Agenda packet — Glendora City Council, November 12, 2024 (part 1 of 2)

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
AGENDA
TUESDAY, NOVEMBER 12, 2024
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
As a courtesy to others attending this meeting, please turn off or place in silent mode all cell phones and other communication devices while in the Council Chamber. Thank you.

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

MAYOR/CHAIR
Mendell Thompson, District 5

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

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

MEETING SCHEDULE
The regular meetings of the City Council shall be held on the second and fourth Tuesday of each month, closed session business will commence as early as 5:00 PM, when scheduled, and general business session will commence at 7:00 PM.

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

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

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

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

Meetings can also be viewed via the City YouTube channel at YouTube.com/cityofglendoraca.

Meeting Date: 11/12/2024 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
AGENDA
TUESDAY, NOVEMBER 12, 2024
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
6:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session business will commence at 6:00 PM, when scheduled, and General Business Session will commence at 7:00 PM.

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

CALL TO ORDER

ROLL CALL

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

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code §54957(b) to conduct an employee performance evaluation for the position of City Manager.

2. CONFERENCE WITH LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code §54957.6 with the Mayor and Mayor Pro Tem as the City negotiators, regarding labor negotiations with unrepresented employee – City Manager.

PLEDGE OF ALLEGIANCE AND INVOCATION

REORDERING OF AND ADDITIONS TO THE AGENDA

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

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

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

3. Public Comments received
Meeting Date: 11/12/2024 / Packet Page #: 2

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

4. Presentation by the San Gabriel Valley Council of Governments (SGVCOG) regarding programs, accomplishments, and goals for the coming year

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

5. Review and Affirm Disbursements for October 2024 in the amount of $6,509,801.79 CITY RECOMMENDATION: 1. Review and affirm disbursements for October 2024 in the amount of $6,509,801.79.

6. Adopt a Resolution Authorizing a Non-Financial Agreement with the California Franchise Tax Board for Exchange of Business License Tax Data
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, "A RESOLUTION OF

THE CITY COUNCIL AUTHORIZING A RECIPROCAL AGREEMENT WITH THE

CALIFORNIA FRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAX DATA" authorizing a Non-Financial Agreement with the California Franchise Tax Board (“FTB”) for Exchange of Business License Tax Data; and 2. Authorize the City Manager and his/her designee(s) to execute a non-financial reciprocal agreement with the California FTB for the exchange of Business License Tax Data for a term beginning January 1, 2025 through December 31, 2027, subject to non-substantive changes approved by the City Manager and City Attorney.

7. Approve of Amendment No. 3 to the Agreement for Contractual Services between Thirkettle Corporation dba Aqua Metric Sales Company and the City of Glendora dated January 2020 for water division AMI meter system maintenance extending the term of the agreement for three years in an amount not to exceed $158,656
CITY RECOMMENDATION: 1. Approve Amendment No. 3 to the Agreement for Contractual Services with Thirkettle Corp dba Aqua Metric Sales Company for AMI Meter System Annual Maintenance, extending the term of the agreement for an additional three-year period, in an amount not to exceed $158,656; and 2. Authorize the City Manager to execute Amendment No. 3.

8. Approve Amendment No. 3 to the agreement for contractual services between Thirkettle Corporation dba Aqua Metric Sales Company and the City of Glendora dated September 8, 2020 for water division meter parts and supplies, extending the term of the agreement for one year and increasing the contract sum to an amount not to exceed $190,000
CITY RECOMMENDATION: 1. Approve Amendment No. 3 to the Agreement for Contractual Services with Thirkettle Corp dba Aqua Metric Sales Company for Water Division Meter Parts and Supplies, extending the term of the agreement for an additional one-year period, and increasing the contract sum to an amount not to exceed $190,000; and 2. Authorize the City Manager or his designee to execute Amendment No. 3 with Thirkettle Corp dba Aqua Metric Sales Company including minimal and/or non-substantive changes.

Meeting Date: 11/12/2024 / Packet Page #: 3

9. Notice of Completion for the Abatement and Demolition of the City Owned Property at 1762 Dale Road, Plan No. 1389
CITY RECOMMENDATION: 1. Accept the completion of the Abatement and Demolition of City Property at 1762 Dale Road Project, Plan No. 1389, by Horizon Construction Co., Int’l Inc.; 2.

Approve the final contract amount of $1,368,200; 3. Authorize the Mayor to sign the Notice of Completion for Recordation; 4. Authorize the Public Works Director to release the project retention 35 days after the recordation of Notice of Completion; 5. Authorize the release of the Labor and Materials Bond in the amount of $1,289,373.94, six months after recordation of Notice of Completion, if no claims have been received; and 6. Authorize the release of the Faithful Performance Bond one (1) year following recordation of Notice of Completion if the improvements remain free from defects in materials and workmanship.

MEMBER AGENDA ITEMS

10. Community Preservation Staffing
CITY RECOMMENDATION: 1. Receive and file report; and 2. Provide direction to staff for any actionable item.

NEW BUSINESS

11. Water Conservation Report
CITY RECOMMENDATION: 1. Receive and discuss the Water Conservation Report.

12. Approve an Agreement with Miracle Playground Sales for Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park in an amount not to exceed $284,700.60 CITY RECOMMENDATION: 1. Adopt a CEQA Notice of Exemption for Capital Improvement Project Pour-In-Place for South Hills Park, Ole Hammer Park, and Willow Springs Park; 2. Approve an Agreement with Miracle Playground Sales for Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park in the amount of $284,700.60; and 3. Authorize the City Manager or his designee to execute the agreement with Miracle Playground Sales including minimal and/or non-substantive changes.

13. Approve an Agreement with IDS Group, Inc. for Architectural, Engineering and Consultant Services for the City Corporate Yard Improvement Project in an amount not to exceed $725,581 CITY RECOMMENDATION: 1. Award an Agreement for Contract Services to IDS Group, Inc., in the not to exceed amount of $725,581; and 2. Authorize the City Manager or his designee to execute the agreement, including any minimal and/or non-substantive changes.

MEMBER/STAFF CLOSING COMMENTS

ADJOURNMENT
Meeting Date: 11/12/2024 / Packet Page #: 4
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Glendora City Hall bulletin board at 116 E. Foothill Boulevard and on the City of Glendora website at www.cityofglendora.org not less than 72 hours prior to the meeting in accordance with Government Code Section 54954.2.

Dated: November 7, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 11/12/2024 / Packet Page #: 5
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STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Finance DISTRICT(S): Citywide
SUBJECT: Review and affirm disbursements for October 2024 in the amount of $6,509,801.79

RECOMMENDATION
That the City Council:

1. Review and affirm disbursements for October 2024 in the amount of $6,509,801.79.

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

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

DATE A/P PAYROLL TOTAL
10/04/2024 $1,528,930.33 $830,092.62 $2,359,022.95
10/11/2024 $697,662.38 $697,662.38
10/18/2024 $1,392,821.69 $766,369.61 $2,159,191.30
10/25/2024 $1,293,925.16 $1,293,925.16
Total $4,913,339.56 $1,596,462.23 $6,509,801.79

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

DISCUSSION
Notable disbursements in October 2024 include $1,085,579.29 to Stephen Doreck Equipment for Mauna Loa Ave Water & Street Improvements, $734,769.95 to Haaker Equipment Company for the vector truck for street and water repair work, and $600,000 to Glendora Unified School District for pool renovations.

For October 2024, the attached reports will continue to be refined for future months as the City identifies the most complete report available in the new financial system.

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

Item #5. Page 1
Meeting Date: 11/12/2024 / Packet Page #: 18
Prepared By George Perez-Sosa, Accounting Technician
Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Not Applicable
CEQA Review Not Applicable
ATTACHMENTS:

A. Warrant Register – October 2024
Item #5. Page 2
Meeting Date: 11/12/2024 / Packet Page #: 19

CITY OF GLENDORA
CITY COUNCIL MEETING 11/12/2024
WARRANT REGISTER FOR 10/4/2024
GENERAL WARRANT REGISTER - TYLER 1,528,930.33 $
PAYROLL EFT 830,092.62 $
TOTAL $ 2,359,022.95
PREPARED BY: George Perez

REVIEWED BY
Finance Director/City Treasurer
Item #5. Page 3
Meeting Date: 11/12/2024 / Packet Page #: 20
Check Number Amount Check Date Payee Check Type
1447 $358.81 10/04/24 88844MOTOR AP ACH1448 $2,526.50 10/04/24 A&P COMPLIANCE TESTING, INC. AP ACH 1449 $61.83 10/04/24 ALTA‐FOODCRAFT INC. AP ACH
1450 $72.56 10/04/24 BAKER & TAYLOR, LLC AP ACH1451 $298.15 10/04/24 BLACK AND WHITE EMERGENCY VEHICLES AP ACH 1452 $31,618.36 10/04/24 CDW GOVERNMENT, INC. AP ACH
1453 $1,139.03 10/04/24 CLEAN SWEEP SUPPLY CO., INC AP ACH 1454 $1,259.00 10/04/24 CLINICAL LAB OF SAN BERNARDINO AP ACH 1455 $126.51 10/04/24 COLLEY AUTO CARS INC AP ACH
1456 $1,967.67 10/04/24 COLLEY AUTO CARS INC AP ACH
1457 $4,087.50 10/04/24 DRAW TAP GIS, LLC AP ACH
1458 $2,516.02 10/04/24 DURHAM SCHOOL SERVICES, L.P. AP ACH 1459 $176.40 10/04/24 EDMARK GRAPHICS INC. AP ACH
1460 $89.27 10/04/24 GALE/CENGAGE LEARNING AP ACH
1461 $607.50 10/04/24 GEORGE E. BOOTH CO., INC. AP ACH
1462 $136.43 10/04/24 GLENDORA TROPHY & ENGRAVING AP ACH 1463 $299.64 10/04/24 GRAINGER AP ACH1464 $34,485.99 10/04/24 JMD AP ACH1465 $427.83 10/04/24 OCLC INC. AP ACH1466 $2,025.20 10/04/24 OVERDRIVE, INC. AP ACH1467 $36,359.51 10/04/24 PLACEWORKS AP ACH1468 $600.25 10/04/24 TONY'S AUTO REPAIR AP ACH1469 $722.86 10/04/24 RYDIN DECAL AP ACH1470 $80.00 10/04/24 SAN GABRIEL VALLEY CITY MANAGERS' ASSOCIATION AP ACH 1471 $40.41 10/04/24 SPOK INC. AP ACH1472 $2,960.00 10/04/24 THYSSENKRUPP ELEVATOR CORP AP ACH1473 $1,744.42 10/04/24 ULINE AP ACH 1474 $2,407.55 10/04/24 WALTERS WHOLESALE ELECTRIC CO AP ACH 1475 $5,075.05 10/04/24 XEROX CORPORATION AP ACH1476 $1,444.48 10/04/24 AFSCME DISTRICT COUNCIL 36 AP ACH 1477 $100.00 10/04/24 DANA SIMPSON AP ACH1478 $730.00 10/04/24 GLENDORA CITY EMPLOYEE ASSOCIATION AP ACH City of Glendora
1 of 3
Item #5. Page 4
Meeting Date: 11/12/2024 / Packet Page #: 21
Check Number Amount Check Date Payee Check Type
City of Glendora
1479 $460.00 10/04/24 GLENDORA MANAGEMENT ASSOCIATION AP ACH 1480 $563.50 10/04/24 GLENDORA POLICE MANAGEMENT AP ACH 1481 $4,538.40 10/04/24 MIDAMERICA ADMIN&RETIRE SOLUTIONS AP ACH 1482 $4,160.00 10/04/24 POLICE ASSOCIATION AP ACH
1483 $2,930.21 10/04/24 WAGEWORKS, INC. AP ACH
117752 $350.00 10/04/24 ADLERHORST INTERNATIONAL LLC AP Printed117753 $492.50 10/04/24 AM/PM DOOR INC AP Printed117754 $648.91 10/04/24 AT&T AP Printed117755 $3,613.10 10/04/24 SOUTHERN CALIFORNIA NEWS GROUP AP Printed 117756 $13,917.25 10/04/24 DECALS BY DESIGN, INC. AP Printed117757 $1,442.69 10/04/24 NAPA AUTO PARTS AP Printed117758 $1,381.12 10/04/24 HARRINGTON INDUSTRIAL AP Printed 117759 $925.58 10/04/24 HOLLIDAY ROCK CO., INC. AP Printed 117760 $88,031.50 10/04/24 J DE SIGIO CONSTRUCTION INC. AP Printed 117761 $45,386.81 10/04/24 COUNTY OF LOS ANGELES AP Printed 117762 $42,213.13 10/04/24 COUNTY OF LOS ANGELES AP Printed 117763 $4,564.66 10/04/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 117764 $541.16 10/04/24 LA COUNTY SHERIFF'S DEPT AP Printed117765 $50,000.00 10/04/24 SUPERIOR COURT OF CA, CNTY OF LA AP Printed 117766 $411.68 10/04/24 NET TRANSCRIPTS INC AP Printed
117767 $4,792.00 10/04/24 NEWSBANK, INC. AP Printed117768 $6.38 10/04/24 KIM EDMONDSON AP Printed 117769 $69.34 10/04/24 ANTONIO NAVARRO AP Printed
117770 $125.00 10/04/24 Brandon Brown AP Printed
117771 $26.77 10/04/24 CINDY OLSON AP Printed
117772 $32.28 10/04/24 DEBORA R GARCIA AP Printed
117773 $251.86 10/04/24 DIANE LU SNOWDEN AP Printed
117774 $141.74 10/04/24 DONNA MERINO AP Printed
117775 $46.23 10/04/24 GERARDO CERVANTES AP Printed117776 $195.35 10/04/24 GLENDORA PET GROOMING AND SPA AP Printed 117777 $28.76 10/04/24 JOSEPHINE DANELS AP Printed117778 $4,935.74 10/04/24 Juan Perez Cueva AP Printed 2 of 3
Item #5. Page 5
Meeting Date: 11/12/2024 / Packet Page #: 22
Check Number Amount Check Date Payee Check Type
City of Glendora
117779 $850.36 10/04/24 KALBAN INC AP Printed
117780 $128.34 10/04/24 KRISTIN HOLLAND AP Printed117781 $69.38 10/04/24 LARISSA CORTEZ AP Printed117782 $239.90 10/04/24 MARK ANDERSON & ASSOCIATES AP Printed 117783 $600.00 10/04/24 Nancy Poitou AP Printed117784 $44.69 10/04/24 NORMAN GERWIEN AP Printed117785 $4,950.00 10/04/24 Pacific Arch Development, Inc. AP Printed 117786 $109.42 10/04/24 QIANWEN CHI AP Printed
117787 $37.00 10/04/24 ROSALIND HASSAN AP Printed117788 $77.23 10/04/24 SARAH LOWE AP Printed 117789 $1,468.07 10/04/24 SE PIPELINE CONSTRUCTION AP Printed 117790 $90.03 10/04/24 VERTEX CIVIL LLC AP Printed
117791 $1,020.00 10/04/24 WILLIAM LYON HOMES AP Printed 117792 $61.31 10/04/24 YING WANG AP Printed117793 $243.19 10/04/24 RIO HONDO COLLEGE AP Printed 117794 $1,040.00 10/04/24 PECK ROAD GRAVEL AP Printed117795 $12,442.30 10/04/24 SOUTHERN CALIFORNIA EDISON AP Printed 117796 $1,591.46 10/04/24 SPRAGUES READY MIX AP Printed 117797 $1,085,579.29 10/04/24 STEPHEN DORECK EQUIPMENT AP Printed 117798 $812.08 10/04/24 UNIFIRST CORPORATION AP Printed117799 $104.55 10/04/24 UNITED SITE SERVICES OF CA, INC. AP Printed 117800 $1,903.35 10/04/24 VULCAN MATERIALS COMPANY AP Printed 117801 $1,500.00 10/04/24 HIGGINS CARPET CARE AP Printed 117802 $150.00 10/04/24 EMPLOYMENT DEVELOPMENT DEPARTMENT AP Printed 117803 $50.00 10/04/24 FRANCHISE TAX BOARD AP Printed
$1,528,930.33
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Item #5. Page 6
Meeting Date: 11/12/2024 / Packet Page #: 23

CITY OF GLENDORA
CITY COUNCIL MEETING 11/12/2024
WARRANT REGISTER FOR 10/11/2024
GENERAL WARRANT REGISTER - TYLER 697,662.38 $
PAYROLL EFT - $
TOTAL $ 697,662.38
PREPARED BY: George Perez

REVIEWED BY
Finance Director/City Treasurer
Item #5. Page 7
Meeting Date: 11/12/2024 / Packet Page #: 24
Check Number Amount Check Date Payee Check Type
1484 $363.57 10/11/24 88844MOTOR AP ACH1485 $3,151.50 10/11/24 ABSOLUTE SOFTWARE, INC. AP ACH 1486 $1,368.00 10/11/24 AIR‐EX AIR CONDITIONING INC. AP ACH 1487 $15,128.75 10/11/24 ALL CITY MANAGEMENT SERVICES INC AP ACH 1488 $35.00 10/11/24 ALTA‐FOODCRAFT INC. AP ACH
1489 $770.00 10/11/24 ATE ROJAS WINDOW CLEANING AP ACH
1490 $469.30 10/11/24 BAKER & TAYLOR, LLC AP ACH1491 $89.10 10/11/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 1492 $273.20 10/11/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 1493 $102.88 10/11/24 COLLEY AUTO CARS INC AP ACH
1494 $21,183.70 10/11/24 CRAFTWATER ENGINEERING INC AP ACH 1495 $3,190.00 10/11/24 DE NOVO PLANNING GROUP AP ACH
1496 $10.15 10/11/24 DOCU‐TRUST AP ACH
1497 $10,558.59 10/11/24 E.J. WARD, INC. AP ACH
1498 $4,166.67 10/11/24 GLENDORA CHAMBER OF COMMERCE (BID FUNDS) AP ACH 1499 $1,886.21 10/11/24 GRAINGER AP ACH
1500 $25,988.67 10/11/24 INLAND VALLEY HUMANE SOCIETY &AP ACH 1501 $5,759.46 10/11/24 JMD AP ACH1502 $20,833.33 10/11/24 LA ‐ C.A.D.A. AP ACH 1503 $600.00 10/11/24 GWEN LACOMBE AP ACH
1504 $1,200.00 10/11/24 MATTHEW WILLIAMS AP ACH
1505 $340.00 10/11/24 MERCURY FENCE CO., INC. AP ACH
1506 $3,500.00 10/11/24 MICHAEL FRAUENTHAL & ASSOCIATES, INC. AP ACH 1507 $542.69 10/11/24 KIMBALL MIDWEST AP ACH
1508 $44.09 10/11/24 MIDWEST TAPE LLC AP ACH1509 $836.68 10/11/24 ODP BUSINESS SOLUTIONS, LLC AP ACH1510 $178.01 10/11/24 TONY'S AUTO REPAIR AP ACH 1511 $506.00 10/11/24 SAN GABRIEL VALLEY EXAMINER AP ACH 1512 $15.00 10/11/24 SANDERS LOCK & KEY, INC. AP ACH
1513 $42,405.00 10/11/24 SDI PRESENCE LLC AP ACH
1514 $125.00 10/11/24 SPECIAL T WATER SYSTEMS INC AP ACH 1515 $765.00 10/11/24 SPEED CHARGE LLC AP ACH
City of Glendora
1 of 3
Item #5. Page 8
Meeting Date: 11/12/2024 / Packet Page #: 25
Check Number Amount Check Date Payee Check Type
City of Glendora
1516 $350.00 10/11/24 STREAMLINE CORP. AP ACH1517 $880.00 10/11/24 TRANSTECH ENGINEERS, INC AP ACH 1518 $213.56 10/11/24 ULINE AP ACH
1519 $1,000.00 10/11/24 UNITED MAINTENANCE SYSTEMS AP ACH 1520 $1,795.00 10/11/24 VERONICA TAM & ASSOCIATES, INC AP ACH 1521 $286.00 10/11/24 WAGEWORKS, INC. AP ACH1522 $4,754.84 10/11/24 WALTERS WHOLESALE ELECTRIC CO AP ACH 1523 $9,483.60 10/11/24 WESTERN WATER WORKS SUPPLY CO. AP ACH 1524 $605.94 10/11/24 Y TIRE PERFORMANCE LLC AP ACH
117804 $48,101.88 10/11/24 ALESHIRE & WYNDER, LLP AP Printed 117805 $3,700.00 10/11/24 ALVARO GARCIA AP Printed
117806 $48.23 10/11/24 AT&T AP Printed117807 $98,827.01 10/11/24 AZUSA LIGHT & WATER AP Printed 117808 $975.00 10/11/24 COSCO FIRE PROTECTION AP Printed 117809 $162.02 10/11/24 FRONTIER AP Printed117810 $188,725.00 10/11/24 G.M. SAGER CONSTRUCTION CO., INC AP Printed 117811 $423.73 10/11/24 HILLYARD/LOS ANGELES AP Printed 117812 $4,081.06 10/11/24 COUNTY OF LOS ANGELES AP Printed 117813 $75.00 10/11/24 COUNTY OF LOS ANGELES AP Printed 117814 $75.00 10/11/24 COUNTY OF LOS ANGELES AP Printed 117815 $336.17 10/11/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 117816 $40,193.17 10/11/24 COUNTY OF LOS ANGELES AP Printed 117817 $127.00 10/11/24 CONCENTRA MEDICAL CENTERS AP Printed 117818 $175.00 10/11/24 Cheryl Preecha AP Printed117819 $300.00 10/11/24 Idania Guerrero Juarez AP Printed 117820 $348.39 10/11/24 Joseph Daly AP Printed
117821 $300.00 10/11/24 Luz Campos AP Printed
117822 $1,000.00 10/11/24 Michael Cammarano AP Printed117823 $150.00 10/11/24 Naga Kondapalli AP Printed 117824 $130.00 10/11/24 Rosanne Torres AP Printed
117825 $175.00 10/11/24 Xin Hu AP Printed
117826 $160.96 10/11/24 YING WANG AP Printed
2 of 3
Item #5. Page 9
Meeting Date: 11/12/2024 / Packet Page #: 26
Check Number Amount Check Date Payee Check Type
City of Glendora
117827 $1,452.44 10/11/24 SOCALGAS AP Printed
117828 $35.28 10/11/24 SOUTHEAST CONSTRUCTION AP Printed 117829 $386.54 10/11/24 SOUTHERN CALIFORNIA EDISON AP Printed 117830 $1,060.61 10/11/24 SPRAGUES READY MIX AP Printed 117831 $103,974.11 10/11/24 U.S. BANK CORPORATE PAYMENT AP Printed 117832 $1,163.51 10/11/24 UNIFIRST CORPORATION AP Printed117833 $9,403.90 10/11/24 VERIZON WIRELESS AP Printed 117834 $1,543.68 10/11/24 VULCAN MATERIALS CO AP Printed 117835 $4,298.20 10/11/24 HIGGINS CARPET CARE AP Printed $697,662.38
3 of 3
Item #5. Page 10
Meeting Date: 11/12/2024 / Packet Page #: 27

CITY OF GLENDORA
CITY COUNCIL MEETING 11/12/2024
WARRANT REGISTER FOR 10/18/2024
GENERAL WARRANT REGISTER - TYLER 1,392,821.69 $
PAYROLL EFT 766,369.61 $
TOTAL $ 2,159,191.30
PREPARED BY: George Perez

REVIEWED BY
Finance Director/City Treasurer
Item #5. Page 11
Meeting Date: 11/12/2024 / Packet Page #: 28
Check Number Amount Check Date Payee Check Type
1525 $1,810.10 10/18/24 88844MOTOR AP ACH1526 $601.00 10/18/24 AIR‐EX AIR CONDITIONING INC. AP ACH 1527 $300.00 10/18/24 ANIMAL PEST MANAGEMENT SERVICES AP ACH 1528 $11,794.27 10/18/24 AVALON COLLISION CENTERS INC AP ACH 1529 $23.63 10/18/24 AZUSA WHOLESALE PLUMBING, INC. AP ACH 1530 $171.08 10/18/24 BAKER & TAYLOR, LLC AP ACH1531 $5,860.93 10/18/24 BILL WHALEN AND ASSOCIATES, INC. AP ACH 1532 $1,940.47 10/18/24 BRADY INDUSTRIES OF CALIFORNIA LLC, A BRADYPLUS CO AP ACH 1533 $253.24 10/18/24 BRODART COMPANY AP ACH
1534 $334.43 10/18/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 1535 $568.30 10/18/24 COLLEY AUTO CARS INC AP ACH
1536 $1,157.63 10/18/24 COMMERCIAL DOOR COMPANY INC. AP ACH 1537 $10,658.03 10/18/24 COVINA IRRIGATING COMPANY AP ACH 1538 $2,119.88 10/18/24 DUKE CULTURAL RESOURCES MANAGEMENT, LLC AP ACH 1539 $176.40 10/18/24 EDMARK GRAPHICS INC. AP ACH
1540 $2,009.00 10/18/24 GENERAL PUMP CO. INC. AP ACH
1541 $175.00 10/18/24 GINA POILLUCCI AP ACH
1542 $3,764.69 10/18/24 GRAINGER AP ACH
1543 $6,000.00 10/18/24 GRANICUS AP ACH
1544 $724.87 10/18/24 HACH COMPANY AP ACH1545 $1,015.00 10/18/24 MICHELLE HARRINGTON AP ACH1546 $190.90 10/18/24 HIGH SPEED PLUMBING, INC. AP ACH 1547 $1,418.77 10/18/24 IMS REFRIGERATION INC. AP ACH1548 $1,520.00 10/18/24 INTELLIGENT FIRE SYSTEMS & SOLUTION AP ACH 1549 $22,003.82 10/18/24 INTER‐CON SECURITY SYSTEMS INC. AP ACH 1550 $3,500.00 10/18/24 JOE A. GONSALVES & SON AP ACH
1551 $930.00 10/18/24 JPW COMMUNICATIONS, INC AP ACH
1552 $1,250.00 10/18/24 KEENAN & ASSOCIATES AP ACH
1553 $1,265.00 10/18/24 LAW ENFORCEMENT MEDICAL AP ACH1554 $3,000.00 10/18/24 MARIPOSA LANDSCAPES, INC. AP ACH1555 $2,250.00 10/18/24 NATIONAL TESTING NETWORK, INC. AP ACH 1556 $915.00 10/18/24 NAVIANT, INC AP ACH
City of Glendora
1 of 4
Item #5. Page 12
Meeting Date: 11/12/2024 / Packet Page #: 29
Check Number Amount Check Date Payee Check Type
City of Glendora
1557 $18,657.50 10/18/24 NELSON/NYGAARD CONSULTING AP ACH 1558 $4,063.28 10/18/24 NORM'S REFRIGERATION, LLC AP ACH 1559 $1,200.13 10/18/24 ODP BUSINESS SOLUTIONS, LLC AP ACH1560 $16,043.55 10/18/24 PLACEWORKS AP ACH1561 $199.95 10/18/24 PRESCREEN SOLUTIONS, INC AP ACH 1562 $425.00 10/18/24 QUALITY PUMPING SERVICES INC AP ACH1563 $175.19 10/18/24 TONY'S AUTO REPAIR AP ACH1564 $76.46 10/18/24 THE SAUCE CREATIVE SERVICES AP ACH 1565 $85.00 10/18/24 R & R CUSTOM SIGNS AP ACH
1566 $109.74 10/18/24 STERICYCLE, INC. AP ACH
1567 $1,843.38 10/18/24 The Briefing Room LLC AP ACH
1568 $17,842.35 10/18/24 THREE VALLEYS MUNICIPAL WATER AP ACH 1569 $734,769.95 10/18/24 HAAKER EQUIPMENT COMPANY AP ACH 1570 $504.18 10/18/24 UNDERGROUND SERVICE ALERT/SC AP ACH 1571 $766.22 10/18/24 UNITED RENTALS (NORTH AMERICA) AP ACH 1572 $286.00 10/18/24 WAGEWORKS, INC. AP ACH1573 $1,689.89 10/18/24 WALTERS WHOLESALE ELECTRIC CO AP ACH 1574 $105,222.61 10/18/24 WEST COAST ARBORISTS, INC. AP ACH 1575 $1,515.50 10/18/24 Y TIRE PERFORMANCE LLC AP ACH
1576 $2,725.16 10/18/24 AFLAC ‐ INDIV AP ACH1577 $3,426.64 10/18/24 AFLAC ‐ GROUP AP ACH1578 $1,444.48 10/18/24 AFSCME DISTRICT COUNCIL 36 AP ACH 1579 $100.00 10/18/24 DANA SIMPSON AP ACH1580 $77,048.94 10/18/24 FIRE RISK MANAGEMENT SERVICES AP ACH 1581 $720.00 10/18/24 GLENDORA CITY EMPLOYEE ASSOCIATION AP ACH 1582 $470.00 10/18/24 GLENDORA MANAGEMENT ASSOCIATION AP ACH 1583 $513.50 10/18/24 GLENDORA POLICE MANAGEMENT AP ACH 1584 $1,450.00 10/18/24 MIDAMERICA ADMIN&RETIRE SOLUTIONS AP ACH 1585 $10,008.22 10/18/24 MIDAMERICA ADMIN&RETIRE SOLUTIONS AP ACH 1586 $45.98 10/18/24 MIDAMERICA ADMIN & RETIRE(ADMINFEE) AP ACH 1587 $4,060.00 10/18/24 POLICE ASSOCIATION AP ACH
1588 $720.56 10/18/24 LEGALSHIELD AP ACH
2 of 4
Item #5. Page 13
Meeting Date: 11/12/2024 / Packet Page #: 30
Check Number Amount Check Date Payee Check Type
City of Glendora
1589 $3,890.82 10/18/24 TRUSTMARK VOLUNTARY BENEFIT ADMIN AP ACH 1590 $5,735.42 10/18/24 WAGEWORKS, INC. AP ACH1591 $645.84 10/18/24 HEALTH EQUITY AP ACH 117836 $1,474.00 10/18/24 CWF INC AP Printed117837 $133.19 10/18/24 AUTOZONE STORES INC AP Printed 117838 $1,206.00 10/18/24 CALIFORNIA DEPT OF TAX FEE AP Printed 117839 $386.70 10/18/24 REGENTS OF THE UNIVERSITY OF CALIFORNIA AP Printed 117840 $26,007.50 10/18/24 DECOR IQ, LLC AP Printed
117841 $33.80 10/18/24 GLENDORA CHRYSLER JEEP DODGE AP Printed 117842 $900.00 10/18/24 KLAUS DUEBBERT AP Printed
117843 $862.50 10/18/24 ERIC GARCIA AP Printed
117844 $7,736.84 10/18/24 FRONTIER AP Printed117845 $1,740.86 10/18/24 HILTI INC. AP Printed 117846 $2,384.52 10/18/24 HOLLIDAY ROCK CO., INC. AP Printed 117847 $1,668.61 10/18/24 INLAND EMPIRE STAGES, LTD. AP Printed 117848 $2,495.00 10/18/24 SILENT 6 LLC AP Printed
117849 $655.00 10/18/24 DEPARTMENT OF JUSTICE AP Printed 117850 $1,316.38 10/18/24 COUNTY OF LOS ANGELES AP Printed 117851 $6,729.00 10/18/24 LOS ANGELES COUNTY FIRE DEPT. AP Printed 117852 $114.17 10/18/24 O'REILLY AUTO PARTS AP Printed
117853 $5,542.35 10/18/24 Dann Salinas AP Printed117854 $300.00 10/18/24 DIANA ADAMES AP Printed117855 $250.00 10/18/24 Erika Martinez AP Printed117856 $300.00 10/18/24 GUSTAVO RODRIGUEZ JR. AP Printed 117857 $610.00 10/18/24 Joy of Life AP Printed117858 $300.00 10/18/24 MELINDA GUTIERREZ AP Printed 117859 $22,820.00 10/18/24 Patrick Scicluna AP Printed
117860 $175.00 10/18/24 Ron Scheidler AP Printed117861 $300.00 10/18/24 ROSA ALARCON AP Printed117862 $300.00 10/18/24 ROSA ESTRADA AP Printed 117863 $4,022.36 10/18/24 Thomas A. Peterson AP Printed 117864 $1,910.11 10/18/24 PARKHOUSE TIRE INC. AP Printed 3 of 4
Item #5. Page 14
Meeting Date: 11/12/2024 / Packet Page #: 31
Check Number Amount Check Date Payee Check Type
City of Glendora
117865 $453.73 10/18/24 POSTMASTER ‐ PERMIT 92 AP Printed 117866 $529.74 10/18/24 QUALITY AUTO SUPPLY, INC. AP Printed 117867 $7,500.00 10/18/24 GENERAL TECHNOLOGIES& SOLUTIONS LLC AP Printed 117868 $343.05 10/18/24 RIGHT OF WAY, INC. AP Printed
117869 $18,000.00 10/18/24 RTS 85 INC. AP Printed
117870 $270.11 10/18/24 SAM'S CLUB/SYNCHRONY BANK AP Printed 117871 $10,600.00 10/18/24 SAN GABRIEL VALLEY COUNCIL OF AP Printed 117872 $738.58 10/18/24 SECURITAS TECHNOLOGY CORP AP Printed 117873 $132,199.79 10/18/24 SOUTHERN CALIFORNIA EDISON AP Printed 117874 $22.99 10/18/24 SPARKLETTS AP Printed117875 $1,237.56 10/18/24 SPRAGUES READY MIX AP Printed 117876 $116.87 10/18/24 SUBURBAN WATER SYSTEMS AP Printed 117877 $69.66 10/18/24 T‐MOBILE USA, INC. AP Printed
117878 $197.54 10/18/24 DISCOUNT TIRE/AMERICA'S TIRE AP Printed 117879 $969.75 10/18/24 THOMPSON PLUMBING SUPPLY AP Printed 117880 $1,547.53 10/18/24 THOMPSON PLUMBING SUPPLY AP Printed 117881 $4,845.00 10/18/24 TUCKER TOURS, LLC AP Printed
117882 $385.72 10/18/24 TURF STAR, INC. AP Printed
117883 $4,932.20 10/18/24 TYLER TECHNOLOGIES INC AP Printed 117884 $854.89 10/18/24 UNIFIRST CORPORATION AP Printed117885 $1,165.93 10/18/24 VULCAN MATERIALS CO AP Printed 117886 $150.00 10/18/24 EMPLOYMENT DEVELOPMENT DEPARTMENT AP Printed 117887 $50.00 10/18/24 FRANCHISE TAX BOARD AP Printed
117888 $1,950.00 10/18/24 PENN MUTUAL LIFE INSURANCE CO AP Printed 117889 $2,834.28 10/18/24 STANDARD INSURANCE COMPANY AP Printed $1,392,821.69
4 of 4
Item #5. Page 15
Meeting Date: 11/12/2024 / Packet Page #: 32

CITY OF GLENDORA
CITY COUNCIL MEETING 11/12/2024
WARRANT REGISTER FOR 10/25/2024
GENERAL WARRANT REGISTER - TYLER 1,293,925.16 $
PAYROLL EFT - $
TOTAL $ 1,293,925.16
PREPARED BY: George Perez

REVIEWED BY
Finance Director/City Treasurer
Item #5. Page 16
Meeting Date: 11/12/2024 / Packet Page #: 33
Check Number Amount Check Date Payee Check Type
1592 $160.00 10/25/24 88844MOTOR AP ACH1593 $1,038.34 10/25/24 AIR‐EX AIR CONDITIONING INC. AP ACH 1594 $15,606.50 10/25/24 ALL CITY MANAGEMENT SERVICES INC AP ACH 1595 $4,165.46 10/25/24 ALTA PLANNING & DESIGN INC AP ACH 1596 $228.53 10/25/24 ALTA‐FOODCRAFT INC. AP ACH
1597 $2,505.00 10/25/24 ANIMAL PEST MANAGEMENT SERVICES AP ACH 1598 $28.79 10/25/24 BAKER & TAYLOR, LLC AP ACH1599 $4,707.04 10/25/24 CDW GOVERNMENT, INC. AP ACH 1600 $7,607.25 10/25/24 CELLEBRITE USA CORP AP ACH
1601 $167.54 10/25/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 1602 $2,888.94 10/25/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 1603 $1,301.26 10/25/24 CLEAN SWEEP SUPPLY CO., INC AP ACH 1604 $4,616.50 10/25/24 COCO'S CREW INC AP ACH
1605 $2,009.70 10/25/24 COMMERCIAL DOOR COMPANY INC. AP ACH 1606 $4,191.66 10/25/24 COMMERCIAL DOOR METAL SYSTEMS INC. AP ACH 1607 $900.00 10/25/24 COMPSYCH CORPORATION AP ACH1608 $88.20 10/25/24 CONSOLIDATED ELECTRICAL DIST INC. AP ACH 1609 $1,540.50 10/25/24 CONVERSE CONSULTANTS AP ACH1610 $1,290.00 10/25/24 COSTAR REALTY INFORMATION, INC. AP ACH 1611 $1,550.00 10/25/24 THE COUNSELING TEAM INTERNATIONAL AP ACH 1612 $7,328.44 10/25/24 CROWDER SUPPLY CO LLC AP ACH
1613 $272.22 10/25/24 DUNN‐EDWARDS CORPORATION AP ACH
1614 $1,904.00 10/25/24 SOUTHLAND SPORTS OFFICIALS AP ACH1615 $800.00 10/25/24 GEORGE E. BOOTH CO., INC. AP ACH 1616 $2,083.33 10/25/24 GLENDORA CHAMBER OF COMMERCE AP ACH 1617 $2,212.54 10/25/24 GRAINGER AP ACH
1618 $24,710.00 10/25/24 GRANICUS AP ACH1619 $125.60 10/25/24 MICHELLE HARRINGTON AP ACH1620 $250.00 10/25/24 INTEGRATIVE URGENTCARE AP ACH1621 $4,516.40 10/25/24 JAVIER DJEU TENNIS AP ACH 1622 $45,212.89 10/25/24 JMD AP ACH1623 $1,178.10 10/25/24 JOHNNY ALLEN TENNIS ACADEMY AP ACH City of Glendora
1 of 4
Item #5. Page 17
Meeting Date: 11/12/2024 / Packet Page #: 34
Check Number Amount Check Date Payee Check Type
City of Glendora
1624 $294.00 10/25/24 KANOPY AP ACH1625 $327.41 10/25/24 LINCO CUSTOM PICTURE FRAMING AP ACH 1626 $159,692.00 10/25/24 MARIPOSA LANDSCAPES, INC. AP ACH1627 $1,034.48 10/25/24 KIMBALL MIDWEST AP ACH 1628 $2,011.72 10/25/24 MIDWEST TAPE LLC AP ACH1629 $1,500.00 10/25/24 EMERGENCY RESPONSE CRIME SCENE CLEANING AP ACH 1630 $14,210.63 10/25/24 MUNICIPAL DENTAL POOL AP ACH
1631 $3,164.50 10/25/24 OCCU‐MED, LTD AP ACH
1632 $16,243.69 10/25/24 OCEAN BLUE ENVIRONMENTAL SVCS INC AP ACH 1633 $247.78 10/25/24 ODP BUSINESS SOLUTIONS, LLC AP ACH1634 $1,717.50 10/25/24 ONWARD ENGINEERING AP ACH 1635 $357.50 10/25/24 PASCO DOORS AP ACH
1636 $5,080.00 10/25/24 ELSER PLUMBING AP ACH
1637 $492.56 10/25/24 TONY'S AUTO REPAIR AP ACH
1638 $1,558.15 10/25/24 SAN DIEGO POLICE EQUIPMENT CO INC AP ACH 1639 $681.61 10/25/24 SANDERS LOCK & KEY, INC. AP ACH
1640 $276.45 10/25/24 SECTRAN SECURITY, INC. AP ACH
1641 $801.85 10/25/24 THYSSENKRUPP ELEVATOR CORP AP ACH1642 $48,401.25 10/25/24 TRUSSELL TECHNOLOGIES, INC. AP ACH 1643 $1,306.59 10/25/24 ULINE AP ACH1644 $32,681.00 10/25/24 UNITED MAINTENANCE SYSTEMS AP ACH 1645 $647.17 10/25/24 TAS AP ACH1646 $5,343.21 10/25/24 WALTERS WHOLESALE ELECTRIC CO AP ACH 1647 $26,725.40 10/25/24 WEST COAST ARBORISTS, INC. AP ACH 1648 $1,379.46 10/25/24 Y TIRE PERFORMANCE LLC AP ACH
117890 $5,850.60 10/25/24 TRIFYTT SPORTS LLC AP Printed 117891 $1,228.50 10/25/24 MALISSA APODACA, INC AP Printed 117892 $145.00 10/25/24 AZTECH ELEVATOR COMPANY AP Printed117893 $416.70 10/25/24 CALIFORNIA BUILDING STANDARDS AP Printed 117894 $46,829.38 10/25/24 CENTRALSQUARE TECHNOLOGIES, LLC AP Printed 117895 $856.43 10/25/24 DEPARTMENT OF CONSERVATION AP Printed 117896 $2,453.75 10/25/24 DUDEK AP Printed
2 of 4
Item #5. Page 18
Meeting Date: 11/12/2024 / Packet Page #: 35
Check Number Amount Check Date Payee Check Type
City of Glendora
117897 $159.85 10/25/24 NAPA AUTO PARTS AP Printed
117898 $5,000.00 10/25/24 GHS BAND BOOSTERS AP Printed
117899 $600,000.00 10/25/24 GLENDORA UNIFIED SCHOOL DISTRICT AP Printed 117900 $1,211.00 10/25/24 GROSSENBACHER BROS., INC. AP Printed117901 $971.91 10/25/24 HOLLIDAY ROCK CO., INC. AP Printed 117902 $3,171.65 10/25/24 KEYSTONE UNIFORM DEPOT AP Printed 117903 $12.22 10/25/24 LANGUAGE LINE SERVICES INC. AP Printed 117904 $270.00 10/25/24 LOS ANGELES UNIFIED SCHOOL DISTRICT AP Printed 117905 $3,877.86 10/25/24 COUNTY OF LOS ANGELES AP Printed 117906 $75.00 10/25/24 LOS ANGELES COUNTY REGISTRAR‐ AP Printed117907 $36,753.48 10/25/24 COUNTY OF LOS ANGELES AP Printed 117908 $3,417.31 10/25/24 ATHACO, INC AP Printed117909 $151.77 10/25/24 MALLORY SAFETY AND SUPPLY LLC AP Printed 117910 $5,512.00 10/25/24 OCCU‐MED, LTD AP Printed
117911 $1,456.49 10/25/24 ANDREW MEYER AP Printed
117912 $199.74 10/25/24 ANGIE HOLLINGSHE AP Printed117913 $29.30 10/25/24 JAMES OBLAK AP Printed 117914 $59.83 10/25/24 KELSEY RUTHERFORD AP Printed
117915 $300.00 10/25/24 Lorna Pangilinan AP Printed
117916 $119.76 10/25/24 MARIA E FLECK AP Printed
117917 $1,454.56 10/25/24 MARTY RODRIGUEZ AP Printed
117918 $147.69 10/25/24 MICHAEL P DESPLAINES AP Printed 117919 $1,370.00 10/25/24 NPL CONSTRUCTION CO AP Printed 117920 $299.00 10/25/24 RAMON PEREZ AP Printed
117921 $1,000.00 10/25/24 ROBERT E KOPRAL AP Printed
117922 $1,190.29 10/25/24 SEQUOIA PACIFIC SOLAR I, LLC AP Printed 117923 $14,410.00 10/25/24 GENERAL TECHNOLOGIES& SOLUTIONS LLC AP Printed 117924 $3,080.00 10/25/24 SAFEGUARD ENVIROGROUP, INC. AP Printed 117925 $40.14 10/25/24 SCHOLASTIC LIBRARY INC. AP Printed 117926 $360.41 10/25/24 SECURITAS TECHNOLOGY CORP AP Printed 117927 $1,100.00 10/25/24 PECK ROAD GRAVEL AP Printed117928 $63.85 10/25/24 SOCALGAS AP Printed 3 of 4
Item #5. Page 19
Meeting Date: 11/12/2024 / Packet Page #: 36
Check Number Amount Check Date Payee Check Type
City of Glendora
117929 $51.54 10/25/24 SOUTHEAST CONSTRUCTION AP Printed 117930 $50,498.75 10/25/24 SOUTHERN CALIFORNIA EDISON AP Printed 117931 $3,650.00 10/25/24 SOUTHERN CALIFORNIA LIBRARY AP Printed 117932 $1,291.45 10/25/24 SPARKLETTS AP Printed
117933 $1,337.06 10/25/24 SPRAGUES READY MIX AP Printed 117934 $94.09 10/25/24 STAPLES ADVANTAGE AP Printed
117935 $375.00 10/25/24 T‐MOBILE USA, INC. AP Printed
117936 $11,415.00 10/25/24 TKE ENGINEERING INC AP Printed 117937 $2,352.00 10/25/24 TOP BILLING ENTERTAINMENT AP Printed117938 $163.00 10/25/24 TRANSUNION RISK & ALTERNATIVE AP Printed 117939 $791.15 10/25/24 UNIFIRST CORPORATION AP Printed117940 $1,970.80 10/25/24 VERIZON BUSINESS AP Printed 117941 $1,100.00 10/25/24 VORTEX INDUSTRIES, INC. AP Printed 117942 $380.70 10/25/24 VULCAN MATERIALS CO AP Printed
117943 $48.51 10/25/24 YARY PHOTOGRAPHY AP Printed
$1,293,925.16
4 of 4
Item #5. Page 20
Meeting Date: 11/12/2024 / Packet Page #: 37

STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Finance DISTRICT(S): Citywide
SUBJECT: Adopt a Resolution Authorizing a Non-Financial Agreement with the California Franchise Tax Board for Exchange of Business License Tax Data

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL

AUTHORIZING A RECIPROCAL AGREEMENT WITH THE CALIFORNIA FRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAX DATA” authorizing a Non-Financial Agreement with the California Franchise Tax Board (“FTB”) for Exchange of Business License Tax Data; and

2. Authorize the City Manager and his/her designee(s) to execute a non-financial reciprocal agreement with the California FTB for the exchange of Business License Tax Data for a term beginning January 1, 2025 through December 31, 2027, subject to non-substantive changes approved by the City Manager and City Attorney.

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

EXECUTIVE SUMMARY
The Revenue and Taxation Code 19551.1 authorizes the reciprocal exchange of limited confidential data between the California Franchise Tax Board (“FTB”) and participating cities/counties. Participation in the City/County Business Tax Program would aid FTB in finding businesses who do not file income tax returns, as well as aiding the City of Glendora in identifying unlicensed businesses within our jurisdiction.

Staff recommends adopting the resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business data through Secure Web Internet File Transfer (SWIFT)

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora Municipal Code Chapter 5, known as the Business Licenses and Regulations Code, is intended to provide revenue for the general operation of the City by levy of a business license tax on all business transactions or activities carried on or occurring within the City of Glendora and is not intended for regulation.

The Agreement with the FTB will require the City of Glendora to send data to the FTB annually. The data required includes ownership name, address information, Employer ID number, and business start date.

The FTB will send the City similar information from their database each year in December, as well as information on taxpayers who file business related income tax returns.

DISCUSSION
The City/County Business Tax Program enables both the City and the California Franchise Tax Board Item #6. Page 1
Meeting Date: 11/12/2024 / Packet Page #: 38
(“FTB”) to share information and identify non-compliant businesses. There is no cost to either party for participation in the program. Participation would benefit the City’s business license compliance.

Authorization is required to enter into the agreement with the FTB. Upon execution of this agreement, the City will submit a file containing confidential business information using Secure Web Internet File Transfer (SWIFT) to securely transmit the data to and from FTB. The FTB will match the business data against data from prior year income tax returns to return a file identifying compliant businesses, as well as any non-compliant businesses within the City. Staff will be required to take Annual Disclosure Training, as well as sign and agree to Confidentiality Statements annually from the FTB.

Staff recommends the adoption of a Resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business data.

FISCAL IMPACT
There is no fiscal impact associated with this action. Participating in the program is intended to be another tool for the City to capture revenue from non-compliant businesses identified through the data exchange.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Prepared By George Perez-Sosa, Accounting Technician
Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Resolution
B. FTB Agreement
C. FTB Exhibit A – G
D. Exhibit H
Item #6. Page 2
Meeting Date: 11/12/2024 / Packet Page #: 39
RESOLUTION CC 2024-____

A RESOLUTION OF THE CITY COUNCIL AUTHORIZING A

RECIPROCAL AGREEMENT WITH THE CALIFORNIA FRANCHISE

TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAX DATA

THE CITY COUNCIL
City of Glendora, California
WHEREAS, Chapter 5 of the City of Glendora Municipal Code (“GMC”) is known as the Business Licenses and Regulations Code of the City of Glendora, and GMC Section 5.04.040 states: “It is unlawful for any person to transact or carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so or without complying with any and all applicable provisions of this chapter”; and, WHEREAS, California Senate Bill 1146 authorizes a city to enter into a reciprocal agreement with the California Franchise Tax Board (“FTB”) to exchange tax data to enable both parties to identify any non-compliant businesses; and,
WHEREAS, the City of Glendora desires to enter into an agreement with FTB with a term commencing on January 1, 2025 (or the date of approval of the agreement by both parties, if later), and ending on December 31, 2027.

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

SECTION 1. The City approves entering into a reciprocal agreement (“FTB Agreement”) with FTB for the exchange of business license tax data.

SECTION 2. The City appoints and authorizes the City Manager and his/her designee(s) of the City to conduct all negotiations, execute and submit documents, including, but not limited to, the FTB Agreement, and all applications, amendments, memoranda of understanding, and payment requests as may be required to implement the FTB Agreement, including any extensions or amendments thereto, subject to prior approval as to form by the City Attorney’s Office.

SECTION 3. A signed copy of this Resolution shall be transmitted the FTB in conjunction with the filing of any application with the FTB.

SECTION 4. This Resolution shall take effect immediately upon its adoption by a majority of the City Council.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.

SECTION 6. The City Clerk is hereby directed to forward a copy of this Resolution to the State of California Franchise Tax Board, email address [email protected].

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

Item #6. Page 3
Meeting Date: 11/12/2024 / Packet Page #: 40
Resolution CC 2024-_____ Page 2 of 2
Template Version Update: 2023
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 ______, _____, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #6. Page 4
Meeting Date: 11/12/2024 / Packet Page #: 41
SCO ID: 7730-0000000000000000000105187
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES _________________________________________________________________ STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev. 04/2020) 0000000000000000001 05187

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Franchise Tax Board

CONTRACTOR NAME
City of Glendora

2. The temi of this Agreement is:

START DATE
January 1, 2025 or date of approval, whichever is later,

THROUGH END DATE
December 31, 2027

3. The maximum amount of this Agreement is:
$0.00 (ZERO AND 00/1 00 DOLLARS)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages
ExhibitA ScopeofWork 3
Exhibit B Budget Detail and Payment Provisions 1
Exhibit C * General Terms and Conditions GTC 0417
Z Exhibit D Special Terms and Conditions 4
~- Exhibit E City and County Record Layout Specifications (FTB 909) 2 ~- Exhibit F Franchise Tax Board Record Layout Specifications (FTB 909A) 1 .~- Exhibit G Confidentiality Statement (FTB 712) 1
itrms shown with an asterisk (*), are hereby incorporated by reference and made part ofthis agreement as ifattached hereto.

These documents can be viewed athttps//www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENTHAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Glendora

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
1 16 E. Foothill Blvd. Glendora CA 91741
PRINTED NAME OF PERSON SIGNING Tfl1E

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

Page 1 ends

Item #6. Page 5
Meeting Date: 11/12/2024 / Packet Page #: 42
SCO ID: 7730-0000000000000000000105187
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES _________________________________________________________________ STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev. 04/2020) 000000000000000000105187

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Franchise Tax Board

CONTRACTINGAGENCYADDRESS CITY STATE ZIP
P.O. Box 2086, MS A-374 Rancho Cordova CA 95741

PRINTED NAME OF PERSON SIGNING TITLE
Michael A. Banuelos Procurement and Contracting Officer or Designee

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMP11ON (If Applicable) SCM Vol. 1, 4.04.A.2

Page 2 of 2 ends

Item #6. Page 6
Meeting Date: 11/12/2024 / Packet Page #: 43
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 1 of 13 ends

EXHIBIT A

SCOPE OF WORK
This Agreement is entered into by and between the Franchise Tax Board, herein after referred to as (FTB), and the City of Glendora, herein after referred to as the City.

Purpose:

This Agreement provides for the reciprocal exchange between FTB and the City tax data specific to city business license information for tax administration purposes. By entering into a reciprocal agreement, each party agrees to bear its own costs of providing the data, and the City is precluded from obtaining reimbursement.

Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, B, C, D, E, F, and G, attached hereto and incorporated by reference herein, set forth additional terms to which the parties agree to be bound.

No Federal Tax Information will be exchanged.

Legal Authority:

California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes a reciprocal agreement for the exchange of specified tax information between a City/County and FTB. R&TC Section 19551.5 mandates cities/counties to provide city/county business licensing and tax information to FTB upon request.

City Responsibilities:

1. The City agrees that the information provided by FTB will be used exclusively to administer the City/County Business Tax Program.

2. The City agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose; and will only be accessed or used by City employees whose duties are to administer the City/County Business Tax Program.

3. The City agrees to provide FTB with tax information pursuant to Format Specifications, Exhibit E, which shall include, but not be limited to, the following:
 Business or owner’s name
 Business address
 Federal Employer Identification Number (FEIN) or Social Security Number (SSN)  Ownership type
 North American Industry Classification Code or Standard Industry Classification Code  Business start and cessation dates
 City Business Tax Number, to be assigned to the City by FTB

4. The City agrees to extract and provide city data to FTB annually between April and July for each tax year that the Agreement is in place. If the Agreement is executed after July 31, 2025, the City will have 30 days after execution to provide FTB with the first year’s data.

Item #6. Page 7
Meeting Date: 11/12/2024 / Packet Page #: 44
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 2 of 13 ends

5. The City agrees to submit the records to FTB electronically using FTB's Secure Web Internet File Transfer (SWIFT) system.

6. The City agrees to submit the records to FTB in ASCII fixed-length format, .txt, per the Format Specifications, Exhibit E.

7. The City agrees to resubmit data in the event data is initially submitted with errors. The resubmission of data must be within 30 days of notification. If data is not submitted accurately and timely, the City will forfeit its rights to FTB data for that year.

8. The City agrees that each City employee having access to FTB data shall sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G). The signed statement is to be retained by the City and produced to FTB upon request.

9. The City agrees to submit to FTB a completed Security Questionnaire prior to receiving any FTB data. The Security Questionnaire is valid for the duration of the Agreement.

10. The City agrees to provide, prior to FTB’s first transmission of data to City under this Agreement, a copy of the current resolution, order, or minutes reflecting passage of a motion, or ordinance of the local governing body authorizing the execution of this specific Agreement. Prior to receipt of such authorization, FTB is not obligated to provide data under this Agreement.

FTB Responsibilities:

1. FTB agrees that information provided by the City will be used for tax administration and non-tax programs that FTB administers and may be shared with other state or federal agencies as authorized by law.

2. FTB agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose, except as provided in paragraph 1 or otherwise authorized by law.

3. FTB agrees to provide the City with data extracted from its internal systems. FTB will provide the City with records for taxpayers within the City’s jurisdiction who indicate a business on their personal or business entity income tax return. The Record Layout, Exhibit F, FTB 909A shall include:
 Taxpayer name
 Taxpayer address
 Taxpayer SSN or FEIN
 Principal Business Activity code

4. FTB agrees to match the data provided by the City using the SSN or FEIN against FTB’s data with a “Yes” or “No” indicator on the Record Layout, Exhibit F, FTB 909A. Whether FTB will provide a data match for the first year of this Agreement is at the discretion of FTB based on when the data is received from the City and processed.

5. FTB agrees to provide the City with an annual data extract in December 2025 for tax year 2024, in December 2026 for tax year 2025, and in December 2027 for tax year 2026 via SWIFT.

Item #6. Page 8
Meeting Date: 11/12/2024 / Packet Page #: 45
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 3 of 13 ends

6. FTB agrees to register the City for a SWIFT account allowing for the secure electronic transmission of data.

7. FTB agrees to provide the City with a unique City Business Tax Number to be used for reporting purposes only.

8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data is initially submitted with errors.

Project Coordinators:

The project coordinators during the term of this Agreement will be:

Franchise Tax Board
Tonya Banyai
City/County Business Tax Program Analyst
Data Oversight Program
P.O. Box 1468, Mailstop A181
Sacramento, CA 95812-1468
Phone: (916) 845-4301
City of Glendora
George Perez-Sosa
Accounting Technician
116 E. Foothill Blvd
Glendora, CA 91741-3380
Phone: (626) 852-5247
Email: [email protected]
Email: [email protected]
Return executed agreement to:

Franchise Tax Board
Tonya Banyai
City/County Business Tax Program Analyst
Data Oversight Program
P.O. Box 1468, Mailstop A181
Sacramento, CA 95812-1468
Phone: (916) 845-4301
Email: [email protected]
Item #6. Page 9
Meeting Date: 11/12/2024 / Packet Page #: 46
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 4 of 13 ends

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
This data exchange is provided at no cost.

Item #6. Page 10
Meeting Date: 11/12/2024 / Packet Page #: 47
General Terms and Conditions (GTC 04/2017)

EXHIBIT C

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

Item #6. Page 11
Meeting Date: 11/12/2024 / Packet Page #: 48

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

Item #6. Page 12
Meeting Date: 11/12/2024 / Packet Page #: 49

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

Item #6. Page 13
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16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
Item #6. Page 14
Meeting Date: 11/12/2024 / Packet Page #: 51

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
Item #6. Page 15
Meeting Date: 11/12/2024 / Packet Page #: 52
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 5 of 13 ends

Revised Date: 08.07.2024

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. STATEMENT OF CONFIDENTIALITY:

The Franchise Tax Board has state tax return information and other confidential information and data in its custody. Unauthorized inspection or disclosure of state returns or other confidential information or data is a misdemeanor (Revenue and Taxation Code Sections 19542, 19542.1, 19542.3 and 19552, and Government Code Section 90005). Unauthorized inspection or disclosure of federal returns and other confidential federal return information or data is a misdemeanor or a felony (Internal Revenue Code Sections 7213A(a)(2) and(b), and 7213(a)(2), respectively).

For purposes of this exhibit, the terms “information” and “data” are used interchangeably and each, when used, encompasses the meanings of both terms. As used in this exhibit, the terms “confidential information” and “confidential data” each include “sensitive information and data”. As used for this exhibit, the term “Party” or “party” may refer to FTB, or the Agency, Contractor, or Contracting Agency.

Upon the approval of this Agreement and prior to any access to the confidential data, the party receiving the information from FTB and each of its employees, subcontractors, and subcontractors’ employees who may have access to the confidential data of the other party, will be required to have on file annually a signed Confidentiality Statement (FTB Form 7904 or 7912), attesting to the fact that they are aware of the confidential data and the penalties for unauthorized access, inspection, acquisition, or disclosure thereof under applicable state and federal law.

The Contractor, the Contactor's subcontractors and each of the Contractor's and subcontractor's employees who may have access to the confidential data shall be required to complete Privacy, Security, and Disclosure Training (PSDT) provided by FTB. The training must be completed within two (2) business days of commencing work with FTB, and annually thereafter. Upon completion of the PSDT, a Privacy, Security and Disclosure Training Certification (FTB Form 7819) will be provided, to be signed confirming that the training was completed and returned to FTB.

2. USE OF INFORMATION:

Each party receiving data agrees that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work of Exhibit A. Each party receiving data further agree(s) that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose other than as identified in the Scope of Work of Exhibit A.

3. DATA OWNERSHIP:

The confidential tax information or other confidential information provided under this Agreement remains the exclusive property of the providing party. Confidential tax information and other confidential information are not open to the public and require special precautions to protect from loss and unauthorized access, inspection, acquisition, use, disclosure, modification, or destruction. Each party shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work of Exhibit A of this Agreement, which right shall be revoked and terminated immediately upon termination of this Agreement.

Item #6. Page 16
Meeting Date: 11/12/2024 / Packet Page #: 53
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 6 of 13 ends

Revised Date: 08.07.2024

4. EMPLOYEE ACCESS TO INFORMATION:

Each party receiving data agrees that the information obtained will be kept in the strictest confidence and shall make information available to its own employees only on a “need-toknow” basis. The “need-to-know” standard is met by authorized employees who need information to perform their official duties in connection with the uses of the information authorized by this Agreement. Each party receiving data recognizes its responsibility to protect the confidentiality of the information in its custody as provided by law and to ensure that such information is disclosed only to those individuals and for such purposes as are authorized by law and this Agreement.

5. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING:

Each party receiving data, in recognizing the confidentiality of the information to be exchanged, agrees to take all appropriate precautions to protect the confidential information obtained pursuant to this Agreement from unauthorized access, use, or disclosure. Each party receiving data will conduct oversight of its users with access to the confidential information provided under this Agreement, and will immediately notify FTB’s Information Security Audit & Investigations Unit ([email protected]) of any unauthorized or suspected unauthorized accesses, uses and/or disclosures (incidents). For purposes of this section, “immediately” is defined as within 24 hours of the discovery of the breach or suspected breach. The notification must describe the incident in detail and identify responsible personnel (name, title and contact information). The party with an incident will comply with the incident reporting requirements in accordance with Civil Code Section 1798.29, State Administrative Manual (SAM) Chapter 5300 and Sections 8643, and State Information Management Manual 5340-A and 5340-C to facilitate the required reporting to the taxpayer(s) or state oversight agencies.

6. INFORMATION SECURITY:

Information security is defined as the preservation of the confidentiality, integrity, and availability of information. A secure environment is required to protect the confidential information obtained by each party pursuant to this Agreement. Each party receiving data will store information so that it is physically secure from unauthorized access. The records received will be securely maintained and accessible only by employees of the specified program who are committed to protect the data from unauthorized access, use or disclosure.

All FTB electronic data must be encrypted when in transit using FIPS 140-3 approved encryption technology, and be password protected and secure at all times when in storage.

Confidential information obtained from FTB must be secured in accordance with the SAM Chapters 5100 and 5300 (Information Security), and National Institute of Standards and Technology (NIST) Special Publication 800-53 (moderate); and additional security requirements provided by FTB. FTB may require that a Security Questionnaire for the party receiving confidential data from FTB be completed or be on file with FTB’s Chief Security Officer, or their designee.

If this Agreement calls for Federal Tax Information (FTI) to be provided by FTB, the receiving party must also comply with Internal Revenue Service Publication 1075.

7. CLOUD COMPUTING ENVIRONMENT:

Each party receiving FTB’s confidential data must submit a completed FTB Cloud Computing Questionnaire before using a Cloud Computing Environment. The questionnaire will be reviewed for approval by FTB’s Chief Security Officer, or their designee. A Cloud Computing Environment cannot be used to receive, transmit, store or process FTB’s confidential data without prior written approval from FTB’s Chief Security Officer, or their designee.

Item #6. Page 17
Meeting Date: 11/12/2024 / Packet Page #: 54
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 7 of 13 ends

Revised Date: 08.07.2024

8. GENERATIVE AI:

During the term of the Agreement, Contractor must notify the State in writing if their services or any work under this Agreement includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk, or Agreement performance until the use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Fact (STD 1000) may be considered a breach of the Agreement by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the Agreement. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the Agreement, without additional cost, to incorporate GenAI Special Provisions into the Agreement at its sole discretion and/or terminate any Agreement that presents an unacceptable level of risk to the State.

9. DESTRUCTION OF RECORDS:

All records received by the City (or County) from FTB under this Agreement, and any database(s) created, copies made, or files attributed to the records received, shall be destroyed within three years of receipt or upon termination of the agreement due to a breach of its terms, whichever occurs earlier. The records shall be destructed in a manner to be deemed unusable or unreadable, and to the extent that an individual record can no longer be reasonably ascertained. The City (or County) will notify FTB City/County Business Tax program manager annually in writing at [email protected] that proper destruction methods have been applied. FTB will destroy city/county data in accordance with the department’s data retention policies.

10. SAFEGUARD REVIEW:

FTB retains the right to conduct on-site safeguard reviews of the other party’s use of information and the security controls established. The safeguard reviews may include, but are not limited to, an examination of the adequacy of information security controls, “need-toknow”, and use justifications established by the party to ensure compliance with the terms and conditions of this Agreement. FTB will provide a minimum of seven (7) days’ notice of a safeguard review conducted by FTB staff. The City (or County) will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements.

11. SURVIVAL OF OBLIGATION TO PROTECT DATA:

Each party’s obligation to protect the data and information received from the other party shall survive the expiration or termination of this Agreement. In the event a party continues to provide any data or information to the other party after the expiration or termination of this Agreement, the receiving party agrees to continue to protect all such data and information received in accordance with the provisions of this Exhibit D, and all applicable state and federal laws.

Item #6. Page 18
Meeting Date: 11/12/2024 / Packet Page #: 55
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 8 of 13 ends

Revised Date: 08.07.2024

12. DISPUTE RESOLUTION:

In the event of a dispute, the City (or County) shall file a “Notice of Dispute” with FTB’s Chief Financial Officer within ten (10) days of discovery of the problem. Within ten (10) days, FTB’s Chief Financial Officer, or their designee, shall meet with the City (or County) Designee for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final.

13. EXECUTIVE ORDER N-6-22 RUSSIA SANCTIONS:

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

14. ORDER OF PRECEDENCE:

In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute this Agreement, the following order of precedence shall apply:
a. State’s General Terms and Conditions (GTC 04/2017), or State’s General Terms and Conditions for Interagency Agreements (GIA – 11/2022), whichever is listed on the face of the Standard Agreement (STD 213) or Purchase Order; b. Standard Agreement (STD 213), Purchase Order, and any amendments thereto; c. Scope of Work, including any specifications incorporated by reference herein; d. these Special Terms and Conditions; and
e. all other attachments or exhibits incorporated in the Agreement or listed by reference.

15. LIMITED WARRANTY:

Neither party represents or warrants the accuracy or content of the material available through this Agreement, nor each expressly disclaims any express or implied warranty, including any implied warranty of fitness for a specific purpose.

16. CANCELLATION:

The State may exercise its option to terminate the Contract at any time with thirty (30) calendar days’ prior written notice. In the event of such termination, the State shall pay all amounts due to the Contractor for all services accepted prior to date of notification of termination.

Either party may terminate this Agreement, in writing for any reason, upon thirty (30) days’ prior written notice. This Agreement may be terminated immediately by either party in the event of any breach of the terms of this Agreement.

17. NO THIRD PARTY LIABILITY:

Nothing contained in or related to this agreement shall create any contractual relationship between either of the Parties and any other party, except between FTB and the City (or Item #6. Page 19
Meeting Date: 11/12/2024 / Packet Page #: 56
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 9 of 13 ends

Revised Date: 08.07.2024
County); and no other party shall relieve the City (or County) or FTB of its responsibilities and obligations hereunder. Each of the parties agrees to be fully responsible for the acts and omissions of its third party contractors and agents, and of persons either directly or indirectly employed by the party. Neither of the parties shall have any obligation to pay, or to see to the payment of, any monies to any party or persons either directly or indirectly employed by the other.

Item #6. Page 20
Meeting Date: 11/12/2024 / Packet Page #: 57
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 10 of 13 ends

EXHIBIT E
CITY AND COUNTY RECORD LAYOUT SPECIFICATIONS (FTB 909)
Data Element Name Start Position End Position Field Size Description Social Security Number (SSN) 1 9 9 Must be present unless FEIN is provided.

Fill unused fields with zeros.

Federal Employer ID Number (FEIN) 10 18 9 Must be present unless SSN is provided.

Fill unused fields with zeros.

Ownership Type 19 19 1 Must be present. Use only acceptable values listed here:

S = Sole Proprietorship
P= Partnership
C = Corporation
T = Trust
L = LLC
Owner Last Name 20 34 15 Must be present if Ownership Type in position 19 = S.

Owner First Name 35 45 11 Must be present if Ownership Type in position 19 = S.

Owner Middle Initial 46 46 1 May be left blank.

Business Name 47 86 40 Enter if business is operating under a fictitious name (doing business as
(DBA)).

Business Address 87 126 40 Address of the business location or the residence of the owner if sole
proprietorship.

City 127 166 40 Must be present.

State 167 168 2 Enter the valid U.S. Postal Service
(USPS) state abbreviation. Format = CA
ZIP Code 169 177 9 Enter the five- or nine-digit ZIP Code assigned by USPS. If only the first five
digits are known, left justify information
and fill the unused fields with zeros.

Item #6. Page 21
Meeting Date: 11/12/2024 / Packet Page #: 58
State of California City of Glendora
Franchise Tax Board Agreement # 105187

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Data Element Name Start Position End Position Field Size Description Business Start Date 178 185 8 Enter the eight-digit date (MMDDYYYY).

If unknown, fill the field with zeros.

Business Cease Date 186 193 8 Enter the eight-digit date (MMDDYYYY) if out of business. If unknown, fill the
field with zeros.

City/County Business Tax Number 194 196 3 Enter three-digit number assigned by FTB.

North American Industry
Classification System
(NAICS)
197 202 6 Must be present unless SIC is provided.

Enter the two- to six-digit NAICS code.

Left Justify. Fill unused field with zeros
(example, 99 will be 990000).

Standard Industrial
Classification (SIC)
203 206 4 Must be present unless NAICS is
provided. Enter the two- to four-digit SIC
code. Left justify. Fill unused fields with
zeros (example, 99 will be 9900).

Total Record Length 206
Item #6. Page 22
Meeting Date: 11/12/2024 / Packet Page #: 59
State of California City of Glendora
Franchise Tax Board Agreement # 105187

Page 12 of 13 ends

EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS (FTB 909A) Data Element Name Length Start Position Description
ENTITY TYPE 1 1 “P” – Personal income tax record
“B” – Business entity tax record
SSN or FEIN 9 2 For “P” records, primary taxpayer’s social security number (SSN) For “B” records, federal employer identification number (FEIN) LAST NAME 40 11 For “P” records, primary taxpayer’s last name For “B” records, business name
FIRST NAME 11 51 For “P” records only
MIDDLE INITIAL 1 62 For “P” records only
SPOUSE SSN 9 63 For “P” records filed with a joint return SPOUSE LAST NAME 17 72 For “P” records filed with a joint return SPOUSE FIRST NAME 11 89 For “P” records filed with a joint return SPOUSE MIDDLE INITIAL 1 100 For “P” records filed with a joint return PBA CODE 6 101 For “P” records, principal business activity (PBA) code ADDRESS NUMBER 10 107
PRE-DIRECTIONAL DIRECTOR 2 117 Postal Service term referring to the directional word that is located before the street name and suffix (i.e., N, S, E, W, NE, NW, SE, SW) STREET NAME 28 119
STREET SUFFIX 4 147 e.g. ST, WAY, HWY, BLVD, etc.

POST-DIRECTIONAL INDICATOR 2 151 Postal Service term referring to the directional word that is located after the street name and suffix
(i.e., N, S, E, W, NE, NW, SE, SW)
STREET SUFFIX 2 4 153
APARTMENT/SUITE NUMBER 10 157 e.g., APT, UNIT, FL, etc.

CITY 13 167
STATE 2 180 Standard state abbreviation
ZIP CODE 5 182 The five-digit ZIP Code assigned by the U.S. Postal Service ZIP CODE SUFFIX 4 187 Provide if known
CCBT MATCH 1 191 “N” – No match per CCBT data. “Y” – Yes: CBT matched to state tax return filed
TOTAL RECORD LENGTH 191
Item #6. Page 23
Meeting Date: 11/12/2024 / Packet Page #: 60

EXHIBIT G
CONFIDENTIALITY STATEMENT (FTB 712)

STATE OF CALIFORNIA
DISCLOSURE OFFICE MS A181

FRANCHISE TAX BOARD
PO BOX 1468
SACRAMENTO CA 95812-1468
City/County Business Tax Program Confidentiality Statement Confidential tax data is protected from disclosure by law, regulation, and policy. Information security is strictly enforced; violators may be subject to disciplinary, civil, and/or criminal action. Protecting confidential tax data is in the best interest of the city, county, and state.

As a city/county employee, you are required to protect all information received from the Franchise Tax Board (FTB). To protect confidential tax data, you must:
• Access or modify tax data solely to perform official duties. • Never access or inspect tax data for curiosity or personal reasons. • Never show or discuss confidential tax data with anyone who does not have a need to know. • Never remove confidential tax data from your worksite without authorization. • Place confidential tax data in approved locations only.

Unauthorized inspection, access, use, or disclosure of confidential tax data is a crime under state laws including, but not limited to, California Revenue and Taxation Code Sections 19542 and 19552 and Penal Code Section 502. Unauthorized access, inspection, use, or disclosure may result in either or both of the following:
• State criminal action
• Taxpayer civil action.

I certify that I have read the confidentiality statement printed above. I further certify and understand that unauthorized access, inspection, use, or disclosure of confidential information may be punishable as a crime and may result in disciplinary and/or civil action against me.

Name (print)
Each city/county employee accessing FTB data must retain a signed copy of this form and provide it to FTB upon request.

FTB 712 (REV 06-2016)
Signature Date
Item #6. Page 24
Meeting Date: 11/12/2024 / Packet Page #: 61
Solicitation Number Bidder IDNendor ID (optional)
Business Name Business Telephone Number
Business Address City State Zip Code
GenAl Disclosure & Factsheet
Will you be using or offering GenAl technology, model, or service (collectively, “system”)? LI Yes LI No (If No, skip to Signature section of this form.)
If yes, provide details regarding the GenAl system”). See GenAl Disclosure & Factsheet Definitions at the end of this form for more information.

Failure to disclose GenAl to the State and submit the detailed description may result in disqualification and may void any resulting contract.

1. GenAl Model Name,
Version (including number
of parameters)

2. Model Owner

3. Overview

4. Purpose

5. Intended Domain

6. Model Training Data

7. Model Information
N/A

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

GENAI DISCLOSURE & FACTSHEET PROCUREMENT DIVISION
STD 1000 (NEW 01/2024)
Generative Artificial Intelligence (GenAl) Disclosure & Factsheet Bidder/Offer Information
1 of 4
Item #6. Page 25
Meeting Date: 11/12/2024 / Packet Page #: 62

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

GENAI DISCLOSURE & FACTSHEET PROCUREMENT DIVISION
STD 1000 (NEW 01/2024)

8. Input and Outputs

9. Performance Metrics

10. Optimal Conditions

11. Poor Conditions

12. Bias

13. Test Data
Explain below how you are ensuring the GenAl system is not adversely affecting “decisions that materially impact access to, or approval for, housing or accommodations, education, employment, credit, health care, and criminal justice.” (AB 302, Department of Technology: High-Risk automated decision systems: inventory).

Signature
By signing this document, I certify that I have identified and disclosed, if any, all GenAl components in the proposed solution or service.

Signature Date
2 of 4
Item #6. Page 26
Meeting Date: 11/12/2024 / Packet Page #: 63

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

GENAI DISCLOSURE & FACTSHEET PROCUREMENT DIVISION
STD 1000 (NEW 01/2024)
GenAl Disclosure & Factsheet Definitions
Please use the following definitions to complete the GenAl Disclosure and Factsheet:

1. Model Name, Version & Number of Parameters:
• Definition: The unique identifier or name assigned to the specific GenAl model or service. • Purpose: Allows users to refer to and distinguish between different GenAl models.

2. Model Owner
• Definition: The name of the organization or entity responsible for creating or deploying the GenAl model or service.
• Importance: Helps identify the source and accountability for the GenAl system.

3. Overview:
• Definition: A concise summary of the GenAl model’s purpose, functionality, and key characteristics. • Role: Provides a high-level understanding for users and stakeholders.

4. Purpose:
• Definition: The intended use or goal of the GenAl model (e.g., image recognition, natural language processing, text summarization).
• Significance: Helps users assess whether the GenAl model aligns with their needs.

5. Intended Domain:
• Definition: The context, subject matter or domain for which the GenAl model is designed to operate effectively. • Importance: Helps users determine if the GenAl model is suitable for their specific use case.

6. Training Data:
• Definition: Information used to train the GenAl model (e.g., labeled images, text corpora). • Role: Influences the GenAl model’s behavior and performance.

7. Model Information:
• Definition: Details about the architecture, parameters, and configuration of the GenAl model. • Relevance: Provides insights into how the GenAl model functions.

8. Inputs and Outputs:
• Definition:
o Inputs: The data or features provided to the model for prediction (e.g., images, text). o Outputs: The GenAl model’s predictions or results (e.g., class labels, probabilities). • Understanding: Crucial for integrating the GenAl model into applications.

9. Performance Metrics:
• Definition: Quantitative measures (e.g., accuracy, Fl-score) used to evaluate the GenAl model’s performance. • Assessment: Determines how well the GenAl model meets its intended purpose. • Continuous Monitoring Plan: Establishes a plan for continuous monitoring and evaluation of the GenAl model’s performance.
3 of 4
Item #6. Page 27
Meeting Date: 11/12/2024 / Packet Page #: 64

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

GENAI DISCLOSURE & FACTSHEET PROCUREMENT DIVISION
STD 1000 (NEW 01/2024)

10. Optimal Conditions:
• Definition: The ideal environment or Context for the GenAl model to perform optimally. • Contextual Guidance: Helps users achieve the best results.

11. Poor Conditions:
• Definition: Scenarios or conditions where the GenAl model’s performance may degrade. • Risk Awareness: Alerts users to potential limitations.

12. Bias:
• Definition: Any systematic error or unfairness in the GenAl model’s predictions due to biased training data or design.
• Mitigation: Addressing bias is crucial for ethical and unbiased GenAl.

13. Test Data:
• Definition: Independent data used to evaluate the GenAl model’s performance after training. • Validation: Ensures the GenAl model generalizes well to unseen examples. 4 of 4
Item #6. Page 28
Meeting Date: 11/12/2024 / Packet Page #: 65

STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Approve of Amendment No. 3 to the Agreement for Contractual Services between Thirkettle Corporation dba Aqua Metric Sales Company and the City of Glendora dated January 2020 for water division AMI meter system maintenance extending the term of the agreement for three years in an amount not to exceed $158,656

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 3 to the Agreement for Contractual Services with Thirkettle Corp dba Aqua Metric Sales Company for AMI Meter System Annual Maintenance, extending the term of the agreement for an additional three-year period, in an amount not to exceed $158,656; and

2. Authorize the City Manager to execute Amendment No. 3.

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

EXECUTIVE SUMMARY
The Public Works Department has been utilizing Aqua Metric Sales Company for AMI Meter System Annual Maintenance, including routine maintenance and software support of the AMI system. Currently, Aqua Metric Sales Company is the sole source provider for Sensus meters and the corresponding software for water billing and customer website data. This company has been providing services to the City, and maintaining the current meter software, since the installation of the meters beginning in 2015.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Advanced Metering Infrastructure (AMI), water meter replacement project was awarded by the City Council on July 14, 2015, to Aqua Metric Sales Company. The scope of this project consisted of replacing and upgrading approximately 13,500 of the City’s old water meters with Sensus smart meter technology.

The project Notice of Completion was issued on June 27, 2017.

In January 2020, the City Council awarded the AMI meter system annual maintenance contract to Aqua Metric Sales Company for the routine maintenance and software support of the AMI system.

On August 23, 2022, the City Council approved amendment No. 1 to the annual maintenance contract agreement, extending the term of the agreement for an additional one-year period through June 30, 2023.

On April 14, 2023, the City Council approved amendment No. 2 to the annual maintenance contract agreement, extending the term of the agreement for an additional one-year period through June 30, 2024.

DISCUSSION
The City has been utilizing the Analytics system provided by Aqua Metrics Sale Company and Sensus to digitally read meters, compile customer consumption data, create billing data, visualize meter locations, and connect with customers regarding leaks and usage through a customer portal. Aqua Metrics Sales Item #7. Page 1
Meeting Date: 11/12/2024 / Packet Page #: 66
Company has maintained the software during this time.

The Analytics software was integrated into the City’s system in 2019 and provides a greater scope of services regarding billing, customer service, and an upgrade to the customer portal which allows for efficient comparisons and heightened conservation messaging. After assessing the issues and seeing the corrections and additional features that Analytics software provides, staff determined it would be in the City’s interest to upgrade the system as it would also be more cost effective. The Analytics system’s total cost was $85,000 for the initial year and $50,930 for the second, and $52,302 for the third year of service.

This amendment will extend the term of the agreement for an additional three-year period through June 30, 2027, in an amount not to exceed $158,656, and authorize the City Manager to extend the term for additional one-year periods.

FISCAL IMPACT
The total compensation will not exceed $158,656 for the three-year period of the extension. Funding for the first year of this extension is included in the FY 2024/25 Adopted Mid-Cycle Budget in the Water Operations Fund (501) Customer Service Division Contract Services line item (Account No. 50170610- 59100). The FY 2024/25 Adopted Mid-Cycle Budget includes $100,000 for maintenance of the AMI system, backflow testing, and meter testing services. The AMI Meter System Annual Maintenance costs with Aqua Metric Sale Company are outlined in the table below.

Proposed Expenditures
Description Funding Source Account Amount
FY 2024/25 Water Operations (501) 50170610-59100 $51,314 FY 2025/26 Water Operations (501) 50170610-59100 $52,869 FY 2026/27 Water Operations (501) 50170610-59100 $54,473 Total $158,656
Expenditures for years two and three of the proposed extension are contingent upon adoption of the FY 2025/26 and FY 2026/27 budgets.

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Section 15060 or Section 15378 of Title 14, Chapter 3 of the California Code of Regulations under Guidelines for Implementation of the California Environmental Quality Act (CEQA).

Prepared By Ivylynn Meraz Gonzalez, Office Coordinator
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Original Contract and Amendments 1 and 2
B. Contract Amendment No. 3
Item #7. Page 2
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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 municipal corporation (“City”), and THIRKETTLE CORP DBA AQUA METRIC SALES CO., a California Corporation (“Contractor”), is effective as of the _____ day of __________ 2022.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated January 2020 (“Agreement”) whereby Contractor agreed to provide Advanced Metering Infrastructure (AMI) Services.

B. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement from the close of business on June 30, 2022 to the close of business on June 30, 2023.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “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) calendar year commencing on July 1, 2022 the date hereof, except otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for five (5) four (4) one (1) additional one (1) year extended term provided the Contractor Officer gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term.”
b. EXHIBIT “C” SCHEDULE OF COMPENSATION replace the original Exhibit “C” in its entirety with the attached rate schedule. There shall be no escalation of any rates for the duration of the extended contract period (July 1, 2022 through June 30, 2023) or any extended terms thereafter.

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

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

DocuSign Envelope ID: 0A40F5C5-94D3-4ACA-821A-CFF977D2B716 23rd August, 2022.

Item #7. Page 29
Meeting Date: 11/12/2024 / Packet Page #: 94
Contractor represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

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

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

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 0A40F5C5-94D3-4ACA-821A-CFF977D2B716 Item #7. Page 30
Meeting Date: 11/12/2024 / Packet Page #: 95
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:

AQUA METRIC SALES COMPANY
Name: Tommy Thirkettle
Title: President
[email protected]
Name: Lea Thirkettle
Title: Vice President
[email protected]
Address: 4050 Flat Rock Drive
Riverside, CA 92505
______________________________
DocuSign Envelope ID: 0A40F5C5-94D3-4ACA-821A-CFF977D2B716 Aug 15, 2022 | 9:28 AM PDT
Aug 12, 2022 | 4:06 PM PDT
Aug 24, 2022 | 10:23 AM PDT
Item #7. Page 31
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AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 2”) by and between the CITY OF GLENDORA a municipal corporation (“City”) and THIRKETTLE CORP DBA AQUA METRIC SALES CO., a California Corporation (“Contractor”) is effective as of the _____ day of _______________.

RECITALS
A. City and Contractor entered into Amendment No. 1 to the Agreement for Contractual Services dated August 2022 (“Agreement”) whereby Contractor agreed to provide Advanced Metering Infrastructure (AMI) Services.

B. City and Contractor now desire to further amend the Agreement, as amended, to extend the Term of the Agreement from the close of business on June 30, 2023 to the close of business on June 30, 2024.

TERMS

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 of this 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 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 DocuSign Envelope ID: AA57CE92-DD71-480A-BF83-390F4C75BBCC 14th April, 2023
Item #7. Page 32
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represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Contractor represents and warrants to City that, as of the date of this Amendment No. 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 Contractor that, as of the date of this Amendment No. 2, 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. 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 of this Amendment , 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]
DocuSign Envelope ID: AA57CE92-DD71-480A-BF83-390F4C75BBCC Item #7. Page 33
Meeting Date: 11/12/2024 / Packet Page #: 98
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:

AQUA METRIC SALES COMPANY
Name: Tommy Thirkettle
Title: President
[email protected]
Name: Lea Thirkettle
Title: Vice President
Email: [email protected]
Address: 4050 Flat Rock Drive
Riverside, CA 92505___________
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: AA57CE92-DD71-480A-BF83-390F4C75BBCC Apr 4, 2023 | 1:43 PM PDT
Apr 4, 2023 | 4:30 PM PDT
Apr 26, 2023 | 2:05 PM PDT
Item #7. Page 34
Meeting Date: 11/12/2024 / Packet Page #: 99
AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 3”) by and between the CITY OF GLENDORA a municipal corporation (“City”) and THIRKETTLE CORPORATION DBA AQUA METRIC SALES COMPANY, a California Corporation (“Consultant”) is effective as of the _____ day of __________, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated September 8
th, 2020 (“Agreement”) whereby Consultant agreed to provide water meter parts and supplies associated with water meter box repairs and replacements required by the City; and.

B. City and Consultant entered into Amendment No. 1 to the Agreement, dated August 23, 2022, whereby the parties amended Exhibit “C” and increased contract sum from $40,000 to $60,000 of the Agreement; and
C. City and Consultant entered into Amendment No. 2 to the Agreement, dated April 14th, 2023, whereby the parties amended Exhibit “C” and increased contract sum from $60,000 to $110,000 of the Agreement; and
B. City and Consultant now desire to amend the Agreement to increase total compensation due to Consultant under the Agreement; extend the term of the Agreement; and, effective as of July 1, 2024 replace Exhibit “C” (Schedule of Compensation) of the Agreement, with the revised Exhibit “C” (Schedule of Compensation) attached hereto.

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 $110,00 (One hundred ten thousand dollars) $190,000 (One hundred ninety thousand 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 follow:
“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) calendar year from June 30, 2024 the date hereof commencing on July 1, 2024, except otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, in its at their sole discretion, Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Item #7. Page 35
Meeting Date: 11/12/2024 / Packet Page #: 100
Amendment No. 3 – Aqua Metric (Water Meter Supplies) 11.12.2024 -2- extend the Term for up to five (5) one (1) four (4) additional one-year term(s) periods provided the Contractor Officer gives by giving advanced written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term or any Extended Term.”
c. Exhibit “C” (Schedule of Compensation) attached to the Agreement as amended shall be revised to include the rate schedule attached hereto as Exhibit “C1” for the period commencing on July 1, 2024, and ending on June 30, 2025.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 3, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 3 to the Agreement.

Contractor represents and warrants to City that, as of the date of this Amendment No. 3, 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. 3, 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. 3 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. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Item #7. Page 36
Meeting Date: 11/12/2024 / Packet Page #: 101
Amendment No. 3 – Aqua Metric (Water Meter Supplies) 11.12.2024 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Roxanne Breceda
Deputy City Clerk
CONTRACTOR:

THIRKETTLE CORPORATION DBA AQUA METRIC

SALES COMPANY
Name: Tommy Thirkettle
Title: President
Email: [email protected]
Name: Lea Thirkettle
Title: Vice President
Email: [email protected]
Address: 4050 Flat Rock Drive Riverside, CA 92505_
Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Oct 22, 2024 | 12:59 PM PDT
Oct 29, 2024 | 11:23 AM PDT
Item #7. Page 37
Meeting Date: 11/12/2024 / Packet Page #: 102
EXHIBIT “C-1”
Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Item #7. Page 38
Meeting Date: 11/12/2024 / Packet Page #: 103

STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Public Works DISTRICT(S): 5
SUBJECT: Approve Amendment No. 3 to the agreement for contractual services between Thirkettle Corporation dba Aqua Metric Sales Company and the City of Glendora dated September 8, 2020 for water division meter parts and supplies, extending the term of the agreement for one year and increasing the contract sum to an amount not to exceed $190,000

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 3 to the Agreement for Contractual Services with Thirkettle Corp dba Aqua Metric Sales Company for Water Division Meter Parts and Supplies, extending the term of the agreement for an additional one-year period, and increasing the contract sum to an amount not to exceed $190,000; and

2. Authorize the City Manager or his designee to execute Amendment No. 3 with Thirkettle Corp dba Aqua Metric Sales Company including minimal and/or non-substantive changes.

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

EXECUTIVE SUMMARY
The Public Works Water Division has secured Aqua Metric Sales Company as its supplier for essential water meter parts and supplies necessary for the operation of the City’s water system, utilizing Sensus Meters for new construction and replacements. The selection of Sensus Meters was based on their reliability and compatibility with the existing Analytics (formerly Flexnet) fixed base meter reading system.

As the sole authorized dealer for Sensus Meters on the West Coast, Aqua Metric plays a crucial role in ensuring the city maintains a reliable inventory for its water metering requirements.

City council approval of Amendment No. 3 is sought to facilitate the ongoing procurement of meters, MXU’s, and related parts required for maintenance and replacement. This amendment will increase the current contract sum from $110,000 to $190,000 and extend the agreement’s term to June 30, 2025. The contract scope includes the purchase and testing of equipment to confirm operational integrity, while explicitly excluding costs related to Capital Improvement Projects. The amendment will enhance the Water Divisions capacity to efficiently manage its inventory and respond promptly to meter replacement needs at competitive prices.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On September 8, 2020, the City Council approved a contract services agreement with Thirkettle Corporation dba Aqua Metric Sales Company for the provision and maintenance of water meter parts and supplies.

On August 23, 2022, the City Council approved Amendment No. 1 to the contract services agreement increasing the contract amount to $60,000 and extending the term of the agreement for an additional oneyear period ending June 30, 2023.

Item #8. Page 1
Meeting Date: 11/12/2024 / Packet Page #: 104
On April 14, 2023, the City Council approved Amendment No. 2 to the contract services agreement increasing the contract amount to $110,000 and extending the term of the agreement for an additional one-year period ending June 30, 2024.

DISCUSSION
The Public Works Water Division has been utilizing Aqua Metric Sales Company for the purchase of water meter parts and supplies necessary to operate the City’s water system. The City currently utilizes Sensus Meters for new construction and meter replacements. The Sensus meters were chosen for their reliability and compatibility with the current Analytics (formerly Flexnet) fixed based meter reading system. Aqua Metric Sales Company is the sole West Coast authorized dealer for Sensus Meters.

City Council approval of Amendment No. 3 is necessary to continue the routine purchase of meters, MXU’s, and other meter parts and supplies that are required for meter maintenance and replacement. The scope includes purchasing the equipment and testing any replaced equipment to ensure that the equipment is in good working condition. The contract does not cover costs associated with any Capital Improvement Projects. It is designed to enable the Water Division to maintain an inventory of meters, meter parts, and supplies which are utilized for replacement programs and other replacements when the need arises.

Currently, the total contract sum is $110,000. Staff is requesting to increase this amount by $80,000 for a total combined contract sum of $190,000. This amendment will also extend the term of the agreement from the closing date of June 30, 2024, to a new closing date of June 30, 2025. The contract provides staff with the ability to contact the vendor quickly and receive the most time effective response at the lowest possible cost for the type of meter that the City utilizes.

FISCAL IMPACT
Sufficient appropriations are available in the Adopted FY 2024/25 Mid-Cycle Budget for meter parts and supplies in the Water Operations Fund (501) account number 50170610-53540.

ENVIRONMENTAL DETERMINATION
N/A
Prepared By Ivylynn Meraz Gonzalez, Office Coordinator
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Original Contract, Amendment 1 and 2
B. Amendment No. 3
Item #8. Page 2
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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 THIRKETTLE CORP DBA AQUA METRIC SALES CO., a California Corporation (“Contractor”), is effective as of the _____ day of __________ 2022.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated September 8, 2020 (“Agreement”) whereby Contractor agreed to provide Water Meter Parts and Supplies.

B. City and Contractor now desire to amend the Agreement to extend from the closing date of June 30, 2022 to a closing date of June 30, 2023 and increase the contract sum from $40,000 to $60,000.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “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) calendar year from June 30, 2022 the date hereof, except otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for up to five (5) additional one-year term(s) provided the Contractor Officer gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term or any Extended Term.
b. 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 here as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $40,000 (Forty Thousand Dollars) $60,000 (Sixty Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
c. EXHIBIT “C-1” SCHEDULE OF COMPENSATION replace the
original Exhibit C-1 in its entirety with the attached rate schedule.

There shall be no escalation of any rates for the duration of the extended contract period (July 1, 2022 through June 30, 2023).

DocuSign Envelope ID: C398C78F-E396-4D77-8335-BF5D38D99119 23rd August
Item #8. Page 30
Meeting Date: 11/12/2024 / Packet Page #: 133

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.

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: C398C78F-E396-4D77-8335-BF5D38D99119 Item #8. Page 31
Meeting Date: 11/12/2024 / Packet Page #: 134
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:

AQUA METRIC SALES CO.

Name: Tommy Thirkettle
Title: President
Email: [email protected]
Name: Lea Thirkettle
Title: Vice President
Email: [email protected]
Address: 4050 Flat Rock Drive
Riverside, CA 92505
DocuSign Envelope ID: C398C78F-E396-4D77-8335-BF5D38D99119 Aug 15, 2022 | 9:29 AM PDT
Aug 12, 2022 | 4:06 PM PDT
Aug 24, 2022 | 10:27 AM PDT
Item #8. Page 32
Meeting Date: 11/12/2024 / Packet Page #: 135
Certificate Of Completion
Envelope Id: C398C78FE3964D778335BF5D38D99119 Status: Completed Subject: For Your Signature: Amendment No. 1 - City of Glendora & Aqua Metric (Parts & Supplies) Source Envelope:

Document Pages: 3 Signatures: 6 Envelope Originator:

Certificate Pages: 6 Initials: 0 Desiree Valdivia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
116 E Foothill Blvd
Glendora, CA 91741
[email protected]
IP Address: 173.196.201.130
Record Tracking
Status: Original
8/12/2022 12:16:40 PM
Holder: Desiree Valdivia
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Lea Thirkettle
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 13.57.72.132
Sent: 8/12/2022 12:18:51 PM
Viewed: 8/15/2022 9:28:53 AM
Signed: 8/15/2022 9:29:05 AM
Electronic Record and Signature Disclosure:

Accepted: 8/15/2022 9:28:53 AM
ID: 1cccae37-646d-4739-bc53-348cd972e0e2
Tommy Thirkettle
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 172.116.20.109
Sent: 8/12/2022 12:18:51 PM
Viewed: 8/12/2022 4:06:48 PM
Signed: 8/12/2022 4:06:57 PM
Electronic Record and Signature Disclosure:

Accepted: 8/12/2022 4:06:48 PM
ID: a98c76d6-1a74-4824-9726-d89c1a9692f9
Marie Ricci
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.196.201.130
Sent: 8/15/2022 9:29:08 AM
Viewed: 8/15/2022 10:38:35 AM
Signed: 8/15/2022 10:38:41 AM
Electronic Record and Signature Disclosure:

Accepted: 12/8/2021 11:11:16 AM
ID: c60e1c11-b865-4863-9206-df74434421dd
William Wynder
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.28.97.12
Signed using mobile
Sent: 8/15/2022 9:29:08 AM
Viewed: 8/15/2022 9:49:09 AM
Signed: 8/15/2022 9:49:44 AM
Electronic Record and Signature Disclosure:

Accepted: 8/15/2022 9:49:09 AM
ID: 0148b621-b5da-4070-8e05-f2fe918f9f41
Item #8. Page 33
Meeting Date: 11/12/2024 / Packet Page #: 136
Signer Events Signature Timestamp
Adam Raymond
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 205.155.236.194
Signed using mobile
Sent: 8/24/2022 9:13:31 AM
Viewed: 8/24/2022 10:26:59 AM
Signed: 8/24/2022 10:27:28 AM
Electronic Record and Signature Disclosure:

Accepted: 8/24/2022 10:26:59 AM
ID: 19edbf7d-eecc-475b-9c33-f5ecc0152679
Kathleen Sessman
[email protected]
City of Glendora
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 76.90.194.138
Signed using mobile
Sent: 8/24/2022 10:27:29 AM
Viewed: 8/25/2022 5:58:48 AM
Signed: 8/25/2022 5:59:04 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Desiree Valdivia
[email protected]
Administrative Assistant
City of Glendora
Security Level: Email, Account Authentication
(None)
Using IP Address: 173.196.201.130
Sent: 8/15/2022 10:38:42 AM
Viewed: 8/24/2022 9:13:30 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Ivy Gonzaelz
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/15/2022 10:38:42 AM
Viewed: 8/15/2022 11:08:08 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
City Clerk Group
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/25/2022 5:59:05 AM
Viewed: 8/25/2022 8:47:45 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ivy Gonzaelz
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/25/2022 5:59:05 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Item #8. Page 34
Meeting Date: 11/12/2024 / Packet Page #: 137
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/12/2022 12:18:52 PM
Certified Delivered Security Checked 8/25/2022 5:58:48 AM Signing Complete Security Checked 8/25/2022 5:59:04 AM
Completed Security Checked 8/25/2022 5:59:05 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Item #8. Page 35
Meeting Date: 11/12/2024 / Packet Page #: 138
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTUAL SERVICES

RECITALS
A. City and Contractor entered into Amendment No. 1 to Agreement for Contractual Services dated September 2020 (“Agreement”) whereby Contractor agreed to provide Water Meter Parts and Supplies.

B. City and Contractor now desire to amend the Agreement to, as amended, to extend the Term of the Agreement from the closing date of June 30, 2023 to the closing date of June 30, 2024 and increase the contract sum from $60,000 to $110,000.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. “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) calendar year from June 30, 2024 the date hereof, except otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for up to five (5) one (1) additional one-year term(s) provided the Contractor Officer gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term or any Extended Term.” “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 here as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $40,000 (Forty Thousand Dollars) $60,000 (Sixty Thousand Dollars) $110,000 (One Hundred Ten Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
EXHIBIT “C-1” SCHEDULE OF COMPENSATION replace the original Exhibit C-1 in its entirety with the attached rate schedule. There shall be no escalation of any rates for the duration of the extended contract period (July 1, 2022 through June 30, 2023).

DocuSign Envelope ID: B79BA361-4B78-4E10-85F4-E39D3A57F83E 14th April, 2023
Item #8. Page 36
Meeting Date: 11/12/2024 / Packet Page #: 139

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, the provisions of the Agreement, as amended, shall remain unchanged and in full force and effect.

From and after the date of this 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.

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 of this Amendment , 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]
DocuSign Envelope ID: B79BA361-4B78-4E10-85F4-E39D3A57F83E Item #8. Page 37
Meeting Date: 11/12/2024 / Packet Page #: 140
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:

AQUA METRIC SALES COMPANY
Name: Tommy Thirkettle
Title: President
Email Address [email protected]
Name:Lea Thirkettle
Title: Vice-President
Email Address [email protected]
Address: 4050 Flat Rock Drive
Riverside, CA 92505
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: B79BA361-4B78-4E10-85F4-E39D3A57F83E Apr 4, 2023 | 11:41 AM PDT
Apr 4, 2023 | 4:31 PM PDT
Apr 26, 2023 | 2:05 PM PDT
Item #8. Page 38
Meeting Date: 11/12/2024 / Packet Page #: 141
Certificate Of Completion
Envelope Id: B79BA3614B784E1085F4E39D3A57F83E Status: Completed Subject: For Your Signature: Amendment No. 2 - Aqua Metrics (Meter Supplies) Source Envelope:

Document Pages: 3 Signatures: 6 Envelope Originator:

Certificate Pages: 6 Initials: 0 Desiree Valdivia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
116 E Foothill Blvd
Glendora, CA 91741
[email protected]
IP Address: 173.196.201.130
Record Tracking
Status: Original
4/4/2023 9:56:15 AM
Holder: Desiree Valdivia
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Lea Thirkettle
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 13.57.72.132
Sent: 4/4/2023 10:04:47 AM
Viewed: 4/4/2023 11:40:48 AM
Signed: 4/4/2023 11:41:04 AM
Electronic Record and Signature Disclosure:

Accepted: 4/4/2023 11:40:48 AM
ID: 9ef071a8-08cd-4c7e-b3a3-99aeaa007a29
Tommy Thirkettle
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 23.240.62.9
Sent: 4/4/2023 10:04:47 AM
Resent: 4/4/2023 1:26:19 PM
Resent: 4/4/2023 2:00:50 PM
Resent: 4/4/2023 4:25:03 PM
Viewed: 4/4/2023 4:31:11 PM
Signed: 4/4/2023 4:31:21 PM
Electronic Record and Signature Disclosure:

Accepted: 4/4/2023 4:31:11 PM
ID: ad94f923-3698-45e3-9eee-b39cf26d6f93
Marie Ricci
[email protected]
Administrative Services Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 173.196.201.130
Sent: 4/4/2023 4:31:22 PM
Viewed: 4/5/2023 8:51:44 AM
Signed: 4/5/2023 8:51:50 AM
Electronic Record and Signature Disclosure:

Accepted: 12/8/2021 11:11:16 AM
ID: c60e1c11-b865-4863-9206-df74434421dd
William Wynder
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.28.116.83
Signed using mobile
Sent: 4/4/2023 4:31:22 PM
Viewed: 4/4/2023 5:43:18 PM
Signed: 4/4/2023 5:43:29 PM
Electronic Record and Signature Disclosure:

Accepted: 4/4/2023 5:43:18 PM
ID: cf01c073-61e5-407b-b516-7e188feadc7e
Item #8. Page 39
Meeting Date: 11/12/2024 / Packet Page #: 142
Signer Events Signature Timestamp
Adam Raymond
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.195.199.49
Signed using mobile
Sent: 4/26/2023 1:07:33 PM
Viewed: 4/26/2023 2:04:50 PM
Signed: 4/26/2023 2:05:06 PM
Electronic Record and Signature Disclosure:

Accepted: 4/26/2023 2:04:50 PM
ID: 33510492-508f-407b-9c60-5416a80286c6
Kathleen Sessman
[email protected]
City of Glendora
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 173.196.201.130
Sent: 4/26/2023 2:05:07 PM
Viewed: 4/26/2023 2:54:32 PM
Signed: 4/26/2023 2:54:38 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Desiree Valdivia
[email protected]
Administrative Assistant
City of Glendora
Security Level: Email, Account Authentication
(None)
Using IP Address: 173.196.201.130
Sent: 4/5/2023 8:51:52 AM
Viewed: 4/26/2023 1:07:33 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Ivy Gonzalez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 4/5/2023 8:51:52 AM
Viewed: 4/5/2023 11:59:17 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
City Clerk Group
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 4/26/2023 2:54:39 PM
Viewed: 5/1/2023 4:22:20 PM
Electronic Record and Signature Disclosure:

Accepted: 1/31/2023 10:02:21 AM
ID: d762bf29-ec2a-4657-8ba4-03307791a5ae
Ivy Gonzalez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 4/26/2023 2:54:40 PM
Electronic Record and Signature Disclosure:

Item #8. Page 40
Meeting Date: 11/12/2024 / Packet Page #: 143
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/4/2023 10:04:48 AM
Envelope Updated Security Checked 4/4/2023 10:13:39 AM
Envelope Updated Security Checked 4/4/2023 4:25:02 PM
Envelope Updated Security Checked 4/4/2023 4:25:02 PM
Certified Delivered Security Checked 4/26/2023 2:54:32 PM Signing Complete Security Checked 4/26/2023 2:54:38 PM
Completed Security Checked 4/26/2023 2:54:40 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Item #8. Page 41
Meeting Date: 11/12/2024 / Packet Page #: 144

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Glendora (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

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

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

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

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

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 1/22/2021 8:08:06 AM Parties agreed to: Lea Thirkettle, Tommy Thirkettle, Marie Ricci, William Wynder, Adam Raymond, City Clerk Group Item #8. Page 42 Meeting Date: 11/12/2024 / Packet Page #: 145
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Glendora:

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

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

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

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

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

Item #8. Page 43
Meeting Date: 11/12/2024 / Packet Page #: 146
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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

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

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

Item #8. Page 44
Meeting Date: 11/12/2024 / Packet Page #: 147
AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACTUAL SERVICES

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 $110,00 (One hundred ten thousand dollars) $190,000 (One hundred ninety thousand 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 follow:
“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) calendar year from June 30, 2024 the date hereof commencing on July 1, 2024, except otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, in its at their sole discretion, Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Item #8. Page 45
Meeting Date: 11/12/2024 / Packet Page #: 148
Amendment No. 3 – Aqua Metric (Water Meter Supplies) 11.12.2024 -2- extend the Term for up to five (5) one (1) four (4) additional one-year term(s) periods provided the Contractor Officer gives by giving advanced written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term or any Extended Term.”
c. Exhibit “C” (Schedule of Compensation) attached to the Agreement as amended shall be revised to include the rate schedule attached hereto as Exhibit “C1” for the period commencing on July 1, 2024, and ending on June 30, 2025.

5. Authority. The persons executing this Amendment No. 3 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. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Item #8. Page 46
Meeting Date: 11/12/2024 / Packet Page #: 149
Amendment No. 3 – Aqua Metric (Water Meter Supplies) 11.12.2024 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Roxanne Breceda
Deputy City Clerk
CONTRACTOR:

THIRKETTLE CORPORATION DBA AQUA METRIC

SALES COMPANY
Name: Tommy Thirkettle
Title: President
Email: [email protected]
Name: Lea Thirkettle
Title: Vice President
Email: [email protected]
Address: 4050 Flat Rock Drive Riverside, CA 92505_
Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Oct 22, 2024 | 12:59 PM PDT
Oct 29, 2024 | 11:23 AM PDT
Item #8. Page 47
Meeting Date: 11/12/2024 / Packet Page #: 150
EXHIBIT “C-1”
Docusign Envelope ID: 1518F92D-085F-42C0-AE87-882E7205D4CB Item #8. Page 48
Meeting Date: 11/12/2024 / Packet Page #: 151

STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Public Works DISTRICT(S): 1
SUBJECT: Notice of Completion for the Abatement and Demolition of the City Owned Property at 1762 Dale Road, Plan No. 1389

RECOMMENDATION
That the City Council:

1. Accept the completion of the Abatement and Demolition of City Property at 1762 Dale Road Project, Plan No. 1389, by Horizon Construction Co., Int’l Inc.;

2. Approve the final contract amount of $1,368,200;

3. Authorize the Mayor to sign the Notice of Completion for Recordation;

4. Authorize the Public Works Director to release the project retention 35 days after the recordation of Notice of Completion;

5. Authorize the release of the Labor and Materials Bond in the amount of $1,289,373.94, six months after recordation of Notice of Completion, if no claims have been received; and

6. Authorize the release of the Faithful Performance Bond one (1) year following recordation of Notice of Completion if the improvements remain free from defects in materials and workmanship.

STRATEGIC FOCUS AREAS
 Goal 6: Implement Strategic Homelessness Solutions (ISHS)

EXECUTIVE SUMMARY
The Dale Road Abatement and Demolition Project, Plan No. 1389, included environmental testing, demolition of all on-site structures and abatement of related hazardous asbestos and lead containing materials. Converse Consultants, an environmental consultant was engaged under an in place On-Call Agreement to address environmental components such as testing, abatement and monitoring in the amount of $48,340 and an agreement in the amount of $1,289,374 was awarded to Horizons Construction Co. Int’l, Inc. (Horizons) for completion of the demolition and additional abatement. Two change orders were determined to be necessary totaling $78,825, resulting in a final total cost of $1,416,540 for the complete abatement and demolition of the Dale site. Staff recommends that the City Council accept and approve the Notice of Completion of work conducted by Horizon Construction Co., Int’l Inc. and authorize the Mayor to sign the Notice of Completion formalizing the project’s conclusion.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
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 on July 31, 2023.

On February 27, 2024, the City Council awarded an Agreement for the abatement and demolition of the Dale site to Horizon Construction Co, Int’l. Inc in the amount of $1,289,374 plus a 10% contingency, resulting in a total not to exceed amount of $1,418,311.

Item #9. Page 1
Meeting Date: 11/12/2024 / Packet Page #: 152
On August 27, 2024, the City Council instructed staff to prepare a Request for Proposal (RFP) that would utilize ¼ to ½ acre for transitional housing and a second RFP to utilize the remainder of the site for permanent supportive housing.

DISCUSSION
The City acquired the property at 1762 Dale Road in July 2023 with plans to prepare the location for the development of housing options for varying income levels. Prior to the City’s acquisition of the property, the site had been the location of a senior assisted living facility. The site was improved with 14 structures, all of which were in deteriorating, poor condition. The City intends to partner with developers and/or nonprofit organizations to implement housing units for individuals and families of varying income levels, however before doing so, it was necessary to demo the existing structures and provide a clear, vacant site. Utilizing a 2022 executed On-Call Agreement, City staff engaged Converse Consulting to conduct environmental testing at the site. Eleven of the fourteen structures were found to contain various levels of asbestos containing materials and all fourteen structures were found to contain various levels of lead containing materials, therefore in addition to the demolition, abatement for lead and asbestos was also necessary.

On February 27, 2024, the City Council awarded an Agreement for the abatement and demolition of the Dale site to Horizon Construction Co, Int’l. Inc. in the amount of $1,289,373.94 with an additional 10% contingency for minimal and/or non-substantive changes, resulting in a total not to exceed amount of $1,418,311.

Demolition permit B24-0562 was issued on June 3, 2024, and demo work commenced shortly thereafter.

Two change orders as noted below were required; the amount of additional work was covered within the 10% contingency. The total cost for the abatement and demolition, inclusive of the two change orders and environmental testing and monitoring through Converse Consultants was $1,379,409.

Consultant and Scope Contract Amount Total Invoiced
Horizon Agreement for abatement and demolition
With 10% Contingency (Not to Exceed Amount):
$1,289,374
NTE: $1,418,311 $1,289,374
Horizon Change Order 1:
o Excavate and expose the existing buried swimming pool to 3’ below the existing grade.
o Backfill exposed swimming pool and compact.
o Backfill existing exposed concrete structure and compact. o Pump out existing septic tanks.
o Remove existing septic tanks and dispose of concrete
rubble.
o Remove and dispose of existing cesspool.
o Backfill exposed dirt holes and compact.
$24,555 $24,555
Horizon Change Order 2
o Extra Work Plans per South Coast Air Quality Management District (SCAQMD) direction:
 Building #6: Material cleaning required by SCAQMD to
walls, ceilings and floors.
 Building #7: Additional asbestos insulation discovered by SCAQMD in the attic and acoustic ceiling.
 Building #8: Damaged thermal system installation (TSI) was found in the boiler pipe pit.
$54,270 $54,270
Converse
o Environmental (Asbestos Paint Testing)
o Abatement Monitoring and Oversight
$16,902
$53,607
$16,902
$31,439
Item #9. Page 2
Meeting Date: 11/12/2024 / Packet Page #: 153
Total Final Costs: $1,416,540
The site is now clear, providing a vacant site readily available for the Community Development Department to prepare and release RFP’s to solicit partnerships for the development of affordable housing.

FISCAL IMPACT
Funding for this project was included in the Amended FY 2023/24 budget. Abatement and demolition costs totaled $1,416,540 were charged to Affordable Housing Fund 228, Housing Authority Fund 229 and Capital Projects Fund 301 as detailed in the table below.

Expenditures
Description Account No. Project No. Amount
Environmental 22800990-70000 4223101 $16,902
Environmental 30100990-70000 4223101 $31,439
Construction 22900990-70000 4223101 $300,000
Construction 30100990-70000 4223101 $1,068,200
Total Expenditures $1,416,540
Summary of Retention Payable
Construction - Retention Payable 22900990-70000 4223101 $68,410

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was prepared with the awarding of the agreement for this project (Attachment B) pursuant to 15532 of the CEQA Guidelines.

Prepared By Valerie Velasquez Santoya
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Notice of Completion
B. Notice of Exemption
Item #9. Page 3
Meeting Date: 11/12/2024 / Packet Page #: 154
Rev. 9/2011
RECORDING REQUESTED BY:

CITY OF GLENDORA
WHEN RECORDED MAIL TO THIS ADDRESS:

CITY CLERK

CITY OF GLENDORA
116 E. Foothill Boulevard
Glendora, CA 91741

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The full name of the OWNER is CITY OF GLENDORA.

3. The full address of the OWNER is 116 E. Foothill Boulevard, Glendora, CA 91741.

4. The nature of the interest or estate of the undersigned is: (i.e., In Fee.) Fee Interest.

5. A work of improvement on the property hereinafter described was COMPLETED on Thursday October 30, 2024.

6. The work of improvement completed is described as follows: Abatement and Demolition of Material and Structures at 1762 Dale Road, Plan No. 1389.

7. The name of the original contractor, if any, for such work of improvement is Horizon Construction Co, Int'l Inc..

8. The street address of said property is 1762 Dale Road .

9. The property on which said work of improvement was completed is in the City of GLENDORA, County of LOS ANGELES, State of CALIFORNIA, and is described as follows:

The scope of this project consisted of demolition of all on-site structures and abatement of related hazardous asbestos and lead containing materials.

CITY OF GLENDORA
Date: November 12, 2024 Signature of Owner or agent: By________________________________________ MENDELL THOMPSON, Mayor

VERIFICATION
I, the undersigned, declare under penalty of perjury under the laws of the State of California, that I am the Mayor of the City of Glendora of the aforesaid interest or estate in the property described in the above Notice, that I have read the said Notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. _______________________________________________
November 12, 2024 at Glendora, California MENDELL THOMPSON

Item #9. Page 4
Meeting Date: 11/12/2024 / Packet Page #: 155
rvp7/3/97

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

NOTICE OF EXEMPTION
Project Title: 1762 Dale Road Housing Development
Project Location: 1762 Dale Road, Glendora, CA 91740
Project Sponsor: City of Glendora
Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Arrow Highway Specific Plan Zoning Designation: Arrow Highway Specific Plan – Corridor Buffer Residential (C-BR) Project Description: The project involves demolition of approximately 13,462 square feet of existing buildings and the development of housing consistent with City of Glendora’s (“City”) general plan and zoning for the site.

Surrounding Land Uses and Setting: Commercial and residential The Planning Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 32-Infill Development Projects
Section: 15532
Statutory Exemption. Code Number:

Reasons why project is exempt: The project meets the conditions for an exemption as described in Section 15532 of the CEQA Guidelines.
(a) The proposed project is consistent with the City’s general plan and zoning designations for the site. The City acquired the project site in 2023, following the City Council’s adoption of Resolution 2023-23, which stated that the City is interested in assisting with the development of attainable housing for households of varying incomes. The project site is a “housing site” identified in the City’s 6th Cycle Housing Element. The project site is zoned for housing at 20 du/acre not including density bonuses provided by State law. (b) The project site is less than five acres, as it consists of 2.17 acres. (c) The project site has no value as a habitat for endangered, rare, or threatened species. The project site is located within a fully urbanized area with no vacant land or natural surroundings.
(d) Approval of the project will not result in any significant impacts to traffic, noise, air quality, or water quality. The project site is in an urbanized area and has consisted of various building developments since 1913. The proposed project is consistent with the Arrow Highway Specific Plan and is within the maximum development analyzed under the Item #6. Page 4
Meeting Date: 2/27/2024 / Packet Page #: 48
Item #9. Page 5
Meeting Date: 11/12/2024 / Packet Page #: 156
associated Environmental Impact Report certified in 2018. A Phase 1 Site Assessment was completed in 2022 and did not find any history of hazardous materials on the project site.

An asbestos-containing materials and lead based survey has also been completed, and the identified materials will be disposed of in accordance with regulatory requirements as part of the demolition of existing buildings.
(e) The project site can be adequately served by all required utilities and public services. The project site is served by all utilities and public services necessary to support housing development consistent with the Arrow Highway Specific Plan.

The above recommended exempt status and findings were adopted by the following body:

City of Glendora City Council on February 27, 2024
Date:

Jeff Kugel, Community Development Director (626) 914-8214 Item #6. Page 5
Meeting Date: 2/27/2024 / Packet Page #: 49
Item #9. Page 6
Meeting Date: 11/12/2024 / Packet Page #: 157

STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Police Department DISTRICT(S): Citywide
SUBJECT: Community Preservation Staffing

RECOMMENDATION
That the City Council:

1. Receive and file report; and

2. Provide direction to staff for any actionable item.

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

EXECUTIVE SUMMARY
The Community Preservation Division of the Police Department is responsible for enforcing public safety ordinances and nuisance statutes which have been enacted by state and local legislative bodies. These statutes or ordinances exist to protect the health, safety, and welfare of Glendora community members and to contribute to neighborhood vitality by setting minimum standards for structures and surrounding property and address other matters that impact the quality of life of the community. Community Preservation also participates in community events and provides outreach to educate the public on the various laws, codes, and typical nuisance complaints received before enforcement is needed. The history of Community Preservation and staffing levels is being presented to the City Council this evening for consideration and additional direction, if necessary.

LEGISLATIVE HISTORY/PREVIOUS ACTIONS
At the June 11, 2024, City Council meeting, Staff was directed to return with an item to discuss Community Preservation/Code Enforcement and the regulations surrounding Sidewalk Vending.

At the September 10, 2024, City Council meeting, Staff presented the historical staffing levels of Community Preservation and history of California's Safe Sidewalk Vending Act, also known as Senate Bill (SB) 946, which decriminalizes sidewalk vending and allows local authorities to create non-criminal laws to protect public health and safety. The act was signed into law by Governor Brown on September 17, 2018, and went into effect on January 1, 2019. SB 946 defines a sidewalk vendor as someone who sells food or merchandise on a sidewalk or pedestrian path but does not apply to food trucks or vehicles. In December of 2019, the City of Glendora adopted Ordinance 2046 establishing a permitting and regulatory program consistent with SB 946.

Staff was directed to return with an item to discuss Community Preservation/Code Enforcement staffing needs.

DISCUSSION
Community Preservation has a long history of community development, engagement, education and when necessary, enforcement. Community Preservation works with the community, a variety of City Item #10. Page 1
Meeting Date: 11/12/2024 / Packet Page #: 158
Departments and agencies within Los Angeles County to investigate potential violations of the City Zoning Code, Municipal Code, State Health Codes, and Uniformed Housing Code. Prior to 2001, Community Preservation was known as Code Enforcement and staffed by Code Enforcement Officers. With the change in name also came a change in philosophy. Previously, the primary focus was to gain compliance for code violations. The concept of Community Preservation combines compliance with the various zoning, municipal and building codes with the overall health, safety, and welfare of the community through the building of partnerships. Community Preservation is available during business hours to answer questions from citizens regarding rules and regulations, educate the public, issue parking permits, respond to community requests, and address any potential complaints/violations. Community Preservation Officers also work closely with our Homeless Liaison Officer and the Homeless outreach team to address quality of life issues for our unhoused population within the community. Additionally, Community Preservation has a strong partnership with the Community Development Department, meeting once a month, to address any concerns conveyed by citizens and review upcoming projects. This partnership ensures the needs of the community are being met since several responsibilities of Community Preservation originate or overlap with Community Development.

In addition to their regular duties, Community Preservation Officers are embedded in the community providing outreach to educate. They attend events throughout the year, including National Night Out, Earth Day, Open House at the Police Department, Neighborhood Watch meetings, National Walk to School Day, and the Community Academy. During those events Community Preservation staff educate the public through interactions and handouts for various regulations, potential health hazards, answer questions, and provide background on Community Preservation duties. Some of the handouts used in the past include information on lead-based paint, parking regulations, alley parking and storage, bulky item storage, flags/pennants for businesses, and common nuisance complaints.

Historical Staffing Levels
Community Preservation has been part of the Police Department since 2006. Prior to 2006, they fell under the Planning and Redevelopment Department, except for a short period during 2005 when the division reported to the Police Department during the transition.

Presently, the Community Preservation division is supervised by the Support Services Supervisor and is staffed with two (2) full-time Community Preservation Officers who work with a variety of City Departments and Agencies within Los Angeles County. They assist or initiate the investigation of violations of the City Zoning, Municipal, State Health, and Uniformed Housing Codes. Community Preservation works closely with the City Attorney to prepare legal action when education and informal mitigation fails to remedy unsafe health and safety violations.

In 2013, Community Preservation had only one officer. When this Community Preservation Officer separated from the City, two part-time Community Services Officers were deployed for a little over a year until the position could be filled. In 2015 one full-time and one part-time Community Preservation Officer were hired and trained. In 2016 the part-time Community Preservation Officer accepted the role full-time, bringing staffing to two full-time Community Preservation Officers. Last year, the second full-time Community Preservation Officer accepted another position, and a new Officer was hired to fill the vacancy.

Due to training of the second Community Preservation Officer and protected leave, staffing levels were short over the last year, leaving only one officer available Monday through Friday, most weeks. With the recent staffing changes, Community Preservation has recently been able to adjust their schedule to offer six day a week coverage, working Monday through Saturday, and two Sundays a month. This is in addition to any special operations that are needed for directed enforcement of community concerns.

Year CPO’s
2010 3.5 (2 FT city employees, 1 PT city employee, 1 FT grant funded) 2011 3.5 (2 FT city employees, 1 PT city employee, 1 FT grant funded) 2012 1 FT city employee, 1 PT city employee
2013 1 FT city employee
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2014 1 (0 FT city employee, 2 PT Community Service Officers) 2015 1.5 (1 FT city employee, PT Community Service Officer) 2016 to 2024 2 FT city employees
To ensure the community needs are met, our Community Preservation Officers obtain a variety of training to include, being certified California Association of Code Enforcement Officers (CACEO), carry current PC 832 Powers of Arrest certification through State of California Commission on Peace Officers Standards and Training (POST), First Aid/CPR/AED certification through the American Heart Association, and attend various ongoing trainings to stay up to date on laws and trends, such as officer safety, short-term rentals, and de-escalation tactics.

Reactive vs Proactive
The two Community Preservation Officers, led by the Support Services Supervisor, meet and strategize the priorities of their case load numerous times per week. These priorities are fluid and are constantly reprioritized based on the urgency of given cases, public impact, specific policy initiatives set forth by the City Council, and the overall needs of the City. Calls that are initiated from the community are reactive in nature as Community Preservation is responding to their inquiry, which is in line with the City’s Strategic Plan. Traditionally, based on the desire of the community and City Council, Community Preservation has been mainly reactive in response to violations. Community Preservation has been proactive in cases they observe, or cases initiated by law enforcement, another City Department, or outside partner agency.

Cases that are egregious violations, public safety hazards, or specific issues addressing community concerns typically receive an immediate response, pulling Community Preservation from routine duties to address the concerns and safety hazards.

Historical Activity
Historically, the number of cases opened, and closed, has fluctuated. Some factors that influence the number of cases opened and when they can be closed, are staffing issues (only one officer available for fieldwork), limited contact due to the pandemic, time constraints of large cases, and community generated complaints. Over the last ten years, Community Preservation has opened 10,472 cases, closed 9,922 cases, conducted 18 inspection warrants, 3 abatement location cases, and 5 receivership cases. Year to date, Community Preservation has opened 580 cases, closing 569 of them and issuing 85 administrative citations. A case is opened once a complaint is received and verified, or proactively observed by officers.

Once a correctable violation is established, education and voluntary compliance is sought. If education and voluntary compliance does not resolve the violation(s), a case is monitored, and it is tracked to conclusion. These cases can involve multiple trips to a location, with partnerships of other agencies, City Departments, and the City Attorney to gain compliance. Presently, there are four locations that are being reviewed for abatement or receivership due to non-compliance. The cases handled do not include community outreach, citizen contacts, low level violations, other municipal code violations not associated with a specific location, or counter assistance that is provided daily and as such, the number of cases is not reflective of the overall workload of Community Preservation.

In addition to cases handled, Community Preservation is responsible for engaging the public at the front counter, answering questions regarding the codes, preparing reports, processing citations, issuing parking permits, conducting site visits, and proactively addressing violations observed in the course of their duties.

Community Preservation Process
Community Preservation triages complaints and observations based on public safety, nuisance, volume of calls, public impact, and direction from the City Council. Education and voluntary compliance are the recommended and preferred approach for achieving compliance. Community Preservation constantly strives to exceed expectations by conducting follow-up with reporting parties within ten business days of the initial call and at least every 30 days thereafter until the case is resolved.

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Properties are inspected due to citizen complaints, referrals from Los Angeles County or outside agencies, internal referrals from Police Officers who observed a possible violation, or as part of a systematic inspection program. Community Preservation Officers check for compliance with the ordinance and attempt to contact property owners, contractors, property managers, or occupants about apparent violations. Depending on the violations, the City Building Inspector may also be involved in the inspections. The goal of the Community Preservation Officer is to gain voluntary compliance; however, it is sometimes necessary to inspect or abate public nuisances or dangerous conditions on private property without the consent of the owner or occupants. Emergency inspections and abatements are also sometimes necessary to protect the public’s health or safety and must be coordinated with the City Prosecuting Attorney’s office.

In line with the Strategic Plan of addressing quality of life issues and building trust with the community, Community Preservation looks for opportunities to engage the community with outreach when identifying properties with code violations. Over the last several months, Community Preservation has worked with an elderly resident that was having difficulty maintaining her property and hoarding items. Community Preservation coordinated with local businesses and volunteers to begin the process of bringing the property into compliance and assisting the property owner in a long-term solution to ensure the property does not regress. We continue to look for opportunities to work with the community and businesses to utilize the partnerships for those in need of assistance.

Achieving and Maintaining Code Compliance
The Community Preservation Division encourages citizens to support their community by being a good neighbor and adhering to City regulations which can prevent the deterioration of our neighborhoods from public nuisance conditions and code violations. The goal is to engage the community members, educate them as to the purpose of Community Preservation and the complaints received/observed, and obtain compliance. In such instances that voluntary compliance is not obtained, a Community Preservation Officer may move on to enforcement through civil, administrative, or criminal proceedings until compliance is achieved. During the enforcement phase, frequent inspections are conducted by the code enforcement officers seeking to correct the violations reported within the community. The Community Preservation remedies are as follows:

Voluntary Compliance
As reasonably possible, and when furthering the public’s health, safety or welfare, Community Preservation Officers will seek voluntary compliance from persons who violate the Glendora Municipal Code (GMC) on private property, except in cases of significant or imminent hazard to life or property. “Voluntary compliance” defined as a responsible person that has been advised verbally, and/or in writing, of an alleged violation of applicable codes on private property and has been afforded an opportunity to abate the given violation. This is the first step in contacting and educating citizens. Often community members are unaware that they are violating a code or causing a nuisance by their action/inaction.

Engaging the community members and building trust for a partnership for the betterment of the neighborhoods is the goal for voluntary compliance.

Criminal Citation
Pursuant to GMC 1.18 and in accordance with Penal Code § 836.5, the employees of the city designated by the City Manager through City Council authorization, or his/her designee, as Community Preservation Officer of the City, are authorized to arrest without a warrant a person in violation of any provisions of the GMC or whenever such a Community Preservation Officer has reasonable cause to believe that the person to be arrested has violated that provision in the Community Preservation Officer’s presence. The power of arrest is further given to a Community Preservation Officer for all offenses classified as misdemeanors or infractions (Ordinance 1703 § 1, 1999).

Prosecutorial Discretion
Nothing will be construed as limiting or affecting the prosecutorial discretion of the City Attorney. The City Attorney will look at each case, evaluate it for its legal and factual merits, and act (or not act) in accordance with legal and ethical obligations.

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Further Legal Action
 Except when doing so would be the most expeditious means of abating the hazard, voluntary compliance will not be a consideration.
 A person who creates or maintains a significant or imminent hazard or life or property.  A person who is a prior offender, or who demonstrates a prior history or pattern of failing to comply with the codes of the city.
 A person who commits a violation of applicable codes on public property.  A person has stated or indicated his or her refusal to comply with applicable codes to a Community Preservation Officer.

Administrative Citation
Pursuant to GMC Chapter 1.18 the issuance of citations imposing administrative fines may be performed at the discretion of a Community Preservation Officer designated by the City Manager through City Council authorization, or his/her designee. The issuance of a citation to any person constitutes but one remedy of the City to address violations of the code by any person and obtain immediate compliance. By adoption of this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to address any violation of this code by any person, which the City may otherwise pursue. All Administrative Citations shall adhere with the provisions outlined in GMC Chapter 1.18.

When education and voluntary compliance are not achieved, Community Preservation Officers will begin the Administrative Citation Procedure. Each step still attempts to educate and engage the community member to gain compliance at the lowest possible level and allows time for the violations to be corrected.

The process is as follows:

Correspondence
Notice of Violations are standard form letters that are sent out for municipal code violations. In general, an initial Notice of Violation, second Notice of Violation, and citation letter is the progression for most code cases.

Initial Notice of Violation
The first Notice of Violation is a standard form used to open communication and notify property owners and/or tenants of existing conditions on property that appear to be in violation of the code.

This initial Notice of Violation for residential properties is sent to the property owner as listed on the tax roll. A copy may also be sent to the resident on-site if the property owner is an absentee owner.

For commercial properties, the first letter is sent to the business owner or manager, with a copy of the letter also sent to the property owner. The letter describes in detail conditions that appear to be violations. The letter requests voluntary correction of the conditions listed and provides a specific period for the abatement.

Second Notice of Violation
The second Notice of Violation is used to notify the property owner that the conditions mentioned in the first letter have not been corrected. The second Notice of Violation requests voluntary compliance and gives a specific timeline for correction of the violation(s). The timeline for correction of each violation may be determined by the Community Preservation Officer’s discretion.

Correction time frames are based on how long it would reasonably take to correct the violation, amount of time since the first notice, provisions in the GMC, and best practices. The letter must issue a warning that if the nuisance is not abated, it will result in an administrative citation or referral to the City Attorney, to legally move to the next step in the case progression.

Citation Letter
If compliance is not gained by the second Notice of Violation in the period prescribed by the Community Preservation Officer, an Administrative Citation will be issued. The citation will be Item #10. Page 5
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accompanied by a letter describing the reason for the citation, method of paying for the citation, and means to dispute the citation.

Administrative Citations
Administrative Citations are issued when voluntary compliance is not met. The process for writing the citation is clearly defined in Section 1.18 of the GMC. The citation shall be a written document and shall describe in reasonable detail the violation so that the responsible party may properly correct it. The citation shall provide a reasonable time for correction, given the circumstances of the violation. The Community Preservation Officer shall attempt to issue the citation to the responsible party at the site of any violation and obtain the signature of the responsible party, if possible.

Failure, or refusal of the responsible party, to sign the citation shall not affect the validity of the citation. If the responsible party is not located, citations will be mailed to the property owner via both certified and regular mail. Citations will continue to be issued after the reasonable time for correction has passed. If the violation is continuing, citations will be issued weekly until compliance is met or further legal action is initiated. Citations may not be issued more than once every seven days for the same violation to allow the responsible party time to correct the violations.

The City utilizes a third-party vendor, Data Ticket, to collect and enforce payment on administrative citations. Cases where voluntary compliance is not obtained can be labor intensive for Community Preservation Officers monitoring the violation, letters, citations, administrative hearings, and communicating with the City Attorney. Community Preservation Officers enter the citation amount into Data Ticket, update the case file, and ensure that the citation is processed. If the fine is contested Data Ticket will assign a Hearing Officer and oversee an administrative hearing. If the fine is not paid, Data Ticket will issue another letter notifying the owner that a late fee is being added to the fine, and the issue may be forwarded to collections or to the City Attorney.

Vending Compliance
Community Preservation Officers are also responsible for enforcing the Municipal Codes for other violations that are not linked to a property. In the last year, there has been an increase in violations for street vendors. The process for ensuring compliance with the permitting process and safe vending is similar to any other code violation. Community Preservation Officers engage the vendors, educate them as to the purpose of Community Preservation and the complaints received/observed, and obtain compliance. In such instances that voluntary compliance is not obtained, a Community Preservation Officer may move on to enforcement through civil, administrative, or criminal proceedings until compliance is achieved.

In the event that vendors persistently operate in conflict with regulations, and administrative fines are not an effective deterrent, obtaining compliance is difficult. The City may issue citations, but fines are limited under state law and vendors may request a waiver based on an “ability-to-pay.” State law limits enforcement by cities because SB 946 is intended to provide economic opportunities to low-income and immigrant communities.

The Community Preservation remedies are as follows:

Education
Community Preservation Officers seek to educate any vendor within the City of Glendora prior to needing to issue a citation. When a vendor is observed or a call of service is received, Community Preservation Officers contact the vendor, identify them, advise the vendor of the Glendora Municipal Code, necessary permits, and enforcement actions that will be taken if they do not comply. Engaging the vendors and building trust for a partnership for the betterment of the community is the goal for voluntary compliance.

Enforcement
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If the vendor fails to comply an Administrative Citation is issued. Administrative Citations are issued daily until compliance is met. Only one citation may be issued per day.

Any other violations of the State Law witnessed are addressed and the violators are issued citations for the appropriate penal, business, or vehicle codes. Penal and vehicle code violations are issued when the violation is observed and may be issued more than once daily.

From January 1, 2024, to October 21, 2024, Community Preservation and Glendora Police Officers responded to approximately 260 calls of vendors selling a variety of goods from flowers, fruit, t-shirts, political memorabilia, and cooked food items. Many of the contacts have been with flower vendors and have generated the most calls from the community. Of the 260 calls, 139 of those were direct observations by Community Preservation, Glendora Police Officers, or City Staff. In response to these calls, Community Preservation and Glendora Police Officers have conducted several operations to educate and gain vendor compliance.

The increase in the calls for street vendors has impacted staff. Currently we do not have a certified bilingual Spanish Community Preservation Officer and frequently need to utilize a certified bilingual Spanish Police Officer to liaison when contacting vendors within the city since many vendor calls require an educational component that takes more time than a typical call and require more follow-up contacts for ongoing compliance issues. These calls for service have been labor and time intensive, requiring Community Preservation and Police Officer presence to adequately resolve the compliant or gain compliance, keeping the officers from other duties. Previously, if a call is received over the weekend, when no Community Preservation Officers are available, Police Officers are dispatched to make contact and ensure compliance. We have also received complaints from the vendors, arguing or physically fighting over locations. These types of calls require a police response to ensure the safety of the public and those involved.

With the consistent work of Community Preservation Officers and Glendora Police Officers, we have seen a marked improvement in compliance over the last six months. The calls for service from the community have drastically decreased with that compliance. There are currently nine street vendors licensed with the City of Glendora and their presence varies daily.

Historical List of Activity:

Year Vendor Calls Proactive Calls Vendors Cited Total Cases Administrative Citations
2019 - 2023 168 20 8 4,485 297
24-Jan 11 5 0 41 7
24-Feb 23 15 24 26 8
24-Mar 33 21 16 55 14
24-Apr 19 9 2 72 8
24-May 32 22 3 59 4
24-Jun 43 20 5 72 3
24-Jul 57 25 10 108 10
24-Aug 26 16 2 59 16
24-Sep 11 6 3 49 7
24-Oct 5 2 4 39 8
Year to Date 260 139 69 580 85

Police Officers assist Community Preservation by issuing Administrative Citations when they encounter violations of the Municipal Code. Examples of the types of citations issued by Police Officers are Item #10. Page 7
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unauthorized parking, loud music or gathering, vending without a permit, storage of bulk items on public property, camping violations, solicitors, park hours, and open containers. The City of Glendora also contracts with Intercon for parking enforcement for Glendora Municipal Code and vehicle code violations.

The Parking Enforcement Officers supplement officers by issuing citations for overnight parking violations, time limit parking, district parking, and any non-moving vehicle code violations observed.

Examples of the types of calls handled by Community Preservation include illegal/improper storage, parking issues, inoperative vehicles, RV/trailer storage, illegal dumping, noise nuisances, improper storage of rubbish, weeds/overgrown vegetation, signage issues, impeding sidewalks, short term rental issues, businesses in residential areas, businesses operating outside of approved hours, unapproved sheds, subjects living in RV’s, unsafe pools, deteriorating exteriors of residences and businesses, vending without permit, operating business without license, peafowl feeding, excessive animals, farm animals, hoarding homes, alleyway encroachments, zoning, and condition use permit violations.

Over the last year, Community Preservation Officers have been responsive to the needs of the community and have prioritized calls/cases effectively, despite staffing challenges with only one officer available to respond during the transition of personnel. With the recent changes to staffing, Community Preservation now has two officers who are fully trained to work independently. To ensure the highest quality of service, Community Preservation Officers are working a 4/10 schedule with coverage Monday – Saturday, and two Sundays a month.

RECOMMENDATION
In reviewing the overall statistics, comparing this year to the previous average for the last five years, Community Preservation has been able to balance proactive and reactive responses to calls. We believe we have sufficient resources and personnel to accomplish the goals and vision based on the needs of the community and direction of City Council. At this time, we do not recommend adding additional personnel to the Community Preservation Division.

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

Prepared By Shelly Gold, Police Captain
Concurs With Not Applicable
Reviewed By Michael Randazzo, Police Chief
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. Presentation
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COMMUNITY PRESERVATION

STAFFING
POLICE DEPARTMENT/COMMUNITY DEVELOPMENT
CITY COUNCIL MEETING
NOVEMBER 12, 2024
SHELLY GOLD, POLICE CAPTAIN
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COMMUNITY PRESERVATION

STAFFING
Item #10. Page 10
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HISTORICAL STAFFING LEVELS
Item #10. Page 11
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TO ENSURE THE HIGHEST
QUALITY OF SERVICE,
COMMUNITY PRESERVATION
OFFICER’S ARE AVAILABLE
MONDAY – SATURDAY, AND
TWO SUNDAYS A MONTH.

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HISTORICAL ACTIVITY
2024
• 580   cases opened
• 569   cases closed
•   85   citations issued
•     3    pending abatement locations
•      1    pending receivership location
• 260   vendor calls
•   69   vendors cited
DURING THE LAST 5 YEARS:
• 4,485  cases opened
• 3,977   cases closed
•      18    inspection warrants
•       3    abatement location cases
•       5    receivership cases
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REACTIVE VS. PROACTIVE

REACTIVE
• Calls that are initiated from the community

PROACTIVE
• Initiated by Community Preservation, law enforcement, another City Department, or outside partner agency from observations
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- Engage Public at Front Counter
- Educate On Codes, Answer Questions
- Prepare Reports/Paperwork
- Process Citations
- Return Phone Calls
- Issue Parking Permits
- Meet with Other City Departments
- Confer with other Agencies
- Facilitate Positive Neighbor Relationships
- Educate Public
- Site Visits/Observations
- Follow-up on Open Cases
- Document/Photograph Violations
- Issue Citations
- Proactively Address Parking, Vending, and
other violations as observed
TYPICAL OFFICE TYPICAL FIELD

DUTIES DUTIES
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RECOMMENDATIONS
BASED ON COMMUNITY PRESERVATIONS ABILITY TO BALANCE
PROACTIVE AND REACTIVE RESPONSES TO CALLS, STAFF BELIEVES WE HAVE SUFFICIENT RESOURCES AND PERSONNEL TO ACCOMPLISH THE GOALS AND VISION BASED ON THE NEEDS OF THE COMMUNITY AND DIRECTION OF CITY COUNCIL.

WE DO NOT RECOMMEND ADDING ADDITIONAL PERSONNEL TO THE
COMMUNITY PRESERVATION DIVISION AT THIS TIME.

Item #10. Page 16
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FISCAL IMPACT
There is no fiscal impact associated with the recommendations in this report.

Item #10. Page 17
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RECOMMENDATION
That the City Council:

1. Receive and file report.

2. Provide direction to staff for any actionable item(s).

Item #10. Page 18
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STAFF REPORT
TO: Mayor And Council Members DATE: November 12, 2024
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Water Conservation Report

RECOMMENDATION
That the City Council:

1. Receive and discuss the Water Conservation Report.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and maintain the City’s infrastructure and facilities (IMCIF)

EXECUTIVE SUMMARY
On July 3, 2024, the California State Water Resources Control Board adopted the “Making Conservation a California Way of Life” regulation which implements Assembly Bill 1668 (AB 1668) and Senate Bill 606 (SB 606), both of which were signed into law in 2018 to achieve long-term water use efficiency. The “Making Conservation a California Way of Life” regulation establishes new standards for water conservation for all urban retail water suppliers. The new standards result in increasingly lower water budgets for all water use within a water agency’s service area.

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

On July 3, 2024, the California State Water Resources Control Board adopted the “Making Conservation a California Way of Life” regulation which implements AB 1668 and SB 606 to achieve long-term water use efficiency.

DISCUSSION
As part of the City of Glendora’s 2020 Urban Water Management Plan (UWMP), the City adopted its Water Shortage Contingency Plan (WSCP), a critical tool in managing water demand during periods of shortage. The WSCP outlines six water shortage levels, ranging from Level 1 (a shortage up to 10%) to Level 6 a (shortage greater than 50%). The WSCP is designed to help the City manage supply reliability by proactively reducing water demand based on the severity of the shortage. Currently, the City is at Level 3, which reflects a shortage of 20.01% to 30%. This stage triggers enhanced efforts to promote ongoing Water Use Efficiency (WUE) programs and water saving tools.

Water Shortage Contingency Levels
A water shortage occurs when the projected water supply cannot meet the demand. The WSCP’s six standard levels are as follows:

Level Water Shortage Range
1 up to 10%
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2 10.01 to 20%
3 20.01 to 30%
4 30.01 to 40%
5 40.01 to 50%
6 greater than 50%
On July 3, 2024, the California State Water Resources Control Board adopted the “Making Conservation a California Way of Life” regulation, as mandated by the 2018 legislation bills SB 606 and AB 1668. The new regulation is intended to cultivate long-term water conservation practices that will help address California’s limited water supplies. The regulation changes the reduction requirements from the 2020 baseline and sets new, permanent water use budgets for California’s 400+ largest urban water retail suppliers, including the City of Glendora. The regulation requires that the water suppliers meet their Urban Water Use Objective (UWUO).

The UWUO, established by the State Water Board, is a formula which calculates the amount of water that the Water Board determines to be an efficient amount of water necessary for water suppliers to supply to their customers. Each water agency will have their own unique UWUO based on local population, indoor and outdoor water use, commercial and institutional water needs, and system losses. Compliance with the UWUO is required beginning in 2025.

The UWUO formula is included below, followed with an explanation of each of the water use factors considered:

UWUO = RI + RO + CII-DIM + Water Loss + Variances, Temporary Provisions and Bonuses  RI = Residential Indoor = Population x 365 x GPCD
Senate Bill 1157 was signed into law in September of 2022. The bill established Residential Indoor Standards that progressively become more efficient through 2030. Indoor residential water use is determined by multiplying the current permanent population by 365 days by the allowable gallons per capita per day (GPCD). The allowable GPCD is currently 55 gallons per capita per day. The GPCD will progressively reduce to 47 GPCD by 2025 and 42 GPCD by 2030.

Residential Indoor Gallons per Capita per Day
Timeframe GPCD Standard
Now – 2025 55
2025 – 2030 47
Beginning 2030 42
 RO = Residential Outdoor (gal/yr) = LAM x LEF x (ETo-Peff) x 0.62 The outdoor residential standard is a set of Landscape Efficiency Factors (LEF) for calculating efficient outdoor water use. An LEF is an aggregate (or supplier-level) factor that accounts for irrigation efficiencies and existing plant water needs. It varies per landscape type and year and is specific to locations. For example, hotter inland regions, like Glendora, will have a different LEF than cooler coastal regions. The LEF values are used to calculate the annual maximum allowed for outdoor residential water use (in gallons) for the aggregate area of all residential landscape types.

This maximum is referred to as the outdoor residential water budget. The LEF will decrease over time. For Glendora, the current LEF is 0.80 and will progressively decrease to 0.55 by 2040, ensuring efficient outdoor irrigation practices.

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Residential Outdoor Landscape Efficiency Factor
Timeframe LEF Standard
Now – 2035 0.8
2035 – 2040 0.63
Beginning 2040 0.55
To help determine the water agency’s outdoor residential water use budget, the Department of Water Resources (DWR) provided each water supplier Landscape Area Measurements (LAM) in 2021. This LAM data excluded parkways, vacant lots, open water sources, and agricultural areas over one acre. Updated LAM data that includes parkways, will be provided later.

Landscape Area Measurements include the following types: Irrigable-Irrigated (II), Irrigable-NotIrrigated (INI), Special Landscape Areas, and New and Rehabilitated Landscapes. o Irrigable-Irrigated Area is residential area of healthy vegetation where the vegetation appears to be in growth. The area is presumed to be maintained and managed through active irrigation, comprising an irrigated hydro-zone. Non-vegetative features may be included. The LEF standards will apply to these landscape areas. o Irrigable- Not-Irrigated Area is residential area that is not currently being irrigated, but was irrigated in the past, or may be managed with irrigation in the future. Twenty percent of Glendora’s square footage of Irrigable Not Irrigated area may be included in the outdoor residential water budget, until the data is updated.
o Special Landscape Area refers to residential pools, spas, and similar water features, residential areas dedicated solely to edible plants, and residential areas irrigated with recycled water, calculated in square feet. The standard for efficient residential outdoor use for residential special landscape areas shall be a LEF of 1.0. o New and Rehabilitated Landscapes are newly constructed residential landscapes subject to the State’s Model Water-Efficient Landscape Ordinance and shall have a LEF of 0.55.

The evapotranspiration rate (Eto) of cool season turfgrass is the loss of water from the soil and plant, and it is measured in inches per year. This data is provided annually by DWR. Peff is the effective precipitation in our area measured in inches per year. It is capped at 25% of total precipitation or a lower value generated by the Cal-SIMETAW model, which is a land surface model that specializes in estimating the evapotranspiration and applied water of various crops.

This data is also provided by DWR.
 CII DIM Commercial, Industrial, Institutional Dedicated Irrigation Meter (gal/yr) = [(DIM LADIM SLA) x LEF) + (DIM SLA x 1.0) x (ETo-Peff) x 0.62] Outdoor Commercial, Industrial, and Institutional (CII) water budgets are based on landscape area (LA) measurements of connections served by dedicated irrigation meters (DIMs). These areas may include special landscape areas (SLA) such as recreation areas, arboretums, and public pools.

The CII landscape areas have not yet been determined. The Department of Water Resources (DWR) is currently mapping water agencies CII landscape areas. This is expected to be completed in the next couple of years. Until then, agencies can choose to generate their own CII landscape area measurements or wait and utilize the dataset provided by DWR as a technical resource for measuring their CII landscape area. Suppliers must distinguish CII-Mixed Use Meters (MUMs) area from CII-Dedicated Irrigation Meters (DIMs) area. Starting July 1st, 2028, suppliers will use total Irrigated Irrigable (II) square footage for all DIMs. The CII-DIM LEF is proposed to decrease overtime. Beginning July 1, 2028, and through June 30, 2035, the standard for CII landscapes with DIMs shall be a landscape efficiency factor of 0.80. July 1, 2035, and through June 30, 2040, the standard shall be 0.63. Beginning July 1, 2040, the standard shall be a landscape efficiency factor of 0.45.

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CII-DIM Landscape Efficiency Factor
Timeframe LEF Standard
Now – 2035 0.80
2035 – 2040 0.63
Beginning 2040 0.45
 Best Management Practices
The regulations also require water agencies to offer best management practices (BMPs) to high water use customers of commercial, industrial and institutional (CII) accounts. BMPs include outreach, water efficiency rebates, landscape irrigation surveys, and water-efficiency programs aimed at reducing water consumption. Additionally, the regulations specify Performance Measures requiring all urban retail water suppliers re-classify all their CII accounts in accordance with Energy Star Portfolio Manager categories (plus four additional) by June 30, 2027. In addition, water agencies must identify all disclosable buildings in their service area, defined under section 1681 of Title 20 of the California Code of Regulations. Upon request from a building owner or the owner’s agent, the agency may provide meter and aggregate water use data.  Water Loss Budget = Water Loss Standard x Number of service connections x 365 The water loss standard is unique in that it was originally regulated under prior and independent 2015 legislation Senate Bill 555. Therefore, compliance can be enforced individually for water loss, unlike other standards within the Framework legislation. The water loss standard is the maximum allowable “real” water loss measured in gallons per connection per day for each supply system in an urban water supplier’s service area. The standards are intended to represent cost effective real water loss. Real losses can be defined as the volume of annual leakage due to physical water leakage in a supplier’s distribution system. The water loss standard is derived by entering a supplier’s system-specific validated baseline water loss audit data and other related data into the Water Loss Economic Model (Model) developed by the State Water Board. The Model calculates the water loss standard based on water use, system characteristics, and economic cost data.

The water loss standard is used to calculate the annual maximum allowed water loss volume (in gallons) per system. This maximum is referred to as the water loss budget. The water loss budget is determined by multiplying the water loss standard by the total number of water service connections by 365 days. Currently Glendora’s water loss standard is 17.1 gallons per connection per day. The first water loss standard compliance deadline is January 1, 2028, and will be assessed every three years after this deadline using an average of the previous three years’ real loss audit data.
 Variances, Temporary Provisions and Bonuses:

Variances, temporary provisions, and/or bonus incentives provide the ability to increase the UWUO or amount of potable water reuse, where applicable per supplier. Variances are defined as an additional volume of water that an urban retail water supplier may request to add to its UWUO for a unique use that has a material effect on a supplier’s urban water use objective. Variances may include number of livestock or dust control for horse corrals. Temporary provisions increase the UWUO to include additional water necessary to, for example, establish climate-ready trees. If requested and granted, a temporary provision will remain in the UWUO budget for up to 5 years.

An example of a bonus incentive might be if an urban retail water supplier delivers water from a groundwater basin, reservoir, or other source that is augmented by potable reuse water.

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In most cases, the associated water use, for any individual variance, must represent 5 percent or more of the UWUO budget to be counted. To receive approval for a variance, temporary provision or bonus, an urban retail water supplier must submit a request to the Board that includes information quantifying and substantiating each request, in a machine-readable format for review and approval by the Executive Director, or the Executive Director’s designee.

Glendora’s UWUO
Between now and 2040, Glendora will need to continually increase conservation measures resulting in a continued water use reduction. Based on the available data, Glendora will need to reduce its overall water use by approximately 32% in 2025 and 43% by 2040 to comply with its UWUO. In other words, the entire Glendora water service area would need to reduce its water consumption by 43% based on its average 2024-2026 consumption rate by 2040. It is critically important to know that this percentage reduction target does not yet factor in potential variances or additional water allocations for special landscape areas that are allotted more water than a typical landscape. In addition, it is based on old data (2017-2021) that does not include recent water use or updated data inputs such as population or the forthcoming State supplied CII landscape area measurements. As a result, the actual percent reduction target may change as updated data becomes available. The final reduction targets have yet to be determined.

Glendora will be using an alternative compliance pathway to meet the water reduction requirements. The alternative compliance pathway requires the supplier to develop and post to its public-facing website a plan that is designed to meet the UWUO by June 30, 2041, or a different date approved by Board staff.

The plan must demonstrate that the supplier has carefully analyzed the data used to calculate its urban water use objective, including, but not limited to, the data associated with variances and special landscape areas. The plan must additionally include efforts to increase support for disadvantaged communities, leverage regional and local partnerships to support the installation and maintenance of climate-ready landscapes, and keep trees healthy. In addition, the supplier must verify adherence to the G480 Water Conservation and Efficiency Program Operation and Management Standard established by the American Water Works Association. G480 outlines best practices for water conservation and efficiency programs.

The annual reports the supplier has submitted must show a water supplier is reducing its per capita urban water use by an average of no less than 2.0 percent per year, as shown by data from the reporting year and the immediately preceding two years, from its average per capita annual water use for the State fiscal years ending in 2024, 2025, and 2026.

Reporting Requirements
Urban retail suppliers, including Glendora, must calculate and comply with their UWUO by January 1, 2025, and every January 1st thereafter. Suppliers that exceed their UWUO may be required by the State to enact policies and programs to achieve water savings. Additional enforcement measures include potential fines assessed to the supplier as early as November 1, 2027.

FISCAL IMPACT
None.

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

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

A. Urban Water Use Objective Regulation
B. Presentation
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1 PROPOSED TEXT OF REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 1. Urban Water Use Efficiency Standards, Objectives, and Performance Measures
Adopt new section 965:
§ 965. Definitions
Definitions used in this Article:
(a) “Animal type-classes” (T) means major categories of animal types based on similar water use and animal weight.
(b) “Annual precipitation” means total annual precipitation, in inches per year. Annual precipitation will be updated annually by the Department and derived from Parameter-elevation Regressions on Independent Slopes Model data. (c) “Augmented Surface Water Reservoir” or “Augmented Reservoir” has the same meaning as “reservoir water augmentation” in section 13561 of the Water Code. (d) “Augmented Groundwater Basin” or “Augmented Basin” has the same meaning as “indirect potable reuse for groundwater recharge” in section 13561 of the Water Code.
(e) "Basin” means either a basin or subbasin as defined and delineated by bulletin 118, or as defined and delineated through an adjudication process. (f) “Board” means the State Water Resources Control Board. (g) “Budget” means the calculated volume of water for a discrete category of water use associated with efficiency standards, variances, or temporary provisions. (h) “Climate zones” means the California Energy Code climate zones as defined by zip code and listed in California Energy Commission Reference Joint Appendix JA2 (Title 24, Part 6, Section 100.1).
(i) “Climate-ready landscapes” are designed and maintained to reduce greenhouse gas emissions and weather more extreme conditions, save water, reduce waste, nurture soil, sequester carbon, conserve energy, reduce urban heat, protect air and water quality, and create habitat for native plants and pollinators. (j) “Collaboration and Coordination best management practices” means formalized operational and institutional arrangements, such as cooperative agreements among parties to streamline requirements, data collection, or implementation of best management practices by coordinating with necessary entities. (k) “Commercial, industrial, and institutional water user” means a CII water user meeting any of the definitions in Water Code section 10608.12 (f), (p) and (q). (l) “Crop-specific landscape area” means residential agricultural landscapes disaggregated by each crop or crop type grown within the supplier’s service area. (m) “Customer” has the same meaning as in section 10611.3 of the Water Code. (n) “Dedicated Irrigated Meter” (DIM) means a water meter that is operated and maintained by the supplier that exclusively measures the water a customer uses for irrigation.

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2 (o) “Department” means the Department of Water Resources. (p) “Direct Potable Reuse” (DPR) has the same meaning as in section 13561 of the Water Code. DPR does not require an environmental buffer. (q) “Direct potable reuse project” or “DPR project” has the same meaning as in California Code of Regulations, title 22, section 64669.05. (r) “Disclosable Building” has the same meaning as in section 1681 in California Code of Regulations, title 20.
(s) “Effective precipitation” (Peff) means 25 percent of total annual precipitation, or a lower value generated by the California Simulation of Evapotranspiration of Applied Water model if provided by the Department, in inches per year. (t) “ENERGY STAR Portfolio Manager” means the tool developed and maintained by the United States Environmental Protection Agency to track and assess building performance.
(u) “ENERGY STAR Portfolio Manager broad categories” means a superset of property types based on sector.
(v) “ENERGY STAR Portfolio Manager property types” means a subgroup of ENERGY STAR Portfolio Manager broad categories.
(w) “Equivalent Technologies” are technologies that are functionally equivalent to Dedicated Irrigation Meters in terms of accuracy and supplier access to the data. (x) “Existing CII water users” means CII water users served by the supplier on or before the effective date of sections 973, 974, and 975. (y) "Finished water" has the same meaning as in California Code of Regulations, title 22, section 64400.41.
(z) “High levels of Total Dissolved Solids” (TDS) means concentrations above 900 mg/L.
(aa) “Indirect Potable Reuse” (IPR) includes “Indirect potable reuse for groundwater recharge” and “reservoir water augmentation” as defined in section 13561 of the Water Code. IPR requires an environmental buffer, including a river, lake, reservoir, or a groundwater aquifer that is used as a source of drinking water. (bb) “Irrigable Irrigated Area” is residential area of healthy vegetation where the vegetation appears to be in growth, not senesced, and is foliated. The area is presumed to be maintained and managed through active irrigation, comprising an irrigated hydro-zone. Non-vegetative features may be included. (cc) “Irrigable Not Irrigated Area” is residential area that is not currently being irrigated, but was irrigated in the past, or may be managed with irrigation in the future.
(dd) “In-Lieu Technologies” are technologies that support landscape water use efficiency improvements by means other than the direct measure of water use.

They include but are not limited to the technologies identified in section 973. (ee) “LAcrop” means the landscape area for a crop grown on residential landscapes included in the Department’s agricultural land mask and associated with an account the supplier categorizes as residential, in square feet. (ff) “Landscape efficiency factor” (LEF) means a factor applied at the supplier-level that adjusts net reference evapotranspiration for plant factors and irrigation efficiency, two major influences upon the amount of water that is applied to the landscape.

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3 (gg) “Large landscapes” are Commercial, Industrial, and Institutional landscapes that are ½ acre in size or larger with Mixed-Use meters.
(hh) “Livestock” has the same meaning as in section 3080 of the Civil Code. (ii) “Low-impact development” means new development or redevelopment projects that employ natural and constructed features that reduce the rate of stormwater runoff, filter out pollutants, facilitate stormwater storage onsite, infiltrate stormwater into the ground to replenish groundwater supplies, or improve the quality of receiving groundwater and surface water.
(jj) “Mixed-Use Meter” (MUM) means a water meter that is operated and maintained by the supplier and that measures the volume of water a customer uses indoors and outdoors.
(kk) “Net reference evapotranspiration” or “Net ET0” is the difference between reference evapotranspiration and effective precipitation, in inches per year. (ll) “Net ET0 crop” means the net reference evapotranspiration for a supplier’s service area growing season, in inches per year.
(mm) “Newly constructed residential landscapes” (RLAnew) means landscapes that were added to a supplier’s service area in accordance with section 968 (e) after the time period captured by the residential landscape data released by the Department on December 6, 2023, or any subsequent update to the supplier’s residential landscape area pursuant to section 968 (b)(3).
(nn) "Newly constructed CII landscapes with DIMs" (DIM LAnew) means CII landscapes with DIMs that are added to a supplier's service area in accordance with section 969 (d)(2) after the most recent analysis a supplier conducts in accordance with section 969 (b)(2).
(oo) “Owner’s Agent” means a person with authorization from a building owner to act on behalf of the building owner.
(pp) “Plant factor” has the same meaning as in section 491. (qq) “Potable deliveries to residential properties and CII landscapes with DIMs” (DRLI) means the total potable volumes delivered to both residential properties and landscape irrigation, as reported to the Board pursuant to Health and Safety Code section 116530.
(rr) “Potable Reuse Water” includes water produced through both direct potable reuse and indirect potable reuse systems.
(ss) “Potable Reuse Volume” (VPR) is defined as the individual supplier’s volume of potable reuse water.
(tt) “Process water” has the same meaning as in section 10608.12 of the Water Code.
(uu) “Recycled water” means water produced by a wastewater treatment plant or water recycling treatment plant permitted to produce recycled water pursuant to California Code of Regulations, title 22.
(vv) “Reference evapotranspiration” or “ET0” has the same meaning as in section 491 and is expressed in inches per year. Reference evapotranspiration will be updated annually by the Department and derived from the California Simulation of Evapotranspiration of Applied Water model using Spatial California Irrigation Management Information System data.
(ww) “Residential agricultural landscapes” means the residential agricultural area, in square feet, released by the Department on December 6, 2023, or as later Item #11. Page 9
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4 updated by the Department. It is limited to land on which agricultural use is occurring and that is associated with a service connection the supplier categorizes as residential.
(xx) “Agricultural use” means “agricultural use” as defined in Government Code section 51201 (b), but does not include cleaning, processing, or other similar post-harvest activities.
(yy) “Residential landscape area” (RLA) means residential Irrigable Irrigated area plus approved Irrigable Not Irrigated area, in square feet. (zz) “Residential service area population” (P) means the service area population reported to the Board as “residential” pursuant to Health and Safety Code section 116530 and California Code of Regulations, title 22, section 64412. (aaa) “Residential special landscape area” (RSLA) means residential pools, spas, and similar water features, residential areas dedicated solely to edible plants, and residential areas irrigated with recycled water, in square feet. (bbb) “Service Connection” (C) has the same meaning as in Health and Safety Code section 116275.
(ccc) “Temporary provision” means an additional volume of water that an urban retail water supplier may request to add to its urban water use objective for a limited time for a specified beneficial use that will require less water over time. (ddd) “Turf” has the same meaning as in section 491.
(eee) “Total potable water production” (TPW) means all potable water that enters into a supplier’s distribution system, excluding water placed into storage and not withdrawn for use during the reporting period and excluding water exported outsider the supplier’s service area during the reporting period, as reported to the Board pursuant to Health and Safety Code section 116530. Total potable water production includes all non-revenue water, which has the same meaning as in section 638.1 and is equal to the sum of the supplier’s unbilled authorized consumption and apparent and real losses.
(fff) “Urban retail water supplier” or “supplier,” has the same meaning as in section 980.
(ggg) “Urban water use objective” (WUO) means an estimate of aggregate efficient water use for the previous year based on adopted water use efficiency standards and local service area characteristics for that year, as described in Water Code section 10609.20 and as calculated pursuant to section 966 (d). (hhh) “Variance” means an additional volume of water that an urban retail water supplier may request to add to its urban water use objective for a unique use that has a material effect on a supplier’s urban water use objective.

Authority: Sections 1058, 10609.2, and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Sections 3080, 4080, 4100, and 4100, Civil Code; Section 51201, Government Code; Section 116275 and 116530, Health and Safety Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, 10609.10, 10609.20, 10611.3, and 13561, Water Code.

Adopt new section 966:

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5 § 966. Urban Water Use Objectives
(a) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall calculate its urban water use objective and, beginning January 1, 2027, annually demonstrate compliance with its objective. (b) The calculation shall be based on the supplier’s water use conditions for the previous state fiscal year.
(c) The objective shall be composed of the sum of the following budgets:
(1) A budget for efficient indoor residential water use (Rindoor) as described in section 967.
(2) A budget for efficient outdoor residential water use (Routdoor) as described in section 968.
(3) A budget for efficient water use on commercial, industrial, and institutional landscapes with dedicated irrigation meters or equivalent technology (CIIDIM) as described in section 969.
(4) A budget for efficient real water losses (L) as described in section 970. (5) Budgets for any approved variances (V) and temporary provisions (Pr) as described in sections 967, 968, and 969.
(6) A bonus incentive for potable reuse (BPR) as described in section 971. (d) The formula for calculating a supplier’s urban water use objective (WUO), in gallons, is expressed mathematically as follows:

WUO = Rindoor + Routdoor + CIIDIM + L + V + Pr + BPR
(e) If any system owned and operated by a supplier is lacking the data needed to calculate the budgets described in subdivision (c)(1) through (4), that system shall be excluded from the overall objective calculation until the requisite data are obtained. The requisite data must be obtained no later than July 1, 2028, for use in the 2030 reporting year.
(f) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier, this section applies beginning five (5) years after the system meets the criteria to be considered a supplier or consolidates with a supplier. (g) Compliance with this section shall be assessed on the overall objective, not the individual budgets identified in subdivision (c), except for water loss, which shall also be assessed individually pursuant to section 981.
(h) If a supplier’s calculated objective-based total use is larger than its target-based total use, the supplier’s urban water use objective shall be its Water Code section 10608.20 individual target less excluded demands as described in paragraph (3). If the supplier’s section 10608.20 target is expressed in gallons per capita daily, the supplier shall multiply the target by its residential service area population for the reporting year and the number of days in the year.
(1) For purposes of this subdivision, objective-based total water use, in gallons, is the sum of excluded demands and the urban water use objective calculated pursuant to subdivision (c).
(2) For purposes of this subdivision, target-based total water use, in gallons, is a supplier’s individual Water Code section 10608.20 target plus demands not included in the target. Demands not included in the section 10608.20 target may include process water and recycled water.

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6 (3) Excluded demands are those values provided by the supplier to the Board pursuant to Health and Safety Code section 116530, for the following delivery categories: other; commercial and institutional; and industrial.
(4) Until June 30, 2040, this subdivision does not apply to any supplier that is achieving its Water Code section 10608.20 target on a regional basis but has not achieved its individual target.
(i) Notwithstanding subdivision (a), a supplier shall be considered in compliance with its objective provided all of the following are met:
(1) The median household income of the supplier’s service area is equal to or less than the median household income of California. The median household income of the supplier’s service area shall be the average for the three years preceding the year the supplier initially asserts compliance with its objective pursuant to this subdivision; (2) The supplier’s urban water use objective calculated by the supplier pursuant to subdivision (c), using the standards that apply July 1, 2040, would result in an objective that is 80 percent or less of the supplier’s average annual water use for the reporting categories identified in section 975 (d)(1)(D) for the state fiscal years ending in 2024, 2025, and 2026;
(3) The supplier develops, posts to its public-facing website, and implements a plan that is designed with the goal of achieving, by June 30, 2041, or a different date approved by Board staff, the supplier’s urban water use objective. The plan must additionally include efforts to keep trees healthy; and
(4) The annual reports the supplier has submitted pursuant to section 975 show that the supplier is reducing its per capita water use by an average of no less than 1.0 percent per year, as shown by data from the reporting year and the immediately preceding two years, from its average per capita annual water use for the state fiscal years ending in 2024, 2025, and 2026.
(j) Notwithstanding subdivision (a), a supplier shall be considered in compliance with its objective provided all of the following are met:
(1) The supplier’s urban water use objective, calculated pursuant to subdivision (c), using the standards that apply July 1, 2040, would result in an objective that is 70 percent or less of the supplier’s average annual water use for the reporting categories identified in section 975 (d)(1)(D) for the state fiscal years ending in 2024, 2025, and 2026;
(2) The supplier develops, posts to its public-facing website, and implements a plan that is designed with the goal of achieving, by June 30, 2041, or a different date approved by Board staff, the supplier’s urban water use objective. The plan must demonstrate that the supplier has carefully analyzed the data used to calculate its urban water use objective, including, but not limited to, the data associated with variances and special landscape areas. The plan must additionally include efforts to:
(i) Increase support for disadvantaged communities, as defined in title 22, section 64300 of the California Code of Regulations, and low-income households; (ii) Leverage regional and local partnerships to support the installation and maintenance of climate-ready landscapes; and
(iii) Keep trees healthy;
(3) The supplier verifies adherence to the G480 Water Conservation and Efficiency Program Operation and Management Standard established by the American Water Works Association; and
(4) The annual reports the supplier has submitted pursuant to section 975 show that the supplier is reducing its per capita urban water use by an average of no less than 2.0 Item #11. Page 12
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7 percent per year, as shown by data from the reporting year and the immediately preceding two years, from its average per capita annual water use for the state fiscal years ending in 2024, 2025, and 2026.
(k)(1) For the purposes of subdivisions (i) and (j):
(1) A supplier shall calculate average annual per capita water use by dividing the average annual demand for the reporting categories identified in section 975 (d)(1)(D) for the state fiscal years ending in 2024, 2025, and 2026, by the average annual residential service area population for the state fiscal years ending in 2024, 2025, and 2026, and by the days of the year; and
(2) A supplier shall calculate annual per capita water use for the reporting year and the immediately preceding two years by, for each year, dividing annual demand for the reporting categories identified in section 975 (d)(1)(D), by annual residential service area population, and by the days of the year.

Authority: Sections 1058, 10609.2, and 10609.20, Water Code.

References: Article X, Section 2, California Constitution; Section 3080, Civil Code; Section 51201, Government Code; Section 116530, Health and Safety Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10608.20, 10609.2, 10609.10, 10609.12, and 10609.27, Water Code.

Adopt new section 967:
§ 967. Indoor Residential Water Use Standard
(a) (1) Each year, a supplier shall calculate its budget for residential indoor water use (Rindoor), in gallons, by multiplying the applicable standard (Sindoor) described in Water Code section 10609.4, subdivision (a) by the supplier’s residential service area population (P), and by the number of days in the year. This formula is expressed mathematically as follows:

Rindoor = Sindoor × P × days in year
(2) For any reporting year that includes more than one standard, each applicable standard shall be multiplied by the number of days for which the standard applies pursuant to Water Code section 10609.4 that occur in the reporting period. (b)(1) An urban retail water supplier may, in calculating its urban water use objective, include budgets for variances identified in paragraph (2) for residential indoor use, if:
(A) The supplier submits supporting information meeting the criteria described in subdivision (e); and
(B) The associated water use, for any individual variance, represents 5 percent or more of the budget associated with the standard described in section 966 (c)(1). (2) Variances may be requested for water use associated with any of the following:
(A) Significant use of evaporative coolers
(B) Significant fluctuations in seasonal population.
(c) Variances available pursuant to subdivision (b) shall be calculated as follows:

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8 (1) A variance for water use associated with evaporative coolers (VEC) represents the volume of water evaporative coolers used on operating days. Operating days (NDAYS) are days when the average temperature in the supplier’s service area was greater than 78 degrees Fahrenheit for at least one hour. VEC shall be calculated by multiplying the number of evaporative coolers in the service area (NEC) by the number of operating days (NDAYS), the average daily evaporative cooler operating hours (HO), and the average daily evaporative rate (REC). This formula is expressed mathematically follows:

VEC = NEC × NDAYS × HO × REC
(A) The number of evaporative coolers in the service area (NEC) may be estimated based on a representative sample of customers meeting the criteria specified in paragraph (D). (B) The evaporative cooler operating hours (HO) may be a daily average based on a sample meeting the criteria specified in paragraph (D). A supplier shall use the service area average operating hours or the daily maximum operating hours, whichever is lower. (i) The service area wide average operating hours shall equal the average of all operating hours based on the sample.
(ii) The service area daily maximum operating hours shall equal the number of hours in a day when the temperature was above 78 degrees Fahrenheit within the supplier’s service area.
(C) The evaporative cooler evaporation rate (REC) may be a daily average based on a sample meeting the criteria specified in paragraph (D). REC, in gallons per hour, shall be calculated by multiplying the average air exchange rate of the evaporative cooler units within the supplier’s service areas (CFM), in cubic feet per minute, by the average daily difference in hourly wet and dry bulb temperatures (ΔTBulb), in degrees Fahrenheit, and by a representative efficiency rate of 80 percent. To convert the heat absorbed, in British Thermal Units, to the volume of water evaporated by the coolers, in gallons, that product shall be divided by 8700. This formula is expressed mathematically as follows:

The average air exchange rate of the evaporative cooler units within the supplier’s service areas (CFM) and the average daily difference in hourly wet and dry bulb temperatures (ΔTBulb) shall be calculated according to the Department’s Methods for Estimating Residential Cooler Water Consumption and Prevalence using Account-Level Water and Energy Consumption Data dated April 15, 2022, or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy.
(D) For the purposes of this section, the sample must represent at least 10,000 residential connections, or ten percent of residential connections, whichever is smaller. (2) A variance for water use associated with seasonal populations (VSP), in gallons, shall be calculated by multiplying the number of dwelling units associated with seasonal occupancy (NDU) by the occupancy rate (RO) and by the residential indoor use standard Item #11. Page 14
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9 for the given time period (Sindoor). This formula is expressed mathematically as follows:

VSP = NDU × Ro × Sindoor
(A) The number of dwelling units associated with seasonal occupancy (NDU) shall be calculated according to the Department’s Methods for Estimating Seasonal Populations with Water and Energy Data or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy.
(B) The occupancy rate (RO) shall be calculated by dividing the average number of seasonally occupied rooms (RS) by the average number of rooms occupied by permanent residents (RP) and multiplying the quotient by the average number of people per permanently occupied household (HP) and the average number of days households are seasonally occupied (SDAYS). This formula is expressed mathematically as follows:

The average number of days households are seasonally occupied (SDAYS) shall be calculated according to the Department’s Methods for Estimating Seasonal Populations with Water and Energy Data dated June 22, 2022, or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy.
(C) Notwithstanding subdivision (b)(1)(B), a supplier is eligible for the variance for water use associated with seasonal populations if the supplier uses detailed daily or hourly Advanced Metering Infrastructure (AMI) data to effectively identify dwelling units with seasonal population and the associated water use represents 1 percent or more of the budget associated with the standard described in section 966 (c)(1). If the supplier uses detailed daily or hourly AMI data, then the occupancy rate (RO) shall be calculated by multiplying the water used by seasonally occupied homes (WSO) by the supplier’s residential service area population (P) and dividing the product by the water used for permanently occupied homes (WPO). The quotient shall be multiplied by the average number of days households are seasonally occupied (SDAYS). This formula is expressed mathematically as follows:

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10 (d) An urban retail water supplier may request a temporary provision to respond to negative impacts to wastewater collection, treatment, and reuse systems, if the supplier shows to the satisfaction of the Board that meeting the objective pursuant to section 966 would require adhering to the applicable residential indoor standard identified in Water Code section 10609.4 and that meeting the budget for efficient residential indoor use is causing challenges within wastewater collection, treatment, and reuse systems. (e) In order to receive approval for a variance or a temporary provision, an urban retail water supplier must submit to the Board, in a machine-readable format for review and approval by the Executive Director, or the Executive Director’s designee, a request that includes information quantifying and substantiating each request; information demonstrating that the water applicable to the request is water delivered by the supplier; information verifying that the approval of the request would not jeopardize the ability of a permittee within the supplier’s service area to comply with existing permit requirements; and information describing and supporting the methodology the supplier will use to estimate the parameters described in subdivision (c), including the number of households sampled and the total number of residential connections, as reported to the Board pursuant to Health and Safety Code section 116530. (1) Approved variances or temporary provisions submitted between July 1 and October 1 may be included in the associated budget for the prior state fiscal year. (2) Approved variances or temporary provisions submitted between October 2 and June 30 may be included in the associated budget for the current state fiscal year. (3) Approved variances and temporary provisions may be included in the associated budget for up to five years. Variance and temporary provision approval constitutes approval of both methodology and data. Unless otherwise specified in section 975, a supplier may use the same data for each year or update the data annually in accordance with the approved variance or temporary provision methodology.

Authority: Sections 1058,10609.2, and 10609.20, Water Code.

References: Article X, Section 2, California Constitution; Section 51201, Government Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, 10609.4, and 10609.10, Water Code.

Adopt new section 968:
§ 968. Outdoor Residential Water Use Standard
(a) (1) Through June 30, 2035, the standard for efficient residential outdoor use (Soutdoor) shall be a landscape efficiency factor of 0.80.
(2) Beginning July 1, 2035, and through June 30, 2040, the standard for efficient residential outdoor use shall be a landscape efficiency factor of 0.63. (3) Beginning July 1, 2040, the standard for efficient residential outdoor use shall be a landscape efficiency factor of 0.55.
(4) The standard for efficient residential outdoor use for residential special landscape areas shall be a landscape efficiency factor of 1.0.
(5) The standard for newly constructed residential landscapes (Snew) shall be a landscape efficiency factor of 0.55.
(b) (1) Each year, an urban retail water supplier shall calculate its budget for efficient residential outdoor water use (Routdoor), in gallons, by multiplying the applicable standard (Soutdoor) described in subdivision (a) by the square footage of the most current available Item #11. Page 16
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11 residential landscape area (RLA) as described in subdivision (b)(2) or (b)(3), net reference evapotranspiration (Net ET0), and a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Routdoor = Soutdoor × RLA × Net ET0 × 0.62
(2) Until updated residential landscape area data are available pursuant to paragraph (3), residential landscape area shall be, for each supplier:
(A) (i) The supplier’s unique square footage of Irrigable Irrigated area released by the Department on December 6, 2023. After the effective date of this section, a supplier may adjust this value by adding the residential parkway area provided by the Department that the supplier has confirmed is associated with a residential service connection; or (ii) For a supplier that has not received residential landscape area data from the Department by the effective date of this section, the supplier’s unique square footage of Irrigable Irrigated area shall be what the Department first provides after this section takes effect.
(B) If the supplier’s actual urban water use for the reporting year, calculated in accordance with Water Code section 10609.22, is greater than the urban water use objective calculated pursuant to section 966 without inclusion of Irrigable Not Irrigated area, a supplier may include:
(i) Twenty percent of the supplier’s unique square footage of Irrigable Not Irrigated area released by the Department on December 6, 2023; or
(ii) For a supplier that has not received residential landscape area data from the Department by the effective date of this section, twenty percent of the supplier’s unique square footage of Irrigable Not Irrigated area first provided by the Department after this section takes effect.
(3) Residential landscape area shall be, for each supplier, the most current updated Irrigable Irrigated area:
(A) Provided by the Department;
(B) Updated by a supplier pursuant to paragraph (4); or (C) Provided by an entity other than the Department or a supplier according to the following criteria:
(i) The residential landscape area is generated as part of a transparent statewide analysis covering the service areas of all urban retail water suppliers; (ii) Developed with methodologies and procedures that have been demonstrated to the Department to be equivalent, or superior, in quality and accuracy, to those used by the Department to develop residential landscape area; and
(iii) Results in landscape area data that have been demonstrated to the Department to be equivalent, or superior, in quality and accuracy to the data released by the Department on December 6, 2023.
(4) A supplier may, for each reporting year, use an alternative data source for reference evapotranspiration, effective precipitation, or its Irrigable Irrigated area, if it demonstrates to the Department, in coordination with the Board, that the data are equivalent, or Item #11. Page 17
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12 superior, in quality and accuracy to the data provided by the Department. Alternative data pursuant to this paragraph shall be reported pursuant to section 975. (5) Notwithstanding subdivisions (b)(2) and (b)(3), a supplier may subtract landscape area that has been categorized as residential but that the supplier has identified as Commercial, Industrial, or Institutional (CII). If the area consists of CII landscapes with dedicated irrigation meters, it shall be included in a supplier’s objective pursuant to section 969.
(c) (1) Notwithstanding subdivision (b)(1), an urban retail water supplier may calculate its residential outdoor water use budget (Routdoor), in gallons, by subtracting the square footage of residential special landscape areas (RSLA) from the square footage of the most currently available residential landscape area (RLA) as defined in subdivision (b)(2) and multiplying the result by the applicable standard (Soutdoor) described in subdivision (a); then, by adding that value to the product of the standard for residential special landscape areas (SRSLA) as described in subdivision (a)(4) and the square footage of residential special landscape areas (RSLA); and lastly, by multiplying that sum by net reference evapotranspiration (Net ET0) and a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Routdoor = (Soutdoor × (RLA – RSLA) + SRSLA × RSLA) × Net ET0 × 0.62 (2) In order to calculate a residential outdoor budget pursuant to this subdivision, a supplier shall demonstrate to the Department, in coordination with the Board, that the landscape areas meet the definition specified in section 965 (aaa). Residential special landscape area data shall be reported pursuant to section 975, and, unless updated by a supplier pursuant to this paragraph, data approved by the Department may be included for up to five years.
(3) For the purposes of this subdivision, the square footage of existing pools, spas, and similar water features shall be either (A) the value released by the Department on December 6, 2023, or any updates thereafter, or (B) alternative data, if the supplier demonstrates to the Department, in coordination with the Board, that the data are equivalent, or superior, in quality and accuracy to the data provided by the Department. (d)(1) If not included as a variance pursuant to subdivision (g)(3), an urban retail water supplier may add to its residential outdoor budget calculated pursuant to subdivisions (b)(1) or (c)(1) the volume of water associated with residential agricultural landscapes.

The budget for residential outdoor water use associated with residential agricultural landscapes (RAg), in gallons, is calculated by multiplying a unit conversion factor of 0.62 by the standard for residential special landscape areas (SRSLA) described in subdivision (a)(4) and by the values provided by the Department for the following parameters: the square footage of residential agricultural landscapes (LAAg) and the net reference evapotranspiration for the aggregated growing seasons associated with the crops grown on residential agricultural landscapes (Net ET0 Ag). This formula is expressed mathematically as follows:

RAg = SRSLA × LAAg × Net ETO Ag × 0.62
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13 (e) (1) An urban retail water supplier may add to its residential outdoor budget calculated pursuant to subdivision (b)(1) or (c)(1) the volume of water associated with newly constructed residential landscapes. The budget for residential outdoor water use associated with newly constructed residential landscapes (Routdoor, new), in gallons, is calculated by multiplying the standard (Snew) described in subdivision (a)(5) by the square footage of the supplier’s newly constructed residential landscape area (RLAnew) as described in subdivision (e)(2), net reference evapotranspiration (Net ET0), and a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Routdoor, new = Snew × RLAnew × Net ET0 × 0.62
(2) The existence of newly constructed residential landscape area shall be demonstrated by using:
(i) Data from annual reporting required by section 495 (b)(6), provided the report has disaggregated newly constructed residential landscapes from the total landscape area reported;
(ii) On the ground measurements of newly constructed residential landscapes; or (iii) Measurements of newly constructed residential landscapes collected using accurate remote sensing methods.
(f)(1) An urban retail water supplier may annually, in calculating its urban water use objective, include budgets for variances for residential outdoor water use as follows:
(A) the supplier submits supporting information meeting the criteria described in subdivision (j).
(B) The associated water use must, for any individual variance identified in paragraph (2)(A) through (C), represent 5 percent or more of the budget associated with the standard described in section 966 (c)(2).
(C) The associated water use for the variances identified in paragraph (2)(D) and in section 969 (e)(2)(A), or the associated water use for the variance identified in paragraph (2)(E) and in section 969 (e)(2)(B), must represent 5 percent or more of the sum of the budgets associated with the standards described in section 966 (c)(2) and (3).
(2) Variances may be requested for water use associated with any of the following:
(A) Populations of horses and other livestock
(B Controlling dust on horse corrals or other animal exercise arenas (C) Irrigating agricultural landscapes that are within residential areas but have not been classified as irrigable irrigated by the Department
(D) Responding to emergency events, not including drought (E) Landscapes irrigated with recycled water containing high levels of TDS (F) Supplementing ponds and lakes to sustain wildlife as required by existing regulations or local ordinances
(G) Irrigating existing residential trees.
(g) Variances available pursuant to subdivision (f) shall be calculated as follows:
(1) A variance for water use associated with horses and other livestock (Vlivestock), shall be calculated as the sum of water allocations for each animal type-class (T). The water Item #11. Page 19
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14 allocation for an animal type-class shall be calculated by multiplying the daily water use of the animal type-class (VT), as specified in paragraphs (A) through (D), by the number of animals (NT), by the average number of days per year where water is provided to the animal type (DT). This formula is expressed mathematically as follows:
(A) For sheep, llama, donkey, swine, and other medium-sized livestock between 200 and 500 pounds, the daily water use shall be the lesser of 8 gallons of water per day per animal or the amount specified in section 697.
(B) For cattle, bulls, and other livestock greater than 500 pounds, the daily water use shall be 11 gallons of water per day per animal.
(C) For horses and mules, the daily water use shall be 13 gallons of water per day per animal.
(D) For milking cows, the daily water use shall be 16 gallons of water per day per animal. (2) A variance for water use associated with dust control on horse corrals or other animal exercise arenas (Vcorral) shall be calculated by multiplying the square footage of corrals or other animal exercise arenas (Acorral) by the number of days per year the corrals or other animal exercise arenas may be watered (NW) pursuant to paragraph (B), by 0.021 feet of water per water day, and then by 7.48 gallons per cubic foot. This formula is expressed mathematically as follows:

Vcorral = Acorral ×NW × 0.021 × 7.48
(A) The square footage of corrals or other animal exercise arenas in the supplier’s service area (Acorral) shall be either the value released as a separate corral dataset by the Department on December 6, 2023, or any updates thereafter, or alternative data, if the supplier demonstrates to the Department, in coordination with the Board, that the data are equivalent, or superior, in quality and accuracy to the data provided by the Department.
(B) The number of days per year that corrals or other animal exercise arenas (NW) may receive a water budget varies by climate zone as follows:
(i) For climate zones 1 through 5 and zone 7, corrals or other animal exercise arenas shall be watered no more than 2 days per week.
(ii) For climate zones 6, 8 through 10, 12, and 16, corrals or other animal exercise arenas shall be watered no more than 3 days per week.
(iii) For climate zones 11 and 13 through 15, corrals or other animal exercise arenas shall be watered no more than 4 days per week.
(vi) If a supplier’s service area spans multiple climate zones, the supplier shall, for the purposes of calculating this variance, use the climate zone that covers the majority of the supplier’s service area. A supplier may, upon a showing to the satisfaction of the Board, use the climate zone that covers the majority of the square footage of corrals or other animal exercise arenas within the supplier’s service area.

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15 (3) A variance for water used to irrigate residential agricultural landscapes (VAg) shall be calculated by multiplying a unit conversion factor of 0.62 by the values provided by the Department for the following parameters: the landscape efficiency factor (LEFAg) as described in paragraph (B), the square footage of residential agricultural landscapes (LAAg), and the net reference evapotranspiration for the aggregated growing seasons associated with the crops grown on residential agricultural landscapes (Net ET0 Ag). This formula is expressed mathematically as follows:

VAg = LEFAg × LAAg × Net ETO Ag × 0.62
(A) Notwithstanding subdivision (f)(1)(B), if a supplier is using crop-specific landscape area, then the supplier may, in calculating its residential outdoor budget, include an approved variance for water used to irrigate residential agricultural landscapes if the associated water use for this variance represents 1 percent or more of the budget associated with the standard described in section 966 (c)(2). A supplier using cropspecific landscape area shall calculate a variance for water used to irrigate residential agricultural landscapes (VAg) by multiplying the square footage of the landscape area used for each crop (LAcrop) by each crop’s unique efficiency factor (EFcrop) described in paragraph (C), by the net reference evapotranspiration associated with each crop’s growing season (Net ET0 crop), and by a unit conversion factor of 0.62; and then summing the products for each crop. This formula is expressed mathematically as follows:
(B) The landscape efficiency factor for residential agricultural landscapes (LEFAg) shall be the annual factor, calculated using data provided by the Department, as the average regional crop coefficient divided by the average regional irrigation efficiency. The average regional crop coefficient for the reporting year will be based on the most recent Statewide Crop Mapping dataset developed by the Department and the most recent crop coefficients identified in the Food and Agriculture Paper 24 or Paper 56 or the University of California Cooperative Extension Leaflet #21427 or Leaflet #21428. The irrigation efficiency shall be based on the Application Efficiency: Hydrologic Region 2010 values developed by the University of California (UC) Davis Water Management Research Group or a comparable tool.
(C) Each crop’s unique efficiency factor (EFcrop) shall be calculated as the crop coefficient divided by efficiency of the irrigation system associated with that specific crop in the supplier’s service area. The crop coefficient values shall be the most recent crop coefficients identified in the Food and Agriculture Paper 24 or Paper 56 or the University of California Cooperative Extension Leaflet #21427 or Leaflet #21428. The irrigation efficiency shall be based on the Application Efficiency: Hydrologic Region 2010 values developed by the UC Davis Water Management Research Group, or comparable tool, if the supplier demonstrates to the Department that the tool is equivalent, or superior, in quality and accuracy.

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16 (4) A variance for water used to respond to a state or local emergency declared in accordance with Government Code section 8558 (b) or 8558 (c), not including a drought, shall be equal to the volume of water used to respond to the emergency event. (A) To be eligible for this variance, a supplier shall provide a copy of the emergency declaration pursuant to Government Code section 8558 (b) or 8558 (c), official evacuation orders, official incident reports, a document describing or map showing impacted parcels, and records of the total volume of water used as part of the emergency response efforts.
(B) This variance shall not include water reported to the Board supporting a variance for unexpected adverse conditions pursuant to section 985.
(5)(A) A variance for the volume of water associated with landscapes irrigated with recycled water containing high levels of TDS (VHTDS) shall be calculated by multiplying the applicable landscape efficiency factor (LEFA) described in paragraph (i) or (ii) by the square footage of the landscape area irrigated with recycled water containing high levels of TDS (LAHTDS), by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

VHTDS=LEFA × LAHTDS × Net ET0 × 0.62
(i) The landscape efficiency factor (LEFA) for landscapes using recycled water with TDS concentrations between 900 and 1,600 milligrams per liter (mg/L) shall be calculated by multiplying 0.000371 by the difference between the TDS concentration, in mg/L, of the applied recycled water and 900. This formula is expressed mathematically as follows:

LEFA = 0.000371 × (Concentration of recycled water – 900) (ii) The landscape efficiency factor (LEFA) for landscapes using recycled water with concentrations of TDS equal to or above 1,600 mg/L shall be 0.26. (B) Notwithstanding subdivision (f)(1)(C), a supplier may include a variance for water used to irrigate landscapes with recycled water containing high levels of TDS for which the sum of the associated water use calculated pursuant to this paragraph and section 969 (e)(2)(B) represents 1 percent or more of the sum of budgets described in section 966(c)(2) and (c)(3), if the supplier is using detailed plant based leaching requirements.

A supplier using detailed, plant based leaching requirements shall calculate a variance for water used to irrigate landscapes with recycled water containing high levels of TDS (VHTDS) by subtracting one from the applicable landscape efficiency factor (LEFB) described below and multiplying the difference by the square footage of the landscape area irrigated with recycled water containing high levels of TDS (LAHTDS), net reference evapotranspiration (Net ET0), and a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

VHTDS= (LEFB - 1) × LAHTDS × Net ET0 × 0.62
(i) The landscape efficiency factor (LEFB) for recycled water applied via sprinkler systems shall be calculated by dividing the plant factor (PF) described in paragraph (iii) by the product of an irrigation efficiency factor of 0.75 and the difference between one and the plants’ leaching requirement (LR) described in paragraph (iv). This formula is expressed mathematically as follows:

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17 (ii) The landscape efficiency factor (LEFB) for recycled water applied via drip irrigation systems shall be calculated by dividing the plant factor (PF) as described in paragraph (iii) by the product of an irrigation efficiency factor of 0.81 and the difference between one and the plants’ leaching requirement (LR) as described in paragraph (iv). This formula is expressed mathematically as follows:
(iii) The plant factor shall be that of the lowest water-using plant that is present in at least 30 percent of the landscaped area.
(iv) The leaching requirement (LR) shall be equal to the salinity of the recycled water measured as electrical conductivity (ECiw), in dS/m, divided by the difference between the product of 5 and the plant’s salinity threshold measured as electrical conductivity (ECe), in dS/m, and the salinity of the recycled water measured as electrical conductivity (ECiw), in dS/m. ECiw shall be capped at the equivalent of 1,600 mg/L. This formula is expressed mathematically as follows:

𝐿𝑅 =
𝐸𝐶𝑖𝑤
(5 × 𝐸𝐶𝑒) − 𝐸𝐶𝑖𝑤
(C) Suppliers delivering recycled water with high levels of TDS for landscape irrigation shall only be eligible for the variance if the following conditions are met:
(i) The facility that produces the recycled water has completed annual volumetric reporting requirements consistent with the Water Quality Control Policy for Recycled Water;
(ii) The application of the recycled water complies with all applicable waste discharge requirements;
(iii) The application of the recycled water does not violate the terms of the applicable salt or nutrient management plan;
(iv) The application of the recycled water adheres to the Board’s Anti-Degradation Policy, Board Resolution No. 68-16, or any update thereto. (6) A supplier may include a variance for water use associated with ponds and lakes for sustaining wildlife, if the pond or lake is required to be maintained by regulation or local ordinance. A variance for water associated with ponds or lakes required to be maintained by regulation or local ordinance (Vwildlife) shall be calculated by multiplying 1.1 by the square footage of applicable ponds and lakes, by reference evapotranspiration less annual precipitation, and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Vwildlife=1.1 × Ponds and Lakes Area × (ET0 – Annual Precipitation) × 0.62 (A) A supplier may, for each reporting year, use an alternative data source for annual precipitation, if it demonstrates to the Department, in coordination with the Board, that Item #11. Page 23
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18 the data are equivalent, or superior, in quality and accuracy to the data provided by the Department. Alternative data pursuant to this paragraph shall be reported pursuant to section 975.
(7)(A) Beginning July 1, 2040, a supplier may include a variance for water use associated with the irrigation of existing residential trees. This variance (VR-trees), in gallons, shall be calculated by multiplying the square footage of existing residential trees (AR-trees), by 0.08, by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

VR-trees = AR-trees × 0.08 × Net ET0 × 0.62
(B) The square footage of existing residential trees (AR-trees) shall be the square footage of existing residential tree canopy coverage within the supplier’s residential landscape area, as described in subdivisions (b)(2) and (3). A supplier must describe and substantiate how the square footage of existing tree canopy was quantified. (C) A supplier shall only be eligible for the variance for existing residential trees if the following conditions are met:
(i) The supplier submits to the Board an analysis that quantifies the irrigation needs of existing trees and evaluates how those needs are being met. The analysis shall be based on an inventory of existing trees within the supplier’s service area. The inventory must include detailed tree data including but not limited to tree species and tree diameter at breast height for at least 10 percent of trees, or a statistically valid sample. The analysis and inventory must be prepared or validated by a credentialed or certified urban forester or certified arborist.
(ii) The supplier submits to the Board an analysis demonstrating that meeting its water use objective pursuant to section 966 would require adhering to the residential outdoor standard identified in section 968 (a)(3) and that meeting the budget for efficient residential outdoor use would unavoidably and adversely affect tree health. The analysis must also demonstrate that the supplier cannot meet its water use objective pursuant to section 966 by first taking, incentivizing, or causing other feasible actions, such as the conversion of high-water use landscapes to climate-ready landscapes. (iii) The supplier submits, as an attachment to its annual report required by section 975(a), a link to, or an electronic copy of, the urban forest management plan or plans covering the supplier’s service area and a description of efforts to prioritize water for existing residential trees, as described in subdivision (j); leverage regional and local partnerships to support the installation and maintenance of climate-ready landscapes; and expand green infrastructure, such as swales or rain gardens, to help meet tree irrigation needs.
(h)(1) An urban retail water supplier may, in calculating its annual urban water use objective, include budgets for temporary provisions for residential outdoor use if the supplier submits supporting information meeting the criteria described in subdivision (j).

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19 (2) Temporary provisions may be requested for water use associated with any of the following:
(A) The planting of new, climate-ready trees
(B) The establishment of qualifying landscapes.
(i) Temporary provisions available pursuant to subdivision (h) shall be calculated as follows:
(1) A temporary provision for the volume of water associated with planting climate-ready trees (Prtrees) shall be calculated by multiplying the number of newly planted climateready trees (Ntrees) by 4 square feet, by the number of days per year the newly planted climate-ready trees may be watered (NW) pursuant to paragraph (C), by 0.85, by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Prtrees=(Ntrees × 4) × NW × 0.85 × Net ET0 × 0.62
(A) A climate-ready tree is a tree that can be reasonably expected to survive both present and future climatic challenges such as heat, drought, extreme weather events, and pests within the supplier’s service area. Each newly planted climate-ready tree is assumed to occupy 4 square feet.
(B) A temporary provision for the volume of water associated with planting climate-ready trees applies for three years, starting with the fiscal year in which the trees were planted. (C) The number of days per year that newly planted climate-ready trees (NW) may receive a water budget varies by climate zone as follows:
(i) For climate zones 1 through 5 and zone 7, no more than 2 days per week. (ii) For climate zones 6, 8 through 10, 12, and 16, no more than 3 days per week. (iii) For climate zones 11 and 13 through 15, no more than 4 days per week. (vi) If a supplier’s service area spans multiple climate zones, the supplier shall, for the purposes of calculating this temporary provision, use the climate zone that covers the majority of the supplier’s service area.
(2) A temporary provision for the volume of water associated with the establishment of qualifying landscapes (Prland) as described in paragraph (A), shall be calculated by multiplying the square footage of the qualifying landscapes (LAland) by 0.85, by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Prland=LAland × 0.85 × Net ET0 × 0.62
(A) Qualifying landscapes are those that require temporary irrigation and are associated with at least one of the following: low-impact development, ecological restoration, and mined-land reclamation projects.
(B) A temporary provision for water for the establishment of qualifying landscapes applies for three reporting periods, starting with the fiscal year in which irrigation of the qualifying landscape begins.
(j) In order to receive approval for either a variance or a temporary provision, an urban retail water supplier must submit to the Board in a machine-readable format for review Item #11. Page 25
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20 and approval by the Executive Director, or the Executive Director’s designee, a request that includes information quantifying and substantiating each request; information demonstrating that the water applicable to the request is water delivered by the supplier; information verifying that the approval of the request would not jeopardize the ability of a permittee within the supplier’s service area to comply with existing permit requirements; information describing and supporting the methodology the supplier will use to estimate the parameters described in section 968 (f) and 968 (h); and a description of efforts to prioritize water for existing trees, including, but not limited to service-area wide rebate, direct install, and educational programs focused on transitioning to irrigation systems that promote deep and healthy root growth. Such irrigation systems include but are not limited to soaker hoses, deep drip watering stakes, drip tubing, and emitters. (1) Approved variances or temporary provisions submitted between July 1 and October 1 may be included in the associated budget for the prior state fiscal year. (2) Approved variances or temporary provisions submitted between October 2 and June 30 may be included in the associated budget for the current state fiscal year. (3) Approved variances and temporary provisions may be included in the associated budget for up to five years. Variance and temporary provision approval constitutes approval of both methodology and data. Unless otherwise specified in section 975, a supplier may use the same data for each year or update the data annually in accordance with the approved variance or temporary provision methodology.

Authority: Sections 1058 and 10609.2, Water Code.

References: Article X, Section 2, California Constitution; Section 3080, Civil Code; Sections 8558 and 51201, Government Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.6, Water Code.

Adopt new section 969:
§ 969. Standard for outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with commercial, industrial, and institutional (CII) water use.
(a) (1) Through June 30, 2028, an urban retail water supplier’s budget for commercial, industrial, and institutional landscapes with dedicated irrigation meters (SDIM) shall be the supplier’s actual deliveries associated with landscape irrigation reported to the Board pursuant to Health and Safety Code section 116530.
(2) Beginning July 1, 2028, and through June 30, 2035, the standard for CII landscapes with DIMs (SDIM) shall be a landscape efficiency factor of 0.80. (3) Beginning July 1, 2035, and through June 30, 2040, the standard for CII landscapes with DIMs (SDIM) shall be a landscape efficiency factor of 0.63. (4) Beginning July 1, 2040, the standard for CII landscapes with DIMs (SDIM) shall be a landscape efficiency factor of 0.45.
(5) For CII landscapes with DIMs that are special landscape areas, the standard (SDIM SLA) shall be a landscape efficiency factor of 1.0. The SDIM SLA shall be applied to CII landscapes with DIMs that are special landscape areas as defined in section 491 as well as CII landscapes with DIMs that are any of the following:
(A) Slopes designed and constructed with live vegetation as an integral component of stability;
(B) Ponds or lakes receiving supplemental water for purposes of sustaining wildlife, recreation, or other public benefit, excluding water reported to the Board supporting a Item #11. Page 26
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21 variance for ponds and lakes for sustaining wildlife required to be maintained by regulation or local ordinance;
(C) Plant collections, botanical gardens, and arboretums; (D) Public swimming pools and similar recreational water features; (E) Cemeteries built before 2015; and
(F) Landscapes irrigated with recycled water.
(6) The standard for newly constructed CII landscapes with DIMs shall be a landscape efficiency factor of 0.45.
(b) (1) Beginning July 1, 2028, an urban retail water supplier shall calculate its budget for commercial, industrial, and institutional landscapes with dedicated irrigation meters (CIIDIM), in gallons, by multiplying the applicable standard (SDIM) described in subdivision (a) by the measured total square footage of the irrigated area of CII landscapes with DIMs (DIM LA), by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

CIIDIM = SDIM × DIM LA × Net ET0 × 0.62
(2) No later than July 1, 2028, and periodically thereafter, a supplier shall quantify the measured total square footage of the irrigated area of CII landscapes with DIMs (DIM LA) and describe and substantiate how that area was quantified. Annual updates shall include the square footage of large landscapes that have had DIMs installed in accordance with section 973.
(3) A supplier may, for each reporting year, use alternative data sources for reference evapotranspiration and effective precipitation if the supplier demonstrates to the Department, in coordination with the Board, that the data are equivalent, or superior, in quality and accuracy to the data provided by the Department. The alternative data shall be reported pursuant to section 975.
(c) (1) Notwithstanding subdivision (b)(1), if an urban retail water supplier delivers water to commercial, industrial, and institutional landscapes with dedicated irrigation meters that are special landscape areas, the supplier may calculate its budget for CII landscapes with DIMs as follows: Subtract the square footage of CII landscapes with DIMs that are special landscape areas (DIM SLA) from the total area of CII landscapes with DIMs (DIM LA). Then multiply the result by the applicable standard for CII landscapes with DIMs (SDIM) described in subdivision (a). Add that value to the product of the standard for CII landscapes with DIMs that are special landscape areas (SDIM SLA) described in subdivision (a)(4) and the square footage of CII landscapes with DIMs that are special landscape areas (DIM SLA). Then, multiply that sum by net reference evapotranspiration (Net ET0) and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

CIIDIM = ((SDIM × (DIM LA – DIM SLA)) + (SDIM SLA ×DIM SLA)) × Net ETO × 0.62 (2) In order to calculate the budget pursuant to this subdivision, a supplier may demonstrate to the Department, in coordination with the Board, that the landscape areas meet the definition specified in subdivision (a)(5). Special landscape area data shall be Item #11. Page 27
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22 reported pursuant to section 975, and, unless updated pursuant to this paragraph, approved data may be included for up to five years.
(d) (1) Beginning July 1, 2028, an urban retail water supplier may add to its budget for commercial, industrial, and institutional landscapes with dedicated irrigation meters (CIIDIM) calculated pursuant to (b)(1) or (c)(1) the volume of water associated with CII landscapes with DIMs that are newly constructed landscapes. The budget for CII landscapes with DIMs that are newly constructed landscapes (CDIM, new), in gallons, is calculated by multiplying the standard (SDIM-new) described in subdivision (a)(6) by the square footage of newly constructed CII landscapes with DIMs (DIM LAnew), by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

CIIDIM, new = SDIM-new × DIM LAnew × Net ET0 × 0.62
(2) The existence of newly constructed CII landscapes with DIMs shall be demonstrated by using:
(A) Data from annual reporting required by section 495(b)(6), provided the report has disaggregated newly constructed CII landscapes with DIMs from the total landscape area reported,
(B) On the ground measurements of newly constructed CII landscapes with DIMs, or (C) Measurements of newly constructed CII landscapes with DIMs collected using accurate remote sensing methods.
(e) (1) An urban retail water supplier may annually, in calculating its urban water use objective, include budgets for variances for water use on commercial, industrial, and institutional landscapes with dedicated irrigation meters, if the supplier submits supporting information meeting the criteria described in section 968(j), and, for the variances identified in (2)(A) and (2)(B), the associated water use meets the applicable criteria specified in section 968(f)(1)(C) or section 968(g)(5)(B). (2) Variances may be requested for water use associated with any of the following:
(A) Responding to emergency events, not including drought (B) Irrigating landscapes with recycled water containing high levels of TDS (C) Supplementing ponds and lakes to sustain wildlife as required by existing regulations or local ordinances
(D) Irrigating existing trees on CII landscapes with DIMs. (f) Variances available pursuant to subdivision (e) shall be calculated as follows:
(1) A variance for water used to respond to a state or local emergency, not including a drought, shall be calculated in the manner described in section 968(g)(4). (2) A variance for water used for landscapes irrigated with recycled water containing high levels of TDS shall be calculated in the manner described in section 968(g)(5). (3) A variance for water used to supplement ponds and lakes to sustain wildlife as required by existing regulations or local ordinances shall be calculated in the manner described in section 968(g)(6).

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23 (4)(A) Beginning July 1, 2040, a supplier may include a variance for water use associated with the irrigation of existing trees on CII landscapes with DIMs. The variance (VCII-trees) for water used to irrigate existing trees on CII landscapes with DIMs, in gallons, shall be calculated by multiplying the square footage of existing trees (ACII-trees) by 0.18, by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62.

This formula is expressed mathematically as follows:

VCII-trees = ACII-trees × 0.18 × Net ET0 × 0.62
(B) The square footage of existing trees on CII landscapes with DIMs (ACII-trees) shall be the square footage of existing tree canopy coverage within the square footage of CII landscapes with DIMs calculated pursuant to subdivision (b)(2). A supplier must describe and substantiate how the square footage of existing tree canopy was quantified. (C) A supplier shall only be eligible for this variance if the conditions described in section 968(g)(7)(C) are met for existing trees on CII landscapes with DIMs, except that the supplier must substantiate that meeting its water use objective pursuant to section 966 would require adhering to the outdoor standard identified in section 969(a)(3) and that meeting the budget for efficient outdoor use on CII landscapes with DIMs would unavoidably and adversely affect tree health. The analysis must also demonstrate that the supplier cannot meet its water use objective pursuant to section 966 by first taking, incentivizing, or causing other feasible actions, such as the conversion of high-water use landscapes to climate-ready landscapes.
(g)(1) An urban retail water supplier may annually, in calculating its urban water use objective, include budgets for temporary provisions for water use on commercial, industrial, and institutional landscapes with dedicated irrigation meters if the supplier submits supporting information meeting the criteria described in section 968(j). (2) Temporary provisions may be requested for water use associated with any of the following:
(A) Planting new, climate-ready trees
(B) Establishing qualifying landscapes, as defined in section 968(i)(2)(A). (h) Temporary provisions available pursuant to subdivision (g) shall be calculated as follows:
(1) A temporary provision for the planting of new, climate-ready trees shall be calculated in the manner described in section 968(i)(1).
(2) A temporary provision for water used for the establishment of qualifying landscapes that require temporary irrigation shall be calculated in the manner described in section 968(i)(2).

Authority: Sections 1058 and 10609.2, Water Code.

Item #11. Page 29
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24 References: Article X, Section 2, California Constitution; Section 51201, Government Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, 10609.8, and 10609.9, Water Code.

Adopt new section 970:
§ 970. Water Loss
(a) Suppliers shall calculate system-specific standards for real water loss pursuant to section 982.
(b) (1) Each year, suppliers that own and operate a single system shall calculate their water loss budget (Bwater loss), in gallons, by multiplying the applicable water loss standard (Swater loss) calculated pursuant to section 982 by the number of days in the year, and, depending on the units associated with the standard calculated pursuant to section 982, by either the number of total service connections (C) or the length of the distribution system, in miles (M). These formulas are expressed mathematically as follows:

Bwater loss = Swater loss × C × days in the year
OR
Bwater loss = Swater loss × M × days in the year
(2) Suppliers that own and operate multiple systems shall calculate an aggregate annual water loss budget (SBwater loss) as described in paragraph (1) for each system and then by summing the estimated efficient water loss budgets associated with each system. This formula is expressed mathematically as follows, with Bwater loss for system (i) referring to the water loss budget for system i in the set of all the systems owned and operated by the supplier (i is the summation index):
(c) Prior to a supplier’s initial compliance deadline specified in section 981, the supplier’s water loss budget may, alternatively, be equal to its previous year’s real water losses reported in its annual water loss audit submitted to the Department pursuant to Water Code section 10608.34 (c).

Authority: Sections 1058 and 10609.2, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10608.34, 10609.2, and 10609.12, Water Code.

Adopt new section 971:

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25 § 971. Bonus Incentive
(a) If an urban retail water supplier delivers water from a groundwater basin, reservoir, or other source that is augmented by potable reuse water, the supplier may add a bonus incentive to its objective. The bonus incentive shall be calculated pursuant to subdivision (b), in accordance with one of the following:
(1) If the potable reuse water is produced at an existing facility as defined in Water Code section 10609.20(d)(4), the bonus incentive shall not exceed 15 percent of the sum of the budgets described in section 966(c)(1) through (5). (2) For potable reuse water produced at all other facilities, the bonus incentive shall not exceed 10 percent of the sum of the budgets described in section 966(c)(1) through (5). (b) The bonus incentive shall be calculated by multiplying the urban retail water supplier’s potable reuse volume (VPR), in gallons, calculated in accordance with any combination of paragraphs (1), (2), or (3), depending on where the potable reuse water is obtained, by the portion of total potable water production (TPW) delivered to residential and landscape irrigation connections (DRLI) for the reporting year. This formula is expressed mathematically as follows:
(1) A supplier shall calculate the volume of potable reuse water obtained from a groundwater source (VPRG) by dividing the product of the loss factor for groundwater recharge and recovery (LFG) and the volume of potable recycled water recharging the groundwater basin (R) by total groundwater basin extractions (VBP). The quotient is then multiplied by the supplier's groundwater basin extraction (VG). The formula is expressed mathematically as follows:

The loss factor for groundwater recharge and recovery (LFG) shall be calculated according to the Department’s Recommendations for Bonus Incentive Methods of Calculation and Supporting Data Requirements, dated September 22, 2022, or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy. (2) A supplier shall calculate the volume of potable reuse water obtained from an augmented reservoir source (VPRS) by dividing the product of the loss factor for evaporation and seepage (LFS) and the volume of potable recycled water augmenting the reservoir (A) by the total volume of water produced from the augmented reservoir (VSWP). The quotient is then multiplied by the volume of water the supplier produced from the augmented reservoir (VSW). The formula is expressed mathematically as follows:

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26 (3) A supplier shall calculate the volume of potable reuse water obtained from a Direct Potable Reuse project (VPRD) by multiplying the volume of finished water produced from the DPR project (VFIN-DPR) by the fraction (F) of water the supplier derived from the facility producing the finished water. The formula is expressed mathematically as follows:

𝑉𝑃𝑅𝐷 = 𝑉𝐹𝐼𝑁−𝐷𝑃𝑅 × 𝐹
Authority: Sections 1058 and 10609.20, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, 10609.20, and 10609.21, Water Code.

Adopt new section 972:
§ 972. Performance Measures: Commercial, Industrial, and Institutional classification system
(a) Each urban retail water supplier shall annually classify each commercial, industrial, and institutional water user, based on the end-use of water for the water user, in accordance with ENERGY STAR Portfolio Manager’s broad categories. (b) In addition to ENERGY STAR Portfolio Manager’s broad categories, each supplier shall identify every CII water user associated with:
(1) CII laundries
(2) Landscapes with Dedicated Irrigation Meters
(3) Water recreation
(4) Car wash. For every CII water user associated with a car wash for which the car wash accounts for the majority of that water user’s water use, the supplier shall also identify the water user’s ENERGY STAR Portfolio Manager property type. (c) Each supplier shall classify its existing CII water users by June 30, 2027. By June 30, 2028 and thereafter, the supplier shall maintain, for each reporting year, at least a 95 percent classification rate of all its CII water users. (d) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier, this section applies beginning five (5) years after the system meets the criteria to be considered a supplier or consolidates with a supplier.

Authority: Sections 1058 and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.10, Water Code.

Adopt new section 973:

Item #11. Page 32
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27 § 973. Threshold for converting Commercial, Industrial, and Institutional landscapes with mixed meters to Dedicated Irrigation Meters or employing in-lieu water management technologies
(a) Each urban retail water supplier shall either:
(1) By June 30, 2027, identify all existing commercial, industrial, and institutional (CII) water users associated with large landscapes; or
(2) By June 30, 2029, identify all existing CII water users associated with a large landscape and for which estimated outdoor water use exceeds the water budget calculated pursuant to subdivision (c)(1).
(b)(1) For existing CII water users identified pursuant to subdivision (a), a supplier shall either install dedicated irrigation meters (DIMs) or employ at least one of the in-lieu technologies from paragraph (2) and offer the best management practices (BMPs) from paragraph (3).
(2) In-lieu technologies include:
(A) Water budget-based management program without a rate structure (B) Water budget-based rate structures
(C) Installation of technologies that enables the supplier to identify, estimate, and analyze outdoor water use, which may include but is not limited to Advanced Metering Infrastructure
(D) Use of technologies that enable suppliers to identify, estimate, and analyze outdoor water use, which may include but are not limited to remote sensing (E) Other in-lieu technologies that enable suppliers to identify, estimate, and analyze water use or improve outdoor water use efficiency, subject to Board approval. (3) Best management practices include, at a minimum, one BMP from section 974(f)(1) and at least two BMPs identified in section 974 (f)(3), including (B) and (C). (c)(1) A supplier that calculates a budget for commercial, industrial, and institutional water users associated with large landscapes (CIIMUM) pursuant to subdivision (a)(2) shall do so by multiplying the area of those landscapes (LALL) by net reference evapotranspiration (Net ET0), by 0.63 or, for Special Landscape Areas, 1.0, and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

CIIMUM = LALL × Net ET0 × (0.63 or, for Special Landscape Areas, 1.0) × 0.62 (2) For purposes of this section, the area of the landscapes (LALL) shall include only CII water users associated with large landscapes and shall be quantified and substantiated by the supplier using data generated by the Department. (3) Notwithstanding paragraph (2), a supplier may use data that it has demonstrated to the Department, in coordination with the Board, to be equivalent or superior in quality and accuracy.
(d)(1) By June 30, 2039, a supplier shall have either installed dedicated irrigation meters (DIMs) on, or employed in-lieu water technologies for and offered BMPs to, all the water users identified pursuant to subdivision (a). By June 30, 2040 and thereafter, the supplier shall either have installed a DIM on, or employed in-lieu water technologies for and offered BMPs to, at least 95 percent of all commercial, industrial, and institutional Item #11. Page 33
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28 (CII) water users associated with large landscapes, as assessed on a reporting year basis.
(e) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier, this section applies beginning fifteen (15) years after the system meets the criteria to be considered a supplier or consolidates with a supplier.

Authority: Sections 1058 and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.10, Water Code.

Adopt new section 974:
§ 974. Commercial, Industrial and Institutional water use best management practices for customers that exceed a recommended size, volume of water use, or other threshold
(a) By June 30, 2024, or the effective date of this section, whichever comes later, each supplier shall identify the disclosable buildings in its service area. In identifying the disclosable buildings within its service area, a supplier shall use the list of disclosable buildings the California Energy Commission has made available on its public website pursuant to California Code of Regulations, title 20, section 1683. (b) For a building that meets the definition of a disclosable building in section 1681 of the California Code of Regulations at title 20, a supplier shall, upon the building owner or Owner’s Agent request, complete the following:
(1) For each meter, deliver the last four characters of the meter serial number serving the building.
(2) For each meter, aggregate water use data, in monthly intervals, for at least the previous year, by one of the following methods:
(A) A supplier not using ENERGY STAR Portfolio Manager’s Data Exchange Services shall send the data to the building owner or Owner’s Agent using the template provided by ENERGY STAR Portfolio Manager or in a format compatible with the template. (B) Suppliers using ENERGY STAR Portfolio Manager’s Data Exchange Services shall provide the data by direct upload to the building owner’s or Owner’s Agent’s ENERGY STAR Portfolio Manager account, or, at the building owner’s or Owner’s Agent’s request, send the data to the building owner or Owner’s Agent using the template provided by ENERGY STAR Portfolio Manager or in a format compatible with the template. (c) Each supplier shall identify CII water users according to one of the following paragraphs (1), (2), or (3):
(1) By June 30, 2025, identify:
(A) Existing CII water users at or above the 97.5
th percentile for CII water use; and
(B) Existing CII water users at or above the supplier’s 80th percentile for CII water use. (2) By June 30, 2027, identify:
(A) Existing CII water users at or above the supplier’s 97.5th percentile for CII water use; and
(B) Existing CII water users at or above the supplier’s 80th percentile for water use in each of the classification categories described in section 972.

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29 (3) By June 30, 2029, identify existing CII water users that appear to be inefficient according to key business activity indicators (KBAI) the supplier has developed for the classification categories described in section 972. A supplier may also develop KBAIs for the specific ENERGY STAR Portfolio Manager property types. (d) For the water users identified pursuant to (c)(1)(A) or (c)(2)(A), a supplier shall design, and implement pursuant to subdivision (h), a conservation program that includes at least two of the best management practices from each of paragraphs (1) through (5) in subdivision (f).
(e) For the water users identified pursuant to (c)(1)(B), (c)(2)(B), or (c)(3), a supplier shall design, and implement pursuant to subdivision (h), a conservation program that includes at least one of the best management practices from each of paragraphs (1) through (5) in subdivision (f).
(f) (1) Outreach, Technical Assistance, and Education best management practices. (A) Direct contacts via site visits or phone calls
(B) Informative or educational bill inserts
(C) Conducting workshop or developing training videos
(D) Webpage portals to access information, tools, and rebates (E) Cost-effectiveness analysis tools
(F) Commercials or advertisements
(G) Grass roots marketing
(H) Community based social marketing
(I) Other CII-best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (2) Incentive best management practices.
(A) Rebates and cost-sharing for replacing inefficient fixtures, equipment, irrigation systems or landscapes with water efficient ones
(B) Certification or branding programs that recognize customers as water efficient (C) Incentives for technologies that enable customers to identify, measure, and analyze indoor and outdoor water use
(D) Other CII-best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (3) Landscape best management practices.
(A) Landscape and irrigation management practices to promote improved water use efficiency
(B) Irrigation system inspections, audits, or surveys
(C) Training or guidance on irrigation scheduling and maintenance (D) New development landscape inspection, workshops, and training (E) Programs to remove turf and replace it with climate-ready vegetation (F) Programs to decrease urban heat and reduce turf water use by planting trees (G) Programs to install green infrastructure such as swales or rain gardens that offset irrigation needs
(H) Other CII-best management practices derived from additional innovation and technology advancement that can be used by suppliers, subject to Board approval (4) Collaboration and coordination best management practices.

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30 (A) Coordination with “green” building certification or recognition programs to promote water use efficiency
(B) Coordination with land use authorities to check new landscapes design and implementation
(C) Collaboration with non-governmental organizations on outreach and education (D) Collaboration with municipal arborists and tree planting organizations to expand and maintain urban forests
(E) Collaboration with stormwater agencies to install green infrastructure such as swales or rain gardens to also offset irrigation needs
(F) Other CII-best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (5) Operational best management practices.
(A) Infrastructure changes (for example, smart meter replacement programs) (B) Billing or data collection procedures (for example, data tracking, analysis, and reporting improvements)
(C) Other operational best management practices to facilitate CII best management practices program implementation and evaluation
(D) Other CII best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (g) (1) Notwithstanding subdivisions (d) and (e), a supplier for which annual CII water deliveries are 10 percent or less of total deliveries, as averaged over a five-year period, shall design and implement pursuant to subdivision (h) a conservation program that includes at least two of the best management practices from in subdivision (f)(1). (2) Notwithstanding subdivisions (d) and (e), a supplier need not offer BMPs from subdivision (f)(3) to customers that meet the criteria identified in this section but do not use water outdoors.
(3) For purposes of subdivisions (d) and (e), a supplier may rely on a regional entity in lieu of designing its own conservation program.
(h) (1) By June 30, 2039, a supplier shall implement a conservation program for existing CII customers meeting the criteria identified in this section. After June 30, 2040, the supplier shall maintain a conservation program for all CII customers meeting the criteria identified in this section.
(2) For purposes of this section, a supplier may rely on implementation by a regional entity in lieu of implementing its own conservation program. (i) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier, this section applies beginning fifteen (15) years after the system meets the criteria to be considered a supplier or consolidates with a supplier.

Authority: Sections 1058 and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Section 4185, Civil Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.10, Water Code.

Adopt new section 975:

Item #11. Page 36
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31 § 975. Reporting
(a) Each urban retail water supplier shall submit to the Board, no later than January 1, 2024, and by January 1 every year thereafter, the report required by Water Code section 10609.24. The report shall reflect the conditions of the previous state fiscal year, except as specified in subdivision (b).
(b) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall submit to the Board, on a machine-readable form provided by the Board, the supplier’s urban water use objective calculated pursuant to section 966 along with relevant and supporting data. Relevant and supporting data shall reflect the previous state fiscal year’s conditions, unless approved pursuant to section 967(e) or section 968(j), and shall include:
(1) For the residential indoor water use budget described in section 967, the following parameters:
(A)The volume of water associated with the residential indoor budget (Rindoor) calculated pursuant to section 967.
(B) Residential service area population. The residential service area population shall be the annual value reported to the Board pursuant to Health and Safety code section 116530 and California Code of Regulations, title 22, section 64412. (C) If the supplier has requested and received approval to include in its objective a budget associated with the evaporative cooler variance pursuant to section 967(b)(2), the following information:
(i) The volume of water associated with the variance (VEC) calculated pursuant to section 967(c)(1). This must be calculated and updated annually. (ii) The number of evaporative coolers in the service area (NEC) (iii) The average daily operating hours (HO)
(iv) The average daily evaporative rate (REC)
(v) The number of operating days as described in section 967(c)(1). This must be calculated and updated annually.
(D) If the supplier has requested and received approval to include in its objective a budget associated with the seasonal population variance pursuant to section 967(b)(2), the following information:
(i) The volume of water associated with the variance (VSP) calculated pursuant to section 967(c)(2)
(ii) The number of dwelling units associated with seasonal occupancy (NDU) (iii) The occupancy rate (RO)
(iv) If using the method described in section 967(c)(2)(C), the parameters described in this paragraph must be calculated and updated annually. (2) For the residential outdoor water use budget described in section 968:
(A) The volume of water associated with the residential outdoor budget (Routdoor) calculated pursuant to section 968.
(B) Annual reference evapotranspiration and effective precipitation data provided by the Department, or alternative reference evapotranspiration or effective precipitation data meeting the criteria specified in section 968(b)(4).

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32 (C) Residential landscape area data provided by the Department, or alternative residential landscape area data meeting the criteria specified in section 968(b)(3). (D) Any residential special landscape area meeting the criteria specified in section 968 (c). For residential special landscape areas irrigated with recycled water, the supplier shall, unless otherwise specified, provide information to trace the recycled water network at least once every five years:
(i) The Public Water System Identification (PWSID) number associated with each system delivering recycled water to residential landscapes
(ii) Annual metered non-potable residential landscape irrigation demand, as reported to the Board pursuant to Health and Safety Code section 116530. This must be updated annually.
(iii) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing the recycled water that the supplier reported delivering to residential landscapes
(iv) The PWSID number associated with each system producing the recycled water from each facility identified in (iii)
(v) The square footage of residential land irrigated with recycled water. If annually reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as annually reported to the Regional Water Quality Control Board.
(vi) The Waste Discharge Identification Number (WDID) associated with the land application of recycled water.
(E) Any residential landscape area associated with new construction and meeting the criteria specified section 968 (e)(2).
(F) If the supplier has requested and received approval to include in its objective a budget associated with the variance for horses and other livestock water use pursuant to section 968(f)(2):
(i) The volume of water associated with the variance (Vlivestock) calculated pursuant to section 968(g)(1)
(ii) The number of animals according to each animal type-class (iii) The average number of days per year that water is provided to each animal typeclass. (G) If the supplier has requested and received approval to include in its objective a budget associated with the variance for water associated with dust control on horse corrals or other animal exercise arenas pursuant to section 968(f)(2):
(i) The volume of water associated with the variance (Vcorral) calculated pursuant to section 968(g)(2)
(ii) The square footage of corrals or other animal exercise arenas provided by the Department, or alternative data as specified in section 968(g)(2)(A). (H) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate residential agricultural landscapes pursuant to section 968(f)(2), the following information:
(i) The volume of water associated with the variance (VAg) calculated pursuant to section 968(g)(3). This must be calculated and updated on an annual basis.

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33 (ii) Reference evapotranspiration and effective precipitation data for the aggregated growing seasons associated with the crops grown on residential agricultural landscapes This must be calculated and updated on an annual basis
(iii) The average regional crop coefficient
(iv) The average regional irrigation efficiency
(v) The square footage of residential agricultural landscapes. (I) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate residential agricultural landscapes pursuant to section 968(f)(2) and if the variance is calculated using crop-specific landscape area, the following information:
(i) The volume of water associated with the variance (VAg) calculated pursuant to section 968(g)(3)(A). This must be calculated and updated on an annual basis (ii) The reference evapotranspiration and effective precipitation data associated with each crop’s growing season. This must be calculated and updated on an annual basis (iii) The unique efficiency factor for each crop, calculated according to section 968(g)(3)(C)
(iv) The landscape area associated with each crop, as estimated by the supplier. (J) If the supplier has requested and received approval to include in its objective a budget associated with the variance for water used to respond to state or local emergency events pursuant to sections 968(f)(2), the following information, which must be calculated and updated on an annual basis:
(i) The volume of water associated with the variance
(ii) The required documentation described in section 968(g)(4). (K) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 968(f)(2) and relied on the calculation method described in section 968(g)(5)(A):
(i) The volume of water associated with the variance (VHTDS) calculated pursuant to section 968(g)(5)(A). This must be calculated and updated on an annual basis. (ii) The square footage of residential land irrigated with recycled water containing high levels of TDS. If reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as reported to the Regional Water Quality Control Board.
(iii) The concentration of TDS, in mg/L
(iv) The Public Water System Identification (PWSID) number associated with each system delivering to residential landscapes recycled water containing high levels of TDS (v) Annual metered non-potable residential landscape irrigation demand, as reported to the Board pursuant to Health and Safety Code section 116530. This must be updated annually.
(vi) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing the recycled water containing high levels of TDS (vii) The PWSID associated with each system producing the recycled water from each facility identified in (vi)
(viii) The waste discharge identification number (WDID) for the Waste Discharge Requirements associated with the land application of treated recycled water with high levels of TDS
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34 (ix) The permitted concentration of TDS, in mg/L
(x) The permitted volume of applied recycled water, in gallons (xi) An electronic copy of the applicable salt and nutrient management plan or plans, if any.
(L) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 968(f)(2) and relied on the calculation method described in section 968(g)(5)(B):
(i) All parameters identified in paragraph (K), except (iii) (ii) The plant factor
(iii) The leaching requirement
(iv) The salinity of the recycled water
(v) The plant threshold salinity.
(M) If the supplier has requested and received approval to include in its objective the budget associated with the variance for water used to sustain wildlife in ponds and lakes pursuant to section 968 (f)(2):
(i) The volume of water associated with the variance (Vwildlife), calculated pursuant to section 968 (g)(6). This must be calculated and updated annually (ii) The area of ponds and lakes, in square feet
(iii) Annual precipitation data provided by the Department or annual precipitation data meeting the criteria in section 968 (g)(6)(A).
(N) If the supplier has requested and received approval to include in its objective the budget associated with the variance for water used to irrigate existing residential trees pursuant to section 968 (f)(2):
(i) The volume of water associated with the variance (VR-trees), calculated pursuant to section 968 (g)(7). This must be calculated and updated annually (ii) The area of existing residential trees, in square feet. (O) If the supplier has requested and received approval to include in its objective a budget associated with the temporary provision for new, climate-ready trees pursuant to section 968 (h)(2):
(i) The volume of water associated with the temporary provision (Prtrees), calculated pursuant to section 968 (i)(1). This must be calculated and updated annually (ii) The number of newly planted trees.
(P) If the supplier has requested and received approval to include in its objective a temporary provision associated with establishing qualifying landscapes pursuant to section 968 (h)(2):
(i) The volume of water associated with the temporary provision (Prland), calculated pursuant to section 968 (i)(2). This must be calculated and updated annually (ii) The square footage of qualifying landscapes receiving temporary irrigation. (3) For the budget for commercial, industrial, and institutional landscapes with Dedicated Irrigation Meters described in section 969:
(A) The volume of water for CII landscapes with DIMs (CIIDIM) calculated pursuant to section 969.

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35 (B) Annual reference evapotranspiration and effective precipitation data provided by the Department, or alternative reference evapotranspiration or effective precipitation data meeting the criteria specified in section 969(b)(3).
(C) The area of CII landscapes with DIMs measured by the supplier and meeting the criteria specified in section 969(b)(1).
(D) Any special landscape area meeting the criteria specified in section 969(c). For CII landscapes with DIMs irrigated with recycled water, the supplier shall, unless otherwise specified, provide information to trace the recycled water network at least once every five years:
(i) The Public Water System Identification (PWSID) number associated with each system delivering recycled water to CII landscapes with DIMs
(ii) Annual Non-Residential Recycled Water demand, as reported to the Board pursuant to Health and Safety Code section 116530. This must be updated annually. (iii) Annual Non-Residential Non-Potable demand, as reported to the Board pursuant to Health and Safety Code section 116530. This must be updated annually. (iv) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing the recycled water
(v) The PWSID associated with each system producing the recycled water from each facility identified in (iv)
(vi) The square footage of CII landscapes with DIMs irrigated with recycled water. If annually reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as annually reported to the Regional Water Quality Control Board
(vii) The Waste Discharge Identification Number (WDID) associated with the land application of recycled water.
(E) Any CII landscape area with DIMs associated with new construction and meeting the criteria specified section 969(d)(2).
(F) Any landscape area associated with a DIM that the Department classified as residential and included in the residential landscape area defined in section 968(b)(2), but that the supplier classifies as CII and has therefore subtracted from residential landscape area.
(G) If the supplier has requested and received approval to include in its objective a budget for the variance for water used to respond to state or local emergency events pursuant to section 969(f)(1), the following information, which must be calculated and updated on an annual basis:
(i) The volume of water associated with the variance
(ii) The required documentation described in section 968(g)(4). (H) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 969(f)(2) and relied on the calculation method described in 968(g)(5)(A):
(i) The volume of water associated with the variance (VHTDS) calculated pursuant to section 968(g)(5)(A). This must be calculated and updated on an annual basis. (ii) The square footage of CII landscapes with DIMs irrigated with recycled water containing high levels of TDS. If reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as reported to the Regional Water Quality Control Board.
(iii) The concentration of TDS, in mg/L
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36 (iv) The Public Water System Identification (PWSID) number associated with each system delivering recycled water containing high levels of TDS to CII landscapes with DIMs
(v) Annual metered non-potable non-residential landscape irrigation demand, as reported to the Board pursuant to Health and Safety Code section 116530. This must be updated annually.
(vi) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing the recycled water containing high levels of TDS (vii) The PWSID associated with each system producing the recycled water from each facility identified in (vi)
(viii) The waste discharge identification number (WDID) for the Waste Discharge Requirements associated with the land application of treated recycled water with high levels of TDS
(xi) The permitted concentration of TDS, in mg/L
(x) The permitted volume of applied recycled water, in gallons (xi) An electronic copy of the applicable salt and nutrient management plan or plans, if any.
(I) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 969(f)(2) and relied on the calculation method described in section 968(g)(5)(B):
(i) All parameters identified in paragraph (H), except (iii) (ii) The plant factor
(iii) The leaching requirement
(iv) The salinity of the recycled water
(v) The plant threshold salinity
(J) If the supplier has requested and received approval to include in its objective a budget associated with the variance for water used to sustain wildlife in ponds and lakes pursuant to section 969(f)(3):
(i) The volume of water associated with the variance (Vwildlife), calculated pursuant to section 968(g)(6). This must be calculated and updated annually. (ii) The area of ponds and lakes, in square feet
(iii) Annual precipitation data provided by the Department or annual precipitation data meeting the criteria in section 968(g)(6)(A).
(K) If the supplier has requested and received approval to include in its objective the budget associated with the variance for water used to irrigate existing trees on CII landscapes with DIMs pursuant to section 969(f)(4):
(i) The volume of water associated with the variance (VCII-trees), calculated pursuant to section 969(f)(4). This must be calculated and updated annually (ii) The area of existing trees on CII landscapes with DIMs, in square feet. (L) If the supplier has requested and received approval to include in its objective a budget associated with the temporary provision to plant new, climate-ready trees pursuant to section 969(g)(2):
(i) The volume of water associated with the temporary provision (Prtrees), calculated pursuant to section 968(i)(1). This must be calculated and updated annually. (ii) The number of newly planted trees.

Item #11. Page 42
Meeting Date: 11/12/2024 / Packet Page #: 217
37 (M) If the supplier has requested and received approval to include in its objective a budget associated with the temporary provision for qualifying landscapes pursuant to section 969(g)(2):
(i) The volume of water associated with the temporary provision (Prland) calculated pursuant to section 968(i)(2). This must be calculated and updated annually. (ii) The square footage of qualifying landscapes receiving temporary irrigation. (4) For the budget for real water losses described in section 970:
(A) The volume of water in gallons per year associated with the real water loss budget (Bwater loss) calculated pursuant to section 970.
(B) For systems with water loss standards expressed in units of gallons per connection per day, the supplier shall report the number of service connections for each system it owns and operates, as reported to the Department pursuant to Water Code section 10608.34.
(C) For systems with water loss standards expressed in units of gallons per mile per day, the supplier shall report the length of mains for each system it owns and operates, as reported to the Department pursuant to Water Code section 10608.34. (5) For the bonus incentive described in section 971, the following parameters, which, unless otherwise specified, must be calculated and updated on an annual basis:
(A)(i) The volume of the bonus incentive calculated pursuant to section 971(b) and subject to the limitations described in section 971(a)
(ii) Annual total potable water production (TPW) reported to the Board pursuant to Health and Safety Code section 116530
(iii) Annual potable water deliveries to single-family residential, multi-family residential, and landscape irrigation (DRLI) reported to the Board pursuant to Health and Safety Code section 116530.
(B) If a supplier delivers water from a groundwater basin that is augmented by potable reuse water, the following information:
(i) Volume of potable reuse water obtained from a groundwater source (VPRG) for the reporting year, calculated pursuant to section 971(b)(1) (ii) The annual loss factor for recharge and recovery (LFG). The supplier shall document that the loss factor was calculated and provided by the appropriate groundwater basin management authority in accordance with section 971(b)(1). (iii) The total volume of potable recycled water recharged into the basin. The total volume of potable recycled water recharged into the basin shall be an annual average, calculated using the values provided to the Board through the Volumetric Annual Report, for the preceding five years, for each facility producing recycled water used to recharge the basin. It shall be confirmed by the appropriate groundwater basin authority. (iv) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing recycled water used to recharge the basin. This identifier shall be provided at least once every five years.
(v) The total volume of water extracted from the augmented groundwater basin (VBP), to be obtained from the appropriate groundwater basin authority (vi) The Public Water System Identification (PWSID) number associated with each system drawing from the augmented basin
Item #11. Page 43
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38 (vii) The Primary Station Codes identifying each source drawing from the augmented basin
(viii) The volume of water the supplier produces from the augmented basin (VG) reported to the Board pursuant to Health and Safety Code section 116530 (ix) The name of the basin augmented by potable reuse water. This shall be provided at least once every five years.
(x) The Bulletin 118 identification number. This shall be provided at least once every five years.
(C) If a supplier delivers water from a reservoir that is augmented by potable reuse water, the following information:
(i) The volume of potable reuse water obtained from an augmented surface water reservoir source (VPRS) for the reporting year, calculated pursuant to section 971(b)(2) (ii) The annual loss factor for evaporation and seepage (LFS). The supplier shall document that the loss factor was calculated and provided by the owner or operator of the augmented surface water reservoir.
(iii) The total volume of potable recycled water used to augment the reservoir. The total volume of potable recycled water used to augment the reservoir shall be an annual average, calculated using the values provided to the Board through the Volumetric Annual Report, for the preceding five years, for each facility producing recycled water used to augment the reservoir. It shall be confirmed by the appropriate surface water authority.
(iv) The GeoTracker Identification Number used for Volumetric Annual Reporting by each facility producing recycled water used to augment the surface water reservoir. This identifier shall be provided at least once every five years. (v) The total volume of water obtained from the augmented reservoir (VSWP), to be obtained from the owner or operator of the augmented surface water reservoir (vi) The Public Water System Identification (PWSID) number associated with each system drawing from the augmented reservoir
(vii) The Primary Station Codes identifying each source drawing from the augmented reservoir
(viii) The volume of water the supplier produces from the augmented reservoir (VSW), as reported to the Board pursuant to Health and Safety Code section 116530. (D) If a supplier delivers water from direct potable reuse (DPR) project, the following information:
(i) The volume of potable reuse water obtained from the DPR project (VPRD) (ii) The volume of finished water produced from the DPR project (VFIN-DPR) (iii) The fraction of water the supplier derived from the facility producing the finished water
(6) The supplier’s urban water use objective calculated pursuant to section 966. (c)(1) If a supplier meets the criteria described in section 966(i), the following:
(A) For the reporting year the supplier initially asserts compliance with its objective pursuant to section 966(i), the average median household income of the service area in accordance with section 966(i)(1), based on data from the United States Census Bureau’s American Community Survey or an alternative source that the supplier has demonstrated to the Board to be equivalent, or superior, in quality and accuracy.

Item #11. Page 44
Meeting Date: 11/12/2024 / Packet Page #: 219
39 (B) Average annual per capita water use for the state fiscal years ending in 2024, 2025, and 2026, pursuant to section 966(k)(1).
(C) Annual per capita water use for the reporting year and the immediately preceding two years pursuant to section 966(k)(2).
(D) A link to the plan required pursuant to section 966(i)(3). (2) If a supplier meets the criteria described in section 966(j), the following:
(A) Average annual per capita water use for the state fiscal years ending in 2024, 2025, and 2026, pursuant to section 966(k)(1).
(B) Annual per capita water use for the reporting year and the immediately preceding two years pursuant to section 966(k)(2).
(C) Verified adherence to the G480 Water Conservation and Efficiency Program Operation and Management Standard.
(D) A link to the plan required pursuant to section 966(j)(2). (d) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall submit to the Department and the Board, on a machinereadable form provided by the Board, the actual urban water use for the previous state fiscal year, calculated in accordance with section 10609.22 along with relevant supporting data for:
(1) Demands relevant to the objective, specifically:
(A) (i) Annual deliveries to “Single-Family Residential” connections, as reported to the Board pursuant to Health and Safety Code section 116530 (ii) Annual deliveries to “Multi-Family Residential” connections, as reported to the Board pursuant to Health and Safety Code section 116530
(iii) Annual “Residential Recycled Water Demand,” as reported to the Board pursuant to Health and Safety Code section 116530
(iv) Annual “Residential Non-potable Water Demand,” as reported to the Board pursuant to Health and Safety Code section 116530
(v) The volume of annual deliveries to single-family residential customers that are at or above the 90th percentile for single-family residential water use across the supplier’s service area
(vi) The volume of annual deliveries to multi-family residential customers that are at or above the 90th percentile for multi-family residential water use across the supplier’s service area
(vii) Deliveries to residential landscapes with dedicated irrigation meters, where the supplier classifies those landscapes as residential, and the Department included those landscapes in the supplier’s residential landscape area described in section 968(b)(2) (viii) Deliveries to landscapes the supplier categorizes as residential landscapes but were not included in the supplier’s residential landscape area described in section 968(b)(2). The supplier shall report these deliveries separate from paragraph (A)(i) or (A)(ii) until residential landscape area is updated to include these landscapes pursuant to section 968(b)(2) or 968(b)(3).
(B) Aggregate annual deliveries to “Metered Irrigation of Commercial, Industrial, or Institutional Landscapes,” as reported to the Board pursuant to Health and Safety Code section 116530. This shall be limited to:
(i) Potable demand
Item #11. Page 45
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40 (ii) Non-potable demand
(iii) Deliveries to landscapes the Department included in the supplier’s residential landscape area described in section 968(b)(2) but that the supplier categorizes as CII. If this condition is met, the supplier shall correspondingly adjust its residential landscape area pursuant to section 968(b)(2) or (b)(3).
(C) Aggregated real water losses. If available, the real water losses shall be those reported in the water audits submitted to the Department pursuant to Water Code section 10608.34.
(D) Total demands relevant to the objective, which shall be the sum of the values reported in paragraphs (A)(i) through (iv), (B)(i), and (C). (2) Excluded demands, specifically:
(A) Aggregate annual water deliveries to “Commercial and Institutional” connections, as reported to the Board pursuant to Health and Safety Code section 116530. This includes deliveries to landscapes the supplier categorizes as commercial or institutional and that are served by mixed-use meters. If the Department included such landscapes in a supplier’s residential landscape area described in section 968(b)(2), then the supplier shall correspondingly adjust its residential landscape area pursuant to section 968(b)(2) or (b)(3).
(B) Aggregate annual water deliveries to “Industrial” connections, as reported to the Board pursuant to Health and Safety Code section 116530. The supplier shall additionally estimate the percentage of aggregate annual water deliveries to “Industrial” connections that is process water, as defined by Water Code section 10608.12(y). (C) Aggregate annual water deliveries to “Other” connections, as reported to the Board pursuant to Health and Safety Code section 116530.
(D) Aggregate annual water deliveries to “Agriculture” connections, as reported to the Board pursuant to Health and Safety Code section 116530. (E) Total aggregate demands excluded from the objective, which shall be the sum of the values reported in paragraphs (A), (B), and (C).
(e) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall submit to the Department and the Board, for the previous state fiscal year, on a machine-readable form provided by the Board, the following:
(1) Relevant data pursuant to section 972, specifically:
(A) The total number of commercial, industrial, and institutional (CII) connections served, as reported to the Board pursuant to Health and Safety Code section 116530. (B) The total number of CII water users classified pursuant to section 972. (C) The number of CII water users falling into each of the classification categories specified in section 972 (a) and section 972 (b).
(2) Relevant data pursuant to section 973, specifically:
(A) For all suppliers:
(i) The total number of water users associated with large landscapes (ii) The total estimated, aggregate volume of water applied to large landscapes (iii) The total aggregate square footage of large landscapes. (B) For suppliers that identified water users pursuant to section 973(a)(2):
(i) The number of water users associated with those large landscapes (ii) The estimated, aggregate volume of water applied to those large landscapes Item #11. Page 46
Meeting Date: 11/12/2024 / Packet Page #: 221
41 (iii) The total aggregate square footage of those large landscapes. (C) For suppliers that have installed dedicated irrigation meters (DIMs) pursuant to section 973(b):
(i) The number of water users associated with large landscapes that have had a DIM installed
(ii) The aggregate square footage of large landscapes that have had a DIM installed. (D) For suppliers that have employed in-lieu technologies and offered Best Management Practices (BMPs) pursuant to section 973(b):
(i) The number of water users associated with large landscapes for which the supplier has employed in-lieu technologies and offered BMPs
(ii) The aggregate square footage of those large landscapes (iii) The in-lieu technologies that have been employed
(iv) If the Board has approved the use of an in-lieu technology other than those listed in section 973(b)(2), a narrative description of the technology employed (v) The BMPs offered pursuant to section 973(b)(3)
(vi) The estimated annual water savings associated with section 973(b). (3) Relevant data pursuant to section 974(a) and (b), specifically:
(A) The number of disclosable buildings identified pursuant to 974(a). (B) The number of customers for which the supplier has provided the information required pursuant to section 974(b).
(4) Relevant data pursuant to section 974(c) through 974(h) in accordance with paragraph (A), (B), or (C) below, as applicable:
(A) For suppliers that have identified water users pursuant to 974(c)(1):
(i) The number of CII water users at or above the 97.5th percentile for water use (ii) The best management practices (BMPs) offered to the water users identified in paragraph (i)
(iii) The estimated annual water savings associated with the BMPs identified in paragraph (ii)
(iv) The number of CII water users at or above the 80th percentile for CII water use (v) The BMPs offered to the water users identified in paragraph (iv) (vi) The estimated annual water savings associated with the BMPs identified in paragraph (v).
(B) For suppliers that have identified water users pursuant to 974(c)(2):
(i) The number of CII water users at or above the 97.5th percentile for water use (ii) The best management practices offered to the water users identified in paragraph (i) (iii) The estimated annual water savings associated with the BMPs identified in paragraph (ii)
(iv) The number of water users at or above the 80th percentile for water use in each of the classification categories specified in section 972 (a) and 972 (b) (v) The BMPs offered to the water users within each of the classification categories identified in paragraph (iv)
(vi) The estimated annual water savings associated with the BMPs identified in paragraph (v).
(C) For suppliers that have identified water users pursuant to 974(c)(3):
(i) The key business activity indicators (KBAI) developed for each of the classification categories specified in section 972 (a) and 972 (b)
Item #11. Page 47
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42 (ii) Any KBAI the supplier has developed for specific ENERGY STAR Portfolio Manager property types
(iii) For each of the classification categories specified in section 972 (a) and (b), the number of water users identified pursuant to section 974(c)(3) (iv) The BMPs offered to the water users within each of the classification categories identified in paragraph (iii)
(v) The estimated annual water savings associated with the BMPs identified in paragraph (iv).
(f) Unless otherwise specified, any volume of water reported pursuant to this section shall be reported in gallons.
(g) On or before January 1, 2027, a copy of a supplier’s regulation, ordinance, or policy governing water service that shows the supplier’s compliance with Water Code section 10608.14.

Authority: Sections 1058 and 10609.28, Water Code.

References: Article X, Section 2, California Constitution; Section 116530, Health and Safety Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10608.14, 10608.34, 10609.2, 10609.10, 10609.22, 10609.24, 10728, and 12924 Water Code.

Adopt new section 978:
§ 978. Urban Water Use Objectives – Enforcement
(a) The failure to provide the information requested under this article within the time provided in the order, or as specified under this article, is a violation subject to civil liability pursuant to Water Code section 1846 or 1846.5. (b) A decision or order issued under this article or under Water Code section 10609.24, subdivision (c), section 10609.26, subdivisions (a) or (c), or section 10609.28 is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
(c) Orders issued under this article are effective upon issuance.

Authority: Sections 1058, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10609.24, 10609.26, 10609.27, 10609.28, 10617, and 10632, Water Code.

Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Item #11. Page 48
Meeting Date: 11/12/2024 / Packet Page #: 223
43 Article 1Article 2. Water Loss Performance Standards for Urban Retail Water Suppliers
…
Article 2Article 3. Reporting
…
Article 3 Article 4. Prevention of Drought Wasteful Water Uses …
Item #11. Page 49
Meeting Date: 11/12/2024 / Packet Page #: 224

WATER CONSERVATION REPORT

PUBLIC WORKS, WATER DIVISION

CITY COUNCIL
NOVEMBER 12, 2024

RUSSELL ACKERMAN, SENIOR MANAGEMENT ANALYST
Item #11. Page 50
Meeting Date: 11/12/2024 / Packet Page #: 225

URBAN WATER USE OBJECTIVE
(UWUO)

THE FRAMEWORK ALSO
REQUIRES:
• CII BMPs
• CII Meter Classifications
• Compliance begins Jan 1, 2025
THE

FRAMEWORK
Item #11. Page 51
Meeting Date: 11/12/2024 / Packet Page #: 226
UWUO Residential Indoor
3 • Until January 1, 2025, the standard for indoor residential water use shall be 55 gallons per capita daily. • Beginning January 1, 2025, and until January 1, 2030, the standard for indoor residential water use shall be 47 gallons per capita daily.
• Beginning January 1, 2030, the standard for indoor residential water use shall be 42 gallons per capita daily • Until January 1, 2025, the standard for indoor residential water use shall be 55 gallons per capita daily. • Beginning January 1, 2025, and until January 1, 2030, the standard for indoor residential water use shall be 47 gallons per capita daily.
• Beginning January 1, 2030, the standard for indoor residential water use shall be 42 gallons per capita daily Item #11. Page 52
Meeting Date: 11/12/2024 / Packet Page #: 227
UWUO Residential Indoor
4 2023 – 2035 = 0.80 LEF
2035 AND 2040 = 0.63 LEF
2040 ONWARDS = 0.55 LEF
Item #11. Page 53
Meeting Date: 11/12/2024 / Packet Page #: 228
UWUO Residential Indoor
5 Landscape Efficiency Factors
LEF = A factor applied at the supplier-level that adjusts net reference evapotranspiration for plant factors and irrigation efficiency
High LEF (.90 >) Low LEF (.55)
Item #11. Page 54
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UWUO Residential Indoor
6 2028 – 2035 = 0.80 LEF
2035 – 2040 = 0.63 LEF
2040 ONWARDS= 0.45 LEF
NEW DEVELOPMENTS = 0.45 (OR CURRENT MWELO ETAF
VALUE)
SPECIAL LANDSCAPE AREAS (SLA) = 1.0 LEF
Item #11. Page 55
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UWUO Residential Indoor
7 Our current system specific standard is 17.1 Gallons Per Connection per Day Item #11. Page 56
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UWUO Residential Indoor
8 Item #11. Page 57
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UWUO Variances and Temporary Provisions and Bonus Incentives 9 For any individual variance it must represent 5% or more of the sum of the UWUO • Variance means an additional volume of water that an urban retail water supplier may request to add to its urban water use objective for a unique use that has a material effect on a supplier’s urban water use objective. • A temporary provision for new trees, or qualifying landscapes that need water to get established
• Bonus incentive for potable reuse water.
• State Water Board website projects a 43% agency wide reduction target by 2040 • Based on older data
• Does not include special landscape measurements
• Does not include CII LAM data
Item #11. Page 58
Meeting Date: 11/12/2024 / Packet Page #: 233

URBAN WATER USE OBJECTIVE
(UWUO)
ALTERNATIVE COMPLIANCE PATHWAY (UWUO >30%)
• Must reduce per capita urban water use by an average of no less than 2.0 percent per year, as shown by data from the reporting year and the preceding two years, based on average per capita annual water use for 2024 -26.
• Must adhere to the G480 Water Conservation and Efficiency Program Operation and Management Standard established by the American Water Works Association. • Must develop a Plan that addresses:

1. How they will meet the UWUO by June 30, 2041.

2. Data for variances and special landscape areas.

3. Efforts to increase support for disadvantaged communities.

4. Leveraging regional and local partnerships to support the installation and maintenance of climateready landscapes and keep trees healthy.

Item #11. Page 59
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QUESTIONS?
Item #11. Page 60
Meeting Date: 11/12/2024 / Packet Page #: 235
RECOMMENDATIONS:

That City Council:
1) Receive and file Water Conservation Report to City Council Item #11. Page 61
Meeting Date: 11/12/2024 / Packet Page #: 236

STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Recreation and Human Services DISTRICT(S): 3, 4, 5 SUBJECT: Approve an Agreement with Miracle Playground Sales for Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park in an amount not to exceed $284,700.60

RECOMMENDATION
That the City Council:

1. Adopt a CEQA Notice of Exemption for Capital Improvement Project Pour-In-Place for South Hills Park, Ole Hammer Park, and Willow Springs Park;

2. Approve an Agreement with Miracle Playground Sales for Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park in the amount of $284,700.60; and

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

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

EXECUTIVE SUMMARY
South Hills, Ole Hammer, and Willow Springs Parks are the last three parks in the City of Glendora that still use rubber tire chunks for playground surfacing. Staff is proposing to replace this material with pourin-place surfacing at all three playgrounds.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On June 11, 2024 City Council adopted the FY 2024-25 Mid-Cycle Budget including the Amended FiveYear Capital Improvement Program including appropriations for the Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park capital project.

DISCUSSION
In 2015, the City received a grant from CalRecycle to replace wood chips in the playgrounds with rubber tire mulch, and since then, all park playgrounds have been converted to this material. However, rubber tire mulch has consistently required ongoing maintenance by both parks staff and landscape contractors. It often ends up in surrounding grassy areas and has become a source of vandalism in the parks.

In 2022, the City began transitioning to pour-in-place surfacing, starting with Gladstone Park. Using Prop 68 per capita funds, staff installed a brand-new playground at Gladstone Park, along with pour-in-place surfacing on both playgrounds.

The playground at Louie Pompei Memorial Sports Park was converted to pour-in-place surfacing while the park was closed for renovations in 2023. Similarly, Finkbiner Park's playground was replaced, and its surfacing was updated during the Finkbiner Park Improvement Project in 2024.

Item #12. Page 1
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At Dawson Park, next to the Teen Center, the existing pour-in-place surfacing from 2003 will be replaced in a separate capital improvement project this year.

Pour-in-place surfacing is ideal for playgrounds due to its shock-absorbing qualities, which enhance safety at critical fall heights, and it is fully ADA compliant. Additionally, its low maintenance will reduce the time spent cleaning up displaced rubber mulch.

Staff received three quotes for this project from Dave Bang, Milcon Systems, and Miracle Playground Sales.

BIDDER BID AMOUNT
Dave Bang $284,563.61
Miracle Playground Sales $284,700.60
Milcon Systems $296,483.34
Staff evaluated each bid that it received and compared their likeness. It was determined the Miracle Playground Sales was the lowest responsible bidder that included everything we needed for this project.

For over 25 years, Miracle Playground Sales has been a leader in park and recreation equipment solutions known for their expertise, creativity, and unparalleled customer service. Their goal is to provide safe, durable, challenging, and innovative park, playground, and splashpad designs customized to meet community needs.

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

Per California Government Code §6502 regarding Joint Powers Agreements, “if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state.”
Sourcewell offers cooperative procurement solutions to government entities. Participation is open to federal, state/provinces, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other entities located in the United States and Canada. Sourcewell issued a public solicitation for playground and water play equipment with related accessories and services from which Miracle Playground Sales was awarded a contract. Miracle Playground sales pricing and proposal provided to the City of Glendora complies with Sourcewell contract number 010521-LTS which is valid until February 2026.

FISCAL IMPACT
There are sufficient funds available in Adopted FY2024-25 Mid-Cycle Budget in the Capital Projects Fund (301) Capital Improvement Fund.

DESCRIPTION AMOUNT
Pour-In-Place for South Hills, Ole Hammer, Willow Springs Parks: Budget $330,000.00 Miracle Playground Sales: Construction $284,700.60
Requested expenditure including contingency $284,700.60 Item #12. Page 2
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Remaining available budget $45,299.40

ENVIRONMENTAL DETERMINATION
The City of Glendora, as lead agency, is responsible for preparing environmental documentation in accordance with CEQA. A Draft Notice of Exemption (NOE) has been prepared (Attachment A) for the project pursuant to the state CEQA guidelines.

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 Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Draft Notice of Exemption
B. Glendora Public Works Agreement – Miracle Playground Sales C. Sourcewell Contract #010521-LTS
D. PowerPoint – Playground Surfacing
Item #12. Page 3
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rvp7/3/97
Project Title: Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park.

Project Locations: The proposed project is in three different locations. South Hills Park is at 701 E. Mauna Loa Ave, Ole Hammer Park is at 362 N. Live Oak Ave, Willow Springs Park is at 515 N. Willow Springs Ln.

Project Sponsor: City of Glendora
Mailing Address: 116 E. Foothill Blvd., Glendora CA 91741 General Plan Land Use Designation: Open Space
Zoning Designation: South Hills: OSN, Ole Hammer: E-4, Willow Springs: E-7-500,000 Project Description: The Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park project includes the following improvements:
 Removal of the existing loose fill rubber mulch surface at the playground and replace with poured in place rubber surfacing.

Surrounding Land Uses and Setting: The property and immediate areas around the facility’s location consist of residential single-family homes, elementary schools, and some open space along the 210 Foothill Freeway corridor. There is also an LA County Flood Control District Channel adjacent to two of the parks.

The Community Development Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: New Construction or Conversion of Small Structures Sections: 15301 [Existing Facilities] and 15302 [Replacement or Reconstruction] Statutory Exemption. Code Number:

Reasons why project is exempt: The proposed project is exempt from environmental review pursuant to 15301 [Existing Facilities] because the project will enhance an already existing park facility and 15302 [Replacement or Reconstruction] because the area will maintain the same purpose.

As a result, the project is exempt from CEQA.

Date:

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

The Glendora City Council on November 12, 2024_____
Date:

John Aguirre, Director, Recreation & Human Services Department

CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741 California Environmental Quality Act

NOTICE OF EXEMPTION
Item #12. Page 4
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
MIRACLE PLAYGROUND SALES, INC.

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
MIRACLE PLAYGROUND SALES, INC.

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 Miracle Playground Sales, Inc., a Nevada corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

1.2 Consultant’s Proposal.

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Docusign Envelope ID: C8006A1D-00A9-47E8-A839-0DCB95E3F668 Item #12. Page 7
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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 3 Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ___________________
Rob Fryhoff, Partner
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 4

1.6 Familiarity with Work.

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

1.7 Care of Work.

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

1.8 Further Responsibilities of Parties.

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

1.9 Additional Services.

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

1.10 Special Requirements.

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

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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 $284,700.60 (Two Hundred Eighty-Four Thousand Seven Hundred Dollars and Sixty Cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this 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 warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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.

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 this Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof (“Term”), 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.

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:

Rob Fryhoff, Partner
Kelly Spence, Partner
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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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.

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

4.3 Contract Officer.

The Contract Officer shall be John Aguirre, 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.

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

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

4.5 Prohibition Against Subcontracting or Assignment.

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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 the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to Docusign Envelope ID: C8006A1D-00A9-47E8-A839-0DCB95E3F668 Item #12. Page 13
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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 9 commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

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

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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: C8006A1D-00A9-47E8-A839-0DCB95E3F668 Item #12. Page 15
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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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.
(d) Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, Docusign Envelope ID: C8006A1D-00A9-47E8-A839-0DCB95E3F668 Item #12. Page 17
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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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.

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

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

7.3 Retention of Funds.

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

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Docusign Envelope ID: C8006A1D-00A9-47E8-A839-0DCB95E3F668 Item #12. Page 18
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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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 Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement 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 Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

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

7.9 Attorneys’ Fees.

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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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.

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

8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this 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 Docusign Envelope ID: C8006A1D-00A9-47E8-A839-0DCB95E3F668 Item #12. Page 20
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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the 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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9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement.

Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________
Rob Fryhoff, Partner
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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Miracle Playground Sales (Pour-In-Place South Hills, Ole Hammer, Willow Springs) 12.10.2024 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
CONSULTANT:

Miracle Playground Sales, Inc., a Nevada corporation
Name: Rob Fryhoff
Title: Partner
Email: [email protected]
Name: Kelly Spence
Title: Partner
Email: [email protected]
Address: 1101 California Ave., Ste. 209, Corona, CA 92881 Docusign Envelope ID: C8006A1D-00A9-47E8-A839-0DCB95E3F668 Nov 5, 2024 | 9:06 AM PST
Nov 5, 2024 | 12:34 PM PST
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EXHIBIT “A”

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

A. Pour-In-Place surfacing at South Hills Park, Ole Hammer Park, and Willow Springs Park in the City of Glendora.

B. At the three different park sites identified above: Excavate/remove existing chunk rubber, site prep, demo and dispose existing ADA ramps, provide grade and compact subbase materials, provide and install pour in place surfacing, as described in Exhibit “C” attached hereto.

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

A. None.

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. Contractor will provide City with weekly updates on the status of the project.

This includes any timeline changes, issues, or change orders 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. Jose L. Vega, Foreman
B. Dylan Vega, Laborer
C. Jose De Dios, Laborer
D. Martin Mondragon, Laborer
E. Omar Abarca, Laborer
F. Felipe Villalobos, Laborer
G. Johnny Ramirez, Superintendent
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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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EXHIBIT “C”

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

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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.

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EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. Mobilization,
Removal of
existing chunk
rubber, demo
and dispose of
existing ADA
concrete ramp,
construct
concrete ledge
curb along
perimeter
border, provide,
grade, and
compact sub
base materials,
and provide and
install pour-inplace surfacing
for South Hills,
Ole Hammer,
and Willow
Springs Parks
Playgrounds.
60 calendar days 60 calendar days
from Notice to
Proceed issued
by the City
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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010521-LTS
Rev. 10/2020 1
Solicitation Number: RFP #010521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 11515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor).

Sourcewell is a State of Minnesota local government agency 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 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 Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.

Vendor 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 February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’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. Vendor 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, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’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 is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’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, Vendor must permit the Equipment and Products to be 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

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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor 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 Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor 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, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor 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.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing

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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their

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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.

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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance

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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40

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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any

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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell PlayPower, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz W. Todd Brinker
Title: Director of Operations &
Procurement/CPO
Title: Senior Vice President Global Sales &
Marketing Outdoor Play
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

Item #12. Page 50
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Bid Number: RFP 010521 Vendor Name: PlayPower

Item #12. Page 51
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Bid Number: RFP 010521 Vendor Name: PlayPower

Item #12. Page 52
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Item #12. Page 56
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Meeting Date: 11/12/2024 / Packet Page #: 294
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Item #12. Page 59
Meeting Date: 11/12/2024 / Packet Page #: 295
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Item #12. Page 60
Meeting Date: 11/12/2024 / Packet Page #: 296
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Bid Number: RFP 010521 Vendor Name: PlayPower

Item #12. Page 61
Meeting Date: 11/12/2024 / Packet Page #: 297
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Bid Number: RFP 010521 Vendor Name: PlayPower

Item #12. Page 62
Meeting Date: 11/12/2024 / Packet Page #: 298
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Item #12. Page 63
Meeting Date: 11/12/2024 / Packet Page #: 299
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Item #12. Page 64
Meeting Date: 11/12/2024 / Packet Page #: 300
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Item #12. Page 65
Meeting Date: 11/12/2024 / Packet Page #: 301
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Item #12. Page 66
Meeting Date: 11/12/2024 / Packet Page #: 302
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Item #12. Page 67
Meeting Date: 11/12/2024 / Packet Page #: 303
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Bid Number: RFP 010521 Vendor Name: PlayPower

Item #12. Page 68
Meeting Date: 11/12/2024 / Packet Page #: 304
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Item #12. Page 69
Meeting Date: 11/12/2024 / Packet Page #: 305
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Bid Number: RFP 010521 Vendor Name: PlayPower

Item #12. Page 70
Meeting Date: 11/12/2024 / Packet Page #: 306
Rev. 7/2022 1

CONTRACT EXTENSION
Contract Number: #010521-LTS
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc. (Vendor) 11515 Vanstory Drive, Huntersville, NC 28078 have entered into Contract #010521-LTS for the procurement of Playground and Water Play Equipment with Related Accessories and Services. The Contract has an expiration date of February 17, 2025, but the parties may extend the Contract by mutual consent.

Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of February 17, 2026.

All other terms and conditions of the Contract remain in full force and effect.

Sourcewell PlayPower, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz W. Todd Brinker
Title: Chief Procurement Officer Title:

Date: ________________________ Date: ________________________ DocuSign Envelope ID: B2032579-9E24-4B50-BB1E-851252C5A9CD 9/23/2023 | 10:52 AM CDT 9/25/2023 | 4:14 PM CDT
Item #12. Page 71
Meeting Date: 11/12/2024 / Packet Page #: 307

APPROVE AN AGREEMENT WITH MIRACLE PLAYGROUND

SALES FOR POUR-IN-PLACE SURFACING FOR SOUTH

HILLS PARK, OLE HAMMER PARK, AND WILLOW SPRINGS
PARK IN THE AMOUNT OF $284,700.60

RECREATION & HUMAN SERVICES

CITY COUNCIL
NOVEMBER 12, 2024

KELSEY FAY, MANAGEMENT ANALYST
Item #12. Page 72
Meeting Date: 11/12/2024 / Packet Page #: 308

SURFACING HISTORY

TRANSITION FROM RUBBER TIRE MULCH TO POUR-IN-PLACE SURFACING Gladstone Park
• Both playgrounds were transitioned to pour-in-place surfacing in 2022 using Prop 68 grant funds Louie Pompei Memorial Sports Park
• Surfacing installed during park renovation closure in 2023 Finkbiner Park
• Surfacing installed during Finkbiner Park improvement project in 2024 Dawson Park
• This playground surfacing is pour-in-place and original from 2003. The playground and surfacing will be replaced this fiscal year in its own capital improvement project.

South Hills, Ole Hammer, and Willow Springs Parks
• These are the last three parks in the City that still have the rubber tire mulch that needs to be replaced.

Item #12. Page 73
Meeting Date: 11/12/2024 / Packet Page #: 309

CURRENT CONDITIONS
• Rubber tire mulch
• Evaluation for replacement/refurbishment
Item #12. Page 74
Meeting Date: 11/12/2024 / Packet Page #: 310

PROJECT AWARD

THREE BIDS RECEIVED
AWARD TO MIRACLE PLAYGROUND SALES – LOWEST RESPONSIBLE BIDDER

BIDDER TOTAL BID AMOUNT
Miracle Playground Sales $284,700.60
Dave Bang Associates Inc. $284,563.61
Milcon Systems Inc. $296,483.34
Item #12. Page 75
Meeting Date: 11/12/2024 / Packet Page #: 311

FISCAL IMPACT
BUDGETED IN FY 24/25 CIP
Sufficient funds are available in Capital
Improvement Fund (301)
All images are placeholders.

Click on image and use
“Insert” > “picture from file” to
swap images as needed

DESCRIPTION AMOUNT
Project Budget $330,000.00
Miracle Playground Sales Installation $284,700.60
Estimated Project Cost $284,700.60
Remaining Available Budget $45,299.40
Item #12. Page 76
Meeting Date: 11/12/2024 / Packet Page #: 312

RECOMMENDATION
THAT THE CITY COUNCIL:

1. Adopt a CEQA Notice of Exemption for Capital Improvement Project Pour-In-Place for South Hills, Ole Hammer, Willow Springs; and

2. Approve an Agreement with Miracle Playground Sales for Pour-In-Place Surfacing for South Hills Park, Ole Hammer Park, and Willow Springs Park in the amount of $284,700.60; and

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

Item #12. Page 77
Meeting Date: 11/12/2024 / Packet Page #: 313

STAFF REPORT
TO: Mayor and Council Members DATE: November 12, 2024
FROM: Public Works DISTRICT(S): 4
SUBJECT: Approve an Agreement with IDS Group, Inc. for Architectural, Engineering and Consultant Services for the City Corporate Yard Improvement Project in an amount not to exceed $725,581

RECOMMENDATION
That the City Council:

1. Award an Agreement for Contract Services to IDS Group, Inc., in the not to exceed amount of $725,581; and

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

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

EXECUTIVE SUMMARY
The City Corporate Yard at 1250 St. Vladimir St. serves as the primary storage facility for construction materials, equipment, and vehicles. It houses the Streets, Facilities, and Fleet Divisions, with plans to relocate the Parks, Trees, and Landscape Division to the site as well. A facility analysis completed by IDS Group, Inc. determined that the four existing buildings on the site are outdated and obsolete. The analysis concluded that demolishing the current structures and constructing four new buildings would be more cost-effective than attempting to renovate the existing ones and provide for a more efficient setup.

Conceptual drawings, plans, reports, and cost estimates for the improvements are complete. The next required step is design refinement, construction documents and permit approvals, followed by the preparation and release of an RFP for construction and the actual construction completion. This item seeks approval to enter into an agreement with IDS Group, Inc. for services that will complete and assist with those next steps.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On December 8, 2022, the Public Works Department released a Request for Proposal for the preparation of concept drawings, plans, and cost estimates for improvements of the City’s Corporate Yard.

On May 31, 2023, a Notice to Proceed with a task order to include site evaluation, conceptual and schematic design for corporate yard improvements was issued to IDS Group, Inc. under the On Call Professional Service Agreement between the City of Glendora and IDS Group, Inc. dated 02/09/2022.

The City is in receipt of the deliverables including the conceptual design, schematic design, and cost estimates.

DISCUSSION
Improvements for the City Corporate Yard (City Yard) are included within the City’s current planned and budgeted 5-year Capital Improvement Program. Offices for the Streets, Fleet, and Facilities Maintenance are currently located at the City Yard. The improvements will provide needed improvements, increase efficiency, and provide additional offices to accommodate moving the Parks, Trees and Landscape Item #13. Page 1
Meeting Date: 11/12/2024 / Packet Page #: 314
Division to the site.

On December 8, 2022, a Request for Proposal (RFP) was released to solicit professional services for a site analysis, conceptual plans for necessary improvements and a cost estimate. Three proposals were received in the amounts of $279,990, $353,310, and $595,439. The proposal received from IDS Group, Inc. (IDS), was in the lowest dollar amount. In addition, the City already had an On-Call Professional Service Agreement (On-Call Agreement) in place with IDS, however the On-Call Agreement was limited to a not to exceed total of $150,000 per calendar year. To expedite the start of the scope of work and utilize the in place On-Call Agreement, the City was able to modify the Scope of Work with IDS, while still including all the essential components (site analysis, conceptual and schematic design, and cost estimate) for a revised total amount of $142,677. A Notice to Proceed was then issued on May 31, 2023.

IDS performed a site analysis and determined that it would be most cost effective to demo the four existing buildings and start from scratch. This would include the construction of a new office building that includes compliant restroom facilities, break room and meeting space. Three additional shop buildings would be constructed to accommodate material storage, fleet maintenance, and working areas for the staff as described in the table below. While all existing buildings will be demolished, the existing gas pump stations will remain in place. In August of 2023, IDS provided the City with five proposed site plans; after review of the five site plans, Option 2 was selected as the preferred option. The selected option, included as Attachment B, includes four new buildings positioned in an “L” shape providing a neat and efficient traffic flow through the site. The four buildings together total 18,310 +/- square feet (SF), a considerable increase compared to the existing buildings.

BUILDING SUMMARY
Building Existing
Square Feet
Proposed
Square Feet
Occupancy
Building 1
Office
New
Construction
(2 Story)
1,203 +/- 7,500 +/-
Offices for Facility
Maintenance, Streets,
Parks, Trees, and Landscape
Building 2
Garage/
Fleet Maintenance
New
Construction 4,346 +/- 5,510 +/-
Office for Fleet Maintenance,
Garage for maintenance and
repair, Carwash Station
Building 3
Sign & Tire
Storage
Workshops
New
Construction 1,200 +/- 1,800 +/- Paint/Sign Shop and Tire Storage Building 4
Facility Shops
New
Construction 1,521 +/- 3,500 +/- Workshop space for wood and metal Total: 8,270 +/- 18,310 +/-
The next step in moving forward with completion of the City Yard improvement project is refinement of the schematic design for the selected option, CEQA analysis and preparation of final architectural, engineering and construction documents to apply for applicable permits.

With the On-Call Agreement still in place and with IDS’s knowledge of the proposed site plan, the City requested a proposal from IDS to complete the next required steps. The proposal received is included in the proposed Agreement included as Attachment C, as Exhibit “A-1” and is summarized as follows:

Project Review and Schematic Design Refinement: $ 71,836 Design Development: $213,551
Construction Documents: $325,168
Agency Review and Approvals: $ 31,802
$642,357
Item #13. Page 2
Meeting Date: 11/12/2024 / Packet Page #: 315
The timeline for the above noted scope of work is expected to be approximately eight months from the start date. The proposal also included an additional option for assistance with the RFP process for construction services, and assistance with construction oversight. The additional cost for these services is as follows:

Construction Bid Assistance: $11,752
Construction Administration: $71,472
$83,224
Professional services for design and construction documents combined with assistance for the RFP process for construction and construction administration comes to $725,581.

Preparation of Design and Construction Documents: $642,357 Construction BID Assistance and Construction Administration: $ 83,224 Total: $725,581
Staff recommends that the City Council award IDS with a Professional Service Agreement in the amount of $725,581 to facilitate the City Corporate Yard Improvement Project. While the formal procurement process was not undertaken, Glendora Municipal Code (GMC) Section 2.40.100 (Procurement of Services) provides the ability for the City to award the Agreement without a formal procurement process.

Paragraph (12) of GMC Section 2.40.100 states that “When approved by the designee, the city requires services not subject to the PCC, which are of such a nature that suitable technical or performance specifications describing them are not readily available and cannot be developed in a timely manner to meet the needs of the city, in which case the designee shall be authorized to negotiate with any person or persons for the procurement thereof upon the price, terms and conditions deemed by the designee to be in the best interest of the city and in doing so may utilize informal procurement or negotiated procurement process.” Furthermore, the requested services are not subject to the PCC’s competitive bidding requirements. Under the Public Contract Code (PCC) § 4526, architectural and engineering (A&E) services are exempt from competitive bidding requirements. Instead of the traditional bidding process, the Qualifications-Based Selection (QBS) method is used for A&E services. This process evaluates firms based on their qualifications and expertise rather than cost.

It is of staff’s opinion that as the originating firm for the conceptual design, IDS has the expertise and is the best qualified consultant for the required services. In addition, based on their proposal submitted in response to the initial RFP, IDS has demonstrated their ability to offer the best price and satisfactorily perform the City Corporate Yard Improvement Project.

The City Yard Improvements are budgeted in the City’s 5-year Capital Improvement Program with $1,046,650 budgeted for the current FY 2025. A total of $9,187,485 (including the $1,046,650 budgeted in the FY 2024-25 Mid-Cyle Budget) was estimated for the completion of the project in the 5-Year Capital Improvement Program. Early cost estimates suggest completion of the project as proposed will come to approximately $12,609,486 (Attachment D), while this number exceeds the budgeted amount, consideration should be given to the notable increase in overall building size of the proposed project. Staff will make every effort to select design features and processes aimed at reducing the dollar amount as staff continues to refine the construction documents, incorporating value engineering principles where applicable. The building total of the existing site is approximately 8,270 SF whereas the new proposed buildings will total more than double that area at 18,310 SF. An appropriation of additional funding will be requested at the time an award of construction agreement is presented to the City Council for consideration.

FISCAL IMPACT
The Adopted FY 2024-25 Mid-Cycle Budget includes $1,046,650 for this project in Capital Projects Fund 301, project number 5625101.

City Yard Improvements Project Budget $1,046,650
Preparation of Design and Construction Documents $642,357 Item #13. Page 3
Meeting Date: 11/12/2024 / Packet Page #: 316
Construction BID Assistance and Construction
Administration
$83,224
Requested expenditure including contingency $725,581
Remaining available budget $321,069
As previously noted, future costs associated with construction of the project (outside of engineering, plans, etc.) will need to be budgeted. At this time, no funding source exists for the completion of this project, and other major facility needs. As this project moves forward, staff will continue to work to identify funding for the construction phase of this and other City projects.

ENVIRONMENTAL DETERMINATION
The approval of an agreement for design and construction documents does not provide approval of the project; this item is therefore covered by the commonsense exemption under Section 15061(b)(3) of the California Environmental Quality Act.

A. Proposed City Yard Site Plan
B. Professional Services Agreement, with IDS Proposal as Exhibit “A-1” C. Preliminary Completion Cost Estimate
D. Presentation
Item #13. Page 4
Meeting Date: 11/12/2024 / Packet Page #: 317
The Glendora Corporate Yard Improvements project
consists of site and building upgrades for the city’s main yard for storage of construction material, equipment, and vehicles. The project plans for four new buildings replacing four older, obsolete buildings that will be demolished. The four new building comprise of 1) Office Building for both Facility and Maintenance staff in addition to Parks and Trees Department, 2) Fleet Maintenance Garage for
maintenance and repair of county vehicles, 3) Sign Shop and Tire Storage Building and 4) Facility Workshops for both wood and metal. The Parks and Trees Department will move to the corporate yard and will require new permanent facilities for offices and equipment storage. The site will also include a Vehicle Washing Station with a pressure
washer. The site will also have an emergency backup
generator.

The site is located along the north side of what will be the LA Metro line with single-family residential surrounding on the east, north and west sides. The main entrance is off of a cul-de-sac from St. Vladamir Street from the east side with a possible secondary entrance off of Walnut St. from the north side. An existing access gate will remain that opens up to the rail right-of-way on the southeast corner of the site. Site improvements will include the repaving of approximately 159,149 SF of existing asphalt paving.

Various subgrade utilities pass though the site including a large drainage channel (Big Dalton Wash) that bisects the site from north to south, along with domestic water, SS lines, and gas and power lines.

PROJECT DESCRIPTION
OPTION 1
OPTION 2
CLIENT: IDS G
1 PETERS CANYON ROAD, SUITE 130
IRVINE, CA. 92606
TEL: 949-387-8500, FAX: 949-387-0800

SCHEMATIC
DESIGN

GLENDORA CORPORATE YARD IMPROVEMENTS
PROJECT ADDRESS: DATE: PROJECT NO::

The City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
1250 Saint Vladimir St., Glendora,
CA 91740
January 25, 2024
THURSDAY SCALE:
22X021.01
roup
1/25/2024 1:24:48 PM
1/8" = 1'-0"
G-1

COVER SHEET
Item #13. Page 5
Meeting Date: 11/12/2024 / Packet Page #: 318

PROJECT DATA
BUILDING -1
OFFICE
BUILDING - 2

GARAGE/
FLEET MAINT.

BUILDING - 3

SIGN & TIRE

STORAGE
SHOPS
BUILDING - 4

FACILITY
SHOPS

OCCUPANCY

EXISTING
AREA S.F. BUILDING
NEW
NEW
NEW
NEW

PROPOSED
AREA S.F.
1,203 SF +/- 7,500 SF +/-
4,346 SF +/-
1,200 SF +/- 1,800 SF +/-
3,500SF +/-
LEVEL
TWO
ONE
ONE
ONE
CONST.
1,521 SF +/-
(B) BUSINESS
(S-1) STORAGE
TOTAL 8,270 SF +/- 18,310 SF +/-
GENERAL NOTES:
• ASSUME CONSTRUCTION TYPE VB. U.N.O
• ALL NEW CONSTRUCTION TO HAVE 8" CMU WALL
• SEISMIC ZONE REFERS TO STRUCTURAL DRAWINGS
• EXPANSION JOINTS AT CMU EXTERIOR WALLS AS REQUIRED
• EFER TO CIVIL DRAWINGS FOR PEDESTRIAN CROSSING STRIPING SHOWN CONNECTING BUILDING 1 SIDEWALK WITH BUILDING 2, 3 AND 4.
• THIS IS LIMITED TO SCHEMATIC DESIGN ONLY, CIVIL DRAWINGS TO FOLLOW 5,510 SF +/-
(S-1) STORAGE
(S-1) STORAGE
CODE REFRENCES:
2022 CALIFORNIA BUILDING CODE
2022 CALIFORNIA FIRE CODE
2022 CALIFORNIA PLUMBING CODE
2022 CALIFORNIA GREEN BUILDING CODE (TITLE 24)
2022 GLENDORA, CALIFORNIA MUNICIPAL CODE (TITLE 21)

BUILDING HEIGHT
32'-0"

ABOVE GRADE
22'-0"

ABOVE GRADE

VICINITY MAP

PROJECT

LOCATION
NORTH
CLIENT: IDS G
1 PETERS CANYON ROAD, SUITE 130
IRVINE, CA. 92606
TEL: 949-387-8500, FAX: 949-387-0800

SCHEMATIC
DESIGN

GLENDORA CORPORATE YARD IMPROVEMENTS
PROJECT ADDRESS: DATE: PROJECT NO::

The City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
1250 Saint Vladimir St., Glendora,
CA 91740
January 25, 2024
THURSDAY SCALE:
22X021.01
roup
1/25/2024 1:24:48 PM
As indicated
G-2

PROJECT DATA

NUMBER NAME
3-MECHANICAL/PLUMBING
MP-0.1 NOTES, LEGEND AND ABBREVIATION
MP-0.2 MECHANICAL SCHEDULE
MP-1 MECHANICAL / PLUMBING SITE PLAN
MP-2 OFFICE BLDG. 1 MECHANICAL / PLUMBING FLOOR PLANS
MP-2.1 OFFICE BLDG. 1 MECHANICAL / PLUMBING ROOF PLAN
MP-3 BLDG. 2 MECHANICAL / PLUMBING FLOOR PLAN
MP-3.1 BLDG. 2 MECHANICAL / PLUMBING ROOF PLAN
MP-4 BLDG. 3 & 4 MECHANICAL / PLUMBING FLOOR PLANS
MP-4.1 BLDG. 3 & 4 MECHANICAL / PLUMBING ROOF PLAN
4-ELECTRICAL
E-1 ELECTRICAL SITE PLAN
E-2 SINGLE LINE DIAGRAM
5-STRUCTURAL
S-1 BLDG 1 - FOUNDATION & 2ND FLOOR FRAMING
S-2 BLDG 1 - ROOF FRAMING PLAN - OPTION 1
S-2A BLDG 1 - ROOF FRAMING PLAN - OPTION 2
S-3 BLDG 2 - FOUNDATION PLAN
S-4 BLDG 2 - ROOF FRAMING PLAN - OPTION 1
S-4B BLDG 2 - ROOF FRAMING PLAN - OPTION 2
S-5 BDGG 3&4 - FOUNDATION PLAN
S-6 BDGG 3&4 - ROOF FRAMING PLAN - OPTION 1
S-6A BLDG 3&4 - ROOF FRAMING PLAN - OPTION 2

NUMBER NAME
A-1 OVERALL GROUND FLOOR PLANS
A-2 BLDG 1 - 1ST & 2ND FLOOR PLANS
A-3 BLDG 1 ROOF PLAN & 3D SECTION - OPTION 1
A-4 BLDG 1 ROOF PLAN & 3D SECTION - OPTION 2
A-5 BLDG 1 EXTERIOR PERSPECTIVES - OPTION 1
A-6 BLDG 1 INTERIOR PERSPECTIVES - OPTION 1
A-7 BLDG 1 ELEVATIONS - OPTION 1
A-8 BLDG 1 ELEVATIONS - OPTION 1
A-9 BLDG 1 SECTIONS - OPTION 1
A-10 BLDG 1 EXTERIOR PERSPECTIVES - OPTION 2
A-11 BLDG 1 INTERIOR PERSPECTIVES - OPTION 2
A-12 BLDG 1 ELEVATIONS - OPTION 2
A-13 BLDG 1 ELEVATIONS - OPTION 2
A-14 BLDG 1 SECTION - OPTION 2
A-15 BLDG 2 FLOOR PLAN
A-16 BLDG 2 ROOF PLAN - OPTION 1
A-17 BLDG 2 ROOF PLAN - OPTION 2
A-18 BLDG 2 ELEVATIONS - OPTION 1
A-19 BLDG 2 ELEVATIONS - OPTION 1
A-20 BLDG 2 SECTIONS - OPTION 1
A-21 BLDG 2 ELEVATIONS - OPTION 2
A-22 BLDG 2 ELEVATIONS - OPTION 2
A-23 BLDG 2 SECTIONS - OPTION 2
A-24 BLDG 3 & 4 FLOOR PLAN
A-25 BLDG 3&4 - ROOF PLAN OPTION 1
A-26 BLDG 3 & 4 ROOF PLAN - OPTION 2
A-27 BLDG 3 & 4 ELEVATIONS - OPTION 1
A-28 BLDG 3 & 4 ELEVATIONS - OPTION 1
A-29 BLDG 3 & 4 SECTIONS OPTION 1
A-30 BLDG 3 & 4 ELEVATIONS - OPTION 2
A-31 BLDG 3 & 4 ELEVATIONS - OPTION 2
A-32 BLDG 3 & 4 SECTIONS - OPTION 2
A-33 OVERALL SITE - ISOMETRICS - OPTION 1
A-34 COLOR AND MATERIALS

SHEET INDEX
2-ARCHITECTURAL
G-1 COVER SHEET
G-2 PROJECT DATA
G-3 BUILDING 1 - CODE ANALYSIS
G-4 BUIDING 2 - CODE ANALYSIS
G-6 SITE PLAN
D-1 SITE DEMOLITION PLAN
Item #13. Page 6
Meeting Date: 11/12/2024 / Packet Page #: 319
3 0' - 0"
100' - 0"
30' - 0"
ST. VLADIMIR STREET

COSSACKS PLACE

EXISTING

CHAIN LINK

GATE TO
REMAIN
EAST
ENTRY
SOUTH
ENTRY

FOOTHILL GOLD LINE RAIL ROAD

RESIDENTIAL

RESIDENTIAL
A-1
1 BLDG.1
BLDG.4
BLDG.3 BLDG 2
OFFICE
7,500 SF +/-

FACILITY
SHOPS
3,500SF +/-

SIGN & TIRE

STORAGE
SHOPS
1,800 SF +/-

GARAGE/
FLEET MAINT.
5,510 SF +/-
(11) 8'X20'

STORAGE

CONTAINERS

STOCKPILE
(2) 8'X40'

TRAILERS
TRASH

DUMPSTER

EXISTING
FUEL

STATION

CARWASH

STATION
16 PARKING STALLS
5 PARKING
STALLS
15 PARKING
STALLS
4 PARKING
STALLS
7 PARKING
STALLS
GATE
MOTOR

EM DIESEL
GENSET

UTILITY

TRANSFORMER

PAD MOUNT

WALL PAK
LT. TYP

EXISTING
PWR. POLE
VERIFY
5 PARKING
STALLS

BICYCLES
R 42' - 0"
R 42' - 0"
R
21' - 0"
R 15' - 0"
R 42' - 0"
R 15' - 0"
10' - 0"
typ.

R 48' - 0"
R 22' - 0"
0' 20' 40' 80' 120' 160'

VEHICULAR

TRAFFIC

DIRECTION
LEGEND

PROJECT DATA
BUILDING -1
OFFICE
BUILDING - 2

GARAGE/
FLEET MAINT.

BUILDING - 3

SIGN & TIRE

STORAGE
SHOPS
BUILDING - 4

FACILITY
SHOPS

OCCUPANCY

EXISTING
AREA S.F.

BUILDING
NEW
NEW
NEW
NEW

PROPOSED
AREA S.F.
7,500 SF +/-
1,203 SF +/-
4,346 SF +/-
1,800 SF +/- 1,200 SF +/-
3,500SF +/-
LEVEL
TWO
ONE
ONE
ONE
CONST.
1,521 SF +/-
(B) BUSINESS
(S-1) STORAGE
TOTAL 8,270 SF +/- 18,310 SF +/-

PARKING COUNT
• ADA PARKING 3 STALLS (INCLUDE 1 VAN SPACE) - CBC TABLE 11B-208.2 • STANDARD PARKING 49 STALLS
TOTAL REQUIRED 52 STALLS - CHAPTER 21.03.020 CITY OF GLENDORA EV STALLS REQUIRED 1 VAN - 2 ACCESSILE - 2 AMBULATORY

EV CHARGING STATIONS
EV CHARGING STATION - CAPABLE 13
EV CHARGING STATION 3

BICYCLES REQUIRED
LONG TERM 3 - CGBC - CHAPTER 5.106.4.1.1
SHORT TERM 1 - CGBC - CHAPTER 5.106.4.1.2

SPACE REQUIREMENTS
STANDARD SPACE SIZE 9'-0" x 20'-0"
ACCESSIBLE SPACE SIZE 9'-0" x 20'-0"
AMBULATORY SPACE SIZE 10'-0" x 20'-0"
5,510 SF +/-
(S-1) STORAGE
(S-1) STORAGE
AREA N.I.C.

ACCESSIBLE PATH OF TRAVEL

BUILDING ENTRANCE/EXIT

FIRE DEPARTMENT TURNING RADIUS
CLIENT: IDS G
1 PETERS CANYON ROAD, SUITE 130
IRVINE, CA. 92606
TEL: 949-387-8500, FAX: 949-387-0800

SCHEMATIC
DESIGN

GLENDORA CORPORATE YARD IMPROVEMENTS
PROJECT ADDRESS: DATE: PROJECT NO::

The City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
1250 Saint Vladimir St., Glendora,
CA 91740
January 25, 2024
THURSDAY SCALE:
22X021.01
roup
1/25/2024 1:24:53 PM
As indicated
G-6

SITE PLAN
1" = 40'-0"

OVERALL SITE PLAN
NORTH

IMPOUNDED
LOT
Item #13. Page 7
Meeting Date: 11/12/2024 / Packet Page #: 320
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
UP
UP
BUILDING 1
0 5' 15' 25'

PLAN KEYNOTES
1 SPLIT FACE CONCRETE BLOCKS
2 PRECISION CONCRETE BLOCKS
3 INTERIOR METAL STUD WALL
4 5 COLUMN (SEE STRUCTURAL)
6 ROLL-UP DOOR
7 WORKSTATION

STEEL STAIRS
8 COPING
9 DOWN SPOUT
10 DOOR (DARK ANODIZE FRAME)
11 WINDOW (DARK ANODIZE FRAME)
12 MECHANICAL SHAFT
13 GUTTER
14 METAL ROOF
15 CANOPY
A.1
1 A-8
A-7
2 CONFERENCE
OFFICE
OFFICE
OFFICE

OFFICEOFFICE
OFFICE

OPEN TO
BELOW
EXIT
B.1
C.1
D.1

2.1 3.1

KITCHEN
STO. ELEVATOR
ROOM
E.1

1.1 25' - 2 3/32" 25' - 2 3/32"
50' - 4 3/16"
OFFICE
4' - 4"
20' - 0" 22' - 0" 22' - 2" 20' - 0"
84' - 2"
RR
04 RR
5' - 0"
ROOF
ACCESS
LADDER
DN
1 A-9
2 A-9
A-13
1 1
1 1
09 09
09 09
15 A.1
A-7 1
1 A-8
A-7
2 A-8
2 LOCKER
ROOM
OFFICE
RR RR

CONFERENCE
ROOM

KITCHEN/

BREAKROOM
IT
OFFICE

OFFICE OFFICE OFFICE
ELEC.

LOBBY
B.1
C.1
D.1

2.1 3.1
25' - 2 3/32" 25' - 2 3/32"
20' - 0" 22' - 0" 22' - 2" 20' - 0"
ELEV.

MACHINE
ROOM
E.1

1.1 50' - 4 3/16"

ELEVATOR
84' - 2"
5' - 0"
9' - 6"
4' - 1 1/4" 5' - 0"
6' - 0"
3' - 3"
04 09 09
03 TYP. 03

RRRR RR
CANOPY
LINE
ABOVE
3' - 6"
1 A-9
2 A-9
1 09 09
CLIENT: IDS G
1 PETERS CANYON ROAD, SUITE 130
IRVINE, CA. 92606
TEL: 949-387-8500, FAX: 949-387-0800

SCHEMATIC
DESIGN

GLENDORA CORPORATE YARD IMPROVEMENTS
PROJECT ADDRESS: DATE: PROJECT NO::

The City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
1250 Saint Vladimir St., Glendora,
CA 91740
January 25, 2024
THURSDAY SCALE:
22X021.01
roup
1/25/2024 1:22:32 PM
As indicated
A-2
BLDG 1 - 1ST & 2ND FLOOR PLANS

KEY PLAN
OFFICE 9
OPEN WORKSTATION 14
NORTH
NOTES:

1. REFER TO CIVIL DRAWINGS FOR
EXTENT OF SITE 6" CONCRETE CURBS,
CURB CUTS AND SIDEWALKS.

2. PASSENGER ELEVATOR SHOWN IN
BUILDING 1 IS A HYDRAULIC TYPE,
DESIGN ASSUMES A 4'-0" SHAFT PIT
AND A 12'-7" OVERRUN EXTENDING
FROM THE SECOND FINISHED FLOOR.
1/8" = 1'-0"
2ND FLOOR PLAN - OFFICE BLDG. 1
1/8" = 1'-0"
1ST FLOOR PLAN - OFFICE BLDG. 1
Item #13. Page 8
Meeting Date: 11/12/2024 / Packet Page #: 321
CLIENT: IDS G
1 PETERS CANYON ROAD, SUITE 130
IRVINE, CA. 92606
TEL: 949-387-8500, FAX: 949-387-0800

SCHEMATIC
DESIGN

GLENDORA CORPORATE YARD IMPROVEMENTS
PROJECT ADDRESS: DATE: PROJECT NO::

The City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
1250 Saint Vladimir St., Glendora,
CA 91740
January 25, 2024
THURSDAY SCALE:
22X021.01
roup
1/25/2024 1:22:50 PM
A-10
BLDG 1 EXTERIOR PERSPECTIVES -
OPTION 2
Item #13. Page 9
Meeting Date: 11/12/2024 / Packet Page #: 322
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK

PLAN KEYNOTES

SPLIT FACE CONCRETE
BLOCKS 1
2 PRECISION CONCRETE BLOCKS
3 INTERIOR METAL STUD WALL
4 5 COLUMN (SEE STRUCTURAL)
6 ROLL-UP DOOR
7 WORKSTATION

STEEL STAIRS
8 COPING
9 DOWN SPOUT
10 DOOR (DARK ANODIZE FRAME)
11 WINDOW (DARK ANODIZE FRAME)
12 MECHANICAL SHAFT
13 GUTTER
14 METAL ROOF
15 ROOF CRICKET
16 SKYLIGHT
18 LADDER
0 5' 15' 25'
A-18
1 A-19
1 A-19
2 A-18
2 1.2 2.2 2.6 3.2 5.2 6.2 7.2 8.2 2.5
152' - 0"

CARWASH STATION

FLEET MAINTENANCE AREA
OFFICE

STORAGE
AIR

COMPRESSOR /

MECHANICAL ROOM
21' - 4" 9' - 4" 20' - 0" 20' - 0" 20' - 0" 20' - 0" 20' - 0" 21' - 4"

STORAGE

BUILDING COLOR LEGEND
BUILDING -2
06 01
14' - 0" 20' - 0"
D.F

RRRR JANITOR
1 A-20
2 A-20
49' - 4"
31' - 10" 17' - 0"
EQ EQ
BUILDING 2
CLIENT: IDS G
1 PETERS CANYON ROAD, SUITE 130
IRVINE, CA. 92606
TEL: 949-387-8500, FAX: 949-387-0800

SCHEMATIC
DESIGN

GLENDORA CORPORATE YARD IMPROVEMENTS
PROJECT ADDRESS: DATE: PROJECT NO::

The City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
1250 Saint Vladimir St., Glendora,
CA 91740
January 25, 2024
THURSDAY SCALE:
22X021.01
roup
1/25/2024 1:22:59 PM
As indicated
A-15
NORTH BLDG 2 FLOOR PLAN
1/8" = 1'-0"
FLOOR PLAN - BLDG 2

KEY PLAN
Item #13. Page 10
Meeting Date: 11/12/2024 / Packet Page #: 323
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
V EN O A PLİK
BUILDING 1
0 5' 15' 25'
A-27
1 A-28
1 A.3-4 A.3-4
C.3-4 C.3-4
B.3-4 B.3-4
2 A-29
A-28 2
WORKSHOP 2 WORKSHOP 1

ELECTRICAL
ROOM

OFFICE SHELVES SHELVES

STORAGE

SWITCHED
BOARD
2'X6'
ATS
2'X2'

DISTRIBUTION
BOARD

PAINT SHOP
TIRE

STORAGE
WORK
TABLE

1.3 2.3 3.4 6.4 7.4 8.4 9.4
21' - 4" 21' - 4"

STORAGE
WORK
TABLE
WORK
TABLE
WORK
TABLE
WORK
TABLE
WORK
TABLE
13 06 06
06 06

CONCRETE

PAD AND

BOLLARDS
6' - 0"
22' - 0"
35' - 3" 35' - 3"
6' - 0"
1 A-29

PLAN KEYNOTES
1 SPLIT FACE CONCRETE BLOCKS
2 PRECISION CONCRETE BLOCKS
3 INTERIOR METAL STUD WALL
4 5 COLUMN (SEE STRUCTURAL)
6 ROLL-UP DOOR
7 WORKSTATION

STEEL STAIRS
8 COPING
9 DOWN SPOUT
10 DOOR (DARK ANODIZE FRAME)
11 WINDOW (DARK ANODIZE FRAME)
12 MECHANICAL SHAFT
13 GUTTER
14 METAL ROOF
15 CANOPY
CLIENT: IDS G
1 PETERS CANYON ROAD, SUITE 130
IRVINE, CA. 92606
TEL: 949-387-8500, FAX: 949-387-0800

SCHEMATIC
DESIGN

GLENDORA CORPORATE YARD IMPROVEMENTS
PROJECT ADDRESS: DATE: PROJECT NO::

Glendora City CouncilNovember 12, 2024

Glendora City Council
November 12, 2024