Agenda packet — Glendora City Council, July 9, 2024 (part 1 of 4)

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, JULY 9, 2024
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD, GLENDORA As a courtesy to others attending this meeting, please turn off or place in silent mode all cell phones and other communication devices while in the Council Chamber. Thank you.

Glendora regularly scheduled public meetings are conducted utilizing a hybrid format and will take place in accordance with the requirements of the Ralph M. Brown Act. To participate virtually, download Zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or zoom.us/j/9329247224. The teleconferencing procedures followed relating to elected and/or appointed officials’ participation in public meetings will comply with Government Code §54953 et seq.

MAYOR/CHAIR
Mendell Thompson, District 5

MAYOR PRO TEM/VICE-CHAIR
David Fredendall, District 2

COUNCIL/COMMISSIONERS
Michael Allawos, District 1
Gary Boyer, District 3
Karen Davis, District 4

MEETING SCHEDULE
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, Closed Session Business will commence as early as 5:00 PM, when scheduled, and General Business Session will commence at 7:00 PM.

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

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

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

LIVE BROADCASTING AND REBROADCASTING
Regular meetings are broadcast LIVE on the City Website at www.cityofglendora.org, Meetings also broadcast on Channel 3 (Spectrum) & Channel 32 (Frontier) and are replayed Thursday - Sunday the week following the meeting. Meetings are also available any time for replay through the City's webpage at cityofglendora.org/citymeetings.

Meetings can also be viewed via the City YouTube channel at YouTube.com/cityofglendoraca and the following Zoom meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224 Meeting Date: 7/9/2024 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, JULY 9, 2024
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD, GLENDORA 5:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session Business will commence at 5:00 PM, and General Business Session will commence at 7:00 PM.

NOTICE IS FURTHER GIVEN that to watch and listen to the meeting virtually, download Zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224. Public comment will be allowed in person, through email, or by mail.

CALL TO ORDER

ROLL CALL

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

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(2) and (e)(1) because there is a significant exposure to litigation in three (3) cases but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.

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

REORDERING OF AND ADDITIONS TO THE AGENDA

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

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

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

2. Public Comments received
Meeting Date: 7/9/2024 / Packet Page #: 2

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

3. National Night Out 2024

4. 2023 - 2025 Strategic Plan Update for June 2024

5. Sister City Update – Delegation to Moka
CITY RECOMMENDATION: 1. Receive and file this update on the delegation to Moka.

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

6. Affirm Minutes from January 9, 2024, June 11, 2024, and June 25, 2024 Regular Joint Meetings CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Affirm minutes as presented.

7. Review and Affirm Disbursements for June in the Amount of $6,362,579.01 CITY/AGENCY/AUTHORITY RECOMMENDATION: Review and affirm the disbursements for June in the amount of $6,362,579.01.

8. Consideration of a Resolution amending the Rules and Protocols for the Conduct of Public Meetings to Modify the Frequency of the Community Services Commission Meetings CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION OF

THE CITY COUNCIL AMENDING THE RULES AND PROTOCOLS FOR THE CONDUCT OF

PUBLIC MEETINGS, PROCEEDINGS AND BUSINESS TO MODIFY THE FREQUENCY OF COMMUNITY SERVICES COMMISSION MEETINGS AND REPEALING RESOLUTIONS CC2024-21 OR ANY RESOLUTION IN CONFLICT OR INCONSISTENT HEREWITH.”

9. Second Reading and Adoption of Ordinance No. 2088 Approving an Amendment to Glendora Municipal Code Title 5 (Business Licenses and Regulations) to Add Section 5.40.110 "Delegation of Administration" and Title 2 (Administration and Personnel) to Add Section 2.18.050(a)(2) Regarding the Recommendation of Members for Appointment
CITY RECOMMENDATION: 1. Adopt on second reading Ordinance No. 2088 entitled, “AN ORDINANCE OF THE CITY COUNCIL ADDING SECTIONS 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER 5.40 “GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY BOARDS AND COMMISSIONS” OF THE GLENDORA MUNICIPAL CODE.”

10. Approval of Amendment No. 1 to the Agreements for procuring architectural and engineering professional services between the Consultants on the Approved 2021-2026 Master On-Call Consultant List and the City of Glendora, extending the term of the Agreements through June 30, 2025, in an amount not to exceed $150,000 per fiscal year for each Consultant Meeting Date: 7/9/2024 / Packet Page #: 3
CITY RECOMMENDATION: 1. Approve Amendment No. 1 to the Agreements between the Consultants on the approved 2021-2026 Master On-Call Consultant List and the City of Glendora, extending the terms thereof through June 30, 2025, in an amount not to exceed $150,000 per fiscal year for each consultant; and 2. Authorize the City Manager or designee, to execute the amendments to the agreements with all the listed consultants, including minimal or non-substantive changes.

11. Approval of Amendment No. 1 to the Agreement for Services between JMDiaz, Inc. and the City of Glendora dated July 13, 2021 for construction management and inspection services for Gold Line Light Rail Transit Phase 2B project in an amount not to exceed $396,790 per fiscal year CITY RECOMMENDATION: 1. Approve Amendment No. 1 to the Agreement for Services between JMDiaz, Inc. and the City of Glendora dated July 13, 2021, for construction management and inspection services for Gold Line Light Rail Transit Phase 2B project, extending the term of the agreement for an additional year through July 12, 2025; and 2. Authorize the City Manager or his designee to execute Amendment No. 1, including minimal and/or non-substantive changes, and subsequent extensions up to one additional one-year period.

12. Approve Contract Services Agreement with Tri County Pump Company for the Well 2 Pump Rehabilitation Project in an amount not to exceed $150,000 inclusive of a 20% contingency in the amount of $25,000 and term of 10 working days
CITY RECOMMENDATION: 1. Award a Contract Services Agreement with the Tri County Pump Company in an amount not to exceed $150,000.00 for the Well 2 Pump Rehabilitation Project inclusive of a 20% contingency in the amount of $25,000; and 2. Authorize the Public Works Director to execute any necessary contingency in an amount not to exceed twenty percent (20%) or $25,000 included within of the original contract amount; and 3. Authorize the City Manager to execute the Agreement.

13. Award Consulting Services Agreement to Update the City's Urban Forestry Manual and Related Municipal Codes to Dudek in an Amount not to Exceed $93,790 and a 10% Contingency in the Amount of $9,380 with a Term of 15 Working Days
CITY RECOMMENDATION: 1. Award Consulting Services Agreement to Update the City's Urban Forestry Manual and related municipal codes to Dudek in an amount not to exceed $93,790; 2.

Authorized the Public Works Director to execute any necessary contingency in an amount not to exceed ten percent (10%) or $9,380 of the original contract amount; 3. Authorize the City Manager to execute the Agreement and subsequent extension up to one additional one-year period; and 4.

Authorize a supplemental appropriation in the amount of $103,170 in the General Fund (101).

MEMBER AGENDA ITEMS

14. Consideration of CalCities Annual Conference Resolution Prepared by Council Member Allawos (Allawos and Boyer)
CITY RECOMMENDATION: 1. Discuss and provide direction to staff on the possibility of submitting a resolution for consideration as part of the Cal Cities Annual Conference; and 2. If applicable, provide direction and direct staff to present the resolution.

Meeting Date: 7/9/2024 / Packet Page #: 4

UNFINISHED BUSINESS

15. Award Consultant Services Agreement for Crossing Guard Services to All City Management Services Inc. in an amount not to exceed $280,917 for the period of July 1, 2024, through June 30, 2025, with an Option to Extend up to Four Additional One-Year Periods CITY RECOMMENDATION: 1. Award a Consultant Services Agreement for crossing guard services to All City Management Services Inc. in an amount not to exceed $280,917 annually; and 2. Authorize the Police Chief to execute any necessary contingency in an amount not to exceed 5% of the original contract amount; and 3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive chances; and 4. Authorize the creation of a new fund GUSD Master JUA Fund 105; and 5. Authorize budget amendments to estimated revenues and appropriations in General Fund 101, Measure E 103 and GUSD Master JUA Fund 105 to centralize all costs and associated offset revenues.

16. Approve Amendment No. 1 to the Agreement for Contract Services between Mariposa Landscapes, Inc. and the City of Glendora dated June 28, 2022 for the addition of Landscape Maintenance on Glendora Unified School District Properties in an amount not to exceed $510,900 per year CITY RECOMMENDATION: 1. Approve Amendment No 1 to the Agreement for Contract Services between Mariposa Landscapes, Inc. and the City of Glendora dated June 28, 2022, adding landscape maintenance for Glendora Unified School District properties to the scope of work in an amount not to exceed $510,900 per year; 2. Authorize the City Manager to execute the Amendment; and 3.

Authorize the creation of a GUSD Master Joint Use Agreement (JUA) Fund 105; and 4. Authorize an increase in estimated revenues and a supplemental appropriation in the amount of $510,900 in GUSD Master JUA Fund 105; and 5. Authorize budget amendments to estimated revenues and appropriations between General Fund 101, Measure E 103 and GUSD Master JUA Fund 105 to centralize all costs and associated offset revenues.

NEW BUSINESS

17. Approval of Amendment No. 1 to the Agreement between West Coast Arborists and the City of Glendora dated June 22, 2021, for Tree Trimming and Tree Maintenance Services in an amount not to exceed $721,490 for FY 2024-25
CITY RECOMMENDATION: 1. Approve Amendment No. 1 to the Agreement between West Coast Arborists and the City of Glendora dated June 22, 2021, for Tree Trimming and Tree Maintenance Services, increasing the authorized annual expenditure by an amount not to exceed $721,490 for FY 2024-25, increasing the overall amount of the agreement to $2,422,490, and extending the term of the agreement through June 30, 2025; and 2. Authorize the City Manager or his designee to execute Amendment No. 1, including minimal and/or non-substantive changes.

18. Award Contract Services Agreement for Route 66 Sidewalk and Curb Ramp Rehabilitation Project, FY 2022-2023, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project FY 2023-2024, Plan No. 1381 to CJ Concrete Construction, Inc in an amount not to exceed $373,350 plus a contingency in the amount of $25,000 with a term of 60 Days from Effective Date CITY RECOMMENDATION: 1. Approve the Plans and Specifications for Route 66 Sidewalk and Curb Ramp Rehabilitation Project, FY 2022-2023, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project FY 2023-2024, Plan No. 1381; 2. Award the Capital Improvement Projects Contract Services to CJ Concrete Construction, Inc for Route 66 Sidewalk and Curb Ramp Meeting Date: 7/9/2024 / Packet Page #: 5
Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381 for an amount of $373,350 plus a contingency in the amount of $25,000, for a total of $398,350; 3. Authorized the Public Works Director to execute any necessary change orders in an amount not to exceed $25,000; and 4. Authorize the City Manager to execute the Agreement.

19. Award the Professional Services Agreement with General Technologies and Solutions LLC for Design of the HSIP Cycle 11 – Signalized Intersection Safety Enhancements Project for an amount not to exceed $267,284, at Barranca Avenue and Route 66; Route 66 and Hunters Trail; Lone Hill Avenue and Kenoma Street; Gladstone Street and Valley Center Avenue; Gladstone Street and Sunflower Avenue; Sunflower Avenue and Juanita Avenue, and Gladstone Steet and Barranca Avenue CITY RECOMMENDATION: 1. Award the Design Services Agreement to General Technologies and Solutions (GTS) LLC, for the HSIP Cycle 11-Signalized Intersection Safety Enhancements Project for an amount of $242,985 with a 10% contingency in the amount of $24,299 for a total amount not to exceed of $267,284; 2. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% ($24,299) of the contract amount; and 3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

20. Presentation of an Overview of Annexation and Unincorporated Areas within the City of Glendora's Sphere of Influence
CITY RECOMMENDATION: 1. Provide direction to staff regarding annexation of unincorporated areas within the City’s sphere of influence.

MEMBER/STAFF CLOSING COMMENTS

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

Dated: July 3, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 7/9/2024 / Packet Page #: 6
Item #3. Page 1
Meeting Date: 7/9/2024 / Packet Page #: 7

STAFF REPORT
To: Mayor and Council Members Date: July 9, 2024
From: City Manager District(s): Citywide
Subject: Sister City Update – Delegation to Moka

RECOMMENDATION
That the City Council:

1. Receive and file this update on the delegation to Moka.

STRATEGIC FOCUS AREAS
 Goal 7: Enhance Community Engagement and Presence (ECEP)

EXECUTIVE SUMMARY
Glendora has two Sister Cities: Merida, Mexico and Moka, Japan. The City’s relationship with Merida dates back to 1966 and its relationship with Moka to 1984. Moka extended Glendora an invitation to participate in its 70th Anniversary celebration in October 2024. In January 2024, staff received direction from the City Council to determine how many people would be able to attend with a budget of $50,000. In March 2024, the City Council directed staff to identify all members of the delegation to Moka. The report provides an update on the Moka delegation.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In late 2023, Councilmembers Davis and Boyer requested an update on the City’s Sister City programs and discussion on the City’s participation in Moka’s 70th Anniversary.

On January 23, 2024, the City Council discussed the City’s Sister City programs with Merida, Mexico and Moka, Japan. After a brief discussion, the City Council appointed Council Members Boyer and Davis and any necessary staff to represent the City Council on the Glendora Sister City Association (GSCA); and directed staff to return to City Council with an update in March 2024. Additionally, the City Council approved a budget in the amount of $50,000 for Moka’s 70th Anniversary celebration trip and directed staff to make the necessary preparations in consultation with GSCA.

On March 26, 2024, the City Council directed the City Manager to meet with each Councilmember to identify who will be a part of the delegation to Moka, including City staff, and make all necessary travel arrangements.

DISCUSSION
The City’s relationship with Moka dates back to 1984, with both cities solidifying their relationship as Sister Cities in 1988. The City’s partnership with Moka is strengthened through the Glendora Unified School District’s (GUSD) robust relationship with Moka. Over the last five years, various delegations from the City and GUSD have visited Moka and similarly, delegations from Moka have visited the City and GUSD.

Aside from student study abroad programs, the most recent City delegation visited Moka in 2018; a large Moka delegation also visited Glendora the same year to honor the 30th anniversary of the two cities’ Sister City relationship. More recently, a school centric Moka delegation visited GUSD and the City in November 2023 and a single representative from Moka visited Glendora in March 2024.

Item #5. Page 1
Meeting Date: 7/9/2024 / Packet Page #: 8
Staff Report Page 2 of 3
The City has been invited to participate in Moka’s 70th Anniversary celebration alongside its other Sister Cities in Taiwan and Australia. In January, the City Council allocated $50,000 to the trip and directed staff to return in March 2024 with additional information and further discussion on the size and composition of the City’s delegation. In March 2024, the City Council directed staff to identify all members of the delegation to Moka. Since the last update, the delegation has been identified and additional details have been received related to the itinerary of events related to this trip.

The City’s delegation will include:
 Mayor Thompson and Mrs. Thompson
 Mayor Pro Tempore Fredendall and Mrs. Fredendall
 Council Member Davis and Mr. Davis
 Moises Lopez, Assistant City Manager
 Marie Ricci, Deputy City Manager
 Valerie Velasquez-Santoya, Housing and Economic Development Manager  Steven Mateer, Transportation Manager
 Cindy Romero, Library Services Manager
Four members of the GSCA will also be participating alongside the City’s delegation in Moka’s 70th Anniversary celebration.

Representatives from Moka, GSCA, and City staff have prepared a detailed itinerary of the planned trip, that includes the following:
 October 2: Depart from Los Angeles International Airport.  October 3: Arrive at Haneda Airport. Delegation will stay overnight in Tokyo.  October 4: Transfer to Moka (transportation provided by Moka) in the morning. Following check-in at hotel, delegation to participate in Welcome Ceremony and Symposium for Moka’s 70th Anniversary Celebration, followed by a dinner with Moka officials.  October 5: Moka’s 70th Anniversary Celebration continues, with the delegation participating in a Ceremony, Pole Sign Unveiling Ceremony, and Parade. The day concludes with a dinner alongside the Australia delegation.
 October 6: Cultural Sightseeing in Utsunomiya and Nikko.  October 7: Delegation to meet with Moka officials and tour City facilities.  October 8: Cultural sightseeing in Moka and transfer to Haneda Airport (transportation provided by Moka) for return flight.

FISCAL IMPACT
In January 2024, the City Council directed staff to allocate $50,000 for Moka’s 70th Anniversary Delegation. As such, the appropriate funding has been included in the FY 2024-2025 Adopted Mid-Cycle Budget. The table below details the costs incurred to date; additional costs may be included following completion of the trip.

Expense Cost
Flights $20,732.40
Transportation $955.10
Total (Tentative) $21,687.50

ENVIRONMENTAL DETERMINATION
Not applicable.

Item #5. Page 2
Meeting Date: 7/9/2024 / Packet Page #: 9
Staff Report Page 3 of 3
Prepared By Moises Alvarez Lopez, Assistant City Manager Concurs With Not Applicable
Reviewed By Adam Raymond, City Manager
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable

ATTACHMENTS
None
Item #5. Page 3
Meeting Date: 7/9/2024 / Packet Page #: 10

CALL TO ORDER
The Successor Agency, Housing Authority and Public Finance Authority meeting was called to order at 6:00 PM.

ROLL CALL
Members Present: Michael Allawos, Gary Boyer, Karen Davis, Mayor Pro Tem/Vice-Chair David J. Fredendall, and Mayor/Chair Mendell L. Thompson
Members Absent: None
Also Present: City Manager/Executive Director Adam Raymond, City/Agency Attorney Danny Aleshire, Assistant City Manager Moises Lopez, Deputy City Manager Marie Ricci, Police Chief Matt Egan, Captain Chris Stabio, Captain Michael Randazzo, Public Works Director William Wittkopf, Finance Director/City Treasurer Kyle Johnson, Community Development Director Jeff Kugel, Housing and Economic Development Manager Valerie Velasquez, Recreation and Human Services Director John Aguirre, Library Director Janet Stone, Information Technology Director Sam Robbin (via Zoom), City Clerk/Communications Director Kathleen Sessman, Assistant Public Works Director Michael Sledd, Transportation Manager Steven Mateer, City Planner Michael Carnahan, Planning Technician Aaron Saenz, Management Analyst Vanessa Mikhail, Management Analyst Kelsey Fay, Senior Digital Media Specialist Greg Morton, Digital Media Specialist Craig Gill, and Deputy City Clerk/Records Manager Roxanne Breceda.

CLOSED SESSION
Closed Session titles were read into the record. There was no one wishing to provide comment. The meeting convened into Closed Session at 6:03 PM.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code §54956.8, enable the City Council and Housing Authority to give direction to its negotiator(s) Adam Raymond, Danny Aleshire, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1762 Dale Road, APN 8631-013-023. The City’s real property negotiator will seek direction from the City Council regarding the terms.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held pursuant to Government Code §54956.8, enable the City Council of the City of Glendora, property owner, to receive information form negotiator(s) Adam Raymond, Danny Aleshire, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding certain real properties APN 8655- 007-900, APN 8655-007-901, APN 8655-007-902 and APN 8655-021-900. The City’s real property negotiator will seek direction from the City Council regarding the disposition of the property.

City of Glendora Minutes
Regular Joint Meeting
Tuesday, January 9, 2024
City Hall Council Chamber
116 E. Foothill Boulevard, Glendora
Virtually via Zoom ID 9329247224
The City Council also serves as members of the Board of Directors of the Successor Agency, Housing and Public Financing Authority, which are concurrently convening this evening.

Item #6. Page 1
Meeting Date: 7/9/2024 / Packet Page #: 11
Minutes Tuesday, January 9, 2024 Page 2 of 5
Regular Joint Meeting City Council, Successor Agency and Housing Authority Closed Session adjourned at 6:59 PM and the meeting was reconvened into Open Session at 7:00 PM with all members present. City Attorney Aleshire reported Closed Session Items 1 and 2 were discussed, privileged and confidential briefings were provided, questions were asked and answered, and there were no reportable actions taken.

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Pastor Rio Martinez of Celebration Church.

The Pledge of Allegiance was led by Joe Cena.

REORDERING OF AND ADDITIONS TO THE AGENDA
There were no requests received.

PUBLIC COMMENT

3. Public Comments received
Comments were received from: Jenng Chan, Bob Moore, Chamber of Commerce President/CEO Joe Cina, James Crawford, Kenneth Tanner, and Erica Landmann.

MEMBER STATEMENTS/REPORTS
Mayor/Chair Thompson requested an updated to address the public comments related to the traffic signal on Arrow Highway and the water rates.

Mayor Pro Tem/Vice-Chair Fredendall commented on the “new” parking signs installation to address the illegal camping and overnight parking between Glendora Avenue and Valley Center Drive.

Council Member/Commissioner Allawos commented on Senate Bill 770 United Health Care Financing.

Council Member/Commissioner Davis wished everyone a Happy New Year and announced a discussion event at La Fetra Center.

Council Member/Commissioner Boyer reported on Southern California Association of Governments traffic study.

Mayor/Chair Thompson thanked everyone who helped with the Christmas Stroll and Parade; wished everyone a Happy New Year; and announced that the Winter/Spring Glendora Report has been mailed out.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
There were no statements or reports given.

PUBLIC HEARINGS

4. A Public Hearing to consider an Ordinance Amending Sections of Title 19 and Title 21 of the Glendora Municipal Code to Establish a Community Art Program (File No. PLN23-0006) Item title was read into the record and the Public Hearing was declared opened. Public testimony in favor was received from the following: Andrew Turner.

Item #6. Page 2
Meeting Date: 7/9/2024 / Packet Page #: 12
Minutes Tuesday, January 9, 2024 Page 3 of 5
Regular Joint Meeting City Council, Successor Agency and Housing Authority Following discussion, multiple motions were received.

A motion was made by Council Member Davis, seconded by Mayor Thompson, that the City Council approve staff’s recommendations #1 - #5 as presented, and amending the proposed ordinance under “Art Allocation” to read as follows: “The fees, rates, and charges for the Glendora Art Program shall be established pursuant to resolution by the City Council to state fees for both commercial and residential shall be established pursuant to a resolution by the City Council.” An alternate motion was made by Council Member Allawos, seconded by none, that the City Council approve staff’s recommendations #1 - #5 as presented, and amending the proposed ordinance under “Art Allocation” to remove all percentage and residential fees until the Master Fee Schedule is presented for discussion. The motioned died due to a lack of a second.

A second alternate motion was made by Council Member Allawos, seconded by Mayor Pro Tem Fredendall, that the City Council approve staff’s recommendations #1 - #5 as presented, and amend the proposed ordinance under “Art Allocation” to read as follows: “The fees, rates, and charges for the Glendora Art Program shall be established pursuant to a separate resolution by the City Council.” Following additional discussion, City Manager Raymond suggested that the City Council consider taking the recommendations separately, by taking recommendations #1- #4 first, and then recommendation #5. There were no objections.

A third alternate motion was made by Council Member Davis, seconded by Council Member Allawos that the City Council 1. Find and determine that the Ordinance and Resolution are exempt from the California Environmental Quality Act (CEQA); 2. Introduce for first reading Ordinance 2083 entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING CERTAIN SECTIONS OF TITLE 19 (BUILDING AND CONSTRUCTION) AND TITLE 21 (ZONING) OF THE GLENDORA MUNICIPAL

CODE TO IMPLEMENT A COMMUNITY ART PROGRAM WHICH INCLUDES A PUBLIC ART ALLOCATION REQUIREMENT;” 3. Schedule second reading and adoption of the Ordinance for the January 23, 2024, City Council meeting; 4. Direct the preparation of a summary ordinance for publication; noting the amendment to recommendation #2, ordinance under “Art Allocation” to read as follows: “The fees, rates, and charges for the Glendora Art Program shall be established pursuant to resolution by the City Council.” An oral roll call was vote conducted, and the third alternate motion carried 5 - 0 as follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

Immediately following, a motion was made by Council Member Boyer, seconded by Council Member Davis that the City Council 5. Direct staff to notice and schedule a public hearing amending the Master Fee Schedule to add an art in-lieu fee. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

CONSENT CALENDAR
A motion was made by Council Member Davis, seconded by Council Member Allawos, to approve Consent Calendar Items as presented, affirming the actions appropriate to each item. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Gary Boyer, Karen K. Davis, David J. Fredendall, Mendell Thompson; NOES: None; ABSENT: None; ABSTAIN:

None.

Item #6. Page 3
Meeting Date: 7/9/2024 / Packet Page #: 13
Minutes Tuesday, January 9, 2024 Page 4 of 5
Regular Joint Meeting City Council, Successor Agency and Housing Authority

5. Review and Affirm Disbursements for December 2023 in the amount of $11,041,471.69 The City Council and Housing Authority 1. Reviewed and affirmed disbursements for December 2023 in the amount of $11,041,471.69.

6. Approve a Purchase Order with Model 1 for the Purchase of Two Class D Dial-A-Ride Vehicles in an Amount Not to Exceed $186,995
The City Council 1. Approved a purchase order with Model 1 for the purchase of two Class D Dial-ARide vehicles an amount not to exceed $186,995, 2. Approved an increase in estimated revenues and supplemental appropriation in the amount of $140,000 to Fund 207 – Grant Funds, 3. Approved a supplemental appropriation in the amount of $47,000 from Fund 209 – Proposition A Local Return; and 4. Authorized a 10% contingency in the amount of $16,999.50 from Fund 209 – Proposition A Local Return.

7. Second Reading and adoption of Ordinance No. 2080 Approving an Amendment to Glendora Municipal Code Title 5 (Business Licenses and Regulations) to Add a Section to the Glendora Village Business Improvement District Increasing the Number of Events Allowed Per Year The City Council 1. Adopted on second reading Ordinance 2080 entitled, "AN ORDINANCE OF THE CITY OF GLENDORA AMENDING TITLE 5 (BUSINESS LICENSES AND REGULATIONS) SECTION 5.32 (SPECIAL OUTDOOR DISPLAY EVENTS) OF THE GLENDORA MUNICIPAL

CODE ADDING REGULATIONS SPECIFIC TO THE GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT."

8. Second Reading and Adoption of Ordinance 2082 Amending Section 2.04.040 "Salaries" of Title 2 "Administration and Personnel" of the Glendora Municipal Code (Requested by Boyer) The City Council 1. Adopted on second reading Ordinance 2082 entitled, “AMENDING SECTION

2.04.040 OF THE TITLE 2 ‘ADMINISTRATION AND PERSONNEL’ OF THE GLENDORA MUNICIPAL CODE.”

9. Second Reading and adoption of Ordinance No. 2081 amending the Glendora Municipal Code amending certain sections of Title 20 (Subdivisions) and Title 21 (Zoning) to implement various housing production actions from the 6th RHNA Cycle (2021-2029) General Plan Housing Element (Project PLN23-0016)
The City Council 1. Adopted on second reading Ordinance 2081 entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING CERTAIN SECTIONS OF TITLE 20 (SUBDIVISIONS) AND TITLE 21 (ZONING) OF THE GLENDORA MUNICIPAL CODE TO IMPLEMENT VARIOUS HOUSING PRODUCTION ACTIONS FROM THE 6TH RHNA CYCLE (2021-2029) GENERAL PLAN HOUSING ELEMENT” (PROJECT PLN23-0016).

10. Notice of Completion for Louie Pompei Memorial Sports Park Playground Resurfacing The City Council 1. Accepted and approved the Notice of Completion for the Louie Pompei Memorial Sports Park Playground Resurfacing Project by Milcon Systems, Inc; and 2. Authorized the Mayor to sign the Notice of Completion for recordation.

Item #6. Page 4
Meeting Date: 7/9/2024 / Packet Page #: 14
Minutes Tuesday, January 9, 2024 Page 5 of 5
Regular Joint Meeting City Council, Successor Agency and Housing Authority

11. City of Glendora and Glendora Successor Agency Investment Report for November 2023 The City Council 1. Received and filed the Monthly Investment Activity Report for November 2023.

UNFINISHED BUSINESS

12. Approve an Agreement with Ortco Inc for the Installation of Park Shade Structures at Louie Pompei Memorial Sports Park in the amount of $477,700
A motion was made by Council Member Davis, seconded by Council Member Allawos, that the City Council 1. Approve an agreement with Ortco Inc for the installation of park shade structures at Louie Pompei Memorial Sports Park in the amount of $477,700; 2. Authorize change orders in an amount not to exceed 5% or $23,885 for a total contract amount not to exceed $501,585; and 3. Authorize the City Manager or his designee to execute the agreement with Ortco Inc, including minimal and/or nonsubstantive changes. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows:

AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN:

None.

13. Discussion of Library Structural Assessment, Visioning, and Funding Options Following discussion, City Council directed staff to complete an overall structural analysis of all City facilities including the library and survey the community for public input. There were no objections.

NEW BUSINESS

14. First Reading and Introduction of an Ordinance Adding Section 13.18 of the Glendora Municipal Code Establishing the Slow Streets Program
A motion was made by Council Member Davis, seconded by Council Member Allawos, that the City Council 1. Introduce for first reading Ordinance 2084 entitled, "AN ORDINANCE OF THE CITY COUNCIL ESTABLISHING THE SLOW STREETS PROGRAM." An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

MEMBER/STAFF CLOSING COMMENTS
There were no statements or closing comments given.

ADJOURNMENT
Meeting was adjourned at 10:05 PM.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on __________________ .

Item #6. Page 5
Meeting Date: 7/9/2024 / Packet Page #: 15

CALL TO ORDER
The City Council, Successor Agency, Housing and Public Financing Authority meeting was called to order at 7:00 PM.

ROLL CALL
Members Present: Michael Allawos, Gary Boyer, Karen K. Davis, Mayor Pro Tem/Vice-Chair David J. Fredendall, and Mayor/Chair Mendell L. Thompson Members Absent: None
Staff Present: City Manager/Executive Director Adam Raymond, City/Agency Attorney Danny Aleshire, Assistant City Manager Moises Lopez, Deputy City Manager Marie Ricci, Police Chief Mike Randazzo, Captain Chris Stabio, Captain Shelly Gold, Public Works Director William Wittkopf, Finance Director/City Treasurer Kyle Johnson, Information Technology Director Sam Robbin (via Zoom), Community Development Director Jeff Kugel, Recreation and Human Services Director John Aguirre, City Clerk/Communications Director Kathleen Sessman (via Zoom), Assistant Public Works Director Michael Sledd, Library Services Manager Donna Dukes, Library Services Manager Cindy Romero, Library Management Analyst Elke Cathel, Recreation Manager Annie Warner, Support Services Supervisor Marc Archibald, Management Analyst Myla De Castro, Digital Media Specialist Craig Gill, Senior Digital Media Specialist Greg Morton, City Clerk Specialist Lorena Cordova, and Deputy City Clerk/Records Manager Roxanne Breceda

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Rev Karen Davis of First Christian Church.

The Pledge of Allegiance was led by Mayor Thompson.

REORDERING OF AND ADDITIONS TO THE AGENDA
There were no requests received.

PUBLIC COMMENT

1. Public Comments Received
Comments were received from: Mark Smith, Anthony Portantino District Representative Lisa Bault, Glendora Chamber of Commerce CEO/President Joe Cina, and Hector Rojero of NonProfit Project 2911.

MEMBER STATEMENTS/REPORTS
Council Member/Commissioner Allawos requested reports regarding public comments made relating to peacocks and traffic issues.

City of Glendora Minutes
Regular Joint Meeting
Tuesday, June 11, 2024
City Council Chamber
116 E. Foothill Boulevard, Glendora
Virtually via Zoom ID 9329247224
The City Council also serves as members of the Board of Directors of the Successor Agency of the former Community Redevelopment Agency, Housing Authority and Public Financing Authority, which are concurrently convening this evening.

Item #6. Page 6
Meeting Date: 7/9/2024 / Packet Page #: 16
Minutes Tuesday, June 11, 2024 Page 2 of 6
Joint Meeting City Council, Successor Agency, Housing and Public Financing Authority Council Member/Commissioner Boyer commented on the upcoming Glendora Rotary Club’s 4th of July Field of Heroes at City Hall and at Gladstone Park, opportunities to sponsor and/or install flags; Movies in the Park; Concerts in the Park; and Glendora Woman's Club Little Sunshine Foundation.

Council Member/Commissioner Davis commented on the 7th Annual Veterans Forum hosted by Congresswomen Grace Napolitano, Judy Chu, and Supervisor Kathryn Barger’s.

Mayor/Chair Thompson commented on the State of the City.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
There were no statements or reports given.

SPECIAL ITEMS

2. Presentation by Foothill Gold Line on the Landscaping and Pedestals that will be deployed at the Glendora station (Requested by Thompson)
A presentation was given by Foothill Gold Line Chief Communications and Strategic Development Officer Lisa Levy Buch, Station and Architectural Design Manager Tanya Patsaouras, and Public Art Program Manager Lesly Elwood.

PUBLIC HEARINGS

3. A Public Hearing to Consider Resolutions Approving the Engineer’s Report and Confirming a Diagram and Assessment for the City of Glendora Streetlight Maintenance District No. 1 for Fiscal Year 2024-25
Item title was read into the record and the Public Hearing was declared opened. There was no one wishing to provide testimony. Public Hearing was declared closed.

A motion was made by Council Member Allawos, seconded by Council Member Davis, that the City Council 1. Adopt City Council Resolution CC 2024-24 entitled, “A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2024-25 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO. 1;” and 2. Adopt City Council Resolution CC 2024-25 entitled, “A RESOLUTION OF THE CITY COUNCIL CONFIRMING A DIAGRAM AND

ASSESSMENT FOR THE CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25.” An oral roll call vote was conducted, and the motion carried 5 - 0 follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

4. A Public Hearing to Consider Resolutions Approving the Engineer’s Report and Confirming a Diagram and Assessment for the City of Glendora Landscape Maintenance District No. 1 for Fiscal Year 2024-25
Item title was read into the record and the Public Hearing was declared opened. There was no one wishing to provide testimony. Public Hearing was declared closed.

A motion was made by Council Member Allawos, seconded by Council Member Davis, that the City Council 1. Adopt City Council Resolution CC 2024-26 entitled, “A RESOLUTION OF THE CITY Item #6. Page 7
Meeting Date: 7/9/2024 / Packet Page #: 17
Minutes Tuesday, June 11, 2024 Page 3 of 6
Joint Meeting City Council, Successor Agency, Housing and Public Financing Authority COUNCIL APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2024-25 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO. 1;” and 2. Adopt City Council Resolution CC 2024- 27 entitled, “A RESOLUTION OF THE CITY COUNCIL CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25. An oral roll call vote was conducted, and the motion carried 5 - 0 follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

5. A Public Hearing to Consider Resolutions Adopting the Budget for the City of Glendora for Fiscal Year 2024-25, Adopting the Investment Policy for Fiscal Year 2024-25, Delegating Investment Authority, and Determining and Establishing the Gann Appropriations Limit for Fiscal Year 2024-25
Item title was read into the record and the Public Hearing was declared opened. A staff report was presented that included the following revisions to Resolution CC 2024-32. There was no one wishing to provide testimony. Public Hearing was declared closed.

A motion was made by Council Member/Commissioner Davis, seconded by Council/Commissioner Member Boyer, that the City Council, Successor Agency, Financing and Housing Authorities 1. Adopt Joint Resolution CC 2024-28, CC 2024-28 (SA), FN 2024-01, HA 2024-02 entitled, "A JOINT

RESOLUTION OF THE CITY COUNCIL, SUCCESSOR AGENCY, HOUSING AUTHORITY AND

PUBLIC FINANCING AUTHORITY ADOPTING THE BUDGET FOR THE CITY OF GLENDORA FOR FISCAL YEAR BEGINNING JULY 1, 2024 AND ENDING JUNE 30, 2025;" 2. Adopt City Council Resolution CC 2024-29 entitled, “A RESOLUTION OF THE CITY COUNCIL

DETERMINING AND ESTABLISHING GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTIONS AND GOVERNMENT CODE SECTION 7910;” 3. Adopt Joint Resolution CC 2024-30, CC 2024-30 (SA), FN 2024-02, HA 2024-03 entitled, “A RESOLUTION OF THE CITY COUNCIL, SUCCESSOR

AGENCY, HOUSING AUTHORITY AND PUBLIC FINANCING AUTHORITY AGENCY

ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEAR BEGINNING JULY 1, 2024 AND ENDING JUNE 30, 2025;” 4. Adopt Joint Resolution CC 2024-31, CC 2024-31 (SA), FN 2024-03, HA 2024-04 entitled, “A RESOLUTION OF THE CITY COUNCIL,

SUCCESSOR AGENCY, HOUSING AUTHORITY AND PUBLIC FINANCING AUTHORITY DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER;” and 5. Adopt City Council Resolution CC 2024-32 entitled, "A RESOLUTION OF THE CITY COUNCIL APPROVING

AN AMENDMENT TO THE AUTHORIZED POSITION CONTROL LISTING AND THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF GLENDORA," including requested revisions. An oral roll call vote was conducted, and the motion carried 5 - 0 follows: AYES:

Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

6. A Public Hearing to Consider a Resolution Establishing and Amending the Master Schedule of Fees for Service for Fiscal Year 2024-25
Item title was read into the record and the Public Hearing was declared opened. There was no one wishing to provide testimony. Public Hearing was declared closed.

A motion was made by a motion was made by Council Member Boyer, seconded by Council Member Allawos, to 1. Adopt City Council Resolution CC 2024-33 entitled, “A RESOLUTION

ESTABLISHING THE MASTER SCHEDULE OF FEES FOR SERVICE AND AMENDING Item #6. Page 8
Meeting Date: 7/9/2024 / Packet Page #: 18
Minutes Tuesday, June 11, 2024 Page 4 of 6
Joint Meeting City Council, Successor Agency, Housing and Public Financing Authority CITYWIDE FEES FOR COST OF SERVICE FOR FISCAL YEAR 2024-25.” An oral roll call vote was conducted, and the motion carried 5 - 0 follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

CONSENT CALENDAR
A motion was made by Council Member/Commissioner Davis, seconded by Council Member/Commissioner Allawos, to approve Consent Calendar Items as presented affirming the actions appropriate to each item. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows:

AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN:

None.

7. Affirm Minutes from April 9, 2024, April 23, 2024, and May 28, 2024 Meetings The City Council, Successor Agency and Housing Authority 1. Affirmed minutes as presented.

8. Review and Affirm Disbursements for May 2024 in the Amount of $6,743,455.07 The City Council, Successor Agency and Housing Authority 1. Reviewed and affirmed Disbursements for May 2024 in the amount of $6,743,455.07.

9. Second Reading and Adoption of Ordinance No. 2086 Amending Section 2.40.150 of the Glendora Municipal Code regarding Professional Service Contracts and Contracts for Public Projects under the Uniform Public Construction Cost Account Act The City Council 1. Adopted on second reading Ordinance No 2086 entitled “AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.40.150 TO CHAPTER

2.40 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OF

THE GLENDORA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE

CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNT ACT.”

10. Second Reading and Adoption of Ordinance No. 2087 Amending the Glendora Municipal Code Title 1 Custody and Use of the Official Seal and Other Insignia, Section 12.020 Official Seal and City Logo
The City Council 1. Adopted on second reading Ordinance No. 2087 entitled, “AN

ORDINANCE OF THE CITY COUNCIL AMENDING THE GLENDORA MUNICIPAL CODE TITLE 1 CUSTODY AND USE OF THE OFFICIAL SEAL AND OTHER INSIGNIAS, SECTION 12.020 OFFICIAL SEAL AND CITY LOGO.”

11. Consideration of a License Agreement to extend the use of an existing Wireless Communication Facility on City Owned Property at 1245 Saga Street, Glendora The City Council 1. Authorized the City Manager to Execute a License Agreement with STC One LLC, registered in California as Tower Company One LLC, to extend the operation of an existing Wireless Communication Facility on City Owned Property at 1245 Saga Street (APN 8636-025-908).

12. Zero Emission Vehicle Call for Projects Proposition C Funding Agreement Item #6. Page 9
Meeting Date: 7/9/2024 / Packet Page #: 19
Minutes Tuesday, June 11, 2024 Page 5 of 6
Joint Meeting City Council, Successor Agency, Housing and Public Financing Authority The City Council 1. Authorize the City Manager to execute the Zero Emission Vehicle Call for Projects Proposition C Funding Agreement between the City of Glendora and the Los Angeles County Metropolitan Transportation Authority (LACMTA).

13. Consideration of a Resolution Approving Acquisition of Real Property Located at West of Bonnie Cove (Assessor Parcel Number 8643-016-087)
The City Council 1. Adopted City Council Resolution CC 2024-34 entitled, “A RESOLUTION

OF THE CITY COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF AN

AGREEMENT FOR ACQUISITION OF REAL PROPERTY DESCRIBED AS WEST OF BONNIE COVE AVENUE (ASSESSOR PARCEL NUMBER (APN) 8643-016-087), FOM

MARIA SANTOS AND FINDING & FINDING SUCH ACQUISITION EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;” and 2.

Authorized the City Manager to execute the documents necessary to complete the acquisition of the property identified as APN 8643-016-087.

NEW BUSINESS

14. Approve Amendment No. 1 to the Agreement with The Humane Society of Pomona Valley Inc. dba Inland Valley Humane Society & S.P.C.A. (IVHS) for Animal Sheltering and Animal Control Services within the City of Glendora for Fiscal Year 2024-2025 in the amount not to exceed $450,644
A motion was made by Council Member Davis, seconded by Council Member Allawos, that the City Council 1. Approve Amendment No. 1 to the Agreement with The Humane Society of Pomona Valley Inc. dba Inland Valley Humane Society & S.P. C. A. (IVHS) for Animal Sheltering and Animal Control Services within the City of Glendora for Fiscal Year 2024-2025 in the amount not to exceed $450,644; and 2. Authorize the City Manager or his designee to execute the Amendment with Inland Valley Humane Society & S.P.C.A. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

15. FY 2023-24 Capital Improvement Program Update
A motion was made by Council Member Boyer, seconded by Council Member Davis, that the City Council 1. Receive the FY 2023-24 Capital Improvement Program Update. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

16. Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023 Under separate cover, a newly revised Attachment A dated June 11, 2024, entitled "Annual Comprehensive Financial Report” was posted to replace the original item packet.

A motion was made by Council Member Allawos, seconded by Mayor Pro Tem Fredendall, that the City Council 1. Receive and file the Annual Comprehensive Financial Report for Fiscal Year ending June 30, 2023 distributed under separate cover on June 11, 2024. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Boyer, Davis, Fredendall, Thompson; NOES:

None; ABSENT: None; ABSTAIN: None.

Item #6. Page 10
Meeting Date: 7/9/2024 / Packet Page #: 20
Minutes Tuesday, June 11, 2024 Page 6 of 6
Joint Meeting City Council, Successor Agency, Housing and Public Financing Authority

MEMBER/STAFF CLOSING COMMENTS
There were no statements or reports given.

ADJOURNMENT
Meeting adjourned at 9:38 PM.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on ________ .

Item #6. Page 11
Meeting Date: 7/9/2024 / Packet Page #: 21

CALL TO ORDER
The City Council, Successor Agency and Housing Authority meeting was called to order at 7:00 PM.

ROLL CALL
Members Present: Michael Allawos, Gary Boyer, Karen Davis, Mayor Pro Tem/Vice-Chair David Fredendall (virtually from Camp Geronimo, 2599 W. Webber Creek Rd, Payson, AZ 85541), and Mayor/Chair Mendell L. Thompson
Members Absent: None
Staff Present: City Manager/Executive Director Adam Raymond, City/Agency Attorney Danny Aleshire (arrived at 7:05 PM), Assistant City Manager Moises Lopez, Deputy City Manager Marie Ricci, Publics Works Director William Wittkopf, Community Development Director Jeff Kugel, Police Chief Mike Randazzo, Information Technology Director Sam Robbin (via Zoom), Recreation and Human Services Director John Aguirre, Library Director Janet Stone (via Zoom), City Clerk/Communications Director Kathleen Sessman, Administrative Assistant Megan Stone, Management Analyst Kelsey Fay, Management Analyst Alycia Suniga, Management Aide Thomas Dang, Digital Media Specialist Craig Gill, Senior Digital Media Specialist Greg Morton, and City Clerk Specialist Lorena Cordova

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Rev Susan Scranton of Grace Episcopal Church.

The Pledge of Allegiance was led by Council Member Allawos.

REORDERING OF AND ADDITIONS TO THE AGENDA
There were no requests received.

PUBLIC COMMENT

1. Public Comments received
Comments were received from: Mark Smith, Susan Scranton, and Joe Cina.

MEMBER STATEMENTS/REPORTS
Council Member/Commissioner Allawos requested to agendize for the July 9, 2024 City Council meeting a Resolution to ensure fairness and equal treatment for all Government Officials in California that can be submitted to the League of California Cities for their October general session, before the Leagues August 17, 2024 deadline. Seconded by Council Member/Commissioner Boyer.

City of Glendora Minutes
Regular Joint Meeting
Tuesday, June 25, 2024
City Hall Council Chamber
116 E. Foothill Boulevard, Glendora
Virtually via Zoom ID 9329247224
The City Council also serves as members of the Board of Directors of the Successor Agency of the former Community Redevelopment Agency, Housing Authority and Public Financing Authority, which are concurrently convening this evening.

Item #6. Page 12
Meeting Date: 7/9/2024 / Packet Page #: 22
Minutes Tuesday, June 25, 2024 Page 2 of 4
City Council Meeting City Council, Successor Agency and Housing Authority Council Member/Commissioner Davis announced upcoming Summer Concerts in the Park series.

Mayor Pro Tem/Vice-Chair Fredendall commented on the monsoon weather.

Council Member/Commissioner Boyer announced the Glendora Rotary Club's Annual Field of Hero's event; Movies in the Park; Handel's Homemade Ice Cream Grand Opening; Pre-Nomination Candidate Workshop; and requested to adjourn the meeting in memory of Chris Purkiss.

Mayor/Chair Thompson commented on the State of the City; that “ALL” fireworks are prohibited in Glendora; pool safety; and excessive heat warning.

Council Member/Commissioner Allawos commented on the State of the City.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
City Clerk/Communications Director Sessman announced Pre-Nomination Candidate Workshop on Monday, July 1, 2024.

CONSENT CALENDAR
A motion was made by Council Member/Commissioner Allawos, seconded by Council Member/Commissioner Davis, to approve Consent Calendar Items #2 - #5 as presented affirming the actions appropriate to each item. An oral roll call vote was conducted, and the motion Carried 5 - 0 as follows: AYES: Michael Allawos, Gary Boyer, Karen K. Davis, David J. Fredendall, Mendell Thompson; NOES: (None); ABSENT: None; ABSTAIN: None.

2. City of Glendora and Glendora Successor Agency Investment Report for May 2024 The City Council and Successor Agency received and filed the Monthly Investment Activity Report for May 2024.

3. Consideration of a Resolution Adopting Projects for the Road Maintenance and Rehabilitation Account for Fiscal Year 2024-25
The City Council adopted City Council Resolution CC 2024-35 entitled, " A RESOLUTION OF THE CITY COUNCIL ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1 (THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017)."

4. Approve the Amendment No. 1 to the Contract Services Agreement with JMDiaz, Inc. for Engineering and Land Development Services Extending the Contract for One Year and increasing the contract amount by $200,000
The City Council 1. Approved Amendment No. 1 to the Contract Services Agreement (the "Agreement") with JMDiaz, Inc. (JMD) extending the contract term by one year and increasing the contract amount by $200,000; and 2. Authorized the City Manager to execute Amendment No. 1 including minor and non-substantive changes.

Item #6. Page 13
Meeting Date: 7/9/2024 / Packet Page #: 23
Minutes Tuesday, June 25, 2024 Page 3 of 4
City Council Meeting City Council, Successor Agency and Housing Authority

5. Approve Amendment No. 1 to the Contract Services Agreement with Willdan Engineering for on-call planning services, extending the contract term by for one year and increasing the contract amount by $60,000, for a new total contract amount of $110,000 The City Council 1. Approved Amendment No. 1 to the Contract Services Agreement with Willdan Engineering for on-call planning services, extending the contract term by for one year and increasing the contract amount by $60,000, for a new total contract amount of $110,000; and

2. Authorized the City Manager to execute Amendment No. 1.

UNFINISHED BUSINESS

6. Consideration of Changes to the City of Glendora Community Services Commission Council Member Allawos requested to continue discussion to a later date to give the Commission time to meet for input, no second was made.

Council Member Boyer requested to receive and file the report, no second was made.

A motion was made by Council Member Davis, seconded by Mayor Thompson, that the City Council

1. Approve the request by the Community Services Commission to change the frequency in which regularly scheduled Community Services Commission meetings occur from once a month to the third Thursday of odd number months and direct staff to prepare the required Resolution; and 2. Directed staff to return to Council with proposed Bylaws for the Community Services Commission at a later date.

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

7. Approve Amendment No. 3 with PW Golf Management to the Ground Lease Agreement for the Glen Oaks Golf Course
A motion was made by Council Member Davis, seconded by Council Member Boyer, that the City Council 1. Approve third (3rd) renewal option commencing on July 1, 2024, and ending on June 30, 2029; 2. Approve Amendment No. 3 with PW Golf Management to the ground lease to add three (3) more extension options for a total of 45 years, and to exclude from the revenue generated from “The Putt Course” for five (5) years commencing completion; and 3. Authorize the City Manager or his designee to execute the agreement with PW Golf Management, LLC, including minimal and/or nonsubstantive changes. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows:

AYES: Michael Allawos, Gary Boyer, Karen K. Davis, David J. Fredendall, Mendell Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

8. Discussion of Temporary Signs (Continued from October 10, 2023, City Council meeting) A motion was made by Council Member Boyer, seconded by Council Member Davis, that the City Council 1. Approve Option 4 to take no action. An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Gary Boyer, Karen K. Davis, David J. Fredendall, Mendell Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

Item #6. Page 14
Meeting Date: 7/9/2024 / Packet Page #: 24
Minutes Tuesday, June 25, 2024 Page 4 of 4
City Council Meeting City Council, Successor Agency and Housing Authority

NEW BUSINESS

9. First Reading and Introduction of an Ordinance Amending Chapter 5.40 and Chapter 2.18 of the Glendora Municipal Code and Consideration of a Memorandum of Understanding (MOU) Between the City and Glendora Chamber of Commerce for the Management and Operation of the Glendora Village Business Improvement District
Mayor Pro Tem Fredendall lost connection and left the meeting at 9:20 PM.

A motion was made by Council Member Allawos, seconded by Council Member Boyer, that the City Council 1. Introduce for first reading Ordinance 2088 entitled, “AN ORDINANCE OF THE CITY COUNCIL ADDING SECTION 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER

5.40 “GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY BOARDS AND COMMISSIONS” OF THE GLENDORA MUNICIPAL CODE; 2. Approve the Memorandum of Understanding (MOU) between the City and Glendora Chamber of Commerce; 3. Authorize the City Manager to execute the Memorandum of Understanding (MOU) including making minor non-substantive changes; and 4.

Direct staff to work to implement the Memorandum of Understanding (MOU) effective July 1, 2024.

An oral roll call vote was conducted, and the motion carried 4 - 0 as follows: AYES: Allawos, Boyer, Davis, Thompson; NOES: None; ABSENT: Fredendall; ABSTAIN: None.

MEMBER/STAFF CLOSING COMMENTS
Mayor/Chair Thompson wished everyone a Happy 4th of July; announced the upcoming Council meeting on July 9, 2024 and cancellation of the two following meetings, July 23 and August13, 2024.

ADJOURNMENT
Meeting was adjourned at 9:27 PM in memory of Chris Purkiss.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on ________ .

Item #6. Page 15
Meeting Date: 7/9/2024 / Packet Page #: 25

STAFF REPORT
To: Mayor and Council Members Date: July 9, 2024
From: Finance District(s): Citywide
Subject: Review and Affirm Disbursements for June in the Amount of $6,362,579.01

RECOMMENDATION
That the City Council:

1. Review and affirm disbursements for June in the amount of $6,362,579.01.

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

EXECUTIVE SUMMARY
For June 2024, the City disbursed the following amounts through accounts payable and payroll.

DATE A/P PAYROLL TOTAL
06/07/2024 $721,850.23 $721,850.23
06/14/2024 $522,416.86 $740,396.55 $1,262,813.41
06/21/2024 $1,332,536.94 $1,332,536.94
06/28/2024 $2,160,827.94 $884,550.49 $3,045,378.43
Total $4,737,631.97 $1,624,947.04 $6,362,579.01

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to the Glendora Municipal Code Section 2.20.030 Department reports, the Finance Department shall provide a comprehensive report on disbursements, at least on a quarterly basis.

DISCUSSION
Notable disbursements in June include $1,103,439.10 to Stephen Doreck Equipment for Mauna Loa Ave Water & Street Improvements.

For June 2024, the attachments are split into multiple reports due to the City’s continued transition to the new financial system and the new reports will continue to be refined for future months as the City identifies the most complete report available in the new financial system.

FISCAL IMPACT
There is no impact associated with the recommendation of this report.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Item #7. Page 1
Meeting Date: 7/9/2024 / Packet Page #: 26
Staff Report Page 2 of 2
Prepared By George Perez-Sosa, Accounting Technician
Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Not Applicable
CEQA Review Not Applicable
ATTACHMENTS:

A. Warrant Register – June 2024
Item #7. Page 2
Meeting Date: 7/9/2024 / Packet Page #: 27

CITY OF GLENDORA
CITY COUNCIL MEETING 7/9/2024
WARRANT REGISTER FOR 6/7/2024
GENERAL WARRANT REGISTER - FINANCE + 100,705.53 $
GENERAL WARRANT REGISTER - TYLER 621,144.70 $
PAYROLL EFT - $
TOTAL $ 721,850.23
PREPARED BY: George Perez

REVIEWED BY
Finance Director/City Treasurer
Warrant Register Notes – Understanding the “Key Org”
Key Org = Fund + Dept
XXXXXXX = XXX + XXXX
First three digits = Fund. The funds are used for this register are listed at the end of each register.

It includes the Fund #, Fund Title and Amount spent for that fund.

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT 10001 V8480 06/07/24 8026 FIRE RISK MANAGEMENT SER 5314306 FDAC RETIREES 06/24 0.00 1,489.93 10001 V8480 06/07/24 8026 FIRE RISK MANAGEMENT SER 970 FRMS HEALTH 06/24 0.00 69,374.08 10001 V8480 06/07/24 8026 FIRE RISK MANAGEMENT SER 970 FDAC RETIREES 06/24 0.00 551.07 TOTAL CHECK 0.00 71,415.08
10001 V8481 06/07/24 6883 LINCOLN NATIONAL LIFE IN 970 VOL AD&D 06/24 0.00 670.30 10001 V8481 06/07/24 6883 LINCOLN NATIONAL LIFE IN 970 LIFE/LTD/VOL LIFE JUN 0.00 12,331.34 TOTAL CHECK 0.00 13,001.64
10001 V8482 06/07/24 6882 MUNICIPAL DENTAL POOL 970 DENTAL-JUNE 2024 0.00 13,521.61 10001 111673 06/07/24 1025 STANDARD INSURANCE COMPA 970 VISION 06/24 0.00 2,767.20 TOTAL CASH ACCOUNT 0.00 100,705.53
TOTAL FUND 0.00 100,705.53
TOTAL REPORT 0.00 100,705.53
Item #7. Page 4
Meeting Date: 7/9/2024 / Packet Page #: 29
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 06/06/2024 CITY OF GLENDORA VENCHK11
TIME: 14:36:54 CHECK AND VOUCHER REGISTER - FUND TOTALS ACCOUNTING PERIOD: 11/24

FUND FUND TITLE AMOUNT
531 WATER OPERATIONS FUND 1,489.93
970 PAYROLL DISBURSEMENT FUND 96,448.40
TOTAL REPORT 97,938.33
Item #7. Page 5
Meeting Date: 7/9/2024 / Packet Page #: 30
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 06/06/2024 CITY OF GLENDORA VENCHK11
TIME: 14:25:49 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 11/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 2,767.20
TOTAL REPORT 2,767.20
Item #7. Page 6
Meeting Date: 7/9/2024 / Packet Page #: 31
Check Number Amount Check Date Payee Check Type
608 $338.73 06/07/24 88844MOTOR AP ACH609 $7,440.05 06/07/24 88844MOTOR AP ACH610 $3,303.00 06/07/24 ADOPT A HWY LITTER REMOVAL SVC, LLC AP ACH 611 $16,818.84 06/07/24 ALL CITY MANAGEMENT SERVICES INC AP ACH 612 $35.00 06/07/24 ALTA‐FOODCRAFT INC. AP ACH
613 $1,680.00 06/07/24 ANIMAL PEST MANAGEMENT SERVICES AP ACH 614 $250.00 06/07/24 ANIMAL PEST MANAGEMENT SERVICES AP ACH 615 $9.92 06/07/24 AQUA‐METRIC SALES COMPANY AP ACH
616 $9,355.76 06/07/24 ATHENS SERVICES AP ACH
617 $89.10 06/07/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 618 $88,472.40 06/07/24 CONVERGINT TECHNOLOGIES LLC AP ACH 619 $3,800.00 06/07/24 TANGLED WEB SOLUTIONS AP ACH
620 $562.33 06/07/24 DOCU‐TRUST AP ACH
621 $375.00 06/07/24 ELIZABETH VILLA AP ACH
622 $834.38 06/07/24 ENCORE GAS AND SUPPLY AP ACH
623 $367.29 06/07/24 ERGOGENESIS WORKPLACE SOLUTIONS LLC AP ACH624 $146,863.82 06/07/24 GENTRY BROTHERS INC. AP ACH 625 $2,083.34 06/07/24 GLENDORA CHAMBER OF COMMERCE AP ACH 626 $58.87 06/07/24 GLENDORA TROPHY & ENGRAVING AP ACH
627 $339.24 06/07/24 GRAINGER AP ACH
628 $4,256.47 06/07/24 JOHN GREEN TRUCKING AP ACH
629 $1,443.06 06/07/24 HACH COMPANY AP ACH630 $933.99 06/07/24 HOSE‐MAN, INC. AP ACH 631 $18,783.75 06/07/24 INLAND VALLEY HUMANE SOCIETY &AP ACH632 $203.78 06/07/24 LA VERNE POWER EQUIPMENT INC AP ACH 633 $600.00 06/07/24 GWEN LACOMBE AP ACH
634 $250.00 06/07/24 LIGHTNING OIL CO., INC. AP ACH
635 $675.00 06/07/24 ONWARD ENGINEERING AP ACH
636 $420.00 06/07/24 PASCO DOORS AP ACH
637 $998.20 06/07/24 PR DIAMOND PRODUCTS INC AP ACH
638 $2,650.00 06/07/24 PRIORITY LANDSCAPE SERVICES LLC AP ACH 639 $100.00 06/07/24 TONY'S AUTO REPAIR AP ACH
City of Glendora
Item #7. Page 7
Meeting Date: 7/9/2024 / Packet Page #: 32
640 $1,333.42 06/07/24 SPECIAL

T WATER SYSTEMS INC AP ACH
641 $694.60 06/07/24 STERICYCLE, INC. AP ACH
642 $270.00 06/07/24 THE SWEETEST DESIGNS LLC AP ACH
643 $30.00 06/07/24 THREE VALLEYS MUNICIPAL WATER AP ACH 644 $2,020.49 06/07/24 ULINE AP ACH645 $544.80 06/07/24 UNDERGROUND SERVICE ALERT/SC AP ACH 646 $595.29 06/07/24 UNITED RENTALS (NORTH AMERICA) AP ACH 647 $3,004.50 06/07/24 WATERWISE CONSULTING INC. AP ACH 648 $60,953.00 06/07/24 WEST COAST ARBORISTS, INC. AP ACH 649 $1,474.48 06/07/24 WESTERN WATER WORKS SUPPLY CO. AP ACH 116662 $11,053.32 06/07/24 A‐1 PARTY AP Printed116663 $29.88 06/07/24 AQUA‐METRIC SALES COMPANY AP Printed 116664 $45.19 06/07/24 AUTOZONE STORES INC AP Printed
116665 $825.89 06/07/24 AZUSA PLUMBING SUPPLY INC AP Printed 116666 $1,002.88 06/07/24 BAKER
& TAYLOR, INC. AP Printed
116667 $1,468.00 06/07/24 DEPARTMENT OF JUSTICE AP Printed 116668 $566.32 06/07/24 CLEAN SWEEP SUPPLY CO., INC. AP Printed 116669 $1,896.75 06/07/24 COMMERCIAL DOOR METAL SYSTEMS INC. AP Printed 116670 $17,460.00 06/07/24 DIVE/CORR, INC. AP Printed
116671 $659.30 06/07/24 J&J'S SPORTS
& TROPHIES AP Printed
116672 $22,195.79 06/07/24 GOLDEN METERS SERVICE INC. AP Printed 116673 $1,916.48 06/07/24 HILTI INC. AP Printed
116674 $683.14 06/07/24 HOLLIDAY ROCK CO., INC. AP Printed 116675 $2,627.90 06/07/24 INDEPENDENT CITIES ASSOCIATION AP Printed 116676 $10,211.25 06/07/24 JPW COMMUNICATIONS, INC AP Printed 116677 $7.52 06/07/24 LANGUAGE LINE SERVICES INC. AP Printed 116678 $5,135.45 06/07/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 116679 $10,000.00 06/07/24 LUCABELLA AP Printed116680 $839.18 06/07/24 M‐TECHS PRINTER REPAIR INC AP Printed 116681 $2,000.00 06/07/24 MEGAN KAYE AP Printed
116682 $70.00 06/07/24 MMASC AP Printed
116683 $50.00 06/07/24 MMASC AP Printed
116684 $183.96 06/07/24 NET TRANSCRIPTS INC AP Printed
116685 $137.46 06/07/24 O'REILLY AUTO PARTS AP Printed
Item #7. Page 8
Meeting Date: 7/9/2024 / Packet Page #: 33
116686 $319.56 06/07/24 OFFICE DEPOT AP Printed
116687 $591.95 06/07/24 OFFICE DEPOT AP Printed
116688 $87.10 06/07/24 Daniel LJ Fan AP Printed
116689 $160.00 06/07/24 Jacqueline Cutler AP Printed116690 $100.00 06/07/24 Jeffrey Anderson AP Printed 116691 $16,674.37 06/07/24 JUDE COLLINS AP Printed
116692 $435.00 06/07/24 Kari Roth AP Printed
116693 $165.00 06/07/24 Laura Cao AP Printed
116694 $150.00 06/07/24 Madison Viray AP Printed116695 $150.00 06/07/24 Megan Stone AP Printed116696 $164.47 06/07/24 PATRICIA COUCH AP Printed 116697 $1,110.88 06/07/24 Resources Recycling
& Recovery AP Printed
116698 $2,942.00 06/07/24 ORTCO INC. AP Printed
116699 $6,168.25 06/07/24 PR DIAMOND PRODUCTS INC AP Printed 116700 $700.00 06/07/24 RIGHT OF WAY, INC. AP Printed
116701 $450.00 06/07/24 PARTY XTREME AP Printed
116702 $300.00 06/07/24 SARAH KHWAJA AP Printed116703 $378.17 06/07/24 SECURITAS TECHNOLOGY CORP AP Printed 116704 $361.00 06/07/24 SECURITY PUBLIC STORAGE‐ AP Printed 116705 $1,200.00 06/07/24 PECK ROAD GRAVEL AP Printed116706 $4,054.46 06/07/24 SOCALGAS AP Printed116707 $3,860.59 06/07/24 SOUTHERN CALIFORNIA EDISON AP Printed 116708 $2,172.50 06/07/24 STETSON ENGINEERS INC. AP Printed 116709 $1,852.50 06/07/24 TIFFANY HERRMANN AP Printed
116710 $86,260.00 06/07/24 TKE ENGINEERING INC AP Printed 116711 $9,244.67 06/07/24 HAAKER EQUIPMENT COMPANY AP Printed 116712 $2,583.57 06/07/24 UNIFIRST CORPORATION AP Printed116713 $160.30 06/07/24 V &
V MANUFACTURING INC. AP Printed
116714 $1,970.80 06/07/24 VERIZON BUSINESS AP Printed
$621,144.70
Item #7. Page 9
Meeting Date: 7/9/2024 / Packet Page #: 34

CITY OF GLENDORA
CITY COUNCIL MEETING 7/9/2024
WARRANT REGISTER FOR 6/14/2024
GENERAL WARRANT REGISTER - FINANCE + - $
GENERAL WARRANT REGISTER - TYLER 522,416.86 $
PAYROLL EFT 740,396.55 $
TOTAL $ 1,262,813.41
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

CITY OF GLENDORA
CITY COUNCIL MEETING 7/9/2024
WARRANT REGISTER FOR 6/21/2024
GENERAL WARRANT REGISTER - FINANCE + - $
GENERAL WARRANT REGISTER - TYLER 1,332,536.94 $
PAYROLL EFT - $
TOTAL $ 1,332,536.94
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

Remaining four digits & subaccounts = Department and division. Below is the list of departments. # Department description # Department description
40xx LEGISLATIVE 60xx PLANNING, CRA, HOUSING
41xx EXECUTIVE 65xx PUBLIC WOKRS
42xx FINANCE 70xx LIBRARY
43xx NON‐DEPARTMENTAL 75xx COMMUNITY SERVICES
51xx PUBLIC SAFETY 99xx CAPITAL PORJECTS
“X” – Provides additional details of the division within the department Item #7. Page 14
Meeting Date: 7/9/2024 / Packet Page #: 39
Check Number Amount Check Date Payee Check Type
685 $2,329.44 06/21/24 88844MOTOR AP ACH686 $15,739.79 06/21/24 88844MOTOR AP ACH687 $2,758.90 06/21/24 AIR‐EX AIR CONDITIONING INC. AP ACH 688 $350.00 06/21/24 ALEXIS WINKLE AP ACH
689 $120.44 06/21/24 ALL CITY MANAGEMENT SERVICES INC AP ACH 690 $12,369.17 06/21/24 ALLSTATES MAILING SERVICES, INC AP ACH 691 $44.59 06/21/24 ALTA‐FOODCRAFT INC. AP ACH
692 $600.00 06/21/24 DF POLYGRAPH AP ACH693 $3,439.80 06/21/24 AQUA‐METRIC SALES COMPANY AP ACH 694 $4,050.00 06/21/24 ATHENS SERVICES AP ACH695 $8,029.75 06/21/24 ATHENS SERVICES AP ACH696 $7,200.00 06/21/24 AVID TRAILS LLC AP ACH 697 $377.99 06/21/24 BADGE FRAME, INC AP ACH
698 $2,349.10 06/21/24 BLACK AND WHITE EMERGENCY VEHICLES AP ACH 699 $299.82 06/21/24 BRODART COMPANY AP ACH700 $167.62 06/21/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 701 $1,999.90 06/21/24 COLLEY AUTO CARS INC AP ACH
702 $18,835.00 06/21/24 COMMONWEALTH LAND TITLE COMPANY AP ACH 703 $3,495.08 06/21/24 CONVERGINT TECHNOLOGIES LLC AP ACH 704 $2,312.50 06/21/24 CONVERSE CONSULTANTS AP ACH705 $7,808.50 06/21/24 CRAFTWATER ENGINEERING INC AP ACH 706 $16,117.07 06/21/24 CSG CONSULTANTS INC AP ACH707 $743.65 06/21/24 CUMMINS‐ALLISON CORP AP ACH 708 $4,436.00 06/21/24 DE NOVO PLANNING GROUP AP ACH
709 $16,998.33 06/21/24 DELL MARKETING L.P. AP ACH710 $1,902.50 06/21/24 TANGLED WEB SOLUTIONS AP ACH 711 $62.04 06/21/24 DOCU‐TRUST AP ACH
712 $892.84 06/21/24 DURHAM SCHOOL SERVICES, L.P. AP ACH 713 $1,035.92 06/21/24 E.J. WARD, INC. AP ACH
714 $176.40 06/21/24 EDMARK GRAPHICS INC. AP ACH715 $58.69 06/21/24 GALE/CENGAGE LEARNING AP ACH716 $4,447.50 06/21/24 GLENDORA AQUATICS INC AP ACH City of Glendora
Item #7. Page 15
Meeting Date: 7/9/2024 / Packet Page #: 40
717 $2,083.33 06/21/24 GLENDORA CHAMBER OF COMMERCE AP ACH 718 $118.96 06/21/24 GLENDORA TROPHY
& ENGRAVING AP ACH
719 $2,523.70 06/21/24 GRAINGER AP ACH720 $6,567.36 06/21/24 GRAINGER AP ACH721 $853.20 06/21/24 JOHN GREEN TRUCKING AP ACH 722 $1,293.75 06/21/24 H
& L CHARTER CO., INC. AP ACH
723 $438.52 06/21/24 HACH COMPANY AP ACH724 $1,096.20 06/21/24 MICHELLE HARRINGTON AP ACH 725 $19,769.29 06/21/24 HYLAND SOFTWARE INC AP ACH
726 $520.90 06/21/24 IMS REFRIGERATION INC. AP ACH727 $18,399.83 06/21/24 INFOSEND, INC. AP ACH 728 $26,293.06 06/21/24 INTER‐CON SECURITY SYSTEMS INC. AP ACH 729 $3,535.52 06/21/24 JANWAY COMPANY USA, INC. AP ACH730 $5,472.81 06/21/24 JMD AP ACH731 $21,992.78 06/21/24 JMD AP ACH732 $102.76 06/21/24 JOHNNY ALLEN TENNIS ACADEMY AP ACH 733 $8,047.50 06/21/24 JPW COMMUNICATIONS, INC AP ACH
734 $181.00 06/21/24 KANOPY AP ACH735 $1,250.00 06/21/24 KEENAN & ASSOCIATES AP ACH
736 $1,086.85 06/21/24 LA VERNE POWER EQUIPMENT INC AP ACH 737 $39,460.00 06/21/24 LANCE, SOLL
& LUNGHARD AP ACH
738 $1,000.00 06/21/24 LOUISE ERNESTINE CRISS BREWER AP ACH 739 $92,471.00 06/21/24 MARIPOSA LANDSCAPES, INC. AP ACH740 $138.69 06/21/24 MAVERICK DATA SYSTEMS AP ACH 741 $25,853.36 06/21/24 MERRIMAC ENERGY GROUP AP ACH
742 $379.67 06/21/24 KIMBALL MIDWEST AP ACH743 $4,825.50 06/21/24 MIDWEST TAPE LLC AP ACH 744 $169,994.95 06/21/24 MODEL 1 COMMERCIAL VEHICLES, INC. AP ACH 745 $2,009.00 06/21/24 NATIONAL TESTING NETWORK, INC. AP ACH 746 $28,443.27 06/21/24 NELSON/NYGAARD CONSULTING AP ACH747 $11,520.00 06/21/24 NOBEL SYSTEMS, INC. AP ACH 748 $868.93 06/21/24 OCLC INC. AP ACH749 $4,501.85 06/21/24 OCLC INC. AP ACH750 $3,250.00 06/21/24 OVERDRIVE, INC. AP ACH Item #7. Page 16
Meeting Date: 7/9/2024 / Packet Page #: 41
751 $1,389.09 06/21/24 OVERDRIVE, INC. AP ACH
752 $3,370.06 06/21/24 PINPOINT INDUSTRIES, INC. AP ACH 753 $14,151.45 06/21/24 PLACEWORKS AP ACH754 $387.50 06/21/24 PRESCREEN SOLUTIONS, INC AP ACH 755 $214.99 06/21/24 PRO PRINTING INC. AP ACH
756 $176.00 06/21/24 QUESTCDN AP ACH757 $786.17 06/21/24 GRAFIX SYSTEMS AP ACH758 $3,196.25 06/21/24 GENERAL TECHNOLOGIES& SOLUTIONS LLC AP ACH 759 $250.00 06/21/24 RENEE ANCHONDO AP ACH760 $1,373.00 06/21/24 Roadline Products AP ACH 761 $2,276.58 06/21/24 TONY'S AUTO REPAIR AP ACH762 $825.00 06/21/24 SAFE AND SOUND SECURITY INC AP ACH 763 $84,810.00 06/21/24 SDI PRESENCE LLC AP ACH
764 $345.05 06/21/24 SECTRAN SECURITY, INC. AP ACH
765 $814.54 06/21/24 SIKAND ENGINEERING ASSOCIATES AP ACH 766 $23.10 06/21/24 SPOK INC. AP ACH
767 $568.63 06/21/24 STERICYCLE, INC. AP ACH
768 $68,100.19 06/21/24 SUPERION LLC AP ACH
769 $1,584.00 06/21/24 THE YOGA DANCE CO. AP ACH770 $17,877.35 06/21/24 THREE VALLEYS MUNICIPAL WATER AP ACH 771 $10,551.25 06/21/24 TRANSTECH ENGINEERS, INC AP ACH 772 $44.00 06/21/24 TRAPEZE SOFTWARE GROUP INC AP ACH
773 $792.25 06/21/24 ULINE AP ACH774 $34,056.00 06/21/24 UNITED MAINTENANCE SYSTEMS AP ACH 775 $383.80 06/21/24 UNDERGROUND SERVICE ALERT/SC AP ACH 776 $1,699.49 06/21/24 UNITED RENTALS (NORTH AMERICA) AP ACH 777 $13,811.00 06/21/24 WEST COAST ARBORISTS, INC. AP ACH 778 $109.00 06/21/24 Y TIRE PERFORMANCE LLC AP ACH
779 $500.00 06/21/24 YWCA OF SAN GABRIEL VALLEY AP ACH
116896 $1,474.00 06/21/24 A‐1 PARTY AP Printed
116897 $540.00 06/21/24 ASSOCIATION OF BAY AREA GOVERNMENTS AP Printed 116898 $4,802.00 06/21/24 AMERICAN WATER WORKS ASSOCIATION AP Printed 116899 $7,879.20 06/21/24 TRIFYTT SPORTS LLC AP Printed116900 $1,200.00 06/21/24 JIM SEARING AP Printed Item #7. Page 17
Meeting Date: 7/9/2024 / Packet Page #: 42
116901 $1,092.00 06/21/24 MALISSA APODACA, INC AP Printed 116902 $3,675.00 06/21/24 MALISSA APODACA, INC AP Printed 116903 $132.57 06/21/24 AUTOZONE STORES INC AP Printed
116904 $4,630.00 06/21/24 BADAWI
& ASSOCIATES AP Printed
116905 $5,012.42 06/21/24 BAKER
& TAYLOR, INC. AP Printed
116906 $116,214.63 06/21/24 BIG BEN CONSTRUCTION AP Printed 116907 $300.00 06/21/24 THOMAS J. BROXTERMANN, PH.D. AP Printed116908 $30.00 06/21/24 BURRO CANYON SHOOTING PARK AP Printed 116909 $920.00 06/21/24 CALED AP Printed116910 $808.00 06/21/24 DEPARTMENT OF JUSTICE AP Printed 116911 $15,451.77 06/21/24 CHARTER OAK GYMNASTICS, INC. AP Printed 116912 $1,773.25 06/21/24 COMMERCIAL DOOR METAL SYSTEMS INC. AP Printed 116913 $2,184.00 06/21/24 CALIFORNIA YOUTH SPIRIT GROUP AP Printed 116914 $128.61 06/21/24 DBS BRAKE SUPPLY AP Printed
116915 $43.95 06/21/24 DOORKING INC AP Printed
116916 $11,276.87 06/21/24 EBSCO INFORMATION SERVICES AP Printed 116917 $4,145.89 06/21/24 ENDURA, LLC AP Printed
116918 $8,475.00 06/21/24 ARROYO BACKGROUND INVESTIGATIONS AP Printed 116919 $2,800.00 06/21/24 YOUNGBLOOD
& ASSOCIATES AP Printed
116920 $350.00 06/21/24 YOUNGBLOOD
& ASSOCIATES AP Printed
116921 $686.00 06/21/24 ESPERANZA FLORES DANCE GROUP AP Printed116922 $1,200.00 06/21/24 FORENSIC NURSE SPECIALISTS INC. AP Printed 116923 $712.64 06/21/24 FRONTIER AP Printed116924 $75.91 06/21/24 NAPA AUTO PARTS AP Printed 116925 $3,631.52 06/21/24 J&J'S SPORTS
& TROPHIES AP Printed
116926 $1,748.58 06/21/24 HOLLIDAY ROCK CO., INC. AP Printed 116927 $2,000.00 06/21/24 JAMES FERNANDO POU AP Printed 116928 $649.40 06/21/24 JANWAY COMPANY USA, INC. AP Printed 116929 $8,435.00 06/21/24 JOSE LUIS ZAVALA AP Printed116930 $120.00 06/21/24 KIWANIS CLUB OF GLENDORA AP Printed 116931 $401.74 06/21/24 LAW OFFICES OF JONES
& MAYER AP Printed
116932 $6,988.20 06/21/24 COUNTY OF LOS ANGELES AP Printed 116933 $958.69 06/21/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 116934 $2,318.73 06/21/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed Item #7. Page 18
Meeting Date: 7/9/2024 / Packet Page #: 43
116935 $716.80 06/21/24 LA COUNTY SHERIFF'S DEPT AP Printed 116936 $678.04 06/21/24 S
& S TROPHY AND ENGRAVING AP Printed
116937 $77,823.00 06/21/24 MARIPOSA LANDSCAPES, INC. AP Printed116938 $127.00 06/21/24 CONCENTRA MEDICAL CENTERS AP Printed 116939 $907.21 06/21/24 OFFICE DEPOT AP Printed
116940 $142.56 06/21/24 LIAA PHILLIPS AP Printed
116941 $300.00 06/21/24 Alexandra Garcia AP Printed
116942 $97.35 06/21/24 ALONZO QUINTANA AP Printed116943 $19.99 06/21/24 Andrea Zaldivar AP Printed116944 $44.80 06/21/24 BREANNA VELASCO AP Printed 116945 $21.56 06/21/24 CAROLYN
M MARTINEZ AP Printed
116946 $41.55 06/21/24 CARRIE ELSER AP Printed116947 $123.46 06/21/24 CARY CAMPO AP Printed116948 $100.00 06/21/24 Chris Thompson AP Printed 116949 $20.27 06/21/24 CINDY CUTLER AP Printed
116950 $72.87 06/21/24 DAVID COLLARD AP Printed116951 $48.52 06/21/24 DIONNE BARAJAS AP Printed 116952 $2,759.04 06/21/24 GRADY CONSTRUCTION AP Printed116953 $45.94 06/21/24 JAIME A MALDONADO AP Printed
116954 $15.06 06/21/24 JOSE MURILLO AP Printed116955 $81.31 06/21/24 JOSHUA SHURLEY AP Printed 116956 $146.71 06/21/24 JOYCE WOHLER AP Printed
116957 $18.36 06/21/24 KRISTEL STERLING AP Printed
116958 $68.11 06/21/24 KRISTI CHORICH AP Printed116959 $9.48 06/21/24 LAURALEE GARRIGUE AP Printed116960 $18.85 06/21/24 LILI PENG AP Printed 116961 $14.95 06/21/24 Linda Scolinos AP Printed116962 $198.23 06/21/24 MARIA T MUNOZ AP Printed
116963 $2,895.36 06/21/24 MATT BEGIN CONSTRUCTION INC AP Printed 116964 $76.18 06/21/24 MATT PERRILL AP Printed116965 $15.00 06/21/24 Mike Lally AP Printed116966 $120.03 06/21/24 PEGGY CULLIVAN AP Printed 116967 $300.00 06/21/24 Rosa B. Duran AP Printed
116968 $11.82 06/21/24 SAMANTHA GOVEA AP Printed
Item #7. Page 19
Meeting Date: 7/9/2024 / Packet Page #: 44
116969 $999.08 06/21/24 Sarah Yuan AP Printed
116970 $250.00 06/21/24 Sessaly Dale AP Printed
116971 $83.59 06/21/24 SHIRTS YOU CAN BUY LLC AP Printed 116972 $150.00 06/21/24 Soo Kyung Kim AP Printed
116973 $155.34 06/21/24 SU HUA TSAI AP Printed
116974 $150.00 06/21/24 Van
Q Hang AP Printed
116975 $158.58 06/21/24 WEI GUO AP Printed
116976 $41.38 06/21/24 YAN FENG AP Printed116977 $89.19 06/21/24 YI LUO AP Printed 116978 $1,465.72 06/21/24 PITNEY BOWES POSTAGE BY PHONE AP Printed 116979 $1,454.15 06/21/24 CITY OF POMONA AP Printed
116980 $837.80 06/21/24 RIGHT OF WAY, INC. AP Printed
116981 $991.00 06/21/24 ROUTE 66 CAR WASH INC. AP Printed 116982 $3,784.49 06/21/24 SAN DIEGO POLICE EQUIPMENT CO INC AP Printed 116983 $1,936.00 06/21/24 SAN GABRIEL VALLEY EXAMINER AP Printed 116984 $850.00 06/21/24 SAN GABRIEL VALLEY EXAMINER AP Printed 116985 $916.75 06/21/24 THE SAUCE CREATIVE SERVICES AP Printed 116986 $1,270.00 06/21/24 SCMAF AP Printed116987 $19,956.27 06/21/24 SERVPRO OF GLENDORA/SAN DIMAS AP Printed 116988 $347.18 06/21/24 SHRED‐IT USA AP Printed
116989 $845.76 06/21/24 SOCALGAS AP Printed116990 $800.54 06/21/24 SOUTHEAST CONSTRUCTION AP Printed116991 $43,887.75 06/21/24 SOUTHERN CALIFORNIA EDISON AP Printed 116992 $1,070.39 06/21/24 SPARKLETTS AP Printed
116993 $1,483.97 06/21/24 SPRAGUES READY MIX AP Printed 116994 $270.67 06/21/24 STATE CONTROLLER'S OFFICE AP Printed 116995 $300.00 06/21/24 BADGE BEHAVIOR AP Printed
116996 $1,470.00 06/21/24 PLAY‐WELL TEKNOLOGIES AP Printed116997 $1,720.00 06/21/24 TKE ENGINEERING INC AP Printed 116998 $56.00 06/21/24 TOP BILLING ENTERTAINMENT AP Printed116999 $1,275.00 06/21/24 US BANK AP Printed 117000 $1,096.53 06/21/24 UNIFIRST CORPORATION AP Printed117001 $104.55 06/21/24 UNITED SITE SERVICES OF CA, INC. AP Printed 117002 $215.92 06/21/24 V
&
V MANUFACTURING INC. AP Printed
Item #7. Page 20
Meeting Date: 7/9/2024 / Packet Page #: 45
117003 $2,235.78 06/21/24 VANGUARD IDENTIFICATION SYSTEM INC. AP Printed 117004 $1,970.80 06/21/24 VERIZON BUSINESS AP Printed
117005 $9,127.58 06/21/24 VERIZON WIRELESS AP Printed
117006 $102.53 06/21/24 TAS AP Printed
117007 $450.23 06/21/24 VULCAN MATERIALS COMPANY AP Printed 117008 $238.26 06/21/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 117009 $2,225.57 06/21/24 Y TIRE SALES AP Printed
$1,332,536.94
Item #7. Page 21
Meeting Date: 7/9/2024 / Packet Page #: 46

CITY OF GLENDORA
CITY COUNCIL MEETING 7/9/2024
WARRANT REGISTER FOR 6/28/2024
GENERAL WARRANT REGISTER - FINANCE + 727,359.89 $
GENERAL WARRANT REGISTER - TYLER 1,433,468.05 $
PAYROLL EFT 884,550.49 $
TOTAL $ 3,045,378.43
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT 10001 V8483 06/28/24 2392 AFLAC - GROUP 970 AFLAC INS GP 05/24 0.00 3,292.26 10001 V8484 06/28/24 2392 AFLAC - INDIV 970 AFLAC INS IP 05/24 0.00 2,554.36 10001 V8485 06/28/24 1113 AFSCME DISTRICT COUNCIL 970 AFSCME DUES 0.00 1,562.88 10001 V8486 06/28/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES 0.00 173,974.01 10001 V8487 06/28/24 1110 CA.PUBLIC EMPLOYEES RETI 970 PERS RETIREMENT 06/09 0.00 181,633.91 10001 V8488 06/28/24 8238 DANA SIMPSON 970 SPOUSAL SUPPORT 0.00 100.00 10001 V8489 06/28/24 1112 GLENDORA CITY EMPLOYEE A 970 EMPLOYEE SOCIAL GROUP 0.00 710.00 10001 V8490 06/28/24 1115 GLENDORA MANAGEMENT ASSO 970 GMA DUES 0.00 470.00 10001 V8491 06/28/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 438.00 10001 V8491 06/28/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 162.00 TOTAL CHECK 0.00 600.00
10001 V8492 06/28/24 4133 HEALTH EQUITY 970 HSA WITH HDHP 0.00 340.92 10001 V8493 06/28/24 7369 MIDAMERICA ADMIN&RETIRE 970 EXEC MGMT - HRA 0.00 500.00 10001 V8494 06/28/24 7369 MIDAMERICA ADMIN&RETIRE 970 PART TIME RETIREMENT 0.00 4,450.30 10001 V8495 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 NWD 457 CITY 0.00 17,148.39 10001 V8495 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 NATIONWIDE 457 0.00 31,259.28 10001 V8495 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 NWD 457 ROTH 0.00 1,762.35 10001 V8495 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 EXEC 401A PLAN 0.00 2,916.37 10001 V8495 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 NWD 457 ROTH CT 0.00 212.50 TOTAL CHECK 0.00 53,298.89
10001 V8496 06/28/24 1116 POLICE ASSOCIATION 970 ASSOC MBR 0.00 75.00 10001 V8496 06/28/24 1116 POLICE ASSOCIATION 970 POA/ASSOC DUES 0.00 3,475.00 TOTAL CHECK 0.00 3,550.00
10001 V8497 06/28/24 1119 STATE DISBURSEMENT UNIT 970 WAGE GARNISHMENTCH/SU 0.00 997.71 10001 V8498 06/28/24 8120 TRUSTMARK VOLUNTARY BENE 970 LONG TERM CARE 0.00 987.04 10001 V8499 06/28/24 4133 WAGEWORKS, INC. 970 DEPEND CARE REIMBURSE 0.00 776.13 10001 V8499 06/28/24 4133 WAGEWORKS, INC. 970 FSA MEDICAL REIMBURSE 0.00 2,070.74 TOTAL CHECK 0.00 2,846.87
10001 V8500 06/28/24 1113 AFSCME DISTRICT COUNCIL 970 AFSCME DUES 0.00 1,562.88 10001 V8501 06/28/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES 06/27 0.00 1,503.34 10001 V8501 06/28/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES 06/23 0.00 212,214.59 TOTAL CHECK 0.00 213,717.93
10001 V8502 06/28/24 8238 DANA SIMPSON 970 SPOUSAL SUPPORT 0.00 100.00 Item #7. Page 23
Meeting Date: 7/9/2024 / Packet Page #: 48
SUNGARD PENTAMATION PAGE NUMBER: 2
DATE: 07/01/2024 CITY OF GLENDORA ACCTPA21
TIME: 09:28:51 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date='20240628 00:00:00.000' ACCOUNTING PERIOD: 12/24
FUND - 972 - AP DISBURSEMENT FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT 10001 V8503 06/28/24 1112 GLENDORA CITY EMPLOYEE A 970 EMPLOYEE SOCIAL GROUP 0.00 720.00 10001 V8504 06/28/24 1115 GLENDORA MANAGEMENT ASSO 970 GMA DUES 0.00 430.00 10001 V8505 06/28/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 438.00 10001 V8505 06/28/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 162.00 TOTAL CHECK 0.00 600.00
10001 V8506 06/28/24 4133 HEALTH EQUITY 970 HSA WITH HDHP 0.00 322.92 10001 V8507 06/28/24 7369 MIDAMERICA ADMIN&RETIRE 970 EXEC MGMT - HRA 0.00 500.00 10001 V8508 06/28/24 7369 MIDAMERICA ADMIN&RETIRE 970 PART TIME RETIREMENT 0.00 5,440.34 10001 V8509 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 457 EXCESS FLEX CITY 0.00 16,750.63 10001 V8509 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 NATWIDE457 0.00 42,994.32 10001 V8509 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 EXEC 401A PLAN 0.00 1,250.01 10001 V8509 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 NWD 457 ROTH CT 0.00 212.50 10001 V8509 06/28/24 5012 NATIONWIDE RETIREMENT SO 970 NATIONWIDE 457 ROTH 0.00 1,762.35 TOTAL CHECK 0.00 62,969.81
10001 V8510 06/28/24 1116 POLICE ASSOCIATION 970 POA/ASSOC DUES 0.00 3,475.00 10001 V8510 06/28/24 1116 POLICE ASSOCIATION 970 POA ASSOC MBR 0.00 75.00 TOTAL CHECK 0.00 3,550.00
10001 V8511 06/28/24 1119 STATE DISBURSEMENT UNIT 970 WAGE GARN CHILD SUPPO 0.00 997.71 10001 V8512 06/28/24 8120 TRUSTMARK VOLUNTARY BENE 970 LONG TERM CARE 0.00 987.04 10001 V8513 06/28/24 4133 WAGEWORKS 970 FSA & MTHLY FEE 0.00 282.00 10001 V8514 06/28/24 4133 WAGEWORKS, INC. 970 FSA MEDICAL REIMBURSE 0.00 2,162.98 10001 V8514 06/28/24 4133 WAGEWORKS, INC. 970 DEPEND CARE REIMBURSE 0.00 776.13 TOTAL CHECK 0.00 2,939.11
10001 111676 06/28/24 1835 FRANCHISE TAX BOARD 970 WAGE GARNISHMENT TAX 0.00 50.00 10001 111677 06/28/24 8165 NATIONWIDE 970 PET INSURANCE 0.00 158.42 10001 111678 06/28/24 1835 FRANCHISE TAX BOARD 970 WAGE GARNISHMENT TAX 0.00 50.00 10001 111679 06/28/24 8165 NATIONWIDE 970 PET INSURANCE 0.00 112.58 TOTAL CASH ACCOUNT 0.00 727,359.89
TOTAL FUND 0.00 727,359.89
TOTAL REPORT 0.00 727,359.89
Item #7. Page 24
Meeting Date: 7/9/2024 / Packet Page #: 49
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 06/27/2024 CITY OF GLENDORA VENCHK11
TIME: 14:36:23 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 12/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 208.42
TOTAL REPORT 208.42
Item #7. Page 25
Meeting Date: 7/9/2024 / Packet Page #: 50
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 06/27/2024 CITY OF GLENDORA VENCHK11
TIME: 14:49:35 CHECK AND VOUCHER REGISTER - FUND TOTALS ACCOUNTING PERIOD: 12/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 431,869.15
TOTAL REPORT 431,869.15
Item #7. Page 26
Meeting Date: 7/9/2024 / Packet Page #: 51
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 06/28/2024 CITY OF GLENDORA VENCHK11
TIME: 08:30:32 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 12/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 162.58
TOTAL REPORT 162.58
Item #7. Page 27
Meeting Date: 7/9/2024 / Packet Page #: 52
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 06/28/2024 CITY OF GLENDORA VENCHK11
TIME: 08:45:11 CHECK AND VOUCHER REGISTER - FUND TOTALS ACCOUNTING PERIOD: 12/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 295,119.74
TOTAL REPORT 295,119.74
Item #7. Page 28
Meeting Date: 7/9/2024 / Packet Page #: 53
Check Number Amount Check Date Payee Check Type
780 $3,552.77 06/28/24 88844MOTOR AP ACH781 $1,725.04 06/28/24 BLACK AND WHITE EMERGENCY VEHICLES AP ACH 782 $3,114.91 06/28/24 CALIFA GROUP AP ACH
783 $415.68 06/28/24 CLEAN SWEEP SUPPLY CO., INC. AP ACH 784 $1,950.00 06/28/24 CLINICAL LAB OF SAN BERNARDINO AP ACH 785 $1,487.08 06/28/24 COLLEY AUTO CARS INC AP ACH
786 $28,117.91 06/28/24 CSG CONSULTANTS INC AP ACH787 $12,005.45 06/28/24 DELL MARKETING L.P. AP ACH 788 $8,928.40 06/28/24 DURHAM SCHOOL SERVICES, L.P. AP ACH 789 $44.10 06/28/24 EDMARK GRAPHICS INC. AP ACH790 $14,760.00 06/28/24 GLENDORA AQUATICS INC AP ACH 791 $47.96 06/28/24 GLENDORA TROPHY & ENGRAVING AP ACH
792 $1,315.21 06/28/24 GRAINGER AP ACH
793 $495.64 06/28/24 HACH COMPANY AP ACH794 $289.00 06/28/24 HIGH SPEED PLUMBING, INC. AP ACH 795 $580.98 06/28/24 LA VERNE POWER EQUIPMENT INC AP ACH 796 $77.69 06/28/24 MIDWEST TAPE LLC AP ACH
797 $37,413.75 06/28/24 ONWARD ENGINEERING AP ACH
798 $700.00 06/28/24 PRIORITY LANDSCAPE SERVICES LLC AP ACH 799 $1,600.00 06/28/24 QUALITY PUMPING SERVICES INC AP ACH800 $68,720.00 06/28/24 GENERAL TECHNOLOGIES& SOLUTIONS LLC AP ACH 801 $2,205.32 06/28/24 TONY'S AUTO REPAIR AP ACH802 $263.44 06/28/24 SANDERS LOCK & KEY, INC. AP ACH 803 $2,100.00 06/28/24 SIERRA ENGINEERING SERVICES AP ACH 804 $3,907.50 06/28/24 R&R CUSTOM SIGNS AP ACH
805 $233.45 06/28/24 R&R CUSTOM SIGNS AP ACH
806 $1,300.00 06/28/24 STREAMLINE CORP. AP ACH
807 $7,205.00 06/28/24 TRANSTECH ENGINEERS, INC AP ACH
808 $270.00 06/28/24 TRI‐XECUTEX CORPORATION AP ACH
809 $6,648.00 06/28/24 WEST COAST ARBORISTS, INC. AP ACH 810 $16,259.78 06/28/24 WESTERN WATER WORKS SUPPLY CO. AP ACH 117010 $11,331.60 06/28/24 ALESHIRE & WYNDER, LLP AP Printed City of Glendora
Item #7. Page 29
Meeting Date: 7/9/2024 / Packet Page #: 54
117011 $648.91 06/28/24 AT&T AP Printed
117012 $769.25 06/28/24 AUTOZONE STORES INC AP Printed
117013 $215.27 06/28/24 BIBLIOTHECA LLC AP Printed
117014 $9,190.90 06/28/24 C.M. LYNGLE & SONS, INC. DBA LBI BOYD AP Printed 117015 $6,100.00 06/28/24 CALIFORNIA CONTRACT CITIES AP Printed 117016 $350.54 06/28/24 CLEAN SWEEP SUPPLY CO., INC. AP Printed 117017 $2,787.82 06/28/24 DAVE BANG ASSOCIATES, INC. AP Printed 117018 $133.78 06/28/24 FRONTIER AP Printed117019 $198.44 06/28/24 NAPA AUTO PARTS AP Printed117020 $3,720.99 06/28/24 GEO PLASTICS AP Printed 117021 $619.61 06/28/24 GEORGE'S GRAPHICS AP Printed
117022 $500.00 06/28/24 GINO MUNOZ PRODUCTIONS AP Printed 117023 $1,666.66 06/28/24 GLENDORA AFTER STROKE CENTER AP Printed 117024 $2,595.79 06/28/24 GOLDEN METERS SERVICE INC. AP Printed 117025 $341.57 06/28/24 HOLLIDAY ROCK CO., INC. AP Printed 117026 $1,540.43 06/28/24 INLAND EMPIRE STAGES, LTD. AP Printed 117027 $1,074.76 06/28/24 COUNTY OF LOS ANGELES C/O AUDITOR CONTROLLER AP Printed 117028 $3,084.42 06/28/24 COUNTY OF LOS ANGELES AP Printed 117029 $1,966.86 06/28/24 ATHACO, INC AP Printed117030 $61.72 06/28/24 O'REILLY AUTO PARTS AP Printed 117031 $6,838.50 06/28/24 OCCU‐MED, LTD AP Printed
117032 $122.76 06/28/24 OFFICE DEPOT AP Printed
117033 $84.59 06/28/24 ALFONSO ROMO AP Printed
117034 $124.85 06/28/24 CHERISH GONZALES AP Printed117035 $1,020.03 06/28/24 ENRIQUE VELEZ JR AP Printed 117036 $109.72 06/28/24 JENNIFER TELLESON AP Printed117037 $32.79 06/28/24 JODY FERNANDO AP Printed 117038 $48.04 06/28/24 JOSEPH SHESKEY AP Printed
117039 $7.70 06/28/24 KACIE GEIBEL AP Printed117040 $697.89 06/28/24 LA COUNTY PUBLIC WORKS ‐ SWMD AP Printed 117041 $91.43 06/28/24 NATHAN A SONNE RICE AP Printed
117042 $300.00 06/28/24 Tatiana Robles AP Printed
117043 $10.74 06/28/24 VICTOR ANTHONY GOMEZ AP Printed
117044 $300.00 06/28/24 Viviana Fregoso AP Printed
Item #7. Page 30
Meeting Date: 7/9/2024 / Packet Page #: 55
117045 $19.18 06/28/24 WILLIAM LYON HOMES INC AP Printed 117046 $14.38 06/28/24 WILLIAM LYON HOMES INC AP Printed 117047 $90.24 06/28/24 WILLIAM LYON HOMES INC AP Printed 117048 $1,158.61 06/28/24 POLLARD WATER AP Printed
117049 $118.63 06/28/24 REYNOLDS MOTOR CORP. AP Printed 117050 $218.30 06/28/24 RIGHT OF WAY, INC. AP Printed
117051 $2,650.00 06/28/24 SAN GABRIEL VALLEY EXAMINER AP Printed 117052 $2,240.00 06/28/24 PECK ROAD GRAVEL AP Printed117053 $932.87 06/28/24 SOUTHEAST CONSTRUCTION AP Printed117054 $28,093.29 06/28/24 SOUTHERN CALIFORNIA EDISON AP Printed 117055 $1,844.48 06/28/24 SPRAGUES READY MIX AP Printed 117056 $1,103,439.10 06/28/24 STEPHEN DORECK EQUIPMENT AP Printed 117057 $2,720.00 06/28/24 TUCKER TOURS, LLC AP Printed
117058 $337.10 06/28/24 UNIFIRST CORPORATION AP Printed 117059 $218.63 06/28/24 VULCAN MATERIALS COMPANY AP Printed 117060 $1,161.82 06/28/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 117061 $1,600.00 06/28/24 CITY OF WHITTIER AP Printed
117062 $189.00 06/28/24 Y TIRE SALES AP Printed
$1,433,468.05
Item #7. Page 31
Meeting Date: 7/9/2024 / Packet Page #: 56

STAFF REPORT
To: Mayor and Council Members Date: July 9, 2024
From: Recreation and Human Services District(s): Citywide Subject: Consideration of a Resolution Amending the Rules and Protocols for the Conduct of Public Meetings to Modify the Frequency of Community Services Commission Meetings

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION AMENDING THE RULES AND

PROTOCOLS FOR THE CONDUCT OF PUBLIC MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTIONS CC-2024-21 OR ANY RESOLUTION IN CONFLICT OR INCONSISTENT HEREWITH.”

STRATEGIC FOCUS AREAS
Not Applicable.

EXECUTIVE SUMMARY
According to Glendora Municipal Code (GMC) Section 2.18.020(b), the schedule and location for regular meetings are defined. Presently, meetings of the Community Services Commission occur at 7:00pm on the third Thursday of every month.

At the City Council meeting on June 25, 2024, the Council unanimously decided to adjust the regular meeting schedule of the Community Services Commission. Going forward, the Commission will convene at 6:00pm bi-monthly, specifically in odd-numbered months.

The changes outlined in the proposed resolution will help enact these changes. Commissioners agreed that holding fewer, yet more detailed meetings would enhance productivity and insight, especially with a more extensive agenda. Additionally, if there is a need to address urgent matters, arranging special Commission meetings can be easily accommodated.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Glendora Municipal Code (GMC) Section 2.18.020(b) establishes the time and place for holding regular meetings. Currently, the Community Services Commission meetings are held on the third Thursday of each month at 7:00pm.

On May 16, 2024, the Community Services Commission (Commission) discussed the potential for adjustments to scheduling the frequency and timing of Commission meetings. Following a unanimous agreement, the Commission recommended to the City Council to change the Commission’s regularly scheduled meetings from 7:00pm once per month, to 6:00pm every other month on odd-numbered months.

On May 28, 2024, the City Council considered the Commission’s recommendation alongside a report on its Public Meetings Rules and Protocols. The City Council unanimously approved the request to change the start time of meetings from 7:00pm to 6:00pm; however, in relation to the frequency of meetings, they requested further information regarding the role and authority of the Community Services Commission to Item #8. Page 1
Meeting Date: 7/9/2024 / Packet Page #: 57
Staff Report Page 2 of 2
better understand their responsibilities and purpose in the community.

On June 25, 2024, staff presented a comprehensive review of the duties and authorities of the Community Services Commission, along with revisiting the initially proposed request to change the frequency in which regularly scheduled meetings occur from once a month to the third Thursday of odd number months. The City Council unanimously voted to alter the regular meeting schedule of the Community Services Commission.

DISCUSSION
Glendora Municipal Code (GMC) Section 2.18.020(b) establishes the time and place for holding regular meetings. Currently, the Community Services Commission meetings are held on the third Thursday of each month. A complete review of the Glendora Public Meeting rules and protocols for conducting public meetings was conducted on May 16, 2024, resulting in the adoption of Resolution CC-2024-21.

In the past year, staff have conducted research on the frequency of significant agenda items presented at Commission meetings, typically ranging from 3 to 5 items per month. During the Commission’s initial deliberation on meeting frequency, it was suggested that this adjustment, reducing the current 12 meetings per year, would enhance the efficiency for both staff and Commissioners. Each session would encompass 5-9 agenda items, fostering more substantial and informative discussions.

Staff has asked for the adoption of the proposed resolution to modify the frequency of the regularly scheduled Community Services Commission.

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

ENVIRONMENTAL DETERMINATION
There is no CEQA impact associated with the recommendation in this report.

Prepared By Megan Stone, Administrative Assistant
Concurs With Not Applicable
Reviewed By John Aguirre, Recreation and Human Services Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Resolution
Item #8. Page 2
Meeting Date: 7/9/2024 / Packet Page #: 58
RESOLUTION CC 2024-____

A RESOLUTION AMENDING THE RULES AND PROTOCOLS FOR THE

CONDUCT OF PUBLIC MEETINGS, PROCEEDINGS AND BUSINESS
AND REPEALING RESOLUTIONS CC 2024-21 OR ANY RESOLUTION

IN CONFLICT OR INCONSISTENT HEREWITH

CITY COUNCIL
City of Glendora, California
SECTION 1. The City Council of the City of Glendora does hereby adopt and establish the following rules for the conduct of public meetings, proceedings, and business in the City of Glendora, as authorized by Government Code § 54954.3(b).

SECTION 2. The City Council of the City of Glendora does hereby ordain and establish that all Glendora Public Meetings will follow and comply with open meeting laws, pursuant to the Ralph M. Brown Act, Government Code § 54950 et seq. (“Brown Act”).

SECTION 3. The City Council of the City of Glendora does hereby adopt by reference the Rosenberg’s Rules of Order as the rules of procedure that shall govern all Glendora Public Meetings, except as may otherwise be provided in this Resolution, which may be amended from time-to-time.

SECTION 4. No action, inaction, or recommendation by the City of Glendora or its City Council or any of its legislative bodies or officials on any matter shall be held invalid or set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, error) as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure, unless a court of competent jurisdiction finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown. This section satisfies and complies with the requirements of Government Code § 65010 of the State of California.

ARTICLE I: MEETINGS
The City Council of the City of Glendora (“City”) has ordained and established that all Glendora Public Meetings will follow and comply with the open meeting laws, established under the Brown Act.

A. Regular Meetings. All meetings of the City shall be conducted in the Council Chambers in the City Hall of the City of Glendora located at 116 E. Foothill Blvd., Glendora, California, or at such other place as the City Manager may from time to time prescribe provided the same is/are located in Glendora. Under the Brown Act, regular meeting agendas must be posted 72 hours prior to the meeting in locations freely accessible to the public and on the City’s website.

Item #8. Page 3
Meeting Date: 7/9/2024 / Packet Page #: 59
Resolution CC 2024-___ Page 2 of 10
Governing Board Meeting Date Meeting
Time
Authority
Business Improvement District (BID) 1st Thursday each month 8:30 am CC 2018-57 Board of Library Trustees 3rd Monday each month 7:00 pm CC 2018-57 City Council 2nd & 4th Tuesday each month GMC 2.04.010
Closed Session 5:00 pm
Business Session 7:00 pm
Community Services Commission 3rd Thursday of each odd month 6:00 pm CC 2024-21_ Planning Commission 1st Tuesday each month 7:00 pm CC 2018-57 Water Commission 4th Thursday of month of
January, April, July, and October
6:00 pm CC 2018-57
B. Special Meetings. A “Special Meeting” may be called at any time by the Presiding Officer or by a majority of the members of the governing body (per Glendora Municipal Code (“GMC”) Section 2.04.020). No business other than that officially noticed may be discussed at such Special Meeting. Under the Brown Act, Special Meeting agendas have additional noticing requirements and must be posted 24 hours prior to the meeting in locations freely accessible to the public and on the City’s website. Special Meetings under the Brown Act can include a workshop, townhall and/or study sessions or any other meeting called by a governing body to discuss discrete items listed on the agenda.

C. Adjourned Meetings. Any meeting may be adjourned to any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members of the governing body are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place.

D. Emergency Meetings. The notice requirements for a Special Meeting may be dispensed with under the following emergency conditions:

1. Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the CityCouncil.

2. A crippling disaster which impairs public health, safety, or both, as determined by a majority of the City Council.

In these circumstances, the President Officer, or their designee, must notify the previously designated parties for a Special Meeting and comply with the provision of Government Code § 54956.5 and GMC Chapter 11 Emergency Preparedness.

However, only one hour's notice given by telephone is necessary.

E. Closed Sessions. A City governing body may hold closed sessions during a regular or Special Meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by state law to hear or consider in closed sessions, and may exclude from any such closed session any person or persons which it is authorized by state law to exclude from such closed sessions. Under normal circumstances, a closed session will be agendized as noted in Article II entitled Order of Business.

F. Cancellation. Any meeting of a governing body may be canceled in advance by a majority vote of the governing body. The Presiding Officer may cancel a meeting in Item #8. Page 4
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the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.

G. Presiding Officer. The Mayor shall serve as the “Presiding Officer” and preside over public meetings of the City Council. In their absence, the Mayor Pro Tern shall serve as Presiding Officer.

List of Presiding Officer and backup for each governing board:

Governing Board Presiding
Officer
Serves in absence of
Presiding Officer
Business Improvement District (BID) Chair Vice-Chair
Board of Library Trustees President Vice-President
City Council Mayor/Chair Mayor Pro Tem/Vice-Chair
Community Services Commission Chair Vice-Chair
Planning Commission Chair Vice-Chair
Water Commission Chair Vice-Chair
I. Attendance by the Public. Except as specifically provided by law for closed sessions, all meetings of a City governing body shall be open and public and otherwise comply with the Brown Act. All persons desiring to attend shall be permitted to attend any meeting. Virtual participation will be available on other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

In the event any meeting is willfully and persistently disrupted by an individual, group, or groups of persons so as to render the orderly conduct of the meeting infeasible, and order cannot be restored by removal of the offending individual or individuals, the City Council (or other applicable governing body) may order the meeting room cleared and continue in session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such meeting.

J. Public Participation. Any person may request to address a governing body during a public meeting by submitting to the City Clerk a speakers request form and stating the topic to be addressed. Speakers request forms shall be available at the City Council Chambers throughout the applicable governing body meeting. To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method authorized by state law or under the GMC. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation. A majority of a governing body, if it so desires, has the opportunity to request a separate and/or additional public comment period for any item listed on the agenda, with a motion and a second by applicable members of the governing body.

Under the agenda item, "Public Comment", the Presiding Officer may recognize any person desiring to address the governing body concerning any subsequent item calendared for action or discussion at that meeting or on any matter within the jurisdiction of the governing body. Public comment is limited to 30 minutes at each meeting, with the ability to extend Item #8. Page 5
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if the governing body chooses by majority vote. Public comment shall conform to the following protocol:

1. Any person requesting to speak shall be limited to three (3) minutes, speaking once, on both on- and off- agenda items, unless such time period is extended subject to a motion and approval by the majority of the governing body. Such statements shall only be allowed during the Public Comment portion of the agenda, unless at a public hearing or unless a person is specifically recognized to speak by the Presiding Officer.

2. Speakers are not permitted to yield their time to another speaker.

3. Any person addressing a governing body may question or criticize any policy, procedure, or service of the City, any act or omission of the governing body or any statements or actions of any individual member of a governing body, provided however that the right to question such policies, procedures, services, statements, acts or omissions does not convey upon the speaker the right to make defamatory or obscene remarks directed toward any individual member of a governing body, City employee or private citizen, nor does it allow the speaker to address matters beyond the subject matter jurisdiction of the specific governing body. Those willfully disrupting the orderly conduct of business by violating this provision may forthwith be barred by the Presiding Officer from further appearance before the governing body during that meeting.

4. Any person given permission to address a governing body may, if desired, state their name, who they represent, if they represent other persons and the subject matter they wish to discuss.

5. All remarks may be addressed to the entire governing body or to any member thereof.

Questions asked of any individual member of such governing body, or a member of the staff may or may not be responded to at the discretion of the Presiding Officer or of member of the governing body.

6. No person returning to their seat shall be allowed to speak again without the approval of the Presiding Officer.

Notwithstanding the provisions of Subsection 1 herein, any person may be recognized for public input on any matter at any time during the meeting upon adoption of a motion by a member of the governing body recognizing the person and identifying the subject matter.

7. Any person attending any meeting of any governing body may record the proceedings of the meeting with an audio or video tape recorder or with a still or motion picture camera provided that such devices are operated in a non-disruptive manner. Upon determining that recording or photographing a particular meeting is disruptive or creates a disturbance by virtue of excessive noise or light or by disrupting the view of the governing body or of members of the public, the Presiding Officer, in their discretion, may order the suspension of recording or photography for the remainder of that meeting.

Item #8. Page 6
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8. Any person in attendance may address a governing body during a public hearing, subject to the provisions of Article IV hereof. Persons addressing the governing body at any time shall, if desired, state their name and direct their comments to the Presiding Officer and not to the staff, media representatives or the audience. Persons in attendance shall not speak upon any subject except as is otherwise provided in this Section or in Article IV.

K. Council or Other Body Agenda Items. These matters must be placed on the agenda in advance of the applicable meeting in order for the Council or other applicable City governing body to hear and consider such matters. Matters considered under governing body agenda items are actions requested by two members of any governing body.

L. Council/Member Statements. Any Council Member or member of a convened governing body in the meeting shall be allowed to bring up any matter of relevance to the body without the necessity of requiring action on such matter. Council Member reports regarding regional and local representation should occur under this section. The subject matter of these items need not be submitted prior to a City Council or other governing body meeting.

M. City Manager and City Attorney Statements or Director and Staff Liaison. Statements and/or requests from City Manager and City Attorney relating to actions being considered by the governing body, or that falls within the jurisdiction of the City of Glendora, or is of interest to the governing body and/or the community generally.

O. Agenda. The agenda, in its simplest form, sets out the list of items that the governing body intends to consider at the meeting. Before each meeting, the City Manager and City staff shall prepare a meeting agenda and packet that is used by the governing body as a source of information and advice to assist their decision making and by the public to stay informed and decide if they want to participate in the process. Agendas and the placement of items on the agenda is the responsibility of the City Manager. Any Council member or member of a convened governing body can request for the Council or other applicable governing body to hear and consider a matter provided, however, such matter shall require approval or a second request from one other member of the City Council or other governing body.

Agendas and supporting packets for all public meetings will be noticed and posted in compliance with the Brown Act. As a general rule, the Council will not take action on any item which does not appear on the posted agenda. Exceptions are allowed in emergency/urgency situations or when the need arises.

The City Clerk will prepare a yearly meeting calendar identifying meeting dates and cancellations to aid governing body members and City staff with planning and scheduling.

A copy of the draft agenda will be transmitted to the City Manager one-week before the applicable meeting.
*In the case of Glendora Boards or Commissions, the staff liaison is responsible for agendas and placement of agenda items.

P. Record of Proceedings. All meetings/hearings will be recorded, and action minutes of proceedings will be prepared by the City Clerk (or its designee), and shall be made available for public inspection upon affirmation.

Item #8. Page 7
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Q. Sergeant at Arms. If directed by the City Council, there shall be available for public meetings a sworn officer of the Police Department who shall serve as Sergeant at Arms at a City of Glendora public meeting. The Mayor or City Manager shall have the authority to require the presence of the Sergeant at Arms when they deem such presence necessary. The Sergeant at Arms shall, under the direction of the Presiding Officer, maintain order on the floor during public meetings.

R. Parliamentarian. During public meetings, the City Attorney shall act as the parliamentarian.

This role provides clarification and direction on parliamentary procedures, including allowable actions by the governing body.

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

T. Community Recognition. The City of Glendora may periodically honor the service of community volunteers as well as the outstanding accomplishments of its citizens. To improve the efficiency of public meetings, whenever possible, such recognitions should take place during the monthly/quarterly presentation by the City Council.

ARTICLE II: ORDER OF BUSINESS
The order of business for public meetings shall be as follows:

1. Call to Order

2. Closed Session (if necessary)

3. Invocation (City Council Only)

4. Pledge of Allegiance

5. Student Reports (City Council Only, 2nd meeting of October - April, 3 minutes each)

6. Reorder of Agenda

7. Public Comment (limited to 3 minutes per speaker)

8. Member Statements/Reports

9. City Manager and City Attorney Statements or Director and Staff Liaison Statements

10. Special Items (as necessary/appropriate)

11. Public Hearings

12. Consent Calendar (including minutes and warrants)

13. Member Agenda Items

14. Unfinished Business

15. New Business

16. Member/Staff Closing Comments

17. Adjourn
*In the case of Glendora Boards or Commissions, sections not relevant to board/commission meetings will be removed or modified.

Consent Calendar. Items may be placed on the consent calendar of any agenda at the discretion of the City Manager. All items listed on the consent calendar are considered to be routine and may be enacted by a single vote, following a motion made by a governing body member, and approval of the majority of the governing body. There will be no separate discussion of these items unless a member of the governing body requests specific items to be removed from the consent calendar for separate action. Requests for a verbal staff report with respect to any agenda Item #8. Page 8
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Resolution CC 2024-___ Page 7 of 10
item that is listed on the consent calendar which are strictly for the benefit of the audience / public may be requested by a City Council member without pulling the item from consent calendar for separate vote; provided, however, no discussion or questions shall be permitted, and any such report must occur prior to the consent calendar vote. Any items removed from the consent calendar will be considered after the regular items on any such agenda.

ARTICLE III: RULES OF CONDUCT
Proceedings of all City governing bodies shall be governed by Rosenberg’s Rules of Order (as the same may be amended from time-to-time), on all matters pertaining to parliamentary procedure, but no law, ordinance, resolution, proceeding, or other action of the governing body shall be invalidated or the legality thereof be otherwise affected by the failure or omission to observe or follow the said rules.

No member of a governing body shall be permitted to abstain from voting if such abstention results in a tied vote unless such abstention shall have been approved by the City Attorney. Unexcused abstentions shall be counted by the City Clerk as a vote in opposition of the particular motion.

ARTICLE IV: PUBLIC HEARINGS
Matters, which are required to be heard at a noticed public hearing, shall be conducted in the following manner.

1. Time for Consideration. Matters noticed to be heard by the City Council, Planning Commission, or Water Commission shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed in accordance with provisions of this Article IV or until other disposition of the matter has been made.

2. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the City Council, Planning Commission or Water Commission at any meeting of the City Council, Planning Commission or Water Commission may, by order or notice of continuance, be continued or recontinued to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.

Item #8. Page 9
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Resolution CC 2024-___ Page 8 of 10

3. Public Discussion at Hearings. When a matter for public hearing comes before the governing body, the Presiding Officer shall read agenda item title into the record and open the public hearing. After which the Presiding Officer solicits presentations/comments from staff and from the applicant/appellant. Upon completion of the presentation/comments from staff and applicant/appellant and before any deliberation or motion is adopted related to the merits of the issue to be heard, the Presiding Officer shall invite public testimony and inquire if there are any persons present who desire to speak as proponents of or as opponents to the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak, or present relevant evidence shall make their presence known to the Presiding Officer. No person may speak without first being recognized by the Presiding Officer. Once all speakers have been heard the Presiding Officer will close the public testimony portion of the public hearing.

Members of the governing body who wish to ask questions of the speakers or each other, during the public hearing portion may do so but only after first being recognized by the Presiding Officer. The Presiding Officer shall conduct the meeting in such a manner as to afford due process.

Persons interested in the matter being heard shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record. Time limits may be established by the Council, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the Presiding Officer but may be appealed as set forth in these rules.

4. Public Hearings. Public hearings shall be conducted in accordance with the following protocol:

A. The Presiding Officer shall call the agenda item, read title into the record and “Open” the public hearing.

B. After opening the public hearing, the Presiding Officer shall ask for presentation of the staff report and comment.

C. Following the staff presentation/report, the Presiding Officer shall ask for any presentation the applicant/appellant may wish to offer (limited to 10 minutes).

D. Following the presentation of the applicant/appellant, the Presiding Officer shall call for and “open” public testimony (limited to 3 minutes per speaker) and inquire if there are any persons present who desire to speak as proponents of or as opponents to the matter which is to be heard or to present evidence respecting the matter. Once all speakers have been heard, the Presiding Officer shall “close” the public testimony portion of the public hearing.

Item #8. Page 10
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Resolution CC 2024-___ Page 9 of 10
E. Following public testimony, the Presiding Officer shall allow a summation or rebuttal from the applicant/appellant. (limited to 5 minutes) F. The Presiding Officer shall close the public hearing after which time no member of the public shall further address the governing body unless specifically asked to do so by a member of the governing body, with the approval of the Presiding Officer.

5. Consideration of Question by governing body. After the public hearing has been closed, the Presiding Officer and the other governing body members may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed to speak further on the question during this period of deliberation, without consent of the Presiding Officer, although the governing body members may ask questions of the speakers if so desired. At the conclusion of the governing body’s discussion, and an appropriate motion having been made and seconded, the governing body shall vote on the matter.

SECTION 5. These same rules apply to all City of Glendora boards, commissions and/or committees.

SECTION 6. All resolutions or parts of resolutions in conflict or inconsistent herewith are hereby repealed.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

PASSED, APPROVED and ADOPTED this _____ day of ________, 2024.

City Council of Glendora, CA
BY:

MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney
Item #8. Page 11
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Resolution CC 2024-___ Page 10 of 10

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ____ day of ________, 2024, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN, MMC
City Clerk/Communications Director
Item #8. Page 12
Meeting Date: 7/9/2024 / Packet Page #: 68

STAFF REPORT
To: Mayor and Council Members Date: July 9, 2024
From: Community Development District(s): 3
Subject: Second Reading and Adoption of Ordinance No. 2088 Approving an Amendment to Glendora Municipal Code Title 5 (Business Licenses and Regulations) to Add Section

5.40.110 "Delegation of Administration" and Title 2 (Administration and Personnel) to Add Section 2.18.050(a)(2) Regarding the Recommendation of Members for Appointment

RECOMMENDATION
That the City Council:

1. Adopt on second reading Ordinance No. 2088 entitled, “AN ORDINANCE OF THE CITY COUNCIL ADDING SECTIONS 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER 5.40 “GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY BOARDS AND COMMISSIONS” OF THE GLENDORA MUNICIPAL CODE.”

STRATEGIC FOCUS AREAS
 Goal 1: Implement Strategic Economic Development (ISED)  Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
The Glendora Village Business Improvement District (BID) was formed in 2009 pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) The purpose of the BID is to assist the City of Glendora (City) in the promotion of the physical and financial health of the Glendora Village as a means of providing tax revenues, and physical, economic, and social stability to the Glendora community.

Since the BID’s establishment, City staff has assisted the BID in executing its mission by providing general oversight and management of its operations. Pursuant to the 2023-2025 Strategic Plan, the City Council adopted several objectives related to the Village, including changes to the City’s support of BID administration. To better serve the BID, its membership, and mission, the proposed Memorandum of Understanding (MOU) assigns management of the BID to the Glendora Chamber of Commerce (Chamber). This report presents the terms of the MOU and requests a recommendation from the BID Advisory Board (Board) to the City Council.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In 2009, the City Council adopted an ordinance adding Chapter 5.40 to the Glendora Municipal Code (GMC) establishing the BID, as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.).

On April 11, 2023, the City Council adopted objectives and tasks in the 2023-2025 Strategic Plan including changes to BID administration. At a special meeting held on June 13, 2024, the BID Advisory Board approved a report that recommends the City Council approve a Memorandum of Understanding Item #9. Page 1
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Staff Report Page 2 of 2
(MOU) between the City and the Glendora Chamber of Commerce for the management and operation of the BID.

On June 25, 2024, the City Council approved by unanimous vote the introduction and first reading of Ordinance No. 2088 to amend the GMC to add Section 5.40.110 “Delegation of Administration” and Section 2.18.050(a)(2) in order to clarify recommendations for BID Advisory Board appointments.

DISCUSSION
Staff recommends that the City Council waive full reading, read by title only, and adopt on second reading Ordinance No. 2088 entitled, "AN ORDINANCE OF THE CITY COUNCIL ADDING SECTION 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER 5.40 “GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY BOARDS AND COMMISSIONS,” of the Glendora Municipal Code.

Chapter 5.40 of the GMC will be amended to include section 5.40.110 “Delegation of Administration” in order to authorize the City to delegate the administration of the BID to a non-profit organization. The Chamber, a nonprofit 501(c)(6), has long been a partner in the City’s efforts to develop and promote all businesses in Glendora, making it an ideal managing entity for the BID. Chapter 2.18 of the GMC would also be amended to include Section 2.18.050(a) in order to clarify that the BID Advisory Board will recommend members for appointment with consent of the City Council as is required by state law. This would empower the BID Advisory Board to have a more independent role in the selection of its members moving forward while still complying with state law.

FISCAL IMPACT
The City will be responsible for the cost of having the Chamber perform management services for the BID.

The cost to perform services assigned in the MOU is $50,000 per year for the term of the MOU. Costs will be paid out of the City’s General Fund, not to exceed $50,000 annually. The City will continue to assess and collect BID funds through Business Tax and remit those amounts to the Chamber on a monthly basis.

All funds related to the BID moving forward will be in the custody of the Chamber, however the City will monitor expenditures on a monthly basis and through an annual audit.

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

Prepared By Alycia Suniga, Management Analyst
Concurs With Matthew Klingler, Business Improvement District (BID) Advisory Board Reviewed By Valerie Velasquez-Santoya, Economic Development & Housing Manager Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Ordinance
Item #9. Page 2
Meeting Date: 7/9/2024 / Packet Page #: 70
ORDINANCE NO. 2088
AN ORDINANCE OF THE CITY COUNCIL ADDING SECTION 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER 5.40
“GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING
SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY
BOARDS AND COMMISSIONS” OF THE GLENDORA MUNICIPAL
CODE

THE CITY COUNCIL
City of Glendora, California
WHEREAS, in 2009, the Glendora Village Business Association requested that the City of Glendora initiate proceedings to form a Business Improvement District as permitted under the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and
WHEREAS, on July 28, 2009, the Glendora City Council adopted Ordinance 1922 adding Chapter 5.40 to the Glendora Municipal Code (GMC) and establishing the Glendora Village Business District (GVBD), as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and WHEREAS, the By-Laws of the GVBD state that its purpose is to assist the City of Glendora in the promotion of the physical and financial health of the Glendora Village as a means of providing tax revenues, and physical, economic, and social stability to the City of Glendora at large; and
WHEREAS, for the past fifteen years, the GVBD has executed its mission by contributing to improving the appearance of the Glendora Village, promoting and advertising through a range of media outlets, coordinating communications among the GVBD businesses, and sponsoring annual events within the Glendora Village, including the Holiday Stroll and Wine Walk; and
WHEREAS, the Glendora City Council has determined that it is in the best interest of the City and the GVBD to allow for the City of Glendora to delegate the administration of the Glendora Village Business District to a non-profit entity who shall implement the improvements, maintenance, and activities of the Glendora Village Business District; and WHEREAS, the Glendora City Council desires to grant the GVBD advisory board the authority to recommend board appointments to the City Council.

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

SECTION 1. A new section shall be added to Chapter 5.40 of the GMC, which shall be entitled “Delegation of Administration” which shall read as follows:
“Chapter 5.40.110 Delegation of Administration. The City Council may authorize a nonprofit organization to administer the district funds and to operate the improvements and activities of the district as set forth in this chapter. The authorized non-profit organization shall formally report to the city council at least annually, beginning no later Item #9. Page 3
Meeting Date: 7/9/2024 / Packet Page #: 71
Ordinance No. 2088 Page 2 of 3
than July 1, 2025.”
SECTION 2. A new subsection to Section 2.18.050(a) “Appointment” is hereby added to the Glendora Municipal Code to read as follows:
“(2) With respect to the Glendora Village Business District, the Business District advisory board shall recommend members for appointment with the consent of the city council as required by state law. The Business District bylaws shall prescribe the process by which board members are selected for appointment.”
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

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.

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

This Ordinance shall be effective on the thirtieth (30th) day after its adoption by the City Council.

PASSED, APPROVED and ADOPTED this__ day of ____, 2024.

City Council of Glendora, California
BY: __________________________________
MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney
Item #9. Page 4
Meeting Date: 7/9/2024 / Packet Page #: 72
Ordinance No. 2088 Page 3 of 3

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 25th day of June, 2024. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the ___ day of _____, 2024, by the following roll call vote:

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

NOES: MEMBERS: None.

ABSENT: MEMBERS: Fredendall.

ABSTAIN: 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 __________.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #9. Page 5
Meeting Date: 7/9/2024 / Packet Page #: 73

STAFF REPORT
To: Mayor and Council Members Date: July 9, 2024
From: Public Works District(s): Citywide
Subject: Approval of Amendment No. 1 to the Agreements for procuring architectural and engineering professional services between the Consultants on the Approved 2021-2026 Master On-Call Consultant List and the City of Glendora, extending the term of the Agreements through June 30, 2025, in an amount not to exceed $150,000 per fiscal year for each Consultant

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 1 to the Agreements between the Consultants on the approved 2021- 2026 Master On-Call Consultant List and the City of Glendora, extending the terms thereof through June 30, 2025, in an amount not to exceed $150,000 per fiscal year for each consultant; and

2. Authorize the City Manager or designee, to execute the amendments to the agreements with all the listed consultants, including minimal or non-substantive changes.

STRATEGIC FOCUS AREAS
 Goal 2: Maintain Financial Stability and Sustainability (MFSS)  Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
The City of Glendora established a master on-call consultant list for procuring architectural and engineering professional services in December 2021. Two-year on-call professional services agreements, in an amount not to exceed $150,000 per year, were executed with each Consultant on the list. These agreements included options for three one-year extensions subject to City Council approval. The use of these on-call agreements has helped improve project delivery and the Public Works Department is requesting the agreements be extended for an additional year through June 30, 2025, with no change to the annual spending limit.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Public Works Department engaged in a formal RFQ process to establish a master on-call consultant list for procuring professional services for Capital Improvement Program (CIP) and Land Development projects in Fall 2021. Subsequently, the City Council, at their regular meeting on December 14, 2021, approved the 2021-2026 Master On-Call Consultant List and authorized an expenditure not to exceed a maximum amount of $150,000 per fiscal year for each consultant. In addition, the City Council authorized the City Manager to enter two-year on-call professional services agreements, with three one-year extensions subject to City Council approval, with each of the consultants on the approved list.

DISCUSSION
The Master List process provides an efficient and effective means of contracting for professional services in support of the City's numerous CIP and Land Development projects, as well as when unexpected needs for engineering and other related professional services arise. Along with increased efficiency, the use of the
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Master List allows staff to seek proposals for specific projects from pre-qualified on-call consultants familiar with the City's standards and performance expectations, thus providing a more consistent, highquality, work product.

The Master List includes all the major professional and technical service categories typically used for City projects, including architects, engineers, inspectors, planning professionals, and project managers.

Included in the original RFQ was a detailed scope of work for each of the numerous professional service categories and each contract includes hourly rates for the various consultant-staff levels (project manager, senior project manager, etc.).

The following categories are included on the approved 2021-2026 Master On-Call Consultant List:
• A1 - Civil Engineering
• A2 - Civil Engineering (Water/Sewer/Hydrology/Hydraulics) • A3 - Traffic Engineering
• A4 - Construction Management, Inspection and Sampling Services • A5 - Construction Management, Inspection and Sampling Services (Water/ Sewer) • A6 - GIS and Asset Management Technical Support Services • A7 - Water Resources management
• A8 - Water Quality Management (NPDES & MS4 permit)
• A9 - Plan Checking Services
• A10 - Surveying, Mapping, and Right-of-way Engineering • B11 - Architecture
• B12 - Landscape Architecture
• B13 - Electrical and Mechanical Engineering
• B14 - Hazardous Materials Testing and Monitoring Services • B15 - Program Management
• B16 - Structural Engineering
• C17 - Grant Writing
The process used for selecting consultants for actual work is as follows:

1. Engineering staff request project-specific proposals from consultants qualified for the respective specialty category.

2. Engineering and other relevant City staff review proposals.

3. Engineering staff make a recommendation to the Public Works Director for consultant selection based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services.

4. Proposal costs are required to not exceed the hourly rates set forth in the consultant’s On-Call Professional Services Agreement.
a. Staff may also negotiate a reduction in pricing at the time prior to approving a proposal.

5. The Public Works Director approves and signs a Task Order with the consultant for a specific project scope and cost, and a purchase order issued, subject to the availability of funds. a. The Task Order refers to the On-Call Professional Services Agreement to incorporate the legal terms and conditions set forth therein.

6. Consultant then begins work upon issuance of purchase order.

Professional services for projects that are estimated to exceed $150,000 would continue to be formally bid and presented to the City Council for its review and consideration.

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Upon the City Council’s approval, staff will prepare the Amendments to the On-Call Professional Services Agreement for each consultant on the list (Attachment A), extending the term of the Agreements through June 30, 2025.

FISCAL IMPACT
There are no costs associated with extending the term of the On-Call Professional Services Agreements with the consultants on the List. Costs are only incurred by the City as the Task Orders are processed for individual CIP and Land Development projects. Using consultants from the Master On-Call Consultant List eliminates costs associated with issuing formal Requests for Proposal (RFP’s) for projects requiring professional services under $150,000.

The cost for providing professional services for CIP projects is funded from the approved CIP projects.

The cost for Land Development plan check services is limited annually for those services funded through collection of plan check fees from private developers.

As there are no committed costs under the On-Call Professional Services Agreements until a Task Order has been awarded, and those costs are limited to that Task Order, staff recommends the agreements be extended through June 30, 2025, with the option for the City Manager to extend the agreements for two additional one-year terms, subject to City Council approval. This helps reduce administrative costs by decreasing the frequency of issuing RFQs and reviewing proposals.

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 Paul Fisher, Business Services Manager
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Moises Lopez, Assistant City Manager
Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
Payam Mostafavi, Assistant City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. 2021-2026 Master On-Call Consultant List
B. Sample Amendment No. 1
Item #10. Page 3
Meeting Date: 7/9/2024 / Packet Page #: 76

MASTER ON-CALL CONSULTANT LIST BY DISCIPLINES

FOR PROFESSIONAL SERVICES
DECEMBER 2021 THROUGH NOVEMBER 2026
A1- Civil Engineering A5- Construction Management and B12- Landscape Architecture

1. Alta Planning & Design Inspection Services (Water/ Sewer) 1. Alta Planning & Design

2. DR Consultants & Designers 1. DR Consultants & Designers 2. MIG Inc

3. IDS Group 2. JMDiaz 3. SWA Group Sausalito Studio

4. IMEG Corporation 3. MNS Engineers 4. Willdan

5. JMDiaz 4. SA Associates

6. Kabbara Engineering 5. TKE B13- Electrical and Mechanical

7. MNS Engineers Engineering

8. Onward Engineering 1. IMEG Corporation

9. SA Associates A6- GIS and Asset Management

10. Uniplan Engineering Technical Support Services B14- Hazardous Material Testing &

11.Valued Engineering 1. Draw Tap GIS Monitoring

12.TKE 1. Converse Consultants

13. TAIT A7- Water Resources management 2. IMEG Corporation

14. Willdan 1. IMEG Corporation

2. JMDiaz B15- Program Management

3. SA Associates 1. DR Consultants & Designers
A2- Civil Engineering 2. JMDiaz
(Water/Sewer/Hydrology/Hydraulic) A8- Water Quality Management 3. SA Associates

1. Craftwater Engineering (NPDES & MS4 permit)

2. CWE 1. Craftwater Engineering B16- Structural Engineering

3. JMDiaz 2. CWE 1. IDS Group

4. Kabbara Engineering 3. IMEG Corporation 2. IMEG Corporation

5. MNS Engineering 4. JMDiaz 3. Myers Houghton & Partners

6. SA Associates

7. TKE A9- Plan Checking Services

8. Valued Engineering 1. IMEG Corporation C17- Grant Writing

2. JMDiaz 1. Alta Planning & Design
A3- Traffic Engineering 3. MNS Engineer 2. Craftwater Engineering

1. Advantec Consulting Engineers 4. TKE 3. CWE

2. AGA Engineers 5. Valued Engineering 4. MNS Engineers

3. Alta Planning & Design 6. Willdan 5. SA Associates

4. DKS Associates - Anaheim 6. Willdan

5. General Technologies & Solutions A10- Surveying, Mapping, and

6. JMDiaz Right-of-way Engineering

7. TKE 1. GIS Surveyors

8. Willdan 2. IMEG Corporation

3. Johnson-Frank & Associates

4. MNS Engineers
A4- Construction Management and 5. TAIT
Inspection & Sampling Services 6. Uniplan Engineering

1. DR Consultants & Designers

2. 7. Willdan

2. JMDiaz

3. MNS Engineers B11- Architecture

4. Onward Engineering 1. MIG Inc

5. SA Associates 2. SVA Architects

6. TKE 3. TAIT

7. Willdan
Item #10. Page 4
Meeting Date: 7/9/2024 / Packet Page #: 77
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment No. 1”) by and between the CITY OF GLENDORA (“City”) and Advantec Consulting Engineers, Inc., a California corporation (“Consultant”) is effective as of the ____ day of July, 2024.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated February 15, 2022 (“Agreement”) whereby Contractor agreed to provide on-call engineering services.

B. City and Contractor now desire to amend the Agreement to extend the term of the Agreement for an additional period through June 30, 2025.

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) of the Agreement shall be revised as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in each Task Order and 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 $150,000 (One Hundred Fifty Thousand Dollars) per calendar fiscal year for the duration of this Agreement’s Term (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.” b. 3.4 (Term) of the Agreement shall be revised as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through June 30, 2025 until completion of the services but not exceeding two-year term from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). City Manager may extend up to two three additional one-year periods terms subject to City Council approval.”

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 #10. Page 5
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- Amendment No. 1
-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 #10. Page 6
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- Amendment No. 1
-3-
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
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Name:

Title:

Email:

Name:

Title:

Email:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

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

Item #10. Page 7
Meeting Date: 7/9/2024 / Packet Page #: 80

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

Item #10. Page 8
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Item #10. Page 9
Meeting Date: 7/9/2024 / Packet Page #: 82

STAFF REPORT
To: Mayor and Council Members Date: July 9, 2024
From: Public Works District(s): Citywide
Subject: Approval of Amendment No. 1 to the Agreement for Services between JMDiaz, Inc. and the City of Glendora dated July 13, 2021 for construction management and inspection services for Gold Line Light Rail Transit Phase 2B project in an amount not to exceed $396,790 per fiscal year

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 1 to the Agreement for Services between JMDiaz, Inc. and the City of Glendora dated July 13, 2021, for construction management and inspection services for Gold Line Light Rail Transit Phase 2B project, extending the term of the agreement for an additional year through July 12, 2025; and

2. Authorize the City Manager or his designee to execute Amendment No. 1, including minimal and/or non-substantive changes, and subsequent extensions up to one additional one-year period.

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

EXECUTIVE SUMMARY
On July 13, 2021, the City Council awarded an Agreement for Contract Services (Agreement) to JMDiaz, Inc. for construction management and inspection services for the Gold Line Light Rail Transit Phase 2B project. The initial term of the Agreement was three-years of which expires on July 12, 2024. The Gold Line project is currently under construction and requires JMDiaz, Inc. to continue providing construction management and inspection services through project completion. If approved, Amendment No. 1 will extend the term of the contract for an additional one-year period as Gold Line construction winds down.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City Council, at its regular meeting on July 13, 2021, awarded an Agreement for Contract Services (Agreement) to JMDiaz, Inc. for construction management and inspection services for Gold Line Light Rail Transit Phase 2B project. Per section 3.4 of the Agreement, the “City Council, in a duly noticed public meeting may, at its sole discretion, extend the Term for two (2) additional one (1) year terms.”

DISCUSSION
The Foothill Gold Line project is currently under construction and includes nine at-grade intersections, three new bridge structures, freight track relocation and light rail tracks within the City of Glendora.

JMDiaz, Inc. (JMD) was selected as the consultant for Engineering Services in 2017 and assisted the City with reviewing conceptual and design engineering drawings, inspections, and other technical assistance for work within the City right-of-way. On July 13, 2021, the City Council awarded an Agreement for Contract Services (Agreement) to JMD for construction management and inspection services for the Gold Line Light Rail Transit Phase 2B project. The term of the Agreement was three-years with an option to extend the Term for two (2) additional one (1) year terms. The City wishes to continue working with JMD as construction of the Gold Line continues. The Foothill Gold Line Light Rail Extension, Phase 2B is Item #11. Page 1
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expected to continue through 2025. JMD will continue to provide technical expertise in construction management and inspection, and oversight for the public improvements in the City of Glendora public right-of-way.

FISCAL IMPACT
Sufficient budget is available in the FY 2024/25 Adopted Budget for the Foothill Gold Line construction management as shown in the table below.

Budget
Description Account No. Project No. Amount
Foothill Gold Line 30170550-59100 5517102 $396,790
Total Budget $396,790

ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendation to the report.

A. Original Agreement Dated July 13, 2021
B. Amendment No. 1
Item #11. Page 2
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
JM Diaz, Inc.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
JMDiaz, Inc.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 13th day of July, 2021 by and between the City of Glendora, a California municipal corporation (“City”) and JMDiaz, 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 DocuSign Envelope ID: 358232D6-4ABF-4027-9696-29074221C81F Item #11. Page 4
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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

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

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

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B Consultant’s Authorized Initials ___________________
Juan M. Diaz

(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

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

1.6 Familiarity with Work.

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

1.7 Care of Work.

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

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B

1.8 Further Responsibilities of Parties.

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

1.9 Additional Services.

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

1.10 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Ninety-Six Thousand Seven Hundred Ninety Dollars ($396,790) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B

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.

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

2.4 Invoices.

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

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

2.5 Waiver.

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

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Council, in a duly noticed public meeting may, at its sole discretion, extend the Term for two (2) additional one (1) year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B Ivan Salvatierra Sr., Project Manager
Juan M. Diaz, President/CEO
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 Alison Sweet, City Engineer, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(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 DocuSign Envelope ID: 358232D6-4ABF-4027-9696-29074221C81F Item #11. Page 13
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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(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.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful 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;
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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B

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.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B (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.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

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

7.9 Attorneys’ Fees.

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

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 DocuSign Envelope ID: 358232D6-4ABF-4027-9696-29074221C81F Item #11. Page 20
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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

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.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in 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 DocuSign Envelope ID: 358232D6-4ABF-4027-9696-29074221C81F Item #11. Page 22
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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B 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 ___________________
Juan M. Diaz

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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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B 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
June Overholt
Administrative Services Director
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

JMDiaz, Incorporated
Name: Juan M. Diaz
Title: Chief Executive Officer
[email protected]
Name: Juan M. Diaz
Title: Chief Financial Officer
[email protected]
Address: JMDiaz, Inc.
18645 E. Gale Avenue, Suite 212
City of Industry, CA 91748-1363
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: 358232D6-4ABF-4027-9696-29074221C81F August 2, 2021 | 1:42 PM PDT
August 2, 2021 | 2:12 PM PDT
August 18, 2021 | 11:27 AM PDT
Item #11. Page 24
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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services as needed for Civil Engineering support for Foothill Gold Line Phase 2B:

A. Task 1: Project Management, Meetings and Coordination i. Actively manage the technical consultant team, which includes monitoring progress as well as resolve key issues and potential problems. ii. On-going project management direction and coordination. iii. Maintain and foster relationships with agencies, property owners, and other consultants.
iv. Assist in coordinating projects with agencies such as the cities of Azusa and San Dimas, utility companies, and other local agencies and stakeholders.
v. Take appropriate action to ensure timely and integrated production of all work tasks.
vi. Represent the City at meetings with technical consultants, Authority, other agencies, and public as required.
vii. Assist with presentation materials.
viii. Assist in the preparation of progress reports to Authority describing overall progress of the work, discuss significant issues, and present proposed next steps as appropriate.
ix. Respond to verbal and written inquiries from local agencies, businesses, and residents as needed.

B. Task 2: Engineering/Technical Review and Support
i. Provide as-needed engineering and technical expertise in all major components of engineering as they pertain to the Gold Line LRT and Pasadena Subdivision corridor.
ii. Review and comment on preliminary engineering plans, studies, and reports.
iii. Establish project delivery plans and monitor adherence to them.

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CIVIL ENGINEERING AND INSPECTION SERVICES FOR GOLD LINE LIGHT RAIL TRANSIT PHASE 2B iv. Assure quality and efficient/timely completion of all feasibility study components.
v. Coordinate feasibility study report reviews by other governmental agencies and local agencies.
vi. Perform field investigation and research, as needed. vii. Review preliminary cost estimates and unit costs, as needed. viii. Coordinate with City and Authority staff in technical matters and assist in the resolution of technical issues and problems.

C. Task 3: Comment Resolution
i. Work with the Authority's designers to provide timely review comments and be involved follow up reviews to ensure comments are properly addressed in writing or via inclusion in the design plans and/or reports.

D. Task 4: Construction Inspection- Utilities
i. JMD's subconsultant, LAE, will provide construction inspections on improvements within public right of way, including but not limited to intersection and bridge improvements, traffic detours, traffic control, street improvements, traffic signal work
E. Task 5: Construction Inspection- Light Rail Construction i. JMD's subconsultant, LAE, will provide construction inspections for the light rail construction contract. Inspection will be focused on improvements within public right of way.

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01240.0001/535308.1 B-1
EXHIBIT “B”

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

I. None

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01240.0001/535308.1 C-1
EXHIBIT “C”

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

DESCRIPTION SUBBUDGET
A. Task 1: Project Management, Meetings
and Coordination $82,042.13
B. Task 2: Engineering/Technical Review
and Support $82,042.13
C.

Task 3: Comment Resolution
$82,042.13
D.

Task 4: Construction InspectionUtilities $50,221.26
E.

Task 5: Construction Inspection- Light
Rail Construction $100,442.51
NOT TO EXCEED $396,790.16

II. 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.

III. The hourly rates are subject to 3% increase, annually for subsequent years.

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.

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01240.0001/535308.1 C-2
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 the following:

CLASSIFICATION RATE TIME
Hours/Year
SUBBUDGET
A. Juan M. Diaz $227.96 52 $11,397.98
B. Ivan Salvatierra, $150.28 1040 $156,291.20
C. Steve Itagaki $155.05 208 $32,250.4
D. Algis Marciuska $194.19 104 $20,195.76
E. Deepak Solanki $132.95 104 $13,826.80
F. Greg Andrade $79.96 104 $8,315.84
G. Tom Geary, PW Inspector $114.23 1040 $118,799.20
H. Kalid Dawood $115.04 104 $11,964.16
I. Darlene Dominguez $56.29 208 $11,708.32
J. LAE Associates (Inspection) $111.39 104 $11,584.56
K. Steve A. Ormenyi and
Associates $212.18 0 0
L. CHO Design Associates $244.01 0 0
NOT TO EXCEED $396,790.16
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01240.0001/535308.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. The term of this agreement shall commence upon approval of the City Council, and expire on June 30, 2024, with the option to renew for two (2) additional (1) -year terms upon mutual agreement of both parties, unless otherwise terminated as provided herein, with City Manager authority executing annual renewals.

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

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Certificate Of Completion
Envelope Id: 358232D64ABF4027969629074221C81F Status: Completed Subject: Please DocuSign: JMDiaz Agmt Foothill Goldline Phase B Eng/Inspection Services (July 13, 2021 Mtg) Source Envelope:

Document Pages: 28 Signatures: 6 Envelope Originator:

Certificate Pages: 5 Initials: 2 Kathleen Sessman
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
116 E Foothill Blvd
Glendora, CA 91741
[email protected]
IP Address: 173.196.201.133
Record Tracking
Status: Original
7/20/2021 4:30:12 PM
Holder: Kathleen Sessman
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Juan M. Diaz
[email protected]
JMDiaz, Inc. (dba JMD)
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 24.205.177.105
Sent: 7/20/2021 4:37:46 PM
Resent: 7/22/2021 10:40:24 AM
Resent: 7/27/2021 2:37:25 PM
Resent: 7/28/2021 4:48:01 PM
Viewed: 8/2/2021 1:38:45 PM
Signed: 8/2/2021 1:42:17 PM
Electronic Record and Signature Disclosure:

Accepted: 8/2/2021 1:38:45 PM
ID: c173b015-73ea-44ab-9d0e-cf13d3dcb1e7
Adam Raymond
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 205.155.236.194
Signed using mobile
Sent: 8/2/2021 1:42:20 PM
Viewed: 8/2/2021 2:12:09 PM
Signed: 8/2/2021 2:12:23 PM
Electronic Record and Signature Disclosure:

Accepted: 8/2/2021 2:12:09 PM
ID: 73f320ff-9c80-4571-81c5-bb235f09bfbc
June Overholt
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.196.201.133
Sent: 8/2/2021 1:42:20 PM
Viewed: 8/2/2021 1:43:57 PM
Signed: 8/2/2021 1:44:01 PM
Electronic Record and Signature Disclosure:

Accepted: 8/2/2021 1:43:57 PM
ID: 2f0b3696-f063-4f70-8adb-fa4f845c7dcf
William W. Wynder
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.112.162.3
Sent: 8/2/2021 1:42:20 PM
Viewed: 8/2/2021 1:42:54 PM
Signed: 8/2/2021 1:43:06 PM
Electronic Record and Signature Disclosure:

Accepted: 8/2/2021 1:42:53 PM
ID: 85cb1ac3-0153-47e0-80f3-dfe9d90679ed
Item #11. Page 31
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Signer Events Signature Timestamp
Kathleen Sessman
[email protected]
City of Glendora
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 173.196.201.130
Sent: 8/2/2021 2:12:25 PM
Viewed: 8/18/2021 11:27:30 AM
Signed: 8/18/2021 11:27:43 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Alison Sweet
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/18/2021 11:27:45 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
City Clerk Group
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/18/2021 11:27:45 AM
Viewed: 8/18/2021 11:28:21 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/20/2021 4:37:46 PM
Certified Delivered Security Checked 8/18/2021 11:27:30 AM Signing Complete Security Checked 8/18/2021 11:27:43 AM Completed Security Checked 8/18/2021 11:27:45 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Item #11. Page 32
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Glendora (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 1/22/2021 8:08:06 AM Parties agreed to: Juan M. Diaz, Adam Raymond, June Overholt, William W. Wynder Item #11. Page 33 Meeting Date: 7/9/2024 / Packet Page #: 115
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Glendora:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Glendora of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Glendora
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Glendora
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Item #11. Page 34
Meeting Date: 7/9/2024 / Packet Page #: 116
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify City of Glendora as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Glendora during the course of your relationship with City of Glendora.

Item #11. Page 35
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AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment No. 1”) is made by and between the CITY OF GLENDORA (“City”) and JMDIAZ, INC., a California corporation (“Consultant”), effective as of the _____ day of __________, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services dated July 13, 2021 (“Agreement”) whereby Consultant agreed to provide as needed civil engineering and inspection services associated with the Gold Line Light Rail Transit Phase 2B. Except as otherwise defined herein, all initially capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Agreement.

B. City and Consultant now desire to amend the Agreement to extend the term for an additional year through July 12, 2025.

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) of the Agreement shall be revised as follows:
“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 Three Hundred Ninety-Six Thousand Seven Hundred Ninety Dollars ($396,790) (the “Contract Sum”) per fiscal year, unless additional compensation is approved pursuant to Section 1.9.”
b. 3.4 (Term) of the Agreement shall be revised as follows:
“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 four three years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Council, in a duly noticed public meeting The City Manager may, at his/heritssole discretion, extend the Term for one two (12) additional one (1) year terms period by giving written notice prior to the end of the previous term.”

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 DocuSign Envelope ID: DE6E317E-369E-4BB8-9365-7EE89AA49E55 Item #11. Page 36
Meeting Date: 7/9/2024 / Packet Page #: 118
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 Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant 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 Consultant that, as of the date of this Amendment No. 1, Consultant 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.

6. Counterparts. This Amendment No. 1 may executed in one or more counterparts.

Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment No. 1 based on the form of signature. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: DE6E317E-369E-4BB8-9365-7EE89AA49E55 Item #11. Page 37
Meeting Date: 7/9/2024 / Packet Page #: 119
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 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
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:

JMDiaz, Inc.

Name: Juan M. Diaz
Title: Chief Executive Officer and Chief Financial Officer Email: [email protected]
Address: 18645 E. Gale Avenue, Suite 212
City of Industry, CA 91748-1363
Two corporate officer signatures required when Consultant 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 DocuSign Envelope ID: DE6E317E-369E-4BB8-9365-7EE89AA49E55 Jun 27, 2024 | 9:17 AM PDT
Item #11. Page 38
Meeting Date: 7/9/2024 / Packet Page #: 120

STAFF REPORT
To: Mayor and Council Members Date: July 9, 2024
From: Public Works District(s): 5
Subject: Approve Contract Services Agreement with Tri County Pump Company for the Well 2 Pump Rehabilitation Project in an amount not to exceed $150,000 inclusive of a 20% contingency in the amount of $25,000 and term of 10 working days

RECOMMENDATION
That the City Council:

1. Award a Contract Services Agreement with the Tri County Pump Company in an amount not to exceed $125,796.24 for the Well 2 Pump Rehabilitation Project;

2. Authorized the Public Works Director to execute any necessary contingency in an amount not to exceed twenty percent (20%) of the original contract amount; and

3. Authorize the City Manager to execute the Agreement.

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

EXECUTIVE SUMMARY
In December of 2023, Well 2 experienced significant vibration issues originating from the Well 2 pump located at the Water Division Yard. The primary cause of this vibration is suspected to be excessive wear of the pump bearings, a critical component for the proper functioning of the pump. The last comprehensive rehabilitation of Well 2 occurred in the summer of 2008. If left unaddressed, the excessive vibration could lead to catastrophic pump failure, compromised water quality, health risks to the community, and regulatory non-compliance.

Given the critical nature of the well pump to our water supply system and the risks posed by continued operation under these conditions, it is imperative to undertake the immediate replacement of the well pump. Staff recommends the award of a contract to Tri County Pump Company to complete these repairs.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Glendora Municipal Code § 2.40.070(f)(7) allows the water utility to acquire “pumps and repairs” by “informal procurement or negotiated procurement, regardless of their estimated procurement expenditure amounts, provided that the city council shall have approved the proposed acquisition if required under the provisions of this chapter, either by approval of the procurement contract or approval of annual purchase orders.”

DISCUSSION
In December of 2023, Well 2 experienced significant vibration issues originating from the Well 2 pump located at the Water Division Yard. This level of vibration poses severe risks, including potential deterioration of water quality and the catastrophic failure of the pump. The primary cause of this vibration is suspected to be excessive wear of the pump bearings.

Item #12. Page 1
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Staff Report Page 2 of 3
The last comprehensive rehabilitation of Well 2 occurred in the summer of 2008. At that time, extensive work was performed, including:
 Replacement of the motor
 Replacement of the pump
 Replacement of the pipe column
 Replacement of various pump materials
 Wire brushing of the well casing
Industry standards recommend that wells undergo rehabilitation every five years to maintain optimal operation and avoid failures. However, Well 2 has not been rehabilitated for 16 years, resulting in significant cost savings over this period but at the expense of increasing risk of mechanical failures and associated water quality issues.

The well's prolonged period without rehabilitation has likely contributed to the current state of disrepair.

The excessive vibrations detected in December 2023 are indicative of severe wear on the pump bearings which, if left unaddressed, could lead to catastrophic pump failure. Additionally, the excessive vibration could compromise water quality, pose health risks to the community and lead to regulatory noncompliance.

Given the critical nature of the well pump to our water supply system and the risks posed by continued operation under these conditions, it is imperative the Water Division undertake an immediate replacement of the well pump.

The proposed scope of work includes:
 Video Log prior to well brushing and video log after well brushing to verify condition of well screen and casing.
 Pull Motor and Pump equipment.
 Disassemble pump, teardown and inspect all equipment, reassemble bowl.  Replacement of the current motor and pump.
 Inspection, troubleshooting and replacement of the pipe column.  Wire brushing of the well casing to remove any accumulated deposits.  Install proper equipment for installation of City or Contractor supplied parts and equipment.  Install New Pump and Motor and perform start up and development.  Furnish both verbal and written reports outlining course of action and recommendations of all projects.

While the upfront cost of the well pump replacement and associated rehabilitation activities will be significant, the investment is necessary to prevent more costly emergency repairs and potential fines for water quality violations.

FISCAL IMPACT
Funding for this project is included in the adopted FY 2024/25 Mid-Cycle Budget. The 20% contingency included in the contract is recommended for coverage of uncertainties due to the lapse of the time between the 2008 Well Rehabilitation and now. Project budget and expenditures are detailed in the tables below:

Project Budget
Item Description Funding Source Account Amount
Replacement of Chlorination Pumps Water Capital Projects (502) 50200990-70000 $150,000 Total Budget $150,000
Item #12. Page 2
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Staff Report Page 3 of 3
Project Expenditures
Description Fund Account Amount
Well 2 Rehabilitation Water Capital Projects (502) 50200990-70000 $125,000.00 20% Contingency Water Capital Projects (502) 50200990-70000 $25,000.00 Total Expenditures $150,000.00

ENVIRONMENTAL DETERMINATION
None.

Prepared By Jacob Chavira, Water Division Manager
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 Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Agreement
Item #12. Page 3
Meeting Date: 7/9/2024 / Packet Page #: 123

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and

TRI COUNTY PUMP COMPANY
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND

TRI COUNTY PUMP COMPANY
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2024 by and between the City of Glendora, a California municipal corporation (“City”) and Tri County Pump Company, 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.

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

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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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 2

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

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: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 6
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 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 ___________________
Jeff Famely, Vice 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: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 7
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 4 against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

1.7 Care of Work.

1.8 Further Responsibilities of Parties.

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 twenty percent (20%) 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.

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 One Hundred Fifty Thousand Dollars ($150,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method 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.

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: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 9
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 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.

3.3 Force Majeure.

3.4 Term.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 7 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:

Andrew Bradbury, General Manager
Jeff Famely, Vice President
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.

4.3 Contract Officer.

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

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not DocuSign Envelope ID: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 11
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 8 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.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 9 (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of DocuSign Envelope ID: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 13
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 10 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.

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 DocuSign Envelope ID: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 14
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 11 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.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to DocuSign Envelope ID: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 15
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 12 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.

6.3 Ownership of Documents.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement DocuSign Envelope ID: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 16
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 13 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.

7.2 Disputes; Default.

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

7.3 Retention of Funds.

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

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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 14

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.

7.6 Legal Action.

7.7 Termination Prior to Expiration of Term.

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

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to DocuSign Envelope ID: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 18
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 15 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.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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.

8.3 Covenant Against Discrimination.

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8.4 Unauthorized Aliens.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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.

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.

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 DocuSign Envelope ID: F3FA6149-C241-48E5-8B59-F0E1358E6851 Item #12. Page 20
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Agreement – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 17 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.

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 ___________________
Jeff Famely, Vice 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 – Tri County Pump (Maintenance/Repairs – Well & Booster Pumps) 07.09.2024 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
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

TRI COUNTY PUMP COMPANY, a California
corporation
Name: Andrew Bradbury
Title: General Manager
Email: [email protected]
Name: Jeff Famely
Title: Vice President
Email: [email protected]
Address:
241 S. Arrowhead Ave.

San Bernardino, CA, 91408
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.

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Jul 1, 2024 | 8:45 AM PDT
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01240.0001/992086.1 A-1
EXHIBIT “A”

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

A. Tri County Pump Company will provide emergency and routine maintenance and repairs for the City’s well and booster pumps and motors which shall include but not be limited to the following:
i. Having proper equipment and tools for the removal and transportation of the pumps and motors as required and directed by the City. ii. Inspecting, trouble shooting, and recommending repairs and/or replacement of pump and motor components.
iii. Having the proper equipment for installation of City or Contractor supplied parts and equipment.
iv. We will furnish both verbal and written reports outlining course of action and recommendations of all projects.

B. Standard response time for a non-emergency situation will be 1-3 days depending on the City’s requirements. In emergency situations or response time will be approximately 4 hours.

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

A. All pump equipment, Video Log, As Built
B. Weekly project updates
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 status reports as requested by the Contract Officer:

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

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

A. Edward Famely, President
B. Andrew Bradbury, General Manager
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01240.0001/992086.1 B-1
EXHIBIT “B”

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

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01240.0001/992086.1 C-1
EXHIBIT “C”

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

DESCRIPTION RATE
A. Field Labor – Pull pump equipment and
transport to TCP for inspection; video log;
brush and bail; install pump and perform
start up.
$40,000.00
B. Shop Labor – Disassemble pump,
teardown and inspect all equipment,
reassemble bow. Clean wire brush and coat
bowls.
$5,000.00
C. Materials $80,000.00
D. 20% Contingency $25,000.00
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

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

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. Not applicable.

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01240.0001/992086.1 D-1
EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. Pull pump equipment
and transport to TCP for
inspection
2 days 7/15/2024
B. Video Log 1 day 7/22/2024
C. Brush & Bail 3 days 8/5/2024
D. Video Log 1 day 8/12/2024
E. Install pump and
perform start up
3 days 9/3/2024
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. As provided in Exhibit “A”.

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

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STAFF REPORT
To: Mayor And Council Members Date: July 9, 2024
From: Public Works District(s): Citywide
Subject: Award Consulting Services Agreement to Update the City's Urban Forestry Manual and Related Municipal Codes to Dudek in an Amount not to Exceed $93,790 and a 10% Contingency in the Amount of $9,380 with a Term of 15 Working Days

RECOMMENDATION
That the City Council:

1. Award Consulting Services Agreement to Update the City's Urban Forestry Manual and related municipal codes to Dudek in an amount not to exceed $93,790;

2. Authorized the Public Works Director to execute any necessary contingency in an amount not to exceed ten percent (10%) of the original contract amount;

3. Authorize the City Manager to execute the Agreement and subsequent extension up to one additional one-year period; and

4. Authorized the necessary budgetary adjustments to appropriate $103,200 from General Fund (101) reserves to account 10170580-59100.

STRATEGIC FOCUS AREAS
 Goal 4: Enhance and Modernize the Organization (EMO)
 Goal 5: Improve & Maintain Infrastructure/Facilities (IMCIF)

EXECUTIVE SUMMARY
The City is responsible for overseeing the care and maintenance of approximately 12,500 trees within its borders. One of the goals outlined in the City’s strategic plan is to update the Urban Forestry Manual to provide guidance for long-term and day-to-day management of these assets.

Dudek is a well-respected environmental, planning, and engineering firm headquartered in Encinitas, California. Dudek has broad experience in developing urban forest management plans, tree ordinance updates, and urban forestry maintenance manuals. They have worked with numerous local municipalities including Los Angeles, Downey, Beverly Hills, Temecula, Irvine, Oxnard and Rancho Cucamonga.

Glendora Municipal Code (GMC) Section 2.40.100(c)(8) allows the City to enter into cooperative purchasing agreements conducted by another public agency. Dudek entered an agreement with the City of Rancho Cucamonga on November 2, 2022 that specifically includes cooperative purchasing language.

In order to save time and administrative costs associated with conducting a formal procurement, staff recommends that City Council authorize the execution of an agreement with Dudek based on the Rancho Cucamonga RFP and award.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Per Glendora Municipal Code (GMC) Section 2.40.100(c)(8), competitive procurement through the informal and formal procurement process shall not be required when services can be procured from a contractor who offers the same or better price, terms and conditions as the contractor previously offered Item #13. Page 1
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Staff Report Page 2 of 3
as the lowest responsive bidder under competitive procurement conducted by another public agency.

DISCUSSION
The City is responsible for overseeing the care and maintenance of approximately 12,500 trees within its borders. To address the magnitude of all that is involved in managing the urban forest presently and in the future, staff determined there is a need to update and modernize the City’s Urban Forestry Manual (Manual). The most recent update to the Manual was completed in 2018. An update of the Manual is included in the City’s strategic plan under Goal 4: Enhance and Modernize the Organization, Objective 1 and Goal 5: Improve & Maintain Infrastructure/Facilities, Objective 7.

To further these objectives, staff obtained a proposal from Dudek to assist the City in this endeavor.

Dudek is a well-respected environmental, planning, and engineering firm headquartered in Encinitas, California. In the last 5 years, Dudek has completed or is developing 14 urban forest management plans, 6 other urban forest-related planning documents, 3 tree ordinance updates, and is currently updating an urban forestry maintenance manual. They have worked with numerous local municipalities including Los Angeles, Downey, Beverly Hills, Temecula, Irvine, Oxnard and Rancho Cucamonga.

City staff will work closely with Dudek as they conduct a comprehensive review of the City’s Urban Forestry Manual and the City’s tree ordinances and related municipal codes. Dudek will also be completing a tree inventory analysis of publicly managed trees, a canopy coverage analysis of public and private trees, a recommended species list, and providing recommendations for the update of the urban forestry manual.

Glendora Municipal Code (GMC) Section 2.40.100(c)(8) allows for entering into agreements based on competitive procurements conducted by other public agencies. On April 20, 2022, the City of Rancho Cucamonga posted RFP 21/22-011 for consultant services for the development of a comprehensive urban forest management plan to their online bid system. Thirty-two (32) prospective bidders downloaded or viewed the bid package, and three (3) responses were submitted. The responses were scored and ranked in accordance with the RFP evaluation criteria. Following the written evaluations and vendor interviews, Dudek was determined to be the most responsive vendor providing the best value while meeting the scope of services listed in the RFP. Therefore, on November 2, 2022, the City of Rancho Cucamonga awarded a competitively bid contract to Dudek for the preparation of an urban forest management plan.

The update of the City of Glendora’s Manual and review of the City’s tree ordinances and related municipal codes falls within the overall scope of work included in the Rancho Cucamonga RFP.

Therefore, Staff recommends entering an agreement with Dudek for the update to the urban forest manual based upon the competitively bid Rancho Cucamonga contract.

FISCAL IMPACT
The update of the City of Glendora’s Manual and review of the City’s tree ordinances and related municipal codes is not included in the FY 2024/25 budget. An appropriation in the amount of $103,170 is needed to complete this work as outlined in the tables below:

Project Budget and Proposed Appropriation
Item Description Funding Source Account Amount
FY 2024/25 Adopted Budget None None $0.00
Additional Appropriation General Fund (101) 10170580-59100 $103,170 Total Proposed Budget $103,170
Project Expenditures
Description Amount
Dudek - Update of Urban Forestry Manual and code review $93,790 Ten percent (10%) Contingency $9,380
Total Project Expenditures $103,170
Item #13. Page 2
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Staff Report Page 3 of 3

ENVIRONMENTAL DETERMINATION
This activity is not a project as defined by Section 21065 of the Public Resources Code or Section 153758 of Title 24, Chapter 3 of the California Code of Regulations.

Prepared By Paul Fisher, Business Services Manager
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 Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Agreement
B. Rancho Cucamonga – RFP 21/22-011
C. Rancho Cucamonga – Dudek Council Staff Report
D. Rancho Cucamonga – Dudek Agreement No. 2022-141
Item #13. Page 3
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
Dudek
for
Urban Forestry Manual Update
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Project Name, Plan No. #### 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
DUDEK
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of July 2024 by and between the City of Glendora, a California municipal corporation (“City”) and Dudek, 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.

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

1.2 Consultant’s Proposal.

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Project Name, Plan No. #### 2
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Item #13. Page 6
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Project Name, Plan No. #### 3
Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

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1.6 Familiarity with Work.

1.7 Care of Work.

1.8 Further Responsibilities of Parties.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

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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 $93,790 (ninety three thousand seven hundred ninety Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

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.

2.5 Waiver.

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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.

3.3 Force Majeure.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one 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 additional one-year period.

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:
(Name), (Title)
(Name), (Title)
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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.

4.3 Contract Officer.

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

4.4 Independent Consultant.

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

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with Item #13. Page 11
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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.

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’ Item #13. Page 12
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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.

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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for Item #13. Page 14
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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.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

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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.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no Item #13. Page 16
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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.

7.2 Disputes; Default.

7.3 Retention of Funds.

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 Item #13. Page 17
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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.

7.6 Legal Action.

7.7 Termination Prior to Expiration of Term.

7.8 Termination for Default of Consultant.

7.9 Attorneys’ Fees.

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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.

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.

8.3 Covenant Against Discrimination.

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 Item #13. Page 19
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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.

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.

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.

9.5 Severability.

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 Item #13. Page 20
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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’s Authorized Initials ___________________
(Name, Title)
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation

Adam Raymond
City Manager

APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer

ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
(INSERT COMPANY NAME)

Name:(Insert Name),
Title: (Insert Title)
Email Address

Name:(Insert Name)
Title: (Insert Title)
Email Address

Address: Including City, State, Zip
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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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EXHIBIT “A”

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

Task 1. PROJECT MANAGEMENT
Task 1.1. Kickoff Meeting
Consultant will initiate a project kickoff meeting between City staff and the consultant team. This meeting will identify specific project goals, confirm reporting and communication procedures, and discuss any priority needs identified by the City. Data needs or gaps to be filled before beginning analysis on the project will be addressed at this meeting.

Consultant will provide an agenda prior and meeting minutes summarizing major topic discussions.

Task 1.2. Monthly Meetings
Consultant Project Manager Kanami Otani will hold regular (virtual) meetings with the City’s project team to discuss project milestones, activities, and issues; hold regular project management meetings with key consultant team staff to coordinate work efforts, check on task completion, and review budget conformance. Agendas will be provided for each meeting. As analysis begins and milestones are met, the team will provide PowerPoint presentations or similar visual materials and present as applicable. Additional project communication not addressed during the monthly meetings will occur via email or telephone.

Task 1.3. Project Management Tasks
Organization of overall progress, ensuring clear communication, and completing projects within the allocated budget, are all items to be monitored by the project manager. Project management tasks include but are not limited to, budget tracking, invoice preparation, working with urban forest technical team, and working with City staff to that satisfy the goals of the project.

Task 2. CITY DOCUMENTS REVIEW
Task 2.1. Review of Urban Forestry Manual
Consultant will conduct a comprehensive review of the City’s Urban Forestry Manual (Manual), most recently revised in 2018. The review will relate the current Manual to industry best management practices and identify gaps in anticipation of revision efforts.

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Task 2.2. Review of Related Ordinances and Municipal Codes For this task, Consultant will focus on a comprehensive review of the City’s tree ordinances and related municipal codes to ensure that they meet the standards of sustainable urban forest management. We will review the ordinances and codes to understand if they have clearly defined parameters for when a tree is considered protected and the process by which requests are considered for the removal of preserved trees. We will also examine if replacement planting requirements are directed towards the urban forest goals of the City and if penalties are sufficient to deter violation of the ordinance.

Consultant will provide a comparative analysis of nearby municipal urban forest programs and ordinances to evaluate how the City’s ordinance compares. This analysis will include a discussion of policies that might be appropriate to implement with new development. The initial review will highlight items that may need to be updated with consistency to the Manual revisions, or areas of improvement.

Task 2.3. Initial Comments
Initial comments from review of the Manual, ordinance, and municipal code, will be a redlined document with an attached summary of items to revise. The initial comments will be used to communicate considerations for revisions with the project team and identify any items that may require community input. Consultant requests comments and edits within a 2- week time frame to verify that the project timeline is met.

Task 3. TREE INVENTORY ANALYSIS – PUBLICLY MANAGED TREES Task 3.1. Tree Inventory Sustainability Analysis
Consultant will analyze inventory data of publicly managed trees to identify the species composition, health distribution, overall condition, and age distribution. Analyzing the inventory provides a framework for determining if the City is maintaining a healthy, climate resilient, and safe tree inventory compared to municipal urban forestry best management practices. Results inform urban forestry staff of climate change, water use, and species diversity considerations when selecting new tree species to plant in the City.

Task 3.2. Environmental Services and Economic Value of Current Inventory Using the i-Tree software, Consultant will analyze the tree inventory of publicly managed trees and calculate the economic value for the City of Glendora’s urban forest investments. Ecosystem services provided by the tree inventory will quantify economic value of carbon sequestration, Item #13. Page 26
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01240.0001/535308.1 A-3
average pollutant capture, avoided runoff, avoided emissions, and structural and functional value of trees. The calculated dollar amounts of these benefits provide useful data for education, long-term planning, and advocating for the urban forestry program and resources for maintenance.

Task 3.3. Recommended Tree Species List
Informed by climate change research, the Water Use Classification of Landscape Species tool, and Tasks 3.1 and 3.2, Consultant will develop a comprehensive recommended tree species list to guide selection of species for future tree planting. Recommended species will be suitable for the City’s current environmental conditions as well as anticipated conditions caused by climate change. Considerations for each species include:
 Appropriateness of the type of tree by location (“right tree, right place.”)
 Suitability for future climate conditions.
 Low water use.
 Pest and disease vulnerability.
 Species diversity guidelines.

Task 3.4. Memorandum on Tree Inventory Analysis
Consultant will prepare a memorandum summarizing findings on the publicly managed tree inventory.

Task 4. CANOPY COVER ANALYSIS – PUBLIC AND PRIVATE TREES Canopy cover analysis informs the City of the density and location of tree canopy on both private and public land. Aerial imagery is utilized to determine canopy cover by measuring the extent of tree foliage covering the ground when viewed from above. Urban trees provide shade benefits and reduce heat absorption, providing a comfortable outdoor environment for community members to enjoy.

Task 4.1. Canopy Cover and Land Classification Analysis The consultant’s canopy cover analysis will include all trees within City limits including public and private property. The project team will identify the most useful spatial breakdowns and perform analysis for up to three (3) delineations. Canopy cover analysis performed using aerial imagery from 2020 will establish a baseline of the City’s canopy cover, informing staff of the distribution of trees and tree density across the identified study areas. The land cover classification will include categories such as canopy, medium vegetation, low vegetation, water, bare ground, and impervious surfaces, providing a baseline of land use in the City. Both analyses allow Item #13. Page 27
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for future comparative analysis, informing staff of how land use has changed over time and if current management practices, ordinances and policies are effective in preserving and maintaining trees.

Task 4.2. Canopy Cover Memorandum
Findings from the canopy cover and land classification analysis will be summarized in a memorandum to inform staff on canopy cover density and land classifications throughout the City.

Task 5. URBAN FORESTRY MANUAL REVISIONS
Manual revisions will be a convergence of City-specific assets, needs, and desires with Consultant’s industry-specific expertise. The revision will ensure policies, guidelines, and maintenance practices found within the Manual align with urban forestry best practices. The Manual will be the City’s consolidated guide for best practices, tree care maintenance guidelines, and City requirements.

Task 5.1. Draft Revisions
Consultant will submit draft revisions to the City in document form. To verify that the revisions meet the needs of the City, Consultant requests comments and edits to the suggested revisions within a 3-week time frame. These edits will be incorporated in the final revisions.

Task 5.2. Protocol to Address Infrastructure Conflicts
A protocol to address tree and infrastructure conflicts and how to manage these trees will be developed. To create a usable protocol for the City Consultant requests comments and edits within a 3-week time frame.

Task 5.3. Final Revisions
Following the completion of the draft revisions review process, final revisions and protocol for infrastructure conflicts will be submitted for review. As the City Council meeting is scoped for the end of the project, the final revisions will be presented to the City Council at the discretion of the City.

Task 6. UPDATE AND ADOPTION
After recommended revisions are approved by City staff, Consultant will attend the necessary City Council, Committee, and Commission meetings to have Manual revisions adopted by the City.

Task 6.1. City Council Meeting (1)
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Consultant will provide a presentation, attendance, and support for adoption of the revised Urban Forestry Manual and, if applicable, municipal code revisions at one City Council meeting. The presentation will be reviewed by staff to verify that communication and objectives are clear for the presentation. Consultant will be present at City Council to support staff and answer any technical questions that may arise regarding the project.

Task 6.2. Committee and Commission Meetings (2)
Committee and commission meetings will follow standard procedures for each meeting. Visual aids or PowerPoint presentations will be created to show the progress of the project, milestones, and/or exercises to gather input.

Task 7. COMMUNITY ENGAGEMENT
The Consultant team will first consult with City staff to identify appropriate community engagement events or methods. The project team understands the importance of equitable community input and values the various perspectives that each level of invested parties will bring to the revision process. To verify that goals are met for each type of community input meeting, engagement materials will be prepared specifically for the audience to gain valuable feedback.

Task 7.1. Community Survey of Impactful Changes
Online surveys result in significantly higher public input than surveys conducted during community meetings. As such, we will develop a multilingual online survey using the Survey123 platform. Questions will consist of topics that may impact private residents through this Manual, ordinance, and municipal code update. Demographic questions will be included as well, so that our survey is equitably distributed and representative of the City’s community members.

Task 7.2. Task 7.2: Community Engagement Meetings (1)
Community meetings will first require coordination with City staff to identify key interested parties and community members who are impacted by Glendora’s community forest. The consultant team and City staff will work together to determine meeting topics, successful marketing methods, and the anticipated audience for each meeting. Topics such as infrastructure conflicts and right-of-way tree care, with strong community impact, opinion, or challenges, may be considered for these meetings to find solutions that work. Throughout the project, the Dudek team will provide feedback for, answer questions about, and provide insight into Item #13. Page 29
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professional urban forest standards and act as a consultant to staff as necessary.

Task 7.3. Task 7.3: Public Communication Infographics (3) Dudek’s graphic designers develop custom infographics that communicate the most complicated or contested concepts to the public. These infographics can be used in the Manual revision but also be utilized as an educational tool, allowing for further understanding and buy-in from the community for their urban forest.

Task 7.4. Task 7.4: Community Brochure
Community members often hold misconceptions about the frequency, need, and proper methodologies of tree care practices. Municipal urban forestry practices can differ from private property tree care which causes confusion and leads to educating community members on an individual basis. An easy-to-read, public-facing community education brochure informing the community of the City’s program and how it follows industry standards, help increase public understanding, build advocacy for urban forestry, and foster community support of the City program.

Dudek’s visual storytellers specialize in public communication and design education material with a goal to promote understanding to various audiences. These materials can be used after the project closes, adding long term value.

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

Task 1. PROJECT MANAGEMENT
 Meeting agendas and minutes
 Presentation material as applicable
Task 2. CITY DOCUMENTS REVIEW
 Comparative study on nearby municipal urban forest ordinances.  A redlined document of Manual, ordinance, and municipal code.  Initial comments summary.

Task 3. TREE INVENTORY ANALYSIS – PUBLICLY MANAGED TREES  Analysis of tree inventory in comparison to sustainability metrics.  Quantified values of tree inventory benefits.
 Memorandum on publicly managed tree inventory.
 Recommended species list.

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Task 4. CANOPY COVER ANALYSIS – PUBLIC AND PRIVATE TREES  Canopy cover analysis by three delineations. Canopy cover analysis by three delineations.
 Landcover classifications by land use type. Landcover classifications by land use type.
 Memorandum on canopy cover and land classification analysis.

Task 5. URBAN FORESTRY MANUAL REVISIONS
 Draft revisions for review.
 A draft and final protocol to address infrastructure conflicts.  Final revisions for the Manual aligning with current policies, ordinance, and municipal code.

Task 6. UPDATE AND ADOPTION
 Attendance to one (1) City Council meeting.
 Attendance to two (2) Committee and Commission meetings as deemed necessary.
 Presentation material as applicable.

Task 7. COMMUNITY ENGAGEMENT
 Online community survey.
 Presentations and engagement activities for community meeting, tailored to the audience
 Community input captured and analyzed to inform the revision process  Custom infographics to communicate arboriculture and urban forestry concepts to the public.
 Public-facing brochure to inform community members of urban forestry and arboriculture best practices and how the City is implementing their program.

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

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

A. Kanami Otani, Specialist III
B. Ryan Allen, Senior Specialist II
C. Alexandria Reed, Analyst V
D. Jared Davis, Analyst IV
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E. Rachel Conway, Analyst IV
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EXHIBIT “B”

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

I. None
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EXHIBIT “C”

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

TASK DESCRIPTION SUB‐BUDGET
Task 1 Project Management $10,755.20
Task 2 City Documents Review $15,350.00
Task 3 Tree Inventory Analysis ‐ Publicly Maintained Trees $7,495.00 Task 4 Canopy Cover Analysis ‐ Public and Private Trees $7,210.00 Task 5 Urban Forestry Manual Revisions $24,145.00
Task 6 Update and Adoption $9,060.80
Task 7 Community Engagement $19,770.80
Total: $93,786.80
II. 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.

III. 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.

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

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

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Exhibit C-1
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Exhibit C-1
01240.0001/535308.1 D-1
EXHIBIT “D”

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

Kickoff meeting to be scheduled within 15 working days following issuance of a purchase order.

II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Project schedule to be determined at kickoff meeting.

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

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REQUEST FOR PROPOSAL (“RFP”) #21/22-011
FOR

CONSULTANT SERVICES FOR THE DEVELOPMENT OF A COMPREHENSIVE

URBAN FOREST MANAGEMENT PLAN
City of Rancho Cucamonga
Procurement Division
10500 Civic Center Drive
Rancho Cucamonga, California 91730
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The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

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Glendora City CouncilJuly 9, 2024

Glendora City Council
July 9, 2024