AMENDMENT #1
TO
CONTRACT # 091521-NAF
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and 72 Hour LLC dba: National Auto Fleet Group (Supplier).
Sourcewell awarded a contract to Supplier to provide Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories to Sourcewell and its Participating Entities, effective November 4, 2021, through November 8, 2025 (Contract).
The parties wish to amend the Proposal to ensure compliance with Sourcewell’s Procurement Policy and standard government procurement practices.
NOW, THEREFORE, the parties amend the Contract as follows:
Line item 28 of “Table 6: Ability to Sell and Deliver Service” of the Proposal is modified to add the following:
“For Tesla and Mullen vehicles, the Participating Entity will work directly with Supplier when ordering the vehicle. Once a purchase order is issued and received by Supplier, Supplier will work with the appropriate Tesla or Mullen representative to process the order and deliver the vehicle directly to the Participating Entity. All necessary paperwork will be handled directly between the Participating Entity and Supplier.” Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell 72 Hour LLC
dba: National Auto Fleet Group
By: By:
Jeremy Schwartz, Chief Operating Officer Jesse Cooper, Fleet Manager Date: Date:
STAFF REPORT
TO: Mayor and Council Members DATE: June 10, 2025
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Approval of Amendment No. 2 to the Public Works Agreement between West Coast Arborists, Inc. and the City of Glendora dated June 22, 2021 for Tree Trimming and Tree Maintenance Services in an Amount Not to Exceed $741,490 for FY 2025/26
RECOMMENDATION
That the City Council:
1. Approve Amendment No. 2 to the Agreement between West Coast Arborists and the City of Glendora dated June 22, 2021, for Tree Trimming and Tree Maintenance Services, increasing the authorized annual expenditure by an amount not to exceed $741,490 for FY 2025/26, increasing the cumulative amount of the agreement to $3,163,980, and extending the term of the agreement through June 30, 2026; and
2. Authorize City Manager to execute Amendment No. 2.
STRATEGIC FOCUS AREAS
Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)
EXECUTIVE SUMMARY
On June 22, 2021, the City Council awarded West Coast Arborists, Inc. an agreement for Tree Trimming and Tree Maintenance Services for three-years with two optional one-year extensions. The original award authorized an annual expenditure of $567,000 per fiscal year, totaling $1,701,000 over the initial three-year term of the agreement. Amendment No. 1, approved by City Council on July 9, 2024, extended the term of the agreement for an additional one-year period through June 30, 2025, and increased the contract amount to $2,422,490.
Amendment No. 2 extends the term of the agreement for an additional one-year period through June 30, 2026, and authorizes an additional expenditure in an amount not to exceed $741,490 for FY 2025/26. The increase in the annual expenditure reflects the rate increase based on the Consumer Price Index (CPI), the actual cost of the work being performed, and a small contingency for unanticipated special projects and emergencies.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
West Coast Arborists (WCA) entered an agreement with the City of West Covina (West Covina) on July 1, 2020, that specifically includes cooperative purchasing language, and WCA indicated their willingness to extend this pricing to Glendora.
On June 22, 2021, under Glendora Municipal Code Section 2.40.050(4) regarding Cooperative Agreements, the City Council awarded West Coast Arborists, Inc. an agreement for Tree Trimming and Tree Maintenance Services for three-years with two optional one-year extensions, in an amount not to exceed $567,000 per fiscal year, totaling $1,701,000 over the initial three-year term of the agreement.
On July 9, 2024, the City Council approved Amendment No. 1 to the agreement, extending the term for an additional one-year period and increasing the contract amount to $2,422,490.
DISCUSSION
The City of Glendora has contracted with WCA for tree maintenance services since 1999, and they have provided a consistently high level of service to the City. They have an extensive understanding of Glendora’s unique urban forest needs, and the expertise to meet them as an industry leader in the region, serving over 350 public agencies throughout California and Arizona.
The current agreement with WCA was awarded by Council on June 22, 2021, for an initial three-year term with two optional one-year extensions. The initial term of this agreement expired on June 30, 2024, and had a not-to-exceed amount of $567,000 per fiscal year with a total of $1,701,000 over the initial three-year term of the agreement.
Amendment No. 1, approved by City Council on July 9, 2024, increased the authorized annual expenditure to $721,490 for FY 2024/25, the cumulative amount of the agreement to $2,422,490, and extended the term of the agreement for an additional one-year period through June 30, 2025.
The unit rates remained the same for the initial three-year term of the contract through June 30,2024. Amendment No. 1 increased the unit rates 3.4% based on the ratio of the increase in the Consumer Price Index (CPI-U) for Los Angeles-Long Beach-Anaheim from February 2023 to February 2024. Amendment No. 2 will increase the unit costs an additional 3.11%, effective July 1, 2025, based on the increase in CPI-U from February 2024 to February 2025. The cumulative increase since the inception of this contract is 7.23%, well below the 21.45% increase in the CPI-U over the same period. The projected FY 2025/26 cost for tree maintenance, including the 3.11% rate increase, is illustrated in Table 1 below.
FISCAL IMPACT
Table 1
The unfunded contingency is included in the not to exceed amount to provide for work resulting from special projects and other unforeseen emergencies. If work is needed using this contingency, funds would be transferred from unencumbered funds available in other appropriate accounts.
Task Frequency Projected Annual
Cost
Grid Prune 5-year Pruning Cycle $219,840
Ficus Prune in Village Annual $175,000
Palm Prune Bi-Annual $50,000
Bougainvillea Trimming Annual $13,340
Planting As Needed $23,320
Removals As Needed $110,000
General Labor and Other Services As Needed $30,000
Emergency Response As Needed $50,000
Subtotal $671,500
Contingency $69,990
Total $741,490
ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.
Prepared By Paul Fisher, Business Services Manager
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of
Funds
Kyle Johnson, Finance Director/City
Treasurer
Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Agreement
B. Amendment No. 1
C. Amendment No. 2
D. Presentation
Attachments
A. Agreement.pdf
B. Amendment No. 1.pdf
C. Amendment No. 2.pdf
Delivery Under Seperate Cover.pdf
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GLENDORA
and
WEST COAST ARBORIST, INC.
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GLENDORA AND
WEST COAST ARBORIST, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 22nd day of June, 2021 by and between the City of Glendora, a California municipal corporation (“City”) and West Coast Arborist, Inc. a California Corporation (“Contractor”). City and Contractor 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. 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, 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 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. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified 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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-2
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 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Tree Trimming and Tree Maintenance Services 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 regulation.
(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 Department of Industrial Relations (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. (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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-3
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 Section 1810.
(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 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 ________________
Victor Gonzalez
Vice President, Business Development
[email protected]
(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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-4
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) 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, materially different from those indicated; or (iii) unknown physical conditions at the 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, performance of any part of the work, 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 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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-5
work to be performed under the 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 contracting 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 the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as 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 the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming 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 the Agreement 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, 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 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 an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) 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 the 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, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-6
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 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.
1.10 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 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; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. 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 completed, to the satisfaction of the City, as follows:
(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 lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-7
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 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 $1,701,000 (One Million, Seven Hundred and One Thousand 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 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, DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-8
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 is required 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 Director of Finance. 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”, 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 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.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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 and shall perform all services within the time period(s) established in DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-9
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 timely written acceptance, otherwise work shall be deemed to have been rejected. 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 & Extended Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding Three (3) calendar years from the date hereof. The City Manager may, at his/her sole discretion, extend the Agreement for up to a maximum of Two (2) additional one (1) calendar year terms.
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 in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Victor Gonzalez, Vice President, Business Development
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-10
John L. Pineda, Area Manager
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 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 designated Public Works Staff 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 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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-11
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.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, 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 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. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-12
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 Contractor 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. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) 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. (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. 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 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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-13
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.
(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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-14
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) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the 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, 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 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 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 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 arising out of or in connection with the negligent performance of or failure to perform such work, operations or DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-15
activities of Contractor hereunder; 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.
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.
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.
(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.
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-16
Both the performance and labors bonds 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 power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under 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. 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 performance bond 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 Labor 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 has been accepted; and
(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 Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-17
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 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.
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-18
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: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-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. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. 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 contract 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. 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.
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 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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-20
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 See Exhibit B, as liquidated damages for each working day of delay in the performance of any service 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, 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. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-21
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 of the Parties.
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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-22
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 the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he 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.
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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-23
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.
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 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.
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 DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-24
“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterest” 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 ___________________
Victor Gonzalez
Vice President, Business Development
[email protected]
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 ON FOLLOWING PAGE]
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-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
_______________________________ _______________________________ William W. Wynder
City Attorney
June Overholt
Administrative Services Director
ATTEST:
_______________________________
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
WEST COAST ARBORIST, INC.
_______________________________
Name: Victor Gonzalez
Title: Vice President, Business Development
Email Address: [email protected]
Phone: (714) 991-1900 Office - Ext. 153
_______________________________
Name: John L. Pineda
Title: Area Manager
Email Address: [email protected]
Phone: 714-713-0746
Address: 2200 E. Via Burton, Anaheim, CA92806
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-26
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 A-27
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 Tree Trimming and Tree Maintenance Services including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The complete, continuous, consistent and safe tree maintenance of a variety of species throughout the City. Tree maintenance may consist of pruning, removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, arborist service and inventory.
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:
A. Including pictures in Arbor Access after any work is done on a tree within the City’s Urban forest.
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.
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. City hereby waives Section 7.7 of the Agreement for Liquidated Damages.
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1
DocuSign Envelope ID: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0001/535311.1
II. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
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: 436DF45E-FC0E-4C27-88CC-496F423933A8 01240.0006/983517.2
AMENDMENT NO. 1
TO AGREEMENT FOR PUBLIC WORKS SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PUBLIC WORKS SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA (“City”) and WEST COAST ARBORISTS, INC., a California corporation (“Contractor”) is effective as of the _____ day of __________, 2024.
RECITALS
A. City and Contractor entered into that certain Agreement for Public Works Services dated June 22, 2021 (“Agreement”) whereby Contractor agreed to provide certain tree trimming and tree maintenance services. Except as otherwise defined herein, all initially capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Agreement.
B. City and Contractor now desire to amend the Agreement to extend the term through June 30, 2025 and to increase the Contract Sum due to Contractor under the Agreement by $721,490 for the extension to the term of the Agreement.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. 2.1 (Contract Sum) of the Agreement shall be revised as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay 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 Two Million Four Hundred Twenty Two Thousand Four Hundred Ninety Dollars ($2,422,490) $1,701,000 (One Million, Seven Hundred and One Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”
b. 3.5 (Term & Extended Term) of the Agreement shall be revised as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding Three (3) four (4) calendar years from the date hereof. The City Manager may, at his/her sole discretion, extend the Agreement for up to a maximum of Two (2) one (1) additional one (1) calendar year terms period.” c. Exhibit “C” (Schedule of Compensation) attached to the Agreement shall be amended to include a new Part I.A. for such exhibit as shown in the Exhibit “C” attached hereto, which shall provide for the Schedule of Compensation for the period commencing on July 1, 2024 under the Agreement.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, the provisions of the Agreement shall remain unchanged and in full force and effect. From and Docusign Envelope ID: 0FE3306C-2DB0-434F-949D-9C8788C606DB 9th
July
Amendment No. 1 – West Coast Aborist (Tree Maintenance Svcs) 07.09.2024 -2- after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
6. Counterparts. This Amendment No. 1 may executed in one or more counterparts.
Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Amendment No. 1 based on the form of signature. [SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 0FE3306C-2DB0-434F-949D-9C8788C606DB Amendment No. 1 – West Coast Aborist (Tree Maintenance Svcs) 07.09.2024 -3- IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
WEST COAST ARBORISTS, INC.
Name: Patrick Mahoney
Title: President
Email: [email protected]
Name: Richard Mahoney
Title: Secretary
Email: [email protected]
Address: 2200 E. Via Burton Street
Anaheim, California, 92806
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
Docusign Envelope ID: 0FE3306C-2DB0-434F-949D-9C8788C606DB Jun 11, 2024 | 8:31 AM PDT
Jun 11, 2024 | 8:23 AM PDT
Jul 10, 2024 | 10:36 AM PDT
01240.0006/983517.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I.A. For the period commencing on July 1, 2024 Contractor shall perform all work at the rates set forth below:
Docusign Envelope ID: 0FE3306C-2DB0-434F-949D-9C8788C606DB 01240.0006/983517.2
The total compensation for the services during the period commencing on July 1, 2024 and ending on June 30, 2025 shall not exceed $721,490.
Docusign Envelope ID: 0FE3306C-2DB0-434F-949D-9C8788C606DB 01240.0001/1015820.1
AMENDMENT NO. 2
TO PUBLIC WORKS AGREEMENT
THIS AMENDMENT NO. 2 TO PUBLIC WORKS AGREEMENT (“Amendment”) is made by and between the CITY OF GLENDORA (“City”) and WEST COAST ARBORISTS, INC., a California corporation (“Contractor”) effective as of the ____ day of _______, 2025.
RECITALS
A. City and Contractor entered into that certain Public Works Agreement, dated June 22, 2021 (“Agreement”) whereby Contractor agreed to provide tree trimming and tree maintenance services. Initially capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.
B. City and Contractor amended the Agreement pursuant to that certain Amendment No. 1, dated July 9, 2024 (“Amendment No. 1”) in order to extend the term of the Agreement through June 30, 2025 and increase the Contract Sum by $721,490 for the extension to the term.
C. City and Contractor now desire to amend the Agreement to extend the term of the Agreement for an additional one-year period through June 30, 2026, and to increase the Contract Sum, by $741,490 for the period commencing on July 1, 2025 and ending on June 30, 2026.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1 (Contract Sum) of the Agreement shall be revised as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay 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 Three Million one Hundred Sixty Three Thousand Nine Hundred Eighty Dollars ($3,163,980) Two Million Four Hundred Twenty Two Thousand Four Hundred Ninety Dollars ($2,422,490) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”
b. Section 3.5 (Term & Extended Term) of the Agreement shall be deleted and replaced as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, but not exceeding the date of June 30, 2026.”
c. Exhibit “C” (Schedule of Compensation) attached to the Agreement shall be amended to include a new Part 1.B. for such exhibit as shown in the Exhibit “C” attached hereto which shall provide for the Schedule of Compensation for the period commencing on July 1, 2025.
Docusign Envelope ID: 34CDD52D-734A-4087-9996-BA41D69C66AB Amendment No. 2 – West Coast Arborists (06.10.2025) -2-
2. Continuing Effect of Agreement. Except as amended by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1 and this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
6. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: 34CDD52D-734A-4087-9996-BA41D69C66AB 01240.0001/1015820.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 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:
WEST COAST ARBORISTS, INC., a California
corporation
Name: Patrick Mahoney
Title: Chief Executive Officer
Email: [email protected]
Name: Richard Mahoney
Title: Secretary
Email: [email protected]
Address: 2200 E. Via Burton Street
Anaheim, California, 92806
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN.
Docusign Envelope ID: 34CDD52D-734A-4087-9996-BA41D69C66AB May 22, 2025 | 6:01 AM PDT
May 21, 2025 | 3:26 PM PDT
01240.0001/1015820.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I.B. For the period commencing on July 1, 2025, Contractor shall perform all work at the rates set forth below:
Docusign Envelope ID: 34CDD52D-734A-4087-9996-BA41D69C66AB 01240.0001/1015820.1
Docusign Envelope ID: 34CDD52D-734A-4087-9996-BA41D69C66AB DATE: June 9, 2025
TO: Honorable Mayor and City Council Members
FROM: Kathleen R. Sessman, City Clerk/Communications Director SUBJECT: Delivery of Supporting Documentation
Attached is the new attachment, D. Presentation, that is associated with Agenda Item #10 entitled, “Approval of Amendment No. 2 to the Public Works Agreement between West Coast Arborists, Inc. and the City of Glendora dated June 22, 2021 for Tree Trimming and Tree Maintenance Services in an Amount Not to Exceed $741,490 for FY 2025/26” for the June 10, 2025, City Council, Successor Agency, Housing and Public Financing Authority Meeting.
Copies are made available on the dais and to the public.
No other changes being requested.
CONSIDERATION OF AN AMENDMENT WITH WEST COAST
ARBORISTS FOR CONTINUED TREE TRIMMING & MAINTENANCE
PUBLIC WORKS
GLENDORA CITY COUNCIL
JUNE 10, 2025
VALERIE VELASQUEZ-SANTOYA, ASSISTANT PUBLIC WORKS DIRECTOR Attachment D. Presentation
BACKGROUND
West Coast Arborist (WCA): City Tree Trimming and Maintenance q Serving Glendora since 1999
q Current Original Agreement awarded June 22, 2021
• Initial 3-year term (through 2024)
• Annual cost at $567,000; total $1,701,000
• Two optional 1-year extensions
q Amendment No. 1 approved on July 9, 2024
• Extended term through June 30, 2025
• Increased cumulative costs from $1,701,000 to $2,422,490 • Annual Cost for FY2025: $721,490 (3.4% increase / CPI)
EXTENSION OF SERVICE
Amendment No. 2
q Second of two 1-year Options to Extend
q Extends term through June 2026
q Cost Increase: $2,422,490 to $3,163,980
• Extend service from 4 to 5 years
• FY26 Annual Cost: $741,490
Ø 3.11% increase (CPI)
Funding Source
Task Frequency Projected
Annual Cost
Grid Prune 5-Year Pruning
Cycle $219,840
Ficus Prune (Village) Annual $175,000
Palm Prune Bi-Annual $50,000
Bougainvillea Trimming Annual $13,340
Planting As Needed $23,320
Removals As Needed $110,000
General Labor & Other
Services As Needed $30,000
Emergency Response As Needed $50,000
Subtotal $671,500
Contingency $69,990
Total: $741,490
General Fund $642,040
Landscape Maintenance Dist. $15,600
Water Fund $13,860
$671,500
CONSIDERATIONS
§ WCA has served Glendora since 1999
§ High service quality and responsiveness
§ Expertise in urban forestry across CA and AZ
§ CPI Increase over the Contract Period from
2021 - 2025 is 21.45%; the Actual Increase
request is well below at 7.23%
RECOMMENDATION:
THAT THE CITY COUNCIL:
1. Approve Amendment No. 2 to the Agreement between West Coast Arborists and the City of Glendora for Tree Trimming and Tree Maintenance Service, increasing the authorized annual expenditure by an amount not to exceed $741,490 for FY2025/26, increasing the cumulative amount of the agreement to $3,163,980, and extending the term of the agreement through June 30, 2026; and
2. Authorize City Manager To Execute Amendment No. 2.
STAFF REPORT
TO: Mayor and Council Members DATE: June 10, 2025
FROM: Human Resources DISTRICT(S): Not Applicable
SUBJECT: Memorandum of Understanding between the City of Glendora and Glendora Police Officer Association (GPOA) for the three-year term of July 1, 2025, through June 30, 2028
RECOMMENDATION
That the City Council:
1. Waive full reading, read by title only and adopt a City Council Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING A 2025-2028 MEMORANDUM OF UNDERSTANDING (MOU) WITH THE GLENDORA POLICE OFFICERS ASSOCIATION;” and,
2. Authorize the City Manager to execute the agreement and any and all non-substantive changes to the draft Memorandum of Understanding.
STRATEGIC FOCUS AREAS
Goal 3: Enhance Employee Development and Retention (EEDR) Option
BACKGROUND
On June 14, 2022, the City Council approved a Tentative Agreement with the Glendora Police Officers Association (GPOA) for a three-year term ending June 30, 2025. In compliance with the Myers-Milias-Brown Act (MMBA), representatives from the City and the GPOA commenced negotiations toward a successor MOU. Both parties were able to come to a tentative successor agreement what will cover the period from July 1, 2025, through June 30, 2028. A summary of the negotiated changes is listed below.
GPOA informed the City on May 6, 2025, that their membership had voted to accept the proposed terms. This action tonight seeks City Council approval of those terms and conditions negotiated.
ANALYSIS
The following summarizes the changes to the provisions of the negotiated tentative agreement:
1. Contract Term
Three (3) year contract term: July 1, 2025, through June 30,2028.
2. Wages
Effective the first full payroll period commencing on or after:
July 1, 2025, base salaries to be increased by four percent (4%) COLA.
July 1, 2026, base salaries to be increased by four percent (4%) COLA.
July 1, 2027, base salaries to be increased by three percent (3%) COLA.
3. Cafeteria Plan
POA members will be allotted the following flexible benefits:
Effective the first full pay period after July 1, 2025, flex benefits will increase by $75 per month to $1,775 maximum.
Effective the first full pay period after January 1, 2026, flex benefits will increase by $75 per month to $1,850 maximum.
4. Retention Pay
Officers and Corporals shall retain 2.5% after regular assignments in Investigations, Traffic, Community Impact Team, School Resource Officer, and Canine Officer. The 2.5% retention is a maximum amount and will not be cumulative and will be calculated off base plus P.O.S.T. pay. Further, the 2.5% retention is not applicable if the member is re-assigned to any Special Assignment designation that receives a 5% pay increase.
5. POST Certificate and Education Incentive
Effective the first full payroll period commencing on or after July 1, 2025.
P.O.S.T. Certification pay shall be provided as follows for Employees who have qualified and applied for a P.O.S.T. Certification.
Intermediate Certificate will receive four percent (4%) additional compensation to their base salary.
Advanced Certificate will receive seven percent (7%) additional compensation to their base salary.
6. Field Training Officer Pay
Employees who are assigned as a Field Training Officer shall receive an additional five percent (5%) of base plus P.O.S.T pay for each hour only when they are assigned to and actively training.
7. Deferred Compensation – City Contribution
A deferred compensation match, up to $50 per pay period, maximum $1,200.00 annually.
FISCAL IMPACT
The total cost of the proposed MOU is projected at $3,174,006 for the total increases in wages and benefits for Glendora Police Officers Association employees over the three-year term. Funding is included in the proposed 2025- 2027 Two-Year Budget.
Year 1 Year 2 Year 3
Description Detail FY 2026 FY 2027 FY 2028 Total
Net Change Salary YoY Dollars 291,288 428,819 361,503 1,081,610 Percent 4% 6% 5%
Net Change Benefits YoYDollars 268,842 95,840 82,795 447,477 Percent 10% 3% 3%
Net Change YoY Dollars 560,130 524,659 444,299 1,529,087 Percent 6% 5% 4% 15%
Overall Costs Year 1 560,130 560,130 560,130
Year 2 524,659 524,659
Year 3 444,299
Total $ 560,130 $ 1,084,789 $ 1,529,087 $ 3,174,006
ENVIRONMENTAL DETERMINATION
Not Applicable.
Prepared By Jaclyn Brown, Human Resources Analyst
Concurs With Not Applicable
Reviewed By Marie Ricci, Deputy City Manager
Certified to Availability of
Funds
Kyle Johnson, Finance Director/City Treasurer
Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Glendora Police Officer Association Memorandum of Understanding B. Glendora Police Officer Association Salary Schedule
C. Resolution
Attachments
A. POA MOU 2025-2028_Final DRAFT.pdf
B. POA Salary Schedule 7-1-25 to 6-30-28.pdf
C. Resolution.pdf
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GLENDORA POLICE OFFICERS ASSOCIATION
AND
THE CITY OF GLENDORA
JULY 1, 2025 – JUNE 30, 2028
Approved by the Glendora City Council
on June 10, 2025
Resolution __25-_____________
2 GLENDORA POLICE OFFICERS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 2025 – JUNE 30, 2028
TABLE OF CONTENTS
ARTICLE 1 - PURPOSE .................................................................................................. 4 ARTICLE 2 - RECOGNITION .......................................................................................... 4 ARTICLE 3 - NONDISCRIMINATION .............................................................................. 4 ARTICLE 4 - CITY RIGHTS ............................................................................................. 4 ARTICLE 5 - GLENDORA POLICE OFFICERS ASSOCIATION RIGHTS ...................... 5 ARTICLE 6 - TERM/EFFECTIVE DATE .......................................................................... 6 ARTICLE 7 - NO STRIKE ................................................................................................ 6 ARTICLE 8 - HOURS ...................................................................................................... 6 ARTICLE 9 - WAGES .................................................................................................... 11 ARTICLE 10 – ADDITIONAL PAYS .............................................................................. 11 BILINGUAL COMPENSATION ........................................................................... 11 CANINE HANDLER……………………………………………………………………11
COMPENSATION FOR VEHICLE USE .............................................................. 12 EDUCATION PAY ............................................................................................... 12 POST CERTIFICATE PAY ................................................................................. 12 FIELD TRAINING OFFICER ............................................................................... 13 FOOTHILL SPECIAL ENFORCEMENT TEAM ................................................... 13 LONGEVITY PAY ............................................................................................... 13 RETENTION PAY……………………………………………………………………...13
SHIFT DIFFERENTIAL ....................................................................................... 14 SHOOTING BONUS ........................................................................................... 14 SPECIAL ASSIGNMENT PAY ............................................................................ 14 TEMPORARY ASSIGNMENT COMPENSATION ............................................... 14 UNIFORMS ......................................................................................................... 14 ARTICLE 11 – BENEFITS ............................................................................................. 15 BENEFIT PLAN .................................................................................................. 15 3 DEFERRED COMPENSATION .......................................................................... 17 HEALTH INSURANCE ........................................................................................ 17 HOLIDAYS .......................................................................................................... 18 LIFE INSURANCE .............................................................................................. 18 RETIREMENT..................................................................................................... 19 TUITION REIMBURSEMENT ............................................................................. 21 ARTICLE 12 - LEAVES ................................................................................................. 22 BEREAVEMENT LEAVE .................................................................................... 22 FAMILY AND MEDICAL LEAVE ACT ................................................................. 23 JURY DUTY ........................................................................................................ 23 PERSONAL EMERGENCY LEAVE & FAMILY ILLNESS LEAVE ...................... 23 PREGNANCY LEAVE ......................................................................................... 23 SICK LEAVE ACCRUAL ..................................................................................... 24 VACATION LEAVE ACCRUAL ........................................................................... 24 ARTICLE 13 - DUES DEDUCTION ............................................................................... 24 ARTICLE 14 - IRS SECTION 125 and 129 .................................................................... 25 ARTICLE 15 - MEAL RECEIPTS ................................................................................... 25 ARTICLE 16 - MEDICARE ............................................................................................ 25 ARTICLE 17 - RESIDENCY REQUIREMENT ............................................................... 25 ARTICLE18 - MANAGEMENT AUTHORITY ................................................................. 25 ARTICLE 19 - SAVINGS CLAUSE ................................................................................ 26 ARTICLE 20 - PERSONNEL RULE 9.0 PRE-DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURE ................................................................................................................ 26
4 MEMORANDUM OF UNDERSTANDING
BETWEEN
GLENDORA POLICE OFFICERS ASSOCIATION & THE CITY OF GLENDORA THREE YEAR TERM: JULY 1, 2025 – JUNE 30, 2028
ARTICLE 1 - PURPOSE
It is the purpose of this Memorandum of Understanding to set forth the full and entire understanding of the parties reached as a result of good faith negotiations regarding the wages, hours and other terms and conditions of employment of the employees covered hereby which understanding the parties intend jointly to submit and recommend for approval and implementation to Glendora City Council. It is agreed this Memorandum of Understanding shall not be binding upon the parties unless and until said Glendora City Council acts, by majority vote, formally to approve said Memorandum of Understanding.
ARTICLE 2 - RECOGNITION
Pursuant to the provisions of the City's Employee Relations Resolution, the City of Glendora hereby recognizes the Glendora Police Officers Association (“Association”) as the certified bargaining representative for those employees in the classification of Police Officer and Police Corporal.
ARTICLE 3 - NONDISCRIMINATION
A. The Association and the City recognize and agree to protect the rights of all employees to join and/or participate in protected Association activities or to refrain from joining or participating in Association activities.
B. The Association and the City agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, sexual orientation, political or religious opinions or affiliations and shall act affirmatively to accomplish equal employment opportunities for all employees. The Association and the City shall reopen any provision of this Agreement for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal antidiscrimination laws.
ARTICLE 4 - CITY RIGHTS
It is understood that all rights, powers and authority possessed by the City prior to the execution of the Agreement are retained by the City and remain exclusively and without limitation within the rights of the City. Such rights include, but are not limited to, determinations as to appropriate levels of service; consideration of the merits, necessity, or organization of any service; determining the missions of its constituent departments; 5 setting standards of service; determining manning requirements; assigning and approving overtime; determining the procedures and standard of selection for employment and promotion; directing its employees; contracting for any work or operation; determining the number and location of work stations; determining employee performance standards, including but not limited to, quality and quantity standards; determining the methods, means and personnel by which government operations are to be conducted; determining the content of job classifications; taking disciplinary action up to and including discharge for cause; relieving employees from duty because of lack of work or other economic reasons; taking all necessary actions to carry out its missions in emergencies, including the determination of whether or not an emergency exists; exercising control and discretion over its organization and the technology of performing its work, and establishing reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services.
ARTICLE 5 - GLENDORA POLICE OFFICERS ASSOCIATION RIGHTS It is understood and agreed that the Association has the right to:
A. Represent unit members at meet and confer sessions with Management representatives regarding wages, hours, and other terms and conditions of employment as the certified bargaining representative.
B. Inspect an employee's personnel file by appointment at a reasonable time, during normal business hours, provided the employee is present. The Association may not inspect background investigation material obtained from other employers upon which the hiring decision was made.
C. Use City facilities for membership meetings and conferences upon reasonable advance notice to the appropriate City official, subject to applicable City regulations and availability. No Association meetings to interview and/or to endorse political candidates will be held within the Police Department, or the Glendora City Hall building including the City Council chambers. Association may book and use other City facilities for such political purposes subject to the required facility use and insurance rules, and City will waive any applicable rental fees.
However, Association meetings that are not utilized to interview and/or to endorse political candidates may be held at the Police Department, City Hall or other City facilities, subject to the facility use being pre-approved and availability, but without showing of insurance or payment of rental fees, unless rental fees are imposed upon the City for use of the facility. The Association shall pay any such rental fees. 6 ARTICLE 6 - TERM/EFFECTIVE DATE
The term of this Memorandum of Understanding (MOU) shall commence on July 1, 2025 and shall supersede any other agreement in effect at that time. This MOU shall expire and otherwise be fully terminated at 12 midnight on June 30, 2028. This MOU shall apply to the Association members on the City’s payroll as of the date of adoption of this MOU by the City Council.
ARTICLE 7 - NO STRIKE
A. It is agreed and understood that there will be no concerted strike, sympathy strike, work stoppage, slowdown, obstructive picketing, or concerted refusal or failure to fully and faithfully perform job functions and responsibilities, or other concerted interference with the operations of the City by the Association or by its employees, agents, or members during the term of this Agreement. Compliance with the request of other labor organizations to engage in such activities is included in the prohibition.
B. The Association recognizes the duty and obligation of its representatives to comply with the provisions of the Agreement and to make every effort toward inducing its members not to strike or participate in a sympathy strike, work stoppage, slowdown, or obstructive picketing. The Association agrees in good faith to actively take affirmative action to cause those employees to cease such action.
C. It is agreed and understood that any employee concertedly violating this article may be subject to disciplinary action, up to and including discharge.
D. The expiration or violation of this Agreement shall not prejudice the City's right to assert the illegality of any such activities mentioned above if engaged in by the Association or employees.
ARTICLE 8 - HOURS
A. Definitions
1. The work period for employees covered by this MOU will be 160 hours in a 28-day work period as defined below:
a. Employees working patrol will work three (3) consecutive 12 1/3-hour days with some employees working four (4) 10-hour days.
Employees working 12 1/3-hour days will be required to work one additional 12-hour day in the 28-day work period. Employees will be entitled to a meal break during duty hours.
b. If the above schedule fails to meet the needs of the department, the Chief of Police has the right to change the patrol schedule to one of 7 the following: a team 3-12 schedule with some 4–10-hour shifts or a 4-10 schedule with some 5–8-hour shifts. The Chief of Police will meet and confer with the Association prior to changing the schedule.
Any changes in the department wide schedule will not take place without a 30-day notice. Except by mutual agreement between the employee and Chief of Police.
c. Employees working in the Traffic Unit will work a 4-10 schedule. d. Employees working in the Detective Bureau will receive a 30-minute paid lunch period included in their assigned workday. They may also take another 30-minute meal break that is uncompensated. e. Employees working in any other unit will work 8-, 9- or 10-hour days.
Employees working these details may take up to an hour of uncompensated time for meal breaks.
f. Disaster Shift Schedule: Patrol employees will be assigned 12 hours on/12 hours off. Some employees may be assigned to overlap shifts of 8 or 10 hours as needed to properly staff and manage the emergency. This deployment will be discontinued once the disaster has been controlled and the City returns to normal operations.
2. Overtime increments
In compliance with FLSA, the minimum timekeeping interval shall be 15 minutes. Periods of time of seven (7) minutes or less shall be rounded down, and periods of time of eight (8) minutes or more shall be rounded up.
3. Compensatory Time
Compensatory time off, hereinafter referred to as "CTO", may be awarded in lieu of overtime pay in every category of overtime described in this order, except as provided.
B. Rules Governing Overtime
1. Supervisorial Authority
A supervisory officer shall have the authority to exercise control over a subordinate's work hours for the purpose of assuring adequate staffing to meet Department needs. A supervisor may award CTO instead of paid overtime, provided that the supervisor shall notify the subordinate in advance and comply with the Fair Labor Standards Act.
8 2. Accumulation of CTO
No officer may accumulate more than 100 hours of CTO. All time accumulated above 100 hours shall be compensated for by pay each pay period during the year. At the first pay period that begins in June, all CTO above 40 hours will be paid at the current rate of pay. Should the employee elect to retain a lesser amount of CTO carryover hours, he/she may do so by notifying the Finance Director.
C. Compensation Schedule
1. Time and One-Half Compensation
Employees shall be paid time and one-half their regular rate of pay for hours worked in excess of the regularly scheduled work shift as set forth herein. a. Call-Out (Minimum: 2 hours)
A call-out occurs when employees are called to work by a supervisor, provided that the time worked does not immediately precede or follow a regularly scheduled shift.
b. Court Appearance
Employees required to make the following court appearances pursuant to a subpoena shall be compensated for a minimum of three (3) hours plus actual total additional time in excess of three (3) hours while in court and/or traveling. (For example, 1 hour of court appearance and 1 hour of travel, results in 3 hours of compensation.
Three hours of court appearance and two hours of travel, results in five (5) hours of compensation.)
This applies to employees who are required to make an appearance in court in answer to a subpoena involving a criminal case, or to an administrative hearing involving the City of Glendora, where the employee is subpoenaed by the City or ordered by the City to attend.
This "court appearance" provision shall also apply to employees subpoenaed to an administrative hearing by a City employee, but only in those instances where, in the sole discretion of the Chief of Police, there does not reasonably appear to be an abuse of process by the employee which reasonably appears to be related to creating inconvenience, overtime or other expenses to the Department, unrelated to necessities for production of evidence at the hearing.
It is the responsibility of each officer to inform his supervisor of the actual time involved. It is not necessary for off-duty employees to start from the police facility or to return to it immediately upon leaving court.
9 c. Special Event Assignment (Minimum: 2 hours)
This section applies to employees who are assigned to special events in the City of Glendora, regardless of whether such duty immediately precedes or follows a regularly assigned shift. d. Extended Shift and Shift Shortage (Minimum: 1 hour)
Employees who are assigned to work either immediately before or after their regularly assigned shift are considered to have worked an extended shift.
e. Academy Instruction and Presentations (Minimum: 2 hours) Off duty employees who teach a class at a Department-sponsored academy or who make crime prevention speeches or other public presentations shall be compensated at time and one-half. f. Range Attendance (Minimum: 2 hours)
Employees are required to attend the range and shall attend during on-duty hours whenever possible. Employees may attend the range off-duty with prior supervisor approval. Employees who attend the range during their off-duty time with prior supervisor approval will receive overtime compensation.
g. Special Duty (Minimum: 3 hours)
Special Duty is when the City of Glendora, an organization or individual contracts and pays for police services such as sporting events, dances, special events, movie or television production, etc.
Special duty may not be taken as CTO. Special duty will be filled on a voluntary basis whenever possible; however, a supervisor shall have the authority to assign Employees as necessary to provide coverage.
h. Inspections, Station Meetings, FTO Meetings (Minimum: 2 hours) i. Field Training Officers Late Reports with Trainees (No minimum) Field Training Officers who must remain with their trainees at the end of a regularly assigned shift as a result of an incident requiring a report or booking will be paid time as provided in 8-A-2. k. Training and Travel (No Minimum)
10 Employees assigned to training will attend and travel on-duty whenever possible by administratively adjusting their regular work shift(s) accordingly. Employees will not be required to use leave time to attend or travel to training assigned by the department.
Employees assigned to training off-duty will receive hour for hour overtime for time actually spent in training. If the training is off-site, employees will receive one-hour minimum travel time and hour for hour thereafter for additional time spent traveling to and from training, if the employee's work hours cannot be adjusted to cover travel to and from training. Will receive actual time traveled, with a minimum of one hour.
Employees who request non-assigned training are subject to the discretionary approval of the Chief of Police for compensation.
I. Late Reports (No minimum)
Supervisors shall estimate the amount of time necessary for a skilled officer to complete a late report or booking, which occur at or near the end of the officer's assigned shift and approve overtime for these duties on that basis. Barring unforeseen circumstances, an officer will only be compensated for this estimated time. m. Background Investigations and Administrative Projects (No minimum)
Employees who are assigned to conduct background investigations or to complete other administrative projects.
n. Extradition
If extradition is conducted during the normal workweek, the Employee's hours will be adjusted whenever possible. If extradition duties are conducted off-duty, compensation will be hour for hour worked to a maximum of 12 hours per 24-hour day.
2. On-Call Compensation
All CTO referred to in this section will be at straight time and a. Employees who have been subpoenaed into court on an "on-call" status shall receive two hours CTO for all time spent on-call prior to 12:30 p.m., and two hours CTO for all time spent on call after 12:30 p.m. Employees who are working any portion of the morning or 11 afternoon when they are on-call shall not be eligible for on-call compensation.
b. Employees who are designated as the investigator on-call for a week shall receive four hours pay for being on call each Saturday, Sunday, or holiday.
D. Days/Hours
Any reference to "day" in this or any other section of the MOU shall be changed to the hourly equivalent of eight (8) hours.
ARTICLE 9 — WAGES
A. Effective the first full payroll period commencing on or after:
a) July 1, 2025, base salaries to be increased by four percent (4%) COLA. b) July 1, 2026, base salaries to be increased by four percent (4%) COLA. c) July 1, 2027, base salaries to be increased by three percent (3%) COLA.
B. Any employee represented by this bargaining unit hired after October 4, 2011, shall be eligible for salary step 2 (i.e., B) upon completion of twelve (12) months of employment and for continued satisfactory and efficient service and continued improvement in the effective performance of the duties of the position. All remaining personnel rule conditions precedent to advancement to salary step 2 (i.e., B) shall remain unchanged.
C. Appointment or Promotion to Corporal
An Officer appointed or promoted to Corporal will be eligible for a salary step increase upon successful completion of their probationary period. The Corporal will be eligible for step increases annually thereafter until top step is reached.
ARTICLE 10 – ADDITIONAL PAYS
A. BILINGUAL COMPENSATION
The City has sole and exclusive right to determine which employees, and how many employees, are eligible to receive bilingual pay of $150.00 per month. Designated employees will be required to speak and/or write fluent Spanish or other languages as designed by the City based on community needs. The City shall administer a competency test to certify fluency in the designated languages. Such certification shall be a condition prior to qualifying for bilingual pay.
B. CANINE HANDLER
This performance pay is compensation for the extra work hours required to maintain the City owned canine at the officer's residence, including but not limited to: grooming, 12 feeding, transportation and clean-up. The Officer assigned to canine handler duty will not be required to work the additional 12-hour day per 28-day work period (Payback Day) but will receive the 12-hour compensation for that workday. This stipend represents a good faith estimate by POA and the City as to the average amount of time that canine officers devote to animal care.
C. COMPENSATION FOR VEHICLE PAY
Employees who are required to use their personal vehicle on City business will be reimbursed at the current IRS rate per mile.
D. EDUCATION PAY
Members with a BA or BS degree will receive 3.0% additional pay and Members with a MA or MS degree will receive 5.5% in additional pay. Education pay is not cumulative and is calculated on the sum of Base Salary and P.O.S.T. Certificate pay.
E. P.O.S.T. CERTIFICATE PAY
1. Effective the first full payroll period commencing on or after July 1, 2025 P.O.S.T.
Certification pay shall be provided as follows for Employees who have qualified and applied for a P.O.S.T. Certification.
a. Intermediate Certificate will receive four percent (4%) additional compensation to their base salary.
b. Advanced Certificate will receive seven percent (7%) additional compensation to their base salary.
c. In any case where POST rejects the certificate application, the employee shall reimburse the City for all certificate-related amounts previously paid, in the same monthly amount as were the certificate benefits. It remains the individual employee's responsibility to remedy/challenge a POST determination rejecting issuance of a certificate. If and when such rejection is reversed by POST, then the City shall reimburse the employee for certificate-amounts that have been withheld. Said reimbursement shall be made in one lump sum. However, the parties agree that there shall be no retroactive recalculation of overtime payments that would have been affected had the employee at all times been receiving the certificate payments. However, where certificate payments have been made and overtime calculated upon said amounts, with POST thereafter rejecting issuance of the certificate, the employee shall not be required to reimburse the City for overtime amounts impacted solely by certificate pay. 13 F. FIELD TRAINING OFFICER
Definition: A Field Training Officer is an officer who is qualified to, and has, one or more trainees assigned to them for training and actually provides formal training to the trainee(s).
Compensation: Officers who are assigned as a Field Training Officer shall receive an additional five percent (5%) of base plus P.O.S.T pay for each hour only when they are assigned a trainee and actively training.
Training is an integral part of the Corporal's responsibility; therefore, Corporals are not eligible for Field Training Officer pay.
G. FOOTHILLS SPECIAL ENFORCEMENT TEAM
Employees assigned to the Foothills Special Enforcement Team (F.S.E.T.) are required to maintain top physical condition Physical qualification course takes place annually during the third training trimester in months of September, October, or November. Employees who do not pass the test on the first attempt will have one additional attempt on the remediation The results of the Physical Agility Test will be submitted to the Human Resources Division prior to November 15th of the test year.
Employees receiving a passing score as determined by the Los Angeles County Sherriff’s Department standard shall receive $ 150.00 per month. FSET pay will be provided to employees who successfully pass the FSET physical agility test by the FSETs Chiefs’ Board.
H. LONGEVITY PAY
Effective the first full payroll period commencing on or after July 1, 2022, currently employed members who have completed, regular, continuous, full-time years of service with the City may receive longevity pay as follows:
a. Five (5) years - two hundred dollars ($200) per month. b. Ten (10) years - three hundred dollars ($300) per month. c. Fifteen (15) years - four hundred dollars ($400) per month. “Continuous” shall include all periods of continuous service with the City as Police Cadet, Reserve Police Officer, and full-time sworn police officer with the City.
I. RETENTION PAY
Employees shall retain 2.5% after regular assignment in Investigations, Task Force, Traffic, Community Impact Team, School Resource Officer, and Canine Handler.
The 2.5% retention is a maximum amount, will not be cumulative and will be calculated on the sum of Base Salary and P.O.S.T Certificate Pay. Further, the 2.5% retention is not applicable if the member is re-assigned to any Special Assignment designation that receives a 5% pay increase
14 J. SHIFT DIFFERENTIAL
2.5% pay for staff assigned to patrol working the 5:10 p.m. to 5:30 a.m. will be calculated on the sum of Base Salary and P.O.S.T Certificate Pay.
K. SHOOTING BONUS
Members with range scores of an average of 290 or more over the course of the calendar year (January through November), with validation from the range master, will be eligible to receive a one-time bonus of $750.00 payable the first full pay period of December in each fiscal year.
L. SPECIAL ASSIGNMENT PAY
Employees regularly assigned to the Community Impact Team, Investigations Division, Task Force, School Resource Officer, Traffic, Canine Handler, or any other special assignment team approved by the Chief of Police, shall receive additional salary compensation of 5%, calculated on the sum of Base Salary and P.O.S.T.
Certificate Pay. Employees assigned to positions for as collateral duty, limited training period, or as a temporary light-duty assignment shall not receive Special Assignment Pay.
M. TEMPORARY ASSIGNMENT COMPENSATION
An employee working in a higher assignment or rank for a period exceeding thirty (30) consecutive calendar days shall receive additional temporary compensation of $260 per month when assigned. If the employee works in the temporary assignment for less than a month, after having completed the thirty (30) consecutive calendar day period, the $260 shall be prorated. Any break in consecutive days of temporary assignment, shall cause the 30-day waiting period to recommence. Temporary assignment compensation shall be distributed in the payroll period during which time the temporary assignment occurred. The thirty (30) calendar day waiting period shall not be compensated for.
N. UNIFORMS
The City will pay employees covered under this Memorandum of Understanding an annual uniform allowance of $1,050.00 paid in equal installments through the City’s payroll process, provided each employee purchases and maintains the uniform and safety equipment designated by the Chief of Police and which is currently listed in Police Department Lexipol Policy 1023. New employees shall be provided uniforms and equipment as designated in Police Department Lexipol Policy 1023 and will not be eligible to receive a uniform allowance check until the second year of employment.
Safety equipment damaged in the line of duty will be repaired or replaced at city expense with the approval of the Chief of Police or his/her designee. 15 Department Lexipol Policy 1023 will be modified to specify a Training/Utility uniform to be maintained by employee.
The first issue of this uniform will be purchased by the City. Future purchases and maintenance will be the responsibility of each employee. This stipend represents a good faith estimate by POA and the City as to the average cost to maintain and purchase uniforms.
ARTICLE 11 – BENEFITS
A. BENEFIT PLAN:
1. Effective the first full payroll period commencing on or after July 1, 2025, employees are allotted a flexible benefit amount of $1,775.00 per month as outlined in section A (3).
2. Effective the first full payroll period commencing on or after January 1, 2026, employees are allotted a flexible benefit amount of $1,850.00 per month as outlined in section A (3).
3. Allocation of Benefits
a. Flexible Benefit for Employees hired before January 1, 2018 i. The employee will designate how the flexible benefit amount (with the exception of the Employer Contribution) will be allocated for medical insurance, dental insurance, dependent vision coverage, additional life insurance, deferred
compensation, cash, subject to the following provisions:
1. Employees may direct flexible benefit amounts to City designated medical plans in addition to the Employer
Contribution. To the extent any premium exceeds the
aggregate amount of the Employer Contribution plus
any flexible benefit amount the employee may direct
toward premiums, the employee will pay the additional
cost.
2. Employees may use flexible benefit amounts to
purchase coverage for City dental and/or vision plans.
If the premium exceeds the flexible benefit amount the
employee will pay the additional cost.
3. Employees may use flexible benefit amounts toward
the purchase of additional life insurance to a maximum
of $500,000- or 5-times annual salary, whichever is
less, subject to the terms and conditions of the
insurance policy.
16 4. Employees may use flexible benefit amounts to
participate, up to the maximum amount allowed by law,
in a City provided deferred compensation plan.
(Participation is not limited to flexible benefit funds.)
5. Any amounts in excess of $930 per month shall not be convertible to cash.
a. As long as the employee has enrolled in a City
health plan or has presented proof of enrollment
in alternative group health coverage, unless
otherwise required by PERS or the I.R.S. Any
flexible benefit amount taken as cash shall be
made as a direct payment subject to state and
federal taxable deductions. The flexible benefit
amount may not be used to reimburse an
employee for any premium expenses an
employee may incur for an individual health
insurance policy, including a policy purchased
through Covered California.
b. Flexible Benefit for Employees hired after January 1, 2018 i. The employee will designate how the flexible benefit amount (with the exception of the Employer Contribution) will be allocated for medical insurance, dental insurance, dependent vision coverage, or additional life insurance, subject to the following provisions:
1. Employees may direct flexible benefit amounts to City designated medical plans in addition to the Employer
Contribution. To the extent any premium exceeds the
aggregate amount of the Employer Contribution plus
any flexible benefit amount the employee may direct
toward premiums, the employee will pay the additional
cost.
2. Employees may use flexible benefit amounts to
purchase coverage for City dental and/or vision plans.
If the premium exceeds the flexible benefit amount the
employee will pay the additional cost.
3. Employees may use flexible benefit amounts toward
the purchase of additional life insurance to a maximum
of $500,000- or 5-times annual salary, whichever is
17 less, subject to the terms and conditions of the
insurance policy.
4. Employees may not use any amount of flexible benefit toward deferred compensation and is not convertible to
cash.
B. DEFERRED COMPENSATION
1. Employees covered by this MOU may participate in the City’s deferred compensation plan up to the maximum amount allowed by law.
2. The city will match up to $50 per pay period, maximum $1,200.00 annually.
C. HEALTH INSURANCE
1. Dental Insurance
It is mandatory for employees to enroll in the City's designated dental plan and pay the premium unless during the annual open enrollment period, the employee provides a written waiver and documentation confirming that s/he is enrolled in an alternative dental health plan. Dependent coverage is optional and at the employee’s cost.
2. Medical Insurance
Employer Contribution to Health Insurance: The City contributes and will continue to contribute a monthly amount equal to the Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum towards the cost of any City offered medical plan. This amount cannot be taken as cash or allocated for any purpose other than City offered medical insurance. Any GPOA member that opts out of the City offered medical insurance is not entitled to this amount.
a. Plans Offered: The City will maintain its contract with PERS to provide coverage under the Public Employees' Medical and Hospital Care Act. Annuitants may participate at their cost subject to PERS regulations.
b. Circumstances Under Which an Employee May opt Out of City Coverage:
An employee is required to carry one of the City's designated medical plans unless he or she opts out. An employee may opt out of the City's designated medical plans during the annual open enrollment period by signing a waiver each year. If the employee provides a 18 signed waiver and documentation confirming that he/she is enrolled in an alternative group health plan that satisfies the Patient Protection and Affordable Care Act’s (ACA) group health plan mandates, that employee will also be entitled to the flexible benefit.
Any employee who opts out of the City’s offered health insurance is not entitled to the employer contribution referenced above but may use the flexible benefit amount as described above as long as they have provided proof of enrollment in an alternative group health plan.
3. Vision Insurance
It is mandatory for employees to enroll in the City's designated vision plan.
The City will pay the employee's portion of the Vision Plan cost. Dependent coverage is optional and at the employee’s cost.
D. HOLIDAYS
There shall be twelve (12) paid holidays for full-time employees covered by this Agreement. These holidays shall be:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day
New Year’s Eve Day
When a holiday falls on Saturday, the preceding Friday shall be observed, and when a holiday falls on a Sunday, the following Monday shall be observed for eligible employees such as non-patrol sworn personnel.
In lieu of such holidays, individuals assigned to patrol shall receive 3.69 hours "holiday pay" per pay period.
E. LIFE INSURANCE
The City shall provide a one hundred-thousand-dollar ($100,000) life insurance policy for each full-time employee represented by the Glendora Police Officers Association. The parties understand that all or part of the premium paid by the City for the increased life insurance coverage, are mandated by the I.R.S. as being taxable income to the employee.
19 F. RETIREMENT
1. Retirement Formula
a. The City of Glendora is a contracting agency of the State Public Employees Retirement System (CalPERS). Full-time Police Officers and Police Corporals, unless otherwise exempted, become members immediately upon appointment.
The City of Glendora has a three-tier safety retirement plan as follows:
Tier 1
Three percent (3%) at 50 formula for employees hired on or before October 15, 2012.
The employee pays one hundred percent (100%) of the mandated CalPERS member contribution, which is nine percent (9%) of compensation.
Tier 2
Two percent (2%) at 50 formula for employees hired after October 15, 2012, and for employees hired on or after January 1, 2013, who are considered "Classic Members" by CaIPERS under PEPRA.
The employee pays one hundred percent (100%) of the mandated CaIPERS member contribution, which is nine percent (9%) of compensation.
Tier 3
Two-point seven percent (2.7%) at 57 formula for employees hired on or after January 1, 2013, that meet the definition of "New Member" under PEPRA.
The employee pays one hundred percent (100%) of the mandated CaIPERS member contribution, which is equal to fifty percent (50%) of the normal cost as calculated annually by CaIPERS.
The City amended its contract with CalPERS, to become effective the first pay period beginning in July 2004, to add Section 21024, "Military Service Credit as Public Service. Note: Employee opting under Section 21024 is to be responsible for payment to CalPERS for any employee "catch up" contributions owed to CalPERS.
2. Unused Sick Leave Credit
The City shall contract with CalPERS to provide the unused sick leave credit (Section 20965).
20 3. Final Retirement Compensation
The City shall maintain contract with CalPERS to retain "single highest year retirement compensation" formula (Retirement law Section 20042) for Tier 1 employees (3% at 50 formula).
Tier 2 employees (2% at 50 formula) and Tier 3 employees (2.7% at 57 formula) are subject to a "final compensation" determination based on the highest average annual compensation earnable by a CalPERS member during the three consecutive years/'three highest years" (30 months) of employment immediately preceding the effective date of the member's retirement.
4. 1959 Survivor Benefit Program
The City shall contract with the CalPERS to provide 1959 survivor benefit coverage to the fourth level of coverage. The cost is paid by employees to a maximum of $5 per month.
5. Retiree Health Insurance
The City pays and will continue to pay the current minimum employer contribution for retiree medical insurance as required by PEMHCA towards the cost of any City designated PERS retiree medical plan.
In recognition of increased medical insurance costs for retirees, in addition to the employer contribution described above, a supplemental reimbursement payment will be paid to Officers or Corporals who retire from their employment with the City of Glendora after September 16, 1996, by taking a regular service retirement in accordance with PERS and PEMHCA requirements, provided the officer has a minimum of 20 years of service as a California Peace Officer with a minimum of ten years of service as a Glendora Police Officer under the following terms and conditions.
The supplemental reimbursement payment will be for medical insurance premium costs incurred for the retiree, reimbursed quarterly upon submittal quarterly of proof of retiree incurred medical insurance coverage and costs of coverage, to age 65. Effective January 1, 2004, the City supplemental reimbursement will only be allowed for actual out-of-pocket medical insurance premium expenses incurred by the covered retiree up to $200 with proof of payment. For eligible retirees currently, or in the future, enrolled in one of the CaIPERS authorized health plans and reported monthly to the City as enrolled, the City will waive the requirement for proof of coverage and automatically reimburse the retiree on a quarterly basis.
The quarterly payments shall be subject to withholding tax and other deductions required by law. If the State and/or Federal governments enact 21 legislation to require the employer to pay toward retiree's medical insurance an amount equal to or greater than the above supplemental payment, this payment shall cease. If such legislation requires the employer to pay a lesser amount, the supplemental payment shall be reduced by that amount.
Previous supplemental health insurance payments benefiting past retirees will not change (i.e., Employees retiring from September 16, 1996 through August 31, 2002, will receive $120 per month; Employees retiring after August 31, 2002 through December 30, 2003, will receive $150 per month, all subject to the provisions above).
6. The City will contract with CalPERS to include Sections 21266 and 21373 allowing surviving spouses to continue to receive benefits after remarriage.
All employee funding of employee retirement contributions shall be pursuant to Government Code section 20691.
G. TUITION REIMBURSEMENT
1. All non-probationary employees of the City shall be eligible for the tuition reimbursement program for courses of study or training taken at an Accredited College or University, directly related to the job or for preparing for future promotions within the City, subject to the limitations and provisions as described below: (Nonetheless, in the event of provision of tuition reimbursement on a Citywide basis resulting in the necessity of either a General Fund deficit or in the transfer into the General Fund of revenues from other sources, the tuition reimbursement provision shall be suspended until a deficit no longer exists, and any external funding source has been reimbursed for its transfer into the General Fund. However, in any instance where precourse enrollment authorization to participate in the tuition reimbursement program was provided, a subsequent General Fund deficit as described herein, shall not impact eligibility of such an employee to receive the tuition reimbursement benefits set forth in this Article, but only for the particular unit(s) for which authorized enrollment was granted prior to incurring of the budgetary shortfall.)
2. All course work must be personally attended by the employee at a California Community College or a non-profit California Institution of Higher Learning.
With the approval of the Department Head and the City Manager, on-line courses of instruction offered by a California Community College or California State College or University may be substituted in lieu of personal attendance in a classroom.
3. Each eligible employee shall obtain approval from his department head and City Manager for his/her course of study a minimum of two weeks prior to 22 enrollment. Approval must be obtained for place of education, course of study, time of completion and a total estimated cost to the City for the course or course anticipated. Re-approval must be obtained for each change in course or place of education. Maximum costs for tuition taken each year under this program shall be reimbursed for actual out-of-pocket costs incurred, based on the current cost of one academic year's undergraduate tuition (or portion thereof), at Cal Poly Pomona. The City, for the purposes of maximum reimbursement to employees, will view the academic year as September through August and will reimburse tuition at an amount not to exceed the cost of an academic year for
6.1 or more undergraduate units taken at Cal Poly Pomona, as shown on the State University Fee Schedule.
4. Reimbursement shall be limited to tuition costs only. There shall be no reimbursement for books and/or fees. Tuition reimbursement eligibility shall apply only to expenditures at State of California accredited community colleges and universities, or at State of California accredited private not for profit institutions. On-line or other home-study courses and institutions shall not be eligible for reimbursement unless they are from California colleges and universities.
5. The employee shall be reimbursed by the City, upon successful course completion and, upon submittal of verified receipts of pre-payment by the employee of all costs related to the program. Such costs shall include tuition only.
6. In order to receive reimbursement from the City for the course of study, the employee must complete the course with a minimum "C" or passing "credit" for classes without letter grades for each class taken within the time set forth, except for reasons of death, disability, involuntary service in the Armed Forces, or involuntary termination of employment.
7. If the employee voluntarily terminates his/her employment with the City within one year after completion of his/her course of study, the employee shall be required to repay to the City all sums expended in his/her behalf for the educational program during the one year prior to his/her termination, except that he/she will receive credit on the basis of one-twelfth (1/12) of the cost each month that he/she worked after completion of the course.
ARTICLE 12 – LEAVES
A. BEREAVEMENT LEAVE
If there is a death in the immediate family, including grandparents of the employee or spouse, as defined under Section 10.8 of the Personnel Rules, a full-time officer (including Probationary employees) shall be allowed leave of absence to attend to family needs for up to 40 hours with full pay.
23 B. FAMILY MEDICAL LEAVE ACT
Employees shall be eligible for family and medical leave to the extent mandated by Federal and State Law and may use Personal Emergency Leave in such situations as provided under Section D. (See City of Glendora Administrative Policy No. 6.11).
In accordance with City Administrative Policy 6.11 FMLA, when an employee is eligible for and requests FMLA leave, or when the City acquires knowledge that an employee's leave is for an FMLA qualifying reason, the City shall require the employee to use paid accrued leave concurrently with FMLA qualifying leave. However, the City shall not require employees to use sick leave when leave is taken for an ill family member. FMLA will not commence during the period of time an employee is on 4850 medical leave.
C. JURY DUTY
When required to serve on jury duty, an employee shall be assigned to a day shift or day watch and shall receive regular compensation pursuant to the City Personnel Rules, provided the employee has applied for a jury duty exemption for their Jury Duty.
D. PERSONAL EMERGENCY AND FAMILY ILLNESS LEAVE
1. Personal Emergency Leave
Employees who have at least one hundred forty-four (144) accumulated hours of sick leave on record may, with department head approval, use up to forty (40) hours of sick leave as "Personal Emergency Leave" per 12-month period commencing the last pay period in the month of December. Personal emergency leave may include such situations as lawyers and doctor appointments, driver license renewal, home repair appointments, domestic situations not involving family illness requiring personal immediate attention, and business appointments which normally cannot be done at other non-work times. It is not intended to be used to extend vacation time.
2. Family Illness Leave
Subject to the provisions of this MOU, the City Personnel Rules, and Section 233 of the California Labor Code, employees may use up to 48 hours of his/her annually accrued earned sick leave every year annually to attend to the illness of a family member child, parent, spouse, or registered domestic partner of the employee as defined under applicable law.
E. PREGNANCY LEAVE
City shall administer employee pregnancy leaves in accordance with Federal and State Laws.
24 F. SICK LEAVE ACCRUAL
Sick leave for full-time employees is accumulated at the rate of eight (8) hours for each full month of employment on an unlimited basis.
G. VACATION ACCRUAL
All eligible full-time employees earn vacation credits at the rate of eight (8) hours per month. After completion of five (5) years of service, sworn employees will receive increased vacation hours accrued at a fraction each pay period. The table below shows the number of hours of vacation relative to years of service.
Beginning of Year Hours of Vacation
6 120
7 128
8 136
9 144
10 152
13 160
16 168
Employees with 1-15 years of service will stop accruing vacation leave if they have more than 160 working hours of vacation leave at the time of the first pay period that ends in January of each year. Only under special situations may more than 160 hours be carried over to the next calendar year and then only with the consent of the City Manager and the Chief of Police. If an employee has more than 160 hours of vacation leave at the end of the calendar year, the employee shall cease accruing vacation leave until the employee no longer has hours in excess of 160. If the City Manager and the department head agree to carry over hours in excess of 160 hours, this will not affect the employee's ability to accrue additional hours as vacation leave.
Employees with 16 years or more of service will stop accruing vacation leave if they have more than 168 working hours of vacation leave at the time of the first pay period that ends in January of each year. Only under special situations may more than 168 hours be carried over to the next calendar year and then only with the consent of the City Manager and the Chief of Police. If an employee has more than 168 hours of vacation leave at the end of the calendar year, the employee shall cease accruing vacation leave until the employee no longer has hours in excess of 168. If the City Manager and the department head agree to carry over hours in excess of 168 hours, this will not affect the employee’s ability to accrue additional hours as vacation leave.
ARTICLE 13 – DUES DEDUCTION
Upon written authorization by each Member, the City shall, on behalf of the Association, deduct monthly association dues from the Members’ salary. 25 ARTICLE 14 – IRS SECTION 125 and 129
City will maintain the IRS Section 125 and Section 129 plans to allow employees within this group the option to set aside pretax salary for excess premium costs for health, dental, and vision insurance and other eligible costs, with the understanding that if a third party administrator is retained, any service or administration fees will be employee costs and with the added condition that the Finance Division can accommodate implementation without additional administrative burden. The City retains the right to select and change the third-party administrator as necessary.
ARTICLE 15 – MEAL RECEIPTS
Travel and meal reimbursement shall be in the amount allowed by and subject to the conditions of City of Glendora Administrative Policy No. 3.08. No meal receipts shall be required unless required by a third-party funding agency or exceed the Per Diem amount allowed by City policy. If meal reimbursement is deemed taxable income, the employee shall pay the tax, if any.
Commuter lunch for training purposes shall be that amount which is reimbursed by POST.
For POST or other authorized related off-site training, which requires an overnight stay, per diem meal reimbursement per POST guidelines shall not exceed $45 per day calculated in the amounts of $9 breakfast, $11 lunch, and $25 dinner. No meal receipts are required for per diem meals. Any meals provided by the hotel or training conference, not including continental breakfast, which are included in the registration or hotel fee, will be deducted from the per diem. If meal reimbursement is deemed taxable income, the employee shall pay the tax, if any.
ARTICLE 16 – MEDICARE
All employees hired after April 1, 1986, must participate in Medicare with the appropriate amount deducted from wages.
ARTICLE 17 – RESIDENCY REQUIREMENT
In order to provide an adequate response in the event of a natural disaster, major civil disobedience or other law enforcement needs, all Glendora employees obtaining sworn status on or after September 16, 1996, must have a permanent primary (i.e.: 51% or more of the time) residence within sixty-five (65) miles or less of the Glendora Police facility building.
ARTICLE 18 - MANAGEMENT AUTHORITY
The City Council, and its members, during the term hereof, shall deal with the administrative services of the City only through the City Manager, except for the purposes of inquiry; and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. This is not to be interpreted as to restrict 26 communications initiated by the POA or its members with the City Council or its members.
ARTICLE 19 - SAVINGS CLAUSE
If any part or provision of this Memorandum of Understanding is held to be invalid or unenforceable by any tribunal of competent jurisdiction, such decision shall not affect the validity of the remainder of this Memorandum of Understanding.
ARTICLE 20 - PERSONNEL RULE 9.0
PRE-DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURE
A. The City of Glendora Personnel Rules for Sworn Police Officers Rule 9.0, subsection 9.7.5 has been modified to read as follows:
9.7.5 Appeal of Disciplinary Action. Any employee may appeal a proposed suspension without pay in excess of three (3) workdays, demotion, restitution, or dismissal to the City Clerk within 10 working days after the receipt by the employee of the department head's answer. An appeal within the described time frame shall not suspend the effective date of the discipline.
B. All remaining personnel rule conditions precedent to Pre-Discipline, Discipline and Appeals Procedures shall remain unchanged.
The parties hereto have caused this Memorandum of Understanding to be executed this 10th day of June, 2025.
CITY OF GLENDORA
Dated: ______________________ By: ___________________________ Adam Raymond, City Manager
Dated: ______________________ By: ___________________________ Marie Ricci, Deputy City Manager
GLENDORA POLICE OFFICERS ASSOCIATION
Dated: ______________________ By: ____________________________ Mykel Tso, POA President
CITY OF GLENDORA
POLICE OFFICERS ASSOCIATION SALARY SCHEDULESALARY SCHEDULE EFFECTIVE JULY 7, 2025 Revised 6/10/25 4% Increase
POSITION TITLE CLASS Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5POLICE OFFICER 1311 7,866.92 8,260.26 8,673.28 9,106.93 9,562.29 94,403.00 99,123.11 104,079.30 109,283.19 114,747.47 3,630.88 3,812.43 4,003.05 4,203.20 4,413.36 POLICE OFFICER - INT POST 1311 8,181.59 8,590.67 9,020.21 9,471.21 9,944.78 98,179.12 103,088.03 108,242.47 113,654.52 119,337.37 3,776.12 3,964.92 4,163.17 4,371.33 4,589.90 POLICE OFFICER - ADVANCED POST 1311 8,417.60 8,838.48 9,280.40 9,744.42 10,231.65 101,011.22 106,061.72 111,364.85 116,933.02 122,779.79 3,885.05 4,079.30 4,283.26 4,497.42 4,722.30 POLICE CORPORAL 1312 9,120.66 9,576.69 10,055.53 10,558.30 10,822.26 109,447.87 114,920.25 120,666.37 126,699.60 129,867.13 4,209.53 4,420.01 4,641.01 4,873.06 4,994.89 POLICE CORPORAL - INT POST 1312 9,485.48 9,959.75 10,457.75 10,980.63 11,255.15 113,825.79 119,517.06 125,493.02 131,767.58 135,061.81 4,377.91 4,596.81 4,826.65 5,067.98 5,194.69 POLICE CORPORAL - ADVANCED POST 1312 9,759.10 10,247.06 10,759.42 11,297.38 11,579.82 117,109.22 122,964.66 129,113.01 135,568.57 138,957.83 4,504.20 4,729.41 4,965.89 5,214.18 5,344.53 CITY OF GLENDORAPOLICE OFFICERS ASSOCIATION SALARY SCHEDULESALARY SCHEDULE EFFECTIVE JULY 6, 2026 Revised 6/10/25 4% Increase
POSITION TITLE CLASS Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5POLICE OFFICER 1311 8,181.59 8,590.67 9,020.21 9,471.21 9,944.78 98,179.12 103,088.03 108,242.47 113,654.52 119,337.37 3,776.12 3,964.92 4,163.17 4,371.33 4,589.90 POLICE OFFICER - INT POST 1311 8,508.86 8,934.30 9,381.01 9,850.06 10,342.57 102,106.29 107,211.55 112,572.17 118,200.70 124,110.86 3,927.16 4,123.52 4,329.70 4,546.18 4,773.49 POLICE OFFICER - ADVANCED POST 1311 8,754.31 9,192.02 9,651.62 10,134.19 10,640.92 105,051.66 110,304.19 115,819.45 121,610.34 127,690.98 4,040.45 4,242.47 4,454.59 4,677.32 4,911.19 POLICE CORPORAL 1312 9,485.48 9,959.75 10,457.75 10,980.63 11,255.15 113,825.79 119,517.06 125,493.02 131,767.58 135,061.81 4,377.91 4,596.81 4,826.65 5,067.98 5,194.69 POLICE CORPORAL - INT POST 1312 9,864.90 10,358.14 10,876.06 11,419.86 11,705.36 118,378.82 124,297.74 130,512.74 137,038.28 140,464.29 4,553.03 4,780.68 5,019.72 5,270.70 5,402.47 POLICE CORPORAL - ADVANCED POST 1312 10,149.47 10,656.94 11,189.79 11,749.28 12,043.01 121,793.59 127,883.25 134,277.53 140,991.31 144,516.14 4,684.37 4,918.59 5,164.52 5,422.74 5,558.31 CITY OF GLENDORAPOLICE OFFICERS ASSOCIATION SALARY SCHEDULESALARY SCHEDULE EFFECTIVE JULY 5, 2027 Revised 6/10/25 3% Increase
POSITION TITLE CLASS Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5POLICE OFFICER 1311 8,427.04 8,848.39 9,290.81 9,755.35 10,243.12 101,124.50 106,180.67 111,489.75 117,064.16 122,917.49 3,889.40 4,083.87 4,288.07 4,502.47 4,727.60 POLICE OFFICER - INT POST 1311 8,764.12 9,202.32 9,662.44 10,145.56 10,652.85 105,169.48 110,427.90 115,949.34 121,746.72 127,834.19 4,044.98 4,247.23 4,459.59 4,682.57 4,916.70 POLICE OFFICER - ADVANCED POST 1311 9,016.93 9,467.78 9,941.17 10,438.22 10,960.14 108,203.21 113,613.32 119,294.03 125,258.65 131,521.71 4,161.66 4,369.74 4,588.23 4,817.64 5,058.53 POLICE CORPORAL 1312 9,770.05 10,258.55 10,771.48 11,310.05 11,592.81 117,240.56 123,102.57 129,257.81 135,720.61 139,113.67 4,509.25 4,734.71 4,971.45 5,220.02 5,350.53 POLICE CORPORAL - INT POST 1312 10,160.85 10,668.89 11,202.34 11,762.45 12,056.52 121,930.18 128,026.67 134,428.12 141,149.43 144,678.22 4,689.62 4,924.10 5,170.31 5,428.82 5,564.55 POLICE CORPORAL - ADVANCED POST 1312 10,453.95 10,976.65 11,525.49 12,101.75 12,404.30 125,447.40 131,719.75 138,305.86 145,221.05 148,851.63 4,824.90 5,066.14 5,319.46 5,585.43 5,725.06
APPROXIMATE MONTHLY APPROXIMATE ANNUAL APPROXIMATE BIWEEKLY
APPROXIMATE MONTHLY APPROXIMATE ANNUAL APPROXIMATE BIWEEKLYAPPROXIMATE MONTHLY APPROXIMATE ANNUAL APPROXIMATE BIWEEKLY RESOLUTION CC 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GLENDORA APPROVING THE 2025-2028 MEMORANDUM OF
UNDERSTANDING AGREEMENT WITH THE GLENDORA POLICE
OFFICERS’ ASSOCIATION.
THE CITY COUNCIL
City of Glendora, California
WHEREAS, the representative of the City of Glendora and the Glendora Police Officer Association (POA) met and negotiated a 2025-2028 Memorandum of Understanding, which was voted upon and approved by the POA membership.
NOW, THEREFORE, THE CITY COUNCIL THE CITY OF GLENDORA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council approves the 2025-2028 Memorandum of Understanding between the City of Glendora and the Glendora Police Officers’ Association attached as Exhibit A
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same into the Book of Original Resolutions and that this Resolution shall take effect and be in force on this date.
SECTION 3. The City Clerk is hereby directed to forward a copy of this Resolution to the Assistant Director - Human Resources.
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 WYNDER
City Attorney
Resolution No. _______ Page 2 of 2
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