Glendora City Council
January 14, 2025

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Item #12. Page 32
Meeting Date: 1/14/2025 / Packet Page #: 265
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Item #12. Page 33
Meeting Date: 1/14/2025 / Packet Page #: 266
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Item #12. Page 34
Meeting Date: 1/14/2025 / Packet Page #: 267
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






Item #12. Page 35
Meeting Date: 1/14/2025 / Packet Page #: 268
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






Item #12. Page 36
Meeting Date: 1/14/2025 / Packet Page #: 269
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Item #12. Page 37
Meeting Date: 1/14/2025 / Packet Page #: 270
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






Item #12. Page 38
Meeting Date: 1/14/2025 / Packet Page #: 271
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Item #12. Page 39
Meeting Date: 1/14/2025 / Packet Page #: 272
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Meeting Date: 1/14/2025 / Packet Page #: 274
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Item #12. Page 42
Meeting Date: 1/14/2025 / Packet Page #: 275
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Item #12. Page 43
Meeting Date: 1/14/2025 / Packet Page #: 276
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Item #12. Page 44
Meeting Date: 1/14/2025 / Packet Page #: 277
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Item #12. Page 45
Meeting Date: 1/14/2025 / Packet Page #: 278
WATER VALVE EXERCISER TRUCK
PUBLIC WORKS
CITY COUNCIL
JANUARY 14TH ,2024
STEVE FLORES, EQUIPMENT MAINTENACE SUPERVISOR
Item #12. Page 46
Meeting Date: 1/14/2025 / Packet Page #: 279

BACKGROUND
• SOURCEWELL COOPERATIVE PURCHASING AGREEMNT
• THE AMERICAN WATER WORKS ASSOCIATION (AWWA) RECOMMENDS THAT ALL WATER UTILITIES INITIATE A VALVE EXERCISE PROGRAM THAT REQUIRES ALL VALVES SUCH AS DISTRIBUTION AND TRANSMISSION VALVES AND AIR VALVES TO BE INSPECTED AND OPERATED ON A REGULAR BASIS.

Item #12. Page 47
Meeting Date: 1/14/2025 / Packet Page #: 280

PURPOSE
• Ensure distribution system reliability
• Develop predictive maintenance programs
• Ensure water quality control
Item #12. Page 48
Meeting Date: 1/14/2025 / Packet Page #: 281

RECOMMENDATION
UTHORIZE THE PURCHASE OF ONE (1) 2023 FORD F-450 WITH PV100- PT1000 VALVE EXERCISER BODY FROM NATIONAL AUTO FLEET GROUP BASED IN WATSONVILLE, CA FOR $267,451.10, INCLUDING TAXES AND FEES.

Item #12. Page 49
Meeting Date: 1/14/2025 / Packet Page #: 282

STAFF REPORT
TO: Mayor and Council Members DATE: January 14, 2025
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Approve Amendment No. 3 to the Agreement for Contractual Services between George E. Booth Co., LLC and the City of Glendora dated September 8, 2020, for supervisory control and data acquisition (SCADA) system maintenance services for the Water Division, extending the term of the agreement for one year and increasing the contract sum to an amount not to exceed $397,759

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 3 to the Agreement for Contractual Services with George E. Booth Co., LLC for supervisory control and data acquisition (SCADA) system maintenance services, extending the term of the agreement for an additional one-year period, and increasing the contract sum to an amount not to exceed $397,759; and

2. Authorize the City Manager or his designee to execute Amendment No. 3 with George E. Booth Co., Inc. including minimal and/or non-substantive changes.

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

EXECUTIVE SUMMARY
The Public Works Water Division has partnered with George E. Booth Co., LLC (GEB) for the maintenance and management of its critical Supervisory Control and Data Acquisition (SCADA) system, which ensures the proper operation of pumps, wells, and reservoirs to maintain safe water levels for the community. The SCADA system allows remote monitoring and efficient management of the water infrastructure, thereby reducing the need for constant on-site oversight. In June 2020, the city selected GEB through a qualification-based selection process, considering their expertise with the Water Division’s equipment and cost-effectiveness. GEB has been providing reliable SCADA services to the Division for several years.

The City Council initially approved a contract with GEB in September 2020 for SCADA maintenance in an amount not to exceed $78,000. As the system's demands grew, the contract was amended in August 2022 to $223,759 and again in May 2023 to $273,759 to accommodate expanding services. Now, staff seeks approval for a third amendment to increase the contract by $124,000, bringing the total contract amount to $397,759, and extending the agreement through June 2025. This adjustment reflects the ongoing needs of the Water Division, including infrastructure assessments and further SCADA system upgrades.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Public Works Water Division has partnered with GEB as the supplier for its essential Supervisory Control and Data Acquisition (SCADA) system, which plays a critical role in monitoring and managing pumps, wells, reservoirs, and pressure throughout the municipal water system. This system ensures proper water levels are maintained, safeguarding the health and safety of water customers. SCADA Item #13. Page 1
Meeting Date: 1/14/2025 / Packet Page #: 283
Staff Report Page 2 of 3
enables staff to remotely monitor and verify the efficient operation of the water system around the clock, eliminating the need for constant on-site presence while pumps and wells are in operation.

In June 2020, City staff used a qualification-based selection process for the Request for Proposal for SCADA system maintenance to streamline additional maintenance of the SCADA system. Upon review, staff chose GEB based on their level of experience, knowledge, and expertise with the equipment utilized by the Water Division. GEB has successfully provided these services for the Water Division for several years.

On September 8, 2020, City Council awarded the Contract Services Agreement for SCADA System maintenance services to GEB in an amount not to exceed $78,000 for the period beginning July 1, 2020 through June 30, 2023. On August 23, 2022, staff went back to council to request to increase the contract amount to $223,759 as the scope of work had expanded and to accommodate the ongoing demands of the system that included additional services calls and infrastructure assessment. Additionally, GEB updated system controls for the chemical metering pumps at the City’s chlorination feed facilities including providing hardware, modifying the remote telemetry unit programming, graphics, trending, alarming, and updating controls on several service connection sites.

On May 9, 2023, City Council awarded the amendment to the Contact Services Agreement for the SCADA System maintenance services to GEB increasing the contract sum to $273,759 and extending the term of the agreement for an additional one-year period through June 30, 2024. The scope for the amendment included the on-going water infrastructure assessment and service call requests to collect pertinent SCADA information for the city.

DISCUSSION
The Public Works Water Division relies on a Supervisory Control and Data Acquisition (SCADA) system to monitor and manage pumps, wells, reservoirs, and pressure, ensuring proper water levels for customer health and safety. For 29 years, the City of Glendora has upgraded its SCADA system to meet state requirements and city demands. To streamline maintenance and upgrades, the Water Division has secured a contract with George E. Booth Co. LLC (GEB), allowing for annual planning and strategic improvements. This partnership ensures system reliability, forecasting, and steady enhancements with a trusted single vendor.

The current agreement with GEB was executed in September 2020 to provide SCADA system maintenance services. Approval of the agreement established a contract term of three (3) years with the option of two (2) additional one-year extensions subject to the approval of the City Council. The original agreement established a not to exceed amount of $78,000. The agreement has been amended twice as noted below:
 Amendment No. 1, approved by the City Council on August 23, 2022, increased the contract amount from $78,000 to $223,759 to update the system controls for the chemical metering pumps.  Amendment No. 2, approved by the City Council on May 9, 2023, increased the contract amount from $223,759 to $273,759 to support the ongoing water infrastructure assessment and emergency service call requests.

The scope of work and services needed from this vendor has continued to expand for FY 2024/25. This includes additional service calls to accommodate the on-going water infrastructure assessment. GEB has been called out collect pertinent SCADA information for the city. Additionally, they will continue updating the SCADA controls for the chemical metering pumps at the City’s chlorination feed facilities including providing hardware, modifying the remote telemetry unit (RTU) programming, and updating SCADA graphics, trending, and alarming.

City council approval of Amendment No. 3 will allow the Water Division to continue utilizing GEB for the necessary maintenance and upgrades of the SCADA system, including the replacement of the antiquated Item #13. Page 2
Meeting Date: 1/14/2025 / Packet Page #: 284
Staff Report Page 3 of 3
server platform with an ICONICS Genesis64 SCADA server. The updated server allows city staff to guard against outages or failures and increases system reliability so that the Water Division does not lose valuable production time. Currently, the total contract sum is $273,759. Staff is requesting to increase this amount by $124,000 for a total combined contract sum of $397,759 over the life of the agreement. This amendment will also extend the term of the agreement for an additional one-year period through June 30, 2025.

FISCAL IMPACT
Sufficient funding is available in the Adopted FY 2024/25 Mid-Cycle Budget for Supervisory Control and Data Acquisition (SCADA) system to monitor and manage the pumps, wells, reservoirs, and pressure within the municipal water system in the Water Operations Fund (501), account number 50170640-53560.

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 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
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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 (“City”) and THE GEORGE E. BOOTH CO, INC., an Indiana 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 08, 2020 (“Agreement”) whereby Contractor agreed to provide Supervisory Control and Data Acquisition (SCADA) System Maintenance Services.

B. City and Contractor now desire to amend the Agreement to increase the contract sum from $78,000 to $223,759.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay 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 $78,000 (Seventy Eight Thousand Dollars) $223,759 (Two hundred Twenty-three Thousand Seven Hundred Fifty-nine) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

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.

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.

August
23rd







 








Item #13. Page 31
Meeting Date: 1/14/2025 / Packet Page #: 313
01240.0001/535314.1 -2-
City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

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

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]








 








Item #13. Page 32
Meeting Date: 1/14/2025 / Packet Page #: 314
01240.0001/535314.1 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
______________________________________ ______________________________________ William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:
______________________________________
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

THE GEORGE E. BOOTH CO, INC.

By: __________________________________
Name: Scott Young
Title: President
By: __________________________________
Name: Brian Kinnick
Title: Director of Operations
Address:

The George E. Booth Co, Inc.
8202 W, 10th Street
Indianapolis, IN 46214
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. 






 








Aug 8, 2022 | 2:52 PM PDT
Aug 5, 2022 | 4:48 AM PDT
Aug 24, 2022 | 9:25 AM PDT
Item #13. Page 33
Meeting Date: 1/14/2025 / Packet Page #: 315
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA (“City”) and THE GEORGE E. BOOTH CO, INC., an Indiana Corporation (“Contractor”) is effective as of the ____ day of _______, 2023.

RECITALS
WHEREAS, City and Contractor entered into that certain Agreement for Contractual Services dated September 8, 2020 (“Agreement”) whereby Contractor agreed to provide Supervisory Control and Data Acquisition (SCADA) System Maintenance Services; and WHEREAS, City and Contractor entered into certain Amendment No. 1 to the Agreement for Contractual Services dated August 23, 2022 (“the Agreement”), whereby the parties amended Exhibits 2.1 of the Agreement; and
WHEREAS, 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 and increase the contract sum from $223,759 to $273,759.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

2.1 Contract sum. Subject to any limitation set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” Rate Schedule 2023-2024 and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $223,759 (Two hundred Twenty-three Thousand Hundred Fifty-nine) $273,759 (Two Hundred Twenty-three Thousand Seven Hundred Fifty-nine) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
“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 as 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 provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term.”
EXHIBIT “C” SCHEDULE OF COMPENSATION – SECTION
“Rate Schedule attached within as Exhibit C-1 rates within bid shall be considered firm for the duration of the contract. (July 1, 2020 through June 30, 2023 July 1, 2023 through June 30, 2024). There shall be no escalation 











 





Item #13. Page 34
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George E Booth – Amendment No. 2 -2-
upon rates until the yearly renewal period. Upon yearly renewal, rates may be altered to meet current rates should that be necessary. The City reserves the right to accept or reject yearly renewal rates containing escalation stipulations as it deems to be in the best interest of the City.

EXHIBIT “C-1” SCHEDULE OF PERFORMANCE replace the original Exhibit C-1 “Rate Schedule” with the attached Exhibit C-1 “Rate Schedule 2023-2024.”

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 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.

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. 2.

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]













 


Item #13. Page 35
Meeting Date: 1/14/2025 / Packet Page #: 317
George E Booth – Amendment No. 2 -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
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

THE GEORGE E BOOTH CO., INC
Name: Scott Young
Title: President
[email protected]
Name: Brian Kinnick
Title: Director of Operations
[email protected]

Address: 8202 W, 10th Street
Indianapolis, IN 46214
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

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

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












 

































Item #13. Page 36
Meeting Date: 1/14/2025 / Packet Page #: 318
Addendum to “Exhibit C”
2023-2024 Rate Schedule

QUOTED PROJECT RATE
Standard, non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM). $135.00 per hour

PANEL SHOP / CAD RATE
$125.00 per hour (4-hour minimum billing)

TELEPHONE, REMOTE ACCESS PROGRAMMING AND CONSULTATION

SERVICES RATE
$135.00 per hour (half hour minimum billing)
SERVICE CALL RATES – Billing hours begin upon point of dispatch to arrival back to point of origin.

Mileage will not be billed.

Service Call: Non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM) $150.00 per hour
Emergency Service Call*: Non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM)
$202.50 per hour
*Emergency Service pertains to non-scheduled work that falls during a normal business day. An example
of an Emergency Service Call is if a GEB technician is scheduled and/or en-route to another customer or
project site and immediate service is required.

After Hours Service Call: Non-standard business day hours or weekend service $270.00 per hour
Holiday Service Call**
$337.50 per hour
**GEB Observed Holidays: New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve MATERIAL MARKUP: 15%
TRAVEL EXPENSES: Cost + 5% (Hotel, food, etc. expenses incurred due to overnight stay) 











 


Item #13. Page 37
Meeting Date: 1/14/2025 / Packet Page #: 319
AMENDMENT NO. 3

TO CONTRACT SERVICES AGREEMENT
THIS AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT
(“Amendment No. 3”) is made by and between the CITY OF GLENDORA (“City”) and GEORGE E. BOOTH CO. LLC, an Indiana limited liability company (“Consultant”) effective as of the _____ day of __________, 2025.

RECITALS
A. City and Consultant entered into that certain Contract Services Agreement, dated September 8, 2020 (“Original Agreement”) whereby Contractor agreed to provide certain Supervisory Control and Data Acquisition (SCADA) System Maintenance services to the City; and
B. City and Consultant entered into that certain Amendment No. 1 to the Original Agreement, dated August 23rd, 2022 (“Amendment No. 1”), whereby the parties agreed to increase the contract sum from $78,000 to $223,759; and
C. City and Consultant entered into that certain Amendment No. 2 to the Original Agreement, dated May 9, 2023 (“Amendment No. 2”; the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2 is referred to herein as the “Agreement”), whereby the parties agreed to an amended Exhibit “C” and increased the contract sum from $223,759 to $273,759; and
D. 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 $273,759 (Two Hundred Seventy-Three Thousand Seven Hundred Fifty-nine) $397,759 (Three Hundred Ninety-Seven Thousand Seven Hundred Fifty-Nine Dollars (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
b. Section 3.4 (Term) of the Agreement shall be revised as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) calendar year from June 30, 2024, the date hereof, on the date of June 30, 2025 (the “Term”), except otherwise provided in the Schedule of Docusign Envelope ID: 3FC6466F-9A77-4085-9A6B-BB4D86C0A8D3 Item #13. Page 38
Meeting Date: 1/14/2025 / Packet Page #: 320
Amendment No. 3 – George E. Booth (SCADA) 01.14.2025 2
Performance (Exhibit “D’). The City Manager may, in its at his/her sole discretion, extend the Term for up to five (5) one (1) four (4) additional one-year term(s) periods provided the Consultant Office 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-1” (Schedule of Compensation) attached to the Agreement shall be revised to include the rate schedule attached hereto as Addendum to 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.

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

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

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

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

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 No 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment No. 3 may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment No. 3 based on the form of signature.

Docusign Envelope ID: 3FC6466F-9A77-4085-9A6B-BB4D86C0A8D3 Item #13. Page 39
Meeting Date: 1/14/2025 / Packet Page #: 321
Amendment No. 3 – George E. Booth (SCADA) 01.14.2025 3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 effective as of 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:

GEORGE E. BOOTH CO. LLC
Name: Scott Young
Title: President
Email Address: [email protected]
Name: Brian Kinnick
Title: Director of Operations
Email Address: [email protected]
Address: 8208 W. 10th Street, Indianapolis, IN 46214
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

Docusign Envelope ID: 3FC6466F-9A77-4085-9A6B-BB4D86C0A8D3 Dec 18, 2024 | 3:21 PM EST
Dec 18, 2024 | 12:11 PM PST
Item #13. Page 40
Meeting Date: 1/14/2025 / Packet Page #: 322
ADDENDUM TO EXHIBIT “C-1”
Docusign Envelope ID: 3FC6466F-9A77-4085-9A6B-BB4D86C0A8D3 Item #13. Page 41
Meeting Date: 1/14/2025 / Packet Page #: 323

STAFF REPORT
TO: Mayor and Council Members DATE: January 14, 2025
FROM: Community Development DISTRICT(S): Citywide
SUBJECT: Second Reading and Adoption of Ordinance No. 2093 Amending Chapters 10.76 (Street Vending) and 10.77 (Sidewalk Vending) of the Glendora Municipal Code Pertaining to the Regulation of Sidewalk Vendors

RECOMMENDATION
That the City Council:

1. Waive full reading, read by title only, and adopt on second reading Ordinance 2093 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE GLENDORA MUNICIPAL CODE CHAPTERS 10.76 (STREET VENDING) AND 10.77 (SIDEWALK VENDING) TO UPDATE THE CITY OF GLENDORA’S REGULATORY PROGRAM APPLICABLE TO STREET AND SIDEWALK VENDORS.”

STRATEGIC FOCUS AREAS
 Not Applicable

EXECUTIVE SUMMARY
On September 10, 2024, staff presented a report to the City Council regarding community preservation enforcement. The report discussed sidewalk vending, the California Safe Sidewalk Vending Act, and the City’s sidewalk vending regulations in Section 10.77 of the Glendora Municipal Code (GMC). Pursuant to this report, the City Council directed staff to move forward with the recommendations, including revisions to GMC 10.77.

Ordinance 2093 amending GMC 10.77 was introduced for first reading by a unanimous vote at the December 10, 2024, City Council meeting, and the second reading and adoption was scheduled for the January 14, 2025, City Council meeting.

A resolution amending the City’s master fee schedule for Street and Sidewalk vending will be taken to the City Council for consideration separately.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
California’s Safe Sidewalk Vending Act, also known as Senate Bill (SB) 946, 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 sidewalk vendor as someone who sells food or merchandise on a sidewalk or pedestrian path but does not apply to food trucks or anything with a motor.

SB 946 allows local authorities to:
 Adopt non-criminal laws to protect public health, safety, and welfare;  Develop guidelines and infrastructure to formalize the sidewalk vending industry; and  Support and facilitate sidewalk vendors.

Item #14. Page 1
Meeting Date: 1/14/2025 / Packet Page #: 324
Staff Report Page 2 of 2
In December of 2019, the City of Glendora adopted Ordinance 2046 establishing a permitting and regulatory program consistent with SB 946.

On June 11, 2024, the City Council directed Staff to prepare a report to discuss Community Preservation/Code Enforcement and the City’s sidewalk vendor regulations and permitting program.

On September 10, 2024, Staff presented a report, which included recommendations to revise GMC 10.77 (Sidewalk Vending). Pursuant to the discussion, the City Council directed staff to prepare an ordinance incorporating the recommended revisions.

On December 10, 2024, the City Council introduced for first reading the proposed ordinance amending the regulatory program pertaining to street and sidewalk vendors. The City Council approved the first reading of Ordinance 2093 by a vote of 5 to 0.

DISCUSSION
Pursuant to State law, an ordinance must be presented to the governing body twice for adoption.

Following the second reading, an ordinance summary will be published in the San Gabriel Valley Examiner and become effective 30 days after adoption.

FISCAL IMPACT
Implementation of the ordinance involves staff time to update application forms and processes related to the proposed code revisions. Implementation of the impounding provisions requires the creation and adoption of new fees to the Master Fee Schedule (will return to council in a separate report). Additional expenses will involve translation of new application and code related materials from English to Spanish, and staff time to distribute information to sidewalk vendors. Costs are not anticipated to exceed staff, legal, and contract services adopted budgets.

ENVIRONMENTAL DETERMINATION
Adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, section 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment). The proposed ordinance maintains the status quo and prevents directly related changes in the environment. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt.

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

A. Ordinance
B. Notice of Summary for Publication
Item #14. Page 2
Meeting Date: 1/14/2025 / Packet Page #: 325
ORDINANCE NO. 2093

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GLENDORA, CALIFORNIA AMENDING TITLE 10 (VEHICLES AND
TRAFFIC) OF THE GLENDORA MUNICIPAL CODE, CHAPTERS 10.76 (STREET VENDING) AND 10.77 (SIDEWALK VENDING) TO UPDATE THE CITY OF GLENDORA’S REGULATORY PROGRAM APPLICABLE

TO STREET AND SIDEWALK VENDORS

THE CITY COUNCIL
City of Glendora, California
WHEREAS, Governor Brown approved Senate Bill 946 (“SB 946”) which, effective as of January 1, 2019, amended Chapter 6.2 to the California Government Code to prohibit criminal prosecution of sidewalk vendors (as defined in SB 946), and precluded local agencies from broadly prohibiting or limiting the total number of sidewalk vendors, and conferred limited authority on local agencies to regulate sidewalk vendors within their jurisdictions; and, WHEREAS, on January 14, 2020, the City of Glendora adopted Ordinance 2046 establishing a regulatory program applicable to sidewalk vendors to implement SB 946; and, WHEREAS, on June 11, 2024, the City Council directed staff to prepare a report to discuss the status of Community Preservation/Code Enforcement and the City’s sidewalk vendor regulations and permitting program; and,
WHEREAS, on September 10, 2024, staff presented a report, which included recommendations to revise GMC 10.77 (Sidewalk Vending), and pursuant to the discussion the City Council directed staff to prepare an ordinance incorporating the recommended revisions; and, WHEREAS, the City Council declares that the provisions of this Ordinance are intended to address deficiencies in the sidewalk vendor regulatory program as they relate to public health, safety, and welfare objectives and concerns.

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

SECTION 1. The following Section of Title 10, Chapter 10.76 STREET VENDING of the Glendora Municipal Code is hereby amended as shown with unaltered text provided for context and the added text provided in bold italics and deleted text in strikethrough as follows.

10.76.030 Permit Approval.

The street vendor permit shall be approved, conditionally approved or denied by the director of community development or designee based on whether the following criteria have been met:
(1) Payment of all applicable fees.
(2) Receipt and approval by the city attorney of certificates of insurance and endorsements for at least five hundred thousand dollars combined single limit, certifying as to adequate liability insurance for the specific street vending business which the street vendor will work for or owns, including coverage for all individuals, property and vehicles to be used in the street vending. If a Item #14. Page 3
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street vendor will not be using a vehicle or commercial vehicle to street vend, then the certificate of insurance will not be required. Evidence of insurance as required by the City’s risk manager. (3) A finding that the street vendor has not been found guilty or pled no contest to any of the following within the past five years: a crime of moral turpitude; a drug-related misdemeanor or felony, including but not limited to, the sale of a controlled substance; the sale, distribution or display of obscene matter; indecent exposure; selling or disposing of lottery tickets; gambling; or bookmaking.
(4) A finding that, on, or after, the later of the date of the adoption of the ordinance codified in this chapter or the year immediately prior to the application, the street vendor has not had a street vendor permit revoked or been found guilty of a violation of this chapter. (5) Accurate completion of the application.

The decision of the director of community development or designee is final.

If the street vendor permit application is approved, the city shall issue a street vendor permit and street vendor identification card to each street vendor. The street vendor identification card shall include a photograph of the street vendor. The street vendor permit and street vendor identification card will be valid for a period of one year and must be renewed on or before the one year anniversary of the issuance of the permit if the street vendor wishes to continue street vending in the city. Nothing contained in this section shall be deemed to exempt or grant a waiver of any requirement set forth in Chapter 5.08 of this code.

Any person found to have misrepresented any information on the application will not be eligible to apply for a street vendor permit for a period of one year.

SECTION 2. The following Sections of Title 10, Chapter 10.77 SIDEWALK VENDING of the Glendora Municipal Code are hereby amended as shown with unaltered text provided for context and the added text provided in bold italics and deleted text in strikethrough as follows.

Chapter 10.77

SIDEWALK VENDING

10.77.010 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"City" means the city City of Glendora.
"Director" means director of community development or its designee. "Emergency vehicle access" means the roadway path or other surface that provides police or fire safety vehicular access from the dispatched point of origin to a facility, building, parcel, park or Item #14. Page 4
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portion thereof. Emergency vehicle access includes, but is not limited to, fire lanes, public and private streets, parking lot lanes, access roadways, and walkways. "Food" means any item provided Health and Safety Code Section 113781, or any successor section.
"Merchandise" means any item(s) that can be sold and immediately obtained from a sidewalk vendor that is not considered food, including, but not limited to, souvenirs, toys, articles of clothing, and flowers. Items for rent shall not be considered merchandise. "Park" means any area dedicated or established as a public park owned or operated by the City. "Pathway" means a paved path or walkway for pedestrian travel, other than a sidewalk. "Person" means any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.
"Public property" means all property owned or controlled by the city City, including, but not limited to, an alleys, parks, pathways, streets, parking lots, sidewalks, and/or walking trails. "Roaming sidewalk vendor" means a sidewalk vendor who operates by traveling from place to place and stops only to complete a transaction.
"Sidewalk" means a public sidewalk or paved pedestrian path specifically designed for public pedestrian travel.
"Sidewalk vending device" means a pushcart, stand, pedal-driven cart, display, wagon, showcase, rack or non-motorized conveyance.
"Sidewalk vendor" or "vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a sidewalk or pathway within the city City, which term shall include a roaming sidewalk vendor and stationary sidewalk vendor as defined herein. "Sidewalk vending" refers to any commercial activity conducted by a sidewalk vendor. “Special event permit” means a permit issued for the temporary use of, or encroachment on, a sidewalk or other public area, including a “special outdoor display event.” "Special outdoor display event" refers to that meaning set forth in Glendora Municipal Code Section 5.32.010.
"Stationary sidewalk vendor" means a sidewalk vendor who operates from a fixed location. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.

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10.77.020 Permit required—Applicability.

A. No person shall engage in any sidewalk vending activities without first obtaining a sidewalk vendor permit in accordance with the provisions of this chapter from the director, or designee. Permit decisions by the director or designee shall be final.

B. The requirements of this chapter shall not apply to the following persons:

1. Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

2. Solicitors, as described in Glendora Municipal Code Section 5.14.010.

3. Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks or street vendors, which are regulated pursuant to Glendora Municipal Code Section 10.76.

10.77.030 Permit application process and application fee.

A. An application for a sidewalk vending permit shall include the following information:

1. The applicant's name, current mailing address, and telephone number;

2. A copy of a valid California's driver's license or identification number, an individual taxpayer identification number, or a social security number. An applicant for a business license or permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the city City shall accept a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order;

3. Each individual sidewalk vendor must have his or her own permit. In addition, if the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and the name, address, and telephone number of the person in charge of any roaming sidewalk vendors, and sidewalk vending activity;

4. Two prints of a recent passport size photo of the applicant;

5. Whether the vendor(s) intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

6. A description of the merchandise and/or food to be offered for sale;

7. The number of sidewalk vending devices the sidewalk vendor will operate under the permit and a description and a photograph of each and every sidewalk vending device and trash receptacle to be used (including the dimensions of carts or other conveyances);

8. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required, which shall be maintained during the pendency of the sidewalk vendor's permit; Item #14. Page 6
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9. If a vendor of food, proof of all required approvals from the Los Angeles County Department of Public Health;

10. A description, map, or drawing of the specific location(s) (if a stationary sidewalk vendor) or route of travel (if a roaming sidewalk vendor) where the vendor intends to operate.

11. If a stationary sidewalk vendor, the day(s) and hours of operation at the specified location(s).

12.10. Evidence of insurance as required of street vendors as stated in Glendora Municipal Code Section 10.76.030(2) by the City’s risk manager.

13.11. The applicant's acknowledgment that the sidewalk vendor's use of public property is at their own risk, the city City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at his or her own risk.

14.12. The applicant's certification that, to his or her knowledge and belief, the information contained in the application is true and acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws.

B. Application and Permit Fees. Applications shall not be accepted unless accompanied by payment of an application fee that the city City council may establish by separate resolution in an amount not to exceed the city’s City's reasonable cost of providing the services required by this chapter. The application and permit are only applicable to the individual(s) named on the application.

10.77.040 Operating requirements.

All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:

A. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor device or carried by the sidewalk vendor. Food and merchandise shall not be displayed less than two feet or more than five feet off the ground. Food and merchandise shall not be stored, placed, or kept on any public property.

B. All sidewalk vendors that prepare or sell food must be in compliance with all Los Angeles County and state of California permitting and licensing requirements for the preparation or sale of food.

C. The overall space taken up by the sidewalk vendor device shall not exceed the size requirements provided for in this section. Sidewalk vendors shall not set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of their stand where such terms have not been described by their application and approved in their sidewalk vendor permit.

D. The sidewalk vendor permit shall always be displayed conspicuously on the sidewalk vending device or upon the side-walk vendor's person. If multiple sidewalk vendors are staffing a sidewalk vendor device or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner.

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E. Sidewalk vendors shall not leave their sidewalk vending device unattended to solicit business for their sidewalk vending activities. Sidewalk vending devices shall not be stored on public property and shall be removed when not in active use by a vendor.

F. All sidewalk vendors shall allow any city City official at any time, to inspect their sidewalk vending device for compliance with the size requirements of this chapter and to ensure the safe operation of any heating elements used to prepare food.

G. Sidewalk vending devices While in operation, a sidewalk vendor shall not occupy a space exceeding four feet in length and three in width including all sidewalk vending devices and equipment, but excluding the space the sidewalk vendor’s own person occupies. exceed a maximum total height of three feet, a total width of three feet, and a total length of three feet.

H. A sidewalk vendor may have one City-approved umbrella or other shade structure if attached to a vending device that does not exceed four feet in width or length, and eight feet in height as measured from the ground.

I.H. If a sidewalk vending device requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending device shall be within five feet of the device when conducting sidewalk vending activities.

J.I. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending device and shall not empty their trash into public trash cans. The size of the food vendor's trash container shall be considered when assessing the total size limit of a sidewalk vending device. All sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash, refuse or spillage from their operation. All sidewalk vendors shall immediately clean up any food, refuse, grease or other fluid or items related to sidewalk vending activities that fall on public property.

K.J. Stationary sidewalk vending activities may only occur on sidewalks with an eight-foot minimum width. All vending activities must maintain a four-foot minimum accessible and unobstructed clearance for pedestrians, including sidewalk vending devices and customer queuing area.

L.K. Sidewalk vendors shall comply with the following noise standards:

1. It is unlawful for any sidewalk vendor to shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound-amplifying system while vending where such sound exceeds the city’s City's noise standards as set forth Chapter Glendora Municipal Code Section 9.44.

2. No sidewalk vendor shall operate or permit the operation of any sound amplification system to advertise, to draw attention to the presence of the sidewalk vendor or to communicate commercial information to the general public, except to request emergency assistance or warn of a hazardous situation.

M.L. Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or vehicles illegally parked or stopped. Sidewalk vending activities may only sell to pedestrians and may not sell to, or attempt to sell to, any customers located in any vehicles.

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N.M. In residential areas, roaming sidewalk vendors may only operate between the hours of eight a.m. and six p.m., Monday through Friday, inclusive and between ten a.m. and six p.m. on weekends and holidays. Stationary vendors may not operate in areas that are zoned exclusively residential.

O.N.In commercial or mixed-use areas, both sidewalk and stationary sidewalk vendors may only operate between eight a.m. and nine p.m., or as consistent with the hours of operation of the businesses on that same street, seven days a week.

10.77.050 Prohibited activities and locations.

A. Sidewalk vendors shall comply with all operating conditions, including those conditions set forth in Glendora Municipal Code Section 10.77.040.

B. Sidewalk vendors shall not engage in any of the following activities:

1. Renting merchandise to customers;

2. Displaying merchandise or food that is not available for immediate sale;

3. Selling of adult-oriented material, illegal or counterfeit merchandise, tobacco, marijuana, smoke or vaping products, live animals, weapons, pharmaceuticals, and/or alcohol.

4. Using an open flame that is not covered by a top.

C. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

1. Within fifteen twenty five feet of a:
a. Fire hydrant;
b. Curb which has been designated as yellow or red zone or a transit stop; c. Vehicle Ddriveway or entrance/exit, alley or street corner; and d. Bike racks, benches, bus transit stops or similar public use.

2. Within 50 fifty feet of:
a. Another sidewalk vendor or street vendor; and
b. An active construction zone.

3.2. On any designated emergency vehicle access way.

4.3. On any public property that does not meet the definition of a sidewalk, except as otherwise stated in subsection D below.

5.4. Within one hundred feet of a sidewalk or other public area designated for a special outdoor display event, parade permit, swap meet, certified farmers' market, filming, or encroachment issued by the city City, during the limited duration of the permit.

6.5. On any private property without the express written consent of the owner or lessee of the Item #14. Page 9
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property.

7.6. Any location that would impede entering or exiting a parked vehicle.

8.7. Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities at any park where the city City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

9.8. Within one hundred feet of any public safety facility, including without limitation police stations, first responder locations, and fire stations.

10. Within one hundred feet of any property line of any property on which school, church, or cemetery is located.
119. On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act.

12.10. Sidewalk vending devices shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic barriers.

D. Sidewalk vendors may be permitted to operate upon sidewalks in parks owned or operated by the city City. However, no stationary sidewalk vendor may operate in a city City-owned or city City-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

10.77.060 Permit nontransferable.

A sidewalk vending license permit shall not be transferable to any person or be valid for vending operations in any location(s) other than that location designated on in the license permit for the term stated.

10.77.070 Violations and penalties.

A. Any violation of this chapter or any term of a sidewalk vendor's permit, except a violation for operating without a required sidewalk vendor's permit, is punishable only as follows:

1. An administrative fine not exceeding one hundred dollars for a first violation.

2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

4. Rescission of the sidewalk vendor's permit for the remaining term of that permit upon the fourth violation or subsequent violations within one year of the first violation.

5. Any subsequent application for a sidewalk vendor permit from a sidewalk vendor who has been found in violation of the provisions of this chapter shall not be approved for one year after the fourth violation or subsequent violations within one year after such fourth violation.

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B. A violation for operating without a required sidewalk vendor's permit is punishable only as follows:

1. An administrative fine not exceeding two hundred fifty dollars for a first violation.

2. An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.

3. An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.

4. Any application for a sidewalk vendor permit from a sidewalk vendor who has been found to be in violation of the provisions of this chapter shall not be approved for one year after the second violation or subsequent violations within one year after such second violation.

C. Upon proof that a sidewalk vendor possesses the required sidewalk vendor's permit, any administrative fine imposed pursuant to subsection B of this section for operating without a required sidewalk vendor's permit shall be reduced to the applicable fine amount set forth in subsection A of this section.

D. Notwithstanding any other provision of this section, all fines imposed pursuant to this section shall be subject to an ability-to-pay determination as described in Government Code Section 51039(f), and as amended. Concurrent with issuance of any citation for administrative fines pursuant to this section, the citing officer shall provide the sidewalk vendor with notice of his or her right to request an ability-to-pay determination, and shall make available to the sidewalk vendor instructions or other materials for requesting the ability-to-pay determination.

E. Notwithstanding any other provision of this code, no violation of this chapter shall be punished as a criminal offense.

10.77.080 Ability-to-pay determinations.

A. When assessing an administrative fine under this chapter, the city City will take into consideration a person's ability to pay the fine. Furthermore:

1. Any fine issued under this chapter will be accompanied by notice of and instruction regarding a person's right to request an ability-to-pay determination.

2. A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

B. If a person is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the person's administrative fine will be limited to twenty percent of the amount assessed according to the fee schedules in Section

5.122.110(8). The city City may also take the following actions:

1. Allow the person to complete community service in lieu of paying the total administrative Item #14. Page 11
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fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

10.77.090 Vending Devices, Merchandise, and Equipment Impounded A. In order to protect the health, safety, and welfare of sidewalk vendors, patrons, and the general public, the City may impound a sidewalk vendor’s vending device, food, equipment and any goods therein used in violation of this chapter, and/or any other applicable city, Los Angeles County or state law for the following reasons:

1. Merchandise displayed, offered, or made available for sale by a sidewalk vendor who does not hold a valid sidewalk vendor permit from the City;

2. Displaying or selling merchandise or food in violation of this chapter and applicable federal, state, county, or city laws, ordinances, and regulations, including but not limited to illegal or counterfeit merchandise, alcohol, tobacco, marijuana, smoke or vaping products, adult oriented material, live animals, weapons, and/or pharmaceuticals;

3. Food displayed, offered, or made available for sale including equipment used by a sidewalk vendor without holding a valid and displayed health permit from the Los Angeles County Department of Public Health in violation of City, county or state law;

4. The sidewalk vending device, merchandise, or equipment reasonably appear to be unattended or abandoned on public property for more than thirty consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible persons within fifty feet of the vending device, merchandise, or equipment;

5. Merchandise displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter, and refuses or fails to provide identification;

6. Operation in violation of this chapter and refusal or failure by a sidewalk vendor to comply within thirty consecutive minutes after being instructed to do so by a City code enforcement officer, or other City official;

7. Merchandise displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that block or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of four feet of accessible path of travel, without obstruction, so as to enable persons to freely pass while walking, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990; or

8. Merchandise or equipment creating an imminent and substantial danger or environmental hazard to health, safety, or general welfare of the public or property at the location of the sidewalk vending device such as, but not limited to, discharge of oil, grease or other slippery substances on the street or sidewalk; using unapproved cooking equipment, heating element, gas-fueled appliances, generator, or any open flame; Item #14. Page 12
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attaching or using any water lines, electrical lines, or gas lines; during an urgent or emergency public safety event or incident; using any luminaire, flashing lights or any other animated devices or sign; or using, operating or permitting any radio, loudspeaker or other device for the producing or reproducing of sound.

B. Prior to commencing an impoundment action under the preceding paragraph A, a City code enforcement officer or other City official must issue a verbal warning to the sidewalk vendor operating in violation of this chapter. An impoundment action will proceed only if the sidewalk vendor fails or refuses to comply with the verbal warning within the time specified or, if no time is specified, within a reasonable time.

C. The City may immediately dispose of impounded merchandise that is perishable and/or cannot be safely stored.

D. Sidewalk vending devices, merchandise or equipment impounded pursuant to this section, excluding those items that were immediately disposed of according to

10.77.090(C), shall be held by the City for not more than sixty days from the date of impoundment.

E. The City shall provide the person from whom the vending device, merchandise or equipment were impounded with a receipt and instructions for retrieval of the impounded items, excluding those items that were immediately disposed of according to

10.77.090(C). The receipt and instructions shall be given to the person from whom the items were taken at the time of impound or shall be mailed within two business days of the impound to the address received by the City when the person applied for a sidewalk vending permit.

F. Impounded vending devices, merchandise, and equipment, excluding any items that were disposed of according to 10.77.090(C), will be released to the sidewalk vendor or owner provided that proper proof of ownership is presented, and the City receives payment in full of all administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the City after 60 days following impoundment. The City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.

G. An aggrieved sidewalk vendor may, within 21 calendar days of the impoundment, appeal the impoundment of their items by filing a written request for appeal with the City’s Police Chief. The request for appeal shall to the best of the appellant’s knowledge contain, at a minimum, the following information:

1. The date and time the items were removed by the City;

2. The location from which the items were removed by the City;

3. If appellant is not the person to whom a receipt and instructions for retrieval was issued, proof of ownership of the items removed by the City;

4. A brief statement explaining why the removal was improper.

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H. If successful in their appeal, the sidewalk vendor may have their items returned, excluding any items that were immediately disposed of according to 10.77.090(C), any appeal fee paid by the sidewalk vendor shall be refunded, and the sidewalk vendor shall not be required to pay the impound fee(s).

I. A sidewalk vendor may recover impounded sidewalk vending device or equipment, excluding any items immediately disposed of according to 10.77.090(C), upon paying applicable impound fees and demonstrating proper proof of ownership of the items.

J. The City Council may adopt by ordinance or resolution impound fees, which shall reflect the City’s personnel, enforcement, investigation, storage, disposal, and impound costs.

K. The City Manager is authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.

SECTION 3. Severability clause: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 4. Repealer Clause: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect.

SECTION 5. Effective Date: The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC Cal. Govt. Code § 40806). This Ordinance shall be effective on the thirtieth (30th) day after its adoption by the City Council
PASSED, APPROVED and ADOPTED this ___ day of January, 2025.

City Council of Glendora, California
BY: __________________________________

DAVID FREDENDALL
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney
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CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 10th day of December, 2024. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of January, 2025, by the following roll call vote:

AYES: MEMBERS: Allawos, Davis, Elias, Fredendall and Thompson.

NOES: MEMBERS: None.

ABSENT: MEMBERS: None.

ABSTAIN: MEMBERS: None.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
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PUBLIC NOTICE

SUMMARY OF PROPOSED ORDINANCE
AS PRESCRIBED BY GOVERNMENT CODE SECTION 36933 (c) (1)
NOTICE IS HEREBY GIVEN THAT at their meeting held December 10, 2024, the Glendora City Council introduced for first reading, Ordinance No. 2093, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE GLENDORA MUNICIPAL CODE, CHAPTERS 10.76 (STREET VENDING) AND 10.77 (SIDEWALK VENDING) TO UPDATE THE CITY OF GLENDORA’S REGULATORY PROGRAM

APPLICABLE TO STREET AND SIDEWALK VENDORS
Which if approved, will amend several sections of Glendora Municipal Code Title 10 (Vehicles and Traffic).

The ordinance enacts the following regulations and policies:

1. Modifies prohibited locations to address the safety of vehicle operators and pedestrians.

2. Revises application requirements for a Sidewalk Vendor Permit.

3. Revises Sidewalk Vendor operating standards to address the size and configuration of vending devices.

4. Adds a section authorizing the city to impound vending devices and equipment for code violations.

5. Updates the standards for liability insurance.

The City Council will consider adoption of said ordinance at their meeting to be held January 14, 2025, at 7:00 p.m., in the Council Chamber, 116 E. Foothill Boulevard, Glendora.

A full text copy of the ordinance may be reviewed in the Office of the City Clerk of the City of Glendora at Glendora City Hall, 116 E. Foothill Boulevard, California, and online at www.cityofglendora.org under public notices.

Said ordinance will become effective 30 days after adoption.

The foregoing Ordinance was introduced for first reading at the Regular Meeting of the Glendora City Council by the following roll call vote:

AYES: COUNCILMEMBERS: Allawos, Davis, Elias, Fredendall, and Thompson.

NOES: COUNCILMEMBERS: None.

ABSENT: COUNCILMEMBERS: None.

Dated this 11th day of December, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published in San Gabriel Valley Examiner: December 19, 2024 Item #14. Page 16
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STAFF REPORT
TO: Mayor and Council Members DATE: January 14, 2025
FROM: City Manager DISTRICT(S): Not Applicable
SUBJECT: Conduct the Annual Review of City Council Appointments to Various Regional Organizations as City Representatives/Delegates and adopt proposed Resolution appointing delegates and alternates for 2025

RECOMMENDATION
That the City Council:

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

DELEGATES AND ALTERNATES TO VARIOUS REGIONAL BOARDS AND COMMITTEES THAT THE CITY OF GLENDORA IS A MEMBER FOR 2025 AND RESCIND RESOLUTION CC 2024-

41.”

STRATEGIC FOCUS AREAS
 Not Applicable

EXECUTIVE SUMMARY
Historically, after each City Council reorganization, the City Council reviews and makes changes as to which members and/or staff members are appointed as delegates and alternates to various “regional” boards and committees where the City of Glendora is a voting member.

This process is the responsibility of the City Manager, who works with Council Members to facilitate this review and presents proposed changes for City Council consideration. Three assignments are regulated during the City Council reorganization process as they require the delegate to be Mayor. Specifically, these include the City Selection Committee (Government Code 50270), County Sanitation District (Health and Safety Code 4730), and the Metro Gold Line Foothill Extension Construction Authority (Resolution CC 2021-43).

The attached resolution (Attachment A) and list of regional appointees (Attachment B) will enact appointments a by the City Council for 2025.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Regional appointments are annually reviewed and adopted by resolution by the City Council shortly following the City Council’s reorganization.

The City Council reorganization for the Glendora City Council occurred at the December 10, 2024, City Council Meeting, at which time David Fredendall was appointed Mayor and Michael Allawos was appointed Mayor Pro Tem for the 2025 term. Where applicable, hese changes were automatically incorporated into the regional list of appointments and the notice of City Council reorganization was sent to each regional organization.

DISCUSSION
Annually, the City Manager prepares a report for City Council consideration that proposes updates of which City Council members and/or staff members are appointed as a delegate and/or alternate to such Item #15. Page 1
Meeting Date: 1/14/2025 / Packet Page #: 340
Staff Report Page 2 of 3
organizations as the League of California Cities – LA County Division; San Gabriel Valley Council of Governments; and Independent Cities Association as examples.

As part of the City’s membership in these regional organizations, the City Council is asked or required to appointment individuals that will sit on their governing/executive boards and provide guidance via their votes. Each City Council member must vote in accordance with the City’s policies and legislative direction. The City’s participation in these groups, along with groups where the City might not have a predesignated voting voice, are regional groups which focus on many regional and local issues of importance to the San Gabriel Valley and Glendora.

It should be noted that assignments to the City Selection Committee and County Sanitation District No. 22 are regulated by California Codes and require the Mayor to serve as the delegate representative. In addition, per Resolution CC 2021-43, the assignment to the Metro Gold Line Foothill Extension Construction Authority JPA requires the Mayor to serve as the alternate representative each year, unless the Mayor is the Delegate, at which time the City Council will select an Alternate.

The City Council Reorganization for the Glendora City Council occurred at the December 10, 2024 City Council Meeting, at which time David Fredendall was appointed Mayor and Michael Allawos was appointed Mayor Pro Tem for 2025, these changes were automatically incorporated into the regional list of appointments and a notice of City Council reorganization was sent to each regional organization. The attached resolution (Attachment A) and list of regional appointees (Attachment B) will enact the newly appointed Mayor as assignments to the City Selection Committee, County Sanitation District No. 22, and Metro Gold Line Foothill Extension Construction Authority JPA as required.

In addition to the required changes outlined above, the following additional changes have been requested and have been incorporated into the proposed Resolution and list of Regional Appointments for 2025:

1. Appointments to the San Gabriel Valley Council of Governments (COG) Governing Board shall have Michael Allawos continue to serve as delegate, and Karen Davis shall serve as alternate.

2. Appointments to the Southern California Association of Governments (SCAG) Board shall be Shaunna Elias as a delegate, and Michael Allawos will continue to serve as alternate.

3. Appointments to the San Gabriel Valley Protective Association shall have David Fredendall continue to serve as delegate, and Shaunna Elias shall serve as alternate.

4. Appointments to the Glendora Chamber of Commerce Board of Directors shall have Mendell Thompson continue to serve as delegate, and Shaunna Elias shall serve as alternate.

5. Appointments to the California Contract Cities Association (CCCA) shall have David Fredendall continue to serve as delegate, and Shaunna Elias shall serve as alternate.

6. Appointments to the SGV Community Collaborative Association (works with National Forest) shall have David Fredendall continue to serve as delegate, and Shaunna Elias shall serve as alternate.

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

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

Prepared By Adam Raymond, City Manager
Concurs With Not Applicable
Reviewed By Adam Raymond, City Manager
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Item #15. Page 2
Meeting Date: 1/14/2025 / Packet Page #: 341
Staff Report Page 3 of 3
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Resolution
B. List of Regional Appointments (Exhibit A of Resolution) Item #15. Page 3
Meeting Date: 1/14/2025 / Packet Page #: 342
RESOLUTION CC 2025-____

A RESOLUTION OF THE CITY COUNCIL APPOINTING CERTAIN

ELECTED OFFICIALS AND STAFF MEMBERS TO VARIOUS
REGIONAL AND LOCAL BOARDS AND COMMITTEES FOR 2025 AND
RESCIND RESOLUTION CC 2024-41

THE CITY COUNCIL
City of Glendora, California
WHEREAS, annually the City Council reviews and makes certain appointments to various regional and local boards and committees of which the City is a member or has a community interest in; and,
WHEREAS, assignments to the City Selection Committee per CA Government Code Section 50270 and County Sanitation District No. 22 per California Health and Safety Code Section 4730 required the sitting Mayor to be the delegate representative; and, WHEREAS, the San Gabriel Valley Council of Governments bylaws require the City legislative body to formally adopt a resolution specifically indicating the delegate and alternate representing the City to be assigned to their governing body; and, WHEREAS, the Independent Cities Risk Management Authority (ICRMA), a joint powers authority created pursuant to the provisions of the California Government Code, the Joint Powers Agreement provides that the legislative body adopt a resolution specifically indicating the city’s delegate, alternate and substitute alternate representatives to the ICRMA Governing Board to represent the city’s interest; and,
WHEREAS, on August 24, 2021, per City Council Policy (Resolution CC 2021-43), the City Council approved the Mayor to be the Alternate to Metro Gold Line Foothill Extension Construction Authority (JPA) each year, unless the Mayor is the Delegate, at which time the City Council will select an Alternative.

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

SECTION 1. The attached (Exhibit A) listing of Board and Committee appointments has been reviewed and accepted by the City Council indicating various persons and titles assigned to represent the interest of the City of Glendora.

SECTION 2. Mayor shall serve as alternate to the Metro Gold Line Foothill Extension Construction Authority JPA unless the Mayor is the delegate, at which time the City Council will select an alternate.

SECTION 3. Mayor shall serve as delegate to the City Selection Committee, County Sanitation District No. 22 and Metro Gold Line Foothill Extension Construction Authority JPA.

SECTION 4. Appointments to the San Gabriel Valley Council of Governments (COG) Governing Board shall have Michael Allawos continue to serve as delegate, and Karen Davis shall serve as alternate.

Item #15. Page 4
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Resolution CC 2025-__ Page 2 of 4
SECTION 5. Appointments to the Southern California Association of Governments (SCAG) Board shall be Shaunna Elias as a delegate, and Michael Allawos will continue to serve as alternate.

SECTION 6. Appointments to the San Gabriel Valley Protective Association shall have David Fredendall continue to serve as delegate, and Shaunna Elias shall serve as alternate.

SECTION 7. Appointments to the Glendora Chamber of Commerce Board of Directors shall have Mendell Thompson continue to serve as delegate, and Shaunna Elias shall serve as alternate.

SECTION 8. Appointments to the California Contract Cities Association (CCCA) shall have David Fredendall continue to serve as delegate, and Shaunna Elias shall serve as alternate.

SECTION 9. Appointments to the SGV Mountain Community Collaborative shall have David Fredendall continue to serve as delegate, and Shaunna Elias shall serve as alternate.

SECTION 10. The appointments of delegates and alternates to all other regional and local boards and committees shall remain unchanged.

SECTION 11. Authorize City Clerk to update and post FPPC Form 806 Agency Report of Public Official Appointments.

SECTION 12. 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 13. The City Clerk is hereby directed to forward a copy of this resolution to the various bodies listed indicating the appointments as approved by the City Council action.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Glendora this __ day of January, 2025.

BY:

DAVID FREDENDALL
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney
Item #15. Page 5
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Resolution CC 2025-__ Page 3 of 4

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the _____ day of January, 2025, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #15. Page 6
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Resolution CC 2025-__ Page 4 of 4

EXHIBIT A
List of Regional Appointments for 2025
(Reference Attachment B)
Item #15. Page 7
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2025 APPOINTMENTS TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

CITY OF GLENDORA
MAYOR/COUNCIL COMMITTEE ASSIGNMENTS: Delegate Alternate Substitute
Alternate
City Selection Committee Fredendall *Designated by Mayor N/A Hall of Administration, 500 W. Temple St, Room B-50, LA 90012 (Mayor Req'd / handled via Council Reorg) (if required) Meets: December for chair selection; once a year as needed Loc.: TBD (varies)
• Representative must be Mayor (per above Gov’t. Code)
• Transition handled through the City Council reorganization process and is automatic (Send Notice of Reorg to regional organizations within 24 hours of completion) Sanitation District of LA County District No. 22 Fredendall Allawos N/A 1955 Workman Mill Road, Whittier 90601 (Mayor Req'd / handled via Council Reorg) Meets: 1:30 p.m., 4th Wednesday of the month
Loc.: 1955 Workman Mill Road; Whittier
• Mayor is delegate per Section 4730 of California Health & Safety Code • 700 Form Filers: Delegate & Alternate (Southtec Efiling Sytem) • Any Council Member may serve as the alternate
• Transition handled through the City Council reorganization process and is automatic (Send Notice of Reorg to regional organizations within 24 hours of completion) Foothill Transit Governing Board Thompson* Fredendall* N/A 100 S. Vincent Ave. #200, West Covina 91790 *Effective December 10, 2024 Meets: 7:45 a.m., as needed
Loc.: Transit Offices - 100 S. Vincent Ave. #200, West Covina • To coordinate efforts of planning, contracting for & operating public transit • 700 Form Filers: Delegate & Alternate (LAC Efiling Sytem) • City designates who will be representative
Metro Gold Line Foothill Extension Construction Authority (JPA) Thompson Fredendall N/A 406 E. Huntington Dr #202, Monrovia 91016 (Mayor Required to serve as delegate or alternate) Meets: 11:30 a.m., 2nd Thursday of the month
Loc.: Maria Dalton Community Room - Enter thru 404 E. Huntington Drive • Must be a member of the City Council • 700 Form Filers: Delegate & Alternate (NetFile Efiling Sytem) • To participate in planning, funding, design and construction of the Gold Line Phase II • Four (4) year term, No limit on number of terms • Annual dues as determined annually by Member Cities
• Per City Council Resolution the Alternate shall be the Mayor each year, unless the Mayor is the Delegate, at which time the City Council will select and Alternative (CC Reso 2021-43; dated 9/14/2021) Metro Gold Line Foothill Extension Construction Authority Executive Board Thompson (Term: March 1, 2023 - March 1, 2025) • Appointments made by SGVCOG (Appointed by SGVCOG, not by Council) Independent Cities Risk Management Authority (ICRMA) Admin Services Human Resources Risk Mgmt 18201 Von Karman, Suite 200; Irvine, CA 92612 Director Asst Director Administrator Meets: 10:00 a.m., 2nd Wednesday of Feb/Apr/Jun/Aug/Oct/Dec Loc.: Host City
• Delegate may be an elected official. Alternate and substitute alternate may be a City staff member (Bylaws Aug 2007) • 700 Form Filers: Delegate & Alternate (Unknown Efiling Sytem) • Provides insurance programs to member cities, officers, employees and property against unavoidable losses thru pooling of losses, self-insurance and purchasing insurance. • Conference expenses reimbursed-must attend all sessions of conference • Dues: required to be member of ICA for enrollment in ICRMA San Gabriel Valley Council of Governments (COG) Governing Board Allawos Davis N/A 1000 S. Fremont Ave., Unit 42, Building A-10, Suite 10210, Alhambra 91803 Meets: 4:00 p.m., third Thursday of the month
Loc.: COG OFFICE: 1333 S Mayflower, Suite 360, Monrovia, 91016 • To provide regional and cooperative planning and consideration of government services in the San Gabriel Valley. • 700 Form Filers: Delegate & Alternate (LAC Efiling Sytem) • Agency membership dues based on population • Must adopt Resolution naming representatives • Representatives appointed to Board of Directors MUST SERVE as Delegate or Alternate on COG • Must be an elected official
SGVCOG Board of Directors/Sub-Committees
San Gabriel Valley Regional Housing Trust (SGVRHT) JPA Davis (Term Exp: 2025) N/A N/A Board of Directors (Elected through SGVCOG, not appointed by Council) • Representatives appointed to Board of Directors MUST SERVE as Delegate or Alternate on COG • 700 Form Filers: Delegate & Alternate (LAC Efiling Sytem) • Seven members from jurisdictions that are parties to the Agreement (i.e. any city or the County of Los Angeles); and • Two members that are experts in housing or homeless policy.

SGVCOG Homelessness Davis Human Servs Sup
Meets: 8:30 a.m., first Wednesday of the month (not appointed by Council) Loc.: SGVCOG Monrovia Office, 3rd Floor (1333 S. Mayflower Ave, Suite 360, Monrovia, CA 91016 SGVCOG Energy, Environment, and Natural Resources (EENR) Committee (former Water Policy Committee) Allawos Fredendall N/A Meets: TBD (not appointed by Council)
Loc.: SGVCOG Monrovia Office, 3rd Floor (1333 S. Mayflower Ave, Suite 360, Monrovia, CA 91016 Note: 2024 June - Water Policy Committee decommissioned and merged with SGVCOG Energy, Environmental, and Natural Resources (EENR) Committee SGVCOG Capital Projects and Construction Committee (CPCC) Allawos* Public Works Director Meets: 11:00 a.m., first Monday of the month *Date TBD with timing of City COG Projects Loc.: SGVCOG Monrovia Office, 3rd Floor, 1333 S. Mayflower Ave, Suite 360, Monrovia, CA 91016 (not appointed by Council) 2024.06.10 Fredendall said he would serve as alternate and Allawos could serve as delegate Southern California Association of Governments (SCAG) Board Elias Allawos N/A 900 Wilshire Blvd., Ste. 1700, Los Angeles, CA 90017
Meets: General Assembly meetings annually in May
Loc.: TBD
• To promote economic growth, personal well-being and livable communities in Southern California • 700 Form Filers: Conference Attendees ONLY (See Special Circs) (LAC Efiling Sytem) • SPECIAL CIRCUMSTANCES: Representatives only required to file 700 Form if they attend General Assembly Mtg (Required to File a Assuming/Leaving Stmt after General meeting has ended • Agency membership dues based on population
SCAG Board of Directors/Sub-Committees
SCAG Regional Council District #33 Representative NA (Term: M/D/YY -M/D/YY) N/A N/A (Elected by SCAG, not appointed by Council)
• For jurisdictions make up District #33 (Azusa, Covina, Glendora and Irwindale) Elias running for election to BOD in 2025 • In counties where 2+ cities are incorporated, this Committee appoints city representatives to certain boards, commissions and agencies as prescribed by law (Section 50270, CA Govt Code) City Council Reorg: Dec 10, 2024
Regional Appt Revised: Jan __, 2025; Reso CC 2025-__ (Yearly Review) 1 of 3
Item #15. Page 8
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2025 APPOINTMENTS TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

CITY OF GLENDORA
MAYOR/COUNCIL COMMITTEE ASSIGNMENTS: Delegate Alternate Substitute
Alternate
Independent Cities Association (ICA) Fredendall Davis N/A 17404 Ventura Blvd, 2nd Fl, Encino, CA 91316
Meets: 7:00 p.m., 2nd Thursday of the month
Loc.: Varies each month
• Agency membership dues are 5 cents per capita, based on State Department of Finance's population • Delegate must be an Elected Official • Representatives attend General membership meetings Feb, Jul, and Sept only • To advocate the best interests of cities League of California Cities – LA Division (CalCities) Davis Allawos N/A 1400 K Street, Suite 400, Sacramento, 95814
Meets: 6:00 p.m., 1st Thursday of Jan., Mar, Aug (annual installation dinner), Oct (annual conference/division mtg) & Dec (all cities holiday dinner) Loc.: Varies
• To maintain a central office of information and research for matters pertaining to City government and to influence legislation that affects cities • Agency membership dues required • Delegate must be an elected official
Cal Cities Sub-Committee
Cal Cities Fire Insurance Working Group/Sub-Committee Fredendall N/A N/A Governance, Transparency and Labor Relations Policy Committee Allawos N/A N/A San Gabriel Valley Protective Association Fredendall Elias N/A 725 N. Azusa Ave, Azusa 91702
Meets: April of each year
Loc.: TBD
• To work with local, state and federal agencies on the use of the natural flow of water in the San Gabriel River, its branches and tributaries. • Designees are water industry professionals
Glendora Community Coordinating Council Davis Fredendall N/A P.O. Box 693, Glendora 91740
Meets: 12:00 p.m., 2nd Mondays of month (No Mtgs in Jul & Aug) Loc.: Continental Restaurant, 316 E. Route 66, Glendora • To provide assistance to those in the community that are less fortunate (i.e. The Holiday Basket Program, Campership Program for Kids) • Youth Recognition Award recognizing outstanding students’ service to the community • Humanitarian Award recognizing citizens’ service to the community Glendora Chamber of Commerce Board of Directors Thompson Elias N/A 224 N. Glendora Avenue, Glendora 91741
Meets: 7:30 a.m., 3rd Wednesday of the month
Loc.: America's Christian Credit Union - 2100 E. Route 66; Glendora, CA • To promote local business, economic and civic services • Attend monthly board meetings & misc. “mixers” & special events California Contract Cities Association (CCCA) Fredendall Elias N/A 17315 Studebaker Rd. #210; Cerritos, CA 90703
Meets: Third Wednesday of the Month at 6pm
Loc.: Varies
• To serve as a rallying point for cities contracting for municipal services so that we ensure our constituents the best service at the minimum cost • Offer municipal seminars, education, opportunities to exchange of ideas and information, our association combines resources to influence policy decisions affecting our member cities San Gabriel Valley Water Association (SGVWA) Wittkopf Fredendall NA 725 N. Azusa Ave, Azusa 91702 PW Director
Meets: 11:30 a.m., last Monday of the Month
Loc.: TBD
• To promote water quality and influence water related legislation • Designees are generally water industry professionals
SGVWA Sub-Committees
San Gabriel Valley & Lower Los Angeles Mountains Conservancy Fredendall N/A N/A (Appointed by SGV Water Assoc., not Council)
• Appointed by SGV Water Association • 700 Form Filers: Delegate & Alternate (LAC Efiling Sytem) SGV Mountain Community Collaborative (works with National Forest) Fredendall Elias Meets:

Loc.:

San Gabriel Valley Mosquito & Vector Control District Board of Trustees (SGVMVCD) Jackie Doornik (Term: 1/1/2024-12/31/2028) 1145 N. Azusa Canyon Road, West Covina, CA 91790
Meets: 7:00 a.m., 2nd Friday of the month
Loc.: Same as Above
• Council appoints to either two (2) year term or four (4) year term • To protect residents of the San Gabriel Valley from mosquito-borne diseases and adopt policies through which the District operates. • Attend monthly meetings • The term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority (CA Health and Safety Code Section 2024 (a)) • SGVMVC District’s Nepotism Policy prohibits appointing a person to a position if that person is an immediate family member of a current Trustee or current employee. • Give Quarterly updates to the Glendora City Council during regularly scheduled council meetings held on the 4th Tuesday of the months of January, April, July and October.

City Council Reorg: Dec 10, 2024
Regional Appt Revised: Jan __, 2025; Reso CC 2025-__ (Yearly Review) 2 of 3
Item #15. Page 9
Meeting Date: 1/14/2025 / Packet Page #: 348
2025 APPOINTMENTS TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

CITY OF GLENDORA
MAYOR/COUNCIL COMMITTEE ASSIGNMENTS: Delegate Alternate Substitute
Alternate
ORGANIZATIONS WITHOUT CITY COUNCIL APPOINTED DELEGATES:

These Organizations typically select representative, not regulated by City Council. Staff and Council Members may voluntarily attend meeting, but the City has no designated positions.

San Gabriel Basin Water Quality Authority (WQA Board Members) Jorge Marquez • Appointments made by WQA
• Representing Cities with Prescriptive Pumbing Rights - San Gabriel Water Basin • Election for WQA Board Member and Alternate Member
San Gabriel Valley Economic Partnership (Board) N/A N/A 4900 Rivergrade Road, Ste. B130, Irwindale, CA 91706
Meets: 8:30 a.m., Bi-monthly held on the 2nd Wednesday (Dark: August) Loc.: 4900 Rivergrade Road, Training Room 2, Irwindale, CA 91706 • To promote local business, economic and civic services Three Valleys Metropolitan Water District N/A N/A
1021 East Miramar Ave., Claremont, CA 91711
Meets: 8:00 a.m., 1st & 3rd Wednesday's of the month
Loc.: 1021 East Miramar Ave., Claremont, CA 91711
• Member Agency to MWD
• To supplement & enhance local water supplies to meet the region's needs in a reliable & cost-effective manner City Council Reorg: Dec 10, 2024
Regional Appt Revised: Jan __, 2025; Reso CC 2025-__ (Yearly Review) 3 of 3
Item #15. Page 10
Meeting Date: 1/14/2025 / Packet Page #: 349

STAFF REPORT
TO: Mayor and Council Members DATE: January 14, 2025
FROM: Community Development DISTRICT(S): Citywide
SUBJECT: Amended By-Laws of the Glendora Village Business Improvement District (BID) Advisory Board

RECOMMENDATION
That the City Council:

1. Approve the Amended By-Laws of the Glendora Village Business Improvement District (BID) Advisory Board.

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

EXECUTIVE SUMMARY
The Glendora Village Business Improvement District (BID) was formed in 2009 pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) The purpose of the BID is to promote the Glendora Village and support the physical, economic, and social development of the Glendora community.

Pursuant to the City’s 2023-2025 Strategic Plan, the City Council adopted several objectives related to the Village, including changes to the City’s administrative and management support of the BID. To memorialize these changes, on June 25, 2024, City Council approved a Memorandum of Understanding (MOU) assigning management of the BID to the Glendora Chamber of Commerce (Chamber).

Under the management of the Chamber, the BID Advisory Board (BID Board) is working to update its programming to promote the Glendora Village. Recently, the BID Board voted to update their operating By-Laws. The BID’s By-Laws serve as its governing document, providing a set of rules and regulations that guide the day-to-day operations and decision-making processes. The BID Board adopted their ByLaws in 2009, which have not been amended since that time.

To better serve its membership, the BID Board approved amended By-Laws to update management and establish autonomy from the City. This report summarizes significant changes to the BID’s By-Laws.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In 2009, the City Council adopted an ordinance adding Chapter 5.40 to the Glendora Municipal Code (GMC) establishing the BID, as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) In April 2023, the City Council adopted objectives and tasks in the 2023-2025 Strategic Plan including changes to BID administration. At a special meeting held on June 13, 2024, the BID Board recommended that the City Council approve the MOU between the City and the Glendora Chamber of Commerce for the management and operation of the BID. On June 25, 2024, the City Council approved the MOU.

Item #16. Page 1
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Staff Report Page 2 of 3
On July 9, 2024, the City Council adopted Ordinance 2088 establishing the delegation of administration of the BID and amended Section 2.18.050 “Appointment” of Chapter 2.18 into the GMC.

At their meeting on October 3, 2024, the BID Board approved changes to the By-Laws. The City Attorney subsequently made recommendations for the BID Board to review and consider at their next meeting.

On December 5, 2024, the BID Board approved the amended By-Laws.

DISCUSSION
The amended By-Laws include administrative and substantive changes. Following is a summary:
 Document Title
o Changed from “By-Laws of the Glendora Village Business District” to “By-Laws of the Glendora Village Business Improvement District Advisory Board”  Article I: Name
o A section added that establishes the Glendora Chamber of Commerce (224 N. Glendora Ave.) as the principal office for the management of the BID.  Article II: Purpose
o Added language to clarify the BID Board was established by the City pursuant to the GMC.  Article III: Members
o Added language to define the term “member” per Ordinance 1922. Language was also added to confirm that the Ordinance may be amended from time to time.  Article IV: Meetings
o Changed meeting requirement from six times a year to monthly (generally the first Thursday of the month).
o Designated the Board Chairperson, or any three Board members, to call special meetings.

Removed the Mayor.
o Added a subsection to the existing “Special Meetings” section to include emergency meeting protocol.
 Article V: Assessments
o No substantial changes
 Article VI: Board Members
o Removed requirement that BID Board members be appointed by the City Council.

Replaced by a process lead by the BID Board Selection Committee. o Added requirement: BID Board members that have served two consecutive terms must take a one-year hiatus before they are eligible for appointment to the BID Board. o Added requirement: Member must be in good standing or on a payment plan to serve on the Board.
o Revised number of unexcused absences from three consecutive to two unexcused absences or four total within a 12-month period.
o Added a section allowing any Board member to be removed with cause by a majority vote of the current members of the Board. Any Board member may resign from the Board, at any time, with written notice.
 Article VII: Officers
o Added language specifying when the Board elects its Chairperson and Vice Chairperson (July).

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Staff Report Page 3 of 3
 Article VIII: Committees
o Changed Board members required to serve on a sub-committee from one to no more than two.
 Article IX: Repeal or Amendments
o Removed the requirement for City Council’s approval of amendments to the By-Laws. o Included that, if legally required, the City Council may approve amendments to the By-Laws prior to adoption.
 Mission Statement:
o Removed and replaced mission statement.

A clean version of the amended By-Laws is included as Attachment A. All approved revisions to the BID By-Laws are available in Attachment B. Deleted text is in strikethrough and added text is underlined.

Staff recommends City Council approve the amended BID By-Laws, as presented and approved by the BID Advisory Board.

FISCAL IMPACT
No fiscal impact associated with this action.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Alycia Suniga, Senior Management Analyst
Concurs With Matthew Klingler, BID Advisory Board Chair Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Amended BID By-Laws and Mission Statement
B. BID Board and City Attorney Edits
C. Original BID By-Laws and Mission Statement
Item #16. Page 3
Meeting Date: 1/14/2025 / Packet Page #: 352
1 By-Laws of the Glendora Village Business
Improvement District Advisory Board
(January XX, 2025)

ARTICLE I
NAME
Section 1: The official name of this organization shall be the Glendora Village Business Improvement District Advisory Board (hereinafter referred to as the BID).

Section 2: The principal office for the management and operation of the BID is located at the Glendora Chamber of Commerce (hereinafter referred to as the "Chamber") at 224 N. Glendora Ave., Glendora, CA 91741. The City of Glendora or the BID may change the principal office location as necessary. Any change in location shall be reflected by updating these Bylaws accordingly or by amending this section to reflect the new address.

ARTICLE II

PURPOSE
The BID is a Board established by the City of Glendora pursuant to Section 2.18 of the Glendora Municipal Code, united in the conviction that the vitality and strength of the Glendora Village and will remain an important contributing factor to the continued growth and prosperity of the greater Glendora Area.

The purpose of the BID is to assist the City of Glendora in the promotion of the physical and financial health of the Glendora Village as a means of providing tax revenues, and physical, economic, and social stability to the City of Glendora (“City”) at large.

ARTICLE III

MEMBERS
“Members” shall consist of all persons, firms, or corporations owning a business, enterprise or commercial activity in the Glendora Village paying an assessment as defined by Ordinance 1922 (adopted by the City of Glendora City Council in 2009), as the same may be amended from time to time.

ARTICLE IV

MEETINGS
Section 1: Meetings of the BID shall be held monthly, as determined by the BID Board generally on the first Thursday of the month.

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2 Section 2: Special Meetings of the BID shall be called at any time by the Board Chairperson, or any three Board members. Written notice shall be served to each Board member no later than 24 hours prior to the meeting.

Section 2(a): In the case of an emergency involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the BID Board may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement herein. The minutes and results of such emergency meeting will be reported at the next regularly scheduled meeting of the BID Board.

Section 3: A majority of the BID Board members shall constitute a quorum for the transaction of business.

Section 4: The BID Board shall keep a record of the motions, recommendations, transactions, findings and determinations it makes. These records shall be a public record.

Section 5: In compliance with the Ralph M. Brown Act (“Act”), all meetings of the BID Board shall be open to the public, except as otherwise permitted by the Act.

Section 6: The Chair and Vice Chair shall present the agenda for the upcoming monthly meeting. Any Board members can request agenda items and request the Chair and Vice Chair agendize them at least one week prior to the date of the upcoming BID meeting.

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3 ARTICLEV

ASSESSMENTS
Section 1: All Members are required to pay an assessment as outlined in the City of Glendora Ordinance 1922, as may be amended from time to time.

Section 2: The BID Board is authorized to engage in such revenue producing efforts asit deems appropriate provided all revenues raised by such efforts are expended for the benefits of BID.

ARTICLE VI

BOARD MEMBERS
Section 1: The governance of the BID shall be vested in the BID Members, consisting of five (5) members elected by the BID membership for a term of three (3) years. After serving two consecutive terms, a member must take a one-year hiatus before being eligible to run again.

Nominees will be solicited, reviewed, and interviewed by the BID Board Selection Committee before being presented for a vote/review by the Members. All BID Board Members must be in good standing with all assessments current or on payment plans if available.

Section 2: No member of the BID shall hold more than one seat on the BID Board.

Section 3: A vacancy in the BID Board shall be deemed to exist in the case of death or resignation of any Board member or if the authorized number of Board members is increased or if the term of a Board member has expired. Two unexcused absences or 4 total from Board meetings within a 12-month period will be recorded and shall be considered a resignation from the Board. Ceasing to be a member of the BID shall also be deemed a resignation.

Section 4: In the event of a vacancy on the BID Board, the BID Board shall appoint a member of the BID to fill the unexpired term.

Section 5: BID Board members shall not receive any compensation for their services.

Section 6: The BID Board shall have the authority and responsibility to carry out the objectives of the BID making such policy and other decisions as may be necessary and proper.

Section 7: At any regular or special meetings of the Board, any Board member may be removed with cause by a majority vote of the current members of the Board.

Any Board member may resign by giving written notice to the Board Chair. Any resignation shall take effect on the date of the receipt of such notice or at a date specified in written notice. Unless otherwise noted, the acceptance of a resignation is not required for it to become valid.

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4 ARTICLE VII

OFFICERS
The BID Board shall elect its Chairperson and Vice Chairperson in July from among the appointed members of the Board for a term of 1 year and subject to other provisions of law.

ARTICLE VIII

COMMITTEES
The BID Board may, by majority of the Board members then in office, create sub-committees, consisting of no more than two (2) Board members. Such sub- committee(s) shall have such power and authority as may be determined by the BID Board, subject to the limitations imposed on such power and authority by the City of Glendora.

ARTICLE IX

REPEAL OR AMENDMENTS
These By-Laws may be amended or repealed, or new By-Laws adopted, by a majority vote of the BID Board present at any regular scheduled meeting of the BID Board and then presented to the Glendora City Council. In certain legal situations, the Glendora City Council may be required to approve amendments prior to adoption.

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BID Mission Statement
* The mission of the Glendora Village Business Improvement District is to promote and market Glendora Village as a vibrant, safe, and unique destination for shopping, dining, and cultural experiences, ultimately enhancing the prosperity of businesses in the Village.

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1 By-Laws of the Glendora Village Business
Improvement District Advisory Board
12/11/09 (January XX, 2025)

ARTICLE I
NAME
Section 1: The name of this organization shall be the "Glendora Village Business District" (hereinafter GVBD). The official name of this organization shall be the Glendora Village Business Improvement District Advisory Board (hereinafter referred to as the BID).

Section 2: The principal office for the management and operation of the BID is located at the Glendora Chamber of Commerce (hereinafter referred to as the "Chamber") at 224 N. Glendora Ave., Glendora, CA 91741. The City of Glendora or the BID may change the principal office location as necessary. Any change in location shall be reflected by updating these Bylaws accordingly or by amending this section to reflect the new address.

ARTICLE II

PURPOSE
The GVBDBID is a committee ofBoard established by the City of Glendora and managed by the Chamber pursuant to Section 2.18 of the Glendora Municipal Code, united in the conviction that the vitality and strength of the Glendora Village and will remain an important contributing factor to the continued growth and prosperity of the Greater greater Glendora Area.

The purpose of the GVBDBID is to assist the City of Glendora in the promotion of the physical and financial health of the Glendora Village as a means of providing tax revenues, and physical, economic, and social stability to the City of Glendora (“City”) at large.

ARTICLE III

MEMBERS
“Members” shall consist of all persons, firms, or corporations owning a business, enterprise or commercial activity in the Glendora Village paying an assessment as defined by Ordinance 1922 (adopted by the City of Glendora City Council in 2009), as the same may be amended from time to time.

ARTICLE IV

MEETINGS
Section 1: Meetings of the GVBDBID shall be held at least six times annuallymonthly, as Item #16. Page 9
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2 determined by the GVBD Advisory CommitteeBID Board generally on the first Thursday of the month..

Section 2: Special Meetings of the BID shall be called at any time by the Mayor or his or her designee, the CommitteeBoard Chairperson, or any three Committee Board mMembers.

Written notice shall be served uponto each Committee Board Mmember no later than 24 hours prior to the meeting.

Section 2(a): In the case of an emergency involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the BID Board may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of section 2 or both of the notice and posting requirements herein. The minutes and results of such emergency meeting will be reported at the next regularly scheduled meeting of the BID Board.

Section 3: A majority of the GVBD Advisory CommitteeBID Board Members members shall constitute a quorum for the transaction of business.

Section 4: The GVBD Advisory CommitteeBID Board & Chamber shall keep a record of the motions, recommendations, transactions, findings and determinations it makes. These records shall be a public record.

Section 5: In compliance with the Ralph M. Brown Act (“Act”), all meetings of the BID Board shall be open to the public, except as otherwise permitted by the Act.

Section 6: The Chair and Vice Chair shall present the agenda for the upcoming monthly meeting. Any bBoard members shouldcan request agenda items and request the Chair and Vice Chair agendize them at least one week prior to the cutoff period date of the upcoming BID meeting.

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3 ARTICLEV

ASSESSMENTS
Section 1: All members shall contribute an assessment as set forth in the City of Glendora ordinance 1922 establishing the Glendora Village Business District, as amended from time to time. All Mmembers are required to pay an assessment as outlined in the City of Glendora Ordinance 1922, which established the BID. as This ordinance may be amended from time to time.

Section 2: The GVBD Advisory CommitteeBID Board is authorized to engage in such revenue producing efforts asit deems appropriate provided all revenues raised by such efforts are expended for the benefits of GVBDBID.

ARTICLE VI

COMMITTEE BOARD MEMBERS
Section 1: The governing of the GVBD shall be vested in a GVBD Advisory Committee, consisting of five (5) members from the GVBD. Said Committee Members shall be appointed by the City Council for a term of 3 years.The governance of the BID shall be vested in the BID BoardMembers, consisting of five (5) members elected by the BID membership for a term of three (3) years. After serving two consecutive terms, a member must take a one-year hiatus before being eligible to run again. Nominees will be solicited, reviewed, and interviewed by the BID Board Selection Committee before being presented for a vote/review by the Mmembers. All BID Board Members must be in good standing with all assessments current or on payment plans if available.

Section 2: No member of the GVBDBID shall hold more than one seat on the GVBD Advisory CommitteeBID Board.

Section 3: A vacancy in the GVBD Advisory CommitteeBID Board shall be deemed to exist in the case of death or resignation of any Committee Board Member member or if the authorized number of Committee Board Members members is increased or if the term of a Committee Board Mmember has expired. Two unexcused Aabsences or 4 total from three consecutive Committee bBoard meetings within a 12 month period without an excuse deemed valid by the GVBD Advisory Committee and sowill be recorded and shall be considered a resignation from the CommitteeBoard. Ceasing to be a member of the GVBDBID shall also be deemed a resignation from Committee.

Section 4: In the event of a vacancy on the GVBD Advisory CommitteeBID Board, the BID Board City Council shall appoint a member of the GVBDBID to fill the unexpired term.

Section 5: Committee BID Board Mmembers shall not receive any stated salarycompensation for their services.

Section 6: The GVBD Advisory CommitteeBID Board shall have the authority and responsibility to carry out the objectives of the GVBDBID making such policy and other Item #16. Page 11
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4 decisions as may be necessary and proper.

Section 7: Termination: At any regular or special meetings of the Board, any Board Mmember may be removed with cause by a majority vote of the current members of the Board.

Any Board mMember may resign by giving written notice to the Board Chair. Any resignation shall take effect on the date of the receipt of such notice or at a date specified in written notice. Unless otherwise noted, the acceptance of a resignation is not required for it to become valid.

Item #16. Page 12
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5 ARTICLE VII

OFFICERS
The GVBD Advisory CommitteeBID Board shall elect its Chairperson and Vice Chairperson in July from among the appointed members of the Board for a term of 1 year and subject to other provisions of law.

ARTICLE VIII

COMMITTEES
The GVBD Advisory CommitteeBID Board may, by majority of the Committee Board Mmembers then in office, create sub-committees, consisting of one (1) no more than two (2) or more CBommitteeard Mmembers. Such sub- committee(s) shall have such power and authority as may be determined by the GVBD Advisory CommitteeBID Board, subject to the limitations imposed on such power and authority by the City of Glendora.

ARTICLE IX

REPEAL OR AMENDMENTS
These By-Laws may be amended or repealed, or new By-laws Laws adopted, by a majority vote of the GVBD Advisory CommitteeBID Board present at any regular scheduled meeting of the Committee BID Board and approval of then presented to the Glendora City Council. In certain legal situations, the Glendora City Council may be required to approve amendments prior to adoption.

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GVBID Mission Statement
The Glendora Village Business Improvement District's mission is to promote and market the Glendora Village as a
vital, safe, unique place forshopping, dining, and cultural experiences and to heighten awareness of the Glendora
Village as a destination resulting in a more vibrant Village with more profitable businesses.
* The mission of the Glendora Village Business Improvement District is to promote and market Glendora Village as a vibrant, safe, and unique destination for shopping, dining, and cultural experiences, ultimately enhancing the prosperity of businesses in the Village.

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AMENDED BY-LAWS OF THE GLENDORA VILLAGE

IMPROVEMENT DISTRICT (BID) ADVISORY BOARD

COMMUNITY DEVELOPMENT DEPARTMENT

CITY COUNCIL MEETING
JANUARY 14, 2025

ALYCIA SUNIGA, SENIOR MANAGEMENT ANALYST
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BACKGROUND

BID ESTABLISHMENT
• In 2009 BID was established
• Parking and Business Improvement Area Law of 1989
• City Council adopted Chapter 5.40 to the Glendora Municipal Code (GMC)
• BID operated under the City’s Oversight

BID MANAGEMENT TRANSITION
• City’s 2023-2025 Strategic Plan
• City’s administrative and managerial support of the BID Item #16. Page 20
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BACKGROUND
BID MANAGEMENT TRANSITION (CONT’D)
• June 2024 – City Council approved:
• Memorandum of Understanding (MOU)
• Assigns management of the BID to the Glendora Chamber of Commerce • Amendments to the GMC
• Section 5.40.110 – “Delegation of Administration”
• Section 2.18.050(a) – BID Advisory Board recommends appointments • Allows BID to operate more independently
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BACKGROUND

BID BYLAWS
• December 2024 – BID Board voted to update
Bylaws
• BID Bylaws – Governing document that guides day
-to-day operations and decision-making
processes
• Adopted in 2009 and never amended
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AMENDED BYLAWS
• Include several administrative and substantive changes. • Amendments will assist the BID in further establishing autonomy from the City.

Below is a summary of the most notable changes:
• Article I: “Name”
• Establishes the Chamber as the principal office.

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AMENDED BYLAWS
• Article III: “Members”
• Defines the term “member” per Ordinance 1922.
• Confirms that the Ordinance may be changed.
• Article IV: “Meetings”
• Changes meeting requirement from six times a year to monthly. • Designates the Board Chairperson, or any three Board members, to call special meetings. Removes the Mayor.
• Adds section to include emergency meeting protocol.

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AMENDED BYLAWS
• Article VI: “Board Members”
• Removes BID Board member appointment by the City Council. Replaced by BID Board Selection Committee.
• BID Board members must take a one-year hiatus after two consecutive terms. • Changes unexcused absences from three consecutive to two unexcused absences or four total within six-month period.
• Allows Board member removal by a majority vote.

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AMENDED BYLAWS
• Article IX: “Repeal or Amendments”
• Removes requirement for City Council approval to amend Bylaws. • If legally required, the City Council may approve amendments to Bylaws prior to adoption.
• “Mission Statement”
• Revised to read:

The mission of the Glendora Village Business Improvement District is to promote and market Glendora Village as a vibrant, safe, and unique destination for shopping, dining, and cultural experiences, ultimately enhancing the prosperity of businesses in the Village.

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RECOMMENDATION

1. Approve the Amended By-laws of the Glendora Village Business Improvement District (BID) Advisory Board.

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STAFF REPORT
TO: Mayor and Council Members DATE: January 14, 2025
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Award an Agreement for Contract Services with Waterwise Consulting for Water Conservation Professional Services through June 30, 2025, with an option to extend the term for a maximum of five additional one-year periods, in an amount not to exceed $275,000 per Fiscal Year

RECOMMENDATION
That the City Council:

1. Award an Agreement for Contract Services with WaterWise Consulting in an amount not to exceed $275,000 per fiscal year;

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

3. Authorize the City Manager to execute the agreement including extensions for up to a maximum of five one-year periods.

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 regulations that would “make conservation a California way of life.” Stemming from 2018 legislation, Senate Bill (SB) 606, and Assembly Bill (AB) 1668; the new regulation is intended to cultivate long-term practices that will help address California’s limited water supplies.

The City of Glendora is implementing a water conservation program to help meet State mandated water conservation goals outlined in the regulations. This program requires the Water Division to obtain the services of a highly qualified, experienced vendor with the ability and expertise to assist conservation staff in conducting Water Use Efficiency (WUE) Audits, perform rebate inspections, collect data for compliance with the urban water use objective, provide landscape design assistance and make indoor plumbing and irrigation system upgrades to residential, commercial, and institutional properties.

The Las Virgenes Municipal Water District (LVMWD) awarded a competitively bid contract to WaterWise Consulting for these services. WaterWise Consulting is a local business, located in Glendora, that has been providing water conservation services to private and public agencies for over 23 years. Staff recommends awarding a contract to WaterWise Consulting to perform WUE Audits, inspection services, data collection, design services, and plumbing or irrigation retrofits for customers of the City of Glendora Water Division.

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.

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DISCUSSION
As part of the 2020 Urban Water Management Plan, the City adopted its Water Shortage Contingency Plan (WSCP). This plan contains six shortage levels ranging from “up to 10%” (Level 1), to “a shortage greater than 50%” (Level 6). A level 3 WSCP, which The City has currently adopted, triggers enhanced promotion of on-going Water Use Efficiency programs and tools.

On July 3, 2024, the California State Water Resources Control Board adopted regulations that would “make conservation a California way of life.” Stemming from 2018 legislation, Senate Bill (SB) 606 and Assembly Bill (AB) 1668, the new regulation is intended to cultivate long-term 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 the Glendora Water Division’s entire service area, not individual customers or businesses. The new water use budget combines how much water residents use indoors per day; how much water residential and commercial irrigation only customers use outside; and how much water is lost through leaks throughout the system. This agency water budget is collectively referred to as the Urban Water Use Objective (UWUO). Urban water retail suppliers are only required to meet their overall UWUO, so exceeding one of the standards does not necessarily mean the supplier is out of compliance.

The regulations also require water agencies to offer best management practices (BMPs) to high water using commercial, industrial, and institutional (CII) customers in their service area in order to address CII indoor water use and CII landscapes without dedicated irrigation meters. BMPs can include outreach, rebates, landscape surveys, water use audits, and water-efficiency programs. In addition, water agencies will be required to identify and verify special landscape areas (SLA) throughout the service area. CII special landscape areas may include recreation areas, arboretums and public pools which are allotted a higher water budget than the rest of the landscape. Water meters for commercial, industrial and institutional (CII) customers must be reclassified to align with the new regulations and will also include measurements of areas serviced by dedicated irrigation meters which are now subject to new water standards.

Customer participation is a key element in helping meet our new water conservation goals. A critical component in customer participation is the Water Use Efficiency (WUE) Audit, which is a tool designed to provide residents and business owners with conservation tips and techniques for interior and exterior water use. WUE Audits identify potential indoor and outdoor water saving measures and outline specific actions to take to save water. WUE Audits also offer an opportunity to verify meters, measure landscape areas, and educate customers about best management practices they can employ to save water.

WaterWise Consulting offers these types of audit services as part of their scope of work.

A common outcome of a WUE Audit is the identification of numerous inefficiencies both inside with old plumbing fixtures and outside with aging irrigation systems. Upgrading outdated plumbing fixtures with low flow aerators and failing irrigation systems with high efficiency nozzles, drip irrigation and weather-based irrigation controllers can significantly reduce water use. WaterWise Consulting also offers these kinds of plumbing and irrigation retrofit services as part of their scope of work.

On average staff annually performs 250 WUE Audits and 200 rebate inspections. Due to recurring drought conditions and the extensive media coverage, in conjunction with our own outreach efforts, there is an increased awareness of water conservation. Therefore, we anticipate a higher volume of WUE audit and rebate inspection requests in the next year.

WaterWise Consulting. has twenty-three years of experience working with water suppliers to save water.

WaterWise Consulting has performed 60,000+ residential, commercial, and public agency water-use surveys, 4000+ rebate inspections and has installed over 100,000+ water saving irrigation devices.

The Glendora Municipal Code 2.40.050 through its cooperative agreement process allows the City to Item #17. Page 2
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Staff Report Page 3 of 3
waive formal contract procedures and “piggyback” on another governmental agency’s bid award when purchase is made at the same or better bid price. WaterWise Consulting has offered similar pricing for these services to Las Virgenes Municipal Water District (LVMWD) to perform the WUE Audits, inspections, and irrigation retrofits. Such a cooperative agreement will allow the city to receive about the same competitive price by using LVMWD competitive bid process that has already been completed.

FISCAL IMPACT
Sufficient appropriations are available in the FY 2024/25 Adopted Mid-Cycle Budget in the Water Operations Fund (501) Water Conservation Division for this agreement ($275,000) and related community conservation projects.

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

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

A. WaterWise Consulting Agreement
B. Las Virgenes Municipal Water District - Agreement and Pricing C. Presentation
Item #17. Page 3
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and

WATERWISE CONSULTING
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Agreement – WaterWise Consulting (01.14.2025) 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND

WATERWISE CONSULTING
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of _________________ by and between the City of Glendora, a California municipal corporation (“City”) and WaterWise Consulting, a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought pursuant to Glendora Municipal Code Section 2.40.050, the services of a consultant to implement a water conservation program to meet State mandated water conservation goals outlined in relevant State law and regulations promulgated thereunder, which includes the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, was selected based on the comparable services and prices provided to a similar sized district, such district having conducted a bidding process, for the performance of the services defined and described particularly in Article 1 of this Agreement.

C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter in to 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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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 themselves 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 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 Docusign Envelope ID: 276EF3A0-8ED8-4DAC-9C99-8E9302613E48 Item #17. Page 6
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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 Workday. Consultant acknowledges that eight (8) hours of 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 ___________________
Ajay Dhawan, President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

1.6 Familiarity with Work.

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

1.7 Care of Work.

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

1.8 Further Responsibilities of Parties.

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

1.9 Additional Services.

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

1.10 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

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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 $275,000.00 (Two hundred seventy-five thousand and zero cents) per fiscal year (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Invoices.

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

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 thirty (30) 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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Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through June 30, 2025, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for up to a maximum of five (5) additional one (1) year periods by giving written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term or any Extended Term(s).

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:

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

4.2 Status of Consultant.

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

4.3 Contract Officer.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

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(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (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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(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: 276EF3A0-8ED8-4DAC-9C99-8E9302613E48 Item #17. Page 14
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misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during 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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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, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate Docusign Envelope ID: 276EF3A0-8ED8-4DAC-9C99-8E9302613E48 Item #17. Page 16
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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 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.

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Termination Prior to Expiration of Term.

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

7.8 Termination for Default of Consultant.

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

7.9 Attorneys’ Fees.

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

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not Docusign Envelope ID: 276EF3A0-8ED8-4DAC-9C99-8E9302613E48 Item #17. Page 20
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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 ___________________
Ajay Dhawan, President
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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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
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

WaterWise Consulting, a California corporation
Name: Ajay Dhawan
Title: President
Email Address: [email protected]
Name: Jeremy Johnson
Title: Chief Financial Officer
Email Address: [email protected]
Address: 1751 S Grand Ave, Glendora, CA 91741
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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant shall perform the following professional services related to the Water Use Efficiency (WUE) Survey Program (“Program” or “WUE Survey Program”):

TASK 1: PROGRAM MANAGEMENT, CUSTOMER SERVICE, AND SCHEDULING A. Consultant will purchase, store and track inventory of all equipment.

B. Customer Site Surveys:

1. Consultant will conduct residential and commercial surveys at the request of City of Glendora water customers. Surveys that are eligible for WaterWise’s program with Metropolitan Water District of Southern California (MWD) will be provided free to the City. This program currently includes a residential indoor and outdoor evaluation as well as large landscape surveys for commercial properties over 1 acre. The survey is necessary for the customer to see if they qualify for any retrofits.

2. Per this contract, in the event WaterWise Consulting does not renew their contract with Metropolitan Water District to provide member agencies with free water evaluation surveys, WaterWise agrees to re-negotiate and amend the fee schedule of Exhibit C – Schedule of Compensation specific to the cost per survey for City service area.

3. Consultant surveyors will show up at the scheduled time in an easily identifiable company uniform that includes a company identification badge with the surveyor’s photo.

4. Prior to starting the survey, the surveyor will obtain from the customer signed participation and hold harmless agreement. This participation agreement will be drafted by Consultant and be approved by City before use.

5. Consultant will also request each site’s historical water-use record from City before use. In case Consultant staff are unable to acquire the water history from City’s Contract Officer, Consultant will request that the customer provide a copy of the most recent water bill at the survey scheduled. Consultant shall request this information during the City of Glendora water customer enrollment call.

6. Consultant will submit the survey report electronically to the City and the customer within twenty (20) days or earlier. Consultant will mail a physical copy of the report to the customer upon request.

C. On-Call Customer Service:

1. A live Customer Service Representative (CSR) will be available to handle calls in both English and Spanish.

2. Customers can request to have their survey conducted in Spanish.

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3. CSRs will be available to receive incoming calls, answer any customer questions, confirm appointments, and schedule customers for site surveys, inspections and installations.

4. The call-center will operate from 8:00 AM to 5:00 PM, Monday through Friday, and will facilitate and operate an adequate number of incoming lines to support the flow of calls. After hours callers will have the ability to leave a voice message. Consultant will follow up with voice messages within 24 hours or by the close of the next business day, whichever is sooner.

5. At all times, Consultant will utilize CSRs who are knowledgeable about the program.

6. Consultant’s CSRs will address the following during customer phone calls:
i. Schedule an appointment for a site survey that accommodates the customer or customer representative’s schedule.
ii. Ask the City of Glendora water customer to be present during the survey and allow surveyors full access to the project site as further detailed below in this Exhibit “A.”
iii. Answer any questions that may arise about any portions or expectations of the Program.

D. Consultant Scheduling:

1. All City of Glendora water customers will be scheduled within 10 business days from initial request date, unless the customer requests an appointment scheduled for a later date.

2. All City of Glendora water customers will receive no less than three (3) follow up calls to get their appointment scheduled.

3. All scheduling matters and work performance will be completed in a timely and professional manner.

4. City of Glendora water customers will have the flexibility to schedule surveys from 8:00 AM to 5:00 PM Monday through Friday, dependent on weather and season.

E. Program Management:

1. Brian Duvardo will serve as the Program Manager for all tasks listed in this Agreement. Any changes to the Program Manager shall be immediately reported to the City and shall be subject to the City’s reasonable approval.

2. The Program Manager will work with the City’s Contract Officer on the initial set up of the various services and be the liaison between the City and Consultant.

3. The Project Manager will also be available on a day-to-day basis to answer any questions or provide clarifications the City’s Contract Officer may need.

4. The Project Manager will also be responsible for addressing any customer complaints, which will be reported to the City along with a proposed solution to ensure the complaint is resolved in a manner that satisfies both the customer and City.

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TASK 2: DATA COLLECTION FORMAT AND FORMS
Consultant will collect all data electronically in the field with the use of handheld tablets. All data will be entered into a report template approved by City. Consultant will develop the following forms for the various services:

A. Check-Up data collection
B. Customer recommendation lists
C. Irrigation system review and landscape area measurements D. Customer satisfaction surveys
E. Photos/ photo description form
TASK 3: STAFF TRAINING

1. Consultant provides the highest level of training to all of its employees and will ensure that all services will be provided by a surveyor who is trained and supervised by an active Certified Landscape Irrigation Auditor (CLIA) or be a CLIA certified employee or a Certified Qualified Water Efficient Landscaper (QWEL).

2. All surveyors are required to attend mandatory professional development trainings several times per year to keep them up to date with best management practices and company procedure.

3. If at any time City deems any work performed by a Consultant employee unsatisfactory, Consultant will take immediate corrective action including re-training, shadowing of employee by manager, and even removal of staff from the program if necessary.

TASK 4: MONTHLY INVOICING
At the end of each month, Consultant will submit an electronic invoice for all services rendered in the previous month. The invoice will include the amount of product that was installed and how long it took to provide the installation, additional outreach and/or any training that may be necessary to facilitate and support the Program. Along with invoices submitted a monthly inventory of surveys, work performed, devices installed, return visits, etc. will be documented and included to verify monthly invoice activities. This invoice will be itemized to include all the following services:

A. Single Family Residential irrigation retrofits
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B. Single Family Residential rebate inspections
C. Multi-Family (4 units or less) Residential irrigation retrofits D. Multi-Family (5 or more units) Residential surveys
E. Multi-Family Residential rebate inspections
F. Commercial, industrial and institutional water user (“CII”) surveys (Indoor and Outdoor, Irrigation only, Leak only)
G. CII rebate inspections
H. Large landscape surveys (Residential or Commercial)
I. Other applicable surveys (Golf, Mobile Home, non-functional turf (NFT), etc.) TASK 5: SINGLE FAMILY RESIDENTIAL HOME SURVEYS

1. Consultant will provide residential water efficiency surveys to City of Glendora water customers. This survey includes a residential indoor and outdoor evaluation. The evaluation is necessary for the customer to see if they qualify for any retrofits.

2. Consultant surveyors will show up at the scheduled time in an easily identifiable company uniform that includes a company identification badge with the surveyor’s photo. Prior to starting the survey, the surveyor will obtain a signed participation agreement form (hold harmless) from the City of Glendora water customer. This participation agreement will be drafted by Consultant and be approved by City before use. Consultant will also request each site’s historical water-use record from City staff to present and review with the customer. In case Consultant staff is unable to acquire the water history from City, we will request during the City of Glendora water customer enrollment call that the customer have a copy of the most recent water bill during the survey. The surveyor will ask the site contact to be present during the survey to provide education on all the components of the survey. The following will be provided and electronically collected in the field on a handheld device during the survey:

A. Explanation of survey service. All participants shall be encouraged to take advantage of the Program’s full check-up option to ensure that they receive the most out of the survey.

B. Signed participation and hold harmless agreement.

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C. Education on current water issues.

D. Information on City’s current program offerings.

E. Measurement and pictures of landscaped areas.

F. Current meter reading with two-minute leak check, average daily usage, previous meter read and leak rate in gallons per hour if detected.

G. A report of findings in digital or hard copy at the request of the water customer.

H. Number of persons in the home.

I. Dwelling type.

J. Year dwelling was constructed.

K. Tenant and/or Owner name.

L. Average loads of laundry and dishes per week.

M. Feedback on the Program
N. Comments, questions, or concerns.

Indoor
During the indoor portion of the survey, Consultant will check all water using devices for consumption and leaks. Indoor portions of the survey will include the following:

A. Complete inspection and identification of all toilets, sinks, showerheads, diverter valves, tubs, dishwashers, washing machines, water heaters and any other water using devices including consumption and leak information.

B. Visual confirmation that devices such as sink, and toilet shut off valves have no visible leaks.

C. All toilets will be tested with the use of dye tablets to determine any leaking components.

D. Perform flow-rate measurements on kitchen, bathroom, bar faucets and showerheads.

E. Offer home water use efficiency kits with installation of efficient devices at the request of the customer.

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F. Note any leaking devices and instruct customer how to measure the leak using a drip cup.

G. Recommend automatic shut-off devices for reverse osmosis systems and water softeners.

H. Consultant may issue a recirculating hot water pump.

Outdoor
During the outdoor portion of the survey Consultant will activate irrigation stations at the controller and record information about the current working condition of the irrigation system. Outdoor portions of the survey will include the following:

A. Take a soil sample to determine soil type, water infiltration rate, retention capacity, root zone depth, and thatch build up.

B. Plant and grass type will also be identified allowing for an accurate watering schedule to be developed. The surveyor will also recommend aeration if the soil is deemed to be compacted, dethatching if the grass has excessive thatch, and the removal of turf if un-used or unwanted turf exists on site.

C. Record information on the current irrigation controller including make, model, sensors, and current irrigation schedule. The surveyor will also note if the controller is a smart controller and if smart programming is being utilized.

D. Inspect and record information on current irrigation type (spray, rotor, HE nozzles, drip, other).

E. Pressure reading of static and dynamic pressure to ensure irrigation is operating at the correct PSI.

F. The surveyor will also check the irrigation system for head-to-head coverage (distribution uniformity), leaks, low head drainage, high pressure, mismatched, misdirected, or broken heads, and other typical irrigation problems such as missing filters, and pressure reducing valves for drip irrigation and micro-spray systems. Any problems will be shown to the site representative to ensure proper action is taken.

G. At the surveyor’s discretion, pictures will be taken of irrigation problems that include, but are not limited to excessive run off, leaks, broken lines and other severe issues that contribute to the customer’s excessive water use.

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H. Provide recommendations on watering schedule based on all the irrigation information and provide the water customer or their site representative with training on how to program irrigation controller. If a smart controller is already installed the surveyor will instruct the water customer or their site representative how to correctly program and modify smart settings.

I. Measurement of the entire landscaped area via a measuring wheel or via Google Earth.

J. Collect information on pools, spas, ponds, wells, and fountains as well as provide recommendations for water conservation such as pool/spa covers.

K. Provide information pertinent to City’s Programs
L. At the end of the survey, all customers will receive a report that details the findings of the survey. This report can be sent to City for initial review before it is sent to the customer if that is preferred by City.

M. Consultant may perform minor irrigation leak repair services, overhead spray conversion to drip or rotating nozzle installations, and the installation of a new weather-based irrigation controller.

TASK 6: MULTI-FAMILY RESIDENTIAL SURVEYS

1. Consultant will provide multi-family residential water efficiency surveys to City of Glendora water customers for multi-family dwellings. This survey includes an indoor and outdoor evaluation. The evaluation is necessary for the customer to see if they qualify for any retrofits.

2. Consultant will work with City and the property manager, or water customer’s site representative, to set up an initial kick off meeting to discuss all the elements of the survey. Surveys of multi-family residences will include the following:

A. Complete inspection and identification of all toilets, sinks, showerheads, diverter valves, tubs, dishwashers, washing machines, water heaters and any other waterusing devices, to ascertain the device consumption and leak information.

B. Visual confirmation of devices such as sink, and toilet shut off valves have no visible leaks.

C. All toilets will be tested with the use of dye tablets to determine any leaking components.

D. Perform flow-rate measurements on kitchen, bathroom, faucets and showerheads.

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E. Suggestions on how to develop a comprehensive water conservation plan, including scheduling of services, rebate inspections, installation/ conversion schedule. Consultant may also install water-saving aerators, showerheads and toilet flappers (if needed) during the check-up.

F. Recommendations for developing a regular schedule for inspecting water devices for leaks and performing preventative maintenance.

G. If approved by City, perform a complete outdoor irrigation inspection and report.

H. Consultant will work with the property manager or water customer’s site representative to place survey notifications on all tenant doors, at least seventy-two (72) hours before the survey, to ensure tenant participation and comply with California law.

I. After the site has been surveyed, City and the water customer will be provided with a comprehensive report detailing all the site findings, inventory of devices and water saving recommendations.

TASK 7: COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL (CII) SURVEYS In addition to recording the information identified below, the Consultant shall also do the following in preparation for the CII surveys:

A. Consultant shall employ a multi-pronged strategy to get CII sites to participate in CII programs including canvasing, presenting at City meetings, and directly talking with water customers or their representatives.

Consultant will survey both indoor and outdoor areas of water usage at all City of Glendora water customer CII sites as classification or designated as a CII site by the State of California. For each water using fixture, Consultant will record information related to the following:

A. The make, model and frequency of use.

B. The number of toilets/urinals in the facility and type of toilet, i.e., flush valve, standard urinal, ULFTs, waterless urinals or dual flush.

C. The number of clothes washing machines in the facility and type of machine, i.e., top load, front load, and high efficiency.

D. The number of dishwashing stations in the facility and the number of pre-rinse spray valves installed, if any.

E. The number of sinks in the facility and whether they have low flow aerators.

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F. Water using cooking devices such as works and continuously running sinks.

G. Inventory of any water using medical equipment.

H. Observing and recording other water demanding processes undertaken by the customer, i.e., cooling tower conductivity, onsite water treatment and X-ray machines.

I. Review irrigation on-site including controllers, irrigation system types, landscaped area, operating pressure, observed problems/leaks and current irrigation schedule.

J. After the site has been surveyed, City and the site will be provided with a comprehensive report detailing all site findings, inventory of devices, water efficiency improvement opportunities and cost effectiveness of implementation of recommendations.

K. Consultant will provide surveys for CII sites that include classification of the sites and water meter servicing the site as designated by the EPA Energy Star Portfolio Manager and State of California Water Resources Control Board.

L. Consultant can employ a multi-pronged strategy to get sites to participate in CII programs including canvasing, presenting at City meetings, and talking with sites directly.

M. Sites will also be checked for indoor water usage by checking all water using fixtures. Consultant will also install water saving aerators, showerheads and toilet flappers (if needed) during the survey.

N. Consultant will also work with these sites to determine any areas that would be classified as non-functional turf and provide measurements, as well as recommendations, on how to best proceed with turf removal. The measurements taken will be broken down into special landscape area (SLA), areas serviced by a dedicated irrigation meter (DIM) and non-functional turf (NFT) areas. 1) Consultant may also perform measurement surveys independent of a CII water use efficiency survey for all CII properties. Additional canvassing may be required to promote outreach efforts. 2) Consultant shall provide a landscape consultation service for CII sites that need guidance on NFT areas. Consultant will walk areas with the water customer or their representative and turn on irrigation to determine what areas are under the guidelines of NFT and what areas are exempt from NFT.
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potential water savings, return on investment, and any available rebates that could be available to the customer.

O. Consultant may perform minor irrigation leak repair services, overhead spray conversion to drip or rotating nozzle installations, and the installation of a new weather-based irrigation controller.

TASK 8: LARGE LANDSCAPE SURVEYS
Consultant will provide a comprehensive survey to City of Glendora water customers with large landscape sites to determine water budget, proper irrigation scheduling and provide recommendations on water saving retrofits. This may include residential and commercial properties. Consultant shall do the following:

1. Consultant will request each site’s historical water-use record from City staff prior to the survey time. In case Consultant staff is unable to acquire the water history from City, Consultant will request, during the City of Glendora water customer enrollment call, that the water customer have a copy of the past water bill during the survey.

The exterior survey will consist of the following:

A. Consultant will create a water budget based on site specific information which can be compared to current actual water use.

B. The surveyor will activate irrigation stations to determine water efficiency of the watering system (proper sprinkler heads, working condition, uniform distribution using catch cans, observation, or soil moisture meter).

C. Static water pressure will be measured, and if this pressure is found to be above 60 pounds per square inch (psi), the customer will be advised to reduce the water pressure.

D. The water meter will be used to collect a sampling of flow rates from various stations to determine appropriate output range or identify leaks.

E. Information on irrigation timers, sensors, smart controller functions (if applicable) and current irrigation schedule.

F. A soil sample will be taken to determine soil type, water infiltration rate and retention capacity, root zone depth, and thatch build up.

G. Grass/ Plant type will also be identified allowing for an accurate watering schedule to be developed. The surveyor will also recommend aeration if the soil is deemed to be compacted, dethatching if the grass has excessive thatch, and the removal of turf if unused or unwanted.

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H. Information will also be provided to the customer regarding City of Glendora’s program, rebates, or other programs that may be available.

I. The surveyor will also check the irrigation system for head-to-head coverage, leaks, low head drainage, high pressure, mismatched, misdirected, or broken heads, and other typical irrigation problems such as missing filters, and pressure reducing valves for drip irrigation and micro-spray systems.

J. For instances of non-uniform precipitation from irrigation system distribution, the surveyor will note them on the survey form and suggest the most appropriate remedy.

K. The surveyor will also provide an accurate monthly irrigation schedule based on local evapotranspiration (ET), distribution uniformity, plant type, nozzle type, slope, and soil type.

L. The surveyor will recommend to the customer water use efficiency upgrades such as low-precipitation irrigation, water-wise or native plants, and mulch in areas the surveyor believes the site will most benefit.

M. The surveyor will also review other outdoor water use including pools, fountains, ponds, etc.

N. A list of repairs needed to fix the current irrigation system along with a schedule for checking/monitoring the system to ensure proper functionality.

O. Consultant will provide surveys for large landscape sites that includes classification of the sites and water meter servicing the site as designated by the EPA Energy Star Portfolio Manager and State of California Water Resources Control Board.

P. Consultant will also work with these sites to determine any areas that would be classified as non-functional turf and provide measurements, as well as recommendations, on how to best proceed with turf removal. The measurements taken will be broken down into special landscape area (SLA), areas serviced by a dedicated irrigation meter (DIM) and non-functional turf (NFT) areas. 1) Consultant may also perform measurement surveys independent of a large landscape survey for all properties. Additional canvassing may be required to promote outreach efforts.
2) Consultant shall provide a landscape consultation service for large landscape sites that need guidance on NFT areas. Consultant will walk areas with the water customer or their representative and turn Docusign Envelope ID: 276EF3A0-8ED8-4DAC-9C99-8E9302613E48 Item #17. Page 33
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on irrigation to determine what areas are under the guidelines of NFT and what areas are exempt from NFT.
3) If applicable, Consultant will provide a report with recommendations on NFT areas and provide information about potential water savings, return on investment, and any available rebates that could be available to the customer.

TASK 9: REBATE INSPECTIONS
Consultant will perform rebate pre/post-inspections for City of Glendora water customers at the request of City to determine program eligibility. For all inspections a minimum of four (4) pictures will be taken for the project area or devices installed.

Consultant will work with City to develop a rebate inspection template that includes inquiries or the like in order to gather all the information or other documentation the City would like surveyed during the inspection.

TASK 10: WATER EFFICIENT RETROFITS
If approved by the City, Consultant will install water efficient devices such as low flow showerheads, new toilet flappers, overhead spray conversion to drip or rotating nozzle installations, and the installation of new weather-based irrigation controllers. If approved by City, Consultant may perform minor irrigation leak repair services to replace outdated equipment at City of Glendora water customer sites. All retrofits will be discussed with the City of Glendora water customer and be installed to manufacturer’s specifications. If a City of Glendora water customer does not qualify for retrofits on the day of the installation because of broken equipment or overgrown plants, Consultant shall give them thirty (30) days to make the repairs/adjustments needed. All removed material such as controllers and sprinkler nozzles will be left with the water customer at the end of the installation of the new devices.

Residential customers will receive a maximum of $1,000.00 towards irrigation retrofits. Exceptions will be approved by the City on a case-by-case basis before retrofits are installed.

Commercial customers will receive a maximum budget of $3,000.00 for retrofits and repairs.

TASK 10: GOLF COURSE LANDSCAPE IRRIGATION SURVEY
Consultant will provide landscape audits for Golf Courses that shall include energizing all irrigation stations on site and taking down notes per station. During this survey, the following shall be recorded: landscape condition, type of vegetation, type of irrigation, sun exposure, slope, density of plant material, any inefficiencies and soil type. After the completion of the survey, a full report will be generated that will highlight all areas covered during the survey and provide a list of recommendations with return on investment data to best help the site save water.

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All surveys will be done in line with the Irrigation Audit Guidelines recommended by the Irrigation Association.

TASK 11: MOBILE HOME PARK SURVEY
Consultant will provide indoor and outdoor surveys of mobile home parks at the request of the City of Glendora. Consultant will contact the tenants ahead of the survey and seek approval for access to as many interested units as possible on the day of the survey. During the survey, inspectors will check all indoor fixtures including toilets, sinks, showers, water heaters, dish washers and any other water using devices found on site for leaks, age of equipment and condition. Consultant will also install water-saving aerators, showerheads and toilet flappers (if needed) during the survey. Consultant will also check the outdoor portion of the mobile home park and survey any irrigation on site including common areas and pools.

After the survey, reports will be generated per mobile home that identifies potential water savings, water use BMPs and any broken equipment found on site. Another report will be generated just for the landscaping and detail all findings on site along with recommendations.

Task 12: RE-CIRCULATING HOT WATER PUMP PROGRAM
A. Program Development and Customer Participation.

Consultant will work with the City of Glendora to draft the forms related to this Program. This includes the customers participation and hold harmless form, frequently asked questions form, and a tracking log and delivery form. The City of Glendora may update forms and website content based on new program requirements, if any.

B. Customer Service and Scheduling.
1) In order for the customer to apply for the Program, they first need to submit their application. They can download the application by visiting the City of Glendora approved website or contact Consultant to request that an electronic version be emailed or a hard copy be mailed via United States Postal Service. Consultant will ask the customer to submit a completed application, either in electronic or hard copy format. Along with the application, the customer must provide a copy of their current water bill which provides proof that the customer is within the City’s water service area. The customer must also provide a signed copy of the program’s Terms and Conditions and submit pictures of their current water heater. 2) Consultant will provide well-versed customer service representatives (CSR) for this program. The company will have a toll-free telephone number accessible to customers for scheduling and program assistance. A live CSR will be available to handle calls in both English and Spanish. The call-center will operate from 8:00 AM to 5:00 PM, Monday through Friday, and will facilitate an adequate number of incoming lines to support the flow of calls. After hours callers will have the opportunity to Docusign Envelope ID: 276EF3A0-8ED8-4DAC-9C99-8E9302613E48 Item #17. Page 35
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leave a voice message. Consultant will follow up with voice messages within 24 hours or by the close of the next business day, whichever is sooner. An alternate number may be provided for emergencies. During normal business hours, Consultant will utilize CSRs who are knowledgeable about the program. CSRs will be available to receive incoming calls, answer any customer questions, confirm appointments and schedule customers for deliveries.
3) Items that are collected from the application and verified during the scheduling of the customers survey appointment that will be entered on the Program Tracking Log and include customer name, customer address, customer email address, date of application received, date and time of delivery (if applicable), number of devices approved (hot water pumps and additional sensor kits), scheduling notes, WaterWise will then contact the customer to schedule their delivery. WaterWise typically makes a minimum of three (3) attempts to make contact with a customer. The attempts are a mix of phones calls and emails. Typically, customers are contacted within two (2) business days to schedule their appointment.
4) Waterwise CSRs will address the following during customer phone calls:
a. Schedule an appointment for a delivery that accommodates the customer.
b. Ask the customer to be present during the delivery and allow the inspector to view the current water heater.
c. Notify customers that they must install the devices on their own and encourage them to hire a local licensed plumber to install the product.
d. Ask the customer if they have a tankless water heater. If so, customer application will be denied.
e. Ask the customer if they have a current hot water pump attached to their water heater. If so, the customer
application will be denied.
f. Ask the customer to verify that their water heater does not have a heat trap or has a removeable heat trap.
g. Answer any questions that may arise about any portions or expectations of the Program.
h. Let the customer know that they have forty-five (45) days to get the hot water pump installed. Customer will submit a picture showing that it was installed as proof. If the
customer does not submit the proof, then the customer is subject to a fee for the product(s). If necessary, WaterWise can do a physical post inspection to verify the device is installed.

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5) Customers shall have the flexibility to schedule the delivery from 8:00 AM to 5:00 PM Monday through Friday, depending on weather and season. Any customer cancellations will be noted in the call log and calendar. WaterWise will attempt to get cancelled customers re-scheduled as soon as feasibly possible.

C. Delivery and Inspection.

During the delivery, a WaterWise employee will do the following:
a. Take a picture of the existing water heater.
b. Notify customers that they must install the devices on their own and encourage them to hire a local licensed plumber to install the product. c. Answer any questions that may arise about any portions or expectations of the Program.
d. Have the customer sign the certificate of completion form that states the customer received the product and has forty-five (45) days to submit a picture showing proof that the product has been installed.

Task 13: LANDSCAPE DESIGN PROGRAM
Consultant can provide landscape design services to the City of Glendora or directly to residential and CII customers. These designs will focus on low-water and drought-resistant landscapes. Consultant can provide landscape design templates for the City of Glendora to publish on their websites to provide customers ideas various designs including Low-Water, California Native, Vegetable Garden, Pollinator garden, Color Specific (i.e. warm or cool designs), Succulent gardens and Parkway designs.

Task 14: SPECIAL PROGRAMS
In response to community needs, Waterwise can provide special programs and services designed to save water not specifically listed in the contract. This may include, but is not limited to, new or innovative devices for saving indoor water use, additional landscape services for reducing outdoor water use and programs designed to address commercial, industrial and institutional (CII) best management practices for water use. Waterwise can present the City with a cost proposal for each special program that is proposed. All programs must be approved by the City representative, and funding must be available in the remaining contract budget of the fiscal year. The City and Waterwise agree and acknowledge that neither Party is under any obligation whatsoever to consider or sign any particular program proposal whatsoever, under this Agreement.

II. In addition to the requirements of Section 6.2, during performance of the work, Consultant will keep the City apprised of the status of performance by delivering the following status reports:

A. Consultant will collect all data electronically in the field with the use of handheld tablets. All data will be entered into a report template approved by City.

Consultant will develop the following forms for the various services:

1. Check-up data collection
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2. Customer recommendation lists

3. Irrigation system review and landscape area measurements: Landscape area measurements for all Commercial, Industrial, and Institutional surveys will include measurements for Special Landscape Areas, Dedicated Irrigation Meter (DIM) Areas, and Non-functional Turf Areas.

4. Customer satisfaction surveys

5. Photos/photo description form.

6. Commercial, Industrial, and Institutional meter classification list.

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

IV. Consultant shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

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EXHIBIT “B”

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

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

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II. Unit Price List & Hourly Rate Sheet attached within as Exhibit C. The City reserves the right to accept or reject yearly fiscal rate increases containing escalation stipulations as it deems to be in the best interest of the City.

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 as further detailed at subparagraph (E) below.

B. Line items for all materials and equipment properly charged to the Servicesas further detailed at subparagraph (E) below.

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.

E. At the end of each month, Consultant will submit an electronic invoice for all services rendered in the previous month.

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

Total Costs (Estimated) $250,000
Contingency (10%) $25,000
Total Costs (Estimated) $275,000
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C.

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EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All services N/A__________ Varies per
customer
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Schedules and Deliveries vary per customer.

B. All equipment authorized for installation by the City.

C.

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

All City of Glendora water customers will be scheduled within 10 business days from initial request date unless the City of Glendora water customer requests an appointment scheduled for a later date. All City of Glendora water customers will receive no less than three follow up calls to get their appointment scheduled. All scheduling matters and work performance will be completed in a timely and professional manner. City of Glendora water customers will have the flexibility to schedule surveys from 8:00 AM to 5:00 PM Monday through Friday, dependent on weather and season.

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