, aims to “Make Conservation a California Way of Life” which includes a renewed focus on commercial water use. The City’s new Commercial Water Use Efficiency Program (“Program”) will be introduced next year to assist commercial property owners in saving water while meeting the legislative performance measure requirements for commercial properties. With extensive media coverage on the legislation, in conjunction with our own outreach efforts, there is a greater awareness of water conservation in the business sector. Therefore, we anticipate a higher demand for water saving fixtures and devices from commercial properties in the next year.

Direct installation of water efficiency devices offers an easy way for commercial water customers to respond to the Statewide call for water conservation. Retrofitting toilets and urinals with low flow, high efficiency fixtures can have a substantial impact on lowering indoor water use. EcoTech Services, Inc., 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, EcoTech Services, Inc., 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
$1,127,097 has been allocated in the Water Division Water Conservation Fiscal Year 23-24 Budget.

There is sufficient available balance in the Water budget to fund the appropriation in the amount of $106,700.

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

Prepared By Russell Ackerman, Senior Management Analyst Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. EcoTech Services, Inc. Contract
B. EcoTech Services, Inc. Proposal
Item #9. Page 2
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
ECOTECH SERVICES, INC.

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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
ECOTECH SERVICES, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2023 by and between the City of Glendora, a California municipal corporation (“City”) and EcoTech Services, 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: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 5
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 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 ___________________
Malcolm McLaren, President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 6
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 4 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 $106,700.00 (One-Hundred Six Thousand, Seven Hundred Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.

The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 8
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 6 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.

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”). The City Manager may, at his/her sole discretion, extend the Term for one (1) additional one-year term, provided the City gives written notice of its intent to do so not later than sixty (60) days prior to the expiration of the Term. / / /
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 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:

Malcolm McLaren, President
Roxanna Alvardo, Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Contract Officer.

The Contract Officer shall be Assistant Public Works Director or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 10
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 8 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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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 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 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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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 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.

5.3 Indemnification.

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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 11 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 DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 14
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 12 complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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 DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 15
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 13 documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not 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 DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 16
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 14 failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

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 DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 17
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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 15 pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

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

7.9 Attorneys’ Fees.

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

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.

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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 16 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 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.

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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 ___________________
Malcolm McLaren, 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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Agreement – EcoTech Services (Water Conservation Program) 12.12.2023 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
Kyle Johnson
Finance Director / City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

ECOTECH SERVICES, INC.

Name: Malcolm McLaren
Title: President
Email Address: [email protected]
Name: Roxanna Alvarado
Title: Project Manager
Email Address: [email protected]
Address: 816 N. Todd Ave., Azusa CA 91702
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:

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

A. See Attachment A-1.

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B. Pre-Installation Inspection Services
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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:

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A. Program Reporting & Invoicing
IV. All work and products are 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. Project Organizational Chart
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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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:

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:

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01240.0001/535308.1 D-2
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

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

DocuSign Envelope ID: 173F93BE-4DF8-4ECF-BFBC-65BB56DA8504 Item #9. Page 30
Meeting Date: 12/12/2023 / Packet Page #: 496
816 N. Todd Ave, Azusa, CA 91702
www.EcoTechServices.net
626.335.1500
City of Glendora

COMMERCIAL DIRECT INSTALL

PROGRAM
Item #9. Page 31
Meeting Date: 12/12/2023 / Packet Page #: 497
816 N Todd Ave.

Azusa, CA 91702
www.ecotechservices.net
Type of Business:

Business License:

Federal Tax Identification Number:

Corporation / California
BU039625 / issued by City of Azusa
45-4731434
Malcolm McLaren, President
(626) 733-2056
[email protected]

THE ECOTECH ADVANTAGE
• Turnkey Program Solutions
• Dedicated Manager Assigned to Project
• Fully Staffed Customer Service Department
• Certified Field Technicians
Our goal as your contractor is to be the least of your worries. When it comes to project management, you as our client come first. We use the goal and the spirit of your project in all of our decision making.
• Company Uniforms & ID Badges
• Branded Fleet Vehicles w/ Logos & Phone #
• Dependable Track Record
• No 1099’s, No Up-Sales
Item #9. Page 32
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CONTENTS
City of Glendora
Commercial Direct Install Program

1. COVER LETTER 04

3. SCOPE AND SERVICES 07

8. Exhibit A (Fee Proposal) 19

9. Exhibit B (Product Specifications) 21

2. PROJECT UNDERSTANDING AND APPROACH 06

4. SCHEDULE 10

5. KEY PERSONNEL 11

6. REFERENCES 15
7 . WA R R A N T Y 18
Item #9. Page 33
Meeting Date: 12/12/2023 / Packet Page #: 499
City of Glendora | Commercial Direct Install Program 4
November 9, 2023
Russell Ackerman
Armando De Jesus
Jessica Clark
City of Glendora
116 E. Foothill Boulevard
Glendora, CA 91741
EcoTech Services, Inc. (EcoTech) is proud to submit this proposal to City of Glendora (Glendora) to provide commercial direct install of high efficiency sanitary fixtures.

With over ten years of experience in the plumbing industry, EcoTech is well positioned to provide costeffective and successful sanitary retrofit’s to Glendora’s commercial customers. Among the essential water conservation services that we offer, EcoTech specializes in plumbing sanitary designed to save water this includes toilets, urinals, aerators and water heaters.

EcoTech is a C-36 Plumbing contractor and with our years of experience it allows us to complete all work for this project internally and not need to use any consultants or sub contractors.

After reviewing the RFP in full EcoTech has also decided if awarded Roxanna Alvarado will be the Project Manager. She has several years of experience as detailed on in the key personal area and is ready to manage this project. However, please use the contact information above for all contract discussion and negotiation.

EcoTech has also looked at its work schedule for our Plumbing department and feel we have more than enough current resources and time to complete this project withing the scope timeline with end date of June, 2024.

Throughout this proposal, EcoTech will reveal its familiarity with the scope of work required and the company’s capability of performing timely and quality work to achieve your objectives.

We invite you to contact our clients to confirm our project implementation experience and to get a firsthand account of the quality of our work and performance. Please do not hesitate to contact me directly if you have further questions.

COVER LETTER
EcoTech Services, Inc.

Malcolm McLaren, President
816 N. Todd Ave, Azusa, CA 91702
626-335-1500 | [email protected]
www.EcoTechServices.net
C-27 & C-36 988204 | Department of Industrial Relations #1000019966 Contractor:

Primary Contact:

License:

Item #9. Page 34
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City of Glendora | Commercial Direct Install Program 5
I am authorized to bind my company to this proposal, which includes the facts and figures herein.

Sincerely,
Malcolm McLaren, President
EcoTech Services, Inc.

COVER LETTER cont.

Item #9. Page 35
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City of Glendora | Commercial Direct Install Program 6

2. PROJECT UNDERSTANDING AND APPROACH
Project Understanding
Overview
EcoTech understands the goal of the project is to provide a turn key program solution to commercial customers for retrofitting their existing inefficiency plumbing fixture with high efficiency models at no cost to the user. This program will help reduce the water use of these commercial buildings which represents almost 20% of the city’s water use.

We fully are ready to address every aspect and desire of the city mentioned in this RFP and will show in the following pages are history of doing this type of work including for the City of Glendora.

Understanding detail
Overall EcoTech understands and is ready to provide the following in short summary that will be discussed more in detail on the following pages.

1. Excellent customer service to commercial participants to encourage participation and recommendations to other commercial sites

2. Collect signed participation forms

3. Complete pre inspection to assess site participation and water savings

4. Retrofit inefficient sanitary plumbing fixtures with high efficient models including removal, disposal and installation

5. Inform the participant of EcoTech’s warranty and followup customer service options

6. Provide highly organized program tracking

7. Invoice monthly for work completed and included required supplemental material Deviations
Installation Goal
EcoTech Services understands the goal of the program is to retrofit 50 high-efficiency toilets and 50 ultralow flow urinals in commercials buildings. However, we would like to make the city aware this could be difficult and counter intuitive to achieve. Most commercial buildings install toilets and urinals in a 3 :1 ratio.

Meaning there is only one (1) urinal for ever three (3) toilets. EcoTech feels the city should be flexible of the goals of each fixture type or it could be put into a position where very early in the project it will only be able to offer urinals to commercial customers. This seems less productive then 100% completing an entire commercial property if the funding is available.

Please note this change in flexibility to fixture count could alter the not to exceed limit on our Fee Proposal section.

More Detailed Fee Structure Advantage
EcoTech recognizes the value of a simplified fee structure. However in projects and programs such as this there can be significant cost differences in type of fixtures. If City of Glendora wishes EcoTech can provide a more detailed fee structure to maximize financial savings and spread the City’s budget to more customers.

Item #9. Page 36
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City of Glendora | Commercial Direct Install Program 7
On the following pages EcoTech will describe in more detail how it will preform the tasks required to successfully complete this project on behalf of the City of Glendora. We will also discuss deliverables, estimated timelines and milestones.

Pre-Installation
Customer Service
Customer Service in a program like this is a top priority as past experience has show that Property Owners for commercial buildings are very hard to get a hold of and gain trust. Once that trust is gained it is critical to keep it. EcoTech will ensure customer service is kept as a top priority throughout the process.

To ensure this EcoTech will be completing the following

1. Participants will only deal with one project manager for all project needs including schedule, inspections, installation and final site walk.

2. All participants will receive the direct cell phone for the project manager and installation team completing work.

Customer Participation Form
During the first month of the program EcoTech will work with the City of Glendora to develop a participation agreement and hold harmless. EcoTech has worked on several program like this in the past and are more than happy to share samples with the city.

EcoTech will attempt to receive electronically the Property Owners consent via the participation form for the inspection and overall participation in program. If this can not be done electronically EcoTech will bring physical forms to the pre installation inspection discussed below. The forms must be signed before EcoTech enters the property.

Pre Installation Inspection
EcoTech will schedule with the site representative to inspect the proposed site and complete a current plumbing inspection. EcoTech will make all reasonable efforts to be available for inspections at the convenience of the site.

During this time we will inspect each plumbing fixture, and collect at the minimum the following data; • Static and Dynamic Water pressure
• Interview building maintenance for previous plumbing problems • Plumbing inventory (current make Model and Model)
• Current GPF/ GPM of indoor fixtures
• Toilet Rough-in
• Abnormal retrofit requirements
• Water meter for leaks (does not include specific leak detection) • Sanitary fixture leak rate if possible
• EcoTech shall attempt to visually inspect for water damage, damaged flanges, leaking valves and supply lines.

3. SCOPE AND SERVICES
Item #9. Page 37
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City of Glendora | Commercial Direct Install Program 8
• Water shutoff procedures and availability
• Project contacts
• Site replacement product preferences if any
• Staging requirements if any
• Sample photos of pre existing fixtures
Site Retrofit Estimate
After the successful completion of the site assessment EcoTech will create a detailed retrofit quote sheet for the site based off the pricing in Exhibit A. This estimate will be based off only retrofitting fixture with a n existing GPF of 1.6 for toilets and 1.5 for urinals. This cost must be approved by the City before any retrofit work begins. At the same time EcoTech will provide a detailed summary and estimate sheet to the site of any work not covered by Glendora’s program.

Product Selection
After approval of the project by the City, EcoTech will work the site representative to select the retrofit product, discuss logistics of the retrofit and schedule the work to be completed. The site representative will be provided a list of product options that meet the requirements set forth in the RFP and fall within the price point of EcoTech’s Bid. EcoTech will assist site with our experience and recommend to them the product we thing will work best in their situation. EcoTech highly recommend to commercial sites to install ADA toilets as required to meet City code requirments. See Exhibit B for examples.

Installation
Site Retrofit
After approval of the project by the City, product has been selected by the site, installation logistics including the install date decided, EcoTech will move onto the installation phase. All Installations will be comleted in house by EcoTech Services staff.

The first step will be staging materials and disposal/recycling services as necessary. Most sites will not require any sort of staging if the site is small or logistics allow for a paced out schedule.

Once the retrofits begin we will work daily until completion of the project pending any unavoidable and unforeseen circumstances. All work will be completed Monday- Friday between the hours of 6am4:30pm. Absolutely no work will be allowed on weekends due to the requirement of overtime rates set forth by prevailing wage law. EcoTech will make all reasonable efforts to be available for installations at the convenience of the site following these guidelines.

Installation will always include;
• New flange bolts
• New wax ring
• New toilet caps
• New supply line
• Removal and installation of new caulking
• Disposal or recycle of all installation material
• New toilet seat installed

3. SCOPE AND SERVICES cont.

Item #9. Page 38
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City of Glendora | Commercial Direct Install Program 9
Installation will include as-needed;
• New Angle Stop
• Flange Repairs (not replacement)
Upon completion of the retrofitting of an entire restroom EcoTech will ensure that site is left clean with no debris in the room. EcoTech will do a final mop of the floor to leave the site in most presentable condition.

Program Reporting & Invoicing
Program Reporting & Invoicing
EcoTech plans to use Google Drive for duration of the program for management. This program allows EcoTech to keep the City fully up to date at all times. Within this Google drive EcoTech will store at the minimum a program tracker, participation agreements, pre/ post photos, and any other documents required by the City for the success of the program.

EcoTech will maintain a program tracker at all times that will contain at the minimum the list contained within the RFP. This tracker will be held in the google drive and will allow the city to export into excel at anytime.

Invoicing
On a monthly basis EcoTech will submit billing to the City of Glendora, all billing will be detailed and itemized by the fee schedule, and include the completed customer participation form. EcoTech will also include a link to those site’s google drive folder which will contain before and after photos and other documentation of the installation.

Safety
EcoTech has policies in place to ensure the up-most safety throughout the entirety of the Project. All field technicians are required to wear branded EcoTech apparel to identify them as contractor personnel.

Before the program starts, EcoTech will conduct a group activity hazard analysis (AHA) meeting with technicians to identify common safety concerns that an employee might encounter during the course of this program, such as dogs, traffic, improper lifting and how to avoid them. EcoTech holds a mandatory BiMonthly safety meeting for the program field employees on appropriate topics to reinforce the safety hazards identified at the AHA meeting.

EcoTech Field Staff
All EcoTech field staff will be properly trained to complete all work and program guidelines. They will arrived in a Logo’s truck displaying at the minimum the company name, phone number and contractor license number. While at the sites staff will display a company identification badge for participants. All staff will be professional, presentable, groomed and ready to represent EcoTech Services and City of Glendora. A phone number and email will be provided to the City for all field staff members working on this program.

3. SCOPE AND SERVICES cont.

Item #9. Page 39
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City of Glendora | Commercial Direct Install Program 10

4. SCHEDULE
Date Project
Timeline
Tasks
January Kickoff • Kickoff Meeting and introductions
• Site Selection Discussion
FebruaryMay Retrofits
• Complete Site Assessments and Retrofits at one
or several locations
• Estimated minimum 10 fixtures can be installed per day.

June Closeout
• Provide City of Glendora any final close out
documentation.
• Submit any final Invoices
Item #9. Page 40
Meeting Date: 12/12/2023 / Packet Page #: 506
City of Glendora | Commercial Direct Install Program 11 Malcolm McLaren, President
Malcolm will work directly with the City of
Glendora’s Manager and to set up effective
logistics and maintenance timelines. Malcolm
will also over see that all DIR requirements are
met.

Roxanna Alvarado, Project Manager
Roxanna shall be the project manager for
the program. She will handle all direct
communication with City representative and
guide the program to success.

Blanca Torres,
Accounting Clerk
Blanca shall oversee all
accounting work with
District. Blanca and
her team will ensure
DIR compliance for the
duration of the project.

PROJECT ORGANIZATIONAL CHART

4. KEY PERSONNEL cont.

Genaro Ruesga,
Service Technician
Genaro will be in charge of
all field retrofit work. He
will take part in inspection
walks and discuss with the
site specific details about
their location.

Item #9. Page 41
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City of Glendora | Commercial Direct Install Program 12

5. KEY PERSONNEL

KEY PERSONNEL RESUMES

OVERVIEW
EcoTech Services feels it has the staff on hand, is ready to take on this construction project and to exceed the expectations of City of Glendora. All staff mentioned here are currently assigned roles within our plumbing team and have the direct experience to transfer their skills to this very similar project. EcoTech does not foresee an increase in any staffing roles.

On the following pages you will find the resumes of the direct staff that will work on your project as well as an organizational chart that lays out their duties.

Malcolm McLaren, President
Mr. McLaren grew up working for his father in the landscaping and irrigation industry, which fostered his keen interest in new technologies and improvements in the field.

While gaining his foundational experience in landscape construction, Mr. McLaren's focus shifted to water conservation in 2012 as a trend in the industry was beginning.

Mr. McLaren graduated from Pasadena City College with an Associates Degree in Engineering and Technology in 2014. He began applying his newly acquired knowledge and techniques with his position at AquaSave in 2013. Mr. McLaren was promoted to Retrofit Supervisor at AquaSave in 2015. During this time he was able to help the company acquire new specialty tools, stay within budget and meet client’s expectations. In May 2015 Mr. McLaren joined EcoTech Services as their Director of Operations. Since then he has helped the company manage their customer accounts more efficiently, take on larger projects and keep client satisfaction priority number one. In 2017 he was named Vice President and in late 2018 Malcolm became President.

Education
Pasadena City College | Associates Degree in Engineering and Technology, 2014 Certifications & Associations
President, California Landscape Contractors Association, LA/SGV Chapter OSHA 30 Safety Certified
Certified Rain Bird IQ Operator and Technician, ESP-LX Operator, Decoder & Irrigation Technician QWEL Certified
CLCA Certified Water Manager
D irect R elevant P roject E xperience
Pressure Regulating Valves | Inland Empire Utilities Agency Chris Garcia, (909) 993-1789, [email protected]
Malcolm has overseen the Pressure Regulating Valve program for the last 6 years. Malcolm has ensured during those 6 years EcoTech and IEUA has maintained DIR compliance, used plumbing apprentices and provided documentation for two state audits. During these audits EcoTech was found within compliance and violating no rules.

Item #9. Page 42
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City of Glendora | Commercial Direct Install Program 13 Conservation Retrofit Project | Central Basin Municipal Water District Sandi Linares-Plimpton, (323) 201-5511, [email protected] Between 2014 and 2016 Malcolm led the successful completion of a conservation project from a last minute grant.

This project covered irrigation and plumbing upgrades to public facilities. It was subject to prevailing wage and was subject to a PLA agreement. Malcolm navigated the paperwork of this project successfully and was able to complete the $850,000 project in about 2 years.

5. KEY PERSONNEL cont.

Blanca Torres, BookKeeper
Blanca joined EcoTech is 2022 and took over the role as Bookkeeper. Before EcoTech Blanca worked fro Sage Supply and Road Work Ahead in Idaho for 3 years. There she gain experience in specific construction related accounting management which made her a great fit to join EcoTech Services. Blanca is a detail oriented Accounting Manager with over 13 years of Accounting and Office Management experience. She enjoys what she does and welcomes the opportunity to help others. Blanca also supplies EcoTech with its current office dog name Pebbles who keeps us level headed during stressful days.

D irect R elevant P roject E xperience
WECAN Project | Santa Ana Water Shed Project Authority
Rick Whetsel, (951) 354-4222, [email protected]
Completes all detailed invoices and maintains prevailing wage compliance for over one year into a 3 year project.

Pressure Regulating Valves | Inland Empire Utilities Agency Chris Garcia, (909) 993-1789, [email protected]
Completes all detailed invoices and maintains prevailing wage compliance for over one year into a 6 year project.

Item #9. Page 43
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City of Glendora | Commercial Direct Install Program 14

5. KEY PERSONNEL cont.

Roxana Alvarado, Project Manager
Roxana Alvarado is currently EcoTech’s Plumbing Project Manager. Roxana began her career at EcoTech Services in 2019 as a Customer Service Supervisor. With 20 years of client relation experience she brings her enthusiastic energy to the water conservation efforts. She strives to provide excellent customer satisfaction, which is a trait that has carried over to her current position. As a project manager she takes great care as a liaison between water agency representatives, site staff, and participants.

Certifications & Associations
OSHA 30 Safety Certified
D irect R elevant P roject E xperience
Pressure Regulating Valves | Inland Empire Utilities Agency Chris Garcia, (909) 993-1789, [email protected]
Roxanna has manged this program for IEUA for the last 2 years and has ensured customer and client satisfaction, and DIR Compliance. This project for Roxy brings unique challenges as we must balance the work and funding from over 5 member agencies of IEUA
Commercial High Efficiency Plumbing Install Pilot Program | City of Glendora Russell Ackerman, (626) 852-4838, [email protected] In 2022 Roxanna worked as the EcoTech project manger with the City of Glendora on a pilot program to retrofit a commercial facility with High Efficient plumbing fixtures. This pilot installed 18 toilets and 1 urinal at ST. Lucy’s in Glendora.

Genaro Ruesga, Service Technician
Genaro “Geno” Ruesga joined EcoTech Services 2023. He served 6 years in the United States Navy specialized as a Weapons Specialist. Continued his navel general education and training in character development, professional leadership. After serving Genaro begin his plumbing career in 2019, working for private contractors, new construction and custom home plumbing.

During this time Geno gained a variety of experience including; installing toilets, showers, vanities, pressure regulators, water heaters and general home repairs.

Certifications & Associations
OSHA 10 Safety Certified
Item #9. Page 44
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City of Glendora | Commercial Direct Install Program 15

6. REFERENCES
EcoTech is a plumbing contractor that specializes in water conservation specifically. Since 2012 we have replaced thousands of plumbing fixtures with high efficiency models in Southern California. Our team is well-versed in the unique challenges and opportunities that arise from retrofitting commercial plumbing fixtures. Please find below some of references and I encourage you to reach out to them to get a full review of EcoTech Services.

Toilet Direct Installation and Delivery
Program
2014- Present
EcoTech has been working with Fontana Water Company for almost the last decade providing customers within the service area with high efficiency toilets either installed or delivered directly to the customer.

Contact: Patrick Soto
Title: Conservation Coordinator
Phone: (909) 201-7391
Email: [email protected]
Client: Fontana Water Company
Value: $85,000 yearly
Toilet Direct Installation and Delivery
Programs
2014- Present
EcoTech has been working with Liberty Utilities for almost the last decade providing customers within the service area with high efficiency toilets either installed or delivered directly to the customer. We currently service Liberty Utilities’ service areas of Downey, Apple Valley, and all service areas in Arizona
Contact: Sara Alloway
Title: Water Efficiency Manager
Phone: (623) 262-2020
Email: Sara.Alloway@libertyutilities.com
Client: Liberty Utilities
Value: $250,000 Annual
Residential Toilet Programs
Item #9. Page 45
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City of Glendora | Commercial Direct Install Program 16

6. REFERENCES cont.

Leak Repair Pilot Program 2023- Present
In early 2023 EcoTech started a pilot leak repair program with Monte Vista Water District that targeted low income customers within their service area. This program offers free plumbing repairs to fixtures that are leaking within the house to help that customer save water and lower their bill.

Contact: Kelley Donaldson
Title: Community Affairs Manager
Phone: (909) 402.5583
Email: [email protected]
Client: Monte Vista Water District
Value: $15,000
Pressure Regulating Program 2016- Present
Since 2014 EcoTech has worked with IEUA to provide an installation or repair program of pressure regulating valves to its water district’s member agency customers. This program was created to combat high pressure zones in several key areas within IEUA and lower water waste. This program is prevailing wage and has been very successful over the years serving hundreds of customers.

Contact: Chris Garcia
Title: Environmental Resources Planner II
Phone: (909) 993-1789
Email: [email protected]
Client: Inland Empire Utility Agency
Value: $800,000 total to date
Other Residential Programs
Item #9. Page 46
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City of Glendora | Commercial Direct Install Program 17 Conservation Retrofit Project 2014- 2016
In 2014 EcoTech worked with Central Basin Municipal Water District to implement a last minute grant water conservation program within it’s service area. This conservation program targeted indoor and outdoor fixture replacements at public commercial facilities. This project was fully administered by EcoTech and was subject to prevailing wage and plumbing was subject to PLA Compliance. The plumbing portion had us complete plumbing retrofits of aerators, urinals and flush valve toilets.

Contact: Sandi Linares-Plimpton
Title: Water Efficiency/Conservation
Manager
Phone: (323) 201-5511
Email: [email protected]
Client: Central Basin Municipal Water
District
Value: $850,000

6. REFERENCES cont.

Commercial High Efficiency Plumbing
Install Pilot Program
2022
In 2022 EcoTech worked with the City of Glendora on a pilot program to retrofit a commercial facility with high efficient plumbing fixtures. During this pilot we installed 18 toilets and 1 urinal at ST.

Lucy’s in Glendora.

Contact: Russell Ackerman
Title: Senior Management Analyst
Phone: (626) 852-4838
Email: rackerman@cityofglendora.
org
Client: City of Glendora
Value: $16,000
Commercial Installations
Item #9. Page 47
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City of Glendora | Commercial Direct Install Program 18 EcoTech Services Product Warranty
• EcoTech warrants the product used during installation for a period of one (1) year of normal use. • EcoTech’s warranty does not cover normal wear and tear, cosmetic damage post-installation sign-off, staining, UV Damage, cleaning, calcium build up, clogged aerators, toilet malfunction diagnostic postinstallation sign-off, a “running” toilet or flushing problems. • EcoTech will have the right to inspect the areas at issue to determine the cause of the alleged defects. If the defects are determined to be within the scope of the workmanship warranty, EcoTech will make the necessary repairs at EcoTech’s expense.

Manufacturer’s Limited Warranty
• Manufacturer’s warranty will differ with each manufacturer and product. • Program participants are given manufacturer’s product literature and owner’s manual, which will contain warranty information.
• After EcoTech’s one (1) year product warranty has expired it is the program participant’s responsibility to contact the manufacturer for any warranty issues.

7. WARRANTY
Item #9. Page 48
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City of Glendora | Commercial Direct Install Program 19 Exhibit A
Item #9. Page 49
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City of Glendora | Commercial Direct Install Program 20 This cost proposal includes all tasks and deliverables listed in the Scope of Work. The cost per unit below is all inclusive of taxes and overhead associated with product purchasing and program administration. The costs also include all labor, employee benefits, mileage, equipment, materials, insurances, and reproduction costs.

Further details are available in the Product Specifications section.

This fee proposal is not to exceed.

7. Exhibit A
Toilet Cost
Fixture Replacement Labor Materials Total Cost per
Device
Toilet $ 450 $ 550 $ 1,000
Urinal $ 450 $490 $ 940
*For an additional $40 commercial fixtures can be upgraded to add an EverClean coating which drastically aids in cleaning assisting janitorial staff. *EcoTech Services again would highly recommend to allow a more detailed fee proposal to allow maximum project budget usage.

See project Understanding and Approach for more details.

Costs Expanded
Fixture Replacement Cost Qty Total
Toilet $ 1000 50 $ 50,000
Urinal $ 940 50 $ 47,000
Grand Total Not to Exceed $ 97,000
Item #9. Page 50
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City of Glendora | Commercial Direct Install Program 21 Exhibit B
Item #9. Page 51
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City of Glendora | Commercial Direct Install Program 22 M113 © 2018 AS America Inc.

To Be Specified:
❏ Color: ❏ White
❏ Seat:
❏ American Standard #5901.100 Heavy duty
open front less cover
❏ American Standard #5905.100 Extra heavy
duty open front less cover
❏ Flushometer Valve:
❏ 1.6 gpf:
❏ Sensor-Operated: American Standard Selectronic®
DC Power #6065.161.002 (Top Spud)
❏ Sensor-Operated: American Standard Selectronic®
AC Power #6067.261.002 (Back Spud)
❏ Manual: American Standard #6047.161.002
(Top Spud)
❏ 1.28 gpf:
❏ Sensor-Operated: American Standard Selectronic®
DC Power #6065.121.002 (Top Spud)
❏ Sensor-Operated: American Standard Selectronic®
AC Power #6067.221.002 (Back Spud)
❏ Manual: American Standard #6047.121.002
(Top Spud)
❏ 1.6 / 1.1 gpf Dual Flush:
❏ Sensor-Operated: American Standard Selectronic®
DC Power #6065.761.002 (Top Spud)
Madera™ FloWise® 16-1/2" Height
Elongated Flushometer Toilet VITREOUS CHINA LESS EVERCLEAN® Madera™ FloWise® 16-1/2" Height Elongated
LESS EverClean®
• Floor mount flushometer valve toilet
• Vitreous china
• High Efficiency, Low Consumption. Operates in
the range of 1.1 gpf to 1.6 gpf (4.2 Lpf to 6.0 Lpf)
• Meets definition of HET (High Efficiency Toilet)
when used with a high efficiency flush valve
(1.28 gpf or 1.6 / 1.1 gpf dual flush)
• Fully glazed 2-1/8" trapway
• Elongated bowl
• 10" or 12" roughing-in
• 16-1/2" rim height for accessible application
• Condensation channel
• Powerful direct-fed siphon jet action
• 10" x 12" water surface area
• 1-1/2" inlet spud
• 2 bolt caps
❏ 3043.001 Elongated bowl only, top spud
❏ 3248.001 Elongated bowl only, top spud with
slotted rim for bedpan holding
❏ 3249.001 Elongated bowl only, back spud
System MaP* Score:
• 1,000 grams of miso @ 1.1 gpf, 1.28 gpf or 1.6 gpf
when used with an American Standard flush valve
* Maximum Performance (MaP) testing performed by IAPMO
R&T Lab. MaP Report conducted by Veritec Consulting, Inc. and Koeller and Company.

Component Parts:
❏ 047007-0070A Inlet Spud (furnished with bowl)
❏ 481310-100 Bolt caps with retainers
(furnished with bowl)
Nominal Dimensions:
718 x 356 x 419mm
(28-1/4" x 14" x 16-1/2")
Fixture only, less seat and flush valve
Recommended working pressure–between
25 psi at valve when flushing and 80 psi static
Compliance Certifications -
Meets or Exceeds the Following Specifications:
• ASME A112.19.2 / CSA B45.1 for Vitreous
China Fixtures

SEE REVERSE FOR ROUGHING-IN DIMENSIONS

BARRIER FREE

MEETS THE AMERICANS WITH DISABILITIES ACT GUIDELINES
AND ANSI A117.1 REQUIREMENTS FOR ACCESSIBLE AND USABLE
BUILDING FACILITIES - CHECK LOCAL CODES.

When installed so top of seat is 432 to 483mm (17" to 19") from the finished floor. spec_3043.001 Madera FW 16.5Height-EL-Flushometer 11/18

ENVIROMENTAL PRODUCT

DECLARATION

ADA COMPLIANTWATER
EFFICIENT When used with

1.1 or 1.28 gpf
toilet flush valves

8. Exhibit B
Flush Valve Toilet- ADA
Item #9. Page 52
Meeting Date: 12/12/2023 / Packet Page #: 518
City of Glendora | Commercial Direct Install Program 23 M109 © 2018 AS America Inc.
spec_2234-2623-2624.001MaderaFW15elFlushomtr Rev 10/18
To Be Specified:
❏ Color: ❏ White
❏ Seat:
❏ American Standard #5901.100 Heavy duty
open front less cover
❏ American Standard #5905.100 Extra heavy
duty open front less cover
❏ Flushometer Valve:
❏ 1.6 gpf:
❏ Sensor-Operated: American Standard Selectronic®
DC Power #6065.161.002 (Top Spud)
❏ Sensor-Operated: American Standard Selectronic®
AC Power #6067.261.002 (Back Spud)
❏ Manual: American Standard #6047.161.002
(Top Spud)
❏ 1.28 gpf:
❏ Sensor-Operated: American Standard Selectronic®
DC Power #6065.121.002 (Top Spud)
❏ Sensor-Operated: American Standard Selectronic®
AC Power #6067.221.002 (Back Spud)
❏ Manual: American Standard #6047.121.002
(Top Spud)
❏ 1.6 / 1.1 gpf Dual Flush:
❏ Sensor-Operated: American Standard Selectronic®
DC Power #6065.761.002 (Top Spud)
Madera™ FloWise® 15" Height
Elongated Flushometer Toilet VITREOUS CHINA LESS EVERCLEAN® Madera™ FloWise® 15" Height Elongated
LESS EverClean®
• Floor mount flushometer valve toilet
• Vitreous china
• High Efficiency, Low Consumption. Operates in
the range of 1.1 gpf to 1.6 gpf (4.2 Lpf to 6.0 Lpf)
• Meets definition of HET (High Efficiency Toilet)
when used with a high efficiency flush valve
(1.28 gpf or 1.6 / 1.1 gpf dual flush)
• Fully glazed 2-1/8" trapway
• Elongated bowl
• 10" or 12" roughing-in
• 15" rim height
• Condensation channel
• Powerful direct-fed siphon jet action
• 10" x 12" water surface area
• 1-1/2" inlet spud
• 2 bolt caps
❏ 2234.001 Elongated bowl only, top spud
❏ 2623.001 Elongated bowl only, top spud with
slotted rim for bedpan holding
❏ 2624.001 Elongated bowl only, back spud
System MaP* Score:
• 1,000 grams of miso @ 1.1 gpf, 1.28 gpf or 1.6 gpf
when used with an American Standard flush valve
* Maximum Performance (MaP) testing performed by IAPMO
R&T Lab. MaP Report conducted by Veritec Consulting, Inc. and Koeller and Company.

Component Parts:
❏ 047007-0070A Inlet Spud (furnished with bowl)
❏ 481310-100 Bolt caps with retainers
(furnished with bowl)
Nominal Dimensions:
718 x 356 x 381mm
(28-1/4" x 14" x 15")
Fixture only, less seat and flush valve
Recommended working pressure–between
25 psi at valve when flushing and 80 psi static
Compliance Certifications -
Meets or Exceeds the Following Specifications:
• ASME A112.19.2 / CSA B45.1 for Vitreous
China Fixtures

SEE REVERSE FOR ROUGHING-IN DIMENSIONS

ENVIROMENTAL

PRODUCT

DECLARATION
WATER
EFFICIENT When used with

1.1 or 1.28 gpf
toilet flush valves

8. Exhibit B cont.

Flush Valve Toilet- non ADA
Item #9. Page 53
Meeting Date: 12/12/2023 / Packet Page #: 519
City of Glendora | Commercial Direct Install Program 24 © 2019 AS America Inc. 1/19
MODEL NUMBER:
❑ 6147111.002 Flush Valve for 1-1/2" top spud bowl,
11-1/2" Supply C\L to top of bowl, 1.1 gpf/4.2 Lpf
OPERATING PRESSURE:
25 psi (flowing)-80 psi (static)
FLOW REQUIREMENT:
25gpm (94.6 L/min.)
INCLUDES:
• 1" I.P.S. angle stop with back-flow prevention and
vandal-resistant cap
• Sweat solder kit including cover tube and wall flange • High back pressure vacuum breaker with down tube
• Spud coupling & flange for 1-1/2" top spud
ACCESSORIES:
• Split ring pipe supports (2-1/2" & 6" C-E)
Ultima™ Manual Toilet Flush Valve
Diaphragm-Type

1.1 GPF / 4.2 LPF
RECOMMENDED SPECIFICATION:

Manual toilet flush valve shall feature self-cleaning diaphragm valve with integral DynaClean wiper spring in bypass orifice to prevent clogging. Advanced EvoLast diaphragm provides superior chorine-resistance. Includes dezincification-resistant cast brass valve body with chrome finish. Includes sweat solder kit with wall flange and cover tube. Angle stop with back-flow protection and vandal-resistant stop cap.

High back pressure vacuum breaker included. 1.1 gpf / 4.2 Lpf Flush valve shall be American Standard Model # 6147.111.002.

FINISHED WALL

FINISHED
FLOOR
57 mm Min.
(2-1/4")
371 mm
(14-5/8")
TYPICAL WATER CLOSET INSTALLATION:

AFWALL™ TOILET SHOWN
292 mm
(11-1/2")
-C-LSEE ROUGH-IN ABOVE

CRITICAL
LEVEL 108 mm,+/-13 mm
(4-3/4")(+/-1/2")
SUPPLY DN 25 mm
(1" I.P.S.)
GENERAL DESCRIPTION:

Manual Diaphragm-Type Water Closet Flush Valve for
floor-mounted or wall-hung 1-1/2" top spud bowls.

PRODUCT FEATURES:
• Patent-pending DynaClean™ wiper spring technology
significantly reduces maintenance and downtime.
• Self-cleaning wiper spring cleans the refill orifice with every flush; prevents valve run-on from clogging
• Prevents costly excess water usage and potential
flooding
• Premium, chlorine resistant EvoLast™ diaphragm
material prevents premature deterioration and failure
• Delivers consistent flushing performance and water
savings over time
• Dezincification-resistant brass alloy withstands the
most severe water conditions
• Non-hold open handle provides automatic shut-off
• High back pressure vacuum breaker prevents dripping
• Adjustable tailpiece for rough-in flexibility
• Can be installed left or right handed
• No external volume adjustment
• ADA complaint

8. Exhibit B cont.

Flush Valve (Toilet- 1.1 GPF) Option 1
Item #9. Page 54
Meeting Date: 12/12/2023 / Packet Page #: 520
City of Glendora | Commercial Direct Install Program 25 AquaVantage® is a registered trademark of Zurn Industries, LLC.

ZURN INDUSTRIES, LLC. ♦ COMMERCIAL BRASS OPERATION ♦ 5900 ELWIN BUCHANAN DRIVE ♦ SANFORD NC 27330 Phone: 1-800-997-3876 ♦ Fax: 919-775-3541 ♦ World Wide Web: www.zurn.com In Canada: ZURN INDUSTRIES LIMITED ♦ 7900 Goreway Drive Unit 10 ♦ Brampton, Ontario L6T5W6 ♦ Phone: 905-405-8272 Fax: 905-405-1292 Rev. A Date:2/27/2017
Dwg. No. 315809 Product No.Z6000AV-ONE
Z6000AV-ONE

1.1 gpf Exposed Manual Flush Valve withTop Spud Connection for High Efficiency Water Closets
Suffix Options (Check/Specify Appropriate Options)
_____ -BG BioCare Handle
_____ -H Handle on Front of Flush Valve
_____ -L 1" [25] Metal Push Button
_____ -L3 3" [76] Metal Push Button
_____ -YJ Split Ring Pipe Support
_____ -YK Solid Ring Pipe Support
_____ -YO Bumper on Angle Stop
_____ Other
This space is for Architectural/engineering Approval
ENGINEERING SPECIFICATION: ZURN Z6000AV-ONE
AquaVantage® ‘AV’ Exposed Closet Flush Valve - Exposed, quiet diaphragm-type, chrome plated flushometer valve with a polished exterior. Complete with Zurn's 1.1 gpf AquaVantage® TPE, chloramine resistant, dual seal diaphragm with a clog resistant by-pass. The valve is ADA compliant with a non-hold open and no leak handle feature, high back pressure vacuum breaker, one piece hex coupling nut, adjustable tailpiece, spud coupling and flange for top spud connection. Control stop has internal siphon-guard protection, vandal resistant stop cap, sweat solder kit, and a cast wall flange with set screw. Internal seals are made of chloramine resistant materials.

AquaVantage AV Model
®
TAG
®
The information contained in this document is subject to change without notice.

Please contact Zurn for most up to date information.

This product should be used with a
WaterSense labeled counterpart with a
compatible flush volume to ensure that the
entire system meets the requirements for
water efficiency and performance.

8. Exhibit B cont.

Flush Valve (Toilet- 1.1 GPF) Option 2
Item #9. Page 55
Meeting Date: 12/12/2023 / Packet Page #: 521
City of Glendora | Commercial Direct Install Program 26 M155 © 2018 AS America Inc.
spec_6590.001-6515.001 WashbrookUrinal Rev 11/18
Washbrook® FloWise®
Universal Urinal

VITREOUS CHINA
Washbrook® FloWise®
Universal Urinal
• Vitreous china
• Ultra High Efficiency, Low Consumption. Operates
in the range of 0.125gpf to 1.0gpf (0.5 Lpf to 3.8 Lpf) • Flushing rim
• Elongated 14" rim from finished wall
• Washout flush action
• Extended sides for privacy
• 3/4" inlet spud
• Outlet connection threaded 2" inside (NPTF)
• 2 wall hangers
• Fixture only
• Strainer included
• Meets ASME flush requirements at 0.125 to 1.0 gpf
❏ 6590.001 Universal Top spud
❏ 6515.001 Universal Back spud
Nominal Dimensions:
360 x 480 x 664mm
(14-1/8" x 18-7/8" x 26-1/8")
Recommended working pressure – between
20 psi at valve when flushing and 80 psi static
Compliance Certifications -
Meets or Exceeds the Following Specifications:
• ASME A112.19.2-2008/CSA B45.1-08 for Vitreous
China Fixtures
To Be Specified:
❏ Color: ❏ White
❏ Flush Valve:

1.0 gpf Flush Valve: Sensor-Operated:
❏ American Standard Selectronic® #6063.101.002
DC Power (Top Spud) ❏ American Standard Selectronic® #6062.101.002 AC Power (Back Spud)

1.0 gpf Flush Valve: Manual-Operated:
❏ American Standard # 6045.101.002

0.5 gpf Flush Valve: Sensor-Operated:
❏ American Standard Selectronic® #6063.051.002
DC Power (Top Spud) ❏ American Standard Selectronic® #6062.051.002 AC Power (Back Spud)

0.5 gpf Flush Valve: Manual-Operated:
❏ American Standard #6045.051.002

0.125 gpf Flush Valve: Sensor-Operated:
❏ American Standard Selectronic® #6063.013.002
DC Power (Top Spud)
❏ American Standard Selectronic® #6062.013.002
AC Power (Back Spud)

0.125 gpf Flush Valve: Manual-Operated:
❏ American Standard #6045.013.002

BARRIER FREE

SEE REVERSE FOR ROUGHING-IN DIMENSIONS

MEETS THE AMERICANS WITH DISABILITIES ACT GUIDELINES
AND ANSI A117.1 ACCESSIBLE AND USABLE BUILDINGS AND
FACILITIES - CHECK LOCAL CODES.

When installed so top of rim is 432mm (17") MAXIMUM from finished floor.

When used with

0.125 gpf
urinal flush vale
When used with

0.125 or 0.5 gpf
urinal flush vale
ADA

COMPLIANT

8. Exhibit B cont.

Urinal- .125 GPF Option 1
Item #9. Page 56
Meeting Date: 12/12/2023 / Packet Page #: 522
City of Glendora | Commercial Direct Install Program 27 M145 © 2018 AS America Inc.
spec_6002.001 Pintbrook Urinal Rev. C 11/18
Pintbrook™
Urinal

VITREOUS CHINA
Pintbrook™ Urinal
• Vitreous china
• High Efficiency operates in the range of

0.125 gpf to 0.50 gpf (0.47 Lpf/1.9 Lpf)
• Powerful washdown action
• Optimized chinaware contours provide superior
splash protection
• 3/4" inlet top spud
• Outlet connection threaded 2" NPT
• Wall hangers included
• Fixture only
• Made in Mexico (NAFTA compliant)
❏ 6002.001 Top spud
Nominal Dimensions:
366 x 364 x 575mm
(14-7/16" x 14-5/16" x 22-5/8")
Recommended working pressure – between
20 psi at valve when flushing and 80 psi static
Compliance Certifications -
Meets or Exceeds the Following Specifications:
• ASME A112.19.2-2008/CSA B45.1-08 for Vitreous
China Fixtures
To Be Specified:
❏ Color: ❏ White
❏ Flush Valve:

0.5 gpf Flush Valve: Sensor-Operated:
❏ American Standard Selectronic® #6063.051.002
DC Power

0.5 gpf Flush Valve: Manual-Operated:
❏ American Standard #6045.051.002

0.125 gpf Flush Valve: Sensor-Operated:
❏ American Standard Selectronic® #6063.013.002
DC Power

0.125 gpf Flush Valve: Manual-Operated:
❏ American Standard #6045.013.002

BARRIER FREE

SEE REVERSE FOR ROUGHING-IN DIMENSIONS

MEETS THE AMERICANS WITH DISABILITIES ACT GUIDELINES
AND ANSI A117.1 ACCESSIBLE AND USEABLE BUILDINGS AND
FACILITIES - CHECK LOCAL CODES.

When installed so top of rim is 432mm (17") from finished floor.

ENVIROMENTAL

PRODUCT

DECLARATION
When used with 0.125 gpf urinal flush valeWhen used with

0.125 or 0.5 gpf
urinal flush vale
ADA

COMPLIANT

8. Exhibit B cont.

Urinal- .125 GPF Option 2
Item #9. Page 57
Meeting Date: 12/12/2023 / Packet Page #: 523
City of Glendora | Commercial Direct Install Program 28 SLOAN® MANUAL FLUSHOMETER
SLOAN 186-0.125-DBP
Sloan 10500 Seymour Ave, Franklin Park, IL 60131
Phone: 800.982.5839 • Fax: 800.447.8329 • sloan.com
Code 3782643 • Downloaded 10/17/23 • 07/21/23 • View Latest Version

CODE NUMBER
3782643

DESCRIPTION

0.125 gpf, Dual-Filtered Bypass, Polished Chrome Finish, Fixture Connection Top Spud, Single Flush, Sloan® Exposed Manual Urinal Flushometer.

DETAILS
Flush Volume: 0.125 gpf (0.5 Lpf)
Finish: Polished Chrome (CP)
Valve: Diaphragm
Bypass: Dual-Filtered Bypass (DBP)
Valve Body Material: Semi-red Brass
Fixture Type: Urinal
Fixture Connection: Top Spud
Rough-In Dimension: 11 ½" (292mm)
Spud Coupling: ¾" (19mm)
Supply Pipe: ¾" (19mm)

FEATURES
Quiet, Exposed, Diaphragm Type, Chrome Plated High Efficiency Urinal
PERMEX® Synthetic Rubber Diaphragm with Dual Bypass
3⁄4” I.P.S. Screwdriver Bak-Chek® Angle Stop with Vandal Resistant Stop Cap
Vacuum Breaker with Flush Connection
Spud Coupling and Spud Flange for 3⁄4” Top Spud
Sweat Solder Adapter with Cover Tube and Cast Wall Flange Non-Hold-Open Handle and No External Volume Adjustment to Ensure Water Conservation
High Efficiency flush accuracy
Diaphragm, Handle Packing and Vacuum Breaker Molded from PERMEX® Rubber Compound for Chloramine Resistance
ADA Compliant Metal Oscillating Non-Hold-Open Handle
Watersense compliant when used with a 0.125 gpf WaterSense fixture
Variation Not Shown: Metal Button Fixture Wall Actuator

COMPLIANCES & CERTIFICATIONS

(ADA Compliant, BAA Compliant, BREEAM Materials Credit, BREEAM Water Credit, cUPC Certified, EPD, Green Globes
Materials & Resources Credit, Green Globes Water Credit, HPD, LEED Materials & Resources EPD Credit, LEED Materials & Resources HPD Credit, LEED V4 Water Efficiency Credit,
WaterSense Listed, Made in the USA, Satisfies LEED Credits)

RECOMMENDED SPECIFICATION
Valve Body, Cover, Tailpiece and Control Stop shall be in conformance with ASTM Alloy Classification for Semi- Red Brass. Valve shall be in compliance with the applicable sections of ASSE 1037 and ANSI/ASME 112.19.2.

VALVE OPERATING PRESSURE (FLOWING)
15 – 80 PSI (103 – 552 kPa). Specific fixtures may require greater minimum flowing pressure - consult manufacturer
requirements.

DOWNLOADS
Sloan Exposed Installation Instructions
Sloan Exposed (Spanish) Installation Instructions
Control Stop Repair and Maintenance Guide
Flush Connections Flanges Repair and Maintenance Guide
Tail Piece Repair and Maintenance Guide
Sloan Flushometer Repair and Maintenance Guide
Flushometer Pressure gauges
Additional Downloads
NOTES
All information contained within this document subject to

8. Exhibit B cont.

Flush Valve (Urinal- .125 GPF) Option 1
Item #9. Page 58
Meeting Date: 12/12/2023 / Packet Page #: 524
City of Glendora | Commercial Direct Install Program 29 AquaVantage® is a registered trademark of Zurn Industries, LLC.

ZURN INDUSTRIES, LLC. ♦ COMMERCIAL BRASS OPERATION ♦ 5900 ELWIN BUCHANAN DRIVE ♦ SANFORD NC 27330 Phone: 1-800-997-3876 ♦ Fax: 919-775-3541 ♦ World Wide Web: www.zurn.com In Canada: ZURN INDUSTRIES LIMITED ♦ 7900 Goreway Drive Unit 10 ♦ Brampton, Ontario L6T5W6 ♦ Phone: 905-405-8272 Fax: 905-405-1292 Z6003AV-ULF

0.125 GPF Ultra Low Flow Flush Valve for 3/4" Urinals
Suffix Options (Check/Specify Appropriate Options)
_____ -BG BioCare Handle
_____ -H Handle on Front of Flush Valve
_____ -L 1" [25] Metal Push Button
_____ -L3 3" [76] Metal Push Button
_____ -YJ Split Ring Pipe Support
_____ -YK Solid Ring Pipe Support
_____ Other
Rev. B Date: 5/25/2017
Dwg. No. 200299 Product No. Z6003AV-ULF
ENGINEERING SPECIFICATION: ZURN Z6003AV-ULF
AquaVantage® ‘AV’ Exposed Urinal Flush Valve- Exposed,
quiet diaphragm-type, chrome plated .125 GPF flushometer valve with a polished exterior. Complete with Zurn's AquaVantage® TPE, chloramine resistant, dual seal diaphragm with a clog resistant, filtered by-pass. The valve is ADA compliant with a non-hold open and no leak handle feature, high back pressure vacuum breaker, one piece hex coupling nut, adjustable tailpiece, spud coupling and flange for top spud connection. Control stop has internal siphon-guard protection, vandal resistant stop cap, sweat solder kit, and a cast wall flange with set screw. Internal seals are made of chloramine resistant materials.

AquaVantage® AV Model
TAG
Architectural/Engineering Approval
The information contained in this document is subject to change without notice.

This product should be used with a
WaterSense labeled counterpart with a
compatible flush volume to ensure that the
entire system meets the requirements for
water efficiency and performance.

8. Exhibit B cont.

Flush Valve (Urinal- .125 GPF) Option 2
Item #9. Page 59
Meeting Date: 12/12/2023 / Packet Page #: 525

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 12, 2023
FROM: POLICE DISTRICT(S): CITYWIDE
SUBJECT: APPROVE THE FLOCK GROUP ORDER FORM AND THE ASSOCIATED FIVE-YEAR

MASTER SERVICES AGREEMENT FOR AUTOMATED LICENSE PLATE READERS IN THE AMOUNT OF $392,500

RECOMMENDATION
That the City Council:

1. Approve the FLOCK Group order form and the associated five-year Master Services Agreement, for a cost of $78,500 annually, for a total amount of $392,500; and

2. Authorize the City Manager or his designee to execute the FLOCK Group order form and the associated five-year Master Services Agreement including minimal and/or non-substantive changes.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
Flocks Automated License Plate Readers technology provides City law enforcement the ability to have the City's access points monitored by cameras that alert police officers to stolen vehicles and those individuals who have criminal arrest warrants tied to vehicle license plates. These cameras have given officers the tools to effectively reduce crime. Several cities in our area also use Flock cameras. Those cities include:

Covina, Azusa, West Covina, Upland, San Dimas, Walnut, Ontario, Redlands, San Marino, and Monterey Park.

Flock is focusing their efforts on citywide coverage and establishing a network (mesh) of cameras in each community. Flock’s cameras capture the date, time, location, license plate, and vehicle details (type and color), as well as objects (bicycles, animals, and people). Notifications are received via the National Crime Information Center (NCIC), which is an electronic clearinghouse of crime data. NCIC operates under a shared management concept between the Federal Bureau of Investigation (FBI), federal, state, and local users.

As of January, 2024, Flock will increase their per unit price to $3,000 per camera. Renewing the contract for a five-year period, prior to December 31, 2023, ensures the City will retain the cost of $2,500 per camera, thereby saving $57,500, over the life of the proposed contract, for the same coverage and the same service and support. The total five-year cost to this agreement is $392,500 paid on an annual basis in the amount of $75,800.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On May 25, 2021 the City Council approved entering into a two-year contract to retain 30 stationary Flock license plate reading cameras.

Item #10. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 526
Staff Report Page 2 of 3
The Glendora Police Department has been utilizing Flock license plate cameras with great success since October of 2021.

DISCUSSION
Providing efficient law enforcement services to the community is a priority and as such, deploying stationary cameras that identify stolen vehicles and criminal arrest warrants tied to vehicle license plates is a key component to crime prevention. Since Flock cameras were installed at key points throughout the City, they have been used to facilitate criminal investigations on 261 occasions. Our community oftentimes encounters "burglary crews" from outside the city. These crews break into residences, businesses and vehicles and victimize our community. In one such instance, a burglary crew, based out of San Bernardino County, committed a commercial burglary at a large electronics retailer in Glendora and was identified using images from a Flock camera. This information resulted in the service of a search warrant, the recovery of stolen property and the apprehension of a group of individuals suspected of committing multiple commercial burglaries throughout southern California. Criminals are known to drive stolen vehicles while committing these types of crimes in an effort to hide their identity. Being able to identify stolen vehicles and intercept or interrupt these individuals by arresting them as they enter our city has reduced the occurrence of those criminals victimizing our community.

On average, the police department investigates about 200 commercial and residential burglaries per year.

From 2022 to 2023, we saw a 31% reduction in residential burglaries and a 12% reduction in commercial burglaries, year to date. Year to date for 2023, 24 stolen vehicles have been recovered with a suspect in custody, 50% of those cases originated from a Flock license plate camera notification. After our Flock camera system became operational, we saw a 133% increase in the number of arrests related to stolen vehicles. From 2022 to 2023, police department personnel saw a 42% decrease in the number of stolen vehicles entering the City of Glendora.

As a Flock Safety customer, we also have access to other cities' cameras furthering our investigative net by allowing us to search other cities’ databases for vehicles connected to investigations that occur in the City of Glendora. Since the introduction of Flock cameras, this has been used multiple times to advance a variety of criminal investigations.

The key benefits of Flock cameras are that they charge an annual flat rate lease per camera of $2,500, which is wireless, and free of infrastructure setup. They are also a Criminal Justice Information Services (CJIS) compliant cloud-based hosting service. The flat rate also includes unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and cellular connection. Staff has assessed the performance of the Flock camera system and found that is has been overwhelmingly successful in not only identifying those who commit crimes in the City, but also in preventing criminal behavior.

Currently, we have 30 cameras within the City of Glendora. The existing contract renewed in October 2023 and was set to expire in October 2024. Upon approval of this contract by the City Council, Flock Inc. will cancel the renewal which was just processed in October and apply the payment made towards the new 5-year contract with year-1 beginning once the contract is approved and signed. The new contract is necessary to ensure the City retains the current pricing model.

As of January 2024, Flock will increase their per unit price to $3,000 per camera. By renewing the contract for a 5-year period, prior to December 31, 2023, we will ensure the City will retain the cost of $2,500 per camera, thereby saving $57,500, over the life of the contract, for the same coverage and the same service and support. There is a $3,500 per year charge for an advanced search function that is commonly utilized to identify suspect vehicles where a license plate is not completely visible, but still allows the system to be searched using the make, model, color and any uniquely identifying features of the vehicle.

Flock is the sole manufacturer and developer of the Flock Safety Camera. There are several other differences between Flock and other ALPR companies. Most notably they are the only manufacturer and service provider that leases ALPR services. Others require the City to purchase equipment and Item #10. Page 2
Meeting Date: 12/12/2023 / Packet Page #: 527
Staff Report Page 3 of 3
infrastructure which oftentimes includes the purchase of data storage as well.

FISCAL IMPACT
The existing contract renewed in October 2023 and was set to expire October 2024. Upon approval of this contract by the City Council, Flock Inc. will cancel the prior renewal which was just processed in October and apply the payment made towards Year 1 of the new five-year contract. The new contract is necessary to ensure the City retains the current pricing model.

The total five-year cost to this agreement of $392,500 is included on an annual basis in the amount of $75,800 the Fiscal Year 2023-2025 Two-Year Budget. Sufficient funds are available in account 5484432.59100.60 through the Information Technology Department of the City.

ENVIRONMENTAL DETERMINATION
None
Prepared By Christopher M. Stabio, Police Captain
Concurs With Not Applicable
Reviewed By Matthew P Egan, Chief of Police
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. FLOCK Order and Master Services Agreement
B. PowerPoint
C. Sole Source Letter
Item #10. Page 3
Meeting Date: 12/12/2023 / Packet Page #: 528
Flock Safety + CA - Glendora PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Libby Landers
[email protected]
404-777-4113
Item #10. Page 4
Meeting Date: 12/12/2023 / Packet Page #: 529
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

Item #10. Page 5
Meeting Date: 12/12/2023 / Packet Page #: 530
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

Item #10. Page 7
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License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

Item #10. Page 9
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EXHIBIT A

ORDER FORM
Customer: CA - Glendora PD Initial Term: 60 Months
Legal Entity Name: CA - Glendora PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 150 N Glendora Ave Glendora, California 91741 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $78,500.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 30 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search $3,500.00 1 $3,500.00
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $78,500.00
Annual Recurring Subtotal: $78,500.00
Discounts: $82,500.00
Estimated Tax: $0.00
Contract Total: $392,500.00
Item #10. Page 10
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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $78,500.00
Annual Recurring after Year 1 $78,500.00
Contract Total $392,500.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $75,000.00
Flock Safety Add-ons $7,500.00
Flock Safety Professional Services $0.00
Item #10. Page 11
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Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description
Package: Essentials
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Direct Share - Surrounding Jurisdiction (Full Access)
Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page
Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Item #10. Page 12
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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below,.

FLOCK GROUP, INC. Customer: CA - Glendora PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

Adam Raymond
City Manager
Item #10. Page 13
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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and approved by the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 12th day of December 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as Item #10. Page 14
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exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

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1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

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3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, Item #10. Page 19
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text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any Item #10. Page 20
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such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

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5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or Item #10. Page 22
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withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. Item #10. Page 23
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A Item #10. Page 24
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PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF Item #10. Page 25
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LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Item #10. Page 26
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Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
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11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

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11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

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11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

Item #10. Page 30
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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

Glendora Police Department, 150 Glendora Avenue, Glendora, CA 91741 Chief Matt Egan Captain Chris Stabio
[email protected] [email protected]
Item #10. Page 31
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EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and Item #10. Page 32
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(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

Item #10. Page 33
Meeting Date: 12/12/2023 / Packet Page #: 558
Automated License Plate
Readers
Police Department
City Council Meeting
December 12, 2023
CityOfGlendora.org
Item #10. Page 34
Meeting Date: 12/12/2023 / Packet Page #: 559
2 Flock ALPR
• Stationary and infrastructure free.
• Solar powered.
• Camera has LTE built in – included in price.
• 30-day cloud storage.
• Can leverage other Flock cameras in other cities.
• Fingerprint Technology.
• Type of car, make, color, license plate, unique.
characteristics (i.e., different color fender).
• Flock is the sole manufacturer and developer of this camera and technology.

Item #10. Page 35
Meeting Date: 12/12/2023 / Packet Page #: 560
3 Flock ALPR Results in the Past Two Years
• The FLOCK camera system has been used 261 times to facilitate criminal investigations, often leading to the identification of suspects who would otherwise remain unidentified. • In the first three months of its use, FLOCK cameras increased arrest rates by 133% over the first 9 months of that same year.
• From 2022 to 2023 there was a 42% reduction in the number of stolen vehicles entering the City of Glendora.
• From 2022 to 2023 there was a 31% reduction in residential burglaries • During that same period, there was a 12% reduction in commercial burglaries Item #10. Page 36
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Fiscal Impacts
• As of January, 2024, Flock Inc. will increase their leasing prices from $2,500 per camera, to $3,000 per camera
– By renewing prior to January, 2024, the City will save $11,500 per year – Over the life of the 5-year contract, this amounts to $57,500 in savings • The contact comes with an optional 2-year extension at the same rate – Over the life of a 7-year contract, the City will save $80,500 • The total contact cost over 5 years will be $392,500
– Funding is available in Information Technology Fund account 548 4432 59100.60 4 Item #10. Page 37
Meeting Date: 12/12/2023 / Packet Page #: 562
5 Discussion for City Council
Recommendation:

1. Approve the FLOCK Group order form and the associated five-year Master Services Agreement, for a cost of $78,500 annually, for a total amount of $392,500; and

2. Authorize the City Manager or his designee to execute the FLOCK Group order form and the associated fiveyear Master Services Agreement including minimal and/or non-substantive changes.

Item #10. Page 38
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6 Questions??? Item #10. Page 39
Meeting Date: 12/12/2023 / Packet Page #: 564
Sole Source Letter for Flock Safety® ALPR Cameras and Solution Flock Safety® is the sole manufacturer and developer of the Flock Safety® ALPR Camera.

Flock Safety® is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety® ALPR Camera.

The Flock Safety® ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:

1. Vehicle Fingerprint Technology®:
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
○ Flock Safety Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera that is easy to self install. Flock Safety Falcon Flex™ ties seamlessly into the Flock Safety® ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge

2. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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Meeting Date: 12/12/2023 / Packet Page #: 565
○ Utilizes motion capture to start and stop recording without the need for a reflective plate
○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ Cloud storage of footage
○ Covert industrial design for minimizing visual pollution

3. Transparency & Ethical Product Design:
○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock Safety® system
○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured

4. Integrated Audio & Gunshot Detection:
○ Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)

5. Live Video Integration:
○ Ability to apply computer vision to third-party cameras using Flock Safety Wing® LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® ALPR cameras ○ Flock Safety Wing® Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety Wing® Suite ○ Ability to access live and recorded video using Flock Safety Condor™, a subscription video solution which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set-up, installation, or up-keep

6. Situational Awareness:
○ FlockOS™ is the world’s first and only public safety operating system compatible with Flock Safety™ live streaming fixed and PTZ Condor camera, Flock Safety Raven™ gunshot audio detection, while seamlessly integrating first and 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Item #10. Page 41
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third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center ○ Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS™ ESRI-based map
○ FlockOS™ features Flock Safety™ unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its’ direction of travel providing users with possible outcomes based on a confidence threshold

7. Partnerships:
○ Flock Safety® is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
○ Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of AXON’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety Falcon® cameras
○ Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost

8. Warranty & Service:
○ Lifetime maintenance and support included in subscription price ○ Flock Safety® is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety®
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Item #10. Page 42
Meeting Date: 12/12/2023 / Packet Page #: 567

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 12, 2023
FROM: PUBLIC WORKS DISTRICT(S): 3
SUBJECT: APPROVE A PURCHASE ORDER TO PS COMMERCIAL PLAY, LLC FOR NEW PLAYGROUND EQUIPMENT AT FINKBINER PARK IN THE AMOUNT OF $208,604 AND

APPROVE AN AMENDMENT TO A CONSTRUCTION AGREEMENT WITH DD SYSTEMS

FOR PLAYGROUND EQUIPMENT INSTALLATION AT FINKBINER PARK IN THE AMOUNT OF $201,397 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,332,144.

RECOMMENDATION
That the City Council:

1. Approve a purchase order to PS Commercial Play, LLC for new playground equipment at Finkbiner Park in the amount of $208,604;

2. Approve an amendment to the construction agreement with DD Systems for playground equipment installation at Finkbiner Park in the amount of $201,397 for a total contract amount not to exceed $1,332,144; and

3. Approve the appropriation of $410,000 from Fund 321 Capital Improvement to the Finkbiner Park Improvement Project.

4. Authorize the City Manager or his designee to execute the amendment agreement with DD Systems, Inc. including minimal and/or non-substantive changes.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
Finkbiner Park is a highly used public park in the City. The playground area is consistently visited by the families and the kids from the surrounding residential area.

City Council previously approved amending the Capital Improvement Program (CIP) to include a project comprehensively renovating the Finkbiner Park playground, restrooms, and tennis court areas, including conversion of one tennis court to four pickleball courts. This project (# 22658201) was bid in two (2) phases. Phase I was completed in May of 2023 and Phase II is under construction.

Phase II also encompasses a wide range of improvements with the construction and renovation of the playground and surrounding areas. As the park undergoes current improvements around the playground area, the replacement of playground equipment is the final enhancement needed to complete the Finkbiner Park renovation.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On February 8, 2022, City Council approved amending the Capital Improvement Program to include the Project, and appropriating $1,508,650 from Measure E Fund 103 for design and construction.

Item #11. Page 1
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Staff Report Page 2 of 3
On February 28th, 2023, Phase-1 of the Finkbiner Park Tennis and Pickleball Court Improvements was awarded to NOHO Constructors. Construction began in March of 2023 and concluded in May of 2023.

On August 22nd, 2023, Phase-2 of the Finkbiner Park Improvements was awarded to DD Systems, Inc.

Construction began in September of 2023.

DISCUSSION
The current playground at Finkbiner Park was installed in 2012. Typically, the life expectancy of playground equipment at a public park is around 12 years. To replace the playground equipment, City received a grant in the amount of $96,889.50 from Play & Park Structure Funding Committee through the Healthy Kids Initiative.

The City determined that it will be more cost-effective to replace the equipment before the new poured-inplace surfacing is installed. To meet the grant funding deadline, staff got permission from the City Manager to place the equipment purchase order prior to Council’s formal approval.

Proposed Playground Equipment
Per GMC Section 2.40.090(c)(6), competitive procurement through the informal and formal procurement processes shall not be required when cooperative purchasing is available and undertaken or when goods can be obtained through federal, state, and/or other public entity pricing contracts or price agreements.

Per California Government Code §6502 regarding Joint Powers Agreements, “if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state.”
California Multiple Award Schedules (CMAS) offers a wide variety of commodity products and services at prices which have been assessed to be fair, reasonable and competitive. The CMAS Program creates a pool of suppliers that government agencies can solicit offers from and streamlines the procurement process. PS Commercial Play pricing proposal provided to the City of Glendora complies with CMAS contract number 4-23-01-1000 which is valid until April of 2025.

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Staff Report Page 3 of 3
For removal and installation of playground equipment, staff contacted DD System for the quote. DD System, Inc. was already working on Finkbiner Park Improvements – Phase-2 under the Contract Agreement. DD System quote was found reasonable and lower than the informal quotes received from outside vendors. Therefore staff determined to extend the scope of work with DD System.

To install new playground equipment, DD System was directed to hold laying new poured-in-place surfacing, which was part of the original contract. To minimize the unavailability of the playground area and avoid any delays claims by the contractor, DD System was allowed to start the removal of equipment before Council’s formal approval. This will keep the project on schedule and playground area will be available to the residents in the shortest possible time.

New playground equipment along with overall Park improvements will bring significant benefits to the community and park visitors with improved aesthetics and overall appearance of the park, increased functionality and usability of the park's amenities, enhanced accessibility for individuals with disabilities, and increased reliability through electrical panel upgrades.

FISCAL IMPACT
Sufficient funding in the amount of $410,000 is available in Fund 321 Capital Improvement for this project.

Additionally, the City received a grant in the amount of $96,889.50 from Play & Park Structure Funding Committee through the Healthy Kids Initiative.

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act provisions pursuant to Section 15301(c). The exemption for Finkbiner Park Improvements was previously approved by City Council on February 28th, 2023.

Prepared By Maliha Fatima Ansari, Principal Civil Engineer Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. PS Commercial Play - Pricing Proposal
B. Amendment No. 1 - DD System Inc (Finkbiner)
C. Approved Agreement - DD System, Inc
D. Amendment No. 1 - DD System, Inc
Item #11. Page 3
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Recreation Brands of Southern
California, Inc.
540 S. Andreasen Drive Suite G
Escondido, CA, 92029
Phone: 858-442-3670
Fax: 423-425-3124
Email:
[email protected]
Contact:

Finkbiner Park
Citiy of Glendora
Attn: Kelsey Faye
160 N Wabash Avenue
Glendora, CA 91741
Phone: 626-914-8228
[email protected]
Quote Number: 807-161913
Quote Date: 7/19/2023
Stock ID Description Quantity Weight Unit Price Amount
RDU 2-5 Play Structure 1 7393.42 $127,008.00 $127,008.00 HKI HKI 50% DISCOUNT / OMNIA 1 0 ($63,504.00) ($63,504.00)

DISCOUNT - -
RDU 5-12 Play Structure 1 4474.34 $65,601.00 $65,601.00 HKI HKI 50% DISCOUNT / OMNIA 1 0 ($32,800.50) ($32,800.50)

DISCOUNT - -
65225 SHADED SWING 4 BAY 1 3024 $21,590.00 $21,590.00
OMNIA OMNIA DISCOUNT 1 0 ($1,079.50) ($1,079.50)
- -
RDU SWING SEATS 1 265 $6,780.00 $6,780.00
OMNIA OMNIA DISCOUNT 1 0 ($135.60) ($135.60)
- -
65288 WELCOME SIGN 5 - 12 1 23 $595.00 $595.00
OMNIA OMNIA DISCOUNT 1 0 ($297.50) ($297.50)
- -
65290 WELCOME SIGN 2 - 5 1 23 $595.00 $595.00
OMNIA OMNIA DISCOUNT 1 0 ($297.50) ($297.50)
- -
EP-SSERT1100DElephantPlay: Spinneround Top with Deck;
"As-Specified" 1 0 $21,580.00 $21,580.00
OMNIA OMNIA DISCOUNT 1 0 ($1,080.00) ($1,080.00)
- -
EP-CNAN1301N
ElephantPlay: AN1301N Small Dome &
Climbing Nets; Includes Rubber Pads; "AsSpecified"1 0 $20,843.00 $20,843.00 OMNIA OMNIA DISCOUNT 1 0 ($1,043.00) ($1,043.00)
- -
EP-SSERD120S ElephantPlay - Mini Half-Ball 1 0 $3,685.00 $3,685.00 OMNIA OMNIA DISCOUNT 1 0 ($185.00) ($185.00)
- -
Pricing per National IPA / OMNIA Partners Public Sector Contract #R220202._________ Please reference contract number on your purchase order made out to Play and Park Structures.

Total Weight: 15202.76 SubTotal: $167,854.40
Freight: $23,571.10
Tax: $17,205.08
Total Amount: $208,630.58

THIS QUOTATION IS SUBJECT TO POLICIES IN THE CURRENT PLAY & PARK STRUCTURES CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAY & PARK STRUCTURES, C/O Recreation Brands of Southern California, Inc..

Pricing: f.o.b. factory, firm for 30 days from date of quotation.

Item #11. Page 4
Meeting Date: 12/12/2023 / Packet Page #: 571
D CALIFORNIA DEPARTMENT OF Procurement Division
707 Third Street, 2nd Floor, MS #2-202
~ GENERAL SERVICES West Sacramento, CA 95605-2811
State of California

MULTIPLE AWARD SCHEDULE

NON-MANDATORY
PS Commercial Play LLC
CMAS NUMBER: 4-23-01-1000
CMAS TERM DATES: 01/04/2023 through 04/30/2025
EFFECTIVE DATE: 01/04/2023
CMAS CATEGORY: Non-Information Technology Commodities

APPLICABLE CMAS
TERMS & CONDITIONS: January 20, 2022
State Agencies: See Purchasing Authority
MAXIMUM ORDER LIMIT: Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE OMNIA CONTRACT #: R220202
BASE OMNIA CONTRACT Play & Park Structures HOLDER:

John Dickinson PROGRAM ANALYST John.Dickinson(~dps.ca.gov This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, and installation of playground systems and related items. (See page 3 for the restrictions applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.

If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.

Any reference to a specific manufacturers or publisher’s warranty or terms and conditions as shown in the base contract are not applicable to this CMAS.

The services provided under this CMAS are only available in support of the products covered by this CMAS.

Item #11. Page 5
Meeting Date: 12/12/2023 / Packet Page #: 572

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1000
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.

Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.

CMAS contractor non-compliance with the requirements may result in termination.

December 09, 2022 Ordering Instructions and Special Provisions 2 Item #11. Page 6
Meeting Date: 12/12/2023 / Packet Page #: 573

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000

CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base contract for the products and/or services available.

Bench-Recycled Plastic
Bleacher-Mobile
Playground-Equip
Playground-Equip Shade
Playground-Surface Rubberized
Tables-Picnic Recycled Plastic

AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, and installation of playground systems and related items.

The ordering agency must verify all products and/or services, and pricing are currently available on the Omnia Partners contract at the Omnia Partners website at public.omniapartners.com/suppliers/vari-sales-corporation/overview.

EXCLUDED PRODUCTS AND/OR SERVICES
Installation services for State Agencies and public works services with a requirement for State contractor licensing are not available under this CMAS.

ISSUE PURCHASE ORDER TO
Orders may be placed with PS Commercial Play LLC or with an Authorized Reseller as indicated herein:

Orders placed with PS Commercial Play LLC
SUBMIT ORDERS TO:

PS Commercial Play LLC
544 Chestnut Street
Chattanooga, TN 37405
Attn: Matt Mitchell
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:

Contact: Matt Mitchell
Phone: (865) 556-5910
E-mail: matt.mitcheIl~playandpark.com
December 09, 2022 Ordering Instructions and Special Provisions 3 Item #11. Page 7
Meeting Date: 12/12/2023 / Packet Page #: 574

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000
Orders placed with a Reseller must be addressed as shown below and payment must be made to the Reseller identified on the invoice:

Orders placed with a Reseller
SUBMIT ORDERS TO:

PS Commercial Play LLC
do Progressive Design Playgrounds
584 Castro Street, Suite #760
San Francisco, CA 94114
Contact: John Ogden
Phone: (415) 937-1697
E-mail: iohn~2norcalrec.com
PS Commercial Play LLC
do Recreation Brands of Southern California, Inc.
540 S. Andreasen Dr., Suite G
Escondido, CA 92029
Contact: Michael Etchison
Phone: (858) 442-3670
E-mail: mike.etchison~≥recreationsc.com
For invoicing purposes, each State Accounting office must have a copy of the reseller’s Payee Data Record (Std. 204) in order to process payment of the invoice. Agencies should forward a copy of the Std. 204 to their accounting office. Without the Std. 204, payment may be unnecessarily delayed.

RESELLERS ARE RESPONSIBLE FOR SENDING A COPY OF ALL PURCHASE ORDERS TO PS COMMERCIAL PLAY LLC FOR CMAS QUARTERLY REPORTING REQUIREMENTS.

TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for non-IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.

December 09, 2022 Ordering Instructions and Special Provisions 4 Item #11. Page 8
Meeting Date: 12/12/2023 / Packet Page #: 575

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1 000
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 102282535. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.

When issuing an order to an authorized reseller listed on a CMAS, it is the agency’s responsibility to ensure that the reseller holds a valid California Seller’s Permit.

MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.

CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base contract.

The ordering agency is encouraged to seek prices lower than those in the base contract. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.

EXECUTIVE ORDER N-6-22 — RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

DARFUR CONTRACTING ACT
This CMAS contractor has certified compliance with the Darfur Contracting Act, per PCC 10475. It is the agency’s responsibility to verify that the contractor has a Darfur Contracting Act Certification on file.

When issuing an order to an authorized reseller listed on a CMAS, it is the agency’s responsibility to ensure that the reseller provides a Darfur Contracting Act Certification.

December 09, 2022 Ordering Instructions and Special Provisions 5 Item #11. Page 9
Meeting Date: 12/12/2023 / Packet Page #: 576

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1 000

IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.

It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.

When issuing an order to an authorized reseller listed on a CMAS, it is the agency’s responsibility to ensure that the reseller provides an Iran Contracting Act Certification.

CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.

When issuing an order to an authorized reseller listed on a CMAS, it is the agency’s responsibility to ensure that the reseller provides a California Civil Rights Law Certification.

WARRANTY
For warranties, see the base contract and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.

DELIVERY
7 days after receipt of order or as negotiated between agency and CMAS contractor and included in the purchase order.

LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.

SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges.

PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.

No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.

December 09, 2022 Ordering Instructions and Special Provisions 6 Item #11. Page 10
Meeting Date: 12/12/2023 / Packet Page #: 577

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1000

HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SO~ and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.

Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.

December 09, 2022 Ordering Instructions and Special Provisions 7 Item #11. Page 11
Meeting Date: 12/12/2023 / Packet Page #: 578

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000

AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 191 30.b(3) for outsourcing services.

It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.

CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.

SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.

This provision does not apply to local government agencies.

ORDERING PROCEDURES

1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:

Standard 65 Purchase Documents — State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.

FISCAL Purchase Documents — State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:

Local government agencies may use their own purchase order document for purchase execution.

December 09, 2022 Ordering Instructions and Special Provisions 8 Item #11. Page 12
Meeting Date: 12/12/2023 / Packet Page #: 579

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.

The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.

2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.

3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.

4. Amendments to State Agency’s Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.

SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:

Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.

December 09, 2022 Ordering Instructions and Special Provisions 9 Item #11. Page 13
Meeting Date: 12/12/2023 / Packet Page #: 580

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000
Amendments unique to Non-IT Services:

If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.

CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a large business enterprise.

SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (CC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.

CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.

In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.

SMALL BUSINESSIDVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.

SMALL BUSINESSIDVBE - SUBCONTRACTING

1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.

2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and December 09, 2022 Ordering Instructions and Special Provisions 10 Item #11. Page 14
Meeting Date: 12/12/2023 / Packet Page #: 581

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1000
ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
Ni. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.

3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.

CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor’s role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.

WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:

1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.

2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.

In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, orthe full final payment if less than $10,000, if the Contractorfails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.

PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.

The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.

December 09, 2022 Ordering Instructions and Special Provisions 11 Item #11. Page 15
Meeting Date: 12/12/2023 / Packet Page #: 582

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1000

NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

Where Federal Energy Management Program (FEMP) standards are available, all State agencies èhall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.

SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.

For a Non-IT goods CMAS, see the CMAS Non-IT Commodities Terms and Conditions, Provision 69, Progress Payments.

TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.

Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.

STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.

Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.

ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.

December 09, 2022 Ordering Instructions and Special Provisions 12 Item #11. Page 16
Meeting Date: 12/12/2023 / Packet Page #: 583

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1000

PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.

Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.

The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.

NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-contract items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.

CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.

Agency and CMAS contractor use of the NSP provision is subject to the following requirements:

1. Purchase orders containing only NSP items are prohibited.

2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.

3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base contract may not be identified as an NSP item.

4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.

5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.

6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.

December 09, 2022 Ordering Instructions and Special Provisions 13 Item #11. Page 17
Meeting Date: 12/12/2023 / Packet Page #: 584

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1000

7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.

The following NSP items are specifically excluded from any order issued under this CMAS:

1. Items not intended for use in direct support of the priced items included in the same order.

An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base contract, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base contract, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.

2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.

3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.

4. Any other item or class of items specifically excluded from the scope of this CMAS.

5. Public Works and other services NOT in support of the products covered by this CMAS.

6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.

7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.

The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.

STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.

December 09, 2022 Ordering Instructions and Special Provisions 14 Item #11. Page 18
Meeting Date: 12/12/2023 / Packet Page #: 585

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01-1000
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.

PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.

SELF-DELETING BASE CONTRACT TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base contract and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: “Examinations of Records” provision).

Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.

Federal blanket orders and small order procedures are not applicable.

ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor’s base contract, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).

APPLICABLE CODES. POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.

PAYMENTS AND INVOICES

1. Payment Terms
Payment terms for this CMAS are net 45 days.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.

December 09, 2022 Ordering Instructions and Special Provisions 15 Item #11. Page 19
Meeting Date: 12/12/2023 / Packet Page #: 586

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000

2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.

3. DGS Administrative and Incentive Fees
Orders from State Agencies:

DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.

Orders from Local Government Agencies:

CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.

The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.

For more information on the incentive fees see the CMAS Management Guide.

4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.

The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.

December 09, 2022 Ordering Instructions and Special Provisions 16 Item #11. Page 20
Meeting Date: 12/12/2023 / Packet Page #: 587

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000

5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).

It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.

Software warranty upgrades and extensions may also be paid for in advance, one time.

6. Credit Card
The CMAS contractor accepts the State of California credit card (VISA CAL-Card).

A purchase order is required even when the ordering department chooses to pay the CMAS contractor via the CAL-Card.

7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.

8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).

For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.

The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at SFM©dgs.ca.gov for further information.

December 09, 2022 Ordering Instructions and Special Provisions 17 Item #11. Page 21
Meeting Date: 12/12/2023 / Packet Page #: 588

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

PS COMMERCIAL PLAY LLC
CMAS NUMBER 4-23-01 -1 000

9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (CS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at SFM©dgs.ca.gov for further information.

OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base contract are available on the front page of this CMAS agreement.

It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline verification that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific location in the base contract that include the required products, services, and prices.

Once verified, agencies should save the information for their file documentation.

FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.

AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website.

December 09, 2022 Ordering Instructions and Special Provisions 18 Item #11. Page 22
Meeting Date: 12/12/2023 / Packet Page #: 589
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and DD Systems, Inc., a California Corporation (“Contractor”) is effective as of the _____ day of __________, 2023.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated August 22nd 2023 (“Agreement”) whereby Contractor agreed to provide Finkbiner Park Improvement – Phase 2 Construction Services.

B. City and Contractor now desire to amend the Agreement to add scope of work for Removal and Installation of Playground Equipment.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “2.1 Contract Sum. “Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,044,717.96 $1,332,143.35 (One million, forty-four thousand, seven hundred seventeen dollars and ninety-six cents) (One million, three hundred thirty-two thousand, one hundred forty-three dollars and thirty-five cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.” b. “3.5 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”).
c. “Exhibit C as attached.”
d. “Exhibit D as attached.”

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no DocuSign Envelope ID: 3A9473B6-E74C-4BD8-9342-70FDF77984F0 Item #11. Page 23
Meeting Date: 12/12/2023 / Packet Page #: 590
written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Contractor represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 3A9473B6-E74C-4BD8-9342-70FDF77984F0 Item #11. Page 24
Meeting Date: 12/12/2023 / Packet Page #: 591
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
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

DD Systems, Inc.

Name: Danny Daher
Title: President
Email: [email protected]
Address:
1199 Englewood Lane, Glendora CA 91741
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 OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

DocuSign Envelope ID: 3A9473B6-E74C-4BD8-9342-70FDF77984F0 Dec 6, 2023 | 1:47 PM PST
Item #11. Page 25
Meeting Date: 12/12/2023 / Packet Page #: 592
FINKBINER PARK IMPROVEMENTS – PHASE 2, PLAN NO. 1365-2
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and DD Systems, Inc., a California Corporation (“Contractor”) is effective as of the ____ day of _______, 2023.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated August 22nd 2023 (“Agreement”) whereby Contractor agreed to provide Finkbiner Park Improvement – Phase 2 Construction Services.

B. City and Contractor now desire to amend the Agreement to add scope of work for Removal and Installation of Playground Equipment.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “2.1 Contract Sum. “Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,044,717.96 $1,332,143.35 (One million, forty-four thousand, seven hundred seventeen dollars and ninety-six cents) (One million, three hundred thirty-two thousand, one hundred forty-three dollars and thirty-five cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”
b. “3.5 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”).
c. “Exhibit C as attached.”
d. “Exhibit D as attached.”

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party Item #11. Page 26
Meeting Date: 12/12/2023 / Packet Page #: 593
FINKBINER PARK IMPROVEMENTS – PHASE 2, PLAN NO. 1365-2
represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Contractor represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Item #11. Page 27
Meeting Date: 12/12/2023 / Packet Page #: 594
FINKBINER PARK IMPROVEMENTS – PHASE 2, PLAN NO. 1365-2
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:

DD Systems, Inc.

Name: Danny Daher
Title: President
Email: [email protected]
Address:
1199 Englewood Lane, Glendora CA 91741
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 OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Item #11. Page 28
Meeting Date: 12/12/2023 / Packet Page #: 595
Item #11. Page 29
Meeting Date: 12/12/2023 / Packet Page #: 596

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 12, 2023
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITYWIDE
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE 2079 OF THE CITY COUNCIL AMENDING SECTIONS 14.20.010 THROUGH 14.20.180 TO CHAPTER 14.20 "RATES AND CHARGES," OF TITLE 14 "WATER," OF THE GLENDORA MUNICIPAL CODE

RECOMMENDATION
That the City Council:

1. Waive full reading, read by title only, and adopt on second reading Ordinance 2079 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA AMENDING SECTIONS 14.20.010 THROUGH 14.20.180 TO CHAPTER 14.20 “RATES AND CHARGES” OF TITLE14 “WATER.”

STRATEGIC FOCUS AREAS
 Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
On November 28, 2023, the City Council conducted a public hearing in compliance with Proposition 218 in consideration of water rates and charges. The Ordinance was amended to allow for more efficient adjustments of water rates and charges in the future. Future rates and charges will continue to be brought forth by Resolution to the City Council for adoption. Additionally, all rates and charges will be included in the Master Schedule of Fees moving forward to increase transparency.

FISCAL IMPACT
Amendment of the Ordinance has no financial impact. However, any adjustments to rates will be considered by the City Council by Resolution annually.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Prepared By Marie Ricci, Deputy City Manager
Concurs With Richard Hansen, Water Commission
Reviewed By Marie Ricci, Deputy City Manager
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Ordinance
B. Glendora Municipal Code Title 14 WATER (Red Line) (Exhibit A of Ordinance) Item #12. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 597
ORDINANCE 2079

AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTIONS

14.20.010 THROUGH 14.20.180 TO CHAPTER 14.20 "RATES AND CHARGES," OF TITLE 14 "WATER," OF THE GLENDORA
MUNICIPAL CODE.

THE CITY COUNCIL
City of Glendora, California

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

WHEREAS, the Water Division of the Public Works Department operates as a selfsupporting enterprise fund that depends upon revenues derived from the sale of water to customers; and
WHEREAS, the City Council desires revisions to the Rates and Charges of the Glendora Municipal Code to make more efficient the overall rules and regulations related to the establishment of water rates and charges.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby adopts Exhibit A, Rates and Charges for the City of Glendora Water system.

SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 3. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this ___ day of December, 2023.

City Council of Glendora, California
BY: __________________________________
____________________
Mayor
Item #12. Page 2
Meeting Date: 12/12/2023 / Packet Page #: 598
Ordinance _____ Page 2 of 2
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
_______________________
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 28th day of November 2023, by the following roll call vote:

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

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the ___ day of December 2023, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the ______ day of _________, 2023.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #12. Page 3
Meeting Date: 12/12/2023 / Packet Page #: 599
Chapter 14.20 RATES AND CHARGES
(All Content Displayed)
 14.20.010 Establishment of rates and charges.
 14.20.020 Adjustment of charges.
 14.20.030 Delinquency—Cutting off service.
 14.20.040 Reimbursement contracts with subdividers.
 14.20.050 Refund and reimbursement contracts with nonsubdividing developers.  14.20.060 Conditions concerning refunds on reimbursement contracts.  14.20.070 Readiness to serve charge.
 14.20.080 Quantity rates for water used.
 14.20.085 Automatic rate adjustments.
 14.20.090 Miscellaneous rates.
 14.20.130 Fire service readiness to serve charge.
 14.20.140 Deposits.
 14.20.150 Extension service fee—Service acreage fee.
 14.20.160 Connection charge.
 14.20.170 Installing mains.
 14.20.180 Reconnect fee.

14.20.010 Establishment of rates and charges.

The fees, rates, and charges for water services provided by the water division shall be established pursuant to ordinance resolution by the city council. (Ord. 1784 § 11, 2003)

14.20.020 Adjustment of charges.

The city manager or designee shall have the authority to make adjustments to water bills if he or she deems an adjustment is appropriate. He or she shall make a thorough investigation of any complaints of unusually high bills and the circumstances therefor, make the adjustment, if appropriate, and notify the customer and the collector. (Ord. 2049 § 4, 2020; Ord. 2048 § 4, 2020; Ord. 1536 § 12, 1989)

14.20.030 Delinquency—Cutting off service.

Item #12. Page 4
Meeting Date: 12/12/2023 / Packet Page #: 600
All accounts which have not been paid by the close of business on the sixtieth day following date of the bill are subject to disconnection. A penalty shall be added to the bill equal to ten percent of the bill. The director of public works may cut off the water from all such delinquent services if not paid within sixty days of date of the bill, and the same shall not be connected until all charges as provided in this chapter have been paid to the city. (Ord. 2049 § 5, 2020; Ord. 2048 § 5, 2020; Ord. 1536 § 12, 1989)

14.20.040 Reimbursement contracts with subdividers.

The city council may, by ordinance, require that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. Upon the installation of the supplemental improvements, the city shall enter into an agreement with the subdivider to reimburse the subdivider for the cost, including interest, of constructing the supplemental improvements. (Ord. 1536 § 12, 1989)

14.20.050 Refund and reimbursement contracts with
nonsubdividing developers.

In the event it is necessary for a private party or developer other than a subdivider to construct a water line of greater size than required to serve the development in order to serve other areas of the city’s water distribution system, or it is necessary to install a water line which will provide direct benefit to adjacent undeveloped property, the cost thereof shall be advanced by the developer and the city at its option and upon written request may enter into an agreement to refund, based on benefit, the additional cost or differential in cost so advanced by him or her, without interest, but in no case shall the total refund exceed the amount so advanced. (Ord. 1536 § 12, 1989)

14.20.060 Conditions concerning refunds on reimbursement contracts.
(a) Refunds shall not be made on any mains eight inches in diameter or smaller.

Item #12. Page 5
Meeting Date: 12/12/2023 / Packet Page #: 601
(b) Refunds shall not exceed one-third of the gross revenue from water sold to consumers supplied within the subdivision or development during the life of the agreement.
(c) Refunds shall not be made after the expiration of ten years from the date of the agreement or contract.
(d) Refunds shall be made from a special water fund provided therefor and shall not constitute a claim on the general funds of the city. (e) Undeveloped property benefit fees shall first be collected by the city at time of development from benefited property and then refunded in the manner and at the rate specified in the reimbursement contract. (Ord. 1536 § 12, 1989)

14.20.070 Readiness to serveMeter connection charge.

Effective January 1, 2017, and subject to adjustment as set forth in Section 14.20.085, the bimonthly base charge for each metered connection within the city of Glendora’s service boundaries shall be as follows:

Meter Size Bimonthly Base Charge
< 1 inch $ 79.29
1 inch 103.08
1-1/2-inch 171.17
2-inch 245.81
3-inch 364.75
4-inch 555.09
6-inch 967.44
8-inch 1,363.91
(Ord. 2010 § 4, 2016)
Repealed

14.20.080 Quantity rates for water used.

Item #12. Page 6
Meeting Date: 12/12/2023 / Packet Page #: 602
(a) In addition to the bimonthly base charge established by Section 14.20.070 of this code, each customer shall pay a charge, calculated as set forth in this section, for each unit of one hundred cubic feet of water consumed at his or her connection during a bimonthly billing period.
(b) Each water connection is assigned a “baseline” consumption allowance, in units of one hundred cubic feet of water, based upon the size of the water meter for that connection. The baseline allocations shall be as follows:

Meter Size Bi-Monthly Baseline Allocation, Units
< 1 inch 38
1 inch 67
1-1/2-inch 134
2-inch 220
3-inch 838
4-inch 1,316
6-inch 4,682
8-inch 4,682
Each unit of water consumed at a connection during a bi-monthly billing period, other than a unit in excess of the baseline allocation for that connection, shall be deemed a “Tier 1 Unit.” Each unit in excess of the baseline allocation shall be deemed a “Tier 2 Unit.”
(c) The rate for each Tier 1 unit consumed shall be the sum of the “energy component rate,” and the “other costs component (T1) rate” set forth in this section.

The rate for each Tier 2 unit consumed shall be the sum of the “purchased water component rate,” the “energy component rate,” and the “other costs component (T2) rate” set forth in this section.
(d) Beginning January 1, 2017, and subject to adjustment as set forth in Section 14.20.085, the “purchased water component rate” shall be one dollar ninetyone cents per unit of water consumed. (e) Beginning January 1, 2017, and subject to adjustment as set forth in Section 14.20.085, the “energy component rate” shall be twenty-three cents per unit of Item #12. Page 7
Meeting Date: 12/12/2023 / Packet Page #: 603
water consumed at a connection located in pressure zone 1, thirty-five cents per unit of water consumed at a connection located in pressure zone 2, fifty-six cents per unit of water consumed at a connection located in pressure zone 3, and one dollar thirtysix cents per unit of water consumed at a connection located in any other pressure zone. The pressure zone in which a connection is located shall be determined by reference to the 2012 Water Master Plan, which is on file in the office of the city clerk and available for public inspection.
(f) Beginning January 1, 2017, the “other costs component (T1) rate” shall be one dollar ninety cents per unit of water consumed.

Beginning January 1, 2018, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T1) rate” shall be two dollars seven cents per unit of water consumed.

Beginning January 1, 2019, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T1) rate” shall be two dollars twentysix cents per unit of water consumed.

Beginning January 1, 2020, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T1) rate” shall be two dollars forty-six cents per unit of water consumed.

Beginning January 1, 2021, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T1) rate” shall be two dollars sixtyseven cents per unit of water consumed. (g) Beginning January 1, 2017, “other costs component (T2) rate” shall be one dollar sixty-seven cents per unit of water consumed.

Beginning January 1, 2018, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T2) rate” shall be one dollar eightythree cents per unit of water consumed.

Beginning January 1, 2019, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T2) rate” shall be two dollars per unit of water consumed.

Beginning January 1, 2020, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T2) rate” shall be two dollars nineteen cents per unit of water consumed.

Item #12. Page 8
Meeting Date: 12/12/2023 / Packet Page #: 604
Beginning January 1, 2021, and subject to adjustment as set forth in Section 14.20.085, the “other costs component (T2) rate” shall be two dollars forty cents per unit of water consumed. (Ord. 2010 § 6, 2016) Repealed

14.20.085 Automatic rate adjustments.
(a) No later than December 1st of each year, beginning in 2017, the director of public works shall file with the city clerk a schedule of revised rates, calculated pursuant to this section, to be effective on the first billing cycle of the following year.

At least thirty days prior to implementing revised rates, the director of public works shall notify all customers regarding the rate revisions. (b) Unless the city council takes action, by ordinance or resolution, to cause such revised rates to not become effective, the revised rates shall take effect automatically, and shall be deemed to have been approved and imposed by the city council pursuant to the ordinance codified in this section.
(c) The purchased water component rate, imposed pursuant to Section 14.20.080(d) of this chapter shall be calculated by adjusting that rate (including any previous adjustments made pursuant to this section) by the percentage change between the previous year and the year for which the rate is being calculated, of the cost of water if purchased by the city from Three Valley’s Municipal Water District at the District’s published rates applicable to the city.
(d) Each energy component rate imposed pursuant to Section 14.20.080(e) of this chapter shall be calculated by adjusting that rate (including any previous adjustments made pursuant to this section) by the percentage change between the previous year and the year for which the rate is being calculated, of the sum of the published rate for a kilowatt hour of electricity provided to the city by Azusa Power and the tariffed rate for a kilowatt hour of electricity provided to the city by Southern California Edison. (e) Each rate set forth in Sections 14.20.070, 14.20.080(f) and 14.20.080(g) of this chapter shall be calculated by adjusting that rate by the percentage change in the consumer price index for all urban consumers for Los Angeles-Anaheim-Riverside published by the U.S. Department of Labor between October 1, 2016 and the most recently published index as of October of the year prior to the date on which the adjustment will go into effect, but not to exceed a total increase of five percent for each year since 2017. (Ord. 2010 § 8, 2016)
Repealed
Item #12. Page 9
Meeting Date: 12/12/2023 / Packet Page #: 605

14.20.090 Miscellaneous rates.

All water used other than through a service connection and meter shall be through a fire hydrant meter. Rates shall be established by resolution of the city council. The applicant shall deposit one thousand twenty dollars with the city, which will be returned when the account is closed, for such service and shall pay a minimum charge of one hundred dollars per month or portion thereof for such use. Quantity charges shall be at the rate of one dollar ninety three cents per one hundred cubic feet in Zone 1, two dollars and four cents per one hundred cubic feet in Zone II, two dollars and seventeen cents per one hundred cubic feet in Zone III and two dollars and eighty seven cents per one hundred cubic feet in Zone IV and above. (Ord. 1873 § 6, 2007)

14.20.130 Fire service readiness to serve charge.

A monthly readiness to serve charge of five dollars per diameter-inch for fire service installations shall be made. This is a fire service readiness to serve charge for all installations which are specifically installed for fire protection only, not including fire hydrants. The rate shall be established by resolution of the city council. (Ord. 1784 § 18, 2003)

14.20.140 Deposits.

Deposits shall be required from applicants for water service as follows: if the applicant is the owner of the real property to be served, the deposit will not be required on proof of ownership established to the satisfaction of the water division.

All other applicants shall deposit with the water division the sum of two hundred dollars. amount established by resolution of the city council. (Ord. 1784 § 19, 2003)

14.20.150 Extension service fee—Service acreage fee.

On application made for an extension of the water distributing system of the water division or for water service, the applicant shall pay an additional charge based upon the cost of the supply main distributing line or transmission line serving the territory in which the applicant’s property is located. The city engineerPublic Works Director or their designee shall determine the ratio which the applicant’s property bears to the Item #12. Page 10
Meeting Date: 12/12/2023 / Packet Page #: 606
total area to be served by the area of such system and such main distributing line or transmission line, and shall determine the charge in direct relationship to such ratio as it bears to the cost of installation of such main distributing line or transmission line.

The city engineerPublic Works Director or their designee shall recommend to the city council that the charge as calculated by him or her be imposed upon the applicant as a condition precedent to receiving the requested service. The city council shall determine the fees to be charged to the applicant upon consideration of the city engineer’s recommendationsPublic Works Director or their designee. The charge imposed by this section is denominated as service acreage fee. (Ord. 1784 § 20, 2003)

14.20.160 Connection charge.

There shall be imposed a charge established by resolution of the city council of eight dollars per front foot for each parcel of land proposed to be developed or redeveloped and to be served with water from an existing city water main expressly covered under a reimbursement contract, to be paid by the owner of the property. (Ord. 1784 § 21, 2003)

14.20.170 Installing mains.

Whenever water is to be supplied to a new development or subdivision in which water mains are not installed, or are installed but which must increase in size to adequately supply water to such subdivision or development or to conform to required capacities to serve other areas of the city’s water distribution system, the developer or subdivider is required to pay one hundred percent of the cost. Any new pipelines and appurtenances shall be installed by him or her in accordance with plans and specifications approved by, under the supervision of, and to the satisfaction of the director of public works. (Ord. 1784 § 22, 2003)

14.20.180 Reconnect fee.

A reconnect fee of seventy dollars during regular working hours and one hundred and fifty dollars after regular working hours shall be paid to the city prior to reconnection.

After hours reconnections have until ten a.m. the next working day to pay the reconnection fee or service will be turned off. For a customer with a household Item #12. Page 11
Meeting Date: 12/12/2023 / Packet Page #: 607
income below two hundred percent of the federal poverty line or if the customer or any member of the customer’s household is a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children, then the reconnection fee during the city’s regular working hours is limited to fifty dollars, or one hundred and fifty dollars after regular working hours. (Ord. 2049 § 6, 2020; Ord. 2048 § 6, 2020; Ord. 1784 § 23, 2003)
Repealed
Item #12. Page 12
Meeting Date: 12/12/2023 / Packet Page #: 608

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER5, 2023
FROM: CITY MANAGER DISTRICT(S): CITYWIDE
SUBJECT: FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION

2.04.040 “SALARIES” OF TITLE 2 “ADMINISTRATION AND PERSONNEL” OF THE

GLENDORA MUNICIPAL CODE (MAYOR BOYER)

RECOMMENDATION
That the City Council:

1. First Reading and Introduction of an Ordinance amending Section 2.04.040 of Title 2 “Administration and Personnel” of the Glendora Municipal Code.

STRATEGIC FOCUS AREAS
 Goal 3: Enhance Employee Development and Retention (EEDR)

EXECUTIVE SUMMARY
On June 29, 2023, the Governor signed Senate Bill 329 (SB 329). The bill allows cities a one-time chance to “reset” city council salaries to take into account inflation, the work done by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of that office. At the November 14, 2023, City Council Meeting, Mayor Boyer requested the City Council to discuss council salaries pursuant to SB 329. Previous changes to council member salaries have not been considered since 2007.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Government Code 36516, sets the monthly framework for councilmember compensation in general law cities. The last time City Council salaries in Glendora were adjusted was in 2007.

DISCUSSION
At the November 14, 2023, City Council Meeting, Mayor Boyer requested the City Council to discuss council salaries pursuant to SB 329.

SB 329 amended Section 36516 of the Government Code to allow a one-time reset of councilmember salaries. Specifically, the legislation increases the maximum amounts of salary that can be approved by ordinance, based on the population of the city. The new salary limits are as follows:

Up to $950 per month for cities up to and including 35,000 in population.

Up to $1,275 per month for cities over 35,000 up to and including 50,000 in population.

Up to $1,600 per month for cities over 50,000 up to and including 75,000 in population.

Up to $1,900 per month for cities over 75,000 up to and including 150,000 in population.

Up to $2,550 per month for cities over 150,000 up to and including 250,000 in population.

Up to $3,200 per month for cities over 250,000 in population Further, SB 329 allows council member salaries to be increased beyond the specified maximums. The increases shall not exceed the greater of the following two conditions:

Item #13. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 609
Staff Report Page 2 of 2

1. The increase cannot exceed 5% for each calendar year from the operative date of the last salary adjustment, and;

2. The increase cannot exceed the amount of inflation since January 1, 2024, based on the California Consumer Price Index. The inflation-based increase is capped at 10% for each calendar year.

According to the State of California Department of Finance’s annual population estimates, the City of Glendora’s population in 2023 is 51,159. As such, the City Council could amend salaries form the current amount of $700/month to $1,600/month.

Glendora City Councilmembers have not received a salary increase since 2007. While SB 329 did allow for a one-time adjustment, it did not allow for a one-time deviation from Government Code 36516.5.

Therefore, compensation changes, if approved by the City Council, would not take effect until December 2024 when a new council member or members are seated or the confirmation of the new term for existing council members is passed.

FISCAL IMPACT
There is no fiscal impact associated with the proposed ordinance in the current fiscal year. If approved, future increases in salary and benefits will be included in the upcoming budgets. It should be noted that the City Council oversees the policy development of the entire City; as such, the salaries and benefits are spread across a number of funding sources.

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

Prepared By Shantelle Coria, Office Aide IV
Concurs With Not Applicable
Reviewed By Adam Raymond, City Manager
Certified to Availability of Funds Marie Ricci, Deputy City Manager Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Ordinance
Item #13. Page 2
Meeting Date: 12/12/2023 / Packet Page #: 610
ORDINANCE NO. 2023-___

AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION

2.04.040 “SALARIES” OF TITLE 2 "ADMINISTRATION AND
PERSONNEL" OF THE GLENDORA MUNICIPAL CODE.

THE CITY COUNCIL
City of Glendora, California

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

WHEREAS, Senate Bill 329 was passed to reflect the important work performed by city council members, to take into account the impacts of inflation and economic realities on those who serve as city councilmembers, and to encourage more persons to consider service as councilmembers by making the compensation more reflective of the time and work as an elected official; and
WHEREAS, the City Council desires to attract diverse and innovative persons to serve on future City Councils; and
WHEREAS, the California Government Code permits city council members to be paid a monthly salary for their service; and
WHEREAS, the City Council salaries have not been adjusted since 2007.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby replaces Section 2.04.040 Salaries with the following:
“Commencing December 9, 2024, each member of the council of the city shall receive, as salary, the sum of one thousand six hundred dollars per month, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city. The salaries prescribed by this section are exclusive of any other amount payable to a member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of his or her official duties.” SECTION 2. By operation of Government Code Section 36515.5, the salary increase will not take effect until the first pay period after the seating of a new councilmember or the confirmation of the new term of an existing councilmember in 2024.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact Item #13. Page 3
Meeting Date: 12/12/2023 / Packet Page #: 611
Ordinance _____ Page 2 of 2
that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this ___ day of ____, 2023.

City Council of Glendora, California
BY: __________________________________
______________________
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
___________________________
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the ___ day of December 2023. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the ___ day of _____,_____, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the ______ day of _________ 2023.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #13. Page 4
Meeting Date: 12/12/2023 / Packet Page #: 612

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 12, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 1, 2
SUBJECT: AWARD A CONTRACT SERVICES AGREEMENT FOR CROSSWALK ENHANCEMENT

IMPROVEMENTS NEAR WASHINGTON ELEMENTARY SCHOOL

RECOMMENDATION
That the City Council:

1. Award a contract for Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383, to Alfaro Communications Construction, Inc., in the amount of $300,308.51; and

2. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c); and

3. Approve the Plans and Specifications for Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383; and

4. Authorize the Community Development Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount; and

5. Authorize the City Manager to execute the Agreement.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities

EXECUTIVE SUMMARY
The adopted FY2023 – FY2025 Two-Year Budget and Five-Year Capital Improvement Plan, included $375,000 in funding for crosswalk improvements. The City of Glendora recently published a Request for Proposal for a construction project for crosswalk enhancement improvements near Washington Elementary School. There were a total of 18 plan holders and two bidders. Bids were opened on November 9th.

Staff recommends a contract award to Alfaro Communications Construction in the amount of $300,308.51, who was deemed to be the lowest and most responsive bidder.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
A contract was awarded on May 30, 2023, to JMDiaz, Inc. For development of plans, specifications, and estimates for crosswalk enhancement improvements near Washington Elementary School. Staff issued a Request for Proposal for construction using the JMDiaz, Inc. project documents.

DISCUSSION
Background
In Fall 2022, the City conducted a successful one-day demonstration project, which utilized curb extensions, a midblock refuge, and updated signage. The goal was to improve safety for students, families, and residents using the crosswalk on Gladstone Street near Washington Elementary. The demonstration project was in response to resident’s concerns over high vehicular speeds and part of the City’s efforts to create and develop safer routes to schools. A survey was taken the day of the demonstration with roughly 40 participants. Questions in the survey included support of proposed crosswalk improvements, and transportation needs and concerns. A majority of survey respondents Item #14. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 613
Staff Report Page 2 of 2
support the proposed crosswalk improvements which include curb extensions, a pedestrian refuge island, and enhanced crosswalk. This project presents an opportunity for the City and Council to address residents’ concerns and take a “safe routes to school” project from conception to completion.

Following the demonstration project, a contract was awarded in May 2023 to JMDiaz, Inc., for the development of plans, specifications, and estimates for crosswalk enhancements near Washington Elementary School. These documents provide a scope of work for the construction project.

Scope of Work
The project involves constructing crosswalk enhancements curb extensions, midblock refuge, curb ramps, detectable warning surface, and a new crosswalk. In addition, crosswalk striping will be done along with installation of a sign and post alerting drivers of oncoming pedestrians.

Construction Timeline
Construction is anticipated to take six to eight weeks. Staff will coordinate with Washington Elementary School to work around bell times and mitigate disruption to regular crossings.

FISCAL IMPACT
Funding of $375,000 was approved as part of the adopted Fiscal Year 2023-2025 Two-Year Budget and Five-Year CIP. Funds for the project are allocated from Fund 222 – Measure R, using account number 2229999.70000.

ENVIRONMENTAL DETERMINATION
The Gladstone crosswalk enhancement project is categorically exempt pursuant to 15301(c) of the CEQA Guidelines.

Prepared By Vanessa Nalbandian
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Bid Summary
B. CEQA Notice of Exemption
C. Plan Holders List
D. Plans and Specifications
E. Bid Proposal
F. Public Works Agreement
G. PowerPoint
Item #14. Page 2
Meeting Date: 12/12/2023 / Packet Page #: 614
Attachment A

CROSSWALK ENHANCEMENT IMPROVEMENTS

NEAR WASHINGTON ELEMENTARY
PLAN NO.1383
BID OPENING: NOVEMBER 9, 2023
Bid Summary
Contractor Name Bid Amount
Alfaro Communications Construction, Inc. $300,308.51
EBS General Engineering, Inc. $387,315.00
Item #14. Page 3
Meeting Date: 12/12/2023 / Packet Page #: 615
rvp7/3/97

CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741

NOTICE OF EXEMPTION
Project Title: Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No. 1383
Project Location: Gladstone Street and Nearglen Ave.

Project Sponsor: City of Glendora
Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 Project Description: The project involves the construction of crosswalk improvements including signing and striping enhanced crosswalks, signage, pavement flashers, flashing beacons, median refuge island, curb extensions, sidewalk, and pavement reconstruction.

Surrounding Land Uses and Setting: Surrounded by residential housing and an elementary school.

The Planning Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1-Existing Facilities
Section: 15301(c)
Statutory Exemption. Code Number:

Reasons why project is exempt: The project involves crosswalk enhancement improvements to existing road and sidewalk near Washington Elementary School.

Date:

Jeff Kugel, Planning Director
The above recommended exempt status and findings were adopted by the following body:

City of Glendora City Council on December 12, 2023
Date:

Ulises Benavente, Civil Engineering Assistant (626) 914-8247 Item #14. Page 4
Meeting Date: 12/12/2023 / Packet Page #: 616
Attachment C
Plan Holder List
Company Address Contact Name Email Address
PWXPress 1900 Coffeeport Rd, Jacksonville, FL-03220 Mary Miller [email protected] Comet Electric 21625 Prairie Street, Chatsworth, CA-91311 Annalisa Jenrich [email protected] R.C. Becker and Son, Inc 28355 KELLY JOHNSON PKWY, VALENCIA, CA-91355 Tatum Flanagan [email protected] Voltaire Engineering, Inc. 1460 Cambridge AVE, REDLANDS, CA-92374 Peter Delgado [email protected] MSL Electric, Inc 2918 E. La Jolla St., Anaheim, CA-92806 Kevin Moore [email protected] Gentry Brothers, Inc. 384 E. Live Oak Avenue, Irwindale, CA-91706 Jason Roehrborn [email protected] ConstructConnect 3825 Edwards Rd, Cincinnati, OH-45209 Eric Mills [email protected] Xcel Engineering 6238 n brix ave, fresno, CA-93722 monica plagenza [email protected] BidAmerica 41085 Elm Street, Murrieta, CA-92562 Tom Davis [email protected] We R Builders 3746 Foothill Blvd #304, GLENDALE, CA-91214 Nezar Alsmadi [email protected] Dodge Data & Analytics 2860 S State Hwy 161, Grand Prairie, TX-75052 Daedri Cavuoto [email protected] Infrastructure Engineers 3060 SATURN ST, BREA, CA-92821 Justin Wiekamp [email protected] EBS GENERAL ENGINEERING 1345 QUARRY STREET, CORONA, CA-CA CRISTINA W [email protected] PCI 975 W. 1st Street, Azusa, CA-91702 William Jacob [email protected] Alfaro Communications Construction,Inc. 15614 S.Atlantic Avenue, compton, CA-90221 Haidi Daaifi [email protected] Quest Construction Data Network PO Box 517, Shakopee, MN-55379 QuestCDN Support and Sales [email protected] Online Striping Services 9173 Clay Canyon Dr., Corona, CA-92883 Jared Dean Galindo [email protected] Elecnor Belco Electric Inc. 14320 Albers Way, Chino , CA-91710 John Wong [email protected] Item #14. Page 5
Meeting Date: 12/12/2023 / Packet Page #: 617
Attachment C
Plan Holder List
Phone Number Fax Business Certification Business Designation Entry Date Document Type Comments 408-676-8941 TGB Supplier 10/13/2023 eBidDoc
818-280-5171 818-340-0965 Prime Bidder 10/13/2023 eBidDoc 661-259-4845 661-259-9869 Prime Bidder 10/13/2023 eBidDoc (909) 747-8414 Prime Bidder 10/13/2023 eBidDoc
714-693-4837 Subcontractor 10/16/2023 eBidDoc
626-357-9631 Prime Bidder 10/16/2023 eBidDoc
800-364-2059 866-570-8187 Plan Room 10/16/2023 eBidDoc
559-458-3702 SBE Prime Bidder 10/16/2023 eBidDoc
951-837-0559 Plan Room 10/18/2023 eBidDoc
7144233844 Prime Bidder 10/18/2023 eBidDoc
513.666.3354 800-768-5594 Plan Room 10/18/2023 eBidDoc
714-940-0100 SBE A/E Consultant 10/23/2023 eBidDoc
7148639090 Prime Bidder 10/24/2023 eBidDoc
562-218-0504 562-218-0634 SBE Subcontractor 10/31/2023 eBidDoc 3106698949 310-669-8949 DBE Prime Bidder 11/1/2023 eBidDoc 952-233-1632 Other 11/3/2023 eBidDoc
7142329482 Subcontractor 11/8/2023 eBidDoc
951-993-5470 909-993-5476 Subcontractor 11/9/2023 eBidDoc Item #14. Page 6
Meeting Date: 12/12/2023 / Packet Page #: 618

REVISIONS
No. DESCRIPTION Appr Date:

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT

ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION.

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R
Know what'sbelow. Callbefore you dig.

City Engineer RCE 70424
Reviewed By:

CITY OF Engineering
Division
Date Date:

Plan No.:

Drawn By:

GLENDORA
File No.:

Sheet of
Scale:

Plans Prepared by:
www.jmdiaz.com
(626) 820-1136 Fax
(626) 820-1137 Tel
City of Industry, CA 91748
18645 East Gale Avenue, Suite 212
IVAN SALVATIERRA RCE 83901 DATE
Prepared under the Supervision of: 100% SUBMITTAL - NOT FOR CONSTRUCTION 7/05/2023
DD 1

NO SCALE
6 GLADSTONE CROSSWALK ENHANCEMENT

NEAR WASHINGTON ELEMENTARY SCHOOL

TITLE SHEET
GENERAL NOTES:

STANDARD NOTES FOR STREET CONSTRUCTION

CROSSWALK ENHANCEMENTS

NEAR WASHINGTON ELEMENTARY SCHOOL
IN THE

CITY OF GLENDORA
PLAN NO. 23608601

LEGEND OF SYMBOLS
CITY/AGENCY NOTIFICATION:

LOCATION MAP

SHEET INDEX

CONTRACTOR SHALL BE

RESPONSIBLE FOR COMPLIANCE
WITH ALL N.P.D.E.S.

REQUIREMENTS

ENGINEER'S NOTICE TO CONTRACTOR

NOTICE TO CONTRACTOR

PROJECT

LOCATION
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
9/19/2023 APPROVED FOR CONSTRUCTION
Item #14. Page 7
Meeting Date: 12/12/2023 / Packet Page #: 619

REVISIONS
No. DESCRIPTION Appr Date:

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT

ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION.

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R
Know what'sbelow. Callbefore you dig.

City Engineer RCE 70424
Reviewed By:

CITY OF Engineering
Division
Date Date:

Plan No.:

Drawn By:

GLENDORA
File No.:

Sheet of
Scale:

Plans Prepared by:
www.jmdiaz.com
(626) 820-1136 Fax
(626) 820-1137 Tel
City of Industry, CA 91748
18645 East Gale Avenue, Suite 212
IVAN SALVATIERRA RCE 83901 DATE
Prepared under the Supervision of: 100% SUBMITTAL - NOT FOR CONSTRUCTION 10' 0 10' 20'
1" = 10'
7/05/2023
DD 2
1" = 10'
6 GLADSTONE CROSSWALK ENHANCEMENT

NEAR WASHINGTON ELEMENTARY SCHOOL

ROADWAY PLAN
9/19/2023 APPROVED FOR CONSTRUCTION
Item #14. Page 8
Meeting Date: 12/12/2023 / Packet Page #: 620

REVISIONS
No. DESCRIPTION Appr Date:

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT

ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION.

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R
Know what'sbelow. Callbefore you dig.

City Engineer RCE 70424
Reviewed By:

CITY OF Engineering
Division
Date Date:

Plan No.:

Drawn By:

GLENDORA
File No.:

Sheet of
Scale:

Plans Prepared by:
www.jmdiaz.com
(626) 820-1136 Fax
(626) 820-1137 Tel
City of Industry, CA 91748
18645 East Gale Avenue, Suite 212
IVAN SALVATIERRA RCE 83901 DATE
Prepared under the Supervision of: 100% SUBMITTAL - NOT FOR CONSTRUCTION 5' 0 5' 10'
1" = 5'
7/05/2023
DD 3
1" = 5'
6 GLADSTONE CROSSWALK ENHANCEMENT

NEAR WASHINGTON ELEMENTARY SCHOOL

DETAILS
9/19/2023 APPROVED FOR CONSTRUCTION
Item #14. Page 9
Meeting Date: 12/12/2023 / Packet Page #: 621

REVISIONS
No. DESCRIPTION Appr Date:

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT

ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION.

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R
Know what'sbelow. Callbefore you dig.

City Engineer RCE 70424
Reviewed By:

CITY OF Engineering
Division
Date Date:

Plan No.:

Drawn By:

GLENDORA
File No.:

Sheet of
Scale:

Plans Prepared by:
www.jmdiaz.com
(626) 820-1136 Fax
(626) 820-1137 Tel
City of Industry, CA 91748
18645 East Gale Avenue, Suite 212
IVAN SALVATIERRA RCE 83901 DATE
Prepared under the Supervision of: 100% SUBMITTAL - NOT FOR CONSTRUCTION 10' 0 10' 20'
1" = 10'
7/05/2023
DD 4
1" = 10'
6 NO. DELTA RADIUS LENGTH TANGENT
104° 28' 37" 1.00' 1.82' 1.29'
151° 02' 46" 5.00' 13.18' 19.37'

CURVE TABLE
180° 00' 00" 5.00' 15.71' INFINITY
89° 32' 19" 30.00' 46.88' 29.76'
27° 25' 01" 20.00' 9.57' 4.88'
27° 25' 01" 20.00' 9.57' 4.88'
90° 00' 00" 2.00' 3.14' 2.00'
90° 00' 00" 2.00' 3.14' 2.00'
90° 00' 00" 2.00' 3.14' 2.00'
S 00° 14' 30" E 3.00'
NO. DIRECTION LENGTH

LINE TABLE
N 89° 45' 30" E 16.00'
S 89° 45' 30" W 20.00'
N 00° 14' 30" W 3.00'
S 00° 14' 30" E 3.00'
N 00° 14' 30" W 5.00'
N 89° 45' 30" E 15.00'
N 89° 45' 30" E 21.00'
S 89° 45' 30" W 25.00'
N 00° 14' 30" W 3.00'
S 89° 45' 30" W 11.00'
S 00° 14' 30" E 3.00'
N 89° 45' 30" E 7.00'
NO. DIRECTION LENGTH
N 89° 46' 37" E 7.01'
S 00° 00' 00" W 7.75'
N 00° 00' 00" E 6.00'
S 00° 14' 30" E 11.85'
N 00° 27' 41" W 18.14'
S 89° 45' 52" W 14.07'
90° 00' 00" 2.00' 3.14' 2.00'
90° 00' 00" 2.00' 3.14' 2.00'
90° 13' 23" 2.00' 3.15' 2.01'
89° 46' 37" 2.00' 3.13'
104° 28' 21" 1.00' 1.82'
N 89° 46' 45" E 5.88'
90° 00' 00" 2.00' 3.14' 2.00'
S 89° 46' 37" W 7.03'
N 00° 14' 30" W 3.00'

1.29'

1.99'

GLADSTONE CROSSWALK ENHANCEMENT

NEAR WASHINGTON ELEMENTARY SCHOOL

HORIZONTAL CONTROL
9/19/2023 APPROVED FOR CONSTRUCTION
Item #14. Page 10
Meeting Date: 12/12/2023 / Packet Page #: 622

REVISIONS
No. DESCRIPTION Appr Date:

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT

ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION.

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R
Know what'sbelow. Callbefore you dig.

City Engineer RCE 70424
Reviewed By:

CITY OF Engineering
Division
Date Date:

Plan No.:

Drawn By:

GLENDORA
File No.:

Sheet of
Scale:

Plans Prepared by:
www.jmdiaz.com
(626) 820-1136 Fax
(626) 820-1137 Tel
City of Industry, CA 91748
18645 East Gale Avenue, Suite 212
IVAN SALVATIERRA RCE 83901 DATE
Prepared under the Supervision of: 100% SUBMITTAL - NOT FOR CONSTRUCTION 10' 0 10' 20'
1" = 10'
7/05/2023
DD 5
1" = 10'
6 GLADSTONE CROSSWALK ENHANCEMENT

NEAR WASHINGTON ELEMENTARY SCHOOL

ELECTRICAL PLAN
9/19/2023 APPROVED FOR CONSTRUCTION
Item #14. Page 11
Meeting Date: 12/12/2023 / Packet Page #: 623

REVISIONS
No. DESCRIPTION Appr Date:

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT

ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION.

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R
Know what'sbelow.

Callbefore you dig.

City Engineer RCE 70424
Reviewed By:

CITY OF Engineering
Division
Date Date:

Plan No.:

Drawn By:

GLENDORA
File No.:

Sheet of
Scale:

Plans Prepared by:
www.jmdiaz.com
(626) 820-1136 Fax
(626) 820-1137 Tel
City of Industry, CA 91748
18645 East Gale Avenue, Suite 212
IVAN SALVATIERRA RCE 83901 DATE
Prepared under the Supervision of: 100% SUBMITTAL - NOT FOR CONSTRUCTION 20' 0 20' 40'
1" = 20'
7/05/2023
DD 6
1" = 20'
6 8
1 2
3 4
5 6
7 8
9 10
11 12
10 8
6 6
7 4
7 1
12 10
10 4
4 7
11 12
13 16
15 15
14 11
1 15
16 14
14 17
17 22
10 4
7 20
20 18
18 19

YIELD HERE
TO
20 14
14 20 20
21 22
23 9
AHEAD
14 14
14 14
14 14
14 14
14 3
2 2
2 3
15 23
3 8
15 10
10 16
10 21
8 5
14 23
13 13
19 19
24 24

GLADSTONE CROSSWALK ENHANCEMENT

NEAR WASHINGTON ELEMENTARY SCHOOL

SIGNING & STRIPING
9/19/2023 APPROVED FOR CONSTRUCTION
Item #14. Page 12
Meeting Date: 12/12/2023 / Packet Page #: 624
Item #14. Page 13
Meeting Date: 12/12/2023 / Packet Page #: 625
Item #14. Page 14
Meeting Date: 12/12/2023 / Packet Page #: 626
Item #14. Page 15
Meeting Date: 12/12/2023 / Packet Page #: 627
Item #14. Page 16
Meeting Date: 12/12/2023 / Packet Page #: 628
Item #14. Page 17
Meeting Date: 12/12/2023 / Packet Page #: 629
Item #14. Page 18
Meeting Date: 12/12/2023 / Packet Page #: 630
Item #14. Page 19
Meeting Date: 12/12/2023 / Packet Page #: 631
Item #14. Page 20
Meeting Date: 12/12/2023 / Packet Page #: 632
Item #14. Page 21
Meeting Date: 12/12/2023 / Packet Page #: 633
Item #14. Page 22
Meeting Date: 12/12/2023 / Packet Page #: 634
Item #14. Page 23
Meeting Date: 12/12/2023 / Packet Page #: 635
Item #14. Page 24
Meeting Date: 12/12/2023 / Packet Page #: 636
Item #14. Page 25
Meeting Date: 12/12/2023 / Packet Page #: 637
Item #14. Page 26
Meeting Date: 12/12/2023 / Packet Page #: 638
Item #14. Page 27
Meeting Date: 12/12/2023 / Packet Page #: 639
Item #14. Page 28
Meeting Date: 12/12/2023 / Packet Page #: 640
Item #14. Page 29
Meeting Date: 12/12/2023 / Packet Page #: 641
Item #14. Page 30
Meeting Date: 12/12/2023 / Packet Page #: 642
Item #14. Page 31
Meeting Date: 12/12/2023 / Packet Page #: 643

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
ALFARO COMMUNICATIONS CONSTRUCTION, INC.

DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 32
Meeting Date: 12/12/2023 / Packet Page #: 644
PW Agreement – Alfaro Communications Construction (Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383) 12/12/23 1

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
ALFARO COMMUNICATIONS CONSTRUCTION, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2023 by and between the City of Glendora, a California municipal corporation (“City”) and Alfaro Communications Construction, Inc., a California Corporation (“Contractor”). City and Contractor 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. Contractor, 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 Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor 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. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” 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, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor 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.

DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 33
Meeting Date: 12/12/2023 / Packet Page #: 645
PW Agreement – Alfaro Communications Construction (Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383) 12/12/23 2

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No. 1383, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor 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 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that 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. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor 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, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor 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. Contractor 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 Contractor 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 Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor 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.

DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 34
Meeting Date: 12/12/2023 / Packet Page #: 646
PW Agreement – Alfaro Communications Construction (Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383) 12/12/23 3
(e) Apprentices. Contractor 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.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor 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, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor 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 Contractor 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, Contractor 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.”
Contractor’s Authorized Initials _______________
Mayra Martinez
Vice President & Secretary
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor 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. Contractor 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 DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 35
Meeting Date: 12/12/2023 / Packet Page #: 647
PW Agreement – Alfaro Communications Construction (Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383) 12/12/23 4
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor 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 Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work 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, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 36
Meeting Date: 12/12/2023 / Packet Page #: 648
PW Agreement – Alfaro Communications Construction (Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383) 12/12/23 5

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, 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 caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 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 DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 37
Meeting Date: 12/12/2023 / Packet Page #: 649
PW Agreement – Alfaro Communications Construction (Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383) 12/12/23 6
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 38
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shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) 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.

1.11 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 Contractor 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 $ 300,309 (Three Hundred Thousand, Three Hundred and Nine Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.10. 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 the contract retention; (iii) payment for time and materials based upon the Contractor’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 Contractor 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 Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor 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, Contractor is DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 39
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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.

Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor 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 Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor 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 that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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.

Contractor 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 Contractor, 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 Contractor, 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 Contractor shall within DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 40
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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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 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”). The City Manager may, at his/her sole discretion, extend the Agreement for one (1) additional one-year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

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

Hugo Alfaro- President, Treasurer
Mayra Martinez- Vice President, Secretary
Haidi Daaifi, Contract Administrator
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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 41
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the services required under this Agreement. Contractor shall notify City of any changes in Contractor’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 Contractor.

Contractor 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. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’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. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The City’s “Contract Officer” shall be Management Analyst, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, 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 Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor 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. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor 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. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 42
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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 Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor 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. Contractor 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 $2,000,000 per occurrence, $4,000,000 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. Contractor 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 Contractor 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. Contractor 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 Contractor 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. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor 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”.

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5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor 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. Contractor 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 Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(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 Contractor or City will withhold amounts sufficient to pay premium from Contractor 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. 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. Contractor 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 Contractor’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. Contractor 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 Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’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.
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under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor 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 Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor 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) Contractor 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 Contractor hereunder; and Contractor 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 Contractor 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 Contractor hereunder, Contractor 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.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor 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 DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 46
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omission, or reckless or willful misconduct of Contractor in the performance of professional services and work 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 Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds 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’s 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 Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

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5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 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 Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor 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.

Contractor 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. Contractor 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, Contractor DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 48
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agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor 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 Contractor, 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 Contractor 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 Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor 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) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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) Contractor, 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, 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 DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 49
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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 Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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 Contractor 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.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor 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 Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. 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 Contractor 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 Contractor’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.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (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 DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 50
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damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor 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 Contractor 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, Contractor shall file a 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 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

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7.8 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 Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor 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 Contractor has initiated termination, the Contractor 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.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 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.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 52
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effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

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 Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor 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 Contractor’s performance of services under this Agreement. Contractor 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. Contractor 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 effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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. Contractor 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.

Contractor 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 Contractor 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, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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 Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

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9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor 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.

Contractor 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. Contractor 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.

Contractor’s Authorized Initials ___________________
Mayra Martinez
Vice President & Secretary

9.7 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 FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

ALFARO COMMUNICATIONS
CONSTRUCTION, INC.

Hugo Alfaro
President, Treasurer
[email protected]
Mayra Martinez
Vice President, Secretary
[email protected]
Address: Alfaro Communications
15614 S Atlantic Ave., Compton, CA, 90221
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 OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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01240.0006/939463.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No. 1383, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This project is for the construction of crosswalk enhancements near Washington Elementary School at the intersection of W. Gladstone Street and S. Nearglen Avenue. The work consists of installation of signing and striping including enhanced crosswalk markings, signage, in-roadway pavement flashers, rectangular rapid flashing beacons (solar powered), construction of median refuge island, curb extensions, sidewalk, pavement reconstruction along with demolition and traffic controls. Project construction will use and implement the specifications and plans provided by the City.

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

A. Existing conditions report and status of overall work schedule.

B. Progress reports of work completed.

C. Report of work to be completed.

D. Report on pending requests for information (RFIs).

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

V. Contractor shall provide for and ensure the safe and continuous passage for pedestrian and vehicular traffic at all times during the construction of the project in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

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01240.0006/939463.1 B-1
EXHIBIT “B”

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

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

Section 2.4 (Invoices) shall be modified by adding the following terms to the end of such section:

In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.

II. ARTICLE 3. PERFORMANCE SCHEDULE
Section 3.1 (Time of Essence) shall be modified by adding the following sentence to the end of such section:

Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section

3.2 and the provisions of the General Conditions.

III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
City hereby waives the requirements of Section 5.1(c) - Professional liability (errors & omissions) insurance.

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01240.0006/939463.1 C-1
EXHIBIT “C”

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

Line
Item Item Description Unit of Measure Quantity Unit Price Extension 1 Mobilization and demobilization LS 1 $13,650 $13,650
2 Construction surveying and reestablish survey monuments including tie-outs
LS 1 $9,100 $9,100
3 Traffic Control LS 1 $4,550 $4,550
4 Erosion Control and Best Management
Practices LS 1 $3,250 $3,250
5 Remove existing PCC sidewalk/Curb
ramp
SF 700 $8.09 $5,663
6 Remove existing Curb and Gutter LF 75 $51.05 $3,828.75 7 Install Detectable Warning Surface
(Yellow Pad) per SPPWC Std. Plan No.
111-5
EA 1 $2,353 $2,353
8 Install Uneven Textured Finish in median SF 344 $55.91 $19,233.04 9 Construct ADA curb ramp per SPPWC
Std. Plan No. 111-5
EA 2 $6,106.75 $12,213.50
10 Construct curb type A1-6 per SPPWC Std.

Plan No. 120-3
LF 188 $57.57 $10,823.16
11 Construct curb and gutter type A2-6 per
SPPWC Std. Plan No. 120-3
LF 85 $114.09 $9,697.65
12 Construct 4” Thick concrete sidewalk per
City Std. Plan 1.02 LF 740 $13.11 $9,701.40
13 Remove existing sign and/or post EA 2 $260 $520
14 Install sign and post per plan EA 6 $520 $3,120
15 Relocate existing sign and post EA 1 $455 $455
16 Dispose of existing sign and move post to
new location EA 1 $455 $455
17 Remove existing striping/raised markers
by method of wet sand blasting LF 3,530 $1.95 $6,883.50 18 Install 6-inch solid thermoplastic double
yellow traffic stripe per Caltrans Std. Plan
No. A20A, detail 22
LF 100 $4.55 $455
19 Install 6-inch white thermoplastic line per
Caltrans Std. Plan No. A20A, detail 9 LF 600 $4.88 $2,928 20 Install 8-inch solid white thermoplastic
channelizing line per Caltrans Std. Plan
No. A20D, detail 38
LF 50 $4.88 $244
21 Install 6-inch solid white thermoplastic
line, 50’ in length (unless otherwise noted)
with type C markers
LF 260 $5.53 $1,437.80
22 Install 12-inch-wide solid limit line per
Caltrans Std. Plan No. A24E EA 1 $650 $650
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23 Install 6-inch solid yellow thermoplastic
median island per Caltrans Std. Plan No.

A20B detail 29 LF 100 $4.88 $488
24 Install 6-inch yellow thermoplastic twoway left turn lane per Caltrans Std. Plan No.

A20B detail 32
LF 250 $7.15 $1,787.50
25 Install 6” solid white thermoplastic edge
line LF 320 $4.23 $1,353.60
26 Install thermoplastic pavement marking
arrow as shown on plan per Caltrans Std.

Plan No. A24A
EA 2 $552.50 $1,105
27 Install yellow thermoplastic continental
crosswalk pavement marking per Caltrans
Std. Plan No. A24F
EA 2 $1,950 $3,900
28 Install white thermoplastic pavement
marking yield line as shown per Caltrans
Std. Plan No. A24G
LF 50 $4.88 $244
29 Install thermoplastic pavement marking
words as shown on plan per Caltrans Std.

Plan No. A24D
EA 13 $351 $4,563
30 Install crosswalk limit line per Caltrans
Std. Plan No. A24E EA 2 $650 $1,300
31 Install red curb LF 144 $2.28 $328.32
32 Refresh/Paint existing red curb LF 110 $2.28 $250.80 33 Install type 1-A pole footing per Caltrans
Std. Plan No. ES-7B EA 2 $5,365.75 $10,731.50
34 Remove existing sign and foundation,
relocate type 1-A pole, solar panel and
cabinet
EA 2 $3,357.25 $6,714.50
35 Replace existing pedestrian push button EA 1 $455 $455 36 Replace existing and install new RRFP
equipment EA 1 $69,213.76 $69,213.76
37 Install 1-1/2" Conduit stub out from
pullbox to outside lip of gutter LF 10 $118.30 $1183
38 Install 2" Schedule 80 PVC conduit LF 70 $122.76 $8,593.20 39 Install new #5 pullbox as shown EA 2 $1,573 $3,146
40 Remove existing pullbox and stub out. EA 1 $591.50 $591.50 41 Cold mill existing AC pavement at 2” and
haul away SF 9,664 $1.51 $14,492.64
42 Construct Asphalt Concrete Surface
Course (2”)
TON 117 $381.67 $44,655.39
43 Adjust survey monument cover to surface EA 1 $1,950 $1,950 44 Adjust gas valve cover to surface EA 1 $1,950 $1,950 Not to Exceed Total $300,308.51
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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01240.0006/939463.1 C-3
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor 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.

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01240.0006/939463.1 D-1
EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All work 30 Working Days 30 Working
Days from
Notice to
Proceed
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. City’s Contract Officer will identify the same concurrently with the issuance of the notice to proceed.

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

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01240.0006/939463.1 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Alfaro Communications Construction, Inc., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No. 1383;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Three Hundred Thousand, Three Hundred and Nine Dollars ($ 300,309), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 63
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01240.0006/939463.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 64
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01240.0006/939463.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Alfaro Communications Construction, Inc., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Crosswalk Enhancement Improvements Near Washington Elementary, Plan No. 1383;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Three Hundred Thousand, Three Hundred and Nine Dollars($ 300,309), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 65
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01240.0006/939463.1
Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

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01240.0006/939463.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract:

City of Glendora
Project: Crosswalk Enhancement Improvements Near Washington Elementary, Plan No. 1383
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
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01240.0006/939463.1
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

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01240.0006/939463.1

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 69
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01240.0006/939463.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
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01240.0006/939463.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 71
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01240.0006/939463.1

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 72
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01240.0006/939463.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
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01240.0006/939463.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 74
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01240.0006/939463.1

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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01240.0006/939463.1

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

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(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: FA77A67B-3D37-4418-AD3A-DB1CC327F25F Item #14. Page 77
Meeting Date: 12/12/2023 / Packet Page #: 689
Crosswalk Enhancement
Improvements Near Washington
Elementary School
Community Development
City Council
December 12, 2023
Vanessa Nalbandian, Management Analyst
CityOfGlendora.org
Item #14. Page 78
Meeting Date: 12/12/2023 / Packet Page #: 690
2 OVERVIEW
• Safe Routes to School Demo
• Design Plans and Construction
• Next Steps
Item #14. Page 79
Meeting Date: 12/12/2023 / Packet Page #: 691
3 SAFE ROUTES TO SCHOOL DEMO
• One-day demonstration project
• Demonstration included:
• Curb extensions
• Midblock refuge
• Landscaping
Item #14. Page 80
Meeting Date: 12/12/2023 / Packet Page #: 692
4 SAFE ROUTES TO SCHOOL DEMO Item #14. Page 81
Meeting Date: 12/12/2023 / Packet Page #: 693
5 SAFE ROUTES TO SCHOOL DEMO
• Survey taken day of demo
• Roughly 40 respondents
• Majority of respondents supported and would like to
see permanent crosswalk improvements
• Opportunity for the City to make a difference in the
community and answer their concerns
Item #14. Page 82
Meeting Date: 12/12/2023 / Packet Page #: 694
6 SURVEY RESULTS Item #14. Page 83
Meeting Date: 12/12/2023 / Packet Page #: 695
7 SURVEY RESULTS Item #14. Page 84
Meeting Date: 12/12/2023 / Packet Page #: 696
8 DESIGN PLANS AND CONSTRUCTION
• Installation of signing and striping
• Enhanced crosswalk markings
• New signage
• In-roadway pavement flashers
• Rapid flashing beacon (solar powered)
• Construction of median refuge island
• Curb extensions/sidewalk/pavement reconstruction
Item #14. Page 85
Meeting Date: 12/12/2023 / Packet Page #: 697
9 DESIGN PLANS Item #14. Page 86
Meeting Date: 12/12/2023 / Packet Page #: 698
10 NEXT STEPS
• Give contractor Notice to Proceed
• Pre-construction meeting
• Begin construction
• Anticipated completion date: early 2024
Item #14. Page 87
Meeting Date: 12/12/2023 / Packet Page #: 699
11 RECOMMENDATIONS

1. Award a contract for Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383, to Alfaro Communications Construction, Inc., n the amount of $300,308.51; and

2. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c); and

3. Approve the Plans and Specifications for Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No.1383; and

4. Authorize the Community Development Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount; and

5. Authorize the City Manager to execute the Agreement.

That the City Council:

Item #14. Page 88
Meeting Date: 12/12/2023 / Packet Page #: 700

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 12, 2023
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITYWIDE
SUBJECT: ADOPT A CITY COUNCIL RESOLUTION ESTABLISHING A SELF-INSURED PAID

FAMILY LEAVE POLICY THAT PROVIDES SHORT-TERM WAGE REPLACEMENT

BENEFITS TO ELIGIBLE EMPLOYEES WHO NEED TIME OFF WORK FOR FAMILY LEAVE

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution establishing a Paid Family Leave Program that provides shortterm wage replacement benefits to eligible employees who need time off work for family leave.

STRATEGIC FOCUS AREAS
 Goal 3: Enhance Employee Development and Retention (EEDR)

EXECUTIVE SUMMARY
A comprehensive benefits packages can be used to attract and retain talent. Family friendly policies are highly valued by employees. Paid Family Leave (PFL) is a benefit that provides partial income replacement to eligible workers who have a full or partial loss of wages due to the need to care for a seriously ill or injured family member, to bond with a new child, or to participate in a qualifying event as a result of a family member’s military deployment to a foreign country.

Protecting employees’ jobs and pay while they manage personal family issues increases employee retention, reduces turnover, and enhances recruitment efforts. It is also essential to ensure that all workers can meet their health and family needs without jeopardizing their employment and income.

Research shows that paid leave increases the likelihood that workers will return to work after childbirth, improves employee morale, and has neutral or positive effects on workplace productivity. Therefore, staff is recommending that the City Council approve the proposed self-insured Paid Family Leave Program.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
City employees paid for California State Disability Insurance (SDI) contributions from their paychecks (approximately 1% of taxable wages), which also included Paid Family Leave. The City would collect these contributions and send them to the State and the State would administer the program.

In January 2021, the City withdrew AFSCME bargaining unit employees from California State Disability Insurance and replaced it with Lincoln Financial Short-Term and Long-Term Disability plan because it was a more robust benefit and costs would be paid by the City, but inadvertently eliminated PFL. The remaining bargaining units were never covered by the State plan or private plan due to program participation being optional.

DISCUSSION
The recruitment landscape continues to change the City’s ability to attract the right candidate for the organization. Staff has encountered many challenges that have made it particularly difficult to hire.

Item #15. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 701
Staff Report Page 2 of 3
Offering a comprehensive benefits package is an important tool for the City to retain employees and be competitive and attractive to qualified candidates. Staff continues to seek and evaluate new benefits that will enhance the compensation package for employees. Paid Family Leave is an additional family friendly policy that is highly valued by the workforce because it supports employee work-life balance.

Prior to January 2021, AFSCME was the only bargaining group in the City that were covered by the California State Disability Insurance, which included PFL. To participate, a payroll deduction is withheld from an employees’ paycheck as a percentage of earnings, and the City sends the collected contributions to State of California Employment Development Department (EDD), who would also administer the program.

Currently, Short Term Disability and Long Term Disability insurance are offered through Lincoln Financial.

This only covers short-term cash benefits to employees who can’t work due to a non-work related injury, illness, or pregnancy, it does NOT include PFL. When considering a PFL program, staff evaluated and analyzed different funding structures and determined that a self-insured program is best suited for the City based on usage and costs in comparison to a private insurance (such as Lincoln Financial).

The proposed Paid Family Leave Program would provide partial income replacement to eligible employees who have a full or partial loss of wages due to the need to care for a seriously ill or injured family member, to bond with a new child, or to participate in a qualifying event as a result of a family member’s military deployment to a foreign country. The City’s proposed program aligns with the State’s PFL program and would provide the following benefits:
 Up to 8 weeks of paid benefits.
 60% of base salary.
 Leave can be taken continuously or intermittently.

To be eligible, an employee must:
 Be a permanent employee of the City (including certain part-time positions).  Have earned at least $300 in wages from the City within the 12 months immediately preceding the PFL start date.
 Have lost wages due to the need to provide care for a seriously injured or ill family member, to bond with a child or to participate in a qualifying event resulting from a family member’s military deployment to a foreign country.

Lastly, PFL can be used in conjunction with other applicable leaves such as Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL).

If approved by the City Council, the program would go into effect January 1, 2024 and would be retro active to October 1, 2023. The retroactive benefit would apply to 1 AFSCME employee who recently became a father for the first time.

FISCAL IMPACT
The City currently pays approximately $76,900 for STD and LTD for all employees. Similar to the Insurance programs (liability and worker’s compensation), the City must set aside $45,000 at all times in the event of a claim for benefits. This amount was determined based on an actuarial and working with Keenan and Associates, the City’s benefit broker. There are sufficient funds available to meet this requirement. Eligible employees can use this benefit at no cost to them.

ENVIRONMENTAL DETERMINATION
Not Applicable
Item #15. Page 2
Meeting Date: 12/12/2023 / Packet Page #: 702
Staff Report Page 3 of 3
Prepared By Rita Wendling, Assistant Director of Human Resources Concurs With Not Applicable
Reviewed By Marie Ricci, Deputy City Manager
Certified to Availability of Funds Kyle Johnson, Finance Director Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Resolution
B. Paid Family Leave Policy (Draft)(Exhibit A of Resolution) Item #15. Page 3
Meeting Date: 12/12/2023 / Packet Page #: 703
RESOLUTION CC 2023-____

A RESOLUTION OF THE GLENDORA CITY COUNCIL ESTABLISHING

A SELF-INSURED PAID FAMILY LEAVE PROGRAM FOR THE CITY

OF GLENDORA

THE CITY COUNCIL
City of Glendora, California
WHEREAS, The City’s compensation package is regularly reviewed and analyzed to ensure that that appropriate level of wages and fringe benefits are provided to current and future employees.; and,
WHEREAS, It is the City’s desire to remain competitive in the labor market to retain and recruit talent for the organization; and,
WHEREAS, as part of the ongoing effort to modernize the organization, coordinate implementation of the 2023-2025 Strategic Plan objectives, address legislative initiatives, and prepare for succession planning; and,
WHEREAS, periodically the Compensation Plan and authorized positions lists are amended to reflect changes in the organizational structure.

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

SECTION 1. That the City Council adopt the self-insured Paid Family Leave Program (Exhibit A)
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this __ day of ________, 2023.

City Council of Glendora, CA
BY:
______________________
Mayor

ATTEST TO FORM
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #15. Page 4
Meeting Date: 12/12/2023 / Packet Page #: 704
Resolution CC 2023-_____ Page 2 of 3

CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 2023, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #15. Page 5
Meeting Date: 12/12/2023 / Packet Page #: 705
Resolution CC 2023-_____ Page 3 of 3

EXHIBIT A
Self-insured Paid Family Leave Program
Item #15. Page 6
Meeting Date: 12/12/2023 / Packet Page #: 706
SECTION or POLICY NO:

Policy No.

ORIGINATING DEPT:

Finance Department PAID FAMILY LEAVE
Reference:

Administrative Policy
SUPERSEDES:

Not Applicable
NEW EFFECTIVE DATE: PAGE 1 of 6
APPROVED BY:

City Council approved Resolution CC 2023-___
Prepared by: Finance Page 1 of 8
I. Purpose
The purpose of this Administrative Police is to set forth the City’s Policy as it pertains to Paid Family Leave (PFL) provisions for regular, full-time employees.

II. Authority
Public Agencies, including Cities, are not required to participate in SDI and by extension PFL (refer to the DE 231SC). Therefore, authority to provide PFL resides with the City as provided for under collectively bargained Memoranda of Understanding (MOU).

III. Policy
The City provided via this Administrative Policy, in tandem with applicable provisions of MOU, PFL wage/income replacement to eligible employees who take leave time to care for a family member. The purpose of this policy is to define the City’s policies and procedures regarding the provision of the PFL benefit. This policy does not entitle employees to “job protection” during their period of absence.

Employees should refer to the City’s leave policies for questions concerning eligibility for leave or rights pertaining to the Family Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA).

IV. Provisions
a. Definitions
i. Bonding – time spent with a new child entering the family either through birth adoption, or foster care placement. A parent is defined as an individual, spouse, or registered domestic partner who will be serving as a parent for the child.
ii. Caregiving - time off work to care for a seriously ill child, parent, parentin-law, grandparent, grandchild, sibling, spouse, or registered domestic partner.
iii. Family Member – defined as child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. iv. Serious Health Condition - A serious health condition is an illness, injury, impairment, or physical or mental condition that requires: At-home or inpatient care in a hospital, hospice, or residential medical care facility.

Continuing treatment by a physician or health care practitioner. Unless issues arise, cosmetic treatments, the common cold, flu, earaches, upset stomachs, minor ulcers, and non-migraine headaches do not qualify as a serious health condition.

Item #15. Page 7
Meeting Date: 12/12/2023 / Packet Page #: 707
Policy Title – effective date