Agenda packet — Glendora City Council, August 27, 2024 (part 2 of 3)

13150.005.001
Glendora Housing Authority as
Housing Successor to the Glendora
Community Redevelopment Agency
Annual Report
Fiscal Year
2022-23
January 2024
Prepared for:

Glendora Housing Authority
Prepared by:

Keyser Marston Associates, Inc.

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Annual Report
Glendora Housing Authority
Introduction
This document represents the annual report of the Glendora Housing Authority (“Authority”), acting as housing successor to the former Glendora Redevelopment Agency (“Former Agency”), as required pursuant to Section 34328 of the Health and Safety Code. Additional reporting requirements for housing successors were added by SB 341, which amended Section 34176 and added Section 34176.1 to the Health and Safety Code. Changes to the reporting requirements in Section 34176.1 were included in SB 107, which was enacted in September 2015 and became effective immediately. This annual report includes the reporting requirements of both Sections of the Health and Safety Code (34328 and 34176.1).

Section 34328 requires housing authorities to generally report on their activities for the preceding year.

Section 34176.1 requires housing successors to cause the preparation of annual audited financial statements and report on specific additional activities of the housing successor.

Redevelopment Dissolution Act
In December 2011, the California Supreme Court issued its opinion in the case of California Redevelopment Association, et al., v. Matosantos, et al. The Court upheld the right of the state to dissolve redevelopment agencies pursuant to Part 1.85 (commencing with Section 34170) of Division 234 of the California Health and Safety Code, enacted by AB x1 26, and as amended on June 27, 2012 by AB 1484 (the “Dissolution Act”), Based on modified timelines approved by the Court, all redevelopment agencies, including the Former Agency, were dissolved effective February 1, 2012. The City of Glendora elected to function as the successor to the Former Agency (“Successor Agency”) and to form a Housing Authority to serve as the governing body for the Former Agency’s low and moderate income housing assets. Under the Dissolution Act, successor agencies are charged with winding down the affairs of former redevelopment agencies and paying their obligations. Housing successor entities are different legal entities and have different duties under the Dissolution Act. Housing successors received the non-cash housing assets1 of former redevelopment agencies and are charged with monitoring and maintaining existing low- and moderate income housing assets and meeting outstanding requirements for former redevelopment agencies.

Under the Dissolution Act, housing successors have no ongoing revenue source except for program income (revenue generated by non-cash housing assets) and 20% of loan repayments, if any, made by successor agencies to cities as repayment of loans the cities made to the former redevelopment agencies under the special repayment provisions of the Health and Safety Code (Section 34191.4). In the City of Glendora, loan repayments from the Successor Agency to the City pursuant to a loan authorized for repayment under Section 34191.4 are currently being made.
1 In addition to non-cash housing assets, the Authority/City was able to retain any cash that was encumbered for specific housing obligations.

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Section 34328
Section 34328 requires that housing authorities prepare annual reports that contain information adequate for the City and the Department of Housing and Community Development (“HCD”) to determine that its activities meet the requirements of the laws governing housing authorities’ powers, specifically Section 34312.

Section 34312.3 allows housing authorities to:

1. Issue bonds,

2. Make or undertake construction or mortgage loans,

3. Purchase construction or mortgage loans,

4. Develop, rehabilitate, or finance housing projects,

5. Purchase, sell, lease, own, operate or manage housing projects, and

6. Convey surplus land it acquires from another public agency to a private entity for the development of single-family homes.

Section 34328 does not contain specifics as to what is to be included in the annual report nor are there other statutes that provide additional guidance or requirements. When contacted in connection with preparing another annual report, HCD provided little additional guidance except to suggest that housing authorities should report on their activities. They further noted that annual reports from housing authorities that have been submitted to HCD are not being analyzed or summarized because of a lack of resources at HCD. In accordance with this guidance and the requirements of Section 34328, the activities of the Authority are summarized below and quantified in the attached tables.

Housing Authority Activities
The Authority’s only ongoing source of revenues are monies received from loans and other assistance provided in previous years by either the Former Agency or the Authority, most of which do not have regularized payments. The Authority’s program revenues seem to be averaging about $150,000 per year if certain one-time revenues are excluded.2
Without consistent reliable funding, the Authority’s current and future efforts will be mostly focused on preserving and monitoring previously assisted low and moderate income housing units.

The Authority administers, monitors and maintains the following affordable housing projects:
 Heritage Oaks: A senior citizen complex at Glendora Avenue and the I-210 Freeway (Project Area 1).

Heritage Oaks consists of 157 senior rental units, a portion of which are rent restricted to very-low and low income seniors. The Authority leases the Heritage Oaks site to the owner of the complex. The Authority recently entered into a Settlement Agreement and the Third Amendment to the Disposition and Development Agreement with the owners of Heritage Oaks. As the result of that process, the 2 The Authority received one-time revenue of $575,739 as a result of selling its only land holding in 2014-15 and $1,015,230 was received in 2016-17 as additional rent because the Heritage Oaks property was refinanced. Per the terms of the Leasehold Agreement with the owner of Heritage Oaks, the Authority is due 20% of any proceeds realized from a refinance.

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number of affordable units has increased from 47 to 52. The affordability requirements will be in effect until at least 2065.
 Elwood Apartments: An 87 unit family apartment complex at Elwood Avenue and Route 66. All 87 units are rent restricted to low income households. The affordability requirements will be in effect until at least 2065.
 Habitat for Humanity: In 2008, the Former Agency acquired a vacant single family lot at 252 S. San Jose Avenue. The Former Agency subsequently entered into an affordable housing agreement with Habitat for Humanity for the construction of a new single family home. Pursuant to this agreement, the Former Agency contributed the land in exchange for a 45 year affordability covenant. During the 45 year period, the house may only be sold and occupied by a low income household. The house was completed and occupied in 2011.
 Affordable Housing Loans: The Authority administers home improvement and other affordable housing loans that were made by the Former Agency. These are loans that were made to assist eligible households’ purchase affordable housing and/or improve their existing homes.

Reporting Requirements from SB 341 / SB 107
SB 341 was enacted in 2013 and imposed different housing requirements on entities acting as housing successors to former redevelopment agencies, which requirements became effective starting January 1, 2014. Specifically, SB 341 amended Section 34176 and added Section 34176.1 to the Health and Safety Code. It applies to unencumbered funds held by housing successors and provides that these funds must be used as was previously required for monies in former redevelopment agencies’ low and moderate income housing funds. In addition, SB 341 restricts expenditures from the housing funds to assist moderate income households and provides new targets on the income levels housing successors must spend their funds to assist. The statutes were amended in 2015 by SB 107, which provided for some changes to the law, including allowing more money for administrative costs (5% of assets), and added more reporting requirements.

Specific Reporting per Section 34176.1
The current Section 34176.1 reporting requirements include 13 separate items on which the Authority must report. Many of the requirements involve simply reporting a number or numbers included in the Authority’s audited financial statements, which are included in the City’s Annual Comprehensive Financial Report (ACFR). Responses to all 13 items are included in Table 1. Those items which require additional calculation to document are included in Tables 2 through 5. A brief description of each of the 13 requirements as it applies in Glendora is also included below:

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1. 34191.4 Loan Repayments: Amount received from the Successor Agency equal to 20% of certain loan repayments between cities and successor agencies that are subject to Section 34191.4. While the Successor Agency provides such payments, they are made based on annual HCD approval.

2. Housing Fund Deposits: Amounts deposited into the Low and Moderate Income Housing Asset Fund (“LMIHAF”). Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

3. Housing Fund Balance: Balance in the LMIHAF as of the close of the fiscal year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

4. Annual Expenditures: A description of expenditures from the LMIHAF during the fiscal year by category.

The expenditures include, but are not limited to, the following:
 Monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered by the Former Agency or Authority and administering the activities of the housing successor. The Authority is allowed to spend up to the greater of $200,000 or 5% of the value of the Housing Assets Portfolio (defined and calculated in Section 5).  Homeless prevention and rapid rehousing services as follows:
 Up to $250,000 per year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance.  These funds can be used for the provision of short-term or medium-term rental assistance, contribution toward the construction of local or regional homeless shelters, housing relocation and stabilization services.
 Services provided with these funds can include housing search, mediation, outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.
 Eligible transfers to another housing successor for the sole purpose of the following are allowed if certain conditions are met (detail provided in Section 34176.1(c)(2)):
 Development of transit priority projects,
 Permanent supportive housing,
 Housing for agricultural employees,
 Special needs housing, or
 Regional homeless shelter.
 The development of housing in accordance with income targeting requirements(defined in Section 10).

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5. Non-Cash Assets: The statutory value of real property, if any, owned by the Authority, and the value of loans and grants receivable. The Authority has loans and grants receivables but does not own any land held for resale. The Authority does, however, own land subject to long term lease for a previously completed affordable housing project. It should be noted that the ACFR doesn’t include the Authority’s land in the LMIHAF fund but instead shows it in the Capital Assets fund.

6. Description of Transfers: If any transfers have been made to other housing successors in FY 2022-23, or transfers in previous years that are still unencumbered, a description of and status update on any projects for which transferred funds have been or will be expended if the project has not yet been placed in service. The Authority has not transferred funds to other housing successors.

7. ROPS Funding for Housing: A description of any project(s) for which the housing successor receives or holds property tax revenue pursuant to the ROPS and a status update of that project. The Authority does not have any housing projects it is funding through the ROPS process.

8. Duration of Land Held: A status update of the Authority’s compliance with 2014 restrictions on the length of time that land can be held by the Authority without being developed for housing. The Housing Authority sold the only property it held for resale during the 2014-15 fiscal year. As such, this section Is no longer applicable for the Authority. The Authority has also not purchased any land since 2012 with LMIHAFs.

9. Housing Production and Housing Replacement: A description of any progress that has been made on meeting any of the outstanding replacement housing obligations and/or housing production requirements per Section 33413 of the Health and Safety Code. Replacement housing obligations refer to the requirement that the redevelopment agencies replace any housing units that were destroyed directly or indirectly by the redevelopment agency. Housing production requirements refer to the obligation that redevelopment agencies had to ensure that 15% of all residential units constructed within the boundaries of redevelopment project areas remain affordable to very-low, low and moderate income households for specified periods of time. While these requirements are not really applicable since redevelopment dissolution, SB 107 appears to specify that any outstanding obligations of a redevelopment agency at the time of dissolution (February 1, 2012) under these provisions should be met by the housing successor. The Former Agency had no outstanding housing production or housing replacement obligations when it dissolved in 2012.

10. Expenditure Targeting by Income Level: The information required by 34176.1(a)(3)(B), which involves targeting expenditures of unencumbered funds from the LMIHAF mainly towards households with extremely-low, very-low and low incomes. Further, the statute requires that the Authority report the compliance with these requirements every five years, commencing with 2018-19 for the current five year period.
3 Since this restriction was enacted in January 2014, the Authority’s expenditures have been focused on preserving, monitoring and maintaining existing units. As a result, this section is not currently applicable. Expenditures made from the LMIHAF for the five-year period commencing in 2018-19 are shown in Table 2. However, the income targeting test does not need to be reported until the 2023/24 Annual Report.
3 Compliance with requirements for the previous 5-year period was demonstrated in the report prepared for the 2018-19 fiscal year.

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11. Expenditure Targeting by Age: Compliance with limitations on the number of assisted units that are restricted for seniors and assisted individually or jointly by the housing successor, its former redevelopment agency and/or the city within the previous 10 years. Because of the length of time that has elapsed since either the Authority or the Former Agency were active in assisting the development of affordable housing, no senior housing developments fall within the 2013 to 2023 timeframe outlined by the statute. See Table 3.

12. Excess Surplus: Compliance with current regulations restricting the amount of money that a housing successor can accumulate in the LMIHAF. As currently defined, excess surplus is an amount in the LMIHAF that exceeds the greater of $1,000,000 or the total amount deposited to the LMIHAF in the previous four years. Because of annual variations in the amount of one-time revenues the Authority has received, the cumulative amount of revenue deposited in the four prior years varies from year to year. The Authority had an excess surplus as of July 1, 2020 in the amount of $596,592, and was required to spend or encumber these excess funds before July 1, 2023 to avoid transferring the funds to the state. 4
See Table 4. During the 2022-23 Fiscal Year, the Authority encumbered $1.3 million in LMIHAF through a Purchase and Sale Agreement to purchase a 2.17 acre site for an eligible affordable housing project. Thus, the Authority has eliminated the excess surplus that was previously accrued during the 2019-20 Fiscal Year.

13. Homeownership Unit Inventory: An inventory of deed restricted homeownership units assisted by the Authority or Former Agency, including the number of units lost to the portfolio in the last fiscal year, the reason for that loss, and funds received by the Authority as a result of the loss of any of those units.

Finally, if the Authority has contracted with any outside entity for management of the homeownership units, the entity is to be identified. See Table 5.
4 The Authority can spend the surplus funds directly to assist in the development of eligible affordable housing projects or transfer the money to another entity for the development of transit housing projects.

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TABLE 1
ANNUAL REPORT REQUIRED BY SB 341 1
FISCAL YEAR 2022-23

GLENDORA HOUSING AUTHORITY
Description H & S Code Timeframe

1. Amount Received per Special City Loan (34191.4) 34176.1(f)(1) 2022-23 $90,688

2. Amount Deposited into LMIHAF During 34176.1(f)(2) 2022-23 $244,823 2 Amount Received per Special City Loan (34191.4) / ROPS Items $90,688 Other Amounts Deposited 154,135

3. Balance in the LMIHAF as of Fiscal Year End 34176.1(f)(3) 6/30/2023 $6,681,334 3 Bond Proceeds $0
Held for Items Listed on ROPS $0
Other Funds $6,681,334

4. LMIHAF Expenditures by Category 34176.1(f)(4) 2022-23 ROPS Related Monitoring & Administration $0 $489,169 2
Homeless Prevention & Rapid Rehousing $0 $0
Approved Transfers $0 $0
Housing Development $0 $0
Total LMIHAF Expenditures $0 $489,169
Allowable Administrative Costs at 5.0% of Assets 34176.1(a)(1) 6/30/2023 N/A $539,615 4 Max. Annual Transfer, if Eligible 34176.1(c)(2) 2022-23 $1,000,000 Max Annual Housing Prevention & Rapid Rehousing Expenditures 34176.1(a)(2) 2022-23 $250,000

5. Non-Cash Assets - Total 34176.1(f)(5) 6/30/2023 N/A $10,792,292 Statutory Value of Real Property (Land held for Resale) $0 Statutory Value of Real Property (Land held for Ground Lease in ACFR Capital Assets) $6,000,000 3 Loans and Grants Receivable $4,792,292

6. Description of Transfers to Other Housing Successors 34176.1(f)(6) Not Applicable

7. Projects with Funding Included on the ROPS 34176.1(f)(7) 2022-23 N/A None

8. Duration of Property Held 34176.1(f)(8) 6/30/2023 N/A Not Applicable 3 9 Obligations Outstanding per 33413 34176.1(f)(9) 6/30/2023 N/A Housing Production None 5
Housing Replacement None 5
10 Expenditure Targeting Requirements 34176.1(f)(10) 2022-23 N/A See Table 2 11 Rental Housing Units Restricted for Seniors 34176.1(f)(11) 6/30/2023 N/A See Table 3 12 Excess Surplus Calculation/Reporting 34176.1(f)(12) 7/1/2023 N/A See Table 4 13 Homeownership Unit Inventory 34176.1(f)(13) 6/30/2023 N/A See Table 5 1 2
3 4
5 Total
See preceding narrative for more complete description of each entry included on this table.

Revenues and expenses for 2022-23 include rental income, interest, a payment from the Successor Agency, staff salaries/benefits, payment on POB. Note a total of $78,650 in homeownership loans repaid in FY 2022-23 were recorded as revenue and receivables in the year the loans were issued, thus both payments were recorded against the receivable rather than as revenue in FY 22/23.

Maximum allowable administrative costs equals the greater of $200,000 or 5.0% of the statutory value of real property and loans/grants receivables.

The Former Agency had no outstanding housing production or replacement housing requirement when it was dissolved on February 1, 2012. Based on the 2012 Implementation Plan prepared by the Former Agency, there was a 127 housing production surplus and the Agency had not demolished directly or indirectly any units during the 2010 to 2012 period, and have fulfilled all past replacement housing obligations.

Low and Moderate Income Housing Asset Fund (LMIHAF)
Other Reporting Requirements
The Authority does not own any land held for resale. However, the book value for property owned by the Authority and ground leased for an affordable housing project is estimated at $6,000,000 in the Capital Assets account.

Housing Authority Annual Report Page 7 Table 1 2022-23
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TABLE 2

LMIHAF EXPENDITURE TARGETING REQUIREMENTS BY INCOME GROUP FISCAL YEAR 2022-23

GLENDORA HOUSING AUTHORITY
Annual Expenditures Breakout
Year 1
2019-20
Year 2
2020-21
Year 3 2021-
22 Year 4
2022-23
Year 5
2023-24 Total
Monitoring & Administration Expeditures $573,190 $155,950 $265,632 $489,169 $0 $1,483,941 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Housing Production Expenditures
Extremely-Low Income (30% AMI or Below) $0 $0 $0 $0 $0 $0 Very-Low / Low Income (31% to 59% AMI) $0 $0 $0 $0 $0 $0 Lower Income (60% to 80% AMI) $0 $0 $0 $0 $0 $0
Total Housing Production Expenditures $0 $0 $0 $0 $0 $0 Grand Total $573,190 $155,950 $265,632 $489,169 $0 $1,483,941 Income Targeting Tests Totals
As % of
Totals Status
Extremely-Low Income Expenditures $0 0.0% OK
Very-Low / Low Income Expenditures $0 0.0%
Lower Income Expenditures $0 0.0% OK
Total Housing Production Expenditures $0 0.0%
Homeless Prevention & Rapid Rehousing Services
Expenditures
Approved Transfers
Requirement
At Least 30% of Production
Expenditures for 5 Year Period
At Most 20% of Total Housing
Production Expenditures for 5 Year
Period
Housing Authority Annual Report Page 8 Table 2 2022-23
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TABLE 3

SENIOR HOUSING TARGETING REQUIREMENTS
PROJECTS ASSISTED IN THE LAST 10 YEARS (2013 - 2023)

GLENDORA HOUSING AUTHORITY
10-Year Period for Test Required by 34176.1(b) Type Year Built Units
Built 1
Affordable
Units Built 1
10 Year Total
2013 - 2023
Housing Production / Authority and Former RDA
No Age Restrictions 2
N/A N/A N/A 0 0 N/A
Total Families/Non-Age Restricted Units 0 0 0
Age Restrictions
N/A N/A N/A 0 0 N/A
Total Senior Units 0 0 0
Total Assisted Rental Units 0 0 0
Percentage Restricted for Seniors 0.0% 0.0%
Maximum Percentage Allowable: 3 50.0% 50.0%
1 2
3 The Authority is not over its maximum allotment for senior housing.

Excludes units that are occupied by on-site managers or are otherwise not income restricted. "No Age Restrictions" means units which are available to rent to all persons regardless of age.

Housing Authority Annual Report Page 9 Table 3 2022-23
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TABLE 4
EXCESS SURPLUS CALCULATION 1
PREVIOUS FOUR FISCAL YEARS (2018-19, 2019-20, 2020-21 AND 2021-22)

GLENDORA HOUSING AUTHORITY
Excess Surplus Calculation FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Available LMIHAF Balance Calculation
LMIHAF Balance as of July 1 2 $6,939,068 $6,955,793 $7,079,228 $7,076,542 $6,681,334 (Less) Land, Receivables, Payables, Liabilities & Other Encumbrances (4,743,296) (4,713,932) (4,786,945) (4,804,983) (6,127,198) (Less) Committed LMIHAF Funds 0 0 0 0 (1,300,000)
Available LMIHAF Balance as of 7/1 $2,195,772 $2,241,861 $2,292,283 $2,271,559 $554,136 Amounts Deposited into the Account in Prior 4 Years
2014-15 $787,365 N/A N/A N/A N/A
2015-16 $140,983 $140,983 N/A N/A N/A
2016-17 3 1,204,956 1,204,956 1,204,956 N/A N/A
2017-18 101,500 101,500 101,500 101,500 N/A
2018-19 N/A 197,830 197,830 197,830 197,830
2019-20 N/A N/A 593,114 593,114 593,115
2020-21 N/A N/A N/A 276,186 276,186
2021-22 N/A N/A N/A N/A 258,951
Housing Production / Authority and Former RDA $2,234,804 $1,645,269 $2,097,400 $1,168,630 $1,326,082 Maximum Unencumbered LMIHAF Balance:4 $2,234,804 $1,645,269 $2,097,400 $1,168,630 $1,326,082 Computed Excess Surplus N/A $596,592 $194,883 $1,102,929 N/A Date by which Excess Surplus must be encumbered: N/A 6/30/2023 6/30/2024 6/30/2025 N/A 1 2
3 4
Computed using the approach employed by the Authority's auditors in Fiscal Year 2017-18.

Includes $67,559 in funds transferred to the Housing Authority from the Successor Agency resulting from the requirements for the repayment of the City/Agency loans under H&SC Section 34191.4.

As a result of the Authority's Excess Surplus during Fiscal Year 19-20, the Authority was required to spend or encumber $596,592 on eligible costs within three years (by FY 2022/23). In FY 2022-23, the Authority encumbered $1.3 million on an eligible affordable housing project, thereby eliminating the excess surplus.

While the Authority does not own any land held for resale, the book value for property owned by the Authority and ground leased for an affordable housing project is estimated at $6,000,000 in the Capital Assets account.

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TABLE 5
HOMEOWNERSHIP INVENTORY REPORTING PER 34176.1(f)(13)
AS OF JUNE 30, 2023

GLENDORA HOUSING AUTHORITY
34716.1(F)(13), subsection FY 2022-23
A. An inventory of homeownership units assisted by the Former Agency: 1 Beginning Balance of Inventory of Homeownership Units Transferred to Authority in 2012 29 Units (Less) Homeownership Units Lost through June 30, 2022 (5 Units) (Less) Homeownership Units Lost During FY 2022-232 (2 Units) Ending Balance of Homeownership Units Inventory as of 6/30/2023 22 Units B.1 Number of units lost after June 30, 2022: 2 Units
B.2 Reasons for the Loss(es): Loan Repayment
C. Any funds returned to the Housing Successor: $78,650 D. Management of Single-Family Housing Units/Loans: AmeriNational 1 2 Loss of one Home Improvement Program (HIP) unit and one First Time Home Buyer (FTHB) unit.

Includes 252 S. San Jose Avenue, developed by Habitat for Humanity and 28 first-time homebuyer and rehabilitation loans.

Housing Authority Annual Report Page 11 Table 5 2022-23 Item #7. Page 14
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STAFF REPORT
TO: Mayor And Council Members DATE: August 27, 2024
FROM: City Clerk DISTRICT(S): Not Applicable
SUBJECT: Consider a City Council Resolution Conducting the 2024 Biennial Review and Amending the City of Glendora Conflict of Interest Code

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL CONDUCTING THE 2024 BIENNIAL REVIEW AND AMENDING THE CITY OF GLENDORA CONFLICT OF INTEREST CODE;” and 2. Authorize the City Manager (Chief Executive Officer) to sign the 2024 Local Agency Biennial Notice.

STRATEGIC FOCUS AREAS
 Not Applicable

EXECUTIVE SUMMARY
The Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially. The Conflict-of-Interest Code is the legal instrument requiring those individuals holding designated positions to disclose their financial interests to prevent any conflicts of interest. No, later than October 1st of every even-numbered year, each agency must submit to the code reviewing body a notice indicating whether an amendment is necessary. The City Council is the code reviewing body for city agencies.

Per Government Code § 87200-87204, City Council Members, Planning Commissioners, City Manager, City Attorney, and City Treasurer (Finance Director/City Treasurer) are automatically required to file an annual statement of their investments, interests in real property, and income and therefore do not appear on the Designated Positions List.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially. The City Council is the code-reviewing body for City agencies. Pursuant to Government Code Section § 87306.5, City departments must determine whether or not amendments to the Code are required and notify the City Council by October 1st of even-numbered years. (See California Government Code §82011 (c), §87306.5).

Glendora’s Conflict-of-Interest was last reviewed by the Glendora City Council on August 23, 2022, at which time modifications to the COI were approved.

DISCUSSION
The Political Reform Act (PRA) of 1974 requires, among other things, that local government agencies adopt and mandate a Conflict-of-Interest Code. Like most cities, the City of Glendora follows the fundamentals of a Conflict-of-Interest Code prepared by the Fair Political Practices Commission and codified in California Code of Regulations Title 2, Section 18730. This code establishes substantive Item #8. Page 1
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Staff Report Page 2 of 5
requirements for disclosing financial interests and disqualifying City employees and other officials from participating in decisions in which they might have private financial interests.

The Political Reform Act requires cities to review their codes on a biennial basis, during even-numbered years, to determine whether amendments to the Code are required and to ensure that the code reflects the organization’s current staffing. City records show that the City of Glendora first adopted the Conflict-ofInterest Code on June 24, 1980, and has periodically reviewed and revised the code in accordance with the PRA. The City Council is the code-reviewing body for city agencies. The City Council last updated the City’s code in August 2022.

Analysis
Under the PRA, the City must identify each employee position within the City of Glendora, which involves the making or participation in the making of governmental decisions that may foreseeably have a material effect on any financial interest of that employee. In addition, certain consultants in the city must also disclose their financial interests due to their making or participating in governmental decisions on behalf of the local agency. The designated employees make these disclosures on a form known as Statement of Economic Interests, Form 700.

Revisions to the Conflict-of-Interest Code of designated employees may be needed to account for the addition of positions that make or participate in making governmental decisions, the removal of positions that do not make or participate in making governmental decisions, and changes in listed position titles.

The exhibit attached to the resolution included with this report reflects these changes.

Certain positions (City Council Members, Planning Commissioners, City Manager, City Treasurer (Finance Director), and City Attorney) were left unlisted in the local code because they are already required by State Law (Government Code Section §87200) to disclose their financial interests. To maintain this distinction, these positions are noted as “Article II Filers” in Exhibit A.

Disclosure Categories
The PRA identifies four (4) basic types of financial interests that are subject to reporting by designated employees: (1) Investments, (2) Business Positions, (3) Sources of Income, and (4) Real Property Interests. Under the Act, the City’s Conflict-of-Interest Code requires designated employees to report those financial interests that may foreseeably be affected materially by any decisions made or participated in by the designated employee by virtue of their position. The disclosure categories accomplish this requirement by matching the employee positions with the types of reportable financial interests that may be affected by the performance of the employee’s duties. The City’s Conflict-of-Interest Code has three (3) disclosure categories.

Disclosure Category 1
Designated employees in Category 1 are required to provide the fullest disclosure including investments, interests in real property, sources of income, and reporting of business positions. This category is intended to cover employees with duties that are broad and indefinable who make or participate in making regulatory decisions. Employees in this group may also make or participate in making decisions affecting contracts.

Disclosure Category 2
Designated employees in Category 2 are required to report investments, business positions, and sources of income or gifts from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the City and/or a designated employee’s department or division.

This category covers designated employees who make or participate in decisions pertaining to contracting or purchasing but do not make or participate in regulatory decisions. Disclosure under this category is limited in scope to match the employee positions with the types of reportable financial interests that may be affected by the performance of the employee’s duties.

Item #8. Page 2
Meeting Date: 8/27/2024 / Packet Page #: 158
Staff Report Page 3 of 5
Disclosure Category 3
Designated employees in Category 3 are required to report investments, business positions, and income or gifts from sources subject to the city's regulatory, permit, or licensing authority.

This category covers those designated employees who make or participate in making decisions pertaining to or affecting interests in real property located in the City of Glendora but do not participate in making regulatory decisions. Disclosure under this category is limited in scope to match the employee positions with the types of reportable financial interests that may be affected by the performance of the employee’s duties.

To provide consistency across departments and to follow the City’s new signing authority, a complete review of the city’s code has been conducted. The following classifications are being removed from the code: Technicians, Supervisors, Analysts, Coordinators, and various other positions. A complete list of positions being removed is outlined under “Findings/Recommendation No. 3.” In addition, it is recommended that similar positions be designated to the same disclosure category.

Positions Category
Directors 1
Assistant Directors 1
Managers 2
Supervisors 2
Coordinators 2

FINDINGS/RECOMMENDATIONS
In accordance with Government Code § 87306.05, a review of the City’s Conflict of Interest Code has been conducted. The City Clerk/Communications Director consulted with the City Manager Department, City Attorney, and Executive Team, and it has been determined that amendments to the City’s list of designated filers are necessary to reflect the City’s current structure; otherwise, certain designated positions will not be properly required to file a Form 700.

The proposed resolution has incorporated the recommended amendments. Provided below is a complete breakdown of each amendment with a brief explanation for the change:
1) Position that must be designated not currently covered by COI Code:

Position Disclosure
Categories
Modifications
Business Services Manager 1 This position was added in March 2023 Deputy City Manager 1 This position was added in September 2023 Information Technology Project
Manager
2 This position was added in June 2022
2) Revised Disclosure Categories:

No Changes Required.
3) Positions, Title, and/or duties revised (listed by Alphabetical Order):

Position (Title Changes) Disclosure
Categories
Modifications
Community Services Director
Recreation & Human Services Director
1 The position title was changed in April
2024.

Economic Development and Housing
Manager
2 The position title was changed in April
2022.

Item #8. Page 3
Meeting Date: 8/27/2024 / Packet Page #: 159
Staff Report Page 4 of 5
Housing and Economic Development
Manager
Human Services Superintendent
Human Services Manager
2 The position title was changed in April
2024.

Landscape/Contracts Supervisor and
Parks Supervisor
Parks and Landscape Contract
Supervisor
2 Positions combined: Landscape/Contracts
Supervisor and Parks Supervisor in April
2024.

Community Services Director
Recreation Superintendent
Recreation Manager
1 The position title was changed in April
2024
4) Positions Eliminated/Removed from list:

Positions listed were removed after being deemed unnecessary to file a Form 700 - Conflict of Interest.

Position Disclosure
Categories
Modifications
Assistant Planner 3 Removed from list.

Associate Planner 2 Removed from list.

Civil Engineering Assistant 3 Removed from list.

Human Resources Analyst 2 Removed from list.

Human Resources Technician 3 Removed from list.

Information Systems Technology
Supervisor
2 Removed from list.

Landscape/Contracts Supervisor 2 Combined with Parks Supervisor position.

Management Aide 3 Removed from list.

Management Analyst/Senior
Management Analyst
3 Removed from list.

Office Coordinator 2 Removed from list.

Parks Supervisor 2 Combined with Landscape/Contracts
Supervisor
Payroll Accountant 3 Removed from list.

Police Lieutenant 2 Removed from list.

Police Records Supervisor 2 Removed from list.

Principal Planner 3 Removed from list
Recreation Supervisor 2 Removed from list.

Registered Associate Civil Engineer 3 Removed from list.

Records Supervisor 2 Removed from list
Risk Management Administrator 1 Position was eliminated Senior Human Resources Analyst 2 Removed from list.

Senior Planner 2 Removed from list.

Support Services Supervisor 2 Removed from list.

Water Production Supervisor 2 Removed from list.

Water Utility Supervisor 2 Removed from list.

Claims Adjustor (Consultants) 1 Removed from list.

Misc. Consultants 1 Removed from list.

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

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

Item #8. Page 4
Meeting Date: 8/27/2024 / Packet Page #: 160
Staff Report Page 5 of 5
Prepared By Lorena Cordova, City Clerk Specialist
Concurs With Not Applicable
Reviewed By Kathleen R. Sessman, City Clerk/Communications 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
B. 2024 Local Agency Biennial Notice
Item #8. Page 5
Meeting Date: 8/27/2024 / Packet Page #: 161
RESOLUTION CC 2024-___
A RESOLUTION OF THE CITY COUNCIL CONDUCTING THE 2024

BIENNIAL REVIEW AND AMENDING THE CITY OF GLENDORA

CONFLICT OF INTEREST CODE

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the Glendora City Council, which also serves as governing body for the Successor Agency of the former Glendora Community Redevelopment Agency, Glendora Housing Authority, and the Glendora Public Finance Authority previously adopted Resolution CC 2022-45, adopting by reference the model Conflict-of-Interest Code set forth in Section 18730 of the California Code of Regulations; and
WHEREAS, the City Council desires to add positions that must be designated; revise the titles of existing positions; and revise the disclosure category of existing positions.

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

SECTION 1. Rescind Resolution CC 2022-45 and any resolutions in conflict with this Resolution are hereby rescinded and repealed.

SECTION 2. The Political Reform Act, Government Code Section 81000, et seq., requires State and local government agencies to adopt and promulgate Conflict-of-Interest Codes.

The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard Conflict-of-Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission (“FPPC”) are hereby incorporated by reference and, along with the attached Exhibit A in which public officials and employees are designated and Exhibit B in which disclosure categories are set forth, constitute the Conflict-of-Interest Code of the City of Glendora, which is considered the "agency" within the purview of the Code.

SECTION 3. In 2013, the City of Glendora received authorization from the FPPC to file statements of economic interest with the FPPC electronically.

SECTION 4. Designated employees shall file their statements with the City Clerk, who shall be and perform the duties of filing officer for the City of Glendora. Statements will be available for inspection and reproduction pursuant to Government Code Section 81008. Statements for all designated employees will be retained by the City Clerk.

SECTION 5. Exhibit A (Listing Government Code Section 87200 et seq. [Regs. § 18730(b)(3)] Article II Filers and Designated Employees and their disclosure categories) attached hereto amend and supersedes all previous Exhibit A attachments to the City’s Conflict-of-Interest Code.

Item #8. Page 6
Meeting Date: 8/27/2024 / Packet Page #: 162
Resolution CC 2024-____ Page 2 of 6
SECTION 6. Exhibit B (Explanation of disclosure categories) attached hereto amends and supersedes all pervious Exhibit B attachments to the City’s Conflict-of-Interest Code.

SECTION 7. The Mayor shall sign this Resolution and the City Clerk/Communications Director shall attest and certify to the passage and adoption of this Resolution; and the same shall take effect and be in force adoption by the City Council.

SECTION 8. The City Clerk/Communications Director is hereby directed to forward a copy of this resolution to the Glendora Human Resources Division.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Glendora on this ____ day of August, 2024.

BY:

MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the _____ day of _______, 2024, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #8. Page 7
Meeting Date: 8/27/2024 / Packet Page #: 163
Resolution CC 2024-____ Page 3 of 6

EXHIBIT A

DESIGNATED EMPLOYEES
The positions listed below are designated positions and the individual occupying each position is deemed to make, or participate in the making of, decisions which may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Exhibit B.

POSITION DISCLOSURE CATEGORIES
Accounting Manager 1
Assistant City Manager 1
Assistant Director - Finance 1
Assistant Director - Human Resources 1
Assistant Public Works Director 1
Building Inspector 3
Building Official 2
Business Services Manager 1
Chief of Police 1
City Clerk/Communications Director
(Also serves as Secretary to Housing Authority, Successor Agency of the former Glendora Community Redevelopment Agency and Oversight Board.)
1 City Planner 1
City Manager Reference GC§ 87200-87210
Community Development Director
(Also serves as Assistant Executive Director to Housing Authority and Successor Agency of the former Glendora Community Redevelopment Agency)
1 Construction Inspector 3
Deputy City Clerk/Records Manager 1
Deputy City Manager 1
Facilities Maintenance Supervisor 2
Finance Director (Also serves as City Treasurer) Reference GC§ 87200-87210 Housing and Economic Development Manager 2
Human Services Manager 2
Information Technology Director 1
Information Technology Project Manager 2
Library Director 1
Library Services Manager 2
Parks and Landscape Contract Supervisor 2
Payroll Supervisor 2
Plans Examiner 3
Police Captain 1
Principal Civil Engineer 2
Public Works Director 1
Public Works Maintenance & Operations Manager 2
Public Works Maintenance & Operations Supervisor 2
Purchasing Coordinator 2
Recreation and Human Services Director 1
Recreation Manager 2
Transportation Manager 2
Water Division Manager 2
Item #8. Page 8
Meeting Date: 8/27/2024 / Packet Page #: 164
Resolution CC 2024-____ Page 4 of 6

CITY BOARDS, COMMISSIONS AND COMMITTEES DISCLOSURE CATEGORIES Board of Library Trustees 1
Community Services Commission 1
Water Commission 1

CONSULTANTS DISCLOSURE CATEGORIES
Interim Staff 1
Outside Attorneys
(e.g., Water Rates, Assessment District, etc.)
1 Special Counsel 1
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Manager or a designee may determine in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements (See Consultant Conflict of Interest Questionnaire). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

See
Consultant
Conflict
of
Interest
Questionnaire
Item #8. Page 9
Meeting Date: 8/27/2024 / Packet Page #: 165
Resolution CC 2024-____ Page 5 of 6

ARTICLE II FILERS
Government Code Section §87200 et seq. [Regs. § 18730(b)(3)] The Mayor and City Council Members (also serve as the Successor Agency of the former Community Development Agency, Glendora Housing Authority and the Glendora Public Finance Authority); Planning Commission; the City Manager (also serves as the Executive Director of the Successor Agency of the former Community Redevelopment Agency, Glendora Public Financing Authority and Glendora Housing Authority), the City Attorney (also serves as the Attorney of the Successor Agency of the former Community Redevelopment Agency and Glendora Public Financing Authority and Housing Authority Counsel), the City Treasurer (also holds the positions of the Director of Finance, Finance Officer, Purchasing Agent), are NOT included as “designated positions” as the disclosure obligations for these positions are set forth by Government Code Section §87200, et. seq. Listed below for your reference is their disclosure categories.

POSITION DISCLOSURE CATEGORIES
Mayor and City Council Members Reference GC §87200-87210 Planning Commissioners Reference GC§ 87200-87210
City Manager Reference GC§ 87200-87210
City Attorney Reference GC§ 87200-87210
City Treasurer Reference GC§ 87200-87210
Item #8. Page 10
Meeting Date: 8/27/2024 / Packet Page #: 166
Resolution CC 2024-____ Page 6 of 6

EXHIBIT B

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned.

CATEGORY 1: DESIGNATED POSITIONS WITH DUTIES THAT ARE BROAD

AND INDEFINABLE
Positions in this category shall disclose: All investments, business positions in, and income or gifts from sources located in or doing business in the City of Glendora, interests in real property located in the City or within the City’s sphere of influence, including property located within a two-mile radius of the City of Glendora or of any property owned or used by the City of Glendora.

CATEGORY 2: DESIGNATED POSITIONS WITH DUTIES THAT INVOLVE

CONTRACTING OR PURCHASING
Positions in this category shall disclose: All investments, business positions in, and income or gifts from sources that provide services, supplies, materials, machinery or equipment of the type utilized by the city and/or a designated employee’s department or division.

CATEGORY 3: DESIGNATED POSITIONS WITH REGULATORY POWERS Positions in this category shall disclose: All investments, business positions in, and income or gifts from sources that provide services of the type utilized by the designated employee’s department or from sources that are subject to the regulatory, permit or licensing authority of the City. Interests in real property located in the City of Glendora.

Item #8. Page 11
Meeting Date: 8/27/2024 / Packet Page #: 167
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

Item #8. Page 12
Meeting Date: 8/27/2024 / Packet Page #: 168

STAFF REPORT
TO: Mayor and Council Members DATE: August 27, 2024
FROM: Finance DISTRICT(S): Citywide
SUBJECT: Award a Consultant Services Agreement with HdL Coren & Cone for Property Tax Analysis and Audit Services for a 5-Year Term in an amount not to exceed $95,425

RECOMMENDATION
That the City Council:

1. Award a Consultant Services Agreement with HdL Coren & Cone in an amount not to exceed $95,425 for Property Tax Analysis and Audit Services;

2. Authorize a 10% contingency in an amount not to exceed $9,550 of the original contract amount; and

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

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

EXECUTIVE SUMMARY
The City’s most recent agreement with HdL Coren & Cone (HdLCC) went into effect in January 2003, 21 years ago. The City and HdLCC staff agreed to review and negotiate the current agreement for extension. Since January 2003, the City has grown in size by 887 parcels and HdLCC has created new products and reports to keep up with the City’s needs. HdLCC continues to provide responsive services to the City’s requests.

The annual fee included in the agreement includes a 10% or $1,735 increase in the City’s current fee ($17,350 to $19,085). This new contract shall be adjusted annually for the increase in the Consumer Price Index (Los Angeles-Anaheim) as measured from February to February by the Consumer Price Index for All Urban Consumers.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On January 14, 2003, City Council approved the award of a Consultant Services Agreement with HdLCC for property tax analysis and audit services.

DISCUSSION
HdLCC has been providing property tax solutions since 1992 which includes property tax consulting and audit services. HdLCC is the leading firm in California for these types of services and has contracts with over 240 California public agencies. They maintain property data covering 44 counties and associated cities.

HdLCC has extensive experience in property tax analysis, revenue forecasting and property tax audits.

The City develops its annual revenue budget and mid-year budget reviews from HdLCC’s property tax revenue forecasting.

Item #9. Page 1
Meeting Date: 8/27/2024 / Packet Page #: 169
Staff Report Page 2 of 2
The existing agreement has been in place since January 2003. The new Agreement proposes to increase the annual service fee from the current $17,350 to $19,085, an increase of 10%. The new rate shall be adjusted annually by the annual increase in the Consumer Price Index (Los Angeles-Anaheim) as measured from February to February by the Consumer Price Index for All Urban Consumers. The term is for five years and shall be automatically extended from year to year until a termination notice is given.

With an extensive database and sophisticated analysis and software, HdLCC has been providing the City with effective and informative property tax reports. Staff recommends that the City Council approve the Agreement and authorize the City Manager to execute the Agreement so that the City can continue to utilize HdLCC’s services in providing essential property tax management services.

FISCAL IMPACT
Sufficient funds are available in the Adopted FY 2024-25 Mid-Cycle budget in the General Fund (101) in the amount of $25,000.

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines Prepared By Kyle Johnson, Finance Director/City Treasurer Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer Certified to Availability of Funds Marie Ricci, Deputy City Manager Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Consultant Services Agreement
Item #9. Page 2
Meeting Date: 8/27/2024 / Packet Page #: 170

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and

HDL COREN & CONE
Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 3
Meeting Date: 8/27/2024 / Packet Page #: 171
Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND

HDL COREN & CONE
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 HDL COREN & CONE, 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.

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 Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 4
Meeting Date: 8/27/2024 / Packet Page #: 172
Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-2 professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 5
Meeting Date: 8/27/2024 / Packet Page #: 173
Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-3 the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 6
Meeting Date: 8/27/2024 / Packet Page #: 174
Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-4 Consultant’s Authorized Initials ___________________
Nichole Cone – Morishita, CFO
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

1.6 Familiarity with Work.

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

1.7 Care of Work.

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

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1.8 Further Responsibilities of Parties.

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

1.9 Additional Services.

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

1.10 Special Requirements.

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

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. Except as otherwise set forth in the Schedule of Compensation, the total compensation, including reimbursement for actual expenses, shall not exceed $95,425 (Ninety Five Thousand Four Hundred Twenty Five Dollars) for the initial five (5) year term of this Agreement, and thereafter, the compensation due to Consultant shall be as approved pursuant to the terms and conditions set forth in the “Schedule of Compensation” attached hereto as Exhibit “C” (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

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2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor 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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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-7 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.

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:

Nichole Cone-Morishita, Chief Financial Officer
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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.

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” of City shall be the City Manager of the City 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 Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 11
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-9 time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-10 (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 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.

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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-11 (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. (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 Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 14
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-12 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;
(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;
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-13 (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

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 Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 16
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-14 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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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-15 (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

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

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 18
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-16 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.

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 Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 19
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-17 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 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.

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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-18 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.

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.

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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-19 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. 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 Agreement based on the form of signature.

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 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 Docusign Envelope ID: 0035F175-208F-4AC9-94A8-DB6166940C14 Item #9. Page 22
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-20 payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________
Nichole Cone-Morishita, CFO
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 – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-21 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:

HDL COREN & CONE, a California corporation
Name: Paula Cone
Title: President
Email Address: [email protected]
Name: Nichole Cone-Morishita
Title: Chief Financial Officer
Email Address: [email protected]
Address: 120 S. State College Blvd., Suite 200,
Brea, CA 92821
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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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-22 EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant (also referenced below as the “CONTRACTOR”) will perform the following Services for the City of Glendora (“CITY”):

A. Base Services
i. Analysis And Identification Of Misallocation Errors:

1. In the first year of this Agreement, and as deemed necessary thereafter by CITY, CONTRACTOR shall conduct an analysis to identify and verify the CITY parcels on the secured Property Tax Roll which are not properly attributed to the CITY, and will provide the correct Tax Rate Area (TRA) designation to the proper Los Angeles County (“County”) agency. Typical errors may include parcels assigned to incorrect TRAs within the CITY or an adjacent city, and TRAs allocated to wrong taxing agencies.

2. CONTRACTOR shall annually reconcile the annual auditorcontroller assessed valuations report to the assessor's lien date rolls and identify discrepancies.

3. CONTRACTOR shall annually review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available).

4. CONTRACTOR may be required, at the discretion of the Contract Officer, to audit general fund or tax increment property tax revenue or other revenues attributable to the CITY departments, and districts (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; County allocation and payments reviews).
ii. Annual Services - Annually, after the Property Tax Roll is available:

1. CONTRACTOR shall establish a Data Base for CITY available through CONTRACTOR’s online property tax application.

2. Utilizing the Data Base, CONTRACTOR will provide:
a. A listing of the major property owners in the CITY,
including the assessed value of their property.

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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-23 b. A listing of the major property tax payers, including an estimate of the property taxes.
c. A listing of property tax transfers which occurred since the prior lien date.
d. A listing of parcels that have not changed ownership since the enactment of Proposition XIIIA.
e. A comparison of property within the CITY by County-use code designation.
f. A listing by parcel of new construction activity to identify non-residential parcels with new construction activity and to provide reports for use in the CITY's preparation of Gann (Propositions 4 and 111) State Appropriation Limit
calculations.
g. A listing of multiple owned parcels.
h. A listing of absentee owner parcels.
i. Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by the CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of the CITY.
j. Development of historical trending reports involving taxable assessed values for the CITY, median and average sales
prices and related economics trends.
k. Upon written request of the CITY, analyses based on
geographic areas designated by the CITY to include assessed valuations and square footage computations for use in
community development planning.
l. One and five-year budget projections for the CITY’s general fund and special districts. This report shall be interactive for tax modeling.

3. Addendums as needed to reconcile preliminary and final reports. iii. Successor Agency Services - Successor Agency Services including but not limited to:

1. Annual tax increment projections and, as requested, cash flow analysis for the Successor Agency of the City of Glendora (“Successor Agency”) by Project Area.

2. Review of Redevelopment Obligation Payment Schedules (ROPS) as requested.

3. Provide property tax information to the Oversight Board at the direction of the Successor Agency.

4. Provide access to the Oversight Board to City and former redevelopment agency documents at the direction of the Successor Agency.

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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-24

5. Monitor the County distribution of tax-sharing revenues to the taxing entities of the former redevelopment agency.

6. Advice and consultation on the City/Successor Agency’s preparation of required reports, such as revenue projections; review of Recognized Obligation Payment Schedules (ROPS), submittals to the Oversight Board and/or County or State agencies, and new or revised legislative requirements.

7. Analysis of legislative and judicial matters impacting Redevelopment Property Tax Trust Fund (RPTTF) revenues to the Successor Agency and to the City.
iv. Quarterly Services/Monthly Services - The CONTRACTOR shall perform the following services quarterly:

1. A listing of property tax appeals filed on properties in the CITY (selected counties).

2. A listing of property transfers that have occurred since the last report.

3. Monthly update of CONTRACTOR’s web-based software program to include parcel transfer data and, in select counties, appeal updates.
v. On-Going Consultation - During the term of this Agreement, CONTRACTOR will serve as the CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues. On-going consultation would include, but not be limited to, inquiries resolved through use of the CITY's data base.

B. OPTIONAL SERVICES - The following services are available on a time and materials basis:
i. Specified Data - Generation of specialized data-based reports which would require additional programming, the purchase of additional data, costs for County staff research, or similar matters, which are not otherwise referenced above.
ii. County Research - Any research with County agencies for which CONTRACTOR does not have a current database.
iii. Bond Services - Bond services are available for a fixed negotiated fee, including:

1. Tax Allocation Bonds fiscal consultant reports

2. Mello-Roos Special Tax studies
iv. Additional Meetings Requested - Meetings in excess of the annual meeting to review the analysis of property tax data, trending information, and other findings, as may be necessary
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Agreement – HdL Cone & Coren (Property Tax Svcs.) 08.27.2024 A-25 II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. 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.

III. Consultant shall utilize the following personnel to accomplish the Services:

A. Partner
B. Principal
C. Programmer
D. Associate
E. Senior Analyst
F. Administrative
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01240.0001/967961.1 B-1
EXHIBIT “B”

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

2.4 Invoices.

Each month quarter Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month quarterin 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.

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 for an initial term of five (5) years from the date hereof, and shall be automatically extended from year to year thereafter, unless a written notice of termination is delivered from City to Consultant prior to the applicable annual renewal date of the term of this Agreement. except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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01240.0001/967961.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Except as set forth in paragraphs II, III, and IV below, the Contract Sum shall not exceed $19,085 on an annual basis for the Base Services described in Exhibit “A” Scope of Services. The annual fee of $19,085 shall be invoiced quarterly.

The annual fee / compensation due to Consultant shall be adjusted annually by the annual increase in the Consumer Price Index (Los Angeles-Anaheim) as measured from February to February by the Consumer Price Index for All Urban Consumers (CPI-U).

II. Fees for Optional Services as outlined in the Scope of Services above (except the Bond Services set forth in Section I.B(iii) of the Scope of Services) shall be billed at the following hourly rates:

DESCRIPTION RATE
A. Partner $250 per hour
B. Principal $225 per hour
C. Programmer $200 per hour
D. Associate $175 per hour
E. Senior Analyst $125 per hour
F. Analyst $90 per hour
G. Administrative $70 per hour
III. Fees for Bond Services set forth in Section I.B(iii) of in Exhibit “A” (Scope of Services) shall be determined depending upon the complexity of the bond issue and the time available for completion of the task and will be mutually agreed to be the Parties.

IV. For the Base Services set forth in Section I.A.i of Exhibit “A”, CONTRACTOR shall be entitled to receive, on a contingent basis, 25 percent of any misallocated revenue attributable to CITY departments, districts, or funds recovered or reallocated which are directly or indirectly the result of an audit, analysis or consultation performed by CONTRACTOR (including but not limited to Base Year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation reviews).

CONTRACTOR shall separate and support said reallocation and provide CITY with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation.

CITY shall pay audit fees incurred by CONTRACTOR after CONTRACTOR’s submittal of evidence that corrections have been made by the appropriate agency and the receipt of revenues by the City. Payment to CONTRACTOR shall be made within thirty (30) days after CITY receives its first remittance advice during the fiscal year for which the correction applies.

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01240.0001/967961.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the requirements of the Contract Officer and for certain deliverables set forth in the Scope of Services, in accordance with the following schedule:

TIMELINE FOR DELIVERABLES
July/August Data available for purchase from Counties
September 30 Data available on Consultant’s web-based property tax application September/October Unsecured audits performed and forwarded to the County assessor October Tax appeals quarterly updates
October-February Delivery of preliminary property tax reports January Tax appeals quarterly updates emailed in counties where the data is available
January/February General Fund Budget Projections
April Tax appeals quarterly update
April/May Final Books – Addendums emailed to clients
July Tax appeals quarterly update
Ongoing Secured Audits – City
Property sales reports
City and Successor Agency mid-year budget reviews and
projections
Analytical work at the request of clients
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STAFF REPORT
TO: Mayor and Council Members DATE: August 27, 2024
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Approval of Amendment No. 1 to the Agreement for Services between Environment Planning Development Solutions, Inc. dba EPD Solutions and the City of Glendora dated May 24, 2022, for additional environmental services related to the North Glendora Reservoir replacement project in an amount not to exceed $86,597 for the additional services.

RECOMMENDATION
That the City Council:

1. Approve Amendment No 1 to the Agreement for Services between Environment Planning Development Solutions, Inc. dba EPD Solutions and the City of Glendora dated May 24, 2022, extending the term of the agreement and increasing the contract sum by $86,597 to a total amount not to exceed $172,617;

2. Authorize the City Manager to execute Amendment No. 1, including minimal and/or nonsubstantive changes; and 3. Authorize the City Manager to extend the term of the agreement by two additional one-year periods.

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

EXECUTIVE SUMMARY
The City of Glendora (City) maintains a community water system consisting of one disinfection plant, eight active wells, twenty booster pump stations, twenty-eight reservoirs, and approximately two hundred twenty-seven miles of pipeline. The State Water Resources Control Board’s Division of Drinking Water (DDW) inspected the City’s water system in October 2021 and significant age-related deterioration of North Glendora Reservoir was noted along with other concerns. The City submitted a corrective action plan to the DDW which included the replacement of North Glendora Reservoir on February 16, 2022.

On May 24, 2022, the City Council awarded a professional services agreement to Environment Planning Development Solutions, Inc. dba EPD Solutions (EPD) for environmental services related to the design and construction of the North Glendora Reservoir Replacement project (Project). The original contract amount of $86,020 was predicated on an expedited timeline and limited project management costs.

The Project has undergone changes in scope related to design revisions, access and easement issues, and multiple delays resulting in three amendments to the scope of work. The changes to the scope of work include the addition of rare plant focused surveys and report services, public outreach, air quality and greenhouse gas emissions modeling for offsite roadway improvements, revisions to the draft Initial Study/Mitigated Negative Declaration (IS/MND), additional project management, and increased expenses for distribution of notices and circulation of the IS/MND. Since the design of the project is not finalized, additional services may be required for technical analysis of design changes, changes to roadway alignments, or other issues that arise during construction of the project. A twenty-five percent contingency is included in the proposed contract sum for this potential future work. The estimated additional cost, including contingency, for environmental services related to the Project is $86,897. The adopted budget Item #10. Page 1
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Staff Report Page 2 of 4
includes sufficient funding in account 50200990-70000, project number 6022106, to cover these additional expenses.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The State Water Resources Control Board and the Division of Drinking Water within the State of California have legislation and regulations in place to ensure the safety, reliability, and quality of drinking water, including measures to maintain and fix reservoirs.

On October 6, October 27, and October 28 of 2021, The DDW conducted an inspection of the City’s water system which focused on water sources, treatment, distribution, storage, pumps and controls, water quality, system management, and operator compliance. The inspection report was released to the City on February 3, 2022. The City submitted a corrective action plan to address concerns listed in the report, including the replacement of North Glendora Reservoir, on February 16, 2022.

On May 24, 2022, the City Council awarded a professional services agreement to Environment Planning Development Solutions, Inc. dba EPD Solutions for the preparation of documentation required by the California Environmental Quality Act (CEQA) and associated environmental services for the North Glendora Reservoir Replacement project (Project).

DISCUSSION
The City maintains a community water system consisting of one disinfection plant, eight active wells, twenty booster pump stations, twenty-eight reservoirs, and approximately two hundred twenty-seven miles of pipeline. The federal Environmental Protection Agency requires that community water systems be inspected every five years. These inspections ensure compliance with the federal Safe Drinking Water Act. The State Water Resources Control Board’s Division of Drinking Water (DDW) conducts these inspections and documents the findings in a sanitary survey report. Inspections are a primary tool used to protect public health and ensure that public water systems are able to consistently and reliably deliver an adequate quality and quantity of safe drinking water to the public.

The DDW has determined that the City is capable of providing a continuous supply of safe, wholesome, potable water to its customers. However, several concerns were identified in the sanitary survey report including the deterioration of North Glendora Reservoir, and inadequate air gap placement on various other reservoir and well systems. These concerns require immediate attention including the development of a corrective action plan within 30 days of notification (February 3, 2022) and a mandatory check in within 120-days to confirm that the City is in compliance with the state-approved plan. The City submitted a corrective action plan which included the replacement of North Glendora Reservoir on February 16, 2022. The DDW approved the City’s plan on February 23, 2022.

On May 24, 2022, the City Council awarded a professional services agreement to Environment Planning Development Solutions, Inc. dba EPD Solutions (EPD) for the preparation of documentation required by the California Environmental Quality Act (CEQA) and associated environmental services for the North Glendora Reservoir Replacement project (Project). The original contract amount was $86,020, which was a reduced cost negotiated with EPD based on the City’s expedited schedule requiring all tasks to be completed within a six-month period. Since initiation of the Project, it has undergone multiple changes in scope related to design revisions, access and easement issues, and has faced delays and changes in City project managers.

EPD has recognized since the start of the project that the City faced the need to apply an aggressive schedule to the project due to commitments to the state. The aggressive schedule resulted in the need to address changes to the Project and field-adjust scopes quickly. Two proposed amendments to the Scope of Work under the Agreement have been approved by staff since project initiation and a third has been submitted by the Consultant to account for additional work requested by the City to meet CEQA requirements.

The first proposed amendment to the Scope of Work was approved by the City on April 18, 2023 and Item #10. Page 2
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Staff Report Page 3 of 4
added rare plant focused surveys and report services to the scope of work. The need for the rare plant survey was identified in the Biological Report completed in October 2022. The second proposed amendment to the Scope of Work was approved by the City on August 7, 2023 and included the addition of a public outreach component as well as increased project management costs due to the extension of the project timeline.

Design changes and issues regarding access to the project site resulted in the need for additional environmental services including air quality and greenhouse gas emissions modeling for offsite roadway improvements, revisions to the draft Initial Study/Mitigated Negative Declaration (IS/MND), additional project management costs, and increase expenses for distribution of notices and circulation of the IS/MND. Due to schedule constraints, the City gave the Consultant verbal direction to complete the aforementioned services. EPD performed the services and then submitted the third proposed amendment to the Scope of Work, dated May 22, 2024. Since the design of the project is still not finalized, additional environmental services may be required for technical analysis of design changes, changes to roadway alignments, or other issues that arise during construction of the project. A twenty-five percent contingency is included in the proposed contract sum for this potential future work. A breakdown of the original and amended costs is provided in the table below.

Amended Scope of Work Fees and Expenses
Task Description Original Award Amendment 1
4/18/2023
Amendment 2
8/7/2023
Amendment 3
5/22/2024 Amended Total
Task 1: Project Initiation and Project Description $ 4,120 $4,120 Task 2:Preparation ofTechnicalStudies
Task 2.1: Construction Trip Generation Analysis
(not to exceed) $ 2,800 ($ 2,060) $ 740
Task 2.2: Air Quality and Greenhouse Gas
Emissions Analyses $ 5,180 $ 5,180
Task 2.2.1 Air Quality and Greenhouse Gas
Emissions Modeling for Offsite Roadway
Improvements (NEW)
$ 3,500 $ 3,500
Task 2.3: Energy Analysis $ 2,800 $ 2,800
Task 2.4: Construction Noise and Vibration
Analysis
$ 6,310 $ 6,310
Task 2.5: Cultural and Paleontological Resources
Assessment $ 6,940 $ 6,940
Task 2.6: Biological Resources Assessment $ 8,230 $ 1,580 $ 647 $ 10,457 Task 2.7: 2023 Focused Rare Plant Survey $ 4,040 $ 4,040 Task 2.8: Focused Rare Plant Survey Report $ 3,250 $ 3,250 Task 3: Administrative Draft IS/MND $ 17,820 $4,500 $ 22,320 Task 4: Public Draft IS/MND $ 6,840 $4,500 $ 11,340
Task 5: Responses to Comments and Final IS/MND $ 8,270 $ 8,270 Task 6: Mitigation Monitoring and Reporting Program $ 2,460 $ 2,460 Task 7: Findings $ 3,140 $ 3,140
Task 8: Hearing $ 3,560 $ 3,560
Task 9: Project Management $ 6,050 $ 6,490 $ 11,400 $ 23,940 Task 10: Public Outreach - $ 3,700 $ 3,700
Expenses Budget $ 1,500 $ 500 $ 10,026 $ 12,026
Total $ 86,020 $ 8,870. $ 8,630 $ 34,573 $ 138,093
Contingency $34,524 $34,524
Total with Contingency $ 86,020 $ 8,870 $ 8,630 $ 69,097 $ 172,617

FISCAL IMPACT
Sufficient funds are available in the Adopted FY2023-2025 2-Year Budget for the North Glendora Item #10. Page 3
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Reservoir Replacement, in the Water Capital Projects Fund (502) project number 6022106, as detailed below:

Project Budget
Description Account No. Project No. Available Budget
(6/30/2024)
North Glendora Reservoir Replacement 50200990-70000 6022106 $7,701,765 Total Available Funds $7,701,765
Project Expenditures for Environmental Services
Description Account No. Project No. Amount
Original Contract Amount 50200990-70000 6022106 $86,020 Additions to Scope of Work
Amendment 1 50200990-70000 6022106 $8,870
Amendment 2 50200990-70000 6022106 $8,630
Amendment 3 50200990-70000 6022106 $34,573
Subtotal $52,073
25% Contingency 50200990-70000 6022106 $34,524
Total New Expenditures $86,597
New Contract Amount $172,617
Remaining Available Project Budget $7,615,168

ENVIRONMENTAL DETERMINATION
This activity is 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 and the appropriate level of environmental review and CEQA documentation is included in the scope of services.

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 Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Original Agreement
B. Amendment 1
Item #10. Page 4
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
EPD SOLUTIONS, INC.

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Environmental Consulting Services for North Glendora Water Tank 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND

EPD SOLUTIONS, INC
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 24th day of May, 2022 by and between the City of Glendora, a California municipal corporation (“City”) and EPD Solutions, 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.

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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Environmental Consulting Services for North Glendora Water Tank 2

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

1.4 California Labor Law.

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 ___________________
Jeremy Krout, 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: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 8
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Environmental Consulting Services for North Glendora Water Tank 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 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.
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Environmental Consulting Services for North Glendora Water Tank 5

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 $86,020 (Eighty-six Thousand Twenty Dollars) (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: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 10
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Environmental Consulting Services for North Glendora Water Tank 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.

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

4.1 Representatives and Personnel of Consultant.

Jeremy Krout, 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 Chisom Obegolu, 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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 12
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Environmental Consulting Services for North Glendora Water Tank 8 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.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

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Environmental Consulting Services for North Glendora Water Tank 9 (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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

5.3 Indemnification.

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Environmental Consulting Services for North Glendora Water Tank 11 To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 16
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Environmental Consulting Services for North Glendora Water Tank 12 completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 18
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Environmental Consulting Services for North Glendora Water Tank 14 to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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.
/ / /
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Environmental Consulting Services for North Glendora Water Tank 15

7.8 Termination for Default of Consultant.

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.

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

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 20
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Environmental Consulting Services for North Glendora Water Tank 16 that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

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.

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 ___________________
Jeremy Krout, 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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Environmental Consulting Services for North Glendora Water Tank 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

EPD Solutions, Inc.

Name: Jeremy Krout
Title: President & Secretary
[email protected]
Address: 2355 Main Street, Suite 100, Irvine, CA, 92614 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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May 26, 2022 | 7:58 AM PDT
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Environmental Consulting Services for North Glendora Water Tank 19

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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Environmental Consulting Services for North Glendora Water Tank 20

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:

A. Task 1. Project Initiation, Project Description and AB 52 i. Task 1.1 Project Initiation, Project Description and AB 52

1. As a first step in project implementation, EPD will coordinate with City staff to establish roles and protocols to guide communication between staff and EPD. The purpose of this step is to establish and maintain credibility with the community and ensure the legal defensibility of the CEQA documentation. This step will occur within five working days of receiving a notice to proceed.

2. EPD will schedule a project initiation meeting with City staff to:
a. Obtain background information on the project, project plans, additional existing relevant technical studies, and any other pertinent information;
b. Discuss any updates to the technical studies are needed; c. Discuss the team’s approach to the key issues and confirm project objectives;
d. Identify data needs and other information needed for EPD to complete its scope of work; and
e. Refine the project scope and environmental review
schedule.

3. EPD will also review project plans and other project documentation and any relevant regulatory documents and studies to assist in understanding the framework within which the project is going to be implemented.

4. In this first task, EPD will review the project plans and site conditions for CEQA streamlining opportunities (available, for example, for certain infill developments) and exemption options.

EPD will compare the project against the potential CEQA streamlining options and determine if additional information is needed. EPD will request additional information, as needed from the City to begin subsequent tasks. If streamlining or an exemption DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 26
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is suitable for the proposed project, EPD will prepare a letter describing the justification of the proposed finding. The letter will summarize the project, the site conditions, and explain why the streamlining or exemption applies. If there is no appropriate streamlining or exemption, EPD would proceed with Task 2.

5. On receipt of project design plans and existing studies, EPD will generate a detailed project description for use in technical study preparation and the CEQA document.

6. Also at this initial stage, EPD will assist the City in meeting Assembly Bill 52 (AB 52) requirements by drafting consultation letters and mailing to Tribal Representatives as determined by the City’s AB 52 Tribal Consultation list and/or as provided by the NAHC. If requested, EPD can manage the responses. We have extensive experience in conducting tribal consultations, and as a value-added service, EPD will assist the City with organizing and facilitating any required tribal consultations.

B. Task 2. Technical Studies
i. Task 2.1. Level of Service and Vehicle Miles Traveled Screening Analysis

1. EPD will prepare an analysis of the potential trip generation during construction of the proposed water tank. The trip generation will be analyzed using an operational methodology and will estimate construction trips using construction operations data.

2. Level of Service Screening Memo
a. EPD will prepare a trip generation for the total project trips, applying a passenger car equivalent (PCE) factor to trucks associated with the construction of the project. The table will be presented in the form of a technical memorandum analyzing the project based on the City of Glendora’s
Circulation Element in the General Plan. The proposal
includes one revision to the trip generation analysis.

3. Vehicle Miles Traveled Screening Memo
a. The City of Glendora adopted Vehicle Miles Traveled
(VMT) guidelines on July 14, 2020. EPD will use these
guidelines to conduct a screening analysis for the proposed project, which will be presented in a technical
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memorandum The proposal includes one revision to the
VMT screening analysis.
ii. Task 2.2. Air Quality and Greenhouse Gas Emissions Analyses

1. Project construction data will be collected to calculate construction emissions of criteria air pollutants and greenhouse gas emissions using the current version of the California Emissions Estimator Model (CalEEMod). The proposed operation is not expected to change; therefore, no operational analysis is required. The analysis will require:
a. Evaluate and quantify regional criteria pollutant and greenhouse gas emissions associated with demolition and construction activities for the proposed project utilizing the most recent CalEEMod Model. If significant emission
levels are found to be created from construction activities, feasible mitigation will be developed and quantified.
b. Evaluate local NOx, CO, PM-10, and PM-2.5 demolition and construction at the nearest sensitive receptors. The emissions will be compared against the SCAQMD LookUp Tables and will follow the methodology described in Localized Significance Threshold Methodology, prepared
by SCAQMD, July 2008.
iii. Task 2.3. Energy Analysis

1. An energy analysis will provide a CalEEMod-based quantitative analysis and discussion of project related energy use during construction.
iv. Task 2.4. Construction Noise and Vibration Analysis

1. A Construction Noise and Vibration Memorandum will be prepared, including the following:
a. Describe The Existing Regulatory Framework. Applicable State, County, and local noise criteria for the project area will be identified. Noise standards, including General Plan noise policies and Noise Ordinances, will be discussed. A summary of the fundamentals of noise and vibration will be provided. Noise level standards for the proposed land uses will be identified.
b. Assess Short-Term Construction Noise Impacts. Noise
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existing adjacent off-site uses, the length of a specific construction task, the equipment power type (gasoline or diesel engine), the load factor, and the percentage of time in use. The Federal Highway Administration (FHWA)
recommended equipment noise emission levels will be used to describe construction noise levels in terms of maximum instantaneous noise levels (Lmax) and hourly equivalent continuous sound levels (Leq). Potential construction noise impacts will be assessed based on the City’s Municipal
Code.
c. Assess Short-term Construction Vibration Impacts.

Vibration levels generated from project construction will be evaluated based on the equipment expected to be used and its distance to existing adjacent off- site structures. The FTA-recommended equipment vibration levels will be used to describe construction vibration levels in terms of the peak particle velocity (PPV, measured in inches per second [in/sec]) for potential building damage and vibration
velocity decibels (VdB) for potential human annoyance.

Potential construction vibration impacts will be assessed based on the sensitivity of the area directly adjacent to the project site and the FTA recommendations.
d. Identify Reduction Measures. If necessary, we will identify practical measures to address any potential short-term
construction and vibration impacts to acceptable levels.

Both an evaluation of the potential measures and a
discussion of their effectiveness will be provided.
e. Memorandum Preparation and Response to Comments. We
will complete the Construction Noise and Vibration
Memorandum. This scope of work includes report revisions and responses to one round of review comments.
v. Task 2.5. Cultural and Paleontological Resources Assessment

1. Archaeological records searches must be ordered for the property from the South Central Coastal Information Center (SCCIC) at Cal State Fullerton and the Native American Heritage Commission (NAHC). The results of the records searches will identify previous studies and previously registered cultural resources within or near the property. The receipt of records searches from the SCCIC may be delayed due to COVID-19 restrictions. If necessary, the survey and report will be completed with a provision that the record searches will be forwarded to the CVWD upon receipt.

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2. The approximately five-acre project will be surveyed by a qualified archaeologist. Should any cultural resources be identified during the survey, subsequent significance evaluations may be required.

Any additional efforts required will be presented in a subsequent proposal document.

3. A technical report will be prepared for use in the CEQA environmental review process. The archaeological report will provide the results of the previous studies, the updated record searches, data from field surveys, and NAHC consultation. For the purposes of this proposal, we will assume that the cultural resources report will be negative. If cultural resources, either historic or prehistoric, are identified on the property as a result of the records information or the field inspection, CEQA protocol will require that the resources be evaluated for significance and potential impacts analyzed. Significance testing will not be included in this proposal but will be discussed in a scope and budget addendum if needed.
vi. Task 2.6. Biological Resources Assessment

1. Prior to conducting a field survey, a literature review will be conducted to include, but not necessarily be limited to, a current California Natural Diversity Database (CNDDB)/California Native Plant Society (CNPS) search for records of sensitive biological resources in the project vicinity, USFWS Critical Habitat query, the USDA Web Soil Mapper, National Wetlands Inventory, and any other previous reports prepared for the project site or nearby project sites, if provided to our team. The overall literature review will extend to 3 miles surrounding the Project site. A table of the results and a map of sensitive resources in the project vicinity will be prepared.

2. Following the literature review, a field survey will be conducted by two qualified biologists. The survey area will include the project footprint plus a 500-foot buffer for sensitive biological resources.

The general methodology of the field survey is to visually confirm the presence or absence of special-status species habitat, vernal pools, potentially jurisdictional waters, riparian/riverine habitat narrow endemic plant species habitats, and/or any other unique biological resources that could be affected within 500 feet of the project. Habitats will be characterized based on dominant plant species coverage, existing conditions, evidence of
alteration/disturbance, and other variables, and will then be crossreferenced with the habitat requirements for the environmental elements that resulted from the literature review. Vegetation DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 30
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communities will be mapped within the project site according to plant species compositions, dominance levels, and locations on the project site; vegetation communities within the buffer will minimally be qualitatively described in the report, and all accessible areas within the 500-ft buffer will also be mapped for their vegetation communities. Onsite vegetation communities will be mapped following the Holland Classification System (1986) or other vegetation classification system as preferred by the lead agency, and all plant species nomenclature will follow that of the Jepson Manual (2012). GPS coordinates will be collected for all sensitive species found within or adjacent to the project footprint.

Digital photographs will be collected in sufficient quantity to capture the existing conditions of the site as well as any notable biological resources. Potentially riverine/riparian habitats and jurisdictional waters will be assessed and generally described; a formal delineation is not included nor anticipated in this scope.

Observed and/or detected plant and wildlife species and/or wildlife sign will be documented in the field notes of the biologist(s) to provide species lists for the report, and representative photographs will be collected and included in the report.

3. The biological assessment requires an accurate, easily decipherable CAD, GIS or KMZ file for usage in the field and to calculate project-related impacts, including all onsite and offsite areas of impact. This file must be provided by the City or the City’s design consultants. Temporary and permanent impact areas must be clearly delineated in the files.

C. Task 3. Administrative Draft IS/MND
i. Task 3.1. Administrative Draft IS/MND

1. Once the project strategy has been developed and considered by the City, EPD will prepare an Administrative Draft Initial Study checklist to determine the appropriate CEQA documentation for the project. Our approach to all projects focuses on collaboration.

Our research conducted as part of this task, in close collaboration with our technical team, will assure a comprehensive Draft Initial Study is conducted, and potential issues are identified upfront, as well as opportunities to avoid such issues through project design refinements. The Draft Initial Study will be based on the most current CEQA requirements and checklist per the State CEQA Guidelines, combined with any local amendments made by the City.

D. Task 4. Public Draft IS/MND
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i. Task 4.1. Public Draft IS/MND

1. EPD will initiate preparation of the Public Draft CEQA documentation, as applicable, upon completion of the
Administrative Draft Initial Study and will prepare all notices and distribute copies of the document to public agencies per the CEQA Guidelines. During the preparation of the environmental documents, EPD will maintain regular communication with the City as lead agency as well as with any responsible agencies (e.g., Department of Fish and Wildlife). As part of the environmental documentation task, EPD will prescribe avoidance, minimization, and mitigation measures, as needed, that are effective while also being feasible. To expedite the process, we prepare a complete screen check document for review and comment, which is more efficient than submittal of selected sections on an incremental basis. Adequate time will be provided in the project schedule for the City’s review of the screen check and final drafts. Additionally, EPD will prepare and distribute all required notices and mailings including, but not limited to, the Notice of Completion, Notice of Availability (for EIRs), and the Notice of Intent to Adopt a Negative Declaration, as necessary.

E. Task 5. Response to Comments and Final IS/MND
i. Task 5.1. Response to Comments and Final IS/MND

1. The public review period and response to comments are dependent on the level of CEQA document prepared. For example, an Addendum and an Exemption require no public review period, a Negative Declaration or MND require a 20- or 30-day review period (with the longer period required if State agencies are noticed through the State Clearinghouse), and an EIR requires a 45-day public review period. This proposal assumes an MND is the appropriate CEQA document. Following the close of the public comment period, if required, EPD will review any comments regarding the contents of the environmental document. A strategy meeting will be held with the City to discuss the comments, the City’s preferred format for the responses, and to identify any information or data needs from City staff or the engineering team to address the comments. While not required by CEQA, agencies commonly choose to provide formal responses to comments received. EPD will prepare a draft Response to Comments document, coordinating with the City for assistance as necessary. If necessary, the draft environmental document will be revised to reflect any substantial changes made in Response to Comments.

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preparation of response to comments. If a substantial number of comments are received, EPD will inform the project team immediately if an addendum to this cost proposal is needed as a result of the public comments.

F. Task 6. Mitigation Monitoring and Reporting Program (MMRP) i. Task 6.1. Mitigation Monitoring and Reporting Program (MMRP)

1. An MMRP will be prepared pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts that would result from the project, mitigation measures for each impact, the time at which each measure will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success.

G. Task 7. Findings and Notice of Determination
i. Task 7.1. Findings and Notice of Determination

1. For adoption of CEQA documentation, EPD will prepare all necessary CEQA findings. A strategy meeting will be held with the City to discuss the findings, the City’s preferred format for the findings, and to identify any information or data needs from City staff to address in the findings.

2. Upon the City approval of the environmental document, EPD will coordinate filing of the Notice of Determination (NOD). Please note the California Fish and Wildlife (CDFW) fees are not included as part of this cost proposal. The 2022 CDFW
environmental document filing fees are $2,548.00 for a MND and it is anticipated that the City will provide a check for EPD to file with the County Recorder. EPD will attempt to receive a No Effect Determination (NED) from CDFW, and if granted, the
environmental document filing fee will be waived if the project will have no effect on fish and wildlife.

H. Task 8. Hearings
i. Task 8.1. Hearings

1. EPD will attend two hearings to respond to any questions from the approving authority on the CEQA document, including technical studies. If requested, EPD will prepare a PowerPoint presentation related to the environmental review process and results.

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I. Task 9. Project Management
i. Task 9.9 Project Management

1. The project manager’s role is to ensure the adequate exchange of information for the duration of the project, from project initiation to public hearing. This includes notifying City staff of issues as they are encountered and working judiciously to resolve them. The Project Manager will maintain the project schedule, oversee the budget, and coordinate with City staff, subconsultants, and stakeholders.

2. EPD’s focus on effective communication is also the hallmark of its approach to addressing the City’s objectives and project requirements. Prior to initiating work, the Project Manager prepares a Microsoft Project schedule showing key milestones and the start/end dates for each activity leading up to the milestone.

This is critical for tasks requiring long lead times (e.g., preparation of technical studies and Native American consultations) and for seasonal surveys (e.g., biological surveys).

3. With the project schedule in hand, the project manager then develops a projected breakdown of required hours per staff member, per week for the duration of the project. This action early in the project helps ensure that staff members are neither underutilized nor overutilized each week, and that an appropriate amount of time is allocated to each task to ensure high quality work products are completed on schedule. A cloud-based time and expense tracking system is utilized that allows for a real-time review of each project’s budget status. By comparing actual and proposed project costs, project managers are able to quickly identify any areas of concern and take corrective action to avoid budget overages.

4. EPD staff will meet with City staff, as needed, and our Project Manager or other key personnel associated with specific disciplines will also be available to attend various meetings with affected jurisdictions and agencies. EPD will attend meetings with City staff and project applicants, scoping meetings, and/or public hearings to provide explanation of the CEQA process and answer questions related to the scope of the environmental documentation.

5. EPD will also work in close collaboration with the City to distribute the environmental document, circulate public notices, and meet the filing requirements of the level of CEQA document prepared. EPD will be responsible for printing and distributing the DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 34
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01240.0001/535308.1 A-10
environmental document and preparing the necessary forms, and will file them with Los Angeles County Clerk and the State Clearinghouse. A California Department of Fish and Wildlife fee is due at this time; if the fee check is not provided by the City, EPD will pay it as a reimbursable expense.

6. The project management budget assumes one hour per week for the Project Manager for the anticipated duration of five months. If the project extends beyond five months for reasons outside EPD’s control, an additional project management budget will be required.

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

A. Task 1
i. Project description for use in technical study preparation and the CEQA document.
ii. Draft consultation letters and mailing to Tribal Representatives B. Task 2
i. Technical studies as described in Scope of Service
C. Task 3
i. Administrative Draft Initial Study
D. Task 4
i. Public Draft CEQA documentation
E. Task 5
i. Draft Response to Comments document
F. Task 6
i. Mitigation Monitoring and Reporting Program (MMRP)
G. Task 7
i. Prepare all necessary CEQA findings
H. Task 8
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i. Attend two hearings to respond to any questions from the approving authority on the CEQA document, including technical studies ii. Prepare a PowerPoint presentation related to the environmental review process and results.

I. Task 9
i. Project schedule updated as needed over the course of the project ii. Monthly Progress Reports and Invoices
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. Konnie Dobreva, JD, Project Director
B. Rafik Albert, Vice President of Planning
C. Meghan Macias, Director of Transportation Planning
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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.

The following sentence is hereby added to Section 5.3(c) of the Agreement:
“It is intended by the parties to this Agreement that Consultant services in connection with this Project shall not subject Consultant's individual employees, officers or directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary contained herein, City agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a California corporation or its incorporated subconsultant(s), and not against any of Consultant's or its sub-consultant(s) individual employees, officers or directors.”
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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:

TASK DESCRIPTION TOTAL COST
Task 1
Task 1.1: Project Initiation and Project Description $ 4,120.00 SUBTOTAL Task 1 $ 4,120.00
Task 2
Task 2.1: Construction Trip Generation Analysis $ 2,800.00 Task 2.2: Air Quality and Greenhouse Gas Emissions Analyses $ 5,180.00 Task 2.3: Energy Analysis $ 2,800.00
Task 2.4: Construction Noise and Vibration Analysis $ 6,310.00 Task 2.5: Cultural and Paleontological Resources Assessment $ 6,940.00 Task 2.6: Biological Resources Assessment $ 8,230.00
SUBTOTAL Task 2 $ 32,260.00
Task 3
Task 3.1: Administrative Draft IS/MND $ 17,820.00
SUBTOTAL Task 3 $ 17,820.00
Task 4
Task 4.1: Public Draft IS/MND $ 6,840.00
SUBTOTAL Task 4 $ 6,840.00
Task 5:

Task 5.1: Responses to Comments and Final IS/MND $ 8,270.00 SUBTOTAL Task 5 $ 8,270.00
Task 6:

Task 6.1: Mitigation Monitoring and Reporting Program $ 2,460.00 SUBTOTAL Task 6 $ 2,460.00
Task 7:

Task 7.1: Findings $ 3,140.00
SUBTOTAL Task 7 $ 3,140.00
Task 8:

Task 8.1: Hearing $ 3,560.00
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01240.0001/535308.1 C-2
SUBTOTAL Task 8 $ 3,560.00
Task 9:

Task 9.1: Project Management $ 6,050.00
SUBTOTAL Task 9 $ 6,050.00
Expenses
Expenses Budget $ 1,500.00
SUBTOTAL Expenses $ 1,500.00
GRAND TOTAL (Not-to-exceed) $ 86,020.00
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.

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01240.0001/535308.1 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. All Tasks 6 months 6 months from City’s
issuance of a notice to
proceed
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR CONTRACTUAL
SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA (“City”) and ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC., a California corporation (dba “EPD Solutions”) (“Consultant”) is effective as of the _____ day of __________, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated May 24, 2022 (“Agreement”) whereby Consultant agreed to provide Environmental Services for the North Glendora Reservoir Replacement project.

B. City and Consultant now desire to amend the Agreement to extend the term of the agreement, modify the scope of services, and adjust certain terms regarding the Contract Sum accordingly.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 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 $172,617 (One Hundred Seventy-Two Thousand Six Hundred Seventeen Dollars) $86,020 (Eighty-six Thousand Twenty Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.” b. Section 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 three (3) years one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for two (2) one (1) additional one-year periods term by giving written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term.” c. Exhibit “A” (Scope of Services) of the Agreement shall be revised as follows:

The additional services outlined in Consultant’s proposed amendments to the Scope of Work under the Agreement, dated July 27, 2023; March 31, 2023; and May 22, 2024; attached hereto as Attachments 1-3; shall be added to the Scope of Services.

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d. Part I of Exhibit “C” (Schedule of Compensation) of the Agreement shall be deleted and replaced as follows:
"I. Consultant shall perform the following tasks at the following rates:

Task Description Original Award
Amendment 1
4/18/2023
Amendment 2
8/7/2023
Amendment 3
5/22/2024 Amended Total
Task 1: Project Initiation and Project
Description $ 4,120.00 $4,120.00
Task 2: Preparation of TechnicalStudies
Task 2.1: Construction Trip Generation
Analysis (not to exceed) $ 2,800.00 ($ 2,060.00) $ 740.00 Task 2.2: Air Quality and Greenhouse
Gas Emissions Analyses $ 5,180.00 $ 5,180.00
Task 2.2.1 Air Quality and Greenhouse
Gas Emissions Modeling for Offsite
Roadway Improvements (NEW)
$ 3,500.00 $ 3,500.00
Task 2.3: Energy Analysis $ 2,800.00 $ 2,800.00
Task 2.4: Construction Noise and
Vibration Analysis $ 6,310.00 $ 6,310.00
Task 2.5: Cultural and Paleontological
Resources Assessment $ 6,940.00 $ 6,940.00
Task 2.6: Biological Resources
Assessment $ 8,230.00 $ 1,580.00 $ 647.00 $ 10,457.00
Task 2.7: 2023 Focused Rare Plant
Survey $ 4,040.00 $ 4,040.00
Task 2.8: Focused Rare Plant Survey
Report $ 3,250.00 $ 3,250.00
Task 3: Administrative Draft IS/MND $ 17,820.00 $4,500.00 $ 22,320.00 Task 4: Public Draft IS/MND $ 6,840.00 $4,500.00 $ 11,340.00 Task 5: Responses to Comments and Final
IS/MND $ 8,270.00 $ 8,270.00
Task 6: Mitigation Monitoring and Reporting
Program $ 2,460.00 $ 2,460.00
Task 7: Findings $ 3,140.00 $ 3,140.00
Task 8: Hearing $ 3,560.00 $ 3,560.00
Task 9: Project Management $ 6,050.00 $ 6,490.00 $ 11,400.00 $ 23,940.00 Task 10: Public Outreach - $ 3,700.00 $ 3,700.00
Expenses Budget $ 1,500.00 $ 500.00 $ 10,026.00 $ 12,026.00 Total $86,020.00 $8,870.00 $8,630.00 $34,573.00 $138,093.00 Contingency $34,523 $33,650.00
Total with Contingency $86,020.00 $8,870.00 $8,630.00 $69,097 $172,617

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. The parties acknowledge and agree that the correct name of the corporation constituting the Consultant in the Agreement is “Environment Planning Development Solutions, Inc.”

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 Docusign Envelope ID: 08433E2B-B94D-42A3-82BA-C4AB023D5C59 Item #10. Page 42
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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.

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. 1on 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.

6. Counterparts. This Amendment No. 1 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. 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]
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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:

Environment Planning Development Solutions, Inc.

Name: Jeremy Krout
Title: President & Chief Executive Officer
Email: [email protected]
Address: 3333 Michelson Drive, Suite 500
Irvine, CA 92612
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.

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Attachment 1
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Attachment 2
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Attachment 3
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STAFF REPORT
TO: Mayor and Council Members DATE: August 27, 2024
FROM: Community Development DISTRICT(S): Citywide
SUBJECT: Approval of Amendment No. 2 to the Agreement for Contractual Services Between CSG Consultants, Inc. and the City of Glendora dated July 13, 2021, for Building Plan Review and Inspection Services

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 2 to the Contract Services Agreement with CSG Consultants extending term by one year and increasing contract amount by $250,000;

2. Authorize the City Manager to execute the agreement; and

3. Authorize the Administrative Services Finance Division to make any necessary budgetary adjustments.

STRATEGIC FOCUS AREAS
 Goal 4: Enhance and Modernize the Organization (EMO)

EXECUTIVE SUMMARY
The Building Division, a core component of the City's operations, is responsible for reviewing construction plans, issuing building permits, and conducting inspections. To ensure the continuity of these services, particularly during periods of staff vacancies or heavy workloads, the division utilizes CSG Consultants, Inc. (CSG). CSG has been contracted to provide plan review and inspection services as needed, enabling efficiency in the delivery of these services. The original two-year agreement with CSG was established on July 13, 2021. Amendment No.1 extended the contract an additional year, through July 13, 2024.

Amendment No.2 would extend the contract for another additional year, through July 13, 2025.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On July 13, 2021, the City Council awarded the original two-year agreement with CSG for plan review and inspection services.

On July 11, 2023, the City Council awarded Amendment No.1 to the agreement extending the contract an additional year, through July 13, 2024.

DISCUSSION
The Building Division, part of the Community Development Department, is comprised of six full-time positions. The division ensures that new construction adheres to current building and safety standards, a critical responsibility of the City. To support these services during staff vacancies or increased workloads, the City entered into a service agreement with CSG, which has been instrumental in delivering timely plan review and inspection services.

Since 2014, the Building Division has successfully utilized CSG's services. Over the years, the division has also worked with other providers offering similar services, allowing for a comprehensive comparison Item #11. Page 1
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Staff Report Page 2 of 2
of service quality and cost. CSG has emerged as a preferred provider of supplemental building services for the division, demonstrating a thorough understanding of the division’s review and inspection procedures.

The proposed one-year extension will cover plan review services through July 2025. The contract will also cover building inspection services on an as-needed basis.

FISCAL IMPACT
Sufficient funding is available in the Adopted FY2024-25 Mid-Cycle budget in the General Fund (101) in the amount of $250,000. The cost of the contract plan review services is anticipated to be offset by fees collected at the time of plan submission.

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

Prepared By David Collett, Building Official
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Amendment No. 2 to Agreement for Contractual Services B. Amendment No. 1 to Agreement for Contractual Services C. Agreement for Contract Services Between the City of Glendora and CSG Consultants, Inc.

Item #11. Page 2
Meeting Date: 8/27/2024 / Packet Page #: 252
DocuSign Envelope ID: 844A8FDE-1 D24-463B-9929-4555D8A8BA4D AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and CSG CONSULTANTS, INC., a California corporation (“Consultant”), is effective as ofthe 11th day of July 2023.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated, July 1 3th, 2021 (“Agreement”), whereby Contractor agreed to provide plan review and building inspection services.

B. City and Contractor now desire to amend the Agreement to increase the contract amount and extend the contract date.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in ~trikethrough and added text in bold italics. “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 $500,000 (five hundred thousand dollars) $750,000 (Seven Hundred and Fifty Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. “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 two (2) three (3) calendar years from the date hereof.

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

Item #11. Page 3
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DocuSigri Envelope ID: 844A8FDE-1 D24-463B-9929-4555D8A8BA4D 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.!, 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.

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 ofthis Amendment, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Item #11. Page 4
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DocuSign Envelope ID: 844A8FDE-1 D24-463B-9929-4555D8A8BA4D 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
DocuSigned by
1IJ4w~ ~A~OLA4L
h~)~?6nd
City Manager
Jul 13, 2023 7:16 AM PDT
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
1—DocuSlgned by: r-__DocuSlgned by
~9EP96A23B~c~45F A9.8B6p~Q25C448A ___ William w. wynder Mane lucci City Attorney Administrative Services Director City Treasurer ATTEST:

DocuSigned by
4A&~L~ ~
2~52A F44B~43~-~, atnieen Ic. ~essman
City ClerklCommunications Director
CONTRACTOR:

CSG CONSULTANTS, INC.

DocuSigned by:
(L1v~S ~Lp1Ar
7AC12F~224A4B2 ame: uyrus Kianpour
Title: President
Email Address: [email protected]
Jun 20, 2023 I 4:59 PM PDT
DocuSigned by:
~a~i~~Duong
Title: Vice President, Building Department
Email Address: [email protected]
Jun 20, 2023 I 4:54 PM PDT
Address: 550 Pilgrim Drive, Foster City, CA 94404
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS

SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY
Item #11. Page 5
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Electronic Record and Signature Disclosure
DocuSign
Certificate Of Completion
Envelope Id: 844A8FDE1 D24463B99294555D8A8BA4D
Subject: For Your Signature: Amendment No. I - CSG Consultant (07.11.2023) Source Envelope:

Document Pages: 3 Signatures: 6
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeid Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Status: Completed
Envelope Originator:

Desiree Valdivia
116 E Foothill Blvd
Glendora, CA 91741
[email protected]
P Address: 173.196.201.130
Record Tracking
Status: Original
6/20/2023 3:20:08 PM
Holder: Desiree Valdivia
[email protected]
Location: DocuSign
Signer Events
Cyrus Kianpour
[email protected]
President
CSG Consultants Inc.

Security Level: Email, Account Authentication
(None)
Signature
1—Do~oSign.d by
A 2224A4B2
Signature Adoption: Pre-selected Style
Using IP Address: 73.189.204.236
Timestamp
Sent: 6/20/2023 3:30:31 PM
Viewed: 6120/2023 4:27:44 PM
Signed: 6/20/2023 4:59:29 PM
Electronic Record and Signature Disclosure:

Accepted: 6/20/2023 4:27:44 PM
ID: f5fce0l 6-2cc3-47d2-8200-d8549328bb1 7
Khoa Duong
khoa~csgengr.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 6/20/2023 3:40:50 PM
ID: 4f3a68f5-feO6-4b84-bea6-235b6dfb4f3e
Do~oS~gn~d by~
C1A2303837FC46A
Signature Adoption: Drawn on Device
Using IP Address: 166.196.75.52
Signed using mobile
Sent: 6/20/2023 3:30:32 PM
Viewed: 6/20/2023 3:40:50 PM
Signed: 6/20/2023 4:54:44 PM
Mane Ricci
MRicci~cityofgIendora.org
Administrative Services Director
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 12/8/2021 11:11:16AM
ID: c6Oel cli -b865-4863-9206-df74434421dd
,.—Do~SI~ned by
AAL~4~
L~_~A98B6D9O25C44eA
Signature Adoption: Pre-selected Style
Using iPAddress: 68.119.131.183
Signed using mobile
Sent: 6/20/2023 4:59:30 PM
Viewed: 6/20/2023 7:24:20 PM
Signed: 6/20/2023 7:24:29 PM
William Wynder
WWynder~awattomeys.com
Security Level: Email, Account Authentication
(None)

1.—Doo~SIgned by L~w~ ~1Lr
9FO9SA23BACCA5F
Signature Adoption: Pre-selected Style
Using IP Address: 104.28.85.64
Signed using mobile
Sent: 6/20/2023 4:59:31 PM
Viewed: 6/20/2023 5:01:18 PM
Signed: 6/20/2023 5:01:42 PM
Electronic Record and Signature Disclosure:

Item #11. Page 6
Meeting Date: 8/27/2024 / Packet Page #: 256
Signer Events Signature Timestamp
Accepted: 6/20/2023 5:01 :18 PM
ID: 8f1 6d05f-836a-43c1 -8c1 8-efdb90f44547
Adam Raymond by Sent: 7113/2023 7:02:07 AM
ARaymond~cityofglendora.org ~LA$~ ~~U1Obi~), Viewed: 7/13/2023 7:16:01 AM City Manager A0F84F5D056 3C Signed: 7/13/2023 7:16:12 AM Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 47.157.54.203
Signed using mobile
Electronic Record and Signature Disclosure:

Accepted: 7/13/2023 7:16:01 AM
ID: 2d0ff75b-eff0-4a4b-9b58-beea40dc3l 73
Kathleen Sessman by~ Sent: 7/13/2023 7:16:13 AM
ksessman~cityofglendora.org Viewed: 7/13/2023 11:48:44 AM City of Glendora 2 4466943 Signed: 7/13/2023 11:48:57AM Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 173.196.201.130
Eiectronic 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
Desiree Valdivia Sent: 6/20/2023 7:24:31 PM
dvaldivia©cityofglendora.org ____________________ Viewed: 7/13/2023 7:02:07 AM Office Coordinator
City of Glendora Using IP Address: 173.196.201.130
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
City Clerk Group Sent: 7/13/2023 11:48:59AM
CityClerkGroup~cityofglendora.org ____________________ Viewed: 7/13/2023 4:31:33 PM Security Level: Email, Account Authentication
(None) Using IP Address: 174.195.199.10
Viewed using mobile
Electronic Record and Signature Disclosure:

Accepted: 7/13/2023 4:31:33 PM
ID: c7b776f5-d48e-4f6e-81 b8-a4deb62350e6
Carbon Copy Events Status Timestamp
George Perez Sent: 6/20/2023 7:24:30 PM
GPerez©cityofglendora.org Viewed: 6/21/2023 8:04:47 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Item #11. Page 7
Meeting Date: 8/27/2024 / Packet Page #: 257
Carbon Copy Events
George Perez
GPerez©cityofglendora.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Notary Events
Signature
Signature
Timestamp
Sent: 7/13/2023 11:48:59 AM
Timestamp
Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Timestamps
6/20/2023 3:30:32 PM
7/13/2023 4:31 :33 PM
7/13/2023 11:48:57AM
7/13/2023 4:31 :33 PM
Payment Events Status
Electronic Record and Signature Disclosure
Timestamps
Status
COPIED
Item #11. Page 8
Meeting Date: 8/27/2024 / Packet Page #: 258
Docusign Envelope ID: 571 EABC3-3AFO-4983-8549-4E31A940341 7 AMENDMENT NO.2

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment No. 2”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and CSG CONSULTANTS, INC., a California corporation (“Consultant”), is effective as of the _____ day of___________ 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services, dated July 13th, 2021, which was subsequently amended pursuant to that certain Amendment No. 1 to Agreement for Contractual Services, dated July 11, 2023 (as so amended, the “Agreement”), whereby Consultant agreed to provide plan review and building inspection services.

B. City and Consultant now desire to amend the Agreement to increase the contract amount and extend the contract date.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikcthrough and added text in bold italics. “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 $750,000 (Seven Hundred Fifty Thousand dollars) $1,000,000 (One Million Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. “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 (3) four (4) calendar years from the date hereof.

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

Item #11. Page 9
Meeting Date: 8/27/2024 / Packet Page #: 259
Docusign Envelope ID: 571 EABC3-3AFO-4983-8549..4E31A940341 7 Consultant represents and warrants to City that, as of the date of this Amendment No. 2, 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. 2, 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.

5. Authority. The persons executing this Amendment No. 2_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. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions ofthis Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Item #11. Page 10
Meeting Date: 8/27/2024 / Packet Page #: 260
Docusign Envelope ID: 571 EABC3-3AFO-4983-8549-4E31A940341 7 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 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
DocuSigned by: DocuSigned by:

OD5924B~E~ED4~A5 LE~’ ~AC~7O~1662584A4 Danny Alesrure Kyle J onnson City Attorney Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:

CSG CONSULTANTS, INC.

DocuSigned by:

C~s ~iL~~p~r
~~ã~Kianpour
Title: President
Email Address: [email protected]
Aug 13, 2024 14:19 PM PDT
,.—Signed by:

C1A23D~S~7FC464... Name: icnoa vuong
Title: Vice President, Building Department
Email Address: [email protected]
Aug 12, 2024 I 6:46 AM PDT
Address: 550 Pilgrim Drive, Foster City, CA 94404
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.

Item #11. Page 11
Meeting Date: 8/27/2024 / Packet Page #: 261

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
CSG CONSULTANTS, INC.

DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 12
Meeting Date: 8/27/2024 / Packet Page #: 262
1 AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
CSG CONSULTANTS, 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 CSG CONSULTANTS, 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.

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. / / /
/ / /
DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 13
Meeting Date: 8/27/2024 / Packet Page #: 263
2 1.2 Consultant’s Proposal.

1.3 Compliance with Law.

1.4 California Labor Law.

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 ___________________
Cyrus Kianpour
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 DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 15
Meeting Date: 8/27/2024 / Packet Page #: 265
4 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.

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 $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.
/ / /
DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 16
Meeting Date: 8/27/2024 / Packet Page #: 266
5 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 $500,000 (five hundred thousand 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.

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: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 17
Meeting Date: 8/27/2024 / Packet Page #: 267
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.

4.1 Representatives and Personnel of Consultant.

Cyrus Kianpour, President
Khoa Duong, 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 Building Official David Collett, 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 DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 19
Meeting Date: 8/27/2024 / Packet Page #: 269
8 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.

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.

DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 20
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9 (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”.

DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 21
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10 (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.
(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.

DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 22
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11 (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;
(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 DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 23
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12 services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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.

DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 24
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13 (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

7.2 Disputes; Default.

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 DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 25
Meeting Date: 8/27/2024 / Packet Page #: 275
14 necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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 DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 26
Meeting Date: 8/27/2024 / Packet Page #: 276
15 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.

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.

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.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 28
Meeting Date: 8/27/2024 / Packet Page #: 278
17 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.

9.6 Warranty & Representation of Non-Collusion.

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 ___________________
Cyrus Kianpour
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]
DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 29
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18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
June Overholt
Administrative Services Director
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

CSG CONSULTANTS, INC.

Name: Cyrus Kianpour
Title: President
Email Address: [email protected]
Name: Khoa Duong
Title: Vice President, Building Department
Email Address: [email protected]
Phone: (650) 522-2500
Address: 550 Pilgrim Drive
Foster City, CA 94404
____________________________ 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: 47247A56-9E64-432A-8948-B893F624168B July 21, 2021 | 3:03 PM PDT
July 21, 2021 | 8:14 AM PDT
July 21, 2021 | 4:57 PM PDT
July 22, 2021 | 1:15 PM PDT
Item #11. Page 30
Meeting Date: 8/27/2024 / Packet Page #: 280
01240.0001/535308.1 A-1
EXHIBIT “A”

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

A. Provide plan review and building inspection services on an as-needed basis, not to exceed $500,000.

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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.

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:

CSG’s rate structure which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or a licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.

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.

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01240.0001/535308.1 C-2
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

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

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

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01240.0001/535308.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
NONE
DocuSign Envelope ID: 47247A56-9E64-432A-8948-B893F624168B Item #11. Page 35
Meeting Date: 8/27/2024 / Packet Page #: 285

STAFF REPORT
TO: Mayor and Council Members DATE: August 27, 2024
FROM: Recreation and Human Services DISTRICT(S): 3
SUBJECT: Approve an Agreement with Avid Trails, LLC for the Design of South Hills Bike Park in the amount of $90,500 and Provide South Hills Bike Park Project Update

RECOMMENDATION
That the City Council:

1. Approve an agreement with Avid Trails, LLC for the Design of South Hills Bike Park in the amount of $90,500;

2. Authorize change orders in a total amount not to exceed 10% or $9,050 for a total contract amount not to exceed $99,550; and

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

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)  Goal 7: Enhance Community Engagement and Presence (ECEP)

EXECUTIVE SUMMARY
Since December 2022, the City has partnered with Avid Trails, LLC., a Park City, Utah based company specializing in trail planning, design, and construction. Avid Trails has provided the City with a conceptual design and cost estimate for a $2 million project, facilitating the City’s application for the Land and Water Conservation Fund grant. Following this, Avid Trails completed the schematic design phase, assisting with CEQA initial study requirements and federal grant documentation. The City intends to contract Avid Trails for the remaining design work, including design documentation and construction drawings.

Concurrently, the City has contracted with GIS Surveyors, a geospatial firm, for a detailed survey in South Hills and Duke Cultural Resources Management to handle Section 106 compliance under the National Historic Preservation Act. Alta Planning + Design and IMEG Corporation were hired for preliminary engineering and geotechnical services, respectively.

An RFP for CEQA consultants was issued on June 24, 2024, with submissions due by July 16, 2024. A CEQA consultant will be selected from three submitted proposals and presented at a future council meeting for City Council consideration.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On May 9, 2023, City Council approved a resolution approving the application for Land and Water Conservation Fund (LWCF) as it related to South Hills Bike Park Project.

In December 2023, California State Parks announced recommendations to the National Parks Service for $35.6 million in Land and Water Conservation Fund grants for 16 local park projects, which included the City of Glendora’s South Hills Bike Park Project.

Item #12. Page 1
Meeting Date: 8/27/2024 / Packet Page #: 286
Staff Report Page 2 of 4

DISCUSSION
Design Agreement Award
Since December 2022, the City has been working with Avid Trails, LLC, a firm established in 2013 in Park City, Utah. Avid Trails is renowned for its expertise in trail planning and construction, having successfully completed projects across 15 states, ranging from under an acre to 30,000 acres. Their services include comprehensive trail planning and design, GIS solutions, signage and wayfinding, CAD drawings, and bike park construction.

In May 2023, Avid Trails provided the City with a conceptual design (Attachment A) and a $2 million cost estimate for the project, which facilitated the City's application for the LWCF grant through the Office of Grants and Local Services (OGALS). The City subsequently contracted Avid Trails for a schematic design (Attachment B), which supplied some essential information for conducting a CEQA initial study and advancing the design phase. Avid Trails has completed this design phase and continues to support the City with post-selection federal grant requirements, including developing a grant boundary map.

Given that Avid Trails has already completed a significant portion of the design work, staff recommends retaining their services for the remaining design phases, which include Design Documentation (DD) and Construction Drawings (CD). The DD phase will focus on validating trail alignments and developing a refined design package to advance the conceptual design of the bike park and trail system in line with the City’s requirements. This phase will also include the creation of detailed plan renderings and bike park specifications. The CD phase will encompass the final design and the preparation of construction drawings suitable for bidding and construction. The anticipated timeline for completing these design phases is between 18 and 22 weeks, depending on the number of revision cycles required. The total cost for the remaining design services is $90,500.

South Hills Bike Park Project Update
The City has been actively working with many consultants to continue moving this project forward. Avid Trails was the first consultant used to provide the City with a conceptual design and cost estimate for the project. Concurrently, the City has contracted with GIS Surveyors, a geospatial firm, for a detailed survey in South Hills and Duke Cultural Resources Management to handle Section 106 compliance under the National Historic Preservation Act. Alta Planning + Design and IMEG Corporation were hired for preliminary engineering and geotechnical services, respectively. More information is discussed below on the work each consultant has performed related to this project.

The City contracted with GIS Surveyors, a geospatial firm listed on the approved 2021-2026 Master OnCall consultants list, to conduct a comprehensive survey in South Hills. This survey includes detailed assessments of all parcels, rights-of-way, utility lines, easements, as well as tree locations and existing vegetation. The data collected provided essential information that was required for the schematic design phase.

Duke Cultural Resources Management will prepare the necessary Section 106 documentation to meet federal funding requirements. Section 106 of the National Historic Preservation Act of 1966 mandates that federal agencies identify and assess the potential impacts of their actions on historic properties. Under this requirement, agencies must also consider public input regarding historic preservation when making final project decisions. Given that the grant funds are federal, compliance with Section 106 is necessary.

To facilitate this process, the City has engaged Duke Cultural Resources Management, LLC to create an Area of Potential Effect (APE) map, research known archaeological and historic resources, review prior cultural resource studies within a half-mile radius, consult with local Native American groups, conduct a field survey, and prepar comprehensive reports for submission to the Office of Grants and Local Services (OGALS).

To conduct a CEQA Initial Study, staff identified the need for additional information, leading to the Item #12. Page 2
Meeting Date: 8/27/2024 / Packet Page #: 287
Staff Report Page 3 of 4
engagement of two firms, Alta Planning + Design and IMEG Corporation, from the City’s 2021-2026 Master On-Call List: one for civil engineering and the other for geotechnical services.

Alta Planning + Design, Inc. has been selected to develop preliminary engineering plans and documents, including conceptual grading, drainage design, and low-impact development studies for hydrology and water quality. Their scope also includes Earthwork calculations and street improvements, encompassing signage and striping both on-site and at the intersection of Glendora Avenue and South Hills Park Entrance.

IMEG Corporation has been appointed to perform a comprehensive geotechnical investigation at the project site. This investigation will include a detailed assessment of subsurface soil and geological conditions, such as soil composition, bearing capacity, groundwater levels, seismicity, and other factors affecting site stability and foundation design. IMEG will oversee the investigation, ensuring timely completion, adherence to quality standards, and effective communication with all involved parties.

A Request for Proposals (RFP), to complete the next phase of CEQA requirements, was issued to the City’s prequalified CEQA consultants on Monday, June 24, 2024. The RFP was distributed to six consultants, with submissions due by 10:00 a.m. on July 16, 2024. The City received three proposals within this timeframe, with costs ranging from $97,065 to $141,152. Once the contract and associated documentation are finalized, the proposed agreement will be presented to the City Council for approval.

The collaborative efforts between the City and its selected consultants have advanced the project significantly. Avid Trails, LLC has made substantial progress with the initial design and, if approved by City Council, will continue to refine and finalize the project plans. The upcoming review and approval of the CEQA consultant's contract will further propel the project towards completion.

The project is progressing according to the desired timeline designed to ensure thorough planning and compliance with all requirements. As part of the next steps, the City anticipates submitting the required documentation to OGALS by March of 2025. OGALS will then submit to National Parks Service for the next grant cycle in the summer of 2025. This submission will build upon the comprehensive work already completed and aim to secure the necessary funding for project continuation.

Assuming all goes well with submission of all documents and studies, the project will be on track for the commencement of construction. We are targeting September 2025 as the start date for breaking ground.

This schedule should allow for the completion of all preparatory phases, including design finalization, regulatory compliance, and necessary approvals, ensuring that the project proceeds smoothly and efficiently.

FISCAL IMPACT
There are sufficient funds available in FY2024-25 Mid-Cycle Budget in the Capital Projects Fund (301) Capital Improvement Fund, see tables below. Staff will return to City Council to appropriate the grant funding when final award is received from the National Parks Service.

Budget
Description Account No. Project Nos. Amount
South Hills Bike Park (FY2023) 10100001.59990 5824103 $30,000 South Hills Bike Park (FY2024) 30100990.70000 5824103 $110,000 Parks (FY2022)* 30100990.70000 5522107 $1,000,000
Total Budget $1,140,000
*Original budget adopted to be used as specific needs identified, to be reallocated to South Hills Bike Park.

Item #12. Page 3
Meeting Date: 8/27/2024 / Packet Page #: 288
Staff Report Page 4 of 4
Expenditures Actual/Anticipated
Description Account No. Project Nos. Amount
Avid Trails (Conceptual Design) 0014306.59990 $29,380
Avid Trails (Schematic/DD&CD Design) 30100990.70000 5824103 $119,300 GIS Surveyors (Land Survey/Design) 30100990.70000 5824103 $63,000 Alta Planning + Design (Prelim Eng)** 30100990.70000 5824103 $125,450 Duke Cultural (Section 106 Compliance)** 30100990.70000 5824103 $13,860 IMEG (Geotechnical Report)** 30100990.70000 5824103 $43,120 CEQA Consultant** 30100990.70000 5824103 $150,000
Total Actual/Anticipated** Expenditures $544,110
Remaining Budget $595,890

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

Prepared By Kelsey Fay, Management Analyst
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. South Hills Bike Park Conceptual Design
B. South Hills Bike Park Schematic Design
C. Avid Trails Agreement
D. Presentation
Item #12. Page 4
Meeting Date: 8/27/2024 / Packet Page #: 289

SOUTH HILLS BIKE PARK CONCEPTUAL DESIGN

MOUNTAIN BIKE PARK CONCEPT

DIRT JUMPS

TRAILHEAD

HERITAGE

OAK SENIOR

APARTMENTS

TECHNICAL FEATURES

SKILLS FEATURES

LARGE PUMP TRACK SMALL PUMP TRACK
North 0 20 40 ft
1” = 20’-0”
Item #12. Page 5
Meeting Date: 8/27/2024 / Packet Page #: 290

GLENOAKS

GOLF COURSE

AND PARK
DAWSON

AVENUE PARK
990'
980'
950'
930'
92 0'
900'
880' 870'
850' 840'
780'
760'
970'
960'
940'
89 910'
0'
860'
810'
880'
850'
890'
870'
840'
980'
970'
960'
950' 940'
920'
900'
960'
950'
930'
800'
790'
780'
7 2
0'
710'
9 8
0'
9 6
0'
8 850'
40'
820' 810'
810'
800'
960'
940'
730'
720'
840'
830'
830'
820'
790'
770'
750'
74 0'
730'
720'
710'
800'
830'
860'
990'
910'
890' 880' 940'
810'
83 820'
0'
730'
700'
970'
990'
980'
970'
910'
860'
790'
9 6
0'
970'
950'
930'
820'
810'
770'
1,000'
1,000'
1,000'
890'
8 8
0'
820'
820'
800'
800'
790' 780'
780' 770'
770'
760'
740'
710'
700'
1,130'
1,040'
1,140'
1,210'
1,130'
1,040'
1,200'
1,120'
1,150'
1,040'
1,110'
1,030'
1,140'
1,190'
1,100'
1,180'
1,090'
1,170'
1,080'
1,030'
1,160'
1,070'
1,060'
1,050'
1,040'
1,030'
1,0
2 0'
1,010'
1,150' 1,140' 1,130'
1,120'
1,110'
1,100'
1,090'
1,080'

BIG DALTON WASH
S
H
A
DYLN

W DAWSON AVE

PUMA CANYON
LN
B
O
N
N
EI C
O
V
E
AV
E

BUFFALO TRL

RONWOOD ST

W MAUNA LOA AVE

W COLORADO AVE

W BASELINE RD
S
PA
S
A
D
E
N
A
AV
E
S
MIN
N
E
S
O
TA
AV
E

E DUELL ST

S ELWOOD AVE

E HALTERN AVE

E COLORADO AVE

E LINFIELD ST
S
S
U
N
F
L
O
W
E
R
AV
E

E MAUNA LOA AVE
GLEN
DORA
AVA
ACCESS
RD

L OS CERRITOS RD
S

GLENDORA
AVE
S
O
U
T
H
HIL
L
S
WIL
D
E
R
N
E
S
S
A
R
E
A

SOUTH HILLS WILDERNESS AREA

0.2 MI

0.3 MI

0.3 MI
0 3. MI

0.3 MI

0.4 MI

0.6 MI

1.4 MI

ELDERBERRY LOOP

EAST VIEW NOR TH FORK

WILD IRIS

EAST V IEW

SOUTH FORK
MUSTA
RD
TRAIL
N
O
R
T
H
S
P
U
R
B
O
N
NIE
COVE

BIG DALTON WASH
OB NN
EI

COVEEAST

TOYON TRAIL
BONNIE
COV
E
W
EST

WALNUT TRAIL
ALOSTACYN S. FORK

ELDERBERRY TRAIL

ALOSTA CANYON

SOUTH H ILL S BACKBONE TRAIL

0.1 MI

0.2 MI
0 5. MI

0.6 MI

0.7 MI

0.8 MI

0.9 MI

1.1 MI
BONNIE
COVE
SOUTH

HILLS PARK

CENTENNIAL

HERITAGE
PARK

PROPOSED

BIKE PARK

PROPOSED

TRAILHEAD
I- 210 FOOTHILL FWY

SOUTH HILLS WILDERNESS AREA
4/11/2023
Scale: 1" = 200'-0"
0 100 200 400 MOUNTAIN BIKE PARK Feet
Proposed Trailhead
Proposed Bike Park
Existing Trailhead
Existing Park
Existing Multi-Use Trail
Existing Hiking Only Trail
Proposed Multi-Use / 2-Way Trail
Proposed Multi-Use / 2-Way (Beginner)
Proposed Bike Downhill Only (Intermediate)
Proposed Bike Downhill Only (Advanced)
Powerlines
LEGEND

SOUTH HILLS WILDERNESS AREA CONCEPTUAL TRAILS PLAN
Item #12. Page 6
Meeting Date: 8/27/2024 / Packet Page #: 291
8 GLENDORA FAMILY BIKE PARK | SCHEMATIC DESIGN North 0 30 60 1” = 30’-0”
SCHEMATIC SITE PLAN: PARK CORE

VAULT RESTROOM

ADVANCED JUMP TRAIL

START MOUND- JUMP TRAILS

INTERMEDIATE JUMP TRAIL

BEGINNER JUMP TRAIL

CLIMBING TRAIL

BEGINNER

PUMP TRACK
SHADE PAVILION +

SEATING

PARALLEL PARKING

POTENTIAL TRAIL

SWITCHBACK FROM LOWER

ROADWAY PARKING

ACCESS ROADWAY TURNING

RADIUS RE-ALIGNMENT

TURN-AROUND FOR FIRE/

EMERGENCY ACCESS

GLENDORA AVENUE
TRAILHEAD LOCATIONTO CLIMBING TRAILS

SPLIT-RAIL FENCE

INTERMEDIATE PUMP TRACK

PICNIC TABLE WITH SHADE

SEATING / VIEWING AREA

POTENTIAL WALL

LOCATIONS
Item #12. Page 7
Meeting Date: 8/27/2024 / Packet Page #: 292
7 North 0 200 300 ft
1” = 200’-0”
FEBRUARY 2024 UPDATED TRAILS PLAN
NOTES:
• PARKING THROUGHOUT SOUTH HILLS

WILDERNESS AREA LOCATED AT ALL
EXISTING TRAILHEADS.

GLENDORA FAMILY BIKE PARK | SCHEMATIC DESIGN
Item #12. Page 8
Meeting Date: 8/27/2024 / Packet Page #: 293

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and

AVID TRAILS, LLC
Docusign Envelope ID: 1F680755-DBE7-41B6-9E85-6E7522971362 Item #12. Page 9
Meeting Date: 8/27/2024 / Packet Page #: 294
Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND

AVID TRAILS, LLC
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 Avid Trails, LLC, a Utah Limited liability company (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, in accordance with Glendora Municipal Code (GMC) Section 2.40.100 (c)(3)] 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.

1.2 Consultant’s Proposal.

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 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.

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 ___________________
Justin Lax, Partner, 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.

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 4

1.6 Familiarity with Work.

1.7 Care of Work.

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.

1.10 Special Requirements.

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 5 ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $90,500 (Ninety Thousand Five Hundred 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.

2.5 Waiver.

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 6 Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

Justin Lax, President, Partner
Jay Hoeschler, Partner, Design Director
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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 7 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

4.3 Contract Officer.

The Contract Officer shall be the City’s Recreation & Human Services 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.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written Docusign Envelope ID: 1F680755-DBE7-41B6-9E85-6E7522971362 Item #12. Page 16
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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 8 approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 10 (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other Party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful Docusign Envelope ID: 1F680755-DBE7-41B6-9E85-6E7522971362 Item #12. Page 19
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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 11 misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a Party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 12 Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, Docusign Envelope ID: 1F680755-DBE7-41B6-9E85-6E7522971362 Item #12. Page 21
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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 13 to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

7.3 Retention of Funds.

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

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Docusign Envelope ID: 1F680755-DBE7-41B6-9E85-6E7522971362 Item #12. Page 22
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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 14 Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Termination Prior to Expiration of Term.

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

7.8 Termination for Default of Consultant.

7.9 Attorneys’ Fees.

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 15 If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

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 imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City Docusign Envelope ID: 1F680755-DBE7-41B6-9E85-6E7522971362 Item #12. Page 24
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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 16 for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

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Agreement – Avid Trails (South Hills Bike Park Design) 08.27.2024 17

9.6 Warranty & Representation of Non-Collusion.

Consultant’s Authorized Initials ___________________
Justin Lax, Partner / 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 – Avid Trails (South Hills Bike Park Design) 08.27.2024 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:

Avid Trails, LLC
Name: Justin Lax
Title: Partner / President
Email Address: [email protected]
Name: Jay Hoeschler
Title: Partner, Design Director
Email Address: [email protected]
Address: 232 W. Oak Avenue El Segundo, CA 90245
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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01240.0001/996607.1 A-1
EXHIBIT “A”

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

A. See Exhibit “A-1” for general description of the services.

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

A. Consultant will provide the deliverables listed on Exhibit “A-1” attached hereto to City and shall develop Design Documentation (DD) and Construction Drawings (CD) for the South Hills Bike Park Project. The DD phase will focus on ground truthing trail alignments, and developing a refined design package that will further advance the conceptual design of the bike park and trails system in accordance with City’s requirements. A plan rendering will be developed as a part of this phase as well as plans and details for the bike park. The CD phase will involve final design with the creation and delivery of construction drawings that will be suitable for bidding and construction.

B. All items will be delivered in PDF and DWG files types.

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

A. Consultant will provide the City with bi-monthly updates (twice per month) on its design percentage, timeline changes, any arising issues, and change orders as needed.

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. Mike Cheney, Landscape Designer
B. Tim Garrett, Landscape Architect
C. Isaiah Rapko, Landscape Designer
D. Annie MacMillan, Trails and Recreation Planner
E. Justin Lax, Bike Park Designer, President
F. Jay Hoeschler, Design Director, Partner
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01240.0001/996607.1 A-2
EXHIBIT “A-1”
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01240.0001/996607.1 A-3
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01240.0001/996607.1 A-4
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01240.0001/996607.1 B-1
EXHIBIT “B”

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

None
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01240.0001/996607.1 C-1
EXHIBIT “C”

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

A. Design Documentation. Consultant will develop a refined design package that will further advance the conceptual design of the bike park and trails system. This will take 8-10 weeks to complete, and the rate of pay will be $38,000.

B. Construction Drawings: Consultant will finalize the project design. The detailed sheet sets will be suitable for bidding and construction. This will take 10-12 weeks to complete, and the rate of pay will be $52,500.

C. 20% of the Contract Sum will be paid upon execution of this Agreement, with monthly progress billing by percentage of the project tasks completed, as set forth below.

D. City’s Contract Officer and Consultant will review and agree upon monthly progress billings based on percentage of project completed, staff hours confirmed, and any other approved project related expenses listed in Exhibit “A-1” attached hereto. Review will be based upon proof of project deliverables and submission of a valid invoice containing the information listed in Exhibit “C” Section III.

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 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.

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01240.0001/996607.1 D-1
EXHIBIT “D”

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

A. From date that the Notice to Proceed (NTP) is issued by the Contract Officer, all deliverables listed in the Scope of Services set forth in Exhibit “A” and “A-1” attached hereto shall be completed within six (6) months and otherwise in accordance with the Contract Officer’s required schedule for same.

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

A. From date of the NTP, Consultant shall provide all tangible work products set forth in the Scope of Services included in Exhibit “A” and “A-1” attached hereto, which shall be completed as and when required by the Contract Officer, and in any case within six months following the issuance of the NTP.

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

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SOUTH HILLS BIKE PARK UPDATE
RECREATION & HUMAN SERVICES DEPARTMENT
CITY COUNCIL
AUGUST 27, 2024
KELSEY FAY, MANAGEMENT ANALYST
Item #12. Page 35
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DESIGN PHASE
• Conceptual Design
• December 2022-May 2023
• Schematic Design
• August 2023-May 2024
• Design Development & Construction
Documents
• August 2024-January 2025
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GRANT FUNDS
OFFICE OF GRANTS AND LOCAL SERVICES
LAND AND WATER CONSERVATION FUND
December 2023 – California State Parks announced recommendations to National Parks Service for $35.6 million in LWCF funds. South Hills Bike Park was selected as one of 16 park projects to receive $1 million for the project that is expected to cost $2 million. • Post Selection Federal Requirements
• Grant Boundary Map
• Section 106
• Updated Application and Revision Form
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CEQA REQUIREMENTS
ANTICIPATED MITIGATED NEGATIVE DECLARATION
• Review of CEQA proposals – three received
• Consultants: Alta Design + Planning and IMEG
• Zone Change

TIMELINE
• Approval of CEQA consultant agreement – September 2024 • Process expected to take 8-10 months
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GRANT/PROJECT TIMELINE

TIMELINE
• Completed/ In Progress
• Conceptual/Schematic Design – Complete
• Comprehensive Land Survey of South Hills – Complete
• Section 106/National Historic Preservation Act of 1966 – In Progress • Preliminary Engineering – In Progress
• Geotechnical Services – In Progress
• CEQA Initial Study – Process to obtain a consultant is in progress • Not Started yet
• Release Notice Inviting Bids – Anticipated May 2025
• Construction begins – Anticipated September 2025
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BUDGET TO DATE
Description Fund Project Nos. Amount
South Hills Bike Park (FY2023) 101 5824103 $30,000
South Hills Bike Park (FY2024) 301 5824103 $110,000
Parks (FY2022)* 301 5522107 $1,000,000
Total Budget $1,140,000
*Original budget adopted to be used as specific needs identified, to be reallocated to South Hills Bike Park.

Description Fund Project Nos. Amount
Avid Trails (Conceptual Design) 101 5824103 $29,380
Avid Trails (Schematic/DD&CD Design) 301 5824103 $119,300 GIS Surveyors (Land Survey/Design) 301 5824103 $63,000
Alta Planning + Design (Prelim Eng)** 301 5824103 $125,450 Duke Cultural (Section 106 Compliance)** 301 5824103 $13,860 IMEG (Geotechnical Report)** 301 5824103 $43,120
CEQA Consultant** 301 5824103 $150,000
Total Actual/Anticipated** Expenditures $544,110
Remaining Budget $595,890
Item #12. Page 40
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QUESTIONS?
Item #12. Page 41
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STAFF REPORT
TO: Mayor and Council Members DATE: August 27, 2024
FROM: Community Development DISTRICT(S): 1
SUBJECT: Development Options for City Owned Property located at 1762 Dale Road

RECOMMENDATION
That the City Council:

1. Provide staff with direction on how to proceed with the site’s development.

EXECUTIVE SUMMARY
At its February 27, 2024, meeting, staff provided the City Council with the findings of a Site Feasibility Analysis conducted for City owned property at 1762 Dale Road. The analysis was prepared with the assistance of Economic & Planning Systems (EPS) and John Kaliski Architects (JKA) through the San Gabriel Valley Council of Government’s Affordable Housing Incubator Program (Incubator Program). At that meeting, the City Council directed staff to further explore potential funding opportunities and opportunities to utilize the site for both Permanent Supportive Housing and Transitional Interim Housing.

Additionally, on August 7, 2024, a Special Meeting of the City Council was held to facilitate a tour of Permanent Supportive Housing and Transitional Housing sites. This report provides the additional information requested at the February 27th and August 7th meetings.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The 2022 Community Survey completed in August 2022 identified homelessness and poverty as the number one issue that the City could change to make Glendora a better place to live.

The City Council approved a Purchase and Sale Agreement for acquisition of 1762 Dale Road in the amount of $4,725,000 on April 25, 2023. Escrow closed, and the City took ownership of the property on July 31, 2023.

On October 9, 2023, the City held a community meeting with residents and businesses to share information and receive community feedback on plans for the site.

On February 27, 2024, staff presented a site feasibility analysis on potential development options for the site. The City Council requested additional information and no decision was made.

On August 7, 2024, a Special Meeting of the City Council was held to facilitate a housing tour of Permanent Supportive Housing and Transitional Housing sites in the San Gabriel Valley.

DISCUSSION
To address community concerns over homelessness and poverty, the City Council authorized the purchase of the Dale property on April 25, 2023. On July 31, 2023, escrow closed, and the City took ownership of the property.

On February 27, 2024 staff presented a feasibility analysis on development options for the site. The analysis identified three feasible development scenarios for the City Council’s consideration:

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Staff Report Page 2 of 7
 Affordable Housing for Families: Permanent apartment style housing. This type of development would maximize the site’s capacity by providing up to 79 units ranging from one to three bedrooms and available to households earning less than 60% of Area Median Income (AMI).  Affordable Housing for Special Needs Population: Permanent apartment style housing for special needs populations such as veterans, individuals with disabilities, or seniors, earning less than 30% AMI. This type of development would maximize housing affordability, providing up to 79 units, mainly one bedroom or studio apartments to those most vulnerable to becoming homeless based on their extremely low-income status.
 Transitional Housing: Temporary housing, up to 50 tiny home units that would shelter those experiencing homelessness for up to 24 months.
 Hybrid Housing: The analysis also considered utilizing the site for both permanent, affordable housing and transitional, temporary housing. After researching and discussing a hybrid project with developers, the analysis concluded that the site is not large enough to maximize the potential for both permanent and transitional housing. Additionally, the analysis did not find a developer interested in both development types and was therefore considered infeasible and not modeled.

Following the presentation and discussion, the City Council instructed staff to conduct additional research on funding opportunities and continue researching a scenario to utilize the site for both permanent and transitional housing.

Staff conducted additional research, including discussions with the County of Los Angeles Homeless Initiative, the San Gabriel Valley Regional Housing Trust, collected cost information associated with transitional housing, as well as funding sources. Staff also participated in the housing tour conducted on August 7th. Based on the additional research and the housing tour, staff developed the following options for consideration:
 Option One: Permanent Supportive Housing (up to 79 units)  Option Two: Two Separate Projects:
o Transitional Housing on a 0.5 acre site
o Permanent Supportive Housing on a 1.67 acre site
 Option Three: Two Separate Projects
o Transitional Housing on 11,000 Square Feet (0.25 acre) o Permanent Supportive Housing on a 1.92 acre site
For reference purposes, staff has included a spreadsheet (Attachment D) to better define the different types of housing generally referenced when this type of project is considered. The spreadsheet is intended to establish a common understanding of the terms and outline the options available within a continuum of housing that is affordable at various income levels.

Option One: Permanent Affordable (Supportive) Housing
Option one would utilize the Dale site in its entirety for permanent affordable housing (which could include supportive housing). This type of development would maximize the site’s capacity, providing up to 79 units of apartment style housing ranging from one to three bedrooms and available primarily to households earning less than 60% AMI. The development would utilize the entire 2.17 acres and, depending on the target population, contain family apartments (two and three bedroom) or special needs (one and two bedroom) population units. The development will be two to three stories.

Under this option, the City would issue a Request for Proposals (RFP) to partner with an affordable housing developer. The City’s contribution would be the land and long-term affordable housing monitoring.

To date, the City’s investment is approximately $6.5 Million ($5 million acquisition / $1.5 million abatement and demolition) sourced from several City funds including Measure E, Affordable Housing, the Housing Authority, and the Permanent Local Housing Allocation (PLHA) grant. The City will have an ongoing role Item #13. Page 2
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Staff Report Page 3 of 7
in monitoring the Dale development to ensure that residents are within the targeted income limitations and to ensure that the correct affordable rent amounts are utilized. Due to the requirements of some funding sources, the project will require a deed restriction recorded against the property to ensure that the rental product remains affordable housing for a minimum of 55 years. The selected developer would be responsible for securing the financing for development and ongoing management of the site through various funding sources (i.e., grants, tax credits, loans, etc.).

Permanent Supportive Housing Costs
City Financial Contribution (Acquisition & Demo): $6.5 M Complete. No further costs.

Staff Time Ongoing affordable housing
monitoring
Option Two: Hybrid, Permanent Affordable Housing and Transitional Housing (0.5 acre) Option two would be a combination of both permanent affordable housing and transitional housing, utilizing a 0.5 acre for transitional temporary housing and the remainder of the site, 1.67 acre, for permanent affordable housing.

Cities in the San Gabriel Valley (SGV) with transitional “tiny home” housing sites include Baldwin Park, Montebello and Azusa. These tiny homes are private sleeping units with a living area that includes climate control, a window, bed, desk, and shelves; there is an option for each to also include their own bathroom. The goal of transitional housing is to provide interim housing and support services along with a pathway for people experiencing homelessness to secure permanent housing. The target time frame is 90 days for individuals to cycle through, however up to six months is possible.

The number of tiny homes at each of the SGV city sites ranges from 25 to 30 single occupancy units to 16 “family” units with an occupancy of up to three people each (48 people); the ideal number is 20-25 single occupancy units. These sites range from approximately 10,000 square feet (SF) to 25,000 SF, depending on the product type.

The feasibility study presented in February 2024 suggested that the site was not large enough to simultaneously accommodate both permanent housing and transitional housing. It was also noted that there was no support from a developer to build and oversee both types of housing. If the City were to move forward with Option 2, staff recommends moving forward with each of the two types of housing as two separate projects. Through the site feasibility analysis, staff understood that permanent affordable housing would require a minimum of 50 units, but closer to 60 units to reach financial feasibility.

The Dale site is 2.17 acres or 94,450 SF. Setting aside 0.5 acres for transitional housing, the site will be able to accommodate between 28 and 50 tiny homes. The remaining 1.67 acres could then be used for permanent affordable housing. The current zoning of the site permits 20 dwelling units per acre (dua).

Under the State’s Density Bonus law however, a 100% affordable housing development is permitted a density bonus of 80%, thereby increasing the density to 36 dua, and the potential for 60 units on the 1.67 acre.

Dale Site: 94,450 SF (2.17 acres)
Transitional Housing: 28 - 50 units 0.5 acre / 22,000 SF Permanent Housing: 60 units max 1.67 acre / 72,450 SF
The San Gabriel Valley Regional Housing Trust (SGVRHT) has worked with the San Gabriel Valley cities in the establishment of their transitional sites and can provide the City with guidance on the development of a tiny village to provide transitional housing. In addition to the acquisition, abatement and demolition costs, this option will require upfront capital costs and ongoing operating costs.

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Staff Report Page 4 of 7
Similar to Option 1, there is no additional City financial investment for permanent affordable housing. The City would issue an RFP to partner with an affordable housing developer. The City’s contribution would be limited to the land contribution and affordable housing monitoring.

The transitional housing portion would require additional costs for the city.

Initial Set Up Costs
Development of the site will require the individual sleeping unit “tiny home” each with its own bathroom, a laundry room, a kitchen and/or community room, and offices for security and the site manager.

Upon review of the other cities and product types, Pallet appears to be the most cost-effective tiny home, while LifeArk units are attached and thus require less space. Due to the different space requirements, a 0.5 acre site can accommodate 28 Pallet beds (homes), but 50 LifeArk beds (homes) nearly double the Pallet amount. Sample site plans are included in Attachments A and B. Baldwin Park and Montebello both utilize the Pallet product, while El Monte and Azusa utilize LifeArk.

Ongoing Operational Costs
Transitional housing sites require ongoing operational costs which will include security costs and supportive services. The site will include 24-hour security providing secured entry. Only residents are allowed on the site. Guests and illegal or illicit substances would not be allowed. Supportive services include case management, health, and mental health services, three meals a day, job training and assistance with transitioning to a permanent home. Currently the operational costs for a transitional housing site are approximately $110/bed/night.

Funding Sources
There are grants and programs that the City can pursue to help fund a transitional housing site.

Innovative Affordable Housing and Homeless Program (IAHHP) through the SGV Regional Housing Trust. The program will assist up to $25,000 per unit; however, the program only has a $500,000 remaining availability. Consequently, the City’s application would be limited to that amount, (note, applications over $250,000 require Board approval).

Permanent Local Housing Program (PLHA) funds are received annually; the estimated annual award to Glendora is approximately $110,000. These funds can be applied towards capital and ongoing operating costs.

Cities and Councils of Governments Interim Housing Services Fund (CCOGIHS) available through the State will fund operating and supportive services costs for interim housing for the first year at a rate of $88 per bed per night. These funds are available for the first year of operation, there is no guarantee of funding in future years. Funding is subject to availability.

The cost and grant opportunity estimates for the first year are summarized in the following table, with more detail included as Attachment C.

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Staff Report Page 5 of 7
Option 2 Cost Analysis (estimated):

Permanent Affordable Housing: $6.5 Million Complete, No further costs.

Transitional Housing Options on 0.5 Acre (~22,000 SF)
Pallet (28 beds) LifeArk (50 beds)
Estimated Expenditures
No. of Beds Total Costs No. of Beds Total Costs
Capital Costs: 28 $2,451,980 50 $5,420,908
cost per bed: $87,570.71 $108,418.16
Annual Operational Costs:
(at $110 per bed per night) $1,124,200 $2,007,500
Total 1st Year Costs: $3,576,180 $7,428,408
Funding Opportunities
IAHHP: $500,000 $500,000
PLHA: $110,000 $110,000
CCOGHIS: $899,360 $1,606,000
Total 1st Year Grant Funds: $1,509,360 $2,216,000
Net Impact to City 1st Year: $2,066,820 $5,212,408
Funding for the following years may be limited. The Innovative Affordable Housing and Homeless Program is intended for capital upfront expenditures and CCOGHIS may be available, although funding is intended for first year operations. Availability in successive years is dependent on funds available. To provide a conservative estimate, it is assumed the CCOGHIS grant will not be available. Grant and funding availability are continually changing. Staff will continue to explore additional funding opportunities.

Transitional Housing Costs, Year 2+
Pallet (28 beds) LifeArk (50 beds)
Expenditures:

Annual Operating Costs: $1,124,200 $2,007,500
Grant Opportunities
PLHA: $110,000 $110,000
Net Estimated Costs/ Years 2+: $1,014,200 $1,897,500
Option 3: Hybrid, Permanent Affordable Housing and Transitional Housing Option three is similar to Option 2, but reduces the area set aside for transitional housing to 0.25 acres, roughly 11,000 SF, utilizing the LifeArk product, which requires a smaller area as compared to Pallet.

This option provides nearly a 2-acre site (1.92 acres) for permanent affordable housing. With the State’s Density Bonus law increasing the density to 36 dua, under option 3, there is potential for up to 69 units on the 1.92 acre site.

Dale Site: 94,450 SF (2.17 acres)
Transitional Housing: 25 units 0.25 acre / 11,000 SF
Permanent Housing: 69 units max 1.92 acre / 83,450 SF
Once again, there is no additional City financial investment for the permanent affordable housing. The City would issue an RFP to partner with an affordable housing developer. The City’s contribution would be limited to the land contribution and affordable housing monitoring. The transitional housing portion would require additional costs to the City as summarized in the in the following table, with more detail in Attachment C.

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Staff Report Page 6 of 7
Option 3 Cost Analysis (estimated):

Transitional Housing Costs, Year 2+ (25 units)
Expenditures: Annual Operating Costs: $1,003,750
Grant Opportunities PLHA: $110,000
Net Estimated Cost / Years 2+ : $893,750
Additional considerations for the hybrid approach provided in Options 2 and 3:
 A minimum of two years operation of a transitional housing site is recommended. To maximize the Innovative Affordable Housing & Homeless Program amount at this number of units, one year is a minimum and two years is recommended. Less than two years may impact the amount of funding.

With 25 units, two years, assuming an average resident stay of six months, will likely be required to provide an opportunity to all of Glendora’s current homeless residents to cycle through and obtain permanent housing. Two years of operation will cost the City approximately $3.4 Million, after grants are applied.
 In pursuing a developer for permanent housing, the City may consider a phased approach, providing the land for an initial 60-69 units at the start with the potential to add additional land and additional permanent housing units, open space, amenities or parking once the transitional housing operation ceases to operate.
 Local Preference: The funding sources referenced allow for local preference. The City can prioritize the units to serve individuals experiencing homelessness in the City; however, the units cannot be restricted to only Glendora’s homeless population. The CCOGHIS grant requires that the City coordinate with the County to make beds available regionally when occupancy falls below 95%.

Considering the City’s average homeless count and the operating cost beyond year one, the City Council may opt to undertake a short-term operation of one to two years. Under a realistic expectation of transitioning individuals into permanent housing within a six-month period, two cycles of residents would be completed in a 12-month period. This theoretically places 100 Permanent Affordable Housing: $6.5 Million Complete, No further costs.

Transitional Housing on 0.25 Acre (~11,000 SF)
LifeArk (25 beds)
Expenditures
No. of
Beds
Total Est.

Costs
Capital Costs: 25 $2,889,639
cost per bed: $115,585.55
Annual Operational Costs: (at $110 per bed per night) $1,003,750 Total 1st Year Costs: $3,893,389
Funding Opportunities
IAHHP $500,000
PLHA: $110,000
CCOGHIS: $803,000
Total 1st Year Grant Funds: $1,413,000
Net Impact to City 1st Year: $2,480,389
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Staff Report Page 7 of 7
individuals into permanent homes within one year’s time (with 50 beds) or over two years’ time (with 25 beds). At the conclusion of the transitional housing operation, the site could be repurposed for permanent affordable housing or sold pursuant to the California Surplus Land Act.  Noncompliance with the Housing Authority Fund: Approximately $1.3 Million from the Housing Authority Fund was utilized to acquire the Dale property. These funds have limitations; specifically, their main purpose is to increase the number of affordable housing units in the City.

While a portion may be used towards addressing and assisting with homelessness, that amount is limited to $250,000. If the site is used for transitional housing only, the City may be required to reimburse the Housing Authority Fund for its contribution to the land acquisition.

California Surplus Land Act
With the acquisition of the Dale site, the property is now subject to the California Surplus Land Act (SLA).

The SLA requires the City to declare any land not necessary for a local agency’s use to be declared surplus. Certain conditions, including restricting 100% of the site to affordable housing, will qualify the site to be declared exempt surplus. Upon City Council’s determination of the site’s development, staff will return with a report as applicable to comply with the California Surplus Land Act

FISCAL IMPACT
Approximately $6.5 million from the Capital Projects Fund 301, Measure E, Affordable Housing Fund 228, and Housing Authority Fund 229 has been spent to date on the site’s acquisition, abatement, and demolition. This report provides development options for consideration with additional costs ranging from $0 to $5,212,408 for year one and recurring costs ranging from $1,000,000 to $2,000,000 for year two and beyond. The City’s resources beyond the grant opportunities mentioned in this report are limited. The Affordable Housing Fund and Housing Authority Fund were essentially depleted during the acquisition and demolition stages of this project and the Capital Projects Fund is dedicated to infrastructure needs throughout the City. Grant availability and funding will be crucial to the success of this development and to maintain ongoing operations.

ENVIRONMENTAL DETERMINATION
None at this time.

Prepared By Valerie Velasquez Santoya, Economic Development and Housing Manager
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Pallet Site Plan and Estimate
B. LifeArk Site Plan and Estimate
C. Detail Cost Estimates
D. Housing Types Spreadsheet
E. Presentation
Item #13. Page 7
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DRAFT CONCEPT LAYOUT (V._1_)
SITE NAME: _TRANSITIONAL HOUSING SITE_
SLEEPING ACCOMODATIONS FOR _28_ INDIVIDUALS
ADDRESS: 1762 DALE RD, GLENDORA CA 91740__
POTENTIAL UNIT COUNT WITH _6_ FT SPACING – LOCAL FIRE

MARSHALL TO DETERMINE REQUIRED SPACING
- _28_ PALLET ENSUITE UNITS
- _1_ ONE-HUNDRED TWENTY SF OFFICE
- _1_ LAUNDRY
- _1_ FOUR HUNDRED SF COMMUNITY BUILDING
*NOTES
- PROJECT AREA IS APPROXIMATELY HALF AN ACRE

CITY OF GLENDORA

CONCEPTUAL DRAFT
25ft 50ft

CONCEPTUAL DRAFT
*This layout is provided for planning and preliminary feasibility consideration, and is not meant to serve as a buildable site plan as-is. A professional site plan by a local contractor, inclusive of utility considerations and site work, is necessary before an installation can take place. Though Pallet will continue to advise throughout the site planning process, final and actual site plans are the responsibility of the client.

PROJECT KEY
S2 120 SQFT OFFICE
DIMENSIONS: 17'9" x 7'7"
S2 ENSUITE
DIMENSIONS: 17'9" x 7'7"

PALLET LAUNDRY UNIT
DIMENSIONS: 13'7 1/2" x 7'6"

OUTSIDE SEATING
(NOT PROVIDED BY PALLET)

LAUNDRY

SITE PERMIMETER PRIVACY FENCE

AND GATES
(NOT PROVIDED BY PALLET)
400 SQUARE FOOT PALLET

COMMUNITY BUILDING
DIMENSIONS: 27' x 15'

EMERGENCY VEHICLE ACCESS

LAUNDRY

PET RUN
GARDEN
OFFICE

COMMUNITY
CENTER
Attachment B: Pallet Site Plan and Estimate
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Item #13. Page 9
Meeting Date: 8/27/2024 / Packet Page #: 335
NOTICE: This Quote contains the preliminary non-binding terms of purchase and sale by and between Pallet PBC and the Customer listed above. This Quote does not constitute an offer to sell, and shall automatically expire sixty (60) calendar days from the date of issuance, unless terminated sooner by: (i) written notice from Pallet PBC to Customer; or (ii) upon the delivery of an SOW by Pallet PBC to Customer. All Pallet PBC materials, publications and websites are maintained as sources of general information and are not quotations or offers to sell. All clerical errors are subject to unilateral correction by Pallet PBC, in its sole discretion. Any order, written or verbal, based in any way on this Quote, shall not be binding on Pallet PBC. All orders shall be based on, and governed by, the terms and conditions of the applicable Master Product and Services Agreement Statement of Work (“SOW”), issued by Pallet PBC after a request for a purchase order from Customer. No agreement to purchase or sell products or services shall be binding upon Pallet PBC absent a written and executed SOW.

An 8,000 lbs. forklift with 8 foot forks will be needed onsite for delivery at the responsibility and cost of the customer. Pallet is not responsible for site grading, leveling of shelters, staking to the ground, or electrical connections to the shelters.

Prices are in USD. All taxes are estimates and are subject to change. Shipping, Customs and Duties and tax are estimates and are subject to change. Engineering and code compliance fees may apply.

Grand Total $1,708,654.50
Tax $158,854.50
Subtotal $1,549,800.00
Ship To Name Glendora, CA
Email [email protected]
Contact Name Valerie Velasquez-Santoya
1762 Dale Road
Glendora, CA 91740
United States
Ship To
Bill To Name Glendora, CA
1930 Merrill Creek Pkwy, Suite A
Everett, WA 98203
USA
Company Address
Quote Number 00002128
Created Date 8/12/2024
Product Product Code Sales Price Quantity Total Price
120 Ensuite (FirstStep) 33622 $55,350.00 28.00 $1,549,800.00 Notes
Terms and Conditions
Pricing quoted below is based off Pallet - State of California Contract 1-23-54-01B. For utilizing this state-level pricing, please refer to the procurement process detailed on State of California procurement website. If helpful, Pallet Sales team can provide the website link upon request.
*Unit cost includes shipping, assembly,
desk, Twin XL bed, Twin XL mattress,
digital door lock, exterior light, heater,
8000 BTU A/C, toilet, sink, shower.

Item #13. Page 10
Meeting Date: 8/27/2024 / Packet Page #: 336

LIFEARK PROJECT SUMMARY
1762 DALE RD GLENDORA
TRANSITIONAL HOUSING - OPTION 1
UNIT TYPE UNIT#

1. 3x1 ENSUITE DUPLEX 23

2. 1.5x2 ENSUITE ADA 4

3. 4x3 FLEX/ ADMIN 1

4. 1x1 LAUNDRY 2
TOTAL

OUTDOOR DECKS

SF/UNIT
201
201
804
67 BDS
46 4
50 TOTAL SF MODS
4,623 69
804 12
804 12
134 2
6,365 104
Attachment C: LifeArk Site Plan and Estimate
Item #13. Page 11
Meeting Date: 8/27/2024 / Packet Page #: 337
Item #13. Page 12
Meeting Date: 8/27/2024 / Packet Page #: 338
Item #13. Page 13
Meeting Date: 8/27/2024 / Packet Page #: 339
Attachment D: Detail Cost Estimates
All costs presented on this attachment are estimated and should not be considered final.

I. Analysis for Half -Acre Transitional Housing:

A. Pallet Home (28 Beds)
Product Beds Sales Price Total
Ensuite with Shower,
Sink and Toilet 28 $55,350 $1,549,800
Laundry, Community Room,
Offices, Assembly: $130,000
Taxes $172,180
Site Preparation Costs: $600,000
Total Capital Costs: $2,451,980
Per Bed $87,570.70
Operational Costs
Per Night 28 beds $110/night $3,080.00
Per Year $3,080 365 $1,124,200
Total Annual Operational Costs: $1,124,200
Total First Year Estimated Costs: $3,576,180
B. LifeArk (50 Beds)
Product Beds Sales Price Total
Ensuite with Shower, Sink
and Toilet 46 $57,000 $2,622,000
ADA Ensuite with Shower,
Sink and Toilet 4 $115,500 $462,000
Multipurpose, Laundry, Offices $495,000
Decking ADA Ramp,
Stairs $675,020
Taxes: $436,037
Delivery, Handling, Fees: $230,851
Infrastructure Costs: $500,000
Total Capital Costs: $5,420,908
Per Bed $108,418
Operational Costs
Per Night 50 beds $110/night $5,500.00
Per Year $5,500 365 $2,007,500
Total Annual Operational Costs: $2,007,500
Total First Year Estimated Costs: $7,428,408
Item #13. Page 14
Meeting Date: 8/27/2024 / Packet Page #: 340
Attachment D: Detail Cost Estimates
II. Analysis for Quarter-Acre Transitional Housing:

A. LifeArk (25 Beds)
Product Beds Sales Price Total
Ensuite with Shower, Sink
and Toilet 22 $57,000 $1,254,000
ADA Ensuite with Shower,
Sink and Toilet 3 $115,500 $346,500
Multipurpose, Laundry,
Offices $300,000
Decking ADA Ramp,
Stairs $335,000
Taxes: $229,139
Delivery, Handling, Fees: $125,000
Infrastructure Costs: $300,000
Total Capital Costs: $2,889,639
Per Bed $115,586
Operational Costs
Per Night 25 beds $110/night $2,750.00
Per Year $2,750 365 $1,003,750
Total Annual Operational Costs: $2,007,500
Total First Year Estimated Costs: $3,893,389
Item #13. Page 15
Meeting Date: 8/27/2024 / Packet Page #: 341
Type Also Known As or Could Also Be Description Typical Length of Stay Funding Opportunities Access Center Serves as the entry point into the continuum of services and programs for individuals and families
in need of assistance. Individuals can be
screened, assessed, and referred from this
location. Often times associated with a shelter or
transitional housing. Other services provided can
include: basic suppport (water, clothing, hygenic
products, etc), transportation, return home travel,
health screenings, supportive services.

N/A Funding is typically provided by Cities, or
through grants (philanthropic and public).

Housing
Navigation
Center
Provides individualized case management for
anyone in need of resources for permanent
housing (may include individuals or families
experiencing homelessness).

N/A Funding is typically provided by Cities, or
through grants (philanthropic and public).

Emergency
Shelter
Men's/Women's/Family/Youth Shelter,
Youth Shelter, "Wet" Shelter, Winter
Shelter
The most common type of homeless shelter.

Whatever the circumstance, emergency shelters
provide quick temporary shelter. Assistance
programs can be a part of the facility, including
case management. Meals are provided. Typically
serves single adults, (can be set up for
specialized populations) in a congregate setting.

Varies, but typically a short stay.

Per the GMC (Section 21.03.120
(G)), an individual can stay at the
facility up to 6 months.

Funding is typically provided by Cities, or
through grants (philanthropic and public).

Transitional
Housing
Bridge, Housing, Interim Housing,
Temporary Housing, Stabilization
Housing, Recuperative Care
This is a step up from an emergency shelter.

Transitional housing exists for people who may
need a longer housing opportunity while
permanent housing can be found. Assistance
programs are typically part of this type of facility
(housing navigation, employment or workforce
assistance, substance abuse, behavioral health,
medical). There is no cost to this type of housing,
however it is limited in duration.

Up to 24 Months Funding is typically provided by Cities, or through grants (philanthropic and public).

TEMPORARY AND PERMANENT HOUSING
Item #13. Page 16
Meeting Date: 8/27/2024 / Packet Page #: 342
Type Also Known As or Could Also Be Description Typical Length of Stay Funding Opportunities Permanent
Supportive
Housing
This is a step up from transitional housing.

Provide private living space for a certain
percentage of their income rather than a set
monthly rent (typically 30% of income). Typically
provide on-site supportive services such as
counseling, health care, job training, educational
classes. Intended for those individuals who may
have disabilities that hinder them from working a
"normal" job or who may have other medical
issues.

Individuals residing here are not
expected to leave after a certain
period of time.

Capital funding is typically provided by Cities
(land or gap financing), grants (state), tax credit
allocations (federal/state), or private debt.

Operational funding typically provided through
rent payments and vouchers.

Scattered Site
Housing
Master leased private homes or apartments that
can house multiple individuals or families. While
no services are provided onsite, case
management typically continues; more
independent living opportunity. Provide rehousing
services when individual is ready.

Individuals residing here are not
expected to leave after a certain
period of time.

Funding is typically provided by Cities, grants
(state), tax credit allocations (federal/state), or
private debt.

Affordable
Housing
As defined by HUD, housing in which the
occupant is paying approximately 30% of their
income. Can be limited to specific income levels
(very low, low, moderate) and may serve specific
populations (seniors, veterans, foster youth,
family, etc). There are many other programs
under the umbrella of affordable housing including
tenant based rental assistance (vouchers) or
project based housing.

Individuals residing here are not
expected to leave after a certain
period of time.

Funding is typically provided by Cities, grants
(state), tax credit allocations (federal/state), or
private debt.

Item #13. Page 17
Meeting Date: 8/27/2024 / Packet Page #: 343
DEVELOPMENT OPTIONS: 1762 DALE ROAD
COMMUNITY DEVELOPMENT
GLENDORA CITY COUNCIL
AUGUST 27, 2024
VALERIE VELASQUEZ-SANTOYA, ECONOMIC DEVELOPMENT AND HOUSING MANAGER Item #13. Page 18
Meeting Date: 8/27/2024 / Packet Page #: 344
1762 DALE ROAD
Acquisition complete July 31, 2023
• In response to 2022 Community Survey:
o Homelessness & Poverty
• Acquisition and Demolition: $6.5 Million
o Affordable Housing Funds & Measure E
Development type not yet determined
• SGVCOG Affordable Housing Incubator Program
o Site Feasibility Analysis presented on February 27, 2024 § Housing Product Types
§ Development Scenarios
§ Scenario Feasibility and Design
§ Scenario Evaluation
§ Funding
Site
Location
Arrow Hwy
Dale Rd
Grand
Ave

2.17 Acre Site
Located West of Grand.

North of Arrow Hwy.

Item #13. Page 19
Meeting Date: 8/27/2024 / Packet Page #: 345
Deed Restrictive Affordable Housing
Permanent Affordable Housing
Target 15 – 30% AMI Senior/Special Needs
Multifamily rental format
Includes supportive services
Up to 36 DUA with State Density Bonus
HOUSING TYPOLOGIES
Permanent Supportive Housing
Target 50 – 60% Average Median Income (AMI)
Large Family Households
Multifamily rental format
Up to 36 DUA with State Density Bonus
Item #13. Page 20
Meeting Date: 8/27/2024 / Packet Page #: 346
Temporary Housing
Transitional Housing
Temporary Length of Stay
Congregate living format
Includes supportive services
HOUSING TYPOLOGIES
Emergency (Congregate) Shelter
Temporary Length of Stay(target 6 – 12 mos.)
Microunit or tiny homes format
Includes supportive services
Up to 24 DUA with State Density Bonus
Item #13. Page 21
Meeting Date: 8/27/2024 / Packet Page #: 347
QUALIFYING INCOME LEVELS
5 Income Group and AMI Level Scenario 1 (Family):
3-person Household
Scenario 2 (Senior/Special Needs):
2-person Household
Extremely Low Income
30% AMI $37,450 $33,300
Very Low Income
50% AMI $62,400 N/A
Low Income
60% AMI $74,880 N/A
NOTES:

INCOME LEVELS ARE FOR HOUSEHOLDS IN LOS ANGELES COUNTY.

ANALYSIS USES THE HUD DEFINITION OF “LOW-INCOME” - HOUSEHOLDS EARNING UP TO 60% OF AREA MEDIAN INCOME (AMI) - AS THIS IS THE INCOME LEVEL ELIGIBLE FOR TAX CREDITS.

HOUSEHOLDS EARNING 80% AMI ARE NOT MODELED; PROJECTS INCLUDING UNITS AT THIS INCOME LEVEL ARE LESS COMPETITIVE FOR PUBLIC FUNDING.

Item #13. Page 22
Meeting Date: 8/27/2024 / Packet Page #: 348
AFFORDABLE HOUSING FINANCING TOOLS
6 Permanent Affordable Housing
(Large Family, Senior, or Special Needs)
• HCD Grant and Low-Cost Loan Funds (e.g.,
Multifamily Housing program)
• Target Population Funds (e.g., Veterans
Housing and Homelessness Prevention
Program)
• LA County Housing Funds (e.g., Housing
Innovation Fund)
• Local Grants/ Participation (e.g., land
donation)
Transitional Housing
• County Homelessness Funds (e.g.,
Measure H)
• SGV Regional Housing Trust (e.g., Local
Housing Trust Fund)
• Local Participation (e.g., operations and
maintenance)
Ø The above are examples of typical funding sources, but funding sources and availability are dynamic and can change year to year.

Item #13. Page 23
Meeting Date: 8/27/2024 / Packet Page #: 349
SCENARIO EVALUATION MATRIX
Factor Scenario 1 – Affordable for Large
Families
Scenario 2 – Affordable for Special
Needs or Seniors Scenario 3 - Transitional Housing
Site Development 79 units / 3 Stories 79 units / 2 Stories 50 beds or units Length of Stay Permanent Permanent Temporary (up to 24 months) Income Levels <= 60% (80%) AMI <= 30% AMI 0 – 30% AMI
Developer Interest Med-High High Low
City Participation Land Donation/Long-Term Lease Land Donation/Long-Term Lease Local Grant Funding; Operational Support (City maintains ownership)
Public Funding
Competitiveness Medium High Low
Overall Positioning Maximize Site Capacity Maximize Housing Affordability Prioritize Unhoused Individuals High Medium Low
Item #13. Page 24
Meeting Date: 8/27/2024 / Packet Page #: 350
SCENARIO 1
Site Elevation: Affordable housing for large
families.

Item #13. Page 25
Meeting Date: 8/27/2024 / Packet Page #: 351
SCENARIO 2
Site Elevation: Affordable senior or special
needs housing.

Item #13. Page 26
Meeting Date: 8/27/2024 / Packet Page #: 352
OPTION 1: PERMANENT AFFORDABLE HOUSING
• Up to 79 units
OPTION 2: TWO SEPARATE PRODUCTS
• Transitional Housing on a 0.5 acre site
• Permanent Housing on a 1.67 acre site
OPTION 3: TWO SEPARATE PRODUCTS
• Transitional Housing on a 0.25 acre site
• Permanent Housing on a 1.92 acre site
UPDATED CONSIDERATIONS:

Item #13. Page 27
Meeting Date: 8/27/2024 / Packet Page #: 353
• Up to 79 Units
• Permanent Affordable
• 50 – 60% AMI, FAMILY APARTMENTS, 3 STORY
• Permanent Supportive
• 15 – 30 % AMI, SENIOR/SPECIAL NEED APARTMENTS, 2 STORY • An RFP would be released to partner with an AH Developer. • City contribution is the land. Developer will pursue tax credits, grants, other financing sources.

OPTION 1: PERMANENT HOUSING
Financial Impact to the City
Acquisition and Demolition $6.5 Million (Complete)
Staff Time Ongoing affordable housing monitoring
Item #13. Page 28
Meeting Date: 8/27/2024 / Packet Page #: 354
Initial Capital Costs
Product Type
Pallet & Lifeark
Individual Bathrooms
Laundry Room
Community Room
Kitchen
Offices
Site Preparation
Operational Costs
Case Management
Security
Health And Mental Service
Meals
Utilities
OPTIONS 2 AND 3
Funding Sources
Innovative Affordable Housing
& Homeless Program:

Permanent Local Housing
Allocation:

Cities Councils Of Govts.

Interim Housing Services
Fund:
$500,000
$110,000
$88 per bed/nt
Two Separate Developments.

Start with Transitional, then pursue Permanent Affordable.

Item #13. Page 29
Meeting Date: 8/27/2024 / Packet Page #: 355
• Permanent Affordable (Supportive) Housing on 1.67 Acre • Transitional Housing on 0.5 Acre
OPTION 2: HYBRID PRODUCT (1/2 ACRE)
Two Separate Developments (0.5 / 1.67 Acre)
Dale Site: 2.17 Acres / 94,450 SF
Transitional Housing 28 – 50 units 0.5 Acre /~22,000 SF Permanent (Supportive) Housing 60 units (@ 36 dua) 1.67 Acre / ~72,450 SF • Permanent Affordable (Supportive) Housing on 1.67 Acre • 100% affordable units provides an 80% density bonus (20 dua to 36 dua) • 60 units on 1.67 acre
• Transitional Housing on 0.5 Acre
• Pallet home can accommodate 28 beds with private bathrooms • LifeArk can accommodate 50 beds with private bathrooms Item #13. Page 30
Meeting Date: 8/27/2024 / Packet Page #: 356
Pallet
PRODUCT TYPES
LifeArk
Item #13. Page 31
Meeting Date: 8/27/2024 / Packet Page #: 357
Pallet
CONCEPTUAL SITE PLANS
LifeArk
50 Beds, Laundry, Offices, Communal Area
Item #13. Page 32
Meeting Date: 8/27/2024 / Packet Page #: 358
Initial Year
Permanent Affordable
Housing:
$6.5 Million Complete,
No further costs.

Transitional Housing Options on 0.5 Acre (~22,000 SF)
Pallet (28 beds) LifeArk (50 beds)
Estimated Expenditures
No. of Beds Total Estimated
Costs
No. of
Beds
Total Estimated
Costs
Capital Costs: 28 $2,451,980 50 $5,420,908
cost per bed: $87,571 $108,418
Annual Operational Costs:
(at $110 /bed / nt) $1,124,200 $2,007,500
Total 1st Year Costs: $3,576,180 $7,428,408
Funding
Opportunities
IAHHP $500,000 $500,000
PLHA: $110,000 $110,000
CCOGHIS: $899,360 $1,606,000
Total 1st Year Grant
Funds: $1,509,360 $2,216,000
Net Impact to City 1st Year: $2,066,820 $5,212,408
Year 2+
Transitional Housing Costs, Year 2+
Pallet
(28 beds)
LifeArk
(50 beds)
Estimated Expenditures:

Annual Operating Costs: $1,124,200 $2,007,500
Grant Opportunities
PLHA: $110,000 $110,000
Net Estimated Costs/ Years
2+: $1,014,200 $1,897,500
OPTION 2: COST ANALYSIS
Funding in following years may be limited.

Innovative Affordable Housing & Homeless
Program intended for upfront capital expenditures.

CCOGHIS may be available, although intended for
first year operations.

Item #13. Page 33
Meeting Date: 8/27/2024 / Packet Page #: 359
• Permanent Affordable (Supportive) Housing on 1.92 Acre • Transitional Housing on 0.25 Acre
OPTION 3: HYBRID PRODUCT (1/4 ACRE)
Two Separate Developments (0.25 / 1.92 Acre)
Dale Site: 2.17 Acres / 94,450 SF
Transitional Housing 25 units 0.25 Acre /~11,000 SF
Permanent (Supportive) Housing 69 units (@ 36 dua) 1.67 Acre / ~83,450 SF • Permanent Affordable (Supportive) Housing on 1.92 Acre • 100% affordable units provides an 80% density bonus (20 dua to 36 dua) • 69 units on 1.67 acre
• Transitional Housing on 0.25 Acre
• LifeArk can accommodate 25 beds with private bathrooms Item #13. Page 34
Meeting Date: 8/27/2024 / Packet Page #: 360
Initial Year
Permanent Affordable
Housing:
$6.5 Million Complete,
No further costs.

Transitional Housing Options on 0.25 Acre
(~11,000 SF)
LifeArk (25 beds)
Estimated Expenditures
No. of Beds Total Estimated Costs
Capital Costs: 25 $2,889,639
cost per bed: $115,586
Annual Operational Costs: (at $110 /bed / nt) $1,003,750 Total 1st Year Costs (est.): $3,893,389
Funding
Opportunities
IAHHP $500,000
PLHA: $110,000
CCOGHIS: $803,000
Total 1st Year Grant Funds: $1,413,000
Net Impact to City 1st Year: $2,480,389
Year 2+
Transitional Housing Costs, Year 2+
LifeArk
(25 beds)
Estimated Expenditures:

Annual Operating Costs: $1,003,750
Grant Opportunities
PLHA: $110,000
Net Estimated Costs/ Years 2+: $893,750
OPTION 3: COST ANALYSIS
Funding in following years may be limited.

Innovative Affordable Housing & Homeless
Program intended for upfront capital expenditures.

CCOGHIS may be available, although intended for
first year operations.

Item #13. Page 35
Meeting Date: 8/27/2024 / Packet Page #: 361
Minimum two years operation of transitional housing recommended.

A phased approach could be considered
ADDITIONAL CONSIDERATIONS FOR OPTIONS 2 AND 3
Local Preference is permissible.

Permanent affordable on 1.67 or 1.92 acre, with opportunity for additional units or amenities once at the termination of the transitional housing.

Priority may be given to individuals experiencing homelessness in Glendora.

Cannot restrict to only those in Glendora
CCOGHIS requires beds available regionally when occupancy falls below 95%.

Housing Authority Fund
$1.3 M utilized in acquisition. Requires an increase to number of affordable units in the City.

California Surplus Land Act
Future disposition will require compliance with the SLA.

Restricting site to 100% affordable housing will qualify site to be declared exempt surplus.

Item #13. Page 36
Meeting Date: 8/27/2024 / Packet Page #: 362
OPTION 1: PERMANENT AFFORDABLE HOUSING*
• Up to 79 units
OPTION 2: TWO SEPARATE PRODUCTS
• Transitional Housing on a 0.5 acre (28 – 50 beds)
• Permanent Housing* on a 1.67 acre (60 units)
OPTION 3: TWO SEPARATE PRODUCTS
• Transitional Housing on a 0.25 acre (25 beds)
• Permanent Housing* on a 1.92 acre (69 units)
OPTIONS SUMMARIZED
No Additional Cost
to City
Approximately $2M to
$5.2 M first year.
$1M - $2M years 2+
Approximately $2.5M
first year.
$900,000 years 2+
Permanent Affordable will allow for either Permanent Affordable of Permanent Supportive Affordable Housing.

Item #13. Page 37
Meeting Date: 8/27/2024 / Packet Page #: 363
RECOMMENDATION:

THAT THE CITY COUNCIL:

1. Provide staff with direction on how to proceed with the site’s development Item #13. Page 38
Meeting Date: 8/27/2024 / Packet Page #: 364

STAFF REPORT
TO: Mayor and Council Members DATE: August 27, 2024
FROM: Community Development DISTRICT(S): Citywide
SUBJECT: Adoption of an Updated Economic Action Plan

RECOMMENDATION
That the City Council:

1. Adopt the Economic Action Plan; and

2. Authorize a supplemental appropriation in the amount of $1,000,000 in the General Fund (101) from one-time revenue received from the sale of the San Jose Property.

STRATEGIC FOCUS AREAS
 Goal 1: Implement Strategic Economic Development (ISED)

EXECUTIVE SUMMARY
The City Council of Glendora recognizes the importance of economic development, including it as a priority in the 2023-2025 Citywide Strategic Plan. The City Council understands that the success of the local business community is crucial for the City's financial health, as sales taxes are the largest source of general fund revenue, contributing nearly 40% of its total income. Beyond financial contributions, the commercial sector enhances the City's vibrancy and quality of life by providing employment, shopping, dining, and services for the community.

The goal to “Implement Strategic Economic Development” within the Strategic Plan includes thirty-one tasks categorized into seven objectives. Among the first task completed was an Economic Development Workshop, held on September 5, 2023, where staff brought in experts to share information, trends and best practices in economic development with the City Council. Midway through the two-year Strategic Plan cycle, staff completed more than 50% of the thirty-one identified tasks. This report completes the objective: Update the Economic Action Plan.

Central to Glendora’s Economic Action Plan is the funding of said plan. Staff recommends an initial funding amount of $1 Million from a portion of the proceeds from the sale of the San Jose Property (anticipated $4 million). This funding is crucial for implementing innovative programs and initiatives designed to attract, retain, and grow businesses within the City.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Economic Action Plan was introduced in 2012 in response to the State mandated elimination of the Redevelopment Agencies. The Plan was annually updated until 2017.

On September 5, 2023, the City held an Economic Development Workshop, with attendees that included City Council, staff and industry experts. Through the information provided, Council provided staff with additional direction to be included within the Economic Action Plan.

Item #14. Page 1
Meeting Date: 8/27/2024 / Packet Page #: 365
Staff Report Page 2 of 3

DISCUSSION
The updated Glendora Economic Action Plan (EAP) outlines a strategic approach to sustaining and enhancing the City’s economic vitality. The report is divided into six key sections: Glendora Today, Economic Development, Goals, Strategy, Implementation, and Key Performance Indicators.

Together, these sections provide a comprehensive narrative of Glendora’s history, current conditions, and the significance of economic development to the city's future.  Glendora Today details the City's background and present status, setting the context for the rest of the plan.
 Economic Development explains the importance of fostering a vibrant business community to ensure the City's financial health and quality of life.  Goals outlines what the City aims to achieve through its economic development efforts.  Strategy covers how the City plans to reach these goals, including the methods and approaches to be used.
 Implementation addresses the necessary resources—both human and financial—that will be required to carry out the plan.
 Key Performance Indicators detail how progress will be monitored and measured to ensure that the city remains on track in achieving its economic objectives.

This structured approach allows Glendora to not only set clear goals but also to ensure the necessary steps are taken to achieve them, providing a roadmap for continued growth and economic growth.

Central to Glendora’s economic development strategy is the funding of said strategy. Staff recommends an initial funding amount of $1 Million from a portion of the proceeds from the sale of the San Jose Property (anticipated $4 million). This funding is crucial for implementing innovative programs and initiatives designed to attract, retain, and grow businesses within the City. The requested funds will support a range of activities to incentivize new businesses to come to the City and existing businesses to continue operating in the City.

Given that nearly 80% of Glendora’s General Fund revenue is derived from property and sales taxes, it is imperative to maintain a vibrant and diverse business community. The updated economic development strategy will play a pivotal role in sustaining these revenue streams by fostering a business-friendly environment that encourages development, innovation, and supports small businesses. This proactive approach will not only ensure economic stability but also enhance the overall quality of life for residents.

The updated strategies will build on successes, allowing the City to expand its economic development programs and continue attracting significant private investment.

The Glendora Economic Action Plan for 2024-2025 represents a comprehensive strategy for driving economic growth and sustaining the City’s economic health. The request for $1 million is a central component of this plan, enabling the City to implement new programs and initiatives that will attract and retain businesses, foster innovation, and maintain a high quality of life for its residents. By securing this funding, Glendora will be well-positioned to continue its growth and economic success in the years ahead.

FISCAL IMPACT
The sale of the San Jose Property is anticipated to net $4 million to the City. A portion of the proceeds from the property sale in the amount of $1 Million is requested to provide increased funding for updated economic development strategies and programs.

A supplemental appropriation is needed in Fiscal Year 2024-25 in the General Fund (101) in the amount of $1 million from the one-time revenue received from the sale of the San Jose Property.

ENVIRONMENTAL DETERMINATION
None.

Item #14. Page 2
Meeting Date: 8/27/2024 / Packet Page #: 366
Staff Report Page 3 of 3
Prepared By Valerie Velasquez-Santoya, Economic Development & Housing Manager Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. 2024 – 2025 Glendora Economic Action Plan
B. Power Point
Item #14. Page 3
Meeting Date: 8/27/2024 / Packet Page #: 367
City of Glendora
ECONOMIC ACTION PLAN 2024 - 2025
Item #14. Page 4
Meeting Date: 8/27/2024 / Packet Page #: 368
2024-2025 Glendora Economic Action Plan

INTRODUCTION
Once a small citrus producing
community, today Glendora is a
robust community, home to more
than 50,000 residents and more
than 1,000 business storefronts in
a geographic area of 19.59 square
miles. Glendora offers big city
amenities without compromising
its small-town charm, providing
the best of both worlds. With a
picturesque downtown, numerous
parks and hiking trails, community
events, an active library, teen and
senior centers, excellent schools,
low crime rates, and a convenient
location, Glendora offers a high quality of life.

The City of Glendora is located at the base of the San Gabriel Mountains, approximately 27 miles from downtown Los Angeles. Conveniently located where the Foothill (210) and Orange (57) freeways meet, Glendora provides access with less than an hour’s commute to Downtown Los Angeles, San Bernardino, Orange and Riverside Counties as well as three international airports and two seaports. Extension of the Metro Gold Line (recently renamed the “A Line”) is also underway, which will provide an additional transportation option, further connecting Glendora to the Southern California region.

Glendora’s success is attributed to several key factors: strong and stable leadership, smart financial management and a robust business presence. The City Council and City Manager’s Office have guided the City through various challenges and opportunities in recent years.

Through strategic planning sessions and regular meetings, they have set the direction to ensure the City’s Vision is met. The City Manager and staff exemplify an ongoing commitment to fiscal responsibility, implementing savvy financial planning and management to allocate the City’s resources efficiently to ensure high quality municipal services are delivered to our community while maintaining a healthy financial condition. A strong business community is crucial to the local economy. Businesses in Glendora provide Item #14. Page 5
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2024-2025 Glendora Economic Action Plan
3 services and goods to the residents, they provide local jobs and contribute to the overall vibrancy of the City.

The development of this 2024-2025 Economic Action Plan is an essential step in supporting the continuance of a strong business presence in Glendora. The information in this document will be divided into six main sections:

Glendora Today will
summarize data and
analytics related to the
people and the business
community of Glendora, who
they are, information related
to race, ethnicity,
educational attainment, and
income, and analyze taxable
retail sales and the impact of
sales tax revenue on the
City’s overall fiscal health. It
will also provide insight into land use and development trends in the City.

Economic Development will elaborate on the purpose and need for an Economic Development Action Plan, examine the historical efforts made thus far and share some of the successes experienced. This section will also take a deeper look at the analysis of key industries in the City as well as employment, vacancy rates, and gap opportunities.

Goals for economic development include addressing business retention and attraction, emphasizing focus areas, and reference the City’s 2023-2025 Citywide Strategic Plan which includes "Implement Strategic Economic Development" as one of its seven priority goals.

Strategy will outline the tasks and activities necessary to achieve the established goals.

Implementation will identify the human and financial resources required to implement the strategic plan as outlined.

Key Performance Indicators provide a way of measuring progress. Establishing key performance indicators provides an opportunity to understand what works well and what activities need adjustment to obtain the desired results.

Item #14. Page 6
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2024-2025 Glendora Economic Action Plan
4 GLENDORA TODAY
Since its incorporation in 1911, the City of Glendora has grown from a small citrus growing community to a robust City with more than 50,000 residents. Most of the
development occurred between the late 1950’s through
the 1980’s when Los Angeles County was experiencing
dramatic population growth and building activity.

Glendora is home to a demographically diverse
population and residential opportunities, from cozy
apartments and charming bungalows to luxurious
mansions. Growth in population and development has
slowed in recent decades with less than 0.3 percent of developable land remaining vacant; with recent zoning changes associated with the 6th Cycle Housing Element and new opportunities with the closure of school sites, the City is in an exciting position for new growth.

Demographics
A snapshot of the City’s core demographic profile is noted below (U.S. Census Bureau).

TOTAL POPULATION 1
51,209
SEX 2
48% MALE / 52% FEMALE
MEDIAN AGE 2

40.4 TOTAL HOUSING UNITS 1
18,767
MEDIAN HOUSEHOLD INCOME 2
$106,718
TOTAL HOUSEHOLDS 2
16,751
EMPLOYMENT RATE 2

58.1%
AVERAGE HOME VALUE 3
$890,961
BACHELOR’S DEGREE OF HIGHER 2

37.3%
HOMEOWNERSHIP RATE 2

67.9%

1. State of California, Dept. of Finance, Jan. 2024 2. 2022 American Community Survey 5-Year Estimates 3. Zillow, June 30, 2024 Glendora
Item #14. Page 7
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2024-2025 Glendora Economic Action Plan
5 The following table provides insight into the diversity found within the City of Glendora:
2020 Decennial Census
Community Partnerships
The City's leadership has fostered strong partnerships with local organizations, educational institutions, and community groups. The City is home to Citrus Valley Association of Realtors, two hospitals, three school districts, Citrus College, and a strong Chamber of Commerce.

Notwithstanding these strong partnerships, the City must continue to leverage collaboration to drive economic development and create a more dynamic and prosperous community, attract investment and growth, that benefits all residents and businesses in Glendora.

The City is an active member of the San Gabriel Valley Economic Partnership (SGVEP) who, in collaboration with the City, helps to foster a business-friendly climate, highlight market strengths, facilitate workforce development, and connect cities, companies, and organizations throughout the San Gabriel Valley. Participating in SGVP events, training sessions, and committees allows the City to engage with neighboring City leaders and economic development professionals on innovative programs and practices. Similarly, the City utilizes technical assistance, training and education offered through the California American Indian

0.87% Asian

10.19%
Black

1.71%
Hispanic

28.33%
Multi-race

13.67%
Other

10.33%
Pacific Islander

0.07%
White (NonHispanic)

34.83%

POPULATION DISTRIBUTION
Item #14. Page 8
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2024-2025 Glendora Economic Action Plan
6 Association of Local Economic Development (CALED) to enhance its economic development efforts. With affordable housing, a matter of national concern affecting economic growth, the City partners with the San Gabriel Valley Regional Housing Trust (SGVRHT) to develop housing for all income levels in Glendora.

Business Community
Glendora takes great pride in a strong business community.

Glendora is home to more than 1,000 business storefronts and another 500 home-based businesses. The delightful
downtown Glendora Village with its boutique style of locally owned businesses, is located in the northwestern section of the City, and the regional shopping center, the Glendora Marketplace including an auto center, movie theatre and several “big box” stores and national chain restaurants are found in the southeast section of the city. In addition, major automobile corridors along Route 66, Arrow Highway, and Grand Avenue offer a variety of retail, restaurants, services, and industry.

The business community is a crucial component to the City, providing local jobs, services, and goods to residents. The health of the business community is directly related to the health of the City, as it provides close to $21 Million1 in General Fund revenue, with approximately $12 Million from sales tax and another $9 Million from Measure E, a 0.75 cents sales transaction and use tax passed by the residents of Glendora in 2019. Sales tax revenue generated through the business community provides the City with the means to
provide important investments in public safety,
infrastructure, recreational activities, and services provided by the teen and senior centers, parks, and library.

Further analysis of the business community will be provided in the following section, Economic Development (ED).

1. FY25 Adopted Budget General Fund & Measure E Multi Year Financial Forecasts Item #14. Page 9
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2024-2025 Glendora Economic Action Plan
7 Land Use
Glendora is an urbanized community with most of the available land developed. The planning area, which includes unincorporated County areas within Glendora’s sphere of influence, totals approximately 20 square miles (12,800.26 acres) of which, approximately

19.59 square miles (12,540 acres) are within the City limits. The City is almost completely developed with only 0.3 percent of developable land remaining vacant2. The fully developed state of the City means that most services and infrastructure are in place to support new growth occurring or expected to occur on underutilized and neglected parcels within the City.

The two predominant land uses in the City include residential and open space. Currently developed residential lands account for approximately 42 percent of the total City land, while open space uses account for approximately 37 percent of the City. The open space land includes the San Gabriel Mountains, located in the northern portion of the planning area and the South Hills located south of Freeway I-210. Collectively, these two areas account for over 4,000 acres of recreation and open space uses within the City limits.

Notwithstanding, there are opportunities for redevelopment that the Economic Development Team will focus on as we move forward. In particular, the major east-west corridors of Route 66 and Arrow Highway are developed with aging strip commercial on smaller parcels, and several deteriorating shopping centers initially built in the 1950s and 1960s. Additionally, declining enrollment and long-term demographic trends have led local schools to designate several school sites as surplus and place them for sale to residential developers. These school sites, total approximately 15 acres, have recently been sold or are in the process of being sold. These sites present one of the most notable opportunities for new investment and development in a decade. While these sites are in established singlefamily neighborhoods, they are likely to be developed into higher density modern housing.

These sites could add more than 300 housing units to Glendora. This will significantly contribute to new housing stock and will help the City achieve its Regional Housing Needs Assessment goal.

Another major opportunity is the arrival of the Metro A Line station, which is under construction and set to open for service in late 2025. The Metro station is located at the southern end of the Glendora Village and Civic Center area. The development of light rail to Glendora creates additional opportunities for transit-oriented housing and commercial growth. In addition to a prime location near the Village, the Metro Station is adjacent to Emanate Hospital.

2. Community Plan 2025, Land Use Element
Item #14. Page 10
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2024-2025 Glendora Economic Action Plan
8 In 2023, the City received a Transit-oriented Communities Technical Assistance Program (TOC TAP) grant to develop a vision for various housing sites around the Village and A Line Station. The City has also adopted and obtained funding for the People Movement Project, which will improve Glendora Avenue and Foothill Boulevard with bike and pedestrian improvements to support local transportation and promote business activity in the immediate area. Together with previous land planning efforts such as the Route 66 Specific Plan, Civic Center Area Plan, this important area has the potential to produce more than 1,000 housing units and additional commercial opportunities.

PEOPLE MOVEMENT PROJECT
Item #14. Page 11
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2024-2025 Glendora Economic Action Plan
9 ECONOMIC DEVELOPMENT
Purpose
Economic development is a complex and multifaceted concept. It encompasses a wide range of elements that collectively contribute to the growth, prosperity, and sustainability of a community. These elements include reliable infrastructure, public safety, diverse and new housing options, quality education, which collectively result in strong property and sales tax revenues. At its core, economic development is about the generation of wealth which allows cities to provide a wide array of community benefits that result in an improved quality of life. The general fund is Glendora’s primary source for discretionary spending. The adopted FY 2025 Budget forecasts nearly 80% of the City’s general fund revenue is generated from property and sale tax revenues combined; 36% from property tax revenue and 43% from sales tax revenues and Measure E combined.

To sustain strong tax
revenues, Glendora must
continue to engage in various
efforts including new
development, attracting and
retaining diverse businesses,
fostering innovation, and
supporting small business.

This also involves investing in
reliable infrastructure,
ensuring public safety,
offering quality education
and healthcare, and
maintaining affordable and
varied housing options.

Facilitating public-private
partnerships further
contributes to a thriving
economic environment.

Strong tax revenues are
crucial as they fund the
essential services and improvements that drive continuous growth and ensure the wellbeing of the community.

Property tax
$17,454,200
36%
Sales tax
$11,820,000
24%
Measure E
$9,071,600
19%
Other Revenue
$10,047,885
21%
Budgeted General Fund Revenue
FY 2024 - 2025
FY 2025 Adopted Budget
Item #14. Page 12
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2024-2025 Glendora Economic Action Plan
10 For a community to successfully foster economic development, it must attract investment.

This requires creating an environment that is not only safe and inviting but also equipped with essential amenities. Key factors contributing to a community's attractiveness to investors include:
 Safety: A community must ensure the safety and security of its residents and businesses. This involves effective law enforcement, low crime rates, and emergency services that are responsive and well-resourced.  Quality of Life: An inviting community offers a high quality of life, which includes clean public spaces, recreational facilities, and cultural attractions that make it a desirable place to live and work.
 Educational Opportunities: Access to good schools and educational institutions is crucial. Quality education systems attract families and businesses looking for a skilled workforce, which in turn promotes innovation and economic growth.  Infrastructure: Robust infrastructure, such as efficient transportation networks, reliable utilities, and advanced communication systems, is essential for supporting both existing businesses and new investments.
 Healthcare: Access to quality healthcare services is important for maintaining a healthy workforce and ensuring the well-being of residents.

Economic development serves as an important priority to help ensure the City's financial stability. By generating wealth and improving living standards, it supports a sustainable economy that can withstand economic fluctuations and adapt to changing circumstances.

This, in turn, leads to job creation, increased tax revenues, and a higher standard of living for the community as a whole.

In summary, economic development is not a single, easily defined concept but a comprehensive process involving various interconnected elements. By focusing on attracting investment, ensuring safety, providing quality education, developing infrastructure, and offering healthcare, a community can achieve sustained economic growth and prosperity.

Item #14. Page 13
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2024-2025 Glendora Economic Action Plan
11 Historical Efforts
On June 12, 2012, the City of Glendora adopted its first Economic Action Plan. With the dissolution of California Redevelopment Agencies in 2011, the Plan outlined a multi-pronged approach to economic development, identifying policies and actions that support economic development. Maintaining and implementing an economic action plan is essential to foster a strong business presence in the City. Since 2012, the Economic Action Plan has been updated several times and is due for another update. An updated plan helps attract new businesses and supports the expansion of existing ones, leading to job creation, and increased economic activity. Like many strategic documents, an Economic Development Plan needs to be adjusted periodically to reassess and address the need for change. Regular updates ensure the plan remains relevant and effective in responding to evolving economic conditions, community needs, and emerging opportunities.

Success
The City has achieved numerous successes, demonstrating its commitment to fostering economic growth and enhancing the quality of life for its residents. Notable accomplishments within the City over the past ten-year period include:
 Recognition as the Most Business-Friendly Small City: In 2014, the Los Angeles Economic Development Corporation honored the City as the Most Business-Friendly Small City in Los Angeles County. This prestigious award highlights the City's dedication to creating a supportive environment for businesses through streamlined processes, incentives, and proactive engagement.
 Redevelopment of Shopping Centers: The City has seen private investment in the redevelopment of several shopping centers, including two centers near the intersection of Grand Avenue and Route 66. Revitalization of these spaces attracts new businesses. These redevelopment projects have not only improved the aesthetic appeal and functionality of the centers but have also stimulated economic activity and job creation.
 Opening of the First Food Hall in the
San Gabriel Valley: A significant
milestone for the City was the opening of
the first food hall in the San Gabriel
Valley. This innovative dining destination
has become a popular attraction,
offering a diverse array of culinary
options and providing a vibrant social
hub for residents and visitors alike.

Item #14. Page 14
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2024-2025 Glendora Economic Action Plan
12  Support for Local Businesses: The City has implemented various programs and initiatives to support local businesses, including grant programs, business development workshops, and networking events. These efforts have helped local enterprises thrive and contributed to a robust and diverse local economy.  Investment in Infrastructure: The City has made and will continue to make substantial investments in infrastructure, recognizing its critical role in supporting economic development. The City plans to invest nearly $350 Million over the next 30 years on street and water improvements. Continuous upgrades to transportation networks, utilities, and public facilities enhance the efficiency and resilience of the City's infrastructure, ensuring it meets the needs of a growing population and business community.
 Enhancement of Public Areas: In addition to infrastructure improvements, the City has invested in the enhancement of public areas, including parks, recreational facilities, and public spaces. Improvements to Meda Avenue in the Glendora Village include two pedestrian plazas with games, lighting, shade seating and a fire pit offering a unique, outdoor gathering space for all ages. The Plaza at the center of the Village was redesigned to include performance space and improved seating and lighting. In addition, the installation of parklets along Glendora Avenue added vibrancy to the downtown area while encouraging residents and visitors alike to dine outdoors. These investments have created inviting environments that promote community engagement, healthy lifestyles, and a sense of place among residents in the community. To further enhance public areas throughout the City, in February 2024, the City Council approved the establishment of a Community Art Program, that would support
enhancing aesthetic
and cultural
representations
throughout the
community, as well
as provide exposure
to local artists and
visual arts. The
Community Art
Program will require a
contribution toward
community art from
new development
applications.

Item #14. Page 15
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2024-2025 Glendora Economic Action Plan
13  Private Investment: The continued interest in the City by private developers is a testament to the City’s desirability. New development in the City adds renewed vibrancy and generates property and sales tax revenues. A list of recent and in-theworks developments are on the following table.

Recently Completed Developments
Project Name Type of
Development Project Description Completed
La Colina Residential 124 Estate homes on 95 acres 2010 - ongoing Clearwater Residential 150 Bed Elderly Care Facility 2022 905 E. Arrow Hwy. Residential 16 Detached Condos 2022
1620 S. Glendora Ave. Residential 8 Residential Multi Family units 2024 Wendy’s Restaurant Commercial Fast Food Restaurant 2022 Walmart Expansion Commercial Expansion for online pickup 2023 Fast 5 Car Wash Commercial Drive-Thru carwash 2023
Development in Process
Project Address Type of
Development Project Description Status
Northwest Glendora Residential 121 lot single family subdivision Under Construction
950 Silent Ranch Residential 12 lot single family subdivision Approved 1121 E Arrow Hwy. Residential 19 Attached 3- Story Condo units Approved 531 E Arrow Hwy. Residential 33 Attached 3- Story Condo units Approved 1237 Bonnie Cove Ave. Residential 30 Detached 2-Story Condo units Approved 630 W Foothill Blvd. Commercial 9,500 Sq. Ft. Medical Office Approved 210 S Grand Ave. Commercial 20,974 Sq. Ft. Medical Office Approved 400 N Glendora Ave. Institutional New 9,287 SF Sanctuary Approved 1201 E Arrow Hwy Residential 46 Attached 3-Story Condo Units Approved 1861 E Route 66 Commercial 6,232 Sq. Ft. Medical Office Approved 1717 S Grand Ave. Commercial Car Wash Proposed
723 E. Route 66 Residential 39 Attached 3-Story Condo Units Proposed Item #14. Page 16
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2024-2025 Glendora Economic Action Plan
14 Glendora Economy
Glendora is financially sound, benefiting from strong revenues generated through property and sales taxes, as well as administrative and other fees. This financial stability is further enhanced by a diversified inventory of businesses. The table below is inclusive of businesses that have a physical presence in the City of Glendora.

HdL – Glendora Business License
The health care sector has the largest presence within Glendora. With City and statewide demographic trends pointing to an aging population, it is reasonable to expect that the medical and health care sector will continue to experience strong growth. Retail and beauty related are also expected to do well, with a move toward smaller concept stores as the shift away from big box stores continues.
2%
3%
4%
7%
9%
9%
10%
11%
12%
12%
21%
0% 5% 10% 15% 20% 25%
Fitness/Recreation
Manufacturing
Contractors
Automotive
Restaurants
Finance / Insurance/Real Estate
Professional Services
Other Services
Retail
Beauty: Salon Spa/Cosmetology
Health Care
Business Composition
Item #14. Page 17
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2024-2025 Glendora Economic Action Plan
15 Vacancy Rates
The commercial vacancy rate for all categories in Glendora for Q3 2024 is close to 4.4%, well below the vacancy rate for the County of Los Angeles, which is at about 8.2%. The retail vacancy rate is currently just above 3%; while there are some large anchor spaces that are underutilized, they are occupied which keeps the retail vacancy rate on the low side. The Industrial vacancy rate, which is typically very low due to the small amount of industrial space located in Glendora, experienced a spike in 2020 when a large business left the City leaving a large industrial space vacant. The space is currently available with an opportunity for redevelopment. Like the rest of the nation, office vacancy rates continue to rise with the shift in work practices and the need for many businesses to down-size and cut costs. The office vacancy rate in Glendora is notably high, in part due to a large office building that has remained vacant since the departure of the corporate headquarters. While the overall vacancy rate for Glendora remains lower than the County, the Economic Development Division (ED Division) aims to reduce the vacancies and facilitate new business into the City to occupy the space.

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%

7.00%

8.00%

9.00%

10.00%
Glendora and Los Angeles County
Vacancy Rate
Glendora
LA County
CoStar Research – Estimated Figures
Item #14. Page 18
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2024-2025 Glendora Economic Action Plan
16 CoStar Research – Estimated Figures
Glendora Commercial Inventory
Type Total Area (sq. ft.) Vacant Area (sq. ft.) Avg. $/sq. ft. Vacancy Rate 2024 Q3
Industrial 682,000 44,900 $1.51 6.6%
Office 1,100,000 73,300 $2.45 6.5%
Retail 3,400,000 110,000 $2.45 3.2%
Combined 5,182,000 228,200 $2.13 4.4%
CoStar Research – Estimated Figures
Glendora Workforce
Glendora has a diverse labor market characterized by a substantial workforce and a mix of local employment opportunities. According to the U.S. Census Bureau, the City's labor force consists of approximately 26,000 individuals. The City's employment landscape is marked by a significant number of jobs within the educational, healthcare, and retail sectors, reflecting the community's needs and economic drivers. Despite the local job availability, many residents commute outside the City for work, highlighting the interconnectedness of Glendora's labor market with the broader Los Angeles metropolitan area. This commuting pattern suggests both opportunities for local job creation and the importance of regional economic trends on Glendora's workforce.

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%

7.00%

8.00%

9.00%

10.00%
2020 Q12020 Q22020 Q32020 Q42021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q42024 Q12024 Q2 2024 Q3 EST
2024 Q3 QTD
2024 Q42025 Q12025 Q22025 Q32025 Q4
Glendora Vacancy Rate by Property Type
Retail
Industry
Office
Item #14. Page 19
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2024-2025 Glendora Economic Action Plan
17 2022 American Community Survey, 5-Year Estimate
Unemployment Rates
Glendora, similar to every other city, experienced peak unemployment rates during the early days of the pandemic. The City has seen almost a full recovery and has settled into an unemployment rate of approximately 4.2%, well beneath the County unemployment rate of

5.0%.

EDD – Employment Development Department

0.60%

2.30%

3.90%

4.10%

5.40%

6.90%

7.50%

7.60%

7.80%

9.20%

10.80%

28.50%
0% 5% 10% 15% 20% 25% 30%
Agriculture, Forestry, & Fishing
Information
Wholesale Trade
Public Administration
Transportation, Warehousing, & Utilities
Other services, except public administration
Finance, Insurance, and Real Estate
Construction
Manufacturing
Arts, Entertainment, Food Services,…
Professional, Scientific, Management, & Admin
Retail Trade
Educational Services, Health Care & Social…
Glendora Employment

4.0%

10.20%

7.60%

4.30%

4.20%

4.5%

12.30%

9.00%

5.00%

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%
2019 2020 2021 2022 2023
Unemployment Rates
Glendora Los Angeles County
Item #14. Page 20
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2024-2025 Glendora Economic Action Plan
18 Gap Analysis
A retail gap analysis is a valuable tool for identifying the type of retail opportunities that the City should focus its efforts on attracting to Glendora. A retail gap analysis is a strategic tool used to assess the difference between the current supply of retail goods and services in a city or market area and the existing demand for those goods and services. The main objective is to identify where a lack of supply for the demand exists. The lack of supply signifies a gap opportunity for new retail businesses or to expand existing ones to better meet consumer needs.

The City’s tax revenue consultant, HdL Companies, provides regular reporting on revenue and key economic insights such as per capita sales within the City. Based on this analysis, the top 3 retail gap opportunities within the City have been determined to be service stations, fine dining and family apparel.

Glendora Retail Sales Leakage
Description Sales Tax Deviation Typical Sales Per
Sq Ft by Retail Type
Approximate
Sq Ft Needed
to Close Gap
Service Stations ($148,414) N/A N/A
Fine Dining ($118,615) $800 15,000
Family Apparel ($111,380) $375 30,000
In addition to analyzing the retail gap for Glendora, it is also wise to consider the opportunities within Glendora’s retail trade area. The primary retail trade area extends well beyond the City’s boundaries and is defined as the determined area that consumers are likely to travel to for goods and services needed as well as identifying the origination of the consumers that shop in Glendora. This information is obtained through companies that collect anonymized location data from cell phones, tracking movements and visits to various locations as well as how much time they are spending at any one location. The primary retail trade area for the City of Glendora extends south of the 10 freeway, into Pomona and West Covina, east to La Verne and Claremont and west into Irwindale.

The retail trade area is thriving, generating nearly $3.3 billion dollar demand for retail, food, and dining. The strong, healthy consumer demand along with site availability presents an opportunity for new businesses such as dining, sporting goods, health, and personal care to take advantage of Glendora’s very active trade area.

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2024-2025 Glendora Economic Action Plan
19 Retail Trade Area
Although the Glendora retail trade area is flourishing, an analysis of sales leakage points to areas that remain underserved, that is consumers leaving the trade area for items not found within. An analysis completed in 2023 suggests that nearly $50 million of potential retail sales exists within the categories of sporting goods, specialty food and beer/wine/liquor each year.

Trade Area Retail Sales Leakage
Description Potential Sales Actual Sales Leakage
Sporting Goods $34.3 million $15.6 million $18.6 million Specialty Food Stores $13.7 million $6.5 million $7.1 million Beer, Wine, Liquor $34.2 million $12.7 million $21.5 million Item #14. Page 22
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2024-2025 Glendora Economic Action Plan
20 Strengths and Challenges
Strengths
Glendora’s ability to foster economic development is rooted in its unique strengths and resources, which collectively create an environment conducive to business growth and community prosperity. These strengths serve as economic development tools, attracting investment, spurring innovation, and enhancing the quality of life for residents.  Strategic Location: Glendora is conveniently
located where the 210 and 57 freeways meet,
providing easy access to several major airports,
seaports, major commercial, cultural,
educational, and recreational areas in Southern
California making it a convenient hub for
residential neighborhoods and business
operations.
 Quality of Life: A strong and high quality of life can be found in Glendora. The Glendora Police Department successfully maintains the City’s low crime rate; the City offers residents high quality schools and healthcare facilities as well as an active library, numerous parks, and recreational facilities such as the teen and senior center. The results of the City’s 2022 Community Survey showcase Glendora’s great quality of life; 87% of respondents stated that Glendora offers a good to excellent overall quality of life and 84% responded that Glendora is a good to excellent place to raise a family (84%).
 Skilled Workforce: Citrus College, located in Glendora, as well as Azusa Pacific University and numerous other colleges that are located within a 30-minute drive provide a pipeline of skilled workers.
 Infrastructure: Glendora has invested and continues to prioritize and fund infrastructure improvements throughout the City, providing well-maintained roads and utilities to support business. In 2023, the City Council approved the FY 2023-24 and FY 2024-25 two-year budget which included a 5-year Capital Improvement Plan (CIP). The adopted CIP totals $120.9 million dollars in infrastructure projects with $16.9 million dollars of funded projects in FY 2023-24 and $15.5 million in programmed projects for upcoming fiscal year FY 2024-25.

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2024-2025 Glendora Economic Action Plan
21  New A-Line Station:

Construction of a new Metro A-Line station is expected to be completed in early 2025.

This station will improve the connectivity into and out of Glendora; the station is expected to present new opportunities from capitalizing on new visitors into the City as well as new and redevelopment around the station area.  Updated Zoning (Housing) and Future General Plan Update:

Pursuant to the 6th Cycle Housing Element, the City is implementing programs to facilitate housing development and eliminate regulatory barriers. The City is also working on objective design standards that will substantially revise large sections of the zoning code, Route 66 and Arrow Highway Specific Plans by removing subjective standards and discretionary processes for new construction and development. Major tasks associated with these efforts will be completed by the end of 2025. In 2026, the City will commence the next phase to transform its major land planning policies with a comprehensive update to its General Plan.”
 Business Friendly: Factors that contribute to the City’s business friendliness include the low cost of doing business, which keeps vacancy rates low, a continued effort to improve on the permitting process, outreach, and support to the business community, including business visits, and a grant program implemented in 2021 that provided over $1.8 Million to assist businesses during the pandemic. Since the inception of the first Economic Action Plan, Glendora has made efforts and experienced success as a being business friendly city. In 2014 the City was acknowledged as the Most Business Friendly City in Los Angeles County by the Los Angeles Economic Development Corporation and has consistently seen high satisfaction levels from the business community as evidenced by the Glendora Business Survey, which is conducted every few years.

Item #14. Page 24
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2024-2025 Glendora Economic Action Plan
22 The most recent business survey was conducted in July 2024. The survey asks various questions on different topics, and while results are still preliminary, with a response rate of nearly 20%, it is apparent that a high majority of businesses operating in Glendora are satisfied with the City as a place to do business. More than 83% stated they were satisfied (41.9%) or very satisfied (41.3%) with Glendora as a place to do business. Over the past three surveys, the satisfaction rate has continued to increase, with 73% satisfied or very satisfied in 2012; 82% satisfied or very satisfied in 2016, and 83% satisfied or very satisfied in 2024.

Challenges
While Glendora is fortunate to possess many strengths that can be leveraged, the ED Division is also mindful of the challenges presented. Challenges encountered can hinder the City’s ability to attract new businesses, retain talent and foster a vibrant economic environment.
 An Aging Population: Glendora is an established community with an aging population which may lead to a shrinking workforce, potential labor shortages and a decreased consumer base. This demographic shift can impact the vitality of local businesses and the overall economic activity of the City.

Item #14. Page 25
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2024-2025 Glendora Economic Action Plan
23  Lack of Available Land:

Glendora is mostly a builtout community which
presents constraints with
the readily available land
for development. This
often makes it difficult to
build large new housing
developments or attract
large-scale commercial
projects, requiring the
timely and costly efforts
of land assemblage.
 Aging Infrastructure: The formative period of Glendora’s development as an outlying suburb of Los Angeles was 1950-1980. Infrastructure supporting this period of rapid development is aging and will require a substantial investment to improve water, streets, sewer and other vital infrastructure to support Glendora through the next phase of its evolution as a community.
 Aging and Obsolete Commercial Space: Like its housing stock, most of Glendora’s commercial space was developed during the formative period of the mid-20th Century. This period produced primarily small commercial buildings for single uses such as auto repair, strip retail, drive through restaurants, contractor’s yards, and small service commercial. The predominant development pattern also produced strip commercial with groupings of small businesses fronting along major vehicle corridors. While the vacancy rate is low, new investment in aging buildings and strip commercial is low and fails to attract higher quality retail and restaurants that the community desires.
 High Cost of Development: Rising construction costs, regulatory requirements, and the expense of acquiring land can make development projects prohibitively expensive. These high costs can deter investors and developers from pursuing new projects within the City.
 Disconnect Between Private Parties: Effective economic development often hinges on successful negotiations and agreements between private parties, such as buyers and sellers. A disconnect in this area can result in stalled projects, missed opportunities, and a fragmented approach to development.

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2024-2025 Glendora Economic Action Plan
24 GOALS
Business Retention and Attraction
More than 1,500 businesses are licensed and operate in the City of Glendora. Approximately 1,000 have a commercial storefront and another 500 are home based. The businesses span a diverse range of industries, from in-home enterprises to manufacturing, contractors, and big-box retailers. As we strive to maintain a robust local economy, it is essential to build on our existing strengths and retain the businesses that have chosen Glendora as their home while simultaneously pursuing new businesses for the City.

To ensure the continued success of businesses in Glendora, our Business Retention strategy focuses on providing the necessary tools and support to help them grow and thrive.

Key components of this approach include providing incentives, outreach programs, support services, investments in infrastructure, and marketing Glendora as a prime business location.

New business attraction strategies will utilize a variety of tools including highlighting the City’s positive attributes and following through on our “Business Friendly” reputation, keeping our cost of doing business low, attending events, and the offering of incentives.

Strategic Areas
While all areas of the City contribute to its overall vitality and growth, it is crucial to recognize that certain locations have been identified as strategic sites. These areas hold significant potential for driving economic development, attracting investment, and enhancing the City's overall appeal. Consequently, these strategic sites require additional resources and focused efforts to realize their full potential. During this Plan’s period, the identified strategic areas are as follows:

1. Glendora Village
The Glendora Village is Glendora’s downtown area. It is the heart of the community and the central location for community events such as the Holiday Tree Lighting, the Homecoming Parade, the annual Wine Walk, and Classic Car Flashback event. The Village is a three-block area, lined with trademark “gum drop” Ficus trees and filled with small boutique shops and services. To help set the Village apart it is served by a Business Improvement District (BID) that primarily focuses on marketing and beautification. Within the last few years, the City made a substantial investment in the Village with the installation of parklets in the right of way for outdoor dining and improvements to the center Village Plaza and the street closure on Meda Avenues.

Centered in the Glendora Village, the Village Plaza offers a large open space with a variety of seating options, making it an ideal venue for community events. Meda Item #14. Page 27
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2024-2025 Glendora Economic Action Plan
25 Avenue features, a fire pit, mini golf putting area, ping pong table, chess board, cornhole, and giant Connect-four and Jenga. Both east and west sides of Meda Avenue include shading structures, painted ground murals, planters, and seating.

The focus for improvement in the Glendora Village would be to encourage additional development on vacant and underutilized parcels and find ways to draw in additional visitors to support the BID.

2. Glendora Station Area
The Glendora Station Area is
geographically identified as the half mile
radius from the incoming Metro A-Line
Station. The new station is expected to be
a catalyst for investment and a mix of new
development including pedestrian
friendly improvements as well as
residential, commercial, and retail
development. The City was awarded a
Metro TOC TAP grand and engaged
PlaceWorks, Inc. to prepare a preferred
development scenario, make code
recommendations and provide model
design standards in the form of a vision
plan to accommodate development
around the A-Line.

Item #14. Page 28
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2024-2025 Glendora Economic Action Plan
26 3. Mayflower – 940 S. Grand Avenue
Mayflower is a 1950s era
neighborhood shopping center
with a prime location at the
intersection of South Grand
Avenue and West Baseline Road,
just north of the 210 Freeway.

The center is approximately 7
acres, with a 40,000 sq. ft. anchor
space that has been vacant or
underutilized since 2016 when
Sport Chalet, a sporting goods
retailer filed for bankruptcy and
closed all stores. In addition to the anchor space, there are numerous vacant in-line shops. The site is a premier location and of notable size presenting a great opportunity for redevelopment. The ED Team is coordinating with the property owner to offer assistance with the site’s redevelopment.

4. 1000 E. Route 66
The shopping center at 1000 E. Route 66 is approximately 6 acres. Like the Mayflower site, 1000 E. Route 66 is an older neighborhood shopping center with vacancies that would benefit from redevelopment. The ED Division has periodic check-ins with the property’s commercial broker to obtain updates and understand if there is an opportunity for the City to help facilitate redevelopment.

Item #14. Page 29
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2024-2025 Glendora Economic Action Plan
27 5. Arrow Highway
Since the adoption of the
Arrow Highway Specific
Plan, the City has seen a
significant increase in
investment and
development along
Arrow Highway. The City
adopted the Specific
Plan in 2018, which
facilitated the Glendora
Public Market, the first
food hall in the San
Gabriel Valley completed and opened in 2020, and a new project with 16 residential condos was built, sold and are currently occupied. There are currently nearly 100 residential units in the pipeline for approval along Arrow Highway. The City’s ED Team will continue to help facilitate investment and development along Arrow Highway.

6. 1332 S. Lone Hill Avenue
The 3.15-acre site at 1332
S. Lone Hill Avenue, once
home to a manufacturing
corporation, is now a
vacant 41,000 SF
industrial building with a
demolition permit issued
in July 2024. Situated
across from the Glendora
Marketplace, a regional
shopping center, this
soon-to-be vacant site
offers a prime opportunity
for redevelopment.

Although currently zoned
M-1A (light manufacturing), the City is open to rezoning the site to a use that complements the surrounding area. The Economic Development Division will partner with the property owner and a commercial broker to market the site and attract desired development.

Item #14. Page 30
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2024-2025 Glendora Economic Action Plan
28 Glendora Citywide Strategic Plan
On April 11, 2023, the Glendora City Council adopted the 2023-2025 Citywide Strategic Plan.

This plan identifies seven priority goals, one of which is to "Implement Strategic Economic Development." This goal alone includes nine objectives with a total of 37 specific tasks designed to achieve the goal effectively. The first objective under the “Implementing Strategic Economic Development” goal, is to “Update the Economic Development Action Plan.”
2023 – 2025 Citywide Strategic Plan
Goal 1: Implement Strategic Economic Development
Objective 1: Update the Economic Action Plan
Task 1: Host a public workshop on modern economic development practices. Completed  Task 2: Create an incentive package for identified industry clusters. Est. 09/2024 Task 3: Identify top 10 economic leakage opportunities. Completed  Task 4: Re-branding and marketing of the City with materials and media. Completed  Task 5: Evaluate Staffing needs based on City Council priorities. Completed  Task 6: Identify changes necessary to Route 66 and Arrow Highway Specific Plan to attract projects. Est. FY 2025
Task 7: Identify private property owners who want to work with the City. Completed  Objective 2: Continue Comprehensive General Plan Update (Long-Term) Task 1: Complete Safety and Environmental Justice sections. Est. FY 2025 Task 2: Prepare for remaining sections and issue an RFP for consultants to begin working in 2025. Start in 2026
Objective 3: Complete Village Projects
Task 1: Complete Business Improvement District changes. Completed  Task 2: Complete Meda Avenue and Bus Plaza improvements. Completed  Task 3: Complete Outdoor Dining Program. Completed 
Task 4: Complete outdoor sign, display rules and regulations. Est. 12/2024 Task 5: Complete policy for use of public space in Village. Est. 12/2024 Objective 4: Create a Vision and Development Plan for the Village/Gold Line area Task 1: Complete conceptual development plans for future housing and commercial developments. Est. FY 2025
Task 2: Identify key sites for targeted development. Completed  Task 3: Identify daytime vs nighttime needs. Est. FY 2025 Task 4: Approve certain allowances and incentives for targeted businesses. Est. 09/2024 Task 5: Coordinate community-based place marking to include Civic buildings. Est. FY 2025 Continued on next page.

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2024-2025 Glendora Economic Action Plan
29 Objective 5: Sixth Cycle Housing Element follow-up
Task 1: Complete rezoning required for density increases. Completed  Task 2: Implement 31 action items approved by City Council and Planning Commission. Est. 12/2024
Task 3: Develop objective design standards (ODS). Est. FY 2025 Task 4: Identify and implement areas of CEQA streamlining. Start in 2025 Task 5: Identify and implement affordable housing programs and incentives. Est. FY 2025 Task 6: Update subdivision code. Est. FY 2025
Objective 6: Complete disposition of San Jose site
Task 1: Follow required HCD process for disposition of City property. Completed  Task 2: Identify best use for site. Completed 
Task 3: Identify a developer or buyer to move forward with best use. Completed  Objective 7: Develop and implement a comprehensive public art policy Task 1: Survey of surrounding cities’ public art programs. Completed  Task 2: Complete summary of Glendora’s public art policies. Completed  Task 3: Finalize City Council feedback on recommendations for a comprehensive public art plan. Completed 
Objective 8: Prioritize City investment to compliment City priorities and programs Task 1: Finalize approach to the preparation of the City’s Capital Improvement Plan (CIP). Completed 
Task 2: Facilitate investment in City parks and facilities to promote greater access and use. Completed 
Task 3: Ensure foundational plans are included in future development decisions. Completed  Objective 9: Consider possible annexation of County islands within the City’s sphere of influence Task 1: Provide overview of annexation process through LAFCO. Completed  Task 2: Development of Cost of Services Study. Est. FY 2025 Task 3: Identify population changes with possible new residents and comparison to current population trends. Completed 
Item #14. Page 32
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2024-2025 Glendora Economic Action Plan
30 STRATEGY To accomplish the established economic development goals, the ED Division will implement a series of targeted strategies designed to maximize growth, attract investment, and enhance the quality of life for all residents. These strategies include comprehensive planning and business outreach to ensure alignment with needs, substantial infrastructure investments to improve connectivity and support development, and economic incentives to attract businesses and foster public-private partnerships. Additionally, we will focus on robust marketing and promotion of strategic sites, coupled with continuous monitoring and evaluation to adapt, and refine our approach based on real-time feedback and changing conditions. Together, these strategies will drive sustainable economic growth and sustain Glendora’s position as a vibrant, thriving city.

Business Outreach & Support
The ED Division will proactively engage with business owners to understand their needs and address any challenges they may face. Business outreach and support will be accomplished through the following efforts:
 Business Visits – introducing businesses to the ED Division, providing a name and a face that they can reach out to with any questions or requests for assistance.  Business Survey – a tool that will help the ED Division understand the issues and concerns facing the business community and how the Team can best respond to the needs, now and over time.
 Welcome Letters – an introductory letter will be mailed to new businesses, thanking them for choosing Glendora as their place of business and letting them know who they can contact for assistance or
questions.
 Attendance at Glendora Chamber of
Commerce Events and New Business
Ribbon Cuttings.
 Business workshops – the ED Division
will host workshops to provide an
opportunity for businesses to network
and learn how to optimize their
business.

Item #14. Page 33
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2024-2025 Glendora Economic Action Plan
31 Infrastructure Improvements
Glendora is continuously upgrading and maintaining essential infrastructure. Infrastructure improvements play a crucial role in supporting economic development by enhancing connectivity, reducing operational costs, and attracting investment. Upgraded transportation networks, modernized utilities, and improved public services create a more efficient and attractive environment for businesses, fostering growth and creating new job opportunities. By laying a strong foundation, these improvements stimulate economic activity and contribute to long-term prosperity. Over the next 30 years, the City is committed to spending nearly $350 Million on street and water improvements.

Public Private Partnerships
The ED Division actively works to build and strengthen partnerships with private property owners and developers, facilitating connections and negotiations between the two parties.

Serving as an intermediary, the ED Division aims to align the interests of property owners and developers, ensuring mutually beneficial agreements that lead to successful projects.

This facilitation can expedite development processes, resolve potential conflicts, and create opportunities for innovative projects that might otherwise stall. Such partnerships not only leverage private investment to enhance urban infrastructure and amenities but also stimulate local economic growth, create jobs, and improve the overall quality of life for residents. In essence, cities that actively broker these relationships contribute to a more dynamic and resilient local economy. To further expand these partnerships, the City seeks to engage a commercial real estate broker who will leverage their connections to attract investment and development in Glendora.

Marketing and Promotion
The ED Division will market and promote the City through comprehensive community profiles, broker roundtables, and by actively participating in industry conferences, such as the International Council of Shopping Centers (ICSC). Creating detailed community profiles that highlight the City’s strengths, such as its strategic location, skilled workforce, quality of life, and business-friendly environment, provides potential investors with essential insights into the opportunities available. These profiles can be shared through various channels, including the City’s website, social media, and promotional materials. Broker roundtables provide an opportunity for the ED Division to update commercial brokers with relative City updates, new activity in the City and receive information on the commercial space inventory in the City. Additionally, attending conferences and trade shows allows the ED Division to network with industry leaders, showcase the City’s assets, and attract new businesses and investments. By presenting a compelling and data-driven narrative about the City’s unique Item #14. Page 34
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2024-2025 Glendora Economic Action Plan
32 advantages, the ED Division can effectively position the City as a prime destination for business growth and development.

Site Inventory
Keeping an inventory of available commercial spaces on the City website is a valuable economic development tool. This online resource provides potential investors and businesses with easy access to current listings, facilitating the site selection process and attracting new enterprises. By offering detailed information about vacant properties, the City can quickly connect businesses with suitable spaces, enhance transparency, and promote strategic areas for development. This proactive approach not only streamlines business attraction efforts but also supports informed decision-making and efficient resource allocation, contributing to overall economic growth.

Placemaking
Placemaking supports economic development
by transforming public spaces into vibrant,
attractive areas that foster community
engagement and enhance the quality of life. The
City has actively engaged in Placemaking with
the parklets in the Glendora Village and the
improvements on Meda Avenue in the Village,
which provide space for people to connect and
visit the City’s downtown.

In addition to the public space improvements,
Placemaking is also implemented through
largely attended community events such as the
Flashback Classic Car Show, the Holiday Stroll,
and Glendora Wine Walk. Largely attended
community events are vital for economic
development by drawing crowds that boost
local businesses and invigorate public spaces.

By creating inviting environments where people want to live, work, and visit, placemaking attracts businesses, visitors, and residents alike. Revitalized areas and community events become hubs of activity, encouraging local spending, increasing property values, and stimulating investment. Furthermore, placemaking often involves collaboration among stakeholders, including local government, businesses, and community members, which strengthens social ties and fosters a sense of ownership and pride in the community.

Item #14. Page 35
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2024-2025 Glendora Economic Action Plan
33 Incentives
Incentives are tools which can be helpful in attracting businesses into Glendora and in encouraging existing businesses to improve and expand within the City. Tools within an incentive toolbox can include both nonmonetary and monetary incentives.

Targeted Industry Clusters and Areas
The Economic Action Plan recognizes the importance of supporting all businesses; however, due to limited resources, it is not feasible to extend all incentives universally. Consequently, the Plan must adopt a targeted strategic approach, prioritizing the allocation of resources to specific desired industries and strategic areas that have the potential to drive significant economic growth and development.

Identified targeted clusters and areas include:
• New restaurant development
• Businesses that address retail sales leakage:
o Service Stations
o Fine Dining
o Family Apparel
o Sporting Goods
o Specialty Food Stores
o Beer, Wine, Liquor
• Strategic Areas
o Glendora Village
o Glendora Station Area
o 940 S. Grand Avenue (Mayflower)
o 1000 E. Route 66
o Arrow Highway
o 1332 S. Lone Hill
Nonmonetary Incentives
Nonmonetary incentives will be made available to all businesses and developers, unless otherwise noted.
 Streamlined Permitting Process: The Economic Action Plan strategy includes a continuous openness to review the permit process and identify ways to further streamline the process to reduce the time and complexity involved in starting or expanding a business.
 Regulatory Support: The ED Division will help business owners navigate regulatory requirements to assist with obtaining required permits for the establishment of their business.

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2024-2025 Glendora Economic Action Plan
34  Fast Track Entitlement Review: Fast-track entitlement review accelerates the approval process for development projects included within the targeted industry clusters and strategic areas and with a project valuation of over $1 Million, reducing delays and so businesses can begin to operate sooner, thereby making the area more attractive.
 Access to Resources: Offering access to market research, economic data, and other valuable information that can aid in business planning and decision-making.  Networking Opportunities: The ED Division will host networking events to facilitate connections between businesses and encourage the formation of industry clusters where businesses in the same sector can collaborate and share resources.  Business Promotion: To promote Glendora’s
business community and enhance their visibility,
a business directory will be maintained on the City
website and will be promoted through social
media. Additionally, the ED Division will explore
Shop Local programs to incentivize the
community to shop in Glendora.

Monetary incentives
Monetary incentives will be implemented through a targeted strategic approach, prioritizing the allocation of financial resources to specific desired industries and strategic areas that have the potential to drive significant economic growth and development.

By targeting key sectors and locations, the City aims to maximize the impact of its monetary incentives, foster a thriving business environment, and ensure sustainable economic prosperity for the community.
 Beautification Grant: grant funds applied to the cost of exterior façade improvements, or community art such as murals, that beautify the City commercial sectors (available to all businesses).
 Business Loans: low interest business loans to assist with equipment purchases and costly tenant improvements, such as a grease interceptor. (targeted sectors and areas).
 Job Creation Tax Credits: this program would be designed to offer tax credits based on the number of jobs created (targeted sectors and areas).  Conceptual Review Fee Waiver: a reduction of elimination of fees for targeted sectors and areas.

Item #14. Page 37
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2024-2025 Glendora Economic Action Plan
35  Sales Tax Agreement: offering a performance-based sales tax-agreement would tie tax incentives to the achievement of specific business milestones, such as job creation or revenue growth. This approach ensures that tax benefits are directly linked to tangible economic outcomes, encouraging accountability and business expansion.

By implementing these strategies, the goal is to not only retain but also empower our businesses, ensuring they have the support and resources needed to succeed in Glendora.

This approach will help sustain our strong local economy and enhance the overall prosperity of our community.

Item #14. Page 38
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2024-2025 Glendora Economic Action Plan
36 IMPLEMENTATION
Economic Development Team
Implementation of the Economic Development Action Plan will require collaboration with all City departments as well as through numerous outside stakeholders. Every department is vested in economic development; each has an impact upon the health of our business community either through development approval, issuing building permits, processing business licenses or contributing to the City’s exceptional quality of life by providing a safe environment, assisting with informational knowledge, a sustainable environment along with a multiple of other highlights that have made our community such a desired place to live, work, and play.
 The Plan will be implemented primarily through the ED Division within the Community Development Department. The ED Division will assist incoming and existing businesses, market, and brand the City. Additionally, the ED Division will implement new programs to assist businesses and assist with new development.  Members of City Council are also champions for economic development, encouraging development, growth, and lending their ears to the business community and sharing concerns with City staff for response.  Planning staff will offer expertise in zoning information and land entitlements, streamline development review processes, identify necessary revisions to the Route 66 and Arrow Highway Specific Plan to attract new projects, lead the General Plan Update, and oversee the creation of development design standards.  Public Works will oversee infrastructure improvements, offer environmentalfriendly strategies, recycling programs, and help with navigating local and state water regulations.
 Finance Division staff will provide assistance with the underwriting of incentive programs and development of innovative financial options for elements within this Plan.
 Police Department will ensure a safe community to conduct business.  Library and Community Services staff will continue to provide recreational opportunities and provide informational support rounding up a well-balanced City with an exceptional quality of life.
 Business affiliates include recognized organizations that have a desire to assist in the economic development of the community. Organizations thus far have Item #14. Page 39
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2024-2025 Glendora Economic Action Plan
37 included the Glendora Chamber of Commerce, the Business Improvement District, commercial real estate brokers, utility companies and the SGV Economic Partnership, etc. Each of these parties assist by way of sharing information, giving feedback or providing resources that can help implement parts of the Plan.  Property owners are the critical connection in all transactions.

The team, including all department staff, City Council and stakeholders will communicate with one another so that all parties are in tune with the workings of others, and decisions or actions are carried out with the greatest amount of knowledge possible. Finally, these members are a critical source to receive feedback so that the Plan can continually be adjusted to meet the needs and most importantly be successful for the community of Glendora.

Financial Commitment
Through the inclusion of economic development as a priority goal in the Citywide Strategic Plan, the City Council established the priority need for economic development. The Strategic Plan identifies specific tasks for the economic development team to accomplish.

Implementation of these tasks will require dedicated funding.

The creation of an Economic Development Fund is a key effort under this Economic Action Plan. Sales tax revenue, inclusive of Measure E, is projected to generate nearly $21 Million in FY 2025, nearly 43% of the General Fund. It is recommended that the Economic Development Fund be established with a $1 Million dollar allocation. One million dollars equates to 4.8% of the sales tax revenue generated, which is a significant reinvestment into the business community reflecting the importance of economic development.

A financial commitment towards an economic action plan is critical for several reasons:

1. Ensuring Implementation and Success
• Resource Allocation: Adequate funding ensures that the necessary resources, including personnel, technology, and infrastructure, are available to implement the action plan.
• Project Execution: Financial commitment helps in the timely execution of projects and initiatives outlined in the plan, reducing the risk of delays or incomplete projects.

2. Building Credibility and Trust
• Stakeholder Confidence: Financial backing demonstrates the City’s commitment to its economic goals, building trust among residents, businesses, investors, and other stakeholders.

Item #14. Page 40
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2024-2025 Glendora Economic Action Plan
38 • Attracting Investment: Clear financial support can attract additional private investments and partnerships, enhancing the overall economic development efforts.

3. Driving Economic Growth
• Infrastructure Development: Investing in
infrastructure projects (roads, transportation,
utilities) can spur economic activity and make the
City more attractive for businesses and residents.
• Business Support: Funding programs that support
local businesses, such as grants, loans, or training programs, can stimulate business growth and innovation.

4. Creating Jobs and Opportunities
• Employment: Economic action plans often include initiatives to create jobs and improve workforce skills. Financial investment is essential to fund job training programs, educational initiatives, and other employment-related projects.

6. Long-term Sustainability
• Economic Resilience: Financial commitment to economic planning helps build a resilient economy capable of withstanding downturns and external shocks.

By creating a $1 million Economic Development Fund, the City will be able to support the various tasks and initiatives identified in the Economic Action Plan. This modest reinvestment of 4.8% of the sales tax revenue back into the business community is essential to ensure the success of the City's economic development efforts, driving growth, creating opportunities, and enhancing the quality of life for all residents.

The following allocations are provided as examples for consideration purposes only and may be subject to change.
• Business Loans: $500,000
• Beautification Grants: $150,000
• Job Creation Tax Credits: $100,000
• Shop Local Campaign: $100,000
• Events, Meetings, Subscriptions, Marketing, etc.: $100,000 • Consultant Fees: $50,000
In summary, a financial commitment to an economic action plan is crucial for ensuring effective implementation, fostering economic growth, building trust and credibility, creating jobs, improving quality of life, ensuring long-term sustainability, maintaining accountability, and leveraging additional funds.

Item #14. Page 41
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2024-2025 Glendora Economic Action Plan
39 KEY PERFORMANCE INDICATORS
Key performance indicators (KPIs) are included with this economic action plan in order to monitor and reflect on the plan's success in driving economic growth and development through measurable outcomes.

Key metrics will include the following:
• Number of Businesses Assisted Annually: 100
The number of businesses assisted annually is an indicative of the level of support provided to local businesses and startups. The ED Division will set a baseline goal of assisting 100 businesses this first year. Assistance includes helping a business startup, navigate City processes, promote small businesses or provide support through workshops and networking events.
• Commercial Vacancy Rate: 4.4%
Maintaining or reducing the vacancy rate is crucial for demonstrating the effective use of commercial spaces, ensuring a vibrant and active local economy. The City’s commercial vacancy rate of 4.4% is below that of Los Angeles County’s rate of 8.2%, therefore the target vacancy rate will be set at maintaining or reducing the comprehensive commercial rate of 4.4%.
• Number of New Developments Annually: 4
Tracking the number of completed new developments of which the ED Division is involved with each year helps assess the city's growth. The goal for new development this year will be set at 4 and is inclusive of residential units and commercial developments.
• Monitoring Strategic Areas:

Monitoring the development of strategic sites, as referenced in the plan, showcases progress in transforming targeted areas into productive and economically beneficial zones.

These Key Performance Indicators offer a comprehensive assessment of the economic action plan's impact and effectiveness. As a dynamic, evolving document, the plan will undergo regular updates to reflect progress and changing conditions. The next scheduled update is in 2025, aligning with the release of the new Citywide Strategic Plan.

Item #14. Page 42
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ECONOMIC ACTION PLAN

COMMUNITY DEVELOPMENT

GLENDORA CITY COUNCIL
AUGUST 27, 2024

VALERIE VELASQUEZ-SANTOYA, ECONOMIC DEVELOPMENT AND HOUSING MANAGER Item #14. Page 43
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2023 – 2025 CITYWIDE STRATEGIC PLAN
7 GOALS
GOAL 1:

IMPLEMENT STRATEGIC ECONOMIC DEVELOPMENT
7 Objectives with 31 Tasks
• Objective 1: Update the Economic Action Plan
• Task 1: Host a public workshop on modern economic
development practices
 Completed September 5, 2023
Item #14. Page 44
Meeting Date: 8/27/2024 / Packet Page #: 408

UPDATED ECONOMIC ACTION PLAN
Economic Action Plan introduced in 2012
2024 -2025 Economic Action Plan:

1. Glendora Today

2. Economic Development

3. Goals

4. Strategy

5. Implementation

6. Key Performance Indicators
Item #14. Page 45
Meeting Date: 8/27/2024 / Packet Page #: 409

GLENDORA TODAY
Item #14. Page 46
Meeting Date: 8/27/2024 / Packet Page #: 410
GLENDORA TODAY details the City's
background and present status, setting the
context for the rest of the plan.
• Demographics
• Community Partnerships
• Business Community
• Land Use
Item #14. Page 47
Meeting Date: 8/27/2024 / Packet Page #: 411

ECONOMIC DEVELOPMENT
Item #14. Page 48
Meeting Date: 8/27/2024 / Packet Page #: 412
ECONOMIC DEVELOPMENT explains
the importance of fostering a vibrant business
community to ensure the city's financial health
and quality of life. • Purpose • Generation of Wealth • Continued Growth and Sustainability • Key Factors • Safety • Quality of Life • Infrastructure • Success Experienced • 2014 Most Business Friendly City • First Food Hall in San Gabriel Valley • Enhancements of Public Areas • Private Investment • Glendora Economy • Business Composition • Vacancy Rates • Glendora Workforce • Unemployment Rates • Gap Analysis • Strengths and Challenges Item #14. Page 49
Meeting Date: 8/27/2024 / Packet Page #: 413
Private Investment
Enhancement of Public Areas
First Food Hall in SGV
Item #14. Page 50
Meeting Date: 8/27/2024 / Packet Page #: 414
Gap
Opportunities:

Retail Trade Area:

Glendora Retail Trade Area
Service Stations Sporting Goods
Fine Dining Specialty Food Stores
Family Apparel Beer, Wine and Liquor
Item #14. Page 51
Meeting Date: 8/27/2024 / Packet Page #: 415
GOALS
Item #14. Page 52
Meeting Date: 8/27/2024 / Packet Page #: 416
GOALS
v Business Retention and Attraction
v Strategic Areas

1. Glendora Village

2. Glendora Station Area

3. 940 S. Grand Ave. (Mayflower)

4. 1000 E. Route 66

5. Arrow Highway

6. 1332 S. Lone Hill
v Citywide Strategic Plan
7 Objectives, 31 Tasks
Item #14. Page 53
Meeting Date: 8/27/2024 / Packet Page #: 417

STRATEGIC AREAS
Glendora Village Glendora Station Area 940 S. Grand Ave. 1000 E. Route 66 Arrow Highway 1332 S. Lone Hill Avenue Item #14. Page 54
Meeting Date: 8/27/2024 / Packet Page #: 418
Item #14. Page 55
Meeting Date: 8/27/2024 / Packet Page #: 419

STRATEGY
Item #14. Page 56
Meeting Date: 8/27/2024 / Packet Page #: 420

STRATEGY
v Business Outreach & Support
v Infrastructure Improvements
v Public Private Partnerships
v Marketing and Promotion
v Site Inventory
v Placemaking
v Incentives
Item #14. Page 57
Meeting Date: 8/27/2024 / Packet Page #: 421

NONMONETARY
• Streamlined Permitting Process
• Regulatory Support
• Fast Track Entitlement Review*
• Access to Resources
• Networking Opportunities
• Business Promotion

MONETARY
• Beautification Grant
• Business Loans*
• Job Creation Tax Credits*
• Conceptual Review Fee Waiver*
• Sales Tax Agreement

INCENTIVES
*Targeted Identified Industry Clusters & Strategic Areas:

Retail Sales Leakage Strategic Areas
Service Station Glendora Village
Fine Dining (Restaurant) Glendora Station Area
Family Apparel 940 S. Grand Ave. (Mayflower)
Sporting Goods 1000 E. Route 66
Specialty Food Stores Arrow Highway
Beer, Wine, Liquor 1332 S. Lone Hill Ave.

Item #14. Page 58
Meeting Date: 8/27/2024 / Packet Page #: 422

IMPLEMENTATION
Item #14. Page 59
Meeting Date: 8/27/2024 / Packet Page #: 423

ECONOMIC DEVELOPMENT TEAM
• Economic Development Division
• City Council, All Departments and external stakeholders.

FINANCIAL COMMITMENT
• An increase funding for Economic Development
• Allows for implementation and success
• Builds credibility and trust
• Drives economic growth
• Creates jobs and opportunities
• Long-term sustainability

IMPLEMENTATION
Item #14. Page 60
Meeting Date: 8/27/2024 / Packet Page #: 424

ONE MILLION DOLLARS
• The San Jose Property sale is anticipated to net $4 million to the City. A portion of the proceeds from the property sale, $1 million, is requested to provide increased funding towards meeting City economic development initiatives.

Example of funding allocations:
 Business Loans: $ 500,000
 Beautification Grants: $ 150,000
 Job Creation Tax Credits: $ 100,000
 Shop Local Campaign: $ 100,000
 Events, Meetings, Subscriptions, Marketing, etc.: $ 100,000  Consultant Fees: $ 50,000
Programs will be developed and presented to City Council prior to implementation.

FUNDING REQUEST
Item #14. Page 61
Meeting Date: 8/27/2024 / Packet Page #: 425

KEY PERFORMANCE

INDICATORS
Item #14. Page 62
Meeting Date: 8/27/2024 / Packet Page #: 426
KEY METRICS TO MONITOR THE PLAN’S SUCCESS:
• Number of Businesses Assisted Annually: 100
• Commercial Vacancy Rate: 4.4%
• Number of New Developments Annually: 4
• Monitor Strategic Areas

KEY PERFORMANCE INDICATORS OFFER A COMPREHENSIVE

ASSESSMENT OF THE ECONOMIC ACTION PLAN'S IMPACT AND

EFFECTIVENESS

KEY PERFORMANCE INDICATORS
Item #14. Page 63
Meeting Date: 8/27/2024 / Packet Page #: 427
Comprehensive Strategy For Driving Economic Growth and Sustaining the City’s Economic Vitality
Creation Of An Economic Development Fund Is A Critical Component to the Action Plan
A Dynamic And Evolving Document
Regularly Updated

ECONOMIC ACTION PLAN
Item #14. Page 64
Meeting Date: 8/27/2024 / Packet Page #: 428
RECOMMENDATION:

THAT THE CITY COUNCIL:

1. Approve the Economic Action Plan; and

2. Authorize a supplemental appropriation in the amount of $1,000,000 in the General Fund (101) from one-time revenue received from the sale of the San Jose Property.

Item #14. Page 65
Meeting Date: 8/27/2024 / Packet Page #: 429

STAFF REPORT
TO: Mayor and Council Members DATE: August 27, 2024
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Authorize The Purchase of a 2024 Kenworth T880 Vacuum Excavator from Haaker Equipment Company Based in La Verne, CA in the amount of $734,769.95, including Taxes and Fees

RECOMMENDATION
That the City Council:

1. Authorize the purchase of one (1) 2024 Kenworth T880 vacuum excavator from Haaker Equipment Company based in La Verne, CA for $734,769.95, including taxes and fees.

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

EXECUTIVE SUMMARY
Currently, the Water Division fleet includes a single vacuum excavator truck. Staff recommends purchasing an additional vacuum excavator to enable the Division to work at full capacity to maintain and repair the City’s water infrastructure. The cost of the vehicle will be $734,769.95. Funding for the vehicle is included and available in the adopted FY2023-24 Budget in the Fleet Management Fund (554).

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On April 9, 2024 the City Council conducted its Mid-Year Budget Review for FY2023-24. As part of the Mid-Year Budget Review, the City Council authorized an adjustment to the Vehicle Replacement Fund to facilitate the purchase of a vacuum excavator and four other trucks in the amount of $940,000.

Per California Government Code §6502 regarding Joint Powers Agreements, “if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state.”
Per Glendora Municipal Code Section 2.40.090(c)(6), competitive procurement through the informal and formal procurement processes shall not be required when cooperative purchasing is available and undertaken or when goods can be obtained through federal, state, and/or other public entity pricing contracts or price agreements.

Sourcewell, formerly known as National Joint Powers Alliance (NJPA), is a government agency service cooperative available to all education and government entities, as well as non-public schools and nonprofit organizations. As a participating agency of Sourcewell (Member ID#94382), Glendora can legally utilize Sourcewell’s competitively bid cooperative purchasing agreements to acquire various goods and services.

Vactor Manufacturing (Vactor) was awarded Sourcewell cooperative purchasing agreement #101221-VTR Item #15. Page 1
Meeting Date: 8/27/2024 / Packet Page #: 430
Staff Report Page 2 of 2
for catch basin cleaners, water jetters, vacuum excavators, combination sewer cleaners, vacuum excavation and hydro excavation on December 20, 2021, and the agreement’s current term expires November 29, 2025. Haaker Equipment Company in La Verne, CA is the closest authorized dealer for Vactor equipment.

DISCUSSION
Currently the Water Division fleet includes a single vacuum excavator truck, limiting the pace at which the Division can perform work requiring its use. Staff was able to secure a quote through Vactor’s Sourcewell cooperative purchasing agreement for (1) Truvac HXX vacuum excavator through Haaker Equipment Company in La Verne, CA for $734,769.95. Staff recommends the purchase of this particular vacuum excavator because beyond better enabling the Division to work at full capacity to maintain and repair the City’s water infrastructure, and the administrative efficiency of utilizing the Sourcewell agreement, it also has superior functionality to the current one. It will allow for smaller hole-sizes and disturbance and thus less backfill material and can serve as a water pump/backhoe and air compressor all-in-one when needed.

Even more conveniently, the dealer is nearby and has a chassis available in stock, significantly reducing the amount of time which it will take for the City to take possession of the vehicle, and ensuring better availability of assistance should any issues arise.

FISCAL IMPACT
The Fleet Management Fund (554) is used for maintenance of the fleet and to purchase vehicle replacements. Sufficient funds are available in the FY2023-2025 2-Year Adopted Budget in the Fleet Management Fund (554) for this vehicle purchase in the amount of $750,000.

ENVIRONMENTAL DETERMINATION
N/A
Prepared By Steve Flores, Equipment Maintenance Supervisor Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant 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. Vactor-TruVac HXX Vacuum Excavator Quote
B. Vactor Sourcewell Contract
C. Presentation
Item #15. Page 2
Meeting Date: 8/27/2024 / Packet Page #: 431
2070 North White Avenue, La Verne, California 91750
(909) 598-2706 ~ Haaker.com
May 28, 2024
TO: CITY OF GLENDORA ATTN: MR. JASON FORSBERG
116 E. FOOTHILL BLVD. (626) 852-4833
GLENDORA CA 91741 EMAIL: [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the Sourcewell Cooperative Purchasing Agreement – Contract #101221-VTR.

ONE (1) NEW TRUVAC HXX 18” VACUUM EXCAVATOR
12 Cubic Yard Volumetric Debris Body, 1200 Gallons Water with Roots 824-18” Blower. Mounted On A 2024 Kenworth T880 CNG Chassis with Allison Automatic Transmission. Equipped With All Standard and Optional Equipment Listed:

STANDARD EQUIPMENT:
 DIG RIGHT TECHNOLOGY
 CYLINDRICAL DESIGNED DEBRIS
BODY, 1/4" EX-TEN STEEL
 FLAT STYLE, 3/4 REAR DOOR

W/REPLACEABLE NEOPRENE SEAL
 HYDRAULIC REAR DOOR LOCKING
SYSTEM
 HYDRAULIC REAR DOOR OPEN/CLOSE
SYSTEM
 8" INSPECTION PORT W/LADDER
ACCESS
 REAR DOOR SUPPORT FOR

OPERATOR SAFETY
 DOUBLE ACTING DUMP HOIST

CYLINDER
 DUAL AIR PORTS W/DUAL 10"

STAINLESS STEEL FLOAT BALLS
 1200 GALLON INSULATED

POLYPROPYLENE WATER TANK
 WATER TANK SEPARATE FROM

DEBRIS TANK
 WATER TANK FILL W/25' WATER

HOSE AND CONNECTORS
 WATER LEVEL SIGHT GAUGE, MARK-V

ELECTRONIC LOW WATER WARNING
SYSTEM
 5 YEAR WARRANTY AGAINST LEAKS
 WATER SYSTEM RATING IS 10 GPM @
2500 PSI
 HYDRAULIC OPERATED TRI-PLEX

PISTON WATER PUMP
 WATER PUMP ON/OFF LOCATED ON

WIRELESS CONTROL AND CONTROL
BOX
 VARIABLE PRESSURE AND FLOW
ACHIEVED BY ELECTRONIC-OVERHYDRAULIC CONTROLS @

OPERATORS STATION
 ISO 46 HYDRAULIC OIL
 HANDGUN HOSE 3/8" X 75'
W/OPERATING PRESSURE OF 3500
PSI
 ULTRA QUIET INLET AND OUTLET

SILENCERS ACOUSTICALLY MATCHED

TO BLOWER
 DIRECT DRIVE OMSI TRANSFER CASE

W/AIR SHIFT
 SINGLE CYCLONIC SEPARATOR W/14"

CLEAN OUT DOOR
 MICRO STRAINER FINAL FILTER W/3"

CAMLOC DRAIN
 8" VACUUM RELIEF LOCATED IN THE
INLET OF DEBRIS TANK.
 WIRELESS REMOTE CONTROL FOR

BOOM W/WATER PUMP CONTROL,
THROTTLE, VACUUM RELIEF AND ESTOP. - HAND-HELD
 CONTROL PANEL LOCATED INSIDE AN

ALUMINUM BOX FOR PROTECTION
 8" I.D WIRE REINFORCED RUBBER

SUCTION HOSE
 ELECTRIC-OVER-HYDRAULIC BOOM
 HYDRAULICALLY POWERED

UP/DOWN/LEFT/RIGHT/EXTEND/RE

TRACT BOOM
 BOOM CONTROL LOCATED AT

CONTROL PANEL AND HANDHELD

WIRELESS CONTROL
Item #15. Page 3
Meeting Date: 8/27/2024 / Packet Page #: 432
 ALL BOOM INLET HOSE AND TUBING
WILL BE 8" INSIDE DIAMETER
 8" VACUUM PIPE PACKAGE WITH 8"

DIG TUBE
 WATER SYSTEM DIGGING WAND

PACKAGE
 ALUM. HYD. OIL TANK W/SIGHT
GAUGE
 ENTIRE ELECTRICAL SYSTEM

MOISTURE AND VAPOR SEALED
 TOW HOOKS FRONT AND REAR
 MUD FLAPS
 ELECTRONIC BACK-UP ALARM
 FENDERS
 MANUAL HAND PUMP FOR BOOM

HYDRAULIC OVERRIDE
 GROUNDING CABLE TO TIE DEBRIS

BODY, SUB FRAME, AND CHASSIS
 WIRELESS WRIST STRAP EMERGENCY

STOP W/DIG LANCE TETHER
 TOOLBOX, DRIVER SIDE CHASSIS
FRAME, 48W X 20H X 30D.
 FACTORY TRAINING AND START-UP
 CAMERA SYSTEM, REAR ONLY
 6" REAR DOOR KNIFE VALVE
W/CAMLOC, 3:00 POSITION
 HYDRAULIC TANK SHUTOFF VALVES
 REAR DOOR SPLASH SHIELD
 REMOTE CORDED PENDANT
 (2) SINGLE JET DIGGING NOZZLES
W/CARBIDE INSERTS AND (1) 3 JET

DIGGING NOZZLES WITH STAINLESS

STEEL INSERTS AND FLOW

STRAIGHTENER TO BE SUPPLIED
 LED LIGHTS, CLEARANCE, STOP, TAIL,

TURN, BACKUP
 50” X 30" X 30" X 30" ALUMINUM

TOOLBOX LOCATED BEHIND CAB FOR
WATER PUMP AND/OR HOSE REEL.
 TOOLBOX, PASSENGER SIDE

SUBFRAME IN LIEU OF TOOL TRAY,
104W X 24H X 22D
OPTIONAL EQUIPMENT:
 WIRELESS REMOTE CONTROL FOR

BODY FUNCTIONS - HAND-HELD
 7' TELESCOPIC BOOM,320 DEG.

ROTATION WITH REMOVABLE

TURRET BOX
 CYCLONE DRAIN VALVE
 FOLDING PIPE RACK, CURBSIDE
 FOLDING PIPE RACK, STREETSIDE
 LUBE MANIFOLD
 PLASTIC LUBE CHART
 DEBRIS BODY VIBRATOR,

HYDRAULIC
 FLOAT BALL SCREEN, PERFORATED

PLASTIC
 VACUUM ENHANCER
 WORK LIGHTS (2), BOOM
 WORK ZONE LIGHTING, (8) LED LIGHTS
 MODULE PAINT, DUPONT IMRON ELITE
- SANDED PRIMER BASE
 DOOR STRIPE MATERIAL, REFLECTIVE
TAPE
 TRUVAC LOGOS - APPLIED
 TRUVAC MANUAL, PARTIAL MANUAL

AND USB VERSION
 6” REAR DOOR KNIFE VALVE
W/CAMLOC 3:00 POSITION
 20 GPM/3000 PSI WATER SYSTEM
 AIR EXCAVATION PACKAGE 185 CFM
 REAR DIRECTIONAL CONTROL LED

ARROW BOARD
 WATERPROOF RECHARGEABLE

WIRELESS HANDHELD LED SPOTLIGHT
W/12V CHARGER AND PLUG
 REAR MOUNTED LED BEACON LIGHT

WITH LIMB GUARD
 WATER TANK TOOLBOX, DRIVERS SIDE
48X24X12
 CAMERA SYSTEM FRONT/REAR/BOTH
SIDES
 5 YEAR EXTENDED ENGINE CHASSIS

WARRANTY
 3 YEAR EXTENDED TRUVAC BODY

WARRANTY
UNIT PRICE:........................................................................................................... $ 679,178.00 SOURCEWELL DISCOUNT:.................................................................................($ - 12,720.00) SUBTOTAL: ............................................................................................................ $ 666,458.00 SALES TAX (10.25%).........................................................................................$ 68,311.95 TOTAL PRICE F.O.B, GLENDORA, CA.: .............................................. $ 734,769.95 THE PROPERTY HEREIN IS GUARANTEED BY THE MANUFACTURER’S WARRANTY ONLY AND SELLER MAKES NO

WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good until 15 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: To Be Determined TERMS: Net 30
We appreciate the opportunity to present this proposal and look forward to being of further and continued service.

HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: Chuy Vallejo DATE:

JOSE “CHUY” VALLEJO
PARTS/SERVICE/OUTSIDE SALES MGR.

Item #15. Page 4
Meeting Date: 8/27/2024 / Packet Page #: 433
101221-VTR
Rev. 3/2021 1
Solicitation Number: RFP #101221

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vactor Manufacturing, a division of Federal Signal, 1621 South Illinois St., Streator, IL 61364 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Item #15. Page 5
Meeting Date: 8/27/2024 / Packet Page #: 434
101221-VTR
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

Item #15. Page 6
Meeting Date: 8/27/2024 / Packet Page #: 435
101221-VTR
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

Glendora City CouncilAugust 27, 2024

Glendora City Council
August 27, 2024