Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 FMFW v1.15a - 2015
EXHIBIT G
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 FMFW v1.15a - 2015
EXHIBIT G
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 Subrecipient Monitoring Instrument
Subrecipient Monitoring Instrument
PROJECT TITLE
Los Angeles County State Homeland Security Program
Monitoring Reports
A. FINANCIAL REPORTING REQUIREMENTS
Objective
To determine that the Subrecipient implemented corrective action to address findings noted in its Single Audit that is related to the Homeland Security Grant.
Verification Yes No Comment
1. Was a Single Audit completed for Grant Year 2014-15
and 2015-16?
2. If yes, did the Subrecipient forward a copy to the
Homeland Security Grant Administrator (HSGA) by
March 30th of the year following the audit?
3. Did the Single Audit(s) identify findings related to the Homeland Security Grant? If yes, please continue.
If no, please mark N/A and continue to Section B.
4. Did the Subrecipient develop a corrective actionplan that addresses the finding(s)?
5. Did the Subrecipient send a copy of a corrective action plan to the HSGA?
6. Did the Subrecipient implement the corrective action plan?
EXHIBIT H Page 1 of 11 SAMPLE COPY
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 B. TRAINING
Objective
To determine that the Training expenditures were appropriately documented and that the activities aligned with the project’ s goals and objectives. If the Training activities involved employees, determine if the Subrecipient appropriately documented the Training expenditures using employee timecards, sign-in sheets, and certificates of training. If the Training activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.
2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?
3. If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign-in sheets and certificates of training?
4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?
5. Did the Subrecipient accurately report the Training
expenditures in their accounting records?
6. For Projects with overtime expenditures for Training:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
EXHIBIT H Page 2 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 B. TRAINING (Continued)
Verification Yes No Comments
7. For Projects with backfill expenditures for Training:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
c. Did the Subrecipient accurately report the
expenditures in their accounting records?
8. Were employee timecards utilized in Training activities signed and dated by the employee and direct supervisor?
9. Were the Training expenditures consistent with the State approved grant award and/or post award modification(s)?
10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports submitted by HSGA:
a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.
b. If the Project prior Grant Year report finding is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.
EXHIBIT H Page 3 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 C. PLANNING
Objective
To determine that the Planning expenditures were appropriately documented and that the activities aligned with the project’s goals and objectives. If the Planning activities involved employees, determine if the Subrecipient appropriately documented the Planning expenditures using employee timecards and sign-in sheets. If the Planning activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?
3. If Planning expenditures relate to the use of employees, did the Subrecipient use employee timecards and
sign-in sheets?
4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?
5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?
6. For Projects with overtime expenditures for
Planning:
a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?
EXHIBIT H Page 4 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 C. PLANNING (Continued)
Verification Yes No Comments
b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?
7. For Projects with backfill expenditures for Planning:
a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?
b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign-in sheets?
c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?
8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?
9. Were the Planning expenditures consistent with the
State approved grant award and/or post award
modification(s)?
10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:
a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.
b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.
EXHIBIT H Page 5 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 D. EQUIPMENT
Objective
To determine that the project Equipment expenditures are supported by invoices and that a listing of the Equipment/property is maintained by the Subrecipient. To determine that the purchases are aligned with the project’s goals and objectives. Use Worksheets 2 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Equipment
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?
3. Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal “Authorized
Equipment List” and/or “Standardized Equipment List”?
4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?
5. Did the Subrecipient maintain an Equipment
inventory that listed the following:
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage, g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
l) Disposal date and sale price of the Equipment
6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?
EXHIBIT H Page 6 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 D. EQUIPMENT (Continued)
Verification Yes No Comments
7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?
8. Did the Subrecipient maintain Equipment in a secure
location?
9. For property other than Equipment, i.e. supplies, did the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?
10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the disposal?
11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/OES, steps to replace the Equipment and an investigative process?
12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?
13. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.
EXHIBIT H Page 7 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 E. EXERCISE
Objective
To determine that the Exercise expenditures were appropriately documented and the activities align with project’s goals and objectives. If the Exercise activities involved employees, determine if the Subrecipient appropriately documented the Exercise expenditures using timecards and sign-in sheets. If the Exercise activities involved using consultants or consultants, determine if the Subrecipient followed the appropriate procurement procedure. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient receive prior approval from the State either via email or other documentation and did it include the Exercise course name and number?
3. If the Exercise expenditures relate to the use of employees, did the Subrecipient appropriately document the Exercise expenditures using employee timecards, sign-in sheets, and certificates for Exercise?
4. If the Exercise expenditures relate to the use of consultants/ contractors, did the Subrecipient follow proper procurement procedures to hire the consultants or contractors?
5. Did the Subrecipient accurately report the Exercise
expenditures in their accounting records?
6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill
expenditures in their accounting records?
7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
EXHIBIT H Page 8 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 E. EXERCISE (Continued)
Verification Yes No Comments
8. Were the employee timecards utilized in the Exercise activities signed and dated by the employee and direct supervisor?
9. Were the Exercise expenditures consistent with the State approved grant award and/or post award modifications?
10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in
the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.
EXHIBIT H Page 9 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 F. ORGANIZATION
Objective
To determine that the Organization expenditures were appropriately documented and that the activities align with the project’s goals and objectives. If the Organization activities involved employees, determine if the Subrecipient appropriately documented the Organization expenditures using employee timecards and sign-in sheets. If the Organization activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Organization expenditures? If so, continue. If no, continue to next section.
2. If the Organization expenditures relate to the use of employees, did the Subrecipient document the expenditures using employee timecards, sign-in sheets, or with other support documentation that substantiated the expense?
3. If the Organization expenditures relate to the use of consultants or contractors, did the Subrecipient follow proper procurement procedures to hire the consultants
or contractors?
4. Did the Subrecipient accurately report the Organization expenditures in their accounting records?
5. For Projects with overtime expenditures for Organization:
a. Did the Subrecipient maintain employee timecards to
appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records.?
EXHIBIT H Page 10 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 F. ORGANIZATION (Continued)
Verification Yes No Comments
6. For Projects with backfill expenditures for Organization:
b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?
c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?
7. Were employee timecards utilized in Organization activities signed and dated by the employee and direct supervisor?
8. Were the Organization expenditures consistent with the State approved grant award and/or post award modification(s)?
9. Ensure that the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.
EXHIBIT H Page 11 of 11
Docusign Envelope ID: 86CAF246-4543-4D62-BF04-3E353D45E3F0 1 Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group Inc., a Delaware corporation, with a place of business at 1170 Howell Mill Road NW, Suite 210, Atlanta, GA 30318 (“Flock”) and the City of Glendora, a municipal corporation, with a place of business at 150 South Glendora Avenue, Glendora, CA 91741 (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement shall be effective on the date that both Parties have executed it (“Effective Date”). The Parties will sign an Order Form (“Order Form”) which will describe the Flock Services (as defined below) to be performed and the period for performance, attached hereto as Exhibit A.
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; and WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for Permitted Purpose (as defined below).
NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 2 1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), together with the terms and conditions set forth herein, and any document therein incorporated by reference in Section 11.4.
1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Flock Services, under the rights granted to Customer pursuant to this Agreement.
1.4 “Customer Data” means the data, media, and content provided by Customer through the Flock Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.6 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.7 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.
1.8 “Flock IP” means the Flock Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Integration Data” means any distribution of data from a Customer requested third party integration.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 3 1.12“Installation Services” means the services provided by Flock for the installation of Flock Services.
1.13 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.
1.14 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Flock Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users.
Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 4 2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Flock Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Flock Services are interrupted; (c) if Flock Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 5 Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).
Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.
In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 6 Flock to perform the Flock Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Flock Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Flock Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 7 that the aforementioned license is required for continuity of the Flock Services. Flock does not own and shall not sell Anonymized Data.
4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data (such third party, “Recipient”).
Upon such request, Customer hereby grants to Flock a non-exclusive, non-transferable, royaltyfree, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock’s standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this Agreement. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records request, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Flock Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information, unless otherwise required by law or compelled by a court of competent jurisdiction. The Disclosing Party agrees that the foregoing shall not apply Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 8 with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 9 third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.
6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 10 7. TERM AND TERMINATION
7.1 Term. The “Initial Term” of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Flock Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and
11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 11 testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Flock Services in a manner which minimizes errors and interruptions in the Flock Services and shall perform the Installation Services in a professional and workmanlike manner.
The Flock Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRDPARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER’S OWN RISK. FLOCK DOES NOT WARRANT THAT THE FLOCK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FLOCK SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies to be provided as set forth in Exhibit B attached hereto.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 12 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL
KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS
THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED TWO (2) TIMES THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12)
MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY,
IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION
ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE
CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 13 IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees; or (iii) the gross negligence or willful misconduct of Flock with respect to the Flock Services. Flock’s performance of this indemnity obligation shall not exceed two (2) times the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 14 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 15 11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity with such Party, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 16 chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Flock Services in business and development and marketing efforts. Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Flock Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.
Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 17 commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.
11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non-appropriation with thirty (30) days written notice without penalty or other cost.
11.16 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature. .
[SIGNATURE PAGE(S) FOLLOWS]
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 18 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CUSTOMER:
CITY OF GLENDORA, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
FLOCK:
FLOCK GROUP INC., a Delaware corporation
Name: Garrett Langley
Title: Chief Executive Officer
Email: [email protected]
Name: Mark Smith
Title: General Counsel
Email: [email protected]
Address: 1170 Howell Mill Rd., NW Suite 210
Atlanta, GA 30318
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Mar 20, 2025 | 5:03 PM EDT
Mar 20, 2025 | 2:18 PM PDT
EXHIBIT A
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Flock Safety + CA - Glendora PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Jake Sherman
[email protected]
8187467444
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38
ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: CA - Glendora PD Initial Term: 24 Months
Legal Entity Name: CA - Glendora PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 150 N Glendora Ave Glendora, California
91741
Billing Frequency: Total Contract Billed at Signing
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $33,400.00
Flock Safety Bundles
Solar LPR Combo Bundle Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 9 Included
Solar Long-Range LPR, fka Solar Falcon LR Included 1 Included Solar LPR, fka Solar Falcon Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 4 $2,600.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 5 $750.00
Professional Services - Solar Bundle Implementation
Fee $900.00 1 $900.00
Estimated Tax: $0.00
Contract Total: $71,050.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.
Billing Schedule
Billing Schedule Amount (USD)
Total Contract Due at Signing $71,050.00
*Tax not included
Annual Billing Schedule
Total Contract Due at Signing: $71,050.00
Contract Total: $71,050.00
Annual Totals
Annual Recurring: $33,400.00
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services - Existing
Infrastructure Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Solar LPR Combo Bundle One solar-powered fixed long-range camera and one solar-powered, standard-range LPR camera on the same pole Solar Long-Range LPR, fka Solar
Falcon LR
Law enforcement grade, long range and high vehicle speed license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE. Solar Power only Solar LPR, fka Solar Falcon
Standard range license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE
Professional Services - Solar
Bundle Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Glendora PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38
EXHIBIT B
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Flock Services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, (i) all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage, and (ii) Flock’s Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Workers Compensation insurance in accordance with statutory limits; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38
EXHIBIT C
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Law Enforcement
Customer Implementation Guide
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Customer Implementation Guide: LAW ENFORCEMENT 1
Implementation Timeline
Flock Safety Team
Implementation Service briefs: Existing Infrastructure
vs Standard vs AdvanceW
@ Existing Infrastructure Implementatio>
@ Standard Implementatio>
@ Advanced Implementation
Things to Consider When Selecting Locations
Customer Responsibilities: AC-Powered Cams
Electrician HandouP
@ Electrician Installation Step7
@ FAQs about AC-Powered Flock Cameras
Installation Service Brief Summary
Permitting: Pre-Install QuestionnairY
&% TimelinY
U% Right of WaJ
#% AC Power vs. SolaE
"% Traffic Control & Installation Method7
% Paperwork & Required Form7
% Contacts
*Fee Schedule
Help Center
Customer Support
................................................................. 2
............................................................................ 3
............. 6
......................... 12
........................ 14
........................................................................ 15
............................................. 18
.......................................... 19
................................................................................. 21
..................................................................................... 22
.......................................................................... 22 Table of Contents
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Review Locations Confirm camera locations with your sales representative FLOCK: Your sales representative will present several viable options for camera locations
CUSTOMER: Review Deployment Plan & approve camera locations
Please Note: If Public Works is required to move forward, please obtain approval finalize Locations Prepare for finalized camera locations FLOCK: Confirm Deployment Plane and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 10 locations needed to move forward with partial installation)
CUSTOMER: Prepare the below items, as neede
If permits are required, begin application proces
If camera will be AC-powered, hire an electrician/street department Step 1 Conduct On-site Survey & Place Flags
FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm solar or power access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag at each spot
If the initially determined locations don't meet Flock standards, we will evaluate a new location, obtain customer approval, and redo a site survey. This may push timeline for installation
PLEASE NOTE:
Step 2 Call 811
FLOCK: Flock Safety will coordinate with Call 811 to mark each camera location for underground utilities within a 10 foot radius
Call 811 is a government service, so turnaround times may vary and is outside of Flock control
PLEASE NOTE:
Step 3 Schedule Installation
FLOCK: Flock will (1) ship any site specific material that the technician does not have locally (2) schedule the installation date
Step 4 Install & Validate Cameras
FLOCK: After installation, your Onboarding Specialist will confirm that cameras are capturing footage well and functioning properly. They will then give you full access to the system along with helpful training resources
Ongoing as Needed Finalize Any Installation Needs
FLOCK: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. In these instances, we will continue to work through this process until your cameras are fully installed and operational 2 This timeline provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized, delays can occur as noted in the timeline below:
Implementation Timeline
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Implementation Team How They Will Support You
Field Operations
Team
W The Field Operations team is responsible for the
physical installation and maintenance of
cameras and associated equipment provided by
Flock. This includes a large team of technicians,
schedulers, and many others involved in
ensuring the delivery of the product.7
W They take the technical plan you finalized with
Product Implementation and work closely with
other teams at Flock to make sure that the
cameras are installed quickly and safely and in
a way that maximizes the opportunity to solve
crime at a specific location@
W *Note*: For
, please always direct them to your
and not the
technician.
all Installation questions or
concerns
Customer Success Manager
Project Manager
Your is your
Your project manager will guide you through the
entire installation process, keeping you apprised
of all implementation updates as well as answering
any questions you have during this time. They will
ensure that all the cameras are on the ground and
operating for at least 48 hours before transitioning
you to your Customer Success Manager.
Project Manager primary contact
during camera installation.
3 Flock Safety Team
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Relationship Team How They Will Support You
Flock Safety
Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly
as possible. , simply
email
Support can help you>
= Request camera maintenanc:
= Troubleshoot online platforA
= Contract / Billing questionI
= Update account informatioO
= Camera Sharing questionI
= Quick “How to” questions in your Flock Account
To get in touch with support
[email protected] or call
866-901-1781 Mon-Fri 8am-8pm EST.
Customer Success
Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.
While the cameras are getting installed, your CSM
will help get your account set up and get all key
users trained on the system.
Post-Camera-Installation, your CSM will be your
go-to for most account-related needs: You should
reach out to them to>
= Set up Account Trainin
= Understand benefits of featureI
= Learning best practices for getting relevant
dat£
= Identifying opportunities to expand the security
network in your are£
= Provide feedback on your partnership with
Flock
4 Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Outside Party When they may be involved
If the Flock cameras need to be AC powered, you
(customer) are responsible for providing an
electrician to ensure power connectivity
Electrician/Street
Department
To weigh in on the use of public Rights of Way or
property Public Works (LE)
If installation in your area requires permitting
Department of
Transportation
(DOT), City, or
County agencies
5 PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 Included in scope:
Once designated locations are approved by the customer, as part of the Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc. Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore
if relying on solar power, only one camera can be installed per pole Confirm that a location is safe for work by following State utility locating procedures.)
Each installation may include the following
Installation of camera and solar panel or AC adapter box on a suitable existing pole
Existing
Infrastructure Implementation Service
COST: $150 per camera (one time cost)
Existing Infrastructure Implementation
Existing
Infrastructure Install
Pole None Flock NCHRP 350 /
MASH
Timeline Short Medium Longest
Cost Lowest Mid Highest
Standard
Install
Advanced
Install
Implementation Service Briefs: Existing
Infrastructure vs Standard vs Advanced
6 Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 7 Out of scope:
By default, Flock does include the following as part of the but can provide a quote for sourcing at
an additional cost
Mounting on mast arms (always require bucket truck and traffic control"
Call 811 ‘Call-before-you-Dig’ systeF
Installation of any poles including but not limited t%
Standard, 12’ above grade
NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way"
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14
Special equipment rentals for site acces-
Site-specific engineered traffic plan-
Third-party provided traffic controA
State or city-specific specialty contractor licenses or unique attachment/ connection requirement-
Custom engineered drawings;
Electrical work requires a licensed electrician.
not Existing
Infrastructure Implementation Service
Flock breakaway polQ
Types of existing infrastructure such as existing utility, light, and traffic signal poles
Pole no higher than 8’-12’ (approval at Flock Safety’s discretion"
Flock will provide and mount an AC adapter unit that a qualified electrician can connect to AC power following our
. Flock is unable to make any AC connections or
boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope
Access requiring up to a 14’ using an A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock technicia¢
Obtain a business license to operate in the city and state of camera location
electrical wiring
requirements
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 8 Included in scope:
Once designated locations are approved by the customer, as part of the Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)- Confirm that a location is safe for work by following state utility locating procedures. Work with local utilities to prevent service interruptions during the installatio
Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat" Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet
Each installation may include the following
Installation of camera and solar panel with
Standard Implementation Service
standard, 12’ above grade
Flock breakaway pole
COST: $650 per camera (one time cost)
Standard Implementation
Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)x
Concrete cuttinz
Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc. Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
Any fees or costs associated with filing for required city, county, or state permit
Licensing or attachment agreements with asset / infrastructure owners- Utility contracts and billing-
Customer requested relocations (see fee schedule)
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 9 Out of scope:
By default, Flock does include the following as part of the Standard Implementation Service but can provide a quote for sourcing at an additional cost! Use and/or mounting to existing infrastructure
NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way$
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14 Special equipment rentals for site acces2
Site-specific engineered traffic plan2
Third-party provided traffic controA
State or city-specific specialty contractor license2
Custom engineered drawings;
Electrical work requires a licensed electrician.;
Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.) not
Installation of camera and AC adapter that a qualified electrician can connect to AC power on a suitable existing pole, no higher than 8-12’ (approval at Flock Safety’s discretion$
Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our . Flock
is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope
Access requiring up to a 14’ A-frame laddex
Standard MUTCD traffic control procedures performed by a Flock technicia~ Obtain a business license to operate in the City and State of camera location electrical wiring requirements
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 10 Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.#
Any fees or costs associated with filing for required city, county, or state permit%
Licensing or attachment agreements with asset / infrastructure owners
Utility contracts and billing
Customer requested relocations (see fee schedule)
Included in scope:
Once Designated Locations are confirmed, as part of the , Flock will perform the followingF
An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)
Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installatioC
Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat\
Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet%
Each installation may include the followingF
Installation of camera and solar panel on a suitable
approved pole-
Installation of camera and AC adapter that a qualified electrician can connect to AC power-
Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our .
Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material).
Advanced
Implementation Service
NCHRP 350 or MASH
electrical wiring requirements
COST: $1,900 per camera (one time cost)
Advanced Implementation
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 11 Out of scope:
By default, Flock does not include the following as part of the but can optionally provide a quote for sourcing
(additional cost)
Installation on or existing
infrastructure
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14 Special equipment rentals for site acces-
Site-specific engineered traffic plan-
Third-party provided traffic contro;
State or City-specific specialty contractor license-
Custom engineered drawing-
Electrical work requires a licensed electrician. Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.
Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
Fees or costs associated with filing for required City, County, or State permits Advanced
Implementation Service
Standard, 12’ above grade Flock breakaway pole
r
Access requiring up to a 14’ A-frame laddeu
Standard MUTCD traffic control procedures performed by a Flock techniciax
Obtain a business license to operate in the City and State of camera location Electrical work requiring a licensed electrician and associated costs, not included in the scope.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 12 - Mountin(
- They can be mounted on existing utility, light, traffic signal poles, or 12 foot Flock poles.
- They should be mounted one per pole. If using AC power, they can be mounted 2 per pole.
- They can be powered with solar panels or direct wire-in AC Power (no outlets).
- They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images.
/
**
**/
- Placemen<
- They capture vehicles driving away from an intersection. - They cannot point into the middle of an intersection. - They should be placed after the intersection to prevent stop and go motion activation or “stop and go” traffic.
Falcon Cameras
- Use Caset
- Flock LPRs are designed to capture images
of rear license plates aimed in the direction
of traffic.
- Flock LPRs are not designed to capture
pedestrians, sidewalks, dumpsters, gates,
other areas of non-vehicle traffic,
intersections.
Things to Consider When Selecting Locations
*
**
***
Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, depending on local regulations & policies.
Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole.
Flock does not provide Electrical services. Once installed, the agency or community must work with an electrician to wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from dying.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 13 Pole
not
If a location requires a "DOT Pole” (i.e., Advanced
Pole, Flock standard pole), the implementation
cost will be $5,000/camera.
Solar Panels
Solar panels need unobstructed southern-facing
views.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 14 Customer Responsibilities: AC-Powered Cams
If the Flock cameras need to be AC-powered, the for
acquiring an electrician and ensuring they connect the camera to power. .
customer is responsible
See steps
2 and 6 below
6. Connect Camera to Power
Notify the electrician that the camera is ready for the power connection installation
5. Install Camera
Flock will install the camera and AC power kit at the specified camera location
4. Conduct Site Survey
Flock will mark camera locations, locate underground utilities and mark if present
3. Sign Flock Safety Agreement
Sign the Flock Safety purchase order to begin the installation of cameras
2. Acquire an Electric Quote
Contact an electrician to receive a quote to run 120volt AC power to 120v the camera
1. Create a Deployment Plan
Work with us to select the best location(s) for Flock Safety cameras and power sources
How to Get Started with a Powered Install
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 15 Electrician Handout
Electrician Installation Steps*
A4 Run AC cable and conduit to the box
according to NEC Article 300 and any
applicable local codes. The gland
accepts ½” conduit4
&4 Open the box using hinges4
4 Connect AC Mains per wiring diagram
below:
c4 Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nut4
U4 Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nut4
]4 Connect AC Ground wire to the Surge Protector green ground wire using the open position on the lever nut.
4. Verify that both the RED LED is lit on the front of the box
5. Close box and zip tie the box shut with the provided zip tie
6. While still on-site, call Flock, who will remotely verify that power is working
correctly:
Southeast Region - (678) 562-8766
West-Region - (804) 607-9213
Central & NE Region - (470) 868-4027
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 16 FAQs about AC-Powered Flock Cameras
What voltage is supported?
The AC kit is designed to work with 120VAC Infrastructure by default. A 240VAC version is available on request.
How much power does this consume
Peak current draw is 1.5 A at 120VAC. The average power draw is roughly 30W in high traffic conditions but maybe lower when fewer vehicles are present.
Who is responsible for contracting the electrician?
The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician.
Who is responsible for maintenance?
Flock will handle all maintenance related to Flock’s camera and power equipment.
However, any problems with the electrical supply are the customer’s responsibility.
The AC junction box has two lights to indicate the presence of power and make it easy for quick diagnosis if there is a problem related to the AC power source If the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verifies the lights on the AC junction box. If the AC Source light is illuminated, Flock will send a technician to investigate. If the AC source light is not illuminated, the customer should check any GFCI’s or breakers in the supply circuit or call the electrician who installed the power supply.
How much does it cost?
Work required to bring AC power to each location will be different, so exact pricing is unavailable. Primary cost drivers include arrow boards and the distance from the camera location to the AC power source.
What information do I need to provide my electrician?
The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful if you know the location of the existing power infrastructure before creating the deployment plan.
?
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 17 Can you plug it into my existing power outlet? The Flock AC power adapter does not use a standard outlet plug but must be directly wired into the power mains.
While using outlet plugs may be convenient, they can easily be unplugged, presenting a tampering risk to this critical safety infrastructure.
The electrician can route power directly to the camera with a direct wire-in connection if an outlet is close to the camera.
How long does this process typically take?
The installation process typically takes 6-8 weeks. To accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera.
What kind of electrician should I look for?
Any licensed electrician should perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work.
What happens if the electrician damages the equipment?
The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer.
When should the electrician perform his work?
Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole.
What if my electrician has questions about Flock’s AC Kit?
You should share the packet with the electrician if they have questions.
What if the AC power is on a timer?
Sometimes the AC power will be on a timer (like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing circuit.
AC-Power Kit Details
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 18 Installation Service Brief Summary
Below outlines the statement of work for the Flock Camera Installation:
What is covered by Flock
Flock Cameras &
Online Platform
Mounting Poles
AC Power Kit (as needed)
Solar Panels (as needed)
Site Surveys and Call 811
Scheduling
Installation Labor Costs
Customer Support / Training
Cellular Data Coverage
Maintenance Fees
(review for
more details)
Fees Sheet
Data storage for 30 days
Traffic Control and any
associated costs
*DOT Approved Pole cost Electrician
& ongoing electrical costs
Engineering Drawings
Relocation Fees
Contractor licensing fees
Permit application processing fees
Specialist mounting equipment
Bucket trucks
Loss, theft, damage to Flock
equipment
Camera downtime due to
power outage
***Field Technician Maintenance
for Falcon™ Flex
excluding changes during
initial installation
Including, but not limited
to, MASH poles or
adapters
**
Only applicable for
AC-powered cameras
What is NOT covered by Flock Special note
*
**
***
If a location requires a DOT pole (i.e., not our standard), the implementation cost will be $5,000/camera; This cost is applicable for installations in GA, IL, SC, TN, and CA.
MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results
If a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 19 Permitting: Pre-Install Questionnaire
Traffic Control & Installation Method
, this typically necessitates an entire lane to be
blocked in the direction of travel.
If a bucket truck is required
Can you provide a patrol car escort, or will
full traffic control be required?*
4. AC Power vs. Sola
If AC powered, is there a 120V power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety powered
If solar-powered, consider the size of the solar panel and potential to impact the visibility of DOT signs/signals
Single Panel: 21.25" x 14" x 2" (Length x Width x Depth Double Panel: 21.25" x 28" x 2" (LxWxD)
installation kit
3. Right of WaÐ
Will any Flock Safety cameras be installed on the city, state, or power company-owned poles or in the city, county, or state Right of Way (RoW) What is the RoW buffer
Will additional permits or written permission be required from third-party entities (such as DOT, power companies, public works, etc.) Will any cameras be installed on city-owned traffic signal poles (vertical mass)?Ô
If yes, please provide heights/photos to determine if a bucket truck is needed for the installation.Ô
Note: A bucket truck is required if the height exceeds 15 feet tall.
2. Timelin
In Flock Safety s experience, in-depth permitting requirements can The SLA for permit document submission is within 15 days from contract signature date (contract Closed-Won)
add 2+
months to the installation timeline.:
1. PLEASE NOTE: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received.
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 20 Paperwork & Required Form,
Flock Safety will need copies of paperwork to complete before proceeding (ex., business license applications, encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate your assistance in procuring these.
5. Contact,
If Flock Safety needs to interface directly with the departments, please share the contact information of the following departmentsC
Permittin7
Public WorkW
Traffic Department
6.
Will standard plans suffice, or are custom plans needed? Custom plans can double the cost, while standard plans can be pulled from the Manual of Uniform Traffic Control Devices n
Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan need to be sealed and/or submitted by a professional engineery Are there state-specific special versions/variances that must be followedy , the shoulder or sidewalk should suffice and
enable Flock Safety to proceed without traffic control systems in place.u Note: In some states (i.e., arrow boards), sidewalks may require signage. If signage is mandatory, Will your Public Works department be able to assist?
If full traffic control is required (cones, arrow boards, etc.) (MUTCD)
If a bucket truck is not required
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 21 After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by a Customer’s request will incur a fee per the table below.
What services incur fees
/ Requested relocations post-approval by customer:
/ Relocations due to poor performance will be the responsibility of Floc / If a customer requests a location against the advisement of Flock, performance issues and any requested relocations will be the responsibility of the customer
/ Per the contract and absent a defect, in the event that Flock Hardware is lost, stolen, or damaged, Customer may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy
/ Misc billables for out of scope items for each implementation
https://www.flocksafety.com/reinstall-fee-scheduleN
Incurred Fees
/ Camera relocatioi
/ Existing infrastructure (non-AC powered)........................................................ / Flock pole (non-AC powered).............................................................................. / Advanced pole (non-AC powered).................................................................. / Replacement
/ Camera only as a result of vandalism, theft, or damage ............................. / Pole replacement only as a result of vandalism, theft, or damagx / Flock pole .......................................................................................................... / Advanced pole ............................................................................................... / Full replacement as a result of vandalism, theft, or damage:
/ Flock pole, camera, and solar (non-AC Powered).................................. / Advanced pole, camera, and solar (non-AC Powered)..........................
$350
$750
$5000
$800
$500
$5000
$1300
$5800
*Fee Schedule
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 22 Trip charge ...................................................................................................................... Examples
Angle adjustment (elective
Install additional Flock signage
$35!
All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email [email protected].
Help Center
Our Help Center is filled with many resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article:
(National Lookup - network of law enforcement agencies that have opted to allow their network of Flock cameras to be used for searches)
How do I search camera footage?
How do I add a user?
How do I add a vehicle to my own Hot List?
How do I enable browser notifications for Hot List alerts?
How do I get text alerts for Hot List?
How do I request camera access from other nearby agencies?
How do I use the National Lookup to search for a plate? How do I reset my / another user’s password?
Customer Support
You can reach our customer support team anytime by emailing . They can help answer any “How-To” questions you
may have.
[email protected]
Docusign Envelope ID: 82186069-6997-409E-8B76-F64CDF1B3E38 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
2024 Sole Source Letter for Flock Safety® Public Safety Solutions March 10, 2025
Glendora Police Department
150 Glendora Ave
Glendora, CA, 91741
Dear Mike Randazzo,
This letter serves to confirm that Flock Group Inc. d/b/a Flock Safety is the sole provider of our proprietary public safety technology solution specifically designed for use by law enforcement, communities, and private entities to increase safety and reduce crime. Flock Safety’s unique system integrates hardware and cloud-based software to enable real-time data processing and secure data sharing capabilities that are unavailable through other providers.
As the sole developer and provider of this proprietary technology, Flock Safety retains exclusive rights to manufacture, license, and support the products and software we offer. Our solutions include cutting-edge features such as machine learning analytics, CJIS-compliant data storage, and a centralized system that facilitates collaboration across multiple jurisdictions, supporting a more robust and efficient public safety network. Specifically, Flock Safety provides the ability to access additional cameras from Flock customers, including:
Glendora, West Covina, Arcadia, Pasadena, Pomona, at no additional cost.
No other vendor offers the specific combination of hardware and cloud-based features, CJIScompliant data handling, or the national network capabilities that Flock Safety provides. For these reasons, Flock Safety is the only source available for these services.
Thank you,
Garrett Langley CEO, Flock Safety®
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Flock Safety® ALPR Cameras
Flock Safety® is the sole manufacturer, developer, and distributor of Flock Safety Falcon®, Flock Safety Falcon® LR, Flock Safety Falcon® SR, Flock Safety Falcon® Flex, Flock Safety Sparrow®, and Flock Safety Wing® automated license plate recognition (“ALPR”) cameras.
Flock Safety Falcon®
Fixed, infrastructure-free license plate recognition (“LPR”) cameras suitable for capturing two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
Includes Solar Falcon® option (next-gen platform standard range), which may cover up to three (3) lanes of traffic simultaneously
Flock Safety Falcon® LR
Fixed, infrastructure-free long-range (“LR”) LPR, suitable for capturing three (3+) lanes of traffic simultaneously with a single camera from a vertical mass Includes Solar Falcon® LR option (next-gen platform LR) Flock Safety Falcon® SR
Fixed, infrastructure-free short-range (“SR”) LPR with solar power capability, suitable for wide angle capture (i.e., parking lots or garages)
Flock Safety Falcon® Flex
Location-flexible, infrastructure-free self-installation LPR camera with solar power option
Ties seamlessly into the Flock Safety® ecosystem with a small and lightweight camera Ability to read up to 30,000 license plates and vehicle attributes on a single battery charge
Flock Safety Sparrow® LPR
Infrastructure- and maintenance-free LPR for 24/7 neighborhood security Flock Safety Wing® LPR
Integrates third-party LPR and video cameras into FlockOS® utilizing existing camera infrastructures
The Flock Safety® ALPR cameras listed above are the only Law Enforcement Grade ALPR cameras to offer the following combination of proprietary features:
Vehicle Fingerprint Technology®
o Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to “Save Search” based on description of vehicles using Flock’s patented Vehicle Fingerprint Technology® without the need for a license plate, and set up alerts based on vehicle description
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
o Only LPR provider with “Visual Search,” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
Integrated Cloud-Software & Hardware Platform
o Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 65W or less
o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
o Utilizes motion trigger to start and stop recording without the need for a reflective plate
o Motion detection allows for unique vehicle cases such as bicycle capture, ATV, motorcycle, etc.
o On device machine processing to limit LTE bandwidth consumption o All images and metadata is encrypted throughout its entire lifecycle from ondevice to storage in Flock’s US-based CJIS-compliant cloud o Covert industrial design for minimizing visual pollution Transparency & Ethical Product Design
o One-of-a-kind “Transparency Portal,” a public-facing dashboard that details the customer’s policies, as well as automatically updates metrics from the Flock Safety® system
o Built-in integration with National Center for Missing & Exploited Children (“NCMEC”) to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to “opt-out” of being captured Integrated Audio & Gunshot Detection
o Ability to pair with Flock Safety Raven® audio detection device, which has natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) Live Video Integration
o Ability to apply computer vision to third-party cameras using the Flock Safety Wing® LPR, transforming them into evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® ALPR cameras
o Flock Safety Wing® livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents o Manage various government intelligence including ALPR, livestream cameras, computer-aided dispatch (“CAD”), automatic vehicle location (“AVL”) on Flock Safety Wing® suite
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Situational Awareness
o FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® LPR video cameras, including Flock Safety Condor™ live streaming fixed and Flock Safety Condor™ pan-tilt-zoom (“PTZ”) video cameras, and the Flock Safety Raven® audio detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane realtime crime center o Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
o FlockOS® features Flock Safety® unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its direction of travel, providing users with possible outcomes based on a confidence threshold
Warranty & Service
o Lifetime maintenance and support included in subscription price o Flock Safety® is the only fully integrated ALPR one-stop solution from production of the devices to delivery and installation
o Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Partnerships
o Flock Safety® is the only LPR provider to officially partner with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies o Through FlockOS®, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display the relevant information from FirstTwo
o Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
STATE HOMELAND SECURITY GRANT PROGRAM
SUBRECIPIENT AGREEMENT GRANT YEAR 2021
GLENDORA POLICE DEPARTMENT
CITY COUNCIL MEETING
MARCH 25, 2025
MARC ARCHIBALD, SUPPORT SERVICES SUPERVISOR
EXECUTIVE SUMMARY
State Homeland Security Grant Program (SHSGP)
The State Homeland Security Grant Program (SHSGP) awarded Glendora $72,000 to enhance public safety, including leasing Automated License Plate Readers (ALPR). These fixed, portable, or vehicle-mounted systems use imaging and optical recognition to capture license plate data.
Since 2021, Glendora has partnered with Flock to enhance crime monitoring with ALPR cameras. These cameras improve efficiency by tracking city access points and alerting officers to stolen vehicles, wanted individuals, and missing persons. To maximize SHSGP funds, staff recommends expanding the Flock camera system citywide.
LEGISLATIVE HISTORY/PREVIOUS ACTIONS
On May 25, 2021, City Council approved entering
into a two-year agreement to implement the
ALPR systems in the City of Glendora.
On December 12, 2023, approved entering into a
Five-Year Master Services Agreement with Flock
to continue the use of Flock ALPR systems in the
city.
DISCUSSION
Glendora received $72,000 from SHSGP for public safety. The initial bollards project exceeded $300,000, so staff recommends using the funds to expand the Flock ALPR camera system. Since 2021, Glendora has deployed 30 Flock cameras to enhance crime monitoring, prevention, and investigation.
Glendora prioritizes effective law enforcement, using stationary Flock cameras to identify stolen vehicles, suspects, and assist investigations. A key benefit is deterring burglary crews who use stolen cars to evade detection. By intercepting suspects early, law enforcement reduces crime and supports investigations, including missing persons cases.
DISCUSSION
ALPR technology is designed to detect and capture specific vehicle-related data, including:
License Plates – Identifying and recording alphanumeric plate information.
Vehicles – Detecting the presence of a vehicle and associated characteristics.
To provide privacy and avoid misuse, ALPR’s do not detect, record, or analyze the following:
Facial Recognition – The system does not identify individuals through facial imaging.
People – It does not track pedestrians or human movement.
Gender & Race – No biometric or demographic profiling is conducted.
FISCAL IMPACT
• This proposed agreement will be funded using the Homeland Security Grant in Grant Fund 280.
• The increase in estimated revenues and supplemental appropriation in the amount of $72,000 will cover year one of the agreement including the implementation and subscription costs of $71,050.
• The second-year subscription cost of $33,400 will be addressed during the FY2025-27 Two-Year Budget in the Information Technology Fund 553 consistent with existing Flock subscription costs.
RECOMMENDATION
THAT CITY COUNCIL:
1. Approve the 2021 State Homeland
Security Program Subrecipient
Agreement with County of Los Angeles;
and
2. Approve a two-year agreement with Flock Group, Inc., for the use of eleven (11) additional automated license plate readers in the amount of $104,450.
3. Approve an increase in estimated
revenues and a supplemental
appropriation in the FY2024-25
Midcycle Budget from Grant Funds 280
in the amount of $72,000.
STAFF REPORT
TO: Mayor and Council Members DATE: March 25, 2025
FROM: Recreation and Human Services DISTRICT(S): Citywide SUBJECT: Update on Addressing Homelessness
RECOMMENDATION
That the City Council:
1. Receive an update on services provided and efforts undertaken to assist individuals experiencing homelessness in the City;
2. Award a Professional Services Agreement to the Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) in the amount of $262,500 a year for a two-year term for homeless services and temporary housing, with one optional oneyear extension, for a not to exceed amount of $525,000; and
3. Authorize the City Manager, or his designee, to execute the two-year Professional Services Agreement with L.A. CADA with one optional one-year extension, including making minor non-substantive changes.
STRATEGIC FOCUS AREAS
Goal 6: Implement Strategic Homelessness Solutions (ISHS)
EXECUTIVE SUMMARY
This report serves as an update on the efforts taken and programs implemented by the City to address the challenge of homelessness. Staff have directed City resources toward direct assistance to unsheltered residents while also providing case management, referrals, and financial assistance to housed residents experiencing housing instability. The efforts and programs implemented to date reflect the City’s response to ongoing concerns related to the challenge of homelessness in Glendora, through a proactive and holistic approach that balances maintaining order in public areas while providing individuals experiencing homelessness access to needed services. To continue providing these services staff recommend that the City Council award a Professional Services Agreement to the Los Angeles Centers for Alcohol and Drug Abuse (L.A.
CADA) to continue providing homeless services and temporary housing.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On September 24, 2024, the City Council received an update on the efforts undertaken to address homelessness in Glendora since April 2024. The City Council accepted the FY 2024-2025 Grant Award from the San Gabriel Valley Council of Governments Housing Solutions Fund (SGVCOG HSF) in the amount of $50,000 and approved an increase in estimated revenues and a supplemental appropriation of $50,000 in the Measure H Fund (245) for the SGVCOG HSF Grant Award.
On December 2 and 3, 2024, the City Council held a City Council Retreat during which they reviewed the City’s Strategic Plan goals and reviewed potential goals for the 2025-2027 Strategic Plan, including homelessness related priorities.
DISCUSSION
Since the September 2024 City Council update on the efforts to address homelessness in Glendora, Human Services staff, Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) staff, and the Glendora Police Department Community Impact Team (CIT) have continued to provide services to community members experiencing homelessness or being at-risk of homelessness. This homeless services team, which includes a clinician from the Department of Mental Health who partners with CIT officers once a week, maintains a consistent presence in the community’s residential, commercial, and wilderness areas.
While the needs of each individual vary, staff provide a standardized screening for new clients which includes questions about the individuals’ demographic details, income, housing barriers, health concerns, and history of benefits and services already attempted. Staff then work with the individual to create a housing and stability plan that may include referrals to partner agencies that specialize in their needs. Services offered directly by staff include assistance obtaining vital documents (identification, social security cards, birth certificates), assistance with applying for health insurance, food, or cash aid, obtaining health appointments and transportation to these appointments, obtaining food and clothing, applying for housing, applying for employment, mediation between the individual and family members, accessing education, transportation benefits, and food gift cards. Staff can provide referrals to clients that include programs facilitating social security applications, legal aid services, immigration services, employment agencies, referrals to shelter, and population-specific case management including those for youth, families, and veterans.
Preventing Homelessness
The Human Services Division oversees services that support both unsheltered residents served by L.A. CADA and housed residents who are at imminent risk of losing their housing. Both populations include households with a variety of physical, economic, and social needs. Staff have worked closely with single adults, who make up the majority of this population, families with young children, youth enrolled in Glendora Unified School District (GUSD) schools, and seniors.
From the LA Fetra Center, Human Services and L.A. CADA staff have been able to increase their visual presence in the community while also responding quickly to referrals throughout the City. Many of the referrals received from residents at risk of homelessness are the result of relationships with visitors to the La Fetra Center or partnerships built with community groups like Shepherd’s Pantry, GUSD, and local faith communities. This close proximity to recreation and social service programs already serving older adults and individuals with disabilities has allowed staff to engage with and support vulnerable households.
The majority of homeless prevention requests are followed by multiple conversations with Human Services staff to provide resources and referrals. Since September 2024, 24 requests for assistance have been received from households at imminent risk of unsheltered homelessness. Many of these households were given resources and information to help them self-resolve, and only four of these households (that were eligible for assistance) were provided financial assistance to prevent loss of shelter.
Grant Funding
The City continues to supplement its outreach and homelessness prevention programs with a $50,000 grant received from the San Gabriel Valley Council of Governments (SGVCOG) Housing Solutions Fund. This funding, which has been particularly essential in supporting residents at risk of homelessness, must be spent by May 30, 2025.
Housing Solutions Fund Expenses (Sep 2024-Feb 2025)
Expense Category
Households
Served
Amount
Host Family Assistance 1 $400.00
Deposit/Rent Assistance 4 $6,803.72
Move-in Assistance
(Furniture)
3 $2,570.93
Rental Arrears 2 $3,758.00
Motel Vouchers 13 $5,342.80
Miscellaneous 3 $194.95
Total Spent: $19,070.40
From September 2024 to February 2025, Human Services staff provided 50 motel voucher nights with these funds.
With the use of these short-term motel vouchers, one household obtained permanent housing, five households (nine individuals) obtained interim housing, and one person was linked to substance abuse treatment.
These households include a family fleeing from domestic violence, two pregnant women and their partners, and a youth who left an abusive home environment. A veteran with multiple health issues was connected to interim housing and Veteran Affairs (VA) services. Another chronically homeless veteran moved into permanent housing and had new furniture purchased through these funds.
Outreach and Outcomes
The L.A. CADA outreach team is the primary method of providing supportive services to the unsheltered residents of Glendora. Their Monday-Friday full-time presence in the community allows them to build on relationships with chronically unsheltered individuals and facilitate appointments to help clients obtain documentation, access healthcare, and connect with employment and other benefits. This team provides comprehensive support that works to address common barriers to housing, including lack of transportation, low and fixed incomes, lack of community support and advocacy to navigate heavily bureaucratic systems.
L.A. CADA staff document client progress and provide weekly updates to City staff about the type and quantity of services provided, allowing the City to track and respond to changing trends quickly. Overall, L.A. CADA staff have interacted with 561 unique individuals. The graph below shows the trend in the number of total outreach encounters the LA CADA team has had between September 2024 and February 2025 and the number of encounters with new individuals during the same period.
During this period there were 685 total encounters, 77 of which were new encounters. A new encounter is an intentional interaction, with an individual not already contacted, to provide or offer services meant to address basic needs and move the individual closer to housing. The majority of encounters are follow-ups with existing clients, however, and the same individual may have multiple services provided in a given week. An example of this may include meeting “Client A” on Monday and referring them to a shelter (New Encounter #1). “Client A” may meet with staff again on Tuesday for a DMV appointment (Encounter #2), and again on Friday for assistance applying for health insurance (Encounter #3).
The City entered into its two-year homeless services street outreach contract with L.A. CADA in 2022 and opted to extend the contract an additional year. The outreach team has had notable successes in obtaining housing and shelter for some of the most vulnerable individuals in the city. The majority of the clients encountered by the LA CADA team have experienced chronic homelessness, which is defined as any individual who has been homeless for 12 consecutive months or more, often in Glendora. Since the start of their contract, the team helped one individual who has lived without shelter for 10 years and another individual who had been unsheltered for over 20 years obtain permanent supportive housing. Another individual with mental health conditions and a substance abuse disorder obtained a housing choice voucher and was assisted moving into their new unit. Another individual living in their vehicle for over 20 years was assisted with obtaining an income-based affordable housing unit and they were also given move-in assistance. These outcomes were all the result of many encounters with each individual to build rapport, overcome housing barriers, make multiple attempts to connect to supportive services, and countless hours of advocacy.
The relationships built with the unsheltered has laid the foundation for ongoing successes as the team continues to make its presence felt throughout the City. From July 2023 to February 2025, when LA CADA began its operations in Glendora, there were 23 permanent housing successes, 48 individuals who obtained interim housing and 9 individuals who were connected to substance abuse treatment services. This current contract extension will expire April 30, 2025, and staff are recommending that the City Council approve the same contract with L.A. CADA with a five percent increase to $525,000 for two-years, with one optional one-year extension. As part of this contract, L.A. CADA will continue to provide two full-time outreach workers to the city.
The services L.A. CADA provides are complemented by funding sources from the previously discussed SGVCOG Housing Solutions Fund grant and the City’s own homeless assistance and motel voucher program funding. Staff have used City homeless assistance funding to respond to a range of needs from the unsheltered community: hygiene supplies, emergency clothing, food and thrift store vouchers, transportation, and move-in assistance. Staff has also used this funding previously to cover transportation costs for individuals reuniting with family out of the area. The City’s motel voucher funding continues to be utilized as a strategic intervention, as well, to assist unsheltered households in progressing toward their housing goals.
This resource may be offered to help someone transition into substance abuse treatment, interim housing, permanent housing, or to facilitate linkage to important health services. Motel vouchers have also been used as a form of crisis housing for unsheltered individuals during severe weather events. The table below shows motel vouchers provided since September 2024 and is inclusive of the city’s Motel Voucher Program and funding from the SGVCOG Housing Solutions Fund grant.
Motel Expenses (Sep 2024-Feb 2025)
Individuals Served Room Nights Amount
25 143 $11,995.18
Average Cost Per Night: $83.88
Since September 2024, two households (three individuals) obtained permanent housing. During this same period 15 households (17 individuals) obtained interim or host housing. Two individuals accepted substance use treatment/detox services. Outreach staff provided 40 health related support services, and 71 services related to obtaining or renewing a client’s benefits. The motel voucher program has increased the success of the City’s homeless service efforts. It has been an important strategic tool to address basic needs and facilitate linkage to shelter, substance abuse treatment and permanent housing. The table below shows how often motel vouchers are utilized to reach these outcomes.
Outcomes Facilitated by Motel Vouchers (Sep 2024-Feb 2025) Permanent Housing
Interim/Host
Housing
Substance Abuse
Treatment
Total Outcomes 2 15 2
With Motel Voucher 1 10 1
Some success stories are noted below:
Concerned residents referred an individual to outreach staff, with multiple health concerns who was unsheltered in front of their homes. Upon engaging the individual staff realized he was a veteran who had no access to his benefits and who had discharged from the hospital in need of shelter, clothing, and food. Staff provided the veteran with clothing, food, and a shelter referral. While staff connected him to a Veteran’s Affairs (VA) representative, he was provided a night in a motel and was transported to his shelter where VA staff followed-up with him for ongoing support.
A mother fleeing from domestic violence requested emergency shelter after she had exhausted all other resources.
Human Services and LA CADA staff engaged her quickly and helped the family contact multiple shelters and domestic violence resources. Staff was unable to locate any shelters with immediate openings, so the family was provided a motel voucher while the mother and staff continued to search for availability. After two weeks of attempts, the family was linked to a shelter and LA CADA staff transported them safely to their intake.
A veteran that staff had been assisting with obtaining his vital documents and a match to permanent supportive housing moved into his unit with staff assistance in October 2024. Staff purchased new furniture for his unit, took him shopping for new clothes and groceries, and helped him set up his new apartment. The veteran was appreciative of the city’s support and has remained in contact with staff as he adjusts to his new home.
Housing Resources
With consistent follow-up staff are often successful addressing basic needs for their clients: healthcare, documentation, minimal cash and food assistance, medical and mental health services. Shelter, or interim housing, resources are more scarce locally, however, and the majority of successes are due to placement in programs outside of the San Gabriel Valley.
One such program is Soul Housing, a Medi-Cal-funded transitional housing program. Clients who accept this resource are willing to relocate to Los Angeles or San Fernando Valley, share a room with up to 2 other adults, have their belongings searched upon entry to the property, limit personal belongings to two bags, and adhere to daily curfew. Those that refuse this resource usually cite a desire to remain close to family and friends and a preference for being unsheltered in a safe community over shelter in what they may consider a higher-risk environment.
Success obtaining permanent housing has become more difficult due to limited affordable housing opportunities. Staff strive to help each individual obtain the necessary documents to become eligible for Section 8 housing vouchers or, if possible, to identify and lease-up their own unit. However, due to the cost of housing and economic or social barriers faced by clients with homeless histories, staff often attempt to implement alternative housing plans that may include reunification with family members and helping clients find room rentals or shared housing. Because the Section 8 program is federally funded, the amount of vouchers received locally is impacted when federal funding is reduced. On average, a housing voucher match is a rare occurrence and may occur 1-2 times a year for Glendora clients.
Funding changes at the federal level are already starting to be felt locally. The Housing Authority for the City of Los Angeles (HACLA), for example, released a statement on March 6, 2025:
“...Due to funding reductions in the Section 8 program, HACLA has announced the need to pause housing application processing for 3,300 families, a decision made with great difficulty and careful consideration of all possible alternatives. HACLA is working tirelessly to ensure that current voucher holders remain supported and families receiving housing assistance remain housed regardless of uncertainties in federal funding.” Staff continue to monitor to see how this impact will be felt at the county level and if there will be any decrease in voucher opportunities through the Los Angeles County Development Authority. The Los Angeles Homeless Services Authority (LAHSA) is currently the agency managing the matching and distribution of housing vouchers for unsheltered individuals. No clients have been matched to housing vouchers since July 2024.
Community Engagement
Human Services staff have continued to engage the community through City-wide events and smaller community group meetings to spread awareness about available homeless and housing services. This has included:
1. November: Human Services, L.A. CADA and Officer Ed Meeker delivered a presentation on the City’s homeless services program to Easter Seals, a nonprofit that provides health and human services to adults with disabilities. Staff received donated turkeys from First Christian Church and delivered them to households served by the city’s homeless services programs.
2. December: Staff received donated Christmas trees from The Wild Noble and delivered them to households served by the city’s homeless services programs. Staff received donated gift cards from community members to distribute to unsheltered clients. Staff received donated hygiene kits from Glendora Friend’s Church and Glenkirk Church to distribute to unsheltered clients.
3. February: Staff participated in a panel discussion at the GUSD Teen Summit. The homeless services team gave a presentation on city homeless services to the Glendora Coordinating Council.
4. March: Staff attended the San Gabriel Valley Consortium on Homelessness Housing Summit at the Buddhist Tzu Chi Temple. Staff gave a presentation on city homeless services to the Glendora Rotary Club.
5. Staff continue to attend monthly San Gabriel Valley Council of Governments’ Homeless Committee Meetings, San Gabriel Valley Consortium on Homelessness meetings and GUSD Student Attendance Review Board meetings.
Community Partnerships
The City continues to find success in its collaborative, community-based, approach to addressing homelessness, and continues to strengthen relationships with service providers, community stakeholders, and public and private resources. In addition to word-of-mouth referrals for assistance, the seasonal Glendora Report, the City’s Homelessness and Community Outreach website, and social media remain avenues for community members to learn how to contact homeless services staff to receive support. Through phone (626-852-5200) or email ([email protected]), homeless services staff receive referrals for assistance, concerns about encampments, and questions about how to volunteer and give back to the community.
Homeless services staff continue to attend ongoing monthly care coordination meetings held by Service Provider Area (SPA) 3 lead homeless service providers, Union Station Homeless Services (USHS) and Sycamores Child & Family Services, to discuss updates to Coordinated Entry System (CES) resources and programs available to the adult, family, and youth populations. Staff coordinate with public, private, and nonprofit partners including Citrus College, Glendora Unified School District, Glendora Ministerial Association, multiple Los Angeles County Departments (Health Services, Mental Health, Public Social Services), Foothill Family Services, Foothill Unity Center, LAHSA, USHS, Veteran Administration, Volunteers of America, and the YWCA, among others. Homeless services staff and outreach workers from L.A. CADA, work closely with partners like Glenkirk Church who have provided a local shower resource for Glendora residents, and Shepherd’s Pantry which offers food and clothing resources, case management and faith-based services. These basic needs services are a valuable tool to build relationships with clients and help clients connect to community members interested in supporting city efforts.
Addressing Community Concerns
The City’s collaborative partnership between Human Services, the Glendora Police Department and L.A. CADA, has provided a multi-disciplinary approach to addressing community quality of life concerns such as camping on private property, crime, litter and hygiene-related issues, and mediating wildfire risks. While the entire Glendora Police Department responds to concerns throughout the city, the department’s Community Impact Team (CIT) gives particular attention to these areas. L.A.
CADA’s outreach team works closely with CIT officers in responding to requests for outreach and homeless services, particularly for those in crisis. An important component to their success is building relationships with individuals experiencing homelessness and working together to creatively find solutions to overcome barriers to housing. Our law enforcement officers are also responsible for assisting individuals experiencing homelessness when they become victims of crimes, as well as enforcing City laws and codes. They have been instrumental in addressing concerns from the housed community while also providing services and support to the unhoused community.
In June 2024 the United States Supreme Court ruled, in the Grants Pass v. Johnson case, to grant local cities more enforcement power to address homeless related concerns in public spaces, particularly camping and sleeping. This decision overturned previous protections for unsheltered individuals in the 9 th Circuit given by the 2018 Supreme Court decision,
Martin v. Boise. While cities are no longer required to offer shelter before enforcing camping ordinances city staff remain committed to offering services to individuals experiencing homelessness and providing the ongoing support needed to help navigate the limited housing resources available.
City staff undertake a proactive role to address the concerns related to homelessness and its impact on quality of life within the community. City departments have increased coordination to direct community concerns to the appropriate bodies. Some concerns expressed by residents include encampments near residential communities and public open spaces, trash accumulation, and reports of behavior creating a public disturbance. Since the September 2024 update, five cleanups of encampments in and around frequently used public spaces in the City have been undertaken. These locations included wilderness areas in the South Hills, CalTrans property near Lone Hill Ave, and residential neighborhoods adjacent to Glendora Ave. The total cost of this trash, debris, and biohazard material removal and remediation was $30,759.55.
FISCAL IMPACT
The Professional Services Agreement with L.A. CADA for a two-year term to begin May 1, 2025. Sufficient budget is available in the FY2024-25 Adopted Midcycle Budget for the months of May and June in Measure E Fund 103 and Affordable Housing Fund 228. The remainder of the contract will be addressed with the FY2025-27 Two-Year Budget in Measure E Fund 103.
ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.
Prepared By Erik Deurmeier, Human Services Supervisor
Concurs With Debbie Lopez, Human Services Manager
Reviewed By John Aguirre, Recreation and Human Services Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. September 24, 2024 Staff Report
B. Agreement for Contract Services with LA CADA
C. City Attorney Briefing on Grants Pass v. Johnson
D. Presentation
Attachments
A. September 24, 2024 Report.pdf
B. Agreement for Contract Services with LA CADA.pdf
C. City Attorney Briefing on Grants Pass v. Johnson.pdf D. Presentation.pdf
STAFF REPORT
TO: Mayor and Council Members DATE: September 24, 2024
FROM: Recreation and Human Services DISTRICT(S): Citywide SUBJECT: Update on Addressing Homelessness
RECOMMENDATION
That the City Council:
1. Receive an update on services provided and efforts undertaken to assist individuals experiencing homelessness in the City;
2. Accept the Fiscal Year 2024-2025 Grant Award from the San Gabriel Valley Council of Governments Housing Solutions Fund (SGVCOG HSF) in the amount of $50,000; and
3. Approve an increase in estimated revenues and a supplemental appropriation of $50,000 in the Measure H Fund (245) for the SGVCOG HSF Grant Award.
STRATEGIC FOCUS AREAS
• Goal 6: Implement Strategic Homelessness Solutions (ISHS)
EXECUTIVE SUMMARY
This report serves as an update on the efforts taken and programs implemented by the City to address homelessness and provide services to community members currently experiencing homelessness or at risk of losing their housing. The efforts and programs implemented to date reflect the City’s response to ongoing concerns related to the challenge of homelessness in Glendora, through a proactive and holistic approach that balances maintaining order in public areas while providing individuals experiencing homelessness access to needed services.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On April 9, 2024, the City Council received an update on the efforts undertaken to address homelessness in Glendora since December 2023.
On August 7, 2024, the City Council conducted a tour of four housing sites throughout the San Gabriel Valley, including two interim housing sites and two permanent supportive housing sites.
On August 27, 2024, the City Council discussed development options for the City Owned Property located at 1762 Dale Road and directed staff to prepare requests for proposals for the development and operation of up to 25 transitional housing units on 0.25 to 0.50 acres of the property and 40-60 permanent supportive housing units with wraparound services on the remaining property.
DISCUSSION
Since the April 2024 update on the efforts to address homelessness in Glendora, staff have continued their outreach services throughout the City, engaging individuals who are unsheltered or in their vehicles. Staff have noted an increase in the request for services from housed residents at risk of losing their housing and these referrals have come from a wide range of community service providers and organizations. Households at risk of homelessness work with Human Services staff to identify additional income, access available benefits, reduce unnecessary expenses, and apply for available assistance. Many individuals requesting assistance have experienced a one-time hardship and have limited resources to self-resolve. The funding available through the City’s programs has provided an opportunity for these households to access supportive services and develop housing stability plans that will improve their chances of remaining housed and increase resiliency against future instability.
Human Services staff have received regular requests for assistance from housed seniors who may not be facing eviction but are concerned about their ability to remain independent at home. Staff aim to prevent homelessness by linking these households to resources available through their respective insurance programs, the City’s Transportation Division, and local community and faith groups that can provide support for seniors wishing to “age in place.” Human Services staff are developing a relationship with the organization Affordable Living for the Aging, which operates a Shared Housing program that pairs seniors in need of housing to seniors who have spare rooms. This organization screens, matches, and monitors the relationship between the homeowner and renter based on compatibility and living preferences. Staff continue to look for resources and programs such as these to support the City’s aging population and reduce the number of seniors experiencing homelessness.
Staff continue to utilize motel vouchers as a strategic intervention to assist unsheltered households in progressing toward their housing goals. Motel vouchers have also been used as a form of crisis housing for unsheltered individuals during severe weather events. The table below shows motel vouchers provided since the April 2024 City Council update and is inclusive of the City’s Motel Voucher Program and funding from the SGVCOG Housing Solutions Fund grant.
2024 Motel Expenses April-August
Individuals Served Room Nights Amount
21 131 $12,339.14
Average Cost Per Night: $94.19
In that same time period staff has assisted 16 individuals in obtaining interim housing in programs located throughout Los Angeles County. In addition, eight individuals obtained permanent housing; two of which were through reunification with family members, one was through a shared housing program, one was selected through an affordable housing lottery, and four through the Section 8 voucher program. One individual who was offered temporary housing through a host family was later able to remain in the host family’s home long-term. Seven individuals accepted substance use treatment/detox services. Another individual, a veteran, has been matched to a permanent supportive housing resource and is awaiting the final approval of his application. Some success stories including family reunification and other permanent housing are noted below:
• An unsheltered student was linked to crisis housing and supportive services while staff helped them to obtain their basic documents and apply for eligible benefits. Staff supported the youth in connecting to educational opportunities through the City’s relationships with local providers and advocated for them to receive financial support available to them. Staff helped this client identify shared housing where they would be able to receive ongoing case management support while continuing to work toward their education and employment goals.
• An individual who had experienced unsheltered homelessness in Glendora for more than 10 years with multiple health concerns was assisted by staff in being matched to a permanent supportive housing resource. Staff helped this individual gather all documents required for their application, make all necessary appointments, and ensure that their application was successfully processed. This individual moved into their new housing where they would receive on-going wrap-around services, and staff maintained contact after move-in to support the individual with their transition. • Staff had been supporting an individual who is a survivor of domestic violence in connecting to local services and requesting emergency shelter. After difficulty locating a vacancy at a local shelter this individual was assisted in relocating outside of the region through an undisclosed resource. Staff followed-up to confirm they had safely arrived at their new safe housing. • A senior who had lived in their vehicle for 20 years in Glendora, and has received support assistance from the City, was assisted last year by Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) staff in applying for a local affordable housing lottery. This individual was informed they were approved for an available unit and staff helped this senior submit all required documentation for confirmation of their eligibility. Staff placed this individual in a motel until their move-in date and will assist with their move-in and essential furnishings.
• The Glendora Police Department’s CIT and L.A. CADA staff engaged an unsheltered individual who was interested in returning to her family out of state. Staff confirmed the family would receive the client and purchased a bus ticket to get back home.
Community Engagement
Human Services staff have continued to engage the community through City-wide events and smaller community group meetings to spread awareness about available homeless and housing services. This included:
• Participation in the City’s Earth Day event on April 20th. • Human Services staff delivered a presentation to the Kiwanis Club of Glendora about available services and current progress.
• Human Services staff, L.A. CADA and Officer Ed Meeker (Glendora Police Department) met with the Glendora Ministerial Association in May to provide a similar update (available services and current progress).
• On May 22nd, Assistant City Manager Moises Lopez, Human Services Manager, Debbie Lopez, and Human Services & Outreach Coordinator Erik Deurmeier attended the Los Angeles County Homeless Initiative Summit, which was also attended by County and City elected officials, service providers, and staff throughout the homeless services industry.
• Human Services and L.A. CADA staff participated in the August 9th National Night Out event distributing flyers and engaging with the community about available programs and services. • Staff continue to attend monthly San Gabriel Valley Council of Governments’ Homeless Committee meetings and San Gabriel Valley Consortium on Homelessness meetings. • On September 11th Human Services staff attended the San Gabriel Valley Consortium on Homelessness’ Annual Summit where they heard presentations on “Permanent Solutions to Homelessness and Affordable Housing.”
Community Partnerships
The City continues to find success in its collaborative, community-based, approach to addressing homelessness, and continues to strengthen relationships with service providers, community stakeholders, and public and private resources. The seasonal Glendora Report, the City’s Homelessness and Community Outreach website, and social media are some avenues for community members to learn how to contact homeless services staff to receive support. Through phone (626-852-5200) or email ([email protected]), Homeless Services staff receive referrals for assistance, concerns about encampments, and questions about how to volunteer and give back to the community.
Homeless Services staff continue to attend ongoing monthly care coordination meetings held by Service Provider Area (SPA) 3 lead homeless service providers, Union Station Homeless Services (USHS) and Sycamores Child & Family Services, to discuss updates to Coordinated Entry System (CES) resources and programs available to the adult, family, and youth populations. Staff coordinate with public, private, and nonprofit partners including Citrus College, Glendora Unified School District, Glendora Ministerial Association, several Los Angeles County Departments (Health Services, Mental Health, Public Social Services), Foothill Family Services, Foothill Unity Center, LAHSA, USHS, Veteran Administration, Volunteers of America, and the YWCA, among others.
Homeless Services staff and outreach workers from L.A. CADA, work closely with Glendora service provider, Shepherd’s Pantry to connect households to food and clothing resources, case management and faithbased services.
Grant Funding
The City received a $50,000 grant from the SGVCOG Housing Solutions Fund for fiscal year 2023-2024 for housing stability assistance. This SGVCOG grant was established to provide service providers and cities with an additional resource to support clients experiencing homelessness or at-risk of homelessness in obtaining permanent housing or preventing the loss of existing housing. This funding is intended to supplement existing resources available through the broader homelessness system in Los Angeles County. • From December 2023 to June 2024, Human Services staff provided 236 motel voucher nights. During this period nine households obtained permanent housing and these motel vouchers were provided to six of these households. Likewise, 15 individuals obtained interim housing and these motel vouchers were provided to four of them. Both of the individuals who were linked to substance use treatment services during this period were provided a motel voucher prior their intake. • Since the last update a couple who had been unsheltered in Glendora located a unit with a Housing Choice voucher. They were provided a motel voucher to prepare for their move-in and were assisted with essential household items through this grant. Another individual moved into a Permanent Supportive Housing program and had their security deposit and essential household items paid for by this grant funding.
Housing Solutions Fund Expenses (December 2023-June 2024) Expense Category Households
Served Amount
Host Family Assistance 0 $0.00
Deposit/Rent Assistance 2 $2,800.00
Move-in Assistance (Furniture) 3 $1,637.14
Rental Arrears 2 $1,704.00
Motel Vouchers 19 $21,608.32
Miscellaneous (Documentation, Vehicle repair, Transportation) 4 $853.37 FY 23-24 Total Expenses: $28,602.83
The City also received a $50,000 grant award from the SGVCOG Housing Solutions Fund for this fiscal year (2024-2025) to continue providing housing stabilization assistance. Requests for assistance to prevent homelessness have increased since the initial receipt of the Housing Solutions Fund grant. Staff are in the process of assisting multiple households with housing stabilization services, including referrals to local and county programs, accessing Coordinated Entry System services, employment resources, budgeting and life skills, and rental assistance.
• Since July 2024, Human Services staff have provided 40 motel voucher nights. With these vouchers two households transitioned into permanent housing and one individual was linked to a host family while staff continue to assist them with locating permanent housing. • One host family was paid to house another individual for a limited period. With staff assistance increasing their income they have been invited to remain with their host family long-term.
Housing Solutions Fund Expenses (July-August 2024)
Expense Category Households
Served Amount
Host Family Assistance 1 $400.00
Deposit/Rent Assistance 2 $4400.00
Move-in Assistance (Furniture) 0 $0.00
Rental Arrears 1 $2500.00
Motel Vouchers 7 $3,901.52
Miscellaneous (Documentation, Vehicle repair, Transportation) 1 $27.15 FY 24-25 To-Date Expenses: $11,228.67
Outreach and Engagement
The City has continued to find success in its collaborative approach to community outreach, which is made possible through its partnerships between Human Services staff, the Glendora Police Department and their Community Impact Team (CIT) and contracted homeless service provider, L.A. CADA. The City is now in the final year of its contract with L.A. CADA. The CIT’s two full-time police officers and ten collateral officers provide a multi-faceted, holistic approach to addressing homelessness and other community concerns. L.A.
CADA’s outreach professionals work closely with CIT officers in responding to requests for outreach and homeless services, particularly for those in crisis. An important component to their success is building relationships with individuals experiencing homelessness and working together to creatively find solutions to overcome barriers to housing. Our law enforcement officers are also responsible for assisting individuals experiencing homelessness when they become victims of crimes, as well as enforcing City laws and codes.
They have been instrumental in addressing concerns from the housed community while also providing services and support to the unhoused community.
L.A. CADA staff continue to respond to outreach requests throughout the City, helping individuals replace documentation, access healthcare and connect with employment and other benefits. They also assist with transportation to appointments, linkage to legal services, and reinforcing life skills. Once an individual obtains housing, staff assist in setting up a structure to improve their housing success, including guiding the individual on how to navigate local resources and providing all available community support opportunities to improve their chances of retaining this housing.
The table below shows the number of new encounters and total encounters outreach staff have had with individuals experiencing homelessness or at risk of homelessness since April 2024.
April-August 2024 Outreach Encounters
New Total
61 627
Addressing Quality of Life Concerns
City staff undertake a proactive role to address the concerns related to homelessness and its impact on quality of life within the community. City departments have increased coordination to direct community concerns to the appropriate bodies. Some concerns expressed by residents include encampments near residential communities and public open spaces, trash accumulation, and reports of behavior creating a public disturbance. Since the April 2024 update, four cleanups of encampments in and around frequently used public spaces in the City have been undertaken. This work has resulted in the removal of 12.81 tons of trash, debris, and biohazard materials.
City efforts to address encampment areas, which include staff from the Homeless Division, Glendora Police Department, and the L.A. CADA outreach team, employ a balanced approach: one that addresses concerns while providing individuals experiencing homelessness access to needed services.
FISCAL IMPACT
Staff recommends an increase to estimated revenues and a supplemental appropriation of $50,000 in the Measure H Fund (245) for the San Gabriel Vally Council of Governments FY 2024-2025 Housing Solutions Fund grant award.
ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.
Prepared By Erik Deurmeier, Human Services & Outreach Coordinator Concurs With Debbie Lopez, Human Services Manager
Reviewed By John Aguirre, Recreation and Human Services Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. April 09, 2024 Staff Report
B. Glendora HSF Amendment, FY 2024-2025
C. Presentation
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GLENDORA
and
LOS ANGELES CENTERS FOR ALCOHOL
AND DRUG ABUSE (L.A. CADA)
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GLENDORA AND
LOS ANGELES CENTERS FOR ALCOHOL
AND DRUG ABUSE (L.A. CADA)
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2025 by and between the City of Glendora, a California municipal corporation (“City”) and LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE, a California nonprofit public benefit corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
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The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this 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: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 3
and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ___________________
Juan Navarro, CEO
(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 this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer (as defined below) to the Consultant, incorporating therein any adjustment in (i) the Contract Sum (or a portion of the compensation due to Consultant) for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer.
Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
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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 Five Hundred and TwentyFive Thousand Dollars ($525,000) (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 shall be deemed to have certify compliance with all provisions of this Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding April 30, 2027. (“Term”), except as otherwise provided in the Schedule of Performance (as shown on Exhibit “D” attached hereto). The City Manager may, at his/her sole discretion, extend the Term for 1 additional one-year terms.
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:
Juan Navarro, CEO
Micheal Rubio, Director of Outpatient Services
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 Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 7
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 Recreation & Human Services Director, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
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 Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 8
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 sole cost and 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, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to 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.
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(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.
(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 and automobile 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.
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(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 by the City 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 services who is brought onto or involved in the services 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 services will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the Term of this Agreement 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) Deductibles / Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, it officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the city guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
(d) Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
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 Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 12
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 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.
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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, as determined by the Contract Officer. The cure period may run concurrently with the termination period as provided in Section 7.7, if the option to cure in the alternative to termination. 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.
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 Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 14
remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should 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.
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 Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 16
in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 17
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 ___________________
Juan Navarro, CEO
9.7 Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) 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 APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Agreement - LA CADA (Homeless Services) 04.08.2025 18
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF GLENDORA, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:
LOS ANGELES CENTERS FOR ALCOHOL AND DRUG
ABUSE, a California nonprofit public benefit corporation Name: Juan Navarro
Title: CEO
Email Address: [email protected]
Name: Micheal Rubio
Title: Director of Outpatient Services
Email Address: [email protected]
Address: 3675 Huntington Dr., Ste 101. Pasadena, CA 91107 Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC Mar 14, 2025 | 5:23 PM PDT
Mar 14, 2025 | 4:42 PM PDT
01240.0001/1016474.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Consultantshall furnish to the City of Glendora, two full-time Outreach Navigators who will visit five days a week the established encampments throughout the City.
Services will include Housing Navigation and Engagement throughout the City of Glendora. Specifically, Consultant shall provide substance use assessment, hygiene assistance, including clothing, water, and snacks.
B. Consultant’s Outreach Team will conduct an ASAM assessment and, if necessary, clients will be transported to either detox or residential treatment based upon the outcome of each assessment. A total of eight beds will be reserved for the City of Glendora for both residential treatment and/or emergency/transitional housing.
C. Consultant’s Outreach Team will provide intensive case management, which will focus primarily on documentation and homelessness evaluation. Clients will be entered into both CES and HMIS and provided the necessary and appropriate follow-up. Family will be contacted where and when possible, keeping reunification possible and hopeful.
D. Consultant’s Outreach Team will remain flexible and adaptable to meet the specific needs of the City, including the utilization of outside resources.
E. A truck will be dedicated to the City of Glendora to provide adequate transportation and navigation for the homeless.
II. As part of the services, Consultant will prepare and deliver the following tangible work products to the City:
A. Weekly reports documenting outreach efforts.
III. In addition to the requirements of Section 6.2, during performance of the services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Consultant’s Outreach Team will maintain an on-going confidential database ensuring all client engagements are documented and tracked. Reports will be distributed weekly to the Contract Officer and the City’s Police Department.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the services:
Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC 01240.0001/1016474.1 A-2
A. Juan Navarro, CEO
B. Micheal Rubio, Director of Outpatient Services
Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC 01240.0001/1016474.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
None.
Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC 01240.0001/1016474.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
A. Consultant shall send invoices to the City monthly, based upon the services already rendered at the time of the submission. City shall pay all costs properly charged for the services within thirty (30) days of receipt of such invoice(s).
B. Consultant shall be paid at a fixed rate of $21,875 per month so long as the terms, obligation, and requirements of this Agreement are being met by Consultant during the Term of this Agreement.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
III. The City will compensate Consultant for the services performed upon submission of a valid invoice. Each invoice is to include:
A. Month that services were performed.
B. Description of services performed.
IV. The total compensation for the services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC 01240.0001/1016474.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
A. Consultant shall provide all deliverables listed in the Scope of Services set forth in Exhibit “A” attached hereto, which shall be completed monthly during the Term of this Agreement.
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Consultant shall provide all tangible work products set forth in Scope of Services included in Exhibit “A” attached hereto, which shall be completed as and when required by the Contract Officer, and in any case during the Term of this Agreement.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Docusign Envelope ID: F6C1D462-3B48-488F-8177-9F6DFBA157DC 01240.0001/1061313.1
ATTORNEY-CLIENT BRIEFING
March 25, 2025
awattorneys.com
3701 Wilshire Blvd., Suite 725 | Los Angeles, CA 90010
GRANTS PASS V. JOHNSON:
LEGAL IMPLICATIONS FOR CITY LAWS ADDRESSING HOMELESSNESS This hand-out provides a basic summary and update regarding the legal impact of the United States Supreme Court's ruling in City of Grants Pass, Oregon v. Johnson, issued on June 28, 2024.
Martin v. City of Boise
Understanding the Grants Pass decision requires a brief overview of the Ninth Circuit Court of Appeals decision in Martin. In Martin, five homeless individuals sued the City of Boise, Idaho, challenging the city’s anti-camping ordinance and its disorderly conduct ordinance as applicable to homeless people, particularly since the city had no available shelter options. The Ninth Circuit ruled that a city may not prohibit a homeless person from sitting, lying, or sleeping on public property when no alternative shelter exists. The decision provided that the Eight Amendment’s prohibition against cruel and unusual punishment forbids a city from enforcing camping/lodging prohibitions if their local homeless population faces inadequate shelter space within the city’s jurisdiction.
City of Grants Pass, Oregon v. Johnson
The Supreme Court overruled the Ninth Circuit Court of Appeals holding in Martin with its decision in Grants Pass. The case originated when the City of Grants Pass, Oregon, enacted certain ordinances prohibiting: (1) sleeping on public sidewalks, streets, or alleyways; (2) camping in public spaces; and (3) camping and overnight parking in city parks. Penalties ranged from a $295 fine for a first offense to thirty days in jail plus a $1,250 fine. The central legal question was whether enforcing such ordinances against individuals who had no alternative shelter constituted cruel and unusual punishment under the Eighth Amendment.
The Supreme Court’s decision in Grants Pass held that criminal enforcement of anti-camping ordinances does not violate the Eight Amendment’s prohibition on cruel and unusual punishment. The Court reasoned that the Grants Pass ordinances did not criminalize the status of homelessness but were aimed at maintaining public order and hygiene. The Court’s opinion emphasized that the Eighth Amendment's prohibition against cruel and unusual punishment does not protect individuals from laws that seek to address legitimate government interests, even if those laws may disproportionately affect vulnerable populations. The Court’s decision explained that the Eighth Amendment’s prohibition on cruel and unusual punishment limits only the type of punishment a city is permitted to impose against a person for a particular offense, and does not limit whether the city may punish an offense in the first place. 01240.0001/1061313.1
The Supreme Court’s decision allows cities more leeway to manage public spaces and address the challenges posed by homelessness and provides a potential template of protected restrictions that a city can utilize for the enforcement and enactment of new regulations. Three are relevant here:
First, the Supreme Court’ decision allows for a city to prohibit sleeping on public sidewalks, streets and alleyways and be free from 8th Amendment scrutiny. 1 Second, the Supreme Court’ decision allows for a city to prohibit camping and setting up a campsite on public property for the purposes of maintaining a temporary place to live.2
Third, the Supreme Court’ decision allows for a city to prohibit camping and overnight parking within city parks.3
However, the Grants Pass case is narrow by only overturning the Eight Amendment’s Cruel and Unusual Punishment clause as applicable to camping ordinances and future plaintiffs may assert different legal theories. Thus, any ordinance should comply with pre-Martin constitutional requirements, such as avoiding excessive fines that violate the Eight Amendment, Due Process requirements, and Unlawful Search and Seizure prohibitions.
Therefore, we recommend that the City exercise caution when considering enforcing or adopting ordinances prohibiting camping on public property.
Recommendations for Future Anti-Camping Ordinances Include:
➢ Reference Executive Order N-7-24, issued by Governor Gavin Newsom on July 25, 2024, which provides guidelines applicable to state agencies in light of the Grants Pass decision and provides nonbinding recommendations to municipalities to adopt policies consistent with the Executive Order.
o For example, the Order recommends that state agencies and local governments should provide at minimum 48 hours’ notice to vacate the area before clearing an encampment (with exceptions for imminent threat to health and safety of the public), and should store the property for a minimum of 60 days; however, trash and abandoned property may be immediately disposed (with some limits) 1 Grants Pass Municipal Code ("GPMC") § 5.61.020(A) (2023). 2 GPMC §§ 5.61.010(A)–(B).
3 GPMC §§ 5.61.010(A)–(B).
01240.0001/1061313.1
➢ Provide objectively reasonable regulations for anti-camping restrictions based on time (such as prohibiting camping between sunset and sunrise) or location (such as prohibiting camping in high-traffic areas or in areas near public transit) ➢ Impose reasonable fines for anti-camping violations to avoid challenges under the Eighth Amendment’s Excessive Fines Clause.
➢ Consider comparing anti-camping fines to those for other quality-of-life violations. ➢ Frame anti-camping laws as measures to encourage individuals to accept services and maintain public safety, rather than as punitive actions. ➢ Establish clear procedures for the impoundment of tents, blankets, and other personal belongings, ensuring compliance with the Fourth Amendment’s protections against unreasonable search and seizure.
UPDATE: ADDRESSING HOMELESSNESS
IN GLENDORA
RECREATION AND HUMAN SERVICES DEPARTMENT
CITY COUNCIL MEETING
MARCH 25, 2025
ERIK DEURMEIER, HUMAN SERVICES SUPERVISOR
COMMUNITY ENGAGEMENT
INCREASING AWARENESS OF CITY PROGRAMS & SERVICES
• GLENDORA COORDINATING COUNCIL
• ROTARY CLUB
• EASTER SEALS
• LOS ANGELES POINT IN TIME HOMELESS COUNT
COORDINATING WITH PARTNERS
• SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
• Homeless Committee Monthly Meetings
• SAN GABRIEL VALLEY CONSORTIUM ON HOMELESSNESS
• Annual Summit, and Monthly Meetings
• LOS ANGELES COUNTY HOMELESS INITIATIVE SUMMIT
| 2
COMMUNITY PARTNERSHIPS
CONTINUED CROSS-SECTOR COLLABORATION
• SHEPHERD’S PANTRY
• GLENDORA MINISTERIAL ASSOCIATION (AND MEMBER FAITH COMMUNITIES) • GLENDORA UNIFIED SCHOOL DISTRICT
• YWCA
• Case management at La Fetra Center ongoing
• Case conferencing for homeless prevention and domestic violence situations • VETERAN’S AFFAIRS
• Referrals to VA Peer Support Specialist
• DEPARTMENT OF MENTAL HEALTH
• Referrals and Assessments, through Glendora PD Community Impact Team • Coordination with providers from local clinics
| 3
HOMELESS POINT IN TIME COUNT
| 4
65.4 18.7
58.5 63.5
145
113
84 70
106
147
0 20
40 60
80 100
120
140
160
2016 2017 2018 2019 2020 2021 2022 2023 2023 2024
Homeless in Glendora
Unsheltered Individuals (Point In Time Counts)
City Net City Net
*Most recent Point in Time Count held February 19, 2025
ONGOING EFFORTS
REQUESTS FOR HOMELESSNESS PREVENTION
ASSISTANCE INCREASING
• FAMILIES EXPERIENCING 1X
FINANCIAL CRISIS
• SENIORS AND INDIVIDUALS WITH
DISABILITIES ON FIXED INCOMES
• HOUSEHOLDS WHO HAVE EXPERIENCED
DOMESTIC VIOLENCE
| 5
20 4
HOUSEHOLDS REQUESTING
PREVENTION ASSISTANCE
Self Resolved or Ineligible
Received Financial Assistance
ONGOING EFFORTS
INTAKE PROCESS
• SCREENING FOR ELIGIBILITY
• DOCUMENTATION REQUESTED TO VERIFY HOUSING CRISIS
• REFERRAL TO EXISTING COMMUNITY RESOURCES AND CES SYSTEM • VERIFICATION OF ELIGIBILITY FOR FINANCIAL ASSISTANCE
• HOUSING STABILITY PLAN
• Action taken by household, with support from Human Services staff, to access available resources
• Must show that financial assistance will resolve housing crisis | 6
ONGOING EFFORTS
OUTREACH AND ENGAGEMENT
• CONTINUING COORDINATION BETWEEN HUMAN SERVICES DIVISION, L.A.
CADA AND GLENDORA POLICE DEPARTMENT
• SUCCESSES SINCE SEPTEMBER 2024
• 3 individuals into permanent housing
• 17 individuals into interim housing
• 2 individuals received substance use treatment
• OUTREACH ENCOUNTERS SINCE SEPTEMBER 2024
• 77 new interactions
• 685 total outreach encounters
| 7
OUTREACH ENCOUNTERS
| 8
0 5
10 15
20 25
30 35
40 9/6/2024 10/6/2024 11/6/2024 12/6/2024 1/6/2025 2/6/2025 Number of Encounters Per Week
Week of Outreach Encounter
Total Encounters New Encounters
ONGOING EFFORTS
MOTEL VOUCHERS
• TO TRANSITION CLIENTS INTO PERMANENT OR INTERIM HOUSING • AS CRISIS HOUSING DURING SEVERE WEATHER EVENTS
• TO FACILITATE LINKAGE TO IMPORTANT HEALTH OR HOUSING APPOINTMENTS *Includes Glendora Motel Voucher Program and SGVCOG Housing Solutions Fund Motel Expenses: (Sep 2024-Feb 2025)
Individuals Served Room Nights Amount
25 143 $11,995.18
Average Cost Per Night: $83.88
| 9
ADDRESSING COMMUNITY CONCERNS
BALANCED OUTREACH AND ENFORCEMENT APPROACH
• GLENDORA POLICE DEPARTMENT COMMUNITY IMPACT TEAM (CIT) • All of GPD work closely with housed residents and unsheltered community but the CIT officers focus efforts on these concerns
• Department addresses community concerns and tracks data on crime-related homeless activity
• Focus remains on providing services to those in need while maintaining public health and safety
• 5 encampment clean-ups since September, 2024, at cost of $30,759.55. Includes removal of trash, debris, and biohazard material and remediation. | 10
COURT DECISIONS
LEGAL IMPLICATIONS FOR CITY LAWS ADDRESSING HOMELESSNESS • MARTIN V. BOISE (2018)
• 9th Circuit Court of Appeals ruled that a city may not prohibit a homeless person from sitting, lying, or sleeping on public property when no alternative shelter exists.
• Cited Eighth Amendment’s prohibition against cruel and unusual punishment • JOHNSON V. GRANTS PASS (2024)
• U.S. Supreme Court ruled that criminal enforcement of anti-camping ordinances does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment
• Decision provides more leeway to manage public spaces and challenges posed by homelessness
| 11
GRANT FUNDING
SGVCOG HOUSING SOLUTIONS FUND FY 2024-2025
• $50,000 GRANT FOR HOUSING STABILIZATION FOR ELIGIBLE HOUSEHOLDS • Homeless prevention, move-in assistance, relocation costs, miscellaneous support
Housing Solutions Fund Expenses (Sep 2024-Feb 2025)
Expense Category Households
Served Amount
Host Family Assistance 1 $400.00
Deposit/Rent Assistance 4 $6,803.72
Move-in Assistance (Furniture) 3 $2,570.93
Rental Arrears 2 $3,758.00
Motel Vouchers 13 $5,342.80
Miscellaneous (Documentation, Transportation) 3 $194.95 Total Expenses: $19,070.40
| 12
L.A. CADA CONTRACT
CURRENT CONTRACT: MAY 2022-APRIL 2025
• TERM: TWO YEARS, WITH OPTIONAL ONE-YEAR EXTENSION GRANTED • COST: $250,000 PER YEAR
• TWO FULL TIME OUTREACH STAFF
• EIGHT TEMPORARY EMERGENCY SHELTER BEDS
PROPOSED CONTRACT: MAY-2025-APRIL 2027
• TERM: TWO YEARS, WITH OPTIONAL ONE-YEAR EXTENSION GRANTED • COST: $262,500 PER YEAR
• TWO FULL TIME OUTREACH STAFF
• EIGHT TEMPORARY EMERGENCY SHELTER BEDS
| 13
HOUSING RESOURCES
INTERIM HOUSING
• ALL INTERIM HOUSING PLACEMENTS WERE OBTAINED OUTSIDE OF SAN
GABRIEL VALLEY
• Clients continue to report their greatest resistance to shelter is lack of local resources and reluctance to be removed from their community
PERMANENT HOUSING
• SECTION 8 VOUCHERS REMAIN A LIMITED RESOURCE
• FEDERAL FUNDING DECISIONS FELT LOCALLY
• March 6, 2025: The Housing Authority of the City of Los Angeles announced a pause on housing voucher applications for 3,300 families • Concern about Los Angeles County Development Authority resource availability | 14
SUCCESS STORIES
• An individual with multiple visible health issues was referred by concerned residents. Staff discovered he was a veteran without current benefits and had discharged from the hospital in need of shelter, clothing, and food. Staff gave the veteran clothing, food, and a shelter referral.
While staff connected him to a Veteran’s Affairs (VA) representative, he was provided a night in a motel and was transported to his shelter where VA staff followed-up with him for ongoing support.
• A family fleeing domestic violence was in need of shelter after they had exhausted all other resources. Staff engaged them quickly and helped the family contact multiple shelters and domestic violence resources. None were immediately available so the family was given a motel voucher while staff continued to assist. After two weeks, the family was linked to shelter and LA CADA transported them safely to their intake.
• A veteran working with staff moved into his permanent supportive housing unit in October 2024 after 20 years of homelessness. Staff purchased new furniture for his unit, took him shopping for new clothes and groceries, and helped him move-in. The veteran was appreciative of the city’s support and has remained in contact with staff as he adjusts to his new home. | 15
RECOMMENDATIONS
THAT THE CITY COUNCIL:
1) Receive an update on services provided and efforts undertaken to assist individuals experiencing homelessness in the City;
2) Award a Professional services Agreement to the Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) in the amount of $262,500 a year for a two-year term for homeless services and temporary housing, for a not to exceed amount of $525,000;
3) Authorize the City Manager, or his designee, to execute the two-year Professional Services Agreement with L.A. CADA with one optional one-year extension, including making minor non-substantive changes.
| 16
STAFF REPORT
TO: Mayor and Council Members DATE: March 25, 2025
FROM: City Manager DISTRICT(S): Not Applicable
SUBJECT: 2023-2025 Strategic Plan Update and Consideration of the Draft 2025-2027 Strategic Plan
RECOMMENDATION
That the City Council:
1. Receive an update on the 2023-2025 Strategic Plan;
2. Receive an update and provide direction on the Draft 2025-2027 Strategic Plan
STRATEGIC FOCUS AREAS
All Strategic Focus Areas
EXECUTIVE SUMMARY
In order to provide the City Council, City Staff, and Glendora Community with insight into the strategic policy initiatives of the City, the City Council adopts a multi-year strategic plan. The Draft 2025-2027 Strategic Plan takes into account past strategic planning efforts, recent community survey data, updated financial projections, infrastructure assessments, and other master planning documents.
Coinciding with the City’s two-year budget process, the multi-year plan allows for a “what gets funded, gets done” methodology; elements of the plan are incorporated into employee workplans to engage staff at all levels of the organization.
Updates on the strategic plan are provided quarterly. The current strategic planning cycle kicked off with a two-day City Council workshop in December 2024, and continued with a one-day executive staff workshop in February 2025.
The City Council will receive a progress update on the 2023-2025 Strategic Plan and consider the Draft 2025-2027 Strategic Plan for approval.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora has undertaken strategic planning efforts for many years. Since 2020, the City Council has transitioned from six-month to multiple year plans for better alignment with the City's budgeting process and engagement of City staff.
The 2023-2025 Strategic Plan was adopted on April 11, 2023. Periodic updates to the plan have been provided to the City Council via presentations under Special Items during City Council meetings, as part of the budget process, and through City Council workshops.
The 2025-2027 strategic planning cycle began with a City Council strategic planning workshop that was held on December 2- 3, 2024.
DISCUSSION
To guide strategic policy initiatives and ensure alignment across the organization, the City Council adopts a multi-year strategic plan that integrates community survey data, financial forecasts, infrastructure assessments, and master planning documents. This strategic plan, timed with the City’s two-year budget cycle, emphasizes the principle that "what gets funded, gets done," embeds plan outcomes into employee workplans and provides for quarterly progress updates. The current strategic plan, adopted in April 2023, will end in June 2025.
The 2023-2025 Strategic Plan includes seven goals, which are broken down into objectives and further into tasks. The policy goals included in the plan have been consistent with past strategic planning efforts for more than five years. A detailed analysis of the progress to date can be found at Attachment A, a summary is included below:
GOAL
# OF
OBJ.
TASKS
Complete In-Progress Not Started Totals
Goal 1: Implement Strategic Economic
Development
9 24 11 2 37
Goal 2: Maintain Financial Stability and
Sustainability
5 14 4 0 18
Goal 3: Enhance Employee Development
and Retention
3 9 6 0 15
Goal 4: Enhance and Modernize the
Organization
12 30 21 3 54
Goal 5: Improve and Maintain
Infrastructure and Facilities
8 9 16 2 27
Goal 6: Implement Strategic
Homelessness Solutions
4 15 0 0 15
Goal 7: Enhance Community
Engagement and Presence
8 18 3 1 22
Totals 49 119 61 8 188
63.3% 32.4% 4.3%
Since the 2023-2025 Strategic Plan’s adoption in April 2023, the City has completed a significant portion of the plan, including more than $30 million in street/sidewalk/water/park projects, updated housing and economic development plans, and commenced major technology projects. Attachment A not only provides a comprehensive update, it also links the “InProgress” and “Not-Started” items in the current plan to the Draft 2025-2027 Strategic Plan.
The 2025-2027 strategic planning cycle began with a Special City Council meeting in early December 2024. To assist with the development of new strategic goals, the City engaged SSW Consulting to facilitate a two-day workshop with the City Council. The culmination of the two days included the development of five new strategic goal areas:
SubURBAN Living: Foster intentional urbanization through increased targeted housing density, revitalized commercial areas, and enhanced services and infrastructure that supports a livable community for all.
Glendora as a Destination: Attract visitors through strategic marketing, promotion of local businesses, and enhanced connectivity between attractions for a seamless destination experience.
New + Revitalized Facilities: Develop new and enhanced facilities including a modern civic center and improved public spaces that foster connectivity, accessibility, and civic pride.
Sustainable Infrastructure: Plan and construct infrastructure that enhances street conditions, expands trail connectivity, improves traffic safety and mobility, upgrades water systems, and ensures compliance with regulatory standards for a resilient and accessible community.
Staff + Technology: Strengthen City operations through investment in staff and technology improvements.
In early February 2025, SSW Consulting led a one-day workshop with the City’s Executive Team to further the efforts started by the City Council. During this session, the Executive Team added Actions/Indicators that will achieve the Goals and Outcomes crafted by the City Council. Further, the Executive Team added additional Outcomes/Actions/Indicators from the City’s current strategic plan to ensure critical projects underway are continued and funded.
The Draft 2025-2027 Strategic Plan presented for City Council consideration (Attachment B), provides a summary of the ambitious work plan the City will undertake over the next two years. The document is intended to provide the reader with an understanding of the major policy goals of the City Council, a summary of expected outcomes, and high-level details on major actions undertaken by City staff that will be used to measure progress.
More specifically, on Attachment B, each new City Council Goal is broken down into measurable Outcomes. Those Outcomes are further refined by specific Actions and Indicators that provide depth and perspective to the reader and allow staff to measure and report progress of each Goal area in a transparent manner. Each Action/Indicator is assigned to a Department/Division and given an estimated date of completion.
Below is an example of how the Draft 2025-2027 Strategic Plan is organized:
GOAL: SubURBAN Living: Foster intentional urbanization through increased targeted housing density, revitalized commercial areas, and enhanced services and infrastructure that supports a livable community for all (one of five new City Council Goals).
OUTCOME: A complete eco-system to support the homeless population and improve access to support tools (one of four outcomes under the SubURBAN Living Goal)
ACTION: Formalize interdependence of our partners who serve homeless community (One of three actions listed under the Complete Eco-System Outcome)
INDICATOR: Prepare an assessment of service providers – 2025 Q2: Recreation and Human Services, Library, and Police Department (one of two indicators under the Formalize interdependence action item)
The Draft 2025-2027 Strategic Plan is robust. While staffing capacity, financial resources, and a changing political landscape may limit the ultimate number of actions taken, the plan will further the City Council’s policy goals and achieve many of the expected outcomes.
Upon City Council review and direction, staff will return to the City Council with a Final 2025-2027 Strategic Plan for consideration and approval. The final plan will take the form of a report that includes a more polished version table presented today, background on the methodology of strategic planning and the develop of the plan, and instructions on how to use the plan.
Based on City Council feedback and direction, staff anticipates a final report for consideration will be ready by the end of April 2025.
FISCAL IMPACT
There is no fiscal impact associated with the recommendations included in the report. Each item included in this plan will have its own fiscal impact; those impacts will be included in the FY 2025-2027 Two Year Budget and provided with each City Council action, where applicable.
ENVIRONMENTAL DETERMINATION
Not applicable.
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
Legal Review Not Applicable
CEQA Review Not Applicable
ATTACHMENTS:
A. 2023-2025 Strategic Plan Update
B. Draft 2025-2027 Strategic Plan
C. Presentation
Attachments
A. 2023 - 2025 Strategic Plan March 2025 Update.pdf
B. 2025 - 2027 Draft Plan.pdf
C. Presentation.pdf
2023-2025 Two-Year Strategic Plan
March 2025 Update
Summary
Complete In-Progress Not Started Totals
Goal 1 9 24 11 2 37
Goal 2 5 14 4 0 18
Goal 3 3 9 6 0 15
Goal 4 12 30 21 3 54
Goal 5 8 9 16 2 27
Goal 6 4 15 0 0 15
Goal 7 8 18 3 1 22
Totals 49 119 61 8 188
63.3% 32.4% 4.3%
TASKS GOAL # OF OBJ.
2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 1
STATUS DRAFT 2025-2027
STATEGIC PLAN NOTES
Task 1: Host a public workshop on modern economic development practices. Completed Task 2: Create an incentive package for identified industry clusters. Completed Task 3: Identify top 10 economic leakage opportunities. Completed Task 4: Re-branding and marketing of the City with materials and media. Completed Task 5: Evaluate Staffing needs based on City Council priorities. Completed Task 6: Identify changes necessary to Route 66 and Arrow Highway Specific Plans to attract projects.
In-Progress Included
SubURBAN Living - General
Plan Update and Economic
Action Plan
Task 7: Identify private property owners who want to work with the City. Completed Task 1: Complete Safety and Environmental Justice sections. In-Progress Included SubURBAN Living - General Plan Update
Task 2: Prepare for remaining sections and issue an RFP for consultants to begin working in 2025.
In-Progress Included SubURBAN Living - General
Plan Update
Task 1: Complete Business Improvement District changes. Completed Task 2: Complete Meda Avenue and Bus Plaza improvements. Completed Task 3: Complete Outdoor Dining Program. Completed
Task 4: Complete outdoor sign, display rules and regulations. Not Started Not Included Glendora as a Destination
includes a way-finding
assessment
Task 5: Complete policy for use of public space in Village. In-Progress Included Glendora as a Destinatio n -
Working with Chamber and
Bid & New+Revitalized
Facilities - Improved public
spaces
Task 1: Complete conceptual development plans for future housing and commercial developments. In-Progress Included SubURBAN Living - Station Development Vision Task 2: Identify key sites for targeted development. Completed Task 3: Identify daytime vs nighttime needs. In-Progress Included SubURBAN Living - Station Development Vision
Task 4: Approve certain allowances and incentives for targeted businesses. In-Progress Included SubURBAN Living - Station
Development Vision and
General Plan Update
Task 5: Coordinate community-based place marking to include Civic buildings. In-Progress Included SubURBAN Living - Station
Development Vision and
New + Revitalized Facilities -
New or revitalized Civic
Center
Task 1: Complete rezoning required for density increases. Completed Task 2: Implement 31 action items approved by City Council and Planning Commission. Completed Task 3: Develop objective design standards (ODS). In-Progress Included SubURBAN Living - General Plan Update
Task 4: Identify and implement areas of CEQA streamlining. Not Started Included SubURBAN Living - General Plan Update
Task 5: Identify and implement affordable housing programs and incentives. Completed Task 6: Update subdivision code. In-Progress Included SubURBAN Living - General Plan Update
Task 1: Follow required HCD process for disposition of City property. Completed Task 2: Identify best use for site. Completed
Task 3: Identify a developer or buyer to move forward with best use. Completed Task 1: Survey of surrounding cities’ public art programs. Completed Task 2: Complete summary of Glendora’s public art policies. Completed Task 3: Finalize City Council feedback on recommendations for a comprehensive public art plan. Completed GOAL 1: Implement Strategic Economic Development ITEM Objective 08: Prioritize City investment to compliment City priorities and programs.
Objective 01: Update the Economic Development Action Plan to facilitate development/attraction of desired housing and commercial venues/restaurants/office in the City.
Objective 02: Continue Comprehensive General Plan Update (Long-Term).
Objective 03: Complete Village projects.
Objective 04: Create a Vision and Development Plan for the Village/Gold Line area.
Objective 05: Sixth Cycle Housing Element follow-up.
Objective 06: Complete disposition of San Jose site.
Objective 07: Develop and implement a comprehensive public art policy. 2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 1
Task 1: Finalize approach to the preparation of the City’s Capital Improvement Plan (CIP). Completed Task 2: Facilitate investment in City parks and facilities to promote greater access and use. Completed Task 3: Ensure foundational plans are included in future development decisions. Completed Task 1: Provide overview of annexation process through LAFCO. Completed Task 2: Development of Cost of Services Study. In-Progress Included SubURBAN Living -
Determination of
annexations
Task 3: Identify population changes with possible new residents and comparison to current population trends. Completed
Objective 09: Consider possible annexation of County islands within the City’s sphere of influence.
2023-2025 Two-Year Strategic Plan
March 2025 Update
Goal 2
STATUS DRAFT 2025-2027
STATEGIC PLAN NOTES
Task 1: Conduct a comprehensive fee study to ensure that fees and rates are adequate. In-Progress Not Included Current fee study is
underway and will be
completed/implemented by
January 2026
Task 2: Ongoing review and update of fees and rates in a timely manner. Completed Task 3: Pursue alternative sources of funding. Completed Task 4: Leverage public/private/non-profit partnerships to augment service delivery options. Completed Task 5: Pursue additional grant funding opportunities. Completed Task 6: Evaluate the appropriate balance of land uses. In-Progress Included SubURBAN Living - General Plan Update
Task 7: Consider re-establishment of assessment districts for landscaping and lighting. Completed Task 1: Implement new finance software (Tyler) and train city staff. Completed Task 2: Actively manage investments to maximize returns for cash on hand. Completed Task 3: Optimize the budget process to be more transparent. Completed Task 1: Provide frequent updates and reports to stakeholders to address problematic areas in the City. Completed
Task 2: Proactively address areas of concern through needs assessment and CIP. Completed Task 3: Conduct monthly safety training for all employees. Completed Task 4: Complete annual audits (financial, liability, and worker’s compensation). Completed Task 1: Prepare plans specific to City assets to evaluate the total cost of ownership and operations.
In-Progress Included
Glendora as a Destination -
South Hills Highest and Best
Use and New + Revitalized
Facilities - New or revitalized
civic center and Improved
public spaces
Task 2: Take necessary steps to participate in the Uniform Public Construction Cost Accounting Act program.
Completed
Task 1: Implement the elements of the Memorandum of Understanding, including technology transition.
In-Progress Not Included
Staff + Technology goal areas
does not specifically mention
the final phases of this
project, which will still be a
work-in-progress by staff.
Task 2: Assess the impact to the City’s budget of absorbing the costs related to some ongoing programming, services and content for the public and platforms. Completed GOAL 2: Maintain Financial Stability and Sustainability Objective 04: Develop a program to proactively address ongoing management and operations of City assets to maximize use of local resources.
Objective 03: Enhance the City’s risk management program.
Objective 02: Enhance fiscal responsibility for the use of resources.
ITEM
Objective 05: Continue developing affiliation between the City and Glendora Public Library Friends Foundation.
Objective 01: Safeguard long term security of revenues to fund core public services. 2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 3
STATUS DRAFT 2025-2027
STATEGIC PLAN NOTES
Task 1: Establish a Wellness Committee to deploy programs that will create exceptional experiences.
Completed
Task 2: Initiate a Performance Management Program to motivate and develop employees. In-Progress Included Staff + Technology - Stable workforce
Task 3: Deploy Human Resources software that will enhance accessibility to employment actions.
Completed
Task 4: Continue efforts to engage employees with more employee centric program benefits. Completed Task 5: Conduct employee satisfaction survey. In-Progress Included Staff + Technology - Stable workforce
Task 6: Evaluate all positions for remote work ability. Completed Task 1: Initiate diversity, equity, inclusion (DEI) training and programs. Completed Task 2: Enhance marketing and communication strategies to expand outreach to candidates. Completed Task 3: Develop a Succession Plan that grows and develops internal staff. In-Progress Included Staff + Technology - Stable workforce
Task 4: Offer learning and development opportunities that include training, academies, coaching, etc. Completed
Task 5: Enhance the onboarding experience to include training and exposure to all City departments. In-Progress Included Staff + Technology - Stable workforce Task 6: Establish a formal internship/apprenticeship program to develop the next generation of employees. Completed
Task 1: Update and provide training on personnel rules and regulations. In-Progress Included Staff + Technology - Stable workforce
Task 2: Monitor and revise MOU’s, as appropriate. In-Progress Included Staff + Technology - Stable workforce
Task 3: Evaluate and modernize organizational structure and positions. Completed Objective 03: Maintain positive working relationships with City’s labor groups.
Objective 02: Attract, recruit, and retain qualified and diverse individuals to the organization.
Objective 01: Create a positive work experience and support employee work-life balance through engagement and wellness.
ITEM GOAL 3: Enhance Employee Development and Retention 2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 4
STATUS DRAFT 2025-2027
STATEGIC PLAN NOTES
Task 1: Issue a RFP for a consultant to assist the City with updating of the Urban Forestry Manual. Completed
Task 2: Review frequency of grid trimming against best practices and funding available. In-Progress Included New + Revitalized Facilities - urban Forestry Manual
Task 3: Review fees associated with development. In-Progress Included New + Revitalized Facilities - urban Forestry Manual
Task 4: Present preliminary finding of draft plan to City Council and possibly Planning Commission. In-Progress Included New + Revitalized Facilities - urban Forestry Manual Task 5: Incorporate final document, where necessary, into the various development and CIP processes.
In-Progress Included New + Revitalized Facilities -
urban Forestry Manual
Task 1: Define the vision and purpose of the City’s communications plan. In-Progress Included Glendora as a Destination -
Implement Strategic
Communications Plan
Task 2: Develop the framework for creating a Communications Task Force, comprised of multiple departments. In-Progress Included
Glendora as a Destination -
Implement Strategic
Communications Plan
Task 3: Evaluate unique ways to engage the City Council and Board/Commissions in robust information sharing. Not Started Included
Glendora as a Destination -
Implement Strategic
Communications Plan
Task 4: Evaluate unique ways to communicate with different groups in town. Not Started Included Glendora as a Destination -
Implement Strategic
Communications Plan
Task 5: Develop a strategic communications and marketing outline for the next two to four years.
In-Progress Included
Glendora as a Destination -
Implement Strategic
Communications Plan
Task 6: Find ways to engage the community through feedback and other forms of communication/outreach. Completed
Task 1: Develop a City “tagline” to utilize in the branding of City. Completed Task 2: Create/update style guide and incorporate into overall communication strategy. Completed Task 3: Redesign/organize City’s website to make it intuitive for all constituents. Completed Task 4: Revised website will incorporate additional opportunities for the community to stay informed. Completed
Task 1: Return to City Council and Board of Trustees with updates in 2023. Completed Task 2: Ensure adopted plan incorporates feedback from 2022 City Council / Board of Trustee Joint Meeting. Completed
Task 3: Ensure updated MOU explores expansion of field accessibility, school site locations, etc. Completed Task 4: Return to City Council and Board of Trustees for approval in December 2023 to January 2024.
Completed
Task 5: Review funding options for site improvements, including user fees and possible bond measures.
Completed
Task 1: Complete review of all policies. In-Progress Not Included Project will continue at a
lower priority level as time
permits
Task 2: As needed, meet and confer with City’s bargaining groups. In-Progress Not Included Project will continue at a
lower priority level as time
permits
Task 3: As needed, present policies to City Council for approval. In-Progress Not Included Project will continue at a
lower priority level as time
permits
Task 1: Deploy and configure the software to automate and streamline manual processes. In-Progress Included Staff + Technology -
Completed software
implementation
ITEM GOAL 4: Enhance and Modernize the Organization
Objective 03: Develop and enhance City branding.
Objective 02: Create a communications strategic plan.
Objective 01: Update Urban Forestry Manual.
Objective 06: Complete enterprise resource planning (ERP – Finance/HR/Payroll) system, land management/permitting system, and asset management with City mobile application implementation.
Objective 05: Update Administrative Manual (long-term).
Objective 04: Develop and approve an updated Glendora Unified School District memorandum of understanding.
2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 4
Task 2: Clean and migrate complete and accurate data. In-Progress Included Staff + Technology -
Completed software
implementation
Task 3: Test the system and train all users. In-Progress Included Staff + Technology -
Completed software
implementation
Task 4: Go Live with core software modules. In-Progress Included Staff + Technology -
Completed software
implementation
Task 5: Provide public outreach to community on access ability to make payments, submit work requests.
Not Started Included
Staff + Technology -
Completed software
implementation
Task 1: Finalization of base layer used for all City uses. Completed Task 2: Deployment of ESRI tools to City staff. Completed Task 3: Establish process for layer development and maintenance. Completed Task 4: Determine what additional tools are needed for deployment to the public. Completed Task 1: Issue a request for proposal (RFP) for an updated, internet based, phone system. Completed Task 2: Continue with movement of legacy infrastructure to the cloud to improve performance and redundancy. Completed
Task 3: Prepare for a 311 communication system. Completed Task 1: Restructure departments and divisions to be more customer service oriented. Completed Task 2: Practice proactive solutions that are oriented to reflect community needs. Completed Task 3: Compare City's services to the private sector to determine the best way to provide services. Completed
Task 4: Timing of changes to coincide with the budget process. Completed Task 1: Complete Library structural assessment. Completed Task 2: Determine long and short-term impacts of necessary building changes. In-Progress Included New + Revitalized Facilities -
New or Revitalized Civic
Center
Task 3: Identify funding opportunities for capital and services necessary to continue Library services. In-Progress Included
New + Revitalized Facilities -
New or Revitalized Civic
Center
Task 4: Identify opportunities for services to be modified, as needed. In-Progress Included New + Revitalized Facilities -
New or Revitalized Civic
Center
Task 1: Create citywide data entry standards. In-Progress Included Staff+Technology -
Accessible and enhanced City
services
Task 2: Transition OnBase ECM to cloud based solution. In-Progress Included Staff+Technology -
Accessible and enhanced City
services
Task 3: Migrate Police Department data from legacy systems. Completed Task 4: Research the feasibility of a centralized record system. In-Progress Included Staff+Technology -
Accessible and enhanced City
services
Task 5: Complete the citywide digitization and document imaging project. In-Progress Included Staff+Technology -
Accessible and enhanced City
services
Task 1: Assess any intersection with City Clerk digitization efforts. Completed Task 2: Manage initial GPL Friends Foundation grant. Completed Task 3: Identify initial targets for digitation. Completed Task 4: Address initial copyright/permission needs. Completed Task 5: Identify vendors and move forward with selection. Completed Task 6: Expand geographic-based access to community resources. Completed Objective 12: For the Library, ensure continued access to Glendora-specific information sources through local history digitization initiatives.
Objective 11: Increase access to information with implementation of usable digital services and centralized records.
Objective 10: Support and implement short and long-term continued access to the world of ideas as facilities for the Library are assessed and modernized.
Objective 09: Continue to evaluate City’s organization structure to further enhance service delivery.
Objective 08: Continue with technology modernization.
Objective 07: Complete implementation of ESRI geographic information system (GIS). 2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 5
STATUS DRAFT 2025-2027
STATEGIC PLAN NOTES
Task 1: Consider solar panels at older facilities that need roof improvements. Completed Task 2: Evaluate artificial turf installation at various parks to promote greater water conservation.
In-Progress Included
Sustainable Infrastructure -
Implemented Water Master
Plan
Task 3: Update Public Works’ standard specifications to incorporate sustainable materials and practices.
In-Progress Included
Sustainable Infrastructure -
various outcomes and
actions will cover this item
Task 4: Complete space planning and facility needs assessment. In-Progress Included New+Revitalized Facilities -
Complete space planning
assessment
Task 1: Reconsider the Five-Year CIP in light of Water infrastructure needs. Completed Task 2: Implement water rate adjustments to fund improvements to the water infrastructure. Completed Task 3: Develop engineering capabilities to support the unique water infrastructure needs. Completed Task 1: Pursue grant and budget appropriation opportunities to fully fund the People Movement Project.
In-Progress Included
Sustainable Infrastructure -
Complete People Movement
project
Task 2: Develop a comprehensive plan to improve and update the City’s traffic signal infrastructure. In-Progress Included Sustainable Infrastructure - Traffic signal modernization Task 3: Update the Citywide traffic study to account for post-pandemic mobility patterns. In-Progress Included SubURBAN Living - General Plan
Task 4: Update the City Pavement Management Plan and facilitate street improvements. In-Progress Included Sustainable Infrastructure -
Improved PCI ratings for
streets
Task 5: Explore the feasibility of constructing a pedestrian oriented bridge over the flood control channel. In-Progress Included
Sustainable Infrastructure -
Complete People Movement
project
Task 1: Consider establishing area-wide beautification events to address potential compliance issues.
Not Started Not Included
Task 2: Enlist the support of non-profit partners to assist residents improve their properties. Not Started Not Included Task 3: Leverage existing City water conservation programs to facilitate landscape improvements
In-Progress Not Included
Task 4: Work with community-based partners to grow community cleanup days and activities In-Progress Not Included Task 1: Create a directional signage design standard to enhance various community assets. In-Progress Task 2: Replace and/or refurbish existing historic district signs. Completed Task 3: Update the City’s sign code in manner that ensures compliance with recent legal determinations. Completed
Task 1: Develop a five-year plan for the replacement of all City vehicles. In-Progress Included Task 2: Pursue grant funding for acquisition of electric and other zero-emission vehicles/infrastructure. In-Progress Included
Task 3: Pursue grant funding to expand the availability of public electric vehicle charging infrastructure. In-Progress Included
Task 1: Develop a South Hills Wilderness Park Plan with to turn it into an active outdoor recreation.
In-Progress Included
New + Revitalized Facilities -
Improved public spaced and
Glendora as a Destination -
Determine highest and best
use for South Hills
Task 2: Develop an Urban Forest Master Plan, providing guidance for long-term and day-to-day management.
In-Progress Included New + Revitalized Facilities -
Improved public spaced
ITEM GOAL 5: Improve and Maintain Infrastructure and Facilities Objective 01: Improve & Maintain Infrastructure/Facilities Objective 02: Implement the Water Division infrastructure assessment.
Objective 03: Build and expand upon existing infrastructure to improve mobility options throughout the City.
Objective 04 : Develop and implement a Citywide beautification program.
Objective 05: Undertake a comprehensive update to the City’s sign code to promote local businesses and community assets, and limit visual clutter.
Objective 06 : Continue with the modernization of the City’s fleet and related infrastructure.
Objective 07 : Update the Parks and Trails Master Plan to guide the development of parks and recreational facilities in the City.
2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 5
Task 3: Pursue grant funding and budget appropriation requests for City's park improvements. Completed Task 1: Evaluate the bid package to consider alternative approaches that may reduce the project cost.
Completed
Task 2: Ballot property owners within proposed antique streetlight district to establish annual assessment.
Completed
Objective 08: Continue exploring the feasibility of restoring the operability of the antique streetlight system to working condition.
2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 6
STATUS DRAFT 2025-2027
STATEGIC PLAN NOTES
Task 1: Recruit, hire, and train a Human Services Coordinator, responsible for coordinating homelessness. Completed
Task 2: Collect and analyze data to prioritize operational needs for critical service gaps in the City.
Completed
Task 3: Establish program budgets that address different areas of homelessness. Completed Task 1: Explore feasibility of restarting the development of a sub-regional homeless housing and services.
Completed
Task 2: Engage public agency partners to develop short- and long-term housing and service options.
Completed
Task 3: Find ways to prioritize assistance to individuals experiencing homelessness locally. Completed Task 4: Evaluate sites for acquisition to implement localized solutions for homeless individuals. Completed Task 1: Continue to engage public agency partners to pursue fair share of funding to support homelessness. Completed
Task 2: Explore funding opportunities through community-based and non-profit organizations. Completed Task 3: Advocate for and pursue ongoing funding opportunities for housing and services. Completed Task 1: Explore and expand partnerships with non-profit organizations working to address homelessness. Completed
Task 2: Reassess current programs to determine efficacy. Completed Task 3: Continue the development of housing and service options based on the needs of homeless individuals. Completed
Task 4: Explore the use of technology to better collect, track, and report data. Completed Task 5: Investigate SGVCOG Care Team Model Completed
ITEM GOAL 6: Implement Strategic Homelessness Solutions Objective 04 : Update the Homelessness Strategic Plan to reflect the scope of the programs currently underway and assess gaps in the City’s response model.
Objective 03: Pursue ongoing funding opportunities to support and supplement local resources to address the challenge of homelessness.
Objective 02: Evaluate the establishment and expansion of collaborative regional programs among cities in the surrounding region to address the challenge of homelessness.
Objective 01: Strengthen outreach and engagement activities. 2023-2025 Two-Year Strategic Plan
March 2025 Update
GOAL 7
STATUS DRAFT 2025-2027
STATEGIC PLAN NOTES
Task 1: Establish a “Season of Service” Program that allows everyone to collaborate on community projects. Completed
Task 2: Develop civic awareness through an intentional citywide approach to departmental volunteering. Completed
Task 3: Enhance staff membership and presence in community organizations. Completed Task 1: Develop a centralized citywide volunteer program. In-Progress Included Task 2: Expand and create local adopt-a-park, street, and related programs. Not Started Included Task 3: Look for internship opportunities with local high schools. Completed Task 4: Develop a large, yearly City-sponsored beautification/volunteer day/event. In-Progress Included Task 1: Work with the Chamber to allow greater access to the community. Completed Task 2: Invite groups that typically receive an individual updates. Completed Task 3: Identify a facility to hold the event. Completed Task 1: Add a multi-cultural event. Completed
Task 2: Consideration of a 4th of July event Completed
Task 1: Evaluate staffing needs for additional work. Completed Task 2: Determine areas of concern and develop work plans for staff. Completed Task 1: Explore partnerships with LA County, City of Covina and City of Azusa. Completed Task 2: Develop and implement options for addressing homelessness. Completed Task 3: Develop and implement options for addressing illegal vending. Completed Task 1: Determine what information should be surveyed periodically and what should be situational. In-Progress Not Included
New + Revitalized Facilities -
New or Revitalized Civic
Center will include the need
to survey additional City
services. This project will
continue under the scope of
the larger Civic Center
project.
Task 1: Add sworn management staff member to project review team (development process). Completed Task 2: Create standard conditions for development project types to address public safety considerations. Completed
Task 3: Engage existing businesses and residents when areas of concern arise. Completed Task 4: Establish an outreach program to crime victims to help eliminate future and re-occurring issues. Completed
ITEM GOAL 7: Enhance Community Engagement and Presence Objective 01: Build trusting relationships with the community that sustain cohesive communities.
Objective 02: Communicate and expand the number of opportunities that residents and businesses can engage and give back to their community.
Objective 03: Work with the Glendora Chamber of Commerce to transition the State of the City from a daytime event to an evening event.
Objective 04 : Review City events for possible changes and expansion.
Objective 05: Review opportunities to for Code Enforcement to be more proactive to address certain key issues raised by the City Council and community.
Objective 06: Address quality of life issues along Arrow Highway corridor.
Objective 07: For the Library, support connections to information and other human services, guiding services and partnership development, through Library and partner conducted surveys.
Objective 08: Crime prevention through environmental design, implementation and enforcement.
Goal Areas # Outcomes ACTIONS
Indicators: What are the potential
indicators that will help us
measure success for the action?
Timeline
Departments/Divisions: Who
will be involved in completing
this action? Is there a
proposed lead?
RFP for consultant 2026 Q1 Comm. Dev. (Planning)
Subdivision Code 2025 Q4 Comm. Dev. (Planning)
Objective Design Guidelines 2025 Q3 Comm. Dev. (Planning) Safety Element 2025 Q3 Comm. Dev. (Planning)
1762 Dale Affordable Housing
Development
ENA with Mercy Housing - (development
complete in 3 years of ENA approval) 2025 Q2 Comm. Dev. (Housing&Economic Development) Adoption of Development Vision 2025 Q3 Comm. Dev. (Planning) Gold Line Authority Property Sale 2025 Q2 Gold Line Construction Authority Metro develops parking lot, including
affordable units 2028-2030 LA County Metro
Sunflower Campus Development
Agreement approval 2025 Q2 Comm. Dev. (Planning)
Azusa Unified School District
Development Agreement approval 2025 Q4 Comm. Dev. (Planning) Glendora Unified School District -
Development Agreement approval 2026 Q3 Comm. Dev. (Planning) Entitling Developments 2027 Q3 Comm. Dev. (Planning)
Approve Development Entitlements 2025 Q3
Affordability Regulatory Agreement 2025 Q3 Comm. Dev. (Planning) Council approves EAP programming 2025 Q2 Comm. Dev. (Econ. Dev./Housing) Revitalized commercial centers Implementing the plan + Creating the programs
Ongoing as resources become
available
Comm. Dev. (Housing&Economic
Development)
Prepare Service Provider Assessment 2025 Q3 Recreation & Human Services ( Human Services Manager) / Library (
Director, Library Services Manager)
Convene summit/workshop w/ partners 2025 Q4 Recreation & Human Services and GPD
Coordinate alternatives with local motel
owners
Agreements with service providers +
motel owners 2025 Q3 Recreation & Human Services
Implementing the plan + Creating the
programs
2025 Q2 Comm. Dev. (Housing&Economic
Development)
Sunstone Challenge 2025 Q2 Comm. Dev. (Housing&Economic Development)
Review Cost of Service Study Workshop with City Council 2026 Q3 Comm. Dev. (Planning) Determine to move forward with
annexation efforts
City Council diretion to move forward with
annexation, or a portion thereof 2027 Q1 Comm. Dev. (Planning) Formalize interdependence of our
partners who serve homeless
community
Economic Action Plan
SubURBAN living: Foster
intentional urbanization through
increased targeted housing
density, revitalized commercial
areas, and enhanced services
and infrastructure that supports
a livable community for all.
4 Determination on annexation of county
islands on the western City border
Increased targeted housing density and
housing options at all income levels 1
3 A complete eco-system to support the
homeless population and improve
access to support tools
2 General Plan Update
Station Development Vision (TOC/TAP)
School site development
San Jose / Woodland Site Development
Economic Action Plan
Goal Areas # Outcomes ACTIONS
Indicators: What are the potential
indicators that will help us
measure success for the action?
Timeline
Departments/Divisions: Who
will be involved in completing
this action? Is there a
proposed lead?
Hire an Economic Development Manager 2025 Q3 Comm. Dev + CMO Destination marketing to increase
visitors to Glendora
Convene the working group and report of
progress
2026 Q4 Comm. Dev + CMO
Economic Action Plan Approval of plan programs and funding Comm. Dev. (Housing&Economic Development)
Council liaison champions chamber
strategic initiatives
Liason engages and supports economic
development programs and initiatives Ongoing CMO
Communication audit Recommendations for a Communication Plan 2025 Q4
City Clerk - lead / Legislative / Admin
/ IT /PW / Finance / CMO / PD /
Library / Comm. Dev. / Rec. & HS
General Plan Update See indicators above 2025 Q3 - 2026 Q1 Comm. Dev. (Planning) Hire polling firm to complete poll 2026 Q1 CMO
Council Work Session 2026 Q2 CMO
Hire Avid Trails to design a mountain
bike park and 6 miles of bike trails.
Recognizing the community's need for a
dedicated biking space, the City has been
working since 2022 to develop a bike
park. The park is being designed as a
family-friendly destination where people
can come together in a safe and
enjoyable environment.
Construction 2025 Q2
Trail completion 2026 Q4 Recreation and Human Services
Issue/ award RFP 2026 Q3 Public Works
Council Work Session 2026 Q3 Public Works
Create Communications Task Force 2026 Q1
Gather data, Develop framework for plan
and Engage Community 2026 Q2
Approval of plan by City Council 2026 Q3
City Clerk - lead / Legislative / Admin
/ IT /PW / Finance / CMO / PD /
Library / Comm. Dev. / Rec. & HS
Convene a working group with the
Chamber and Business Improvement
District
Determine the highest and best use for
South Hills
Conduct community polling for South
Hills to inform Council's policy direction
3 Glendora as a Destination:
Attract visitors through strategic
marketing, promotion of local
businesses, and enhanced
connectivity between attractions
for a seamless destination
experience.
Implement Strategic Communications
Plan
Conduct a way-finding assessment Connected destination and attraction areas
4 5
Develop and Implement a Strategic
Communications Plan
1 Economic development strategies to
encourage people to "Shop Glendora" 2
Goal Areas # Outcomes ACTIONS
Indicators: What are the potential
indicators that will help us
measure success for the action?
Timeline
Departments/Divisions: Who
will be involved in completing
this action? Is there a
proposed lead?
City Council directs funding methodology City Council Work Session 2025 Q1 CM New Transportation Facility New paving and potentially a new modular building TBD Public Works / Finance
Contact vendors and receive proposals 2026 Q2 PW / Finance / CMO Vendor selection 2026 Q3 PW / Finance / CMO
Coordination with citywide facility
assessment. 2026 Q3 All
Determine if new or remodel
Consolidate study/ civic center
Coordination of results from citywide
facility/space assessments
2026 Q1 Admin / IT /PW / Finance / CMO /
PD / Library
Service Impact Planning
Develop plans for service delivery for
departments impacted by renovations and
new buildings
As Needed Admin / IT /PW / Finance / CMO /
PD / Library
Completion of Urban Forestry Manual Conduct community outreach Council 2025 Q2 Public Works
ADA Transition Plan
Will provide an assessment of ADA
deficiencies and a plan to tackle and work
towards compliance.
2026 Q4 Public Works
Completion of the Parks Master Plan
Will provide an assessment of our park
facilities deficiencies and a plan to tackle
and work towards updating them.
2026 Q2 Recreation and Human Services and
Public Works
Develop a centralized citywide volunteer
program
Program is completed and becomes
central location for all local groups to
solicit volunteer assistance
In progress/ongoing Human Resources
Expand and Create local adopt-a-park,
street, and related programs Implement new program 2025 Q4 Recreation & Human Services Develop a large, yearly city-sponsored
beautification/volunteer day or event
Establish a city-sponsored beautifcation
project 2025 Q4 Human Resources
2 Improved public spaces
New + Revitalized Facilities:
Develop new and enhanced
facilities including a modern
civic center and improved public
spaces that foster connectivity,
accessibility, and civic pride.
Complete space planning assessment
1 New or revitalized Civic Center
3 Giving back to the Community
Goal Areas # Outcomes ACTIONS
Indicators: What are the potential
indicators that will help us
measure success for the action?
Timeline
Departments/Divisions: Who
will be involved in completing
this action? Is there a
proposed lead?
Final report to Council 2025 Q4 Public Works
Determine goal PCI rating + funding
opportunities 2025 Q4 Public Works
Enter into an Amended MOA with the
SGVCOG to administer and deliver the
People Movement Project
2024 Q3 Public Works
Provide Outreach Ongoing Public Works
Release RFP for Construction and
complete the San Dimas Urban Trail 2026 Q1 Public Works Complete Design 2026 Q1 Public Works
Refurbish Antique Street Lights 2025 Q4 Public Works
Release RFP for Construction and
complete the First Last Mile
Improvements
2027 Q2 Public Works
Identify funding 2024 Q3 PW / Finance / CMO
Public outreach Ongoing Public Works / CMO
Complete Design - USACE 408 Permit -
Environmental Clearance - Use
Agreements / Easements
TBD Public Works
Traffic and Speed Survey Completion of survey will determine changes needed 2025 Q3 Public Works / PD
Comprehensive Signal Inventory Create a GIS Layer for signals 2025 Q4 Public Works / IT Six Intersections in the process of
updating LA County completing work 2025 Q4 Public Works Highway improvement safety program 8 intersections for Cycle 11 - requesting funding from Caltrans. 2027 Q2 Public Works
Trash Discharge Prohibitions Compliance 2026 Q3 Public Works Stormwater Master Plan 2026 Q1 Public Works
Finkbiner Park Stormwater Capture
Project TBD Public Works
Contract with a consultant
For Completion of a water infrastructure
assessment and plan (Water
Infrastructure Plan)
2025 Q4 Public Works
Completion of plans, specifications and
cost estimate 2026 Q1 Public Works
Complete Construction TBD Public Works / Finance
Colorado Water and Street
Improvements
Completion of plans, specifications and
cost estimate, Complete Construction 2027 Q1 Public Works Cypress Water and Street
Improvements
Completion of plans, specifications and
cost estimate, Complete Construction 2027 Q1 Public Works North Glendora Reservoir Replace existing with new reservoir. 2027 Q1 Public Works Develop a plan for the replacement of all
City vehicles Prepare Initial Five Year Plan 2025 Q4 Public Works Pursue grant funding for the acquisition
of electric vehicles and infrastructure
Identify and apply for funding
opportunities Ongoing Public Works
Pursue grant funding to expand
availability of public electric vehicle
charging infrastructure
Identify and apply for funding
opportunities; issue RFP for deployment Ongoing Public Works 6 Modernization of the City's Fleet
Sustainable Infrastructure:
Plan and construct infrastructure
that enhances street conditions,
expands trail connectivity,
improves traffic safety and
mobility, upgrades water
systems, and ensures
compliance with regulatory
standards for a resilient and
accessible community 4
1 2 Complete People Movement project
Traffic signal modernization
Implemented Water Master Plan
National Pollution Discharge
Elimination System
San Dimas Wash Urban Trail
First Last Mile Improvements
(Glendora Ave and Foothill Blvd.)
Little Dalton and Big Dalton Wash Trail
Glendora Water and Street
Improvements
MS4 Permit Compliance
3 5
Improved PCI ratings for streets Complete Pavement Management Program Study
Goal Areas # Outcomes ACTIONS
Indicators: What are the potential
indicators that will help us
measure success for the action?
Timeline
Departments/Divisions: Who
will be involved in completing
this action? Is there a
proposed lead?
Prepare draft 2025 Q2 Human Resources
Meet + confer with employee groups 2025 Q2 Human Resources Council approval 2025 Q4 Human Resources
MOU negotiations/ new employee
engagements 2025 Q2 CMO, Human Resources, Finance
Public safety - professional staff MOU's 2025 Q4 CMO, Human Resources, Finance Hours of operation 2026 Q1
CMO – lead / Admin / IT /PW /
Finance / CMO / PD / Library /
Comm. Dev. / Rec. & HS / City Clerk
Develop an employee handbook 2026 Q1 Human Resources
Establish a formal employee orientation/
on-boarding process 2025 Q4
Admin - HR - lead/ CMO / IT /PW /
Finance / CMO / PD / Library /
Comm. Dev. / Rec. & HS / City Clerk
Develop a Succession Plan to identify
existing staff for additional development
2026 Q2 Admin - HR - lead/ CMO / IT /PW /
Finance / CMO / PD / Library /
Comm. Dev. / Rec. & HS / City Clerk
Conduct periodic employee surveys, both
citywide and department specific, as
needed
2025 Q3 Human Resources
Supervisory/manager academy 2026 Q1 Rita + Marie
Civic Access app/311 2026 Q2 IT
Deployment of city services kiosk 2026 Q3 IT
Citywide parking application 2025 Q4 IT/PD
Complete citywide digitization efforts
Complection of document imaging project,
including standardized data entry
standards, and unified management
system
2026 Q2 City Clerk - PD / Comm. Dev.
Development of draft framework for data
utilization + 2026 Q4 IT
Council work session 2026 Q4 IT
Operations specific information
Go Live of community dashboard 2026 Q4 All
Go live of community dashboard 2026 Q2 All
Tyler implementation - Enterprise
Permitting and Licensing Go-live week 2025 Q2 Comm.Dev. / Public Works / Police / IT Public education provided in advance of
go live week. 2025 Q2 Finance/Public Works
Successful Go-Live 2025 Q3 Finance/Public Works
Public education provided in advance of
go live week. 2025 Q3 Public Works /IT/Finance
Successful Go Live 2025 Q3 Public Works /IT/Finance
Open Finance Go Live 2026 Q1 Finance/Admin/IT
Capital Project Explorer Go Live 2026 Q2 Finance/PW/IT
Tyler implementation - Enterprise
Resource Planning
Increase the number of GIS layers and
applications
Completed software implementation
Accessible and enhanced City services
Stable workforce
Tyler implementation - Utility Billing
Tyler implementation - Enterprise Asset
Management
Update personnel policies and
regulations
Assess service delivery and employee
total compensation package
Formalize the Human Resources life
cycle
Deliver more city services using
technology
Develop a framework for data utilization
for decision-making (SMART city)
1 Staff + Technology: Strengthen
City operations through
investment in staff and
technology improvements.
3 2
2023-2035 STRATEGIC PLAN UPDATE &
2025-2027 DRAFT STRATEGIC PLAN
CITY COUNCIL
MARCH 25, 2025
ADAM RAYMOND, CITY MANAGER
➢Since 2020, the City Council has moved from six-month
strategic plans to multi-year strategic plans
• “What Gets Funded, Gets Done”
• Incorporated into staff workplans
• Periodic/Quarterly updates to City Council
• Past strategic planning efforts, recent community
survey data, updated financial projections,
infrastructure assessments, and other master planning
documents
BACKGROUND
➢2023-2025 Strategic Plan adopted on April 11, 2023
• Ends on June 30, 2025
➢2025-2027 Draft Strategic Plan
• Two-Day City Council Workshop in December 2024
• One-Day Executive Team Workship in February 2025
BACKGROUND
2023-2025 STRATEGIC PLAN
GOAL # OF
OBJ.
TASKS
Complete In-Progress Not
Started Totals
Goal 1: Implement Strategic
Economic Development 9 24 11 2 37
Goal 2: Maintain Financial
Stability and Sustainability 5 14 4 0 18
Goal 3: Enhance Employee
Development and Retention 3 9 6 0 15
Goal 4: Enhance and
Modernize the Organization 12 30 21 3 54
Goal 5: Improve and Maintain
Infrastructure and Facilities 8 9 16 2 27
Goal 6: Implement Strategic
Homelessness Solutions 4 15 0 0 15
Goal 7: Enhance Community
Engagement and Presence 8 18 3 1 22
Totals 49 119 61 8 188
63.3% 32.4% 4.3%
➢Continued generational investments in infrastructure
• Louie Pompei Park and Finkbiner Park
• Comprehensive Water System Evaluation and Rate
Plan
➢Significant Investments in Technology
• New GIS, ERP, Payroll, Permitting System, Code
Enforcement, and Payment systems
2023-2025 STRATEGIC PLAN
➢Continued Development of Homelessness Programs
and Housing Options
• New service providers (LACADA)
• Ongoing Dale Property discussions
➢Following Through on Promises made to public
• Use of Measure E and future Measure Z funding
• More than $35 million in grants for Finkbiner
Stormwater Project, People Movement Project, and
road safety improvements around schools and
intersections
2023-2025 STRATEGIC PLAN
➢SSW Consulting led the City Council through a two-day strategic planning workshop
➢City Council Workshop resulted in five new strategic plan goals • SubURBAN Living: Foster intentional urbanization through increased targeted housing density, revitalized commercial areas, and enhanced services and infrastructure that supports a livable community for all.
• Glendora as a Destination: Attract visitors through strategic marketing, promotion of local businesses, and enhanced
connectivity between attractions for a seamless destination experience.
2025-2027 DRAFT STRATEGIC PLAN
➢City Council Workshop results in five new strategic plan goals (con’t)
• New + Revitalized Facilities: Develop new and enhanced facilities including a modern civic center and improved public spaces that foster connectivity, accessibility, and civic pride. • Sustainable Infrastructure: Plan and construct infrastructure that enhances street conditions, expands trail connectivity, improves traffic safety and mobility, upgrades water systems, and ensures compliance with regulatory standards for a resilient and accessible community.
• Staff + Technology: Strengthen City operations through investment in staff and technology improvements.
2025-2027 DRAFT STRATEGIC PLAN
➢SSW Consulting led the Executive Team through a oneday Strategic Planning Workshop • Further the efforts started by the City Council.
• Added Actions/Indicators aimed to achieve the Goals
and Outcomes crafted by the City Council
• Added additional Outcomes/Actions/Indicators from
the City’s current strategic plan to ensure critical
projects underway are continued and funded.
2025-2027 DRAFT STRATEGIC PLAN
➢How the 2025-2027 Draft Strategic Plan Should be
Utilized
• Provides a summary of the ambitious work plan the
City will undertake over the next two years
• States the major policy goals of the City Council
• Summary of expected outcomes for each goal
• High-level details on major actions undertaken by City staff that will be used to measure progress of each
goal and the overall plan
2025-2027 DRAFT STRATEGIC PLAN
GOAL: SubURBAN Living: Foster intentional urbanization through increased targeted housing density, revitalized commercial areas, and enhanced services and infrastructure that supports a livable community for all (one of five new City Council Goals).
OUTCOME: A complete eco-system to support the homeless
population and improve access to support tools (one of four outcomes under the SubURBAN Living Goal)
ACTION: Formalize interdependence of our partners who serve homeless community (One of three actions listed under the Complete Eco-System Outcome)
INDICATOR: Prepare an assessment of service providers:
2025 Q2 - Recreation and Human Services, Library, and
Police Department (one of two indicators under the
Formalize interdependence action item)
2025-2027 DRAFT STRATEGIC PLAN
➢Development of Final 2025-2027 Strategic Plan
• Incorporation of City Council feedback/direction
• Updated strategic plan summary (Attachment B)
• Report will include methodology and directions on how to use the plan
➢April 2025 City Council Approval
NEXT STEPS
RECOMMENDATIONS
That the City Council:
1. Receive an updated on the 2023-
2025 Strategic Plan; and
2. Receive and update and provide
direction on the Draft 2025-2027
Strategic Plan.
STAFF REPORT
TO: Mayor and Council Members DATE: March 25, 2025
FROM: Community Development DISTRICT(S): 3
SUBJECT: Annual Report for the Business Improvement District and Consideration of a Resolution Announcing Intentions to Levy and Collect Assessments for Fiscal Year 2026 for the Glendora Village Business Improvement District
RECOMMENDATION
That the City Council:
1. Approve the FY 2025-2026 Business Improvement District Annual Report; and
2. Adopt a City Council Resolution entitled, "A Resolution of the City Council Announcing Intentions to Levy and Collect Assessments for the Fiscal Year 2025-2026 for the Glendora Village Business Improvement District as Permitted by the Parking and Business Improvement Area Law of 1989 (California streets and highways code section 36500 et seq)."
STRATEGIC FOCUS AREAS
Goal 1: Implement Strategic Economic Development (ISED) Goal 2: Maintain Financial Stability and Sustainability (MFSS)
EXECUTIVE SUMMARY
The Glendora Municipal Code requires that the Business Improvement District (BID) submit an Annual Report to the City Council no later than June 1
st of each year. The Annual Report must contain information regarding assessments and activities for the upcoming fiscal year, pursuant to California Government Code § 36533.
The BID Advisory Board (the Board) has recommended approval of the “Annual Report” (Attachment A). The Annual Report includes the following: 1) an assessment schedule for Fiscal Year (FY) 2025-2026 and 2) a program budget for FY 2025- 2026. In addition to the Annual Report, this item includes a “Resolution of Intent” included as Attachment B to levy assessments for FY 2025-2026. Together, the Resolution of Intent and Annual Report are the initial steps to adopt the proposed assessments and program budget for the upcoming fiscal year.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Glendora BID was established as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.). State Law and the Glendora Municipal Code require that the Business Improvement District (BID) file an “Annual Report” with the City Council, as the initial step to renewing annual assessments each year.
In accordance with the City Council's 2023-2025 Strategic Plan, the City Council approved a Memorandum of Understanding (MOU) between the City and the Glendora Chamber of Commerce for the management and operation of the BID. The MOU designates the Chamber as the BID manager, effective July 1, 2024, and outlines the responsibilities of both parties. Under the MOU, the BID manager will handle day-to-day operations, including budgeting, event coordination, and promotional activities, while the City will maintain oversight of assessments and ensure compliance with applicable laws.
On March 6, 2025, the BID Advisory Board recommended that the City Council approve the FY 2025-2026 Annual Report.
DISCUSSION
Between February 6
th and March 6th
, the BID Advisory Board (Board) met to consider and approve a program budget for the upcoming FY 2025-2026. There are no changes to the assessment methodology for assessments each BID business pays annually. The activities and events remain consistent with previous years, encompassing expenses such as marketing, landscaping, special events, and miscellaneous items like ambient music, banners, and storage. However, during the February 6th meeting, the BID Board approved reallocating $24,000 to boost the marketing budget by reducing funds for the Halloween Walk, Chalk Walk, Holiday Stroll, Small Business Saturday, and Friday Night Twilight events.
The budget as follows:
Revenue FY 2025-2026 Proposed
Assessments $45,000
Halloween Walk $2,000
Chalk Festival $3,000
Wine Walk $70,000
Interest/ Misc. Income $100
Misc. BID Income $700
Revenue Total $120,800
Expenditures FY 2024/2025 FY 2025/2026
Marketing $24,500 $45,000
Halloween Walk $8,000 $5,500
Wine Walk $27,000 $27,000
Chalk Walk $8,000 $3,000
Holiday Stroll $20,000 $17,000
Small Business Saturday $4,000 $1,000
Friday Night Twilight $15,000 $10,000
Special Event Other $10,000 $10,000
Event & Communication
Coordinator
$17,000 $17,000
Landscaping $10,000 $10,000
Miscellaneous $10,250 $10,050
Total BID Expenses $152,250 $155,550
Estimated Budget Surplus
(Deficit)
(48,750) (34,750)
Fund Balance Est. $142,516 Est. $107,766
The BID Board’s budget recommendation requires revenue to be supplemented with available resources from the BID Fund Balance. The BID Fund Balance consists of undesignated funds held for circumstances where expenditures exceed revenues or for adding activities during the year. The City Council has directed the BID to maintain a minimum undesignated fund balance of $10,000. The BID Fund Balance is estimated to be approximately $142,516 at the conclusion of the current Fiscal Year (June 30, 2025) and approximately $107,766 at the end of Fiscal Year 2025-26.
The BID Advisory Board reviewed the Annual Report on March 6 th and recommended it for approval by the City Council. The Annual Report is included as Attachment A and includes information regarding the assessment methodology, boundaries, and a planned budget with activities for the upcoming fiscal year. To begin the process necessary to renew assessments for the FY26, City Council must approve the Annual Report and adopt a Resolution of Intent to Levy Assessments for the FY 2025- 2026. Approval of the Resolution is followed by a “Public Meeting” and “Public Hearing” where public testimony can be given on the proposed assessment levy and budget. At the Public Hearing, the City Council will hear and consider protests against the assessments. If greater than 50% of the weighted assessed businesses protest the assessment, the proposal would fail, and BID assessments shall not be collected in FY 2025-2026.
FISCAL IMPACT
The proposed budget for Fiscal Year 2025-2026 projects expenditures will exceed revenues by $34,750 the excess expenditures will be covered by the BID Fund Balance reserves. The BID Fund Balance is projected to be $107,766 at the end of FY26 and therefore can accommodate the $34,750 shortage.
ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.
Prepared By Shantelle Coria, Management Aide
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. Annual Report
B. Resolution of Intent
C. PowerPoint
Attachments
A. Annual Report.pdf
B. Resolution of Intent.pdf
C. PowerPoint.pdf
GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID)
ANNUAL REPORT FOR FISCAL YEAR 2025-2026
This annual report includes a proposed assessment levy and program budget for the fiscal year covering July 1, 2025 through June 30, 2026.
Boundaries and Assessments
There are no proposed changes to the BID boundaries or the assessment methodology. The assessment methodology adopted for the current fiscal year (FY) 2024-2025 will continue to be utilized into the FY 2025-2026. The BID boundary map and assessment methodology are included as Exhibits A and B, respectively.
Improvements and Activities
A line-item budget incorporating the cost of improvements and activities is included with this report as Exhibit C.
Method and basis of levying the assessment
All businesses within the BID are subject to the assessments. Charities, resident farmers, ministers, employees of licensees, certain manual laborers, persons under court order, students, and veterans, as those terms are defined in Glendora Municipal Code Section 5.04.060, shall be exempt from paying the charges and assessments imposed pursuant to this chapter.
The assessment methodology is included with this report as Exhibit B.
Surplus revenue to be carried over from 2024-25 year
Each year the surplus balance within the BID fund carries forward as a reserve account to be utilized in the event that expenditures exceed revenue. The proposed FY 2025-2026 budget (Exhibit C) includes expenditures greater than revenues by approximately $34,750, therefore the surplus balance within the BID fund will be reduced by that amount in FY 26.
Funding sources other than assessments
As illustrated in Exhibit C, the BID anticipates generating $45,000 from assessments, $75,000 from events and $800 from interest and miscellaneous income. Event revenue is primarily comprised of ticket sales from the Wine Walk Event.
Exhibit A – Glendora Village Business Improvement District Boundary Map Exhibit B – Assessment Methodology
Exhibit C – BID Budget FY 2025-2026
EXHIBIT A – BID BOUNDARY MAP
EXHIBIT B – ASSESSMENT METHODOLOGY
Primary Businesses
1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.
2. A “Primary Business” shall be subject to additional assessments based on the following factors:
a. “Business Category”
i. Retail and food services classified as a category 210 business pursuant to the City’s business license regulations shall be assessed $200 per year. ii. All other business categories shall be assessed $100 per year. b. “Business Location”
i. (Tier 1) Businesses with a first floor entrance or storefront, and located with an address on Glendora Avenue shall be assessed $200 per year. ii. (Tier 2)
1. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be assessed $100 per year.
2. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100.
iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.
Secondary Businesses
1. Each “Secondary Business” at a particular address or location shall be assessed $100 per year. A “Secondary Business” is a business that, operates at the same location, but is subordinate to a “Primary Business.”
$0 Assessment Businesses
1. The following businesses shall pay $0 BID assessments a. Independent Contractors including individuals working under contract for a Primary or Secondary Business, who is required to have a business license.
Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.
Glendora Business Improvement District
$0 – Exempt Assessment Location Map
EXHIBIT C – BID BUDGET FY 2025-2026
REVENUES
Assessments 45,000
Halloween Walk 2,000
Wine Walk 70,000
Chalk Festival 3,000
Interest/Miscellaneous Income 800
Total 120,800
EXPENDITURES
Marketing/Promotions ($45,000)
Consultant – Website, Graphics, Social Media
Social Media Marketing
Print Ads (Newspaper)
Miscellaneous - Street Banners, Promotional Items, etc.
Web Domains & Hosting
16,000
24,000
2,000
2,000
1,000
Landscaping: Maintenance (2x / week) 10,000
Special Events ($90,500)
Wine Walk – WW 27,000
Chalk Festival – CF 3,000
Small Business Saturday 1,000
Friday Night Twilight - FNT 10,000
Halloween Walk 5,500
Holiday Stroll and Santa in the Village 17,000
New Event/Service 10,000
*Event and Communication Coordinator 17,000
Miscellaneous ($10,000)
Seasonal Banners 2,500
Music System 2,000
Storage Rental 4,500
Other Expenses 1,000
Total 155,550
RESOLUTION CC 2025-____
A RESOLUTION OF THE CITY COUNCIL ADOPTING DECLARING
THE CITY COUNCIL’S INTENT TO LEVY AND COLLECT
ASSESSMENTS FOR THE FISCAL YEAR 2025-2026 FOR THE
GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING
CONCERNING THE LEVY OF THE ANNUAL ASSESSMENTS
THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council has previously established the Glendora Village Business Improvement District (“District”) as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and, WHEREAS, the District Board and the City Council of the City of Glendora (“City”) have determined that the Business Improvement District benefits the area within the District (the “Area” or “District Area”) by generating revenue for businesses within the Area to improve the physical and financial health of the Glendora Village, which serves as a business, social and cultural center of the City of Glendora, and thereby enhances the City’s community at large; and, WHEREAS, the District Board has conducted significant outreach to member businesses to formulate a 2025-2026 work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the Mission Statement of the Glendora Village Business Improvement District and the California Streets and Highway Code Section 36500 et. seq.; and, WHEREAS, the continuation of the Glendora Village Business Improvement District and the concomitant levy of assessments will promote the economic revitalization of the downtown area of the City, create jobs, attract new businesses, and help prevent the erosion of the Downtown Village Area. In addition, the Glendora Village Business Improvement District enhances and promotes the City, culturally and commercially; and,
WHEREAS, the City Council desires to conduct a formal public hearing on the District Board’s report, proposed budget and proposed assessments for the Fiscal Year 2025-2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council declares its intention to continue the Glendora Village Business Improvement District and levy and collect assessments within the District for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the District Area for the Fiscal Year 2025- 2026.
SECTION 2. The territorial boundaries in the Area of the District are identified in the Area map attached hereto as Exhibit A and made a part hereof, which generally includes all businesses that abut Foothill Boulevard (north & south), east side of Vermont Avenue, south side of Bennett Avenue and the west side of Vista Bonita Avenue, and more specifically described as:
beginning at the intersection of the centerline of Bennett Avenue (80 feet wide) and the centerline Resolution No: CC 2025-___ Page 2 of 7
of Vermont Avenue (60 feet wide); then easterly along the centerline of said Bennett Avenue to the centerline of Vista Bonita Avenue ( 60 feet wide); thence southerly along the centerline of said Vista Bonita Avenue to the centerline of Foothill Boulevard (80 feet wide); thence westerly along the centerline of said Foothill boulevard to the centerline of Glendora Avenue; thence westerly 219.88 feet; thence southerly 119.90 feet, thence westerly to the centerline of said Vermont Avenue; thence northerly along the centerline of said Vermont Avenue ending at the centerline of said Bennett Avenue. The Area map identifying the proposed area is also on file in the office of the City Clerk. The Area of the District has not changed since the establishment of the District.
SECTION 3. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses in the Area include all “Improvements” and “Activities” permitted under Sections 36510 & 36513 of the Streets and Highway Code, specifically: (a) “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains; and (b) “Activities” means, but is not limited to, promotion of public events which benefit businesses in the area and which take place on or in public places within the area, furnishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating in the area. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the Area.
SECTION 4. The City Council of the City of Glendora hereby approves the report approved by the District Board for the fiscal year 2025-2026. The proposed method and basis of levying the annual assessment for each business in the Area for the fiscal year 2025-2026 is set forth in Exhibit B attached hereto and made a part hereof. The formula consists of three elements in order to determine the total assessment a business would pay, based on the type of business, whether the business is retail/food service or other service, and the physical location of the business.
SECTION 5. The report approved by the District Board for the fiscal year 2025-2026 is on file in the City Clerk’s office and contains a full and detailed description of the improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the fiscal year 2025-2026.
SECTION 6. Should the proposed annual assessment for the fiscal year 2025-2026 be approved, it is the intent that all businesses located within the District Area pay their annual assessment when they obtain, renew, or change their businesses license with the City of Glendora.
SECTION 7. The City Council shall not exempt a business recently established in the Area from the levy of the assessments as allowed in the Streets & Highways Code Section 36531.
SECTION 8. The City Council hereby sets a public meeting on May 13, 2025, at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741. At that time the City Council shall allow public testimony regarding the 2025- 2026 proposed work plan and proposed fiscal year 2025-2026 assessments of businesses within the Area.
Resolution No: CC 2025-___ Page 3 of 7
SECTION 9. The City Council hereby sets a public hearing on May 27, 2025, at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741. At the public hearing, the City Council shall hear and consider all protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area. A protest may be made orally or in writing by any interested person.
Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest.
If written protests are received from the owners of businesses in the District Area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.
At the conclusion of the public hearing to establish the assessment for the fiscal year 2025- 2026, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. However, proposed assessments may only be revised by reducing any or all of them.
SECTION 10. The City Clerk is hereby directed to mail a complete copy of this resolution of intention and a cover letter advising that the City Council has been requested to set the fiscal year 2025-2026 annual assessment as permitted under the California Streets and Highways Code by first-class mail to each business owner in the Area within seven days of the City Council's adoption of this Resolution of Intention. The cover letter shall further advise that a public meeting date has been set where the City Council shall allow public testimony regarding the proposed assessments of businesses within the Area. The cover letter shall further advise that a public hearing date has been set for the City Council to hear oral and written testimony from interested parties and at the end of that public hearing the City Council shall determine if there is sufficient protests equaling 50 percent or more of the assessments proposed to be levied.
SECTION 11. The City Clerk is hereby directed to give notice of said public meeting and public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City of Glendora not less than seven days before the public hearing. In addition, the City Clerk shall give joint notice of said public meeting and hearing as provided for under Government Code Section 54954.6 as follows: The joint notice of both the public meeting and the public hearing shall be accomplished by placing a display advertisement of at least oneeighth page in a newspaper of general circulation for three weeks pursuant Government Code Section 6063 and by a first-class mailing to those interested parties who have filed a written request Resolution No: CC 2025-___ Page 4 of 7
with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public hearing shall take place no earlier than seven days after the public meeting. The public hearing shall take place no earlier than 45 days after the first publication of the joint notice.
SECTION 12. Interested persons may contact Shantelle Coria, Management Aide, 116 E.
Foothill Blvd., Glendora CA 91741, Telephone Number 626-852-5252, to receive additional information about the assessment. Protests against the proposed assessment shall be mailed or delivered to: City Clerk, City of Glendora, 116 E. Foothill Boulevard, Glendora, California, 91741.
SECTION 13. The Mayor shall sign this Resolution and the same shall take effect upon adoption of this Resolution and shall be enforced in accordance with the terms and conditions thereof.
SECTION 14. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Glendora this ___ day of _______, 2025.
BY:
DAVID FREDENDALL
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
DANNY ALESHIRE
City Attorney
CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ____ day of ______, 2025, by the following vote:
AYES: MEMBERS:
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Resolution No: CC 2025-___ Page 5 of 7
EXHIBIT A – BID AREA MAP
Resolution No: CC 2025-___ Page 6 of 7
EXHIBIT B – FY 2025-2026 ASSESSMENT METHODOLOGY
Primary Businesses
1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.
2. A “Primary Business” shall be subject to additional assessments based on the following factors:
a. “Business Category”
i. Retail and food services classified as a category 210 business pursuant to the City’s business license regulations shall be assessed $200 per year. ii. All other business categories shall be assessed $100 per year. b. “Business Location”
i. (Tier 1) Businesses with a first floor entrance or storefront, and located with an address on Glendora Avenue shall be assessed $200 per year. ii. (Tier 2)
a. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be assessed $100 per year.
b. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100.
iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.
Secondary Businesses
1. Each “Secondary Business” at a particular address or location shall be assessed $100 per year. A “Secondary Business” is a business that, operates at the same location, but is subordinate to a “Primary Business.”
$0 Assessment Businesses
1. The following businesses shall pay $0 BID assessments a. Independent Contractors including individuals working under contract for a Primary or Secondary Business, who is required to have a business license.
Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.
Resolution No: CC 2025-___ Page 7 of 7
BID FISCAL YEAR 2025-2026
ANNUAL PLAN
COMMUNITY DEVELOPMENT
CITY COUNCIL MEETING
MARCH 25, 2025
SHANTELLE CORIA, MANAGEMENT AIDE
ANNUAL REPORT
Annual report required by state law and Glendora Municipal Code (GMC) • GMC requires submittal to the City Council every year by June 1st • It’s required to renew assessments
Multiple steps require early presentation:
1. Budget review
2. Recommend Approval of the Annual Report to City Council
3. City Council Review
4. Noticing
5. 2 Public Hearings
ANNUAL REPORT CONTENTS
• Bid Boundaries Remain The Same
• Line-item Budget With Cost Of Activities
• Assessment Methodology Remain The Same
• Surplus Funds Carry Forward
• Funding Sources
SAMPLE LEVEL 1 WITH PICTURE
SAMPLE LEVEL 2
Sample level 3 • Sample level 4 • Sample level 5
All images are
placeholders. Click on
image and use “Insert” >
“picture from file” to swap
images as needed
BID BOUNDARIES
PRIMARY BUSINESS
• $200-$600
• PRIMARY BUSINESS
• BUSINESS CATEGORY
• BUSINESS LOCATION $0 ASSESSMENT BUSINESSES
• $100
• OPERATES AT
SAME LOCATION
(BUT SUBORDINATE
TO A PRIMARY BUSINESS)
ASSESSMENT METHODOLOGY
SECONDARY BUSINESS
• $0
• Residential
• Side Streets
• Independent Contractors
PROPOSED ADJUSTED BUDGET
FY 2025-2026
REVENUE
Assessments $45,000
Halloween Walk $2,000
Chalk Festival $3,000
Wine Walk $70,000
Interest/ Misc. Income $100
Misc. BID Income $700
Total: $120,800
EXPENDITURES
Expenditures
Marketing $45,000
Halloween Walk $5,500
Wine Walk $27,000
Chalk Walk $3,000
Holiday Stroll $17,000
Small Business Saturday $1,000
Friday Night Twilight $10,000
Special Event Other $10,000
Event & Communication Coordinator $17,000
Landscaping $10,000
Miscellaneous $10,050
Total BID Expenses $155,550
FUND BALANCE PROJECTIONS
(RESERVES)
DATE BALANCE
06/30/2023 (ACTUAL) $147,280
06/30/2024 (ACTUAL) $191,266
06/30/2025 EST. $142,516
06/30/2026 EST. $107,766
The proposed budget for Fiscal Year 2025-2026 projects expenditures will exceed revenues by $34,750 the excess expenditures will be covered by the BID Fund Balance reserves.
Council has recommended a minimum fund balance of $10,000.
Fund balance is projected to be in excess of $100,000.
IMPORTANT DATES
FEBRUARY 6 BID BOARD REVIEW FY26 BID BUDGET
MARCH 6 BID BOARD APPROVALS THE ANNUAL REPORT
MARCH 25 CITY COUNCIL ADOPTS RESOLUTION OF INTENT TO LEVY ASSESSMENTS APRIL 1 RESOLUTION & ANNUAL REPORT MAILED TO AFFECTED BUSINESSES MAY 13 CITY COUNCIL PUBLIC MEETING
MAY 27 CITY COUNCIL PUBLIC HEARING - PROTEST VOTES TABULATED
RECOMMENDATIONS
1. Approve the FY 2025-2026 Business Improvement District Annual Report; and
2. Adopt a City Council Resolution Entitled, “A Resolution Of The City Council of the City of Glendora, California, Announcing Intentions to Levy and Collect Assessments for the Fiscal Year 2025-2026 for the Glendora Village Business Improvement District as Permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Section 36500 Et Seq.).”
STAFF REPORT
TO: Mayor and Council Members DATE: March 25, 2025
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Award a Contract to Doug Martin Contracting Company, Inc., for Citywide Slurry Seal Project FY 2024-25, Plan No. 1392, in an amount not to exceed $309,942
RECOMMENDATION
That the City Council:
1. Adopt a Categorical Exemption from the California Environmental Quality Act Pursuant to Section 15301(c) of the California Code of Regulations;
2. Award the Contract to Doug Martin Contracting Company, Inc for Citywide Slurry Seal Project FY 2024-25, Plan No. 1392, in the amount of $309,942;
3. Authorize a ten percent (10%) contingency in the amount of $30,994;
4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount; and
5. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.
STRATEGIC FOCUS AREAS
Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)
EXECUTIVE SUMMARY
The bid opening for “Citywide Slurry Seal Project FY2024-25, Plan No. 1392” was held on February 13, 2025. Slurry Seal treatment seals the cracks, fills the voids, which prevent damage to the subgrade of city streets. Thirteen prime contractors secured the bid packages and six of them submitted bid proposals. The six responsive bids range from $309,942 to $913,723. Doug Martin Contracting Company, Inc. has been identified as the successful bidder with a bid amount of $309,942.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Citywide Slurry Seal Project (Plan No. 1392) was included in the Amended FY 2024-2025 budget with an allocation of $500,000 under Road Maintenance Rehabilitation Fund (F256).
DISCUSSION
Slurry seals are effective in areas of excessive oxidation and hardening of the existing asphalt and are used for sealing minor surface cracks and voids, retarding surface raveling, delineating different pavement surface areas, and, with proper aggregate, improving surface friction characteristics.
The City had conducted a comprehensive pavement condition study in November 2020. Based upon analysis of Pavement Management Plan (PMP) and Pavement Condition Index (PCI) data and site visits by staff to verify field conditions and site suitability for slurry seal treatment, staff identified the residential street segments with a PCI value of 80 and above.
Slurry Seal treatment seals the cracks, fills the voids, which prevent damage to the subgrade. It is considered an effective pavement treatment to prolong the useful life of fairly good streets. For this project, street segments with PCI value of 80 and above are considered. This will bring the PCI value up to 100 for these street segments, increasing the overall pavement rating for the City.
SLURRY SEAL MAP
FY 2024-25
The table below lists all locations and 2020 Pavement Condition Index (PCI) for locations that are included in this project.
This project will treat an area of approximately one million square feet (988,145 square feet). By this treatment, the average current PCI of 83.8 will increase to 100.
The notice inviting bids was published in the San Gabriel Valley Examiner on January 30 and February 6, 2025, and bids were received on February 13, 2025. Thirteen (13) prime contractors secured the bid package and six (6) of them submitted bid proposals. The six responsive bids range from $309,942 to $913,723. Doug Martin Contracting Company, Inc. has been identified as the lowest responsive bidder with a bid amount of $309,942.
Bid Summary
Contractor Name Bid Amount
Doug Martin Contracting Company $ 309,942.00
Pavement Coating Co. $363,505.00
American Asphalt South, Inc. $375,383.50
Ron Allan Slurry Seal, Inc. $ 398,118.00
All American Asphalt $445,000.00
Horizon Construction $913,723.00
Due to the nature of this project, staff is respectfully requesting that a 10% ($30,994) contingency be added to the construction contract to be utilized if unforeseen conditions arise during construction. Staff expects the budget for the project to be $356,435.
FISCAL IMPACT
The Fiscal Year (FY) 2024-25 Mid-Cycle Budget includes $500,000 for Citywide Slurry Seal Program funded under Road Maintenance Rehabilitation Account (RMRA) Fund. For FY 2025-26, available funding from RMRA will be evaluated for increased programming of citywide slurry seal projects.
Account
Available
Budget
Proposed
Expenditures
FY 2024-25 Amended Budget; Account Number 25600990-70000, Project Number 5525103
$500,000
Publication $390
Environmental $75
Construction $309,942
Contingency 10% $30,994
Total $341,401
Available Balance (RMRA Fund 256) $158,599
ENVIRONMENTAL DETERMINATION
Attached is the Notice of Categorical Exemption for Council for review and adoption.
Prepared By Maliha Fatima Ansari, Principal Civil Engineer Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Jeff Kugel, Community Development Director
ATTACHMENTS:
A. Notice of Exemption 1392
B. Plan Holder List 1392
C. Bid Summary 1392
D. Bid Extensions 1392
E. Bid Proposal 1392
F. Contract Agreement 1392
G. Presentation
Attachments
A. Notice of Exemption 1392.pdf
B. Plan Holder List 1392.pdf
C. Bid Summary 1392.pdf
D. Bid Extensions 1392.pdf
E. Bid Proposal 1392.pdf
F. Contract Agreement 1392.pdf
G. Presentation.pdf
CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
NOTICE OF EXEMPTION
Project Title: Citywide Slurry Seal Project FY2024-25, Plan No. 1392 Project Location: Citywide. See attached Project Location Map and List of Streets Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Low Density Residential Zoning Designation: E-6 Single Family Estate, E-7 Single Family Estate, RHR Rural Hillside Residential
Project Description: The project involves placing slurry seal on asphalt pavement on various existing public streets.
Surrounding Land Uses and Setting: Surrounding land uses include hillside low density residential, civic/institutional, utility and flood control The Community Development Director recommends the following exempt status / findings:
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1-Existing Facilities
Section: 15301(c)
Statutory Exemption. Code Number:
Reasons why project is exempt: The project places a thin slurry seal coating on the asphalt pavement of various existing public streets.
Date:
Jeff Kugel, Community Development Director
The above recommended exempt status and findings were adopted by the following body:
City of Glendora, City Council on _______________________ Date:
Maliha Ansari, Principal Civil Engineer (626) 914-8294
PROJECT LOCATION MAP
Citywide Slurry Seal Project FY 2024-25
Plan 1392
American Asphalt South, Inc. 19792 El Rivino Road Riverside, Riverside, CA-92509 Prime Bidder All American Asphalt 400 E 6th St, Corona, CA-92879 Prime Bidder Onyx Paving Company, Inc. 2890 E. La Cresta Ave, Anaheim, CA-92806 Prime Bidder Vance Corporation P.O. Box 575, Beaumont, CA-92223 Prime Bidder Mariposa Landscapes, Inc. 6232 Santos Diaz St, Irwindale, CA-91702 Prime Bidder Manhole Adjusting Inc. 9500 Beverly Road, Pico Rivera, CA-90660 Prime Bidder Horizons Construction Company 432 W Meats Ave, Orange, CA-92865 Prime Bidder Doug Martin Contracting Company, Inc. 220 Foundation Ave., La Habra, CA-90631 Prime Bidder Easy Builders Construction 1025 W Arrow Hwy, Glendora, CA-91740 Prime Bidder Pavement Coatings Co. 10240 San Sevaine Way, Jurupa Valley, CA-91752 Prime Bidder Union Pavement Services, Inc. 2904 Rubidoux Blvd., Jurupa Valley, CA-92509 Prime Bidder Roy Allan Slurry Seal, Inc. 12643 Emmens Way, Santa Fe Spring, CA-90670 Prime Bidder DOUG MARTIN CONTRACTING COMPANY 220 FOUNDATION AVE, LA HABRA, CA - 90631 Prime Bidder Rubberized Crackfiller Sealant 800 E. Walnut Ave., Fullerton, CA-92831 Subcontractor GRSI 10832 Dorothy Avenue, Garden Grove, CA-92843 Subcontractor Chrisp Company 43650 Osgood Rd, Fremont, CA-94539 Subcontractor PCI 975 W. 1st Street, Azusa, CA-91702 Subcontractor
Online Striping Services 9173 Clay Canyon Dr., Corona, CA-92883 Subcontractor Econolite Control Products 1250 N. Tustin Ave., Anaheim, CA-92807 Supplier Company Address Business
Designation
PLAN HOLDER LIST
CITYWIDE SLURRY SEAL PROJECT – FY 2024-25
PLAN NO. 1392
BID OPENING: FEBRUARY 13, 2025
SUMMARY OF BIDS
CONTRACTORS BID AMOUNT
1. Doug Martin Contracting Company $ 309,942.00
2. Pavement Coating Co.. $363,505.00
3. American Asphalt South, Inc. $375,383.50
4. Ron Allan Slurry Seal, Inc. $ 398,118.00
5. All American Asphalt $445,000.00
6. Horizon Construction $913,723.00
Item
Code Item Description Quantity Unit Price Extension Unit Price Extension Unit Price Extension 1 Mobilization &
Demobilization 1 $16,000.00 $16,000.00 $10,000.00 $10,000.00 $2,500.00 $2,500.00 2 Type II Emulsion
Aggregate Slurry Seal
(2.5% Latex)
1000 $280.00 $280,000.00 $261.30 $261,300.00 $221.67 $221,670.00 3 Install Thermoplastic
4" Stop bars, Legends,
and Blue Reflective
Markers
1 $27,000.00 $27,000.00 $25,000.00 $25,000.00 $26,395.00 $26,395.00 4 Crack Seal All Cracks
.25-inch wide of
greater and herbicide
1 $73,000.00 $73,000.00 $61,583.50 $61,583.50 $56,377.00 $56,377.00 5 Temporary Traffic and
Pedestrian Control 1 $49,000.00 $49,000.00 $17,500.00 $17,500.00 $3,000.00 $3,000.00 $445,000.00 $375,383.50 $309,942.00
Item
Code Item Description Quantity Unit Price Extension Unit Price Extension Unit Price Extension 1 Mobilization &
Demobilization 1 $67,870.00 $67,870.00 $15,000.00 $15,000.00 $17,250.00 $17,250.00 2 Type II Emulsion
Aggregate Slurry Seal
(2.5% Latex)
1000 $610.00 $610,000.00 $200.00 $200,000.00 $315.70 $315,700.00 3 Install Thermoplastic
4" Stop bars, Legends,
and Blue Reflective
Markers
1 $40,757.00 $40,757.00 $51,255.00 $51,255.00 $14,190.00 $14,190.00 4 Crack Seal All Cracks
.25-inch wide of
greater and herbicide
1 $117,230.00 $117,230.00 $48,000.00 $48,000.00 $37,598.00 $37,598.00 5 Temporary Traffic and
Pedestrian Control 1 $77,866.00 $77,866.00 $49,250.00 $49,250.00 $13,380.00 $13,380.00 $913,723.00 $363,505.00 $398,118.00
Horizons Construction Pavement Coatings Co. Roy Allan Slurry Seal, Inc.
CITYWIDE SLURRY SEAL PROJECT FY 2024-25, PLAN NO. 1392
BID EXTENSION
All American Asphalt American Asphalt South,
Inc.
Doug Martin Contracting
Company
Lowest Responsive Bid
AGREEMENT FOR PUBLIC WORKS SERVICES
By and Between
CITY OF GLENDORA
and
DOUG MARTIN CONTRACTING COMPANY, INC.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GLENDORA AND
DOUG MARTIN CONTRACTING COMPANY, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2025 by and between the City of Glendora, a California municipal corporation (“City”) and Doug Martin Contracting Company Inc., a California corporation (“Contractor”). City and Contractor may sometimes be referred to herein, individually as a “Party” or collectively, as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described herein.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora Municipal Code and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services described herein and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specification and requirements set forth in the Bid Documents for the Project (as each such terms are defined below), In compliance with all terms and conditions of this Agreement, and as described in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended.
For purposes of this Agreement, the phrase “highest professional standards” shall mean those Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 2 standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Citywide Slurry Seal FY 2024-25, Plan No. 1392, (the “Project”), including any documents or exhibits referenced therein (collectively, “Bid Documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 3 (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
Doug Martin
President
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 4 (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 5 increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a Change Order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement,, or the Bid Documents, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance by the City for the Project, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Bid Documents, to the reasonable satisfaction of the City, Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 6 the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Inspection by City.
In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section.
The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes to the work by altering, adding to or deducting from said work.
No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer, provided that such increase does not materially affect the work in a manner or materially and detrimentally affect the interest of the City. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows:
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 7 (i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or the lowest current price for which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) Daily Reporting: If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include:
list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights to payment for the work performed for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $309,942 (Three Hundred Nine Thousand Nine Hundred Forty-Two Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.10. 2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 8 services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor isrequired to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Finance Director and/or the Contract Officer. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, include a copy of Contractor’s certified payroll and proof that the certified payroll has been submitted to the DIR, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 9
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in the work performed by Contractor.
2.6 Retention.
City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed (“NTP”) by the Contract Officer and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 10 timely written acceptance, otherwise work shall be deemed to have been rejected. If City finds that Contractor’s work does not meet the requirements and standards set forth in this Agreement, Contractor shall remedy any defects in the work at Contractor’s sole expense, following notice by the City. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
Doug Martin, President
Dixie Martin, Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 11 may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Public Works Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 12 ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification obligations to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 13 primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 14 (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of this Contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, injuries or death of any person (including workers and the public), 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 provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 15 arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities (with legal counsel approved by City) and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
Contractor’s obligations under this Section shall apply regardless of whether or not such claims or liabilities were caused in part or contributed to by the City or any Indemnified Parties. In instances where City or its Indemnified Parties is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 16
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement (“Performance Bond”).
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
Both the Performance Bond and Payment Bond required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Payment Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the work for the Project has been finally accepted by the City; and Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 17 (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the Project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the Project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 18 and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 19 Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, in the sole and absolute discretion of the Project Manager. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on such invoices only when the default is cured to the satisfaction of the City. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Additionally, Section 9204 of the California Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein and the intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code with respect to any such claims by Contractor. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, the term “claim(s)” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 20 interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any of the services required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 21 except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the Parties.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 22 ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his / her financial interest or the financial interest of any corporation, partnership or association in which he/her is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 23 ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
9.4 Integration; Amendment.
This Agreement including the attachments hereto (and the documents incorporated herein) is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction/
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 Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 24 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. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials ___________________
Doug Martin
President
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 PW Agreement – Doug Martin Contracting (Citywide Slurry Seal Project, Plan No 1392) 03.25.2025 25 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF GLENDORA, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
Doug Martin Contracting Company Inc.,
a California corporation
Name: Doug Martin
Title: President
Email: [email protected]
Name: Dixie Martin
Title: Secretary
Email: [email protected]
Address: 220 E. Foundation Ave., La Habra, CA 90631
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 Mar 12, 2025 | 9:50 AM PDT
Mar 12, 2025 | 11:11 AM PDT
01240.0001/1037449.1 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the Bid Documents for the Project entitled Citywide Slurry Seal Project FY 2024-25, Plan No. 1392, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
This Project entails surfacing Type II Slurry Seal with 2.5% Latex, crack sealing, traffic striping and markings and implementing traffic control on certain residential streets within the City.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Existing conditions report and status of overall work schedule B. Progress reports of work completed over the past two (2) weeks C. Report of work to be completed over the next two (2) weeks D. Report on pending request for information (RFIs)
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition, and shall observe and perform all traffic control safe protocols while working in the public right of way.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
Add the following sentence to Section 2.4 - Invoices:
“In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.” II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following sentence to Section 3.1 – Time of Essence:
“Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.”
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates set forth on the Bid Documents submitted as part of Contractor’s Proposal, as listed below:
Line
Item Item Description Unit of Measure Quantity Unit Price Extension 1 Mobilization & Demobilization LS 1 $2,500.00 $2,500
2 Type II Emulsion Aggregate Slurry Seal
(2.5% Latex) ELT 1,000 $221.67 $221,670
3 Install Thermoplastic 4” Stop bars, Legends,
and Blue Reflective Markers LS 1 $26,395.00 $26,395
4 Crack Seal All Cracks .25-inch wide of greater
and herbicide LS 1 $56,377.00 $56,377
5 Temporary Traffic and Pedestrian Control LS 1 $3,000.00 $3,000 Not to Exceed Total $309,942
Quantity may be changed or item may be deleted
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Documents, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1.
IV. The City will compensate Contractor for the services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.
V. The total compensation for the services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Description Days to Perform Deadline Date
A. All work 30 Days TBD
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. City’s Contract Officer will identify the same concurrently with the issuance of the notice to proceed.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Doug Martin Contracting Company Inc., a California Corporation, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Citywide Slurry Seal Project FY 2024-25, Plan No. 1392;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of $309,942 (Three Hundred Nine Thousand Nine Hundred Forty-Two Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Doug Martin Contracting Company Inc., a California Corporation,, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Citywide Slurry Seal Project FY 2024-25, Plan No. 1392; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of $309,942 (Three Hundred Nine Thousand Nine Hundred Forty-Two Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Citywide Slurry Seal Project FY 2024-25, Plan No.1392 Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3 01240.0001/1037449.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: 668F2802-625E-405A-A5CB-D670BD1CDBD3
AWARD CONSTRUCTION CONTRACT FOR
CITYWIDE SLURRY SEAL FY 2024-25 PROJECT
PLAN NUMBER 1392
PUBLIC WORKS
GLENDORA CITY COUNCIL
MARCH 25, 2025
MALIHA ANSARI, PRINCIPAL CIVIL ENGINEER
2023-2025 STRATEGIC PLAN
• Improve and maintain the City’s infrastructure and facilities
STREET IMPROVEMENTS
❖ SLURRY SEAL IS AN EFFECTIVE MEASURE TO MAINTAIN AND PROLONG THE USEFUL LIFE OF THE PAVEMENT.
❖ RESIDENTIAL STREETS FROM THE 2020 PAVEMENT MANAGEMENT PLAN ❖ 1,000,000 SQ.FT. OF PAVEMENT WILL RECEIVE SLURRY SEAL ❖ FIFTY STREET SEGMENTS FROM 170’ TO 1,730’ IN LENGTH
❖ ENHANCE AESTHETIC
CITYWIDE SLURRY SEAL FY 2024-25 PROJECT
CITYWIDE SLURRY SEAL FY 2024-25
PROJECT AWARD
• Bid Opening on February 13th, 2025.
• Six (6) responsive bids were received.
• Engineer’s Estimate $440,000.
• Bids ranged from $309,942 to $913,723.
• Award to Doug Martin Contracting Company, Inc
BID SUMMARY
Bid Summary
Contractor Name Bid Amount
1 Doug Martin Contracting Company $309,942.00
2 Pavement Coating Co. $363,505.00
3 American Asphalt South, Inc. $375,383.50
4 Ron Allan Slurry Seal, Inc. $398,118.00
5 All American Asphalt $445,000.00
6 Horizon Construction $913,723.00
PROJECT TIMELINE
Task Tentative Date
Award of Contract March 25, 2025
Notice to Proceed April 14, 2025
Construction Duration 30 Working Days
Construction Start* April 21, 2025
Construction Completion* May 30, 2025
* WEATHER DEPENDENT
PROJECT PROBABALE COST
Available
Budget
Proposed
Expenditures
FY 2024-25 Amended Budget; Account Number 25600990-70000, Project Number 5525103 $500,000
Publication $390
Environmental $75
Construction $309,942
Contingency 10% $30,994
Total $341,401
Available Account Balance (RMRA F256) $158,599
RECOMMENDATION:
THE CITY COUNCIL:
1. Adopt a Categorical Exemption from the California Environmental Quality Act Pursuant to Section 15301(c) of the California Code of Regulations;
2. Award the Contract to Doug Martin Contracting Company, Inc for Citywide Slurry Seal Project FY 2024-25, Plan No. 1392 in the amount of $309,942 with a 10% contingency in the amount of $30,994 for a total amount of $340,936;
3. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount; and
4. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.
STAFF REPORT
TO: Mayor and Council Members DATE: March 25, 2025
FROM: Public Works DISTRICT(S): 4
SUBJECT: Approve a Professional Services Agreement for Contract Services with SA Associates, Inc. the Design of Water and Street Improvements and Bid Support for upon Cypress Avenue and Adjacent Streets, et al. in the amount of $238,000
RECOMMENDATION
That the City Council:
1. Award an Agreement for Contract Services to SA Associates, Inc. for the design of water and street improvements and Bid Support for portions of Cypress Ave and adjacent streets, in the amount of $238,000;
2. Authorize the City Manager or his designee to execute the Agreement, including any minimal and/or non-substantive changes; and
3. Approve a supplemental appropriation from the Measure M Fund (234) in the amount of $60,000 and the Water Capital Fund (502) in the amount of $178,000 for this project.
STRATEGIC FOCUS AREAS
Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)
EXECUTIVE SUMMARY
One of the key goals of the City’s Strategic Plan is to improve and maintain infrastructure and facilities. This agreement helps advance that goal by providing design and engineering services for much needed water and street improvements on Cypress Ave and adjacent streets, from Loraine Ave to Elwood Ave, and from Leadora Ave to Bennett Ave. The project will enhance reliability, improve road conditions, and support the long-term sustainability of our community. Following the issuance of a Request for Proposal and a thorough review of the submissions, including interviews with the top consultants, the recommendation is to award the Agreement to SA Associates, Inc. in the amount of $238,000.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The 2023-2025 Citywide Strategic Plan includes Goal No. 5, Improve and Maintain the City’s Infrastructure and Facilities.
The Cypress et al. Water and Street Improvement Project aligns with Goal No. 5 preparing plans for necessary infrastructure improvements.
DISCUSSION
The award of this Agreement will mark the start of Phase 1 of the Cypress Avenue et al. Water and Street Improvement Project (Project). Once completed, the Project will replace approximately 8,300 linear feet of aging water main with new 8- inch piping, install upgraded water service laterals, and add new fire hydrant assemblies to meet the City’s design standards.
Additionally, it will provide approximately 300,000 square feet of street improvements through pavement resurfacing and rehabilitation, ADA-compliant curb ramp upgrades, and new signage and striping.
Phase 1 encompasses the design phase, including the preparation of plans, specifications, and estimates (PS&E). It also includes support for Phase 2, the construction phase, by assisting with technical specifications, the bidding process, and the development of final as-built drawings. Upon completion, the Project will enhance water system reliability, provide smoother streets for residents, reduce long-term maintenance costs, and improve the overall appearance of the area.
CYPRESS AVENUE AND SURROUNDING AREA WATER MAIN
REPLACEMENT AND STREET IMPROVEMENTS
A Request for Proposals (RFP) for Phase 1 design services was issued on November 7, 2024, with an initial proposal deadline of December 5, 2024. Three proposals were received by the deadline, and following a preliminary review, all proposers were invited to an in-person interview on January 27, 2025. In the interview, proposers were asked to submit their best and final fees, following the Request for Proposal requirements by February 5, 2025. After another round of fee submissions, proposals are detailed in the table below.
Firm Location Amount*
1. SA Associates* Arcadia, CA $238,000
2. Kabbara Engineering Santa Ana, CA $226,852
3. TKE Riverside, CA $194,406
*Selected Engineering Firm
The proposals were evaluated based on qualifications, relevant experience, project understanding, presentation, and deliverability. The proposal submitted by SA Associates clearly identifies potential challenges and provides proactive solutions. The extended timeline suggests an understanding of the project, to reduce the likelihood of delays, a need for change orders and/or rework during the construction phase.
Following this process, staff recommends awarding the Agreement for design and engineering services, including construction bid assistance and oversight, to SA Associates, Inc. in the amount of $238,000.
The Cypress Avenue et al. Water and Street Improvement Project is not included in the City’s FY 2024/2025 Capital Improvement Plan and is therefore not yet funded. To proceed with Phase 1, staff is requesting a supplemental appropriation of $238,000, with funding sourced as follows: $60,000 (25%) from the Measure M Fund (234) and $178,000 (75%) from the Water Capital Fund (502).
Once the design phase is complete, the consultant will assist in preparing a bid package for Phase 2 and the public bidding process to select a construction contractor. Staff will return to the City Council for approval of the construction contract and any additional funding necessary to complete the project.
A tentative timeline is as follows:
Task Tentative Date
Award PS&E Design and Construction Documents Agreement March 25, 2025 Notice to Proceed April 14, 2025
30% Preliminary Design August 29, 2025
100% Final Design November 14, 2025
Final Construction Bid Documents December 4, 2025
Return to City Council for Award of Contractor for Construction January 27, 2026
FISCAL IMPACT
The proposed project is not included in the FY 2024-25 Adopted Mid-Cycle Budget and therefore requires a supplemental appropriation for the preparation of PS&E and Construction Documents.
Measure M Capital Improvement (23400990.70000)
Preparation of PS&E and Construction Documents (25%) $60,000 Water Capital Improvement (50200990.70000)
Preparation of PS&E and Construction Documents (75%) $178,000 *Total Appropriation Request $238,000
*Future costs associated with construction of the project (outside of engineering, plans, etc.) will need to be budgeted. At this time, the funding source has not been appropriated for the completion of this project. As this project moves forward, staff will continue to work to identify funding for the construction phase of this Project.
ENVIRONMENTAL DETERMINATION
The approval of an agreement for design and construction documents does not provide approval of any project under the California Environmental Quality Act (“CEQA”); and as such this item is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Prepared By Maliha Fatima Ansari, Principal Civil Engineer Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Professional Services Agreement with SA Associates
B. SA Associates Proposal
C. Presentation
Attachments
A. Professional Services Agreement with SA Associates.pdf B. SA Associates Proposal.pdf
C. Presentation.pdf
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GLENDORA
and
SA ASSOCIATES, INC.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GLENDORA AND
SA ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2025 by and between the City of Glendora, a California municipal corporation (“City”) and SA Associates, Inc., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 2
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 3 Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials _____________________________ Shahnawaz Ahmad, 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.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 4
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer (as defined below) to the Consultant, incorporating therein any adjustment in (i) the Contract Sum (or a portion of the compensation due to Consultant) for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer.
Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 5 ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $238,000 (Two Hundred Thirty Eight Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant shall be deemed to have certify compliance with all provisions of this Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 6
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two years from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (as shown on Exhibit “D” attached hereto). The City Manager may, at his/her sole discretion, extend the Term for one additional one-year term.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Shahnawaz Ahmad, President
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 7 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the Term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Public Works Director, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with 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, Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 8 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 sole cost and 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, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 9 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.
(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.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 10 (j) Additional Insured Status. General liability and automobile 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 by the City 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 services who is brought onto or involved in the services 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 services will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the Term of this Agreement 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) Deductibles / Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, it officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the city guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 11 (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
(d) Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
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, Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 12 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 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.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 13 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, as determined by the Contract Officer. The cure period may run concurrently with the termination period as provided in Section 7.7, if the option to cure in the alternative to termination. 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.
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.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 14
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 15 be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should 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.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 16 ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
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 Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 17 which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______________________________ Shahnawaz Ahmad, President
9.7 Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) 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 APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Agreement – SA Associates (Cypress Ave - Design Plans for Water and Street Improvements, Plan 1396 and 1397) 03.25.2025 18 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF GLENDORA, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:
SA ASSOCIATES, INC.
Name: Shahnawaz Ahmad
Titles: President
Vice President
Secretary/Treasurer
Email: [email protected]
Address: 1130 W. Huntington Drive, Unit 12,
Arcadia CA 91007
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 Mar 14, 2025 | 11:15 AM PDT
01240.0001/1016474.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services as they relate to professional engineering design services for water and street improvements at Cypress Avenue et al.; east of Glendora Avenue and South of Route 66.
A. As-Built Research, Investigation and Review
B. Utility Research and Notification
C. Field Investigations
D. Preliminary Design and Final Engineering Design
E. Permitting (if Applicable)
F. Engineer’s Quantity and Cost Estimate
G. Construction Specifications and Bid Documents
H. Plan Interpretation and Bidding Assistance
I. Construction Support and Submittal Review
J. Meeting and Site Visits
K. As-Built Drawings
A detailed description of such services is shown in the proposal prepared by the Consultant, dated December 5, 2024 and revised on February 12, 2025.
II. As part of the services, Consultant will prepare and deliver the following tangible work products to the City:
A. Utility Request Letters
B. Utility submittals for conflict resolution and status C. Utility Agencies Contact List
D. Copies of Utility Information Requests
E. Submittal Log at each submittal or more often, if necessary, through project design.
F. Geotechnical Report
G. Preliminary Plans at 30% Design Level (AutoCAD and PDF format) H. Right of Way Needs Map and revisions as needed (AutoCAD and PDF format) I. Rough Order of Magnitude estimated cost
J. Complete the Categorically Exception form (CEQA)
K. Construction Drawings at 60% and 90% Design Level (AutoCAD and PDF format) L. Specifications at 90% Design Level (MSWord and PDF format + 1 hard copy)) Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 01240.0001/1016474.1 A-2
M. Final Drawings at 100% Design Level (AutoCAD and PDF format) N. Final Specifications at 100% Design Level (MSWord and PDF format) O. Schedule of Quantities at 60% and Final Design Levels P. Permit Preparation
Q. Preliminary Low Impact Development Design opportunities R. 60%/90% and Final Bid Schedule and EOPCC: Electronic Submittal, excel and PDF format (Final to also include 1 hard copy)
S. 60%/90% and Final Technical Specifications and Bid Documents: Electronic Submittal, Word, Excel and PDF format (Final to also include 1 hard copy).
T. Record As Built Drawings signed by the engineer of record (AutoCAD and PDF format).
III. In addition to the requirements of Section 6.2, during performance of the services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Consultant will coordinate and attend update meetings as well as prepare meeting agendas, minutes, project reports and project schedule updates.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following key personnel to accomplish the services:
A. Shahnawaz Ahmad, QA/QC
B. Jorje Lovo, Project Manager
C. Raul Garibay, Project Engineer
D. Hugo Magana, Auto CAD Designer
E. Geotechnical - Geo-Advantec, Inc.
F. Surveying - On Point Surveying, Inc.
G. Potholing – BESS Testlab, Inc.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 01240.0001/1016474.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
N/A
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 01240.0001/1016474.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
DESCRIPTION SUB-BUDGET
B. As Built Research, Investigation & Review $2,000
C. Utility Research and Notification $2,000
D. Field Investigations $88,000
E. Preliminary Design and Final Engineering $88,000
F. Permitting (if Applicable) $4,000
G. Engineer’s Quantity and Cost Estimate $10,000
H. Construction Specifications and Bid Documents $8,000 I. Plan Interpretation and Bidding Assistance $4,000
J. Construction Support and Submittal Review $7,000
K. Meetings and Site Visits $18,000
L As-Built Drawings $7,000
Not-to-Exceed Total Fee) $238,000
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The City will compensate Consultant for the services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 01240.0001/1016474.1 C-2
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit “C-1”.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 01240.0001/1016474.1 C-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATES
Position Hourly Rate
Quality Assurance/Quality Control $240
Project Manager $198
Project Engineer $180
Assistant Engineer / Designer $110
Clerical $102
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 01240.0001/1016474.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Description Deadline Date
A. Project Management &
Coordination
12/5/2025
B. Research & Data
Collection
5/30/2025
D.
E.
G.
H.
I.
Preliminary Design (30%)
Permits and Approvals
Final Engineering Design
Final Bid Documents
Construction Support &
As Builts
8/29/2025
8/29/2025
11/14/2025
11/21/2025
TBD
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Docusign Envelope ID: 573A38FD-B8C6-4F1E-8E82-21F655B34DC4 DELIVERING VALUE ... COMMITTED TO EXCELLENCE
CITY OF GLENDORA
PROPOSAL FOR
PROFESSIONAL ENGINEERING DESIGN SERVICES
FOR
PREPARATION OF THE WATER UPGRADES AND
STREET IMPROVEMENTS IN THE CYPRESS STREET AREA
QUESTCDN#9397259
DECEMBER 5, 2024
1130 W. Huntington Drive, Unit 12, Arcadia, CA 91007 TEL 626.821.3456 FAX 626.445.1461 www.saassociates.net December 5, 2024
Maliha Ansari, Principal Civil Engineer
City of Glendora
116 E. Foothill Boulevard
Glendora, CA 91741
Subject: Proposal for Professional Engineering Design Services for Preparation of Water Upgrades and Street Improvements in the Cypress Street Area, QuestCDN No. 9397259 Dear Maliha:
In accordance with the City’s Request for Proposal, we are pleased to submit our proposal to provide Engineering Design Services for Preparation of the Water Upgrades and Street Improvements in the Cypress Street Area.
SA Associates is a principal-owned firm, committed to engineering excellence and principal involvement. We are incorporated in the State of California. Project management and contract performance is personally directed by our principal who is a thoroughly experienced, licensed Professional Engineer with the State of California. Our services cover a broad spectrum of engineering from investigation and feasibility reports to design, construction administration, and construction observation. We provide complete engineering services for municipalities, public and private water agencies, sanitary districts, and flood control districts.
Extensive Experience in Water Main Design and Street Improvements: SA Associates has over 35 years of extensive experience in design and construction of water and street facilities. We have been responsible for the design and construction of over 147 miles of water and recycled water lines for a construction cost of approximately $134 million and 49 miles of street for a construction cost of $87 million for various agencies in the Southern California region.
Recent Project Experience
Here's a summary of the recent water main design project experience:
➢ City of South Gate: Design and replacement of 17,130 feet of cast iron water main with ductile iron pipe ➢ City of Lynwood: Design improvements for 1,985 feet of 6", 8", and 12" ductile iron water mains along Long Beach Boulevard, including meter upgrades and line abandonment. ➢ City of Chino Hills: Design of 8,830 feet of 12" PVC recycled water pipelines on English Road. ➢ Long Beach Utilities Department: Design of 2,230 feet of 8" ductile iron water mains on Ximeno Avenue and 510 ft. of 8” ductile iron water mains on Queensway Drive. ➢ Santa Clarita Valley Water Agency: Preparation of plans, specifications, and cost estimates for two projects:
− Bouquet Tank Pipeline & Tank #3: Replacement of 2,420 feet of steel and PVC pipe. − Old Road: Replacement of 4,670 feet of PVC pipe.
Street projects include:
➢ City of Anaheim: Widening of Dale Avenue
➢ City of Gardena: Vermont Avenue Street Improvement Project ➢ City of Irvine: Culver/Alton & Culver/Main Intersection Improvements and Barranca Parkway from I-5 to Alton Parkway Improvements
➢ City of Lawndale: FY 2022-23 Residential Street Rehabilitation Project, Redondo Beach Blvd. Street Improvements, FY 2020-21 Street Improvement Project
➢ City of Monterey Park: Sidewalk Improvements at East Los Angeles College and Langly Senior Center ➢ City of Manhattan Beach: Project Management for Capital Improvement Projects City of Glendora
Proposal for Professional Engineering Design Services for Preparation of Water Upgrades and Street Improvements in the Cypress Street Area, QuestCDN No. 9397259 December 5, 2024