LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended.
For purposes of this Agreement, the phrase “highest professional standards” shall mean those 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 La Fetra Center Staircase Replacement Project, Plan No. 1387 (the “Project”), including any documents or exhibits referenced therein (collectively, “Bid Documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 (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 in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 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 _______________
Mahmoud Merzi
Chief Executive Officer, Chief Financial
Officer, and Secretary
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 (b) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a Change Order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement,, or the Bid Documents, or in any guarantee or warranty provided by any manufacturer or supplier of Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 equipment or materials incorporated into the work, whichever is later) after the date of final acceptance by the City for the Project, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Bid Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Inspection by City.
In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section.
The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes to the work by altering, adding to or deducting from said work.
No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer, provided that such increase does not materially affect the work in a manner or materially and detrimentally affect the interest of the City. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or the lowest current price for which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) Daily Reporting: If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include:
list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights to payment for the work performed for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 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 $234,600 (Two Hundred Thirty-Four Thousand Six Hundred 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, 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.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Finance Director and/or the Contract Officer. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, include a copy of Contractor’s certified payroll and proof that the certified payroll has been submitted to the DIR, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in the work performed by Contractor.
2.6 Retention.
City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed (“NTP”) by the Contract Officer and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. If City finds that Contractor’s work does not meet the requirements and standards set forth in this Agreement, Contractor shall remedy any defects in the work at Contractor’s sole expense, following notice by the City. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
Mahmoud Merzi,
Chief Executive Officer, Chief Financial Officer,
and Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
4.3 Contract Officer.
The Contract Officer shall be the Public Works Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification obligations to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and 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) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (g) 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. (h) 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 Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(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.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of this Contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, injuries or death of any person (including workers and the public), losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities (with legal counsel approved by City) and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
Contractor’s obligations under this Section shall apply regardless of whether or not such claims or liabilities were caused in part or contributed to by the City or any Indemnified Parties. In instances where City or its Indemnified Parties is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement (“Performance Bond”).
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
Both the Performance Bond and Payment Bond required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Payment Bonds when the following have occurred:
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the work for the Project has been finally accepted by the City; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the Project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the Project being designed.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
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.
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 Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 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 Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, in the sole and absolute discretion of the Project Manager. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on such invoices only when the default is cured to the satisfaction of the City. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Additionally, Section 9204 of the California Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein and the intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code with respect to any such claims by Contractor. This Section shall be construed to be consistent with said statutes.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 For purposes of these procedures, the term “claim(s)” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any of the services required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
7.10 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his / her financial interest or the financial interest of any corporation, partnership or association in which he/her is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 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 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.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
9.4 Integration; Amendment.
This Agreement including the attachments hereto (and the documents incorporated herein) is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction/
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 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 ___________________
Mahmoud Merzi
Chief Executive Officer, Chief Financial
Officer, and Secretary
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Revised 11/2025
AGREEMENT
SECTION V
LA FETRA CENTER STAIRCASE REPLACEMENT PROJECT, PLAN NO. 1387 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF GLENDORA, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
HARBOR COATING CONSTRUCTION &
RESTORATION INC.,
a California corporation
Name: Mahmoud Merzi
Title: Chief Executive Officer, Chief Financial Officer, and Secretary
Email: [email protected]
Address: 625 W. Katella Ave. #5
Orange, CA 92867
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 Mar 11, 2026 | 12:34 PM PDT
A-1
01240.0006 2102322.1 3/10/2026
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all the work and comply with all the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled La Fetra Center Staircase Replacement Project, Plan No. 1387, including any documents or exhibits referenced therein which are incorporated herein by reference.
II. Brief description of the work to be performed:
This project consists of the demolition and removal of the existing wooden stairway and associated concrete footings, and the construction of a new concrete and steel stairway at the Mary E. & Clement M. La Fetra Center (“La Fetra Center”), located at 333 E. Foothill Boulevard, Glendora, CA 91741, including all associated demolition, disposal, site preparation, and installation necessary to complete the improvements in accordance with the plans and specifications.
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 the work by providing written status reports, including, but not limited to, the following:
A. Initial report describing the existing site conditions and confirming the overall construction schedule;
B. Bi-weekly progress reports describing work completed during the preceding two (2) weeks;
C. Anticipated work to be performed during the following two (2) weeks; and D. Status of pending Requests For Information (RFIs).
IV. All work performed under this Agreement is subject to review, inspection, 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 and around the work area and shall implement traffic and pedestrian control measures in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition, and all applicable City requirements.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 B-1
01240.0006 2102322.1 3/10/2026
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
The following provisions shall be added to Section 2.4 - Invoices:
In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.
II. ARTICLE 3. PERFORMANCE SCHEDULE
The following provisions shall be added to Section 3.1 – Time of Essence:
Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City’s Contract Officer in accordance with Section 3.2 and the provisions of the General Conditions.
III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
The following sections of Article 5 shall be deleted in their entirety:
Section 5.1 (c) - Professional liability (errors & omissions) insurance.
Section 5.1 (e) – Builder’s risk insurance.
Section 5.1 (f) – Pollution liability insurance.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 C-1
01240.0006 2102322.1 3/10/2026
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:
Line
Item
Item Description Quantity Unit Unit Price Total Price
Division 2: Existing Conditions
1 Remove Wood Stairs & Railing 1 LS $15,000 $15,000
2 Remove Walls at Top Landing 1 LS $3,000 $3,000
3 Remove Wooden Posts & Footing 10 EA $500 $5,000
4 Allowance for Cut, Patch & Repair 1 LS $5,000 $5,000
Division 3: Concrete
5 Install Concrete Stairs 19 EA $1,000 $19,000
6 Install Concrete Landing 110 SF $200 $22,000
7 Install Concrete Footings 4 EA $4,000 $16,000
Division 5: Metals
8 Painted Guard Rail & Handrail 65 LF $300 $19,500
9 Painted Structural Columns 4 EA $1,000 $4,000
10 Misc Metals @ Stairs 1 LS $60,000 $60,000
Division 6: Wood, Plastics and Composites
11 Wood Framed Walls 1 LS $2,000 $2,000
Division 7: Thermal and Moisture Protection
12 Waterproof @ Landing 110 SF $10 $1,100
13 Metal Wall Panels 80 SF $500 $40,000
14 Sheet Metal Flashing 1 LS $5,000 $5,000
15 Patch Roof and Walls (Allowance) 1 LS $10,000 $10,000 Division 9: Finishes
16 Allowance For Painting 1 LS $8,000 $8,000
Not to Exceed Total $234,600
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid 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.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 C-2
01240.0006 2102322.1 3/10/2026
IV. The City will compensate the 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: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 D-1
01240.0006 2102322.1 3/10/2026
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Description Days to Perform Deadline Date
A. All Work 50 Working Days
from City’s issuance
of the Notice To
Proceed
June 30
II. The Contractor shall deliver the following tangible work products to the City as and when required by the City:
A. Initial report describing the existing site conditions and confirming the overall construction schedule;
B. Bi-weekly progress reports describing work completed during the preceding two (2) weeks;
C. Anticipated work to be performed during the following two (2) weeks; and D. Status of pending Requests For Information (RFIs).
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contract for the work entitled and described as follows: La Fetra Center Staircase Replacement Project, Plan No. 1387.
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:
La Fetra Center Staircase Replacement Project, Plan No. 1387.
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond.
Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
Executed on , 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: La Fetra Center Staircase Replacement Project, Plan No. 1387
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number _________.
(signatures on following page)
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01 01240.0006 2102322.1 3/10/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: ED4DD664-1A8F-8EF7-8034-82FBC2404D01
STAFF REPORT
TO: Mayor and Council Members DATE: March 24, 2026
FROM: Recreation and Human
Services
DISTRICT(S): Citywide
SUBJECT: Notice of Completion for Resurfacing of Finkbiner Park Skate Park
RECOMMENDATION
That the City Council:
1. Accept and Approve the Notice of Completion for the Resurfacing of Finkbiner Park Skate Park project by California Skateparks Inc.; and
2. Authorize the Mayor to sign the Notice of Completion for recordation.
STRATEGIC FOCUS AREAS
Goal 3 - New + Revitalized Facilities
Goal 4 - Sustainable Infrastructure
EXECUTIVE SUMMARY
Staff evaluated conditions and determined that resurfacing and repairs were necessary to maintain safety and usability. City Council adopted the FY 2025-27 Two-Year Budget which included the project in the Capital Improvement Program. A proposal was solicited from California Skateparks to perform the work.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On December 9, 2025, City Council awarded the contract to California Skateparks Inc. In the amount of $98,500.
DISCUSSION
The City constructed the Finkbiner Park Skate Park in 1999, providing residents with a 10,000-square-foot concrete skate course featuring banks, slant rails, a ledge-pyramid combination, spine, pyramid, half bowl, and beginner area. Routine maintenance and safety inspections have been conducted over the years to ensure continued public safety.
In 2025, it was determined that resurfacing and repairs were necessary to maintain the facility’s safety and usability. City staff contacted the original design-build contractor for the facility and requested a quote to address resurfacing and concrete cracking. The contract was awarded in December 2025, and resurfacing was completed by the end of January 2026.
FISCAL IMPACT
The FY 2025-27 Adopted Two-Year Budget included $309,150 in the Capital Projects Fund 301 for the Skate Park Resurface Project (project number 5626106). The table below outlines the cost for the project.
ITEM BUDGET
Total Budget $309,150.00
Resurfacing of Skate Park $93,575.00
Overnight Security $3,238.50
Fencing Repair $200.00
Replacement of Signage $1,041.06
Total Spent $98,054.56
Remaining Budget $211,095.44
ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.
Prepared By: Megan Stone, Administrative Assistant
Concurs With: Not Applicable
Reviewed By: Annie Warner, Interim Recreation and Human Services Director Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_PW_Agreement-California_Skateparks_Finkbiner_Park_Resurfacing.pdf B_Notce_of_Completion_-_California_Skateparks_Inc.pdf
AGREEMENT FOR PUBLIC WORKS SERVICES
By and Between
CITY OF GLENDORA
and
CALIFORNIA SKATEPARKS
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GLENDORA AND
CALIFORNIA SKATEPARKS
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2025 by and between the City of Glendora, a California municipal corporation (“City”) and California Skateparks, a California corporation (“Contractor”). City and Contractor may sometimes be referred to herein, individually as a “Party” or collectively, as the “Parties.”
RECITALS
A. City has sought, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services, was identified by the City as a sole source provider for the services, materials, and equipment as set forth herein, pursuant to Glendora Municipal Code (“GMC”) Section 2.40.110(c)(4).
C. Pursuant to the City of Glendora Municipal Code and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services described herein and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specification and requirements set forth in the Proposal for the Project (as each such terms are defined below), In compliance with all terms and conditions of this Agreement, and as described in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 9 December
PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 2 standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Documents.
The Scope of Work shall include the provisions set forth in the proposal for the project entitled Finkbiner Park Resurfacing/Refill Cracks (the “Project”), including any documents or exhibits referenced therein (collectively, “Proposal”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the Proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (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 Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 3 accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
Joseph M. Ciaglia, Jr., President
(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: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 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) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 5 either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a Change Order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance by the City for the Project, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, 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 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.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 6
1.9 Inspection by City.
In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section.
The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes to the work by altering, adding to or deducting from said work.
No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer, provided that such increase does not materially affect the work in a manner or materially and detrimentally affect the interest of the City. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows:
(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.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 7 (ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or the lowest current price for which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) Daily Reporting: If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include:
list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights to payment for the work performed for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $98,500 (Ninety-Eight Thousand, Five Hundred 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.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 8
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor 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 Finance Director and/or the Contract Officer. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, include a copy of Contractor’s certified payroll and proof that the certified payroll has been submitted to the DIR, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in the work performed by Contractor.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 9
2.6 Retention.
City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed (“NTP”) by the Contract Officer and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. If City finds that Contractor’s work does not meet the requirements and standards set forth in this Agreement, Contractor shall remedy any defects in the work at Contractor’s sole expense, following notice by the City. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 10 constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding One (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
Joseph M. Ciaglia, Jr., President
Stephanie Ciaglia, Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Recreation and Human Services Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 11 assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification obligations to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 12 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. The Product and Completed Operations coverage under the policy shall extend a minimum of three (3) years after completion of the Project. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. The policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. The policy shall specifically provide for a duty to defend on the part of the insurer. (b) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and 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) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 13 (g) 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. (h) 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 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.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 14 (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 the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of this Contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 15 lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, injuries or death of any person (including workers and the public), losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities (with legal counsel approved by City) and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 16 and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
Contractor’s obligations under this Section shall apply regardless of whether or not such claims or liabilities were caused in part or contributed to by the City or any Indemnified Parties. In instances where City or its Indemnified Parties is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.Concurrently with execution of this Agreement, Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement (“Performance Bond”).
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
Both the Performance Bond and Payment Bond required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 17 work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Payment Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the work for the Project has been finally accepted by the City; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 18
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.
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 Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 19 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 Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, in the sole and absolute discretion of the Project Manager. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on such invoices only when the default is cured to the satisfaction of the City. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Additionally, Section 9204 of the California Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 20 arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein and the intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code with respect to any such claims by Contractor. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, the term “claim(s)” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 21 compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any of the servicesrequired 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. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 22 action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his / her financial interest or the financial interest of any corporation, partnership or association in which he/her is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 23 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 Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
9.4 Integration; Amendment.
This Agreement including the attachments hereto (and the documents incorporated herein) is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 24 agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction/
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials ___________________
Joseph M. Ciaglia, Jr., President
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 25 this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 PW Agreement – California Skateparks (Finkbiner Park - Resurfacing) 12.09.2025 26 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF GLENDORA, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
CALIFORNIA SKATEPARKS, a California corporation
Name: Joseph M. Ciaglia, Jr.
Title: President
Email: [email protected]
Name: Stephanie Ciaglia
Title: Secretary
Email: [email protected]
Address: 273 N. Benson Ave., Upland, CA, 91786
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 Nov 27, 2025 | 4:07 PM PST
Nov 27, 2025 | 4:10 PM PST
Dec 18, 2025 | 3:50 PM PST
01240.0001/1037449.1 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the provisions set forth in the Proposal for the Project entitled Finkbiner Park Resurfacing/Refill Cracks, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The work includes the repair and improvement work at the skatepark located in Finkbiner Park at 160 N Wabash Ave. Glendora, CA 91741. The scope of work consists of cleaning and vacuuming cracks and applying flexible sealant to approximately 300 linear feet of surface cracks; demolishing and replacing the existing pyramid feature; performing various concrete deck replacements totaling approximately 1,450 square feet; removing loose concrete and patching as needed; recoating approximately 250 linear feet of steel edgings; and refinishing various ledges totaling approximately 280 square feet. All work shall be performed to professional standards and follow safety protocols to restore surface integrity, enhance safety, and maintain the overall quality and performance of the skatepark located in Finkbiner Park, as further described in Exhibit “C” attached hereto.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Contractor will provide City with weekly updates on the status of the Project. This includes timeline changes, issues, or change orders needed.
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition and shall observe and perform all traffic control safe protocols while working in the public right of way and upon any City facilities.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough. (e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal, and listed below:
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 C-2
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 C-3
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 C-4
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item set forth in the Proposal, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1.
IV. The City will compensate Contractor for the services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.
V. The total compensation for the services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule to be performed Monday through Friday between 7:00am to 3:30pm.
Description Days to Perform Deadline Date
A. Applying flexible sealant to
approximately 300 square feet of
surface cracks; demolishing and
replacing the existing pyramid
feature; performing various
concrete deck replacements totaling
approximately 1,450 square feet;
removing loose concrete and
patching as needed; recoating
approximately 250 square feet of
steel edgings; and refinishing
various ledges totaling
approximately 280 square feet. All
work shall be performed to
professional standards and safety
protocols to restore surface
integrity, enhance safety, and
maintain the overall quality and
performance of the skatepark
located in Finkbiner Park at 160 N
Wabash Ave. Glendora, CA 91741,
as further described in Exhibit “C”.
60 calendar days 60 calendar days from
the date of a Notice to
Proceed issued by the
City
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 01240.0001/1037449.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: B518C218-BEF2-4FD9-9FBD-D832D334A514 Rev. 08/2018
RECORDING REQUESTED BY:
CITY OF GLENDORA
WHEN RECORDED MAIL TO THIS ADDRESS:
CITY CLERK
CITY OF GLENDORA
116 E. Foothill Boulevard
Glendora, CA 91741
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or AGENT of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The full name of the OWNER is: CITY OF GLENDORA
3. The full address of the OWNER is: 116 E. Foothill Boulevard, Glendora, CA 91741
4. The nature of the interest or estate of the undersigned is: (i.e., In Fee.) Fee Interest
5. A work of improvement on the property hereinafter described was COMPLETED on January 30, 2026
6. The work of improvement completed is described as follows:
Resurfacing of Finkbiner Park Skate Park
7. The name of the original contractor, if any, for such work of improvement is: California Skateparks Inc.
8. The street address of said property is: 160 N Wabash Ave, Glendora, CA 91741.
9. The property on which said work of improvement was completed is in the City of GLENDORA, County of LOS ANGELES, State of CALIFORNIA, and is described as follows:
The scope of this project consisted of resurfacing and sealing of large concrete cracks.
CITY OF GLENDORA
Date:
(Date) Signature of Owner or agent: DAVID FREDENDALL, Mayor
VERIFICATION
I, the undersigned, declare under penalty of perjury under the laws of the State of California, that I am the Mayor of the City of Glendora of the aforesaid interest or estate in the property described in the above Notice, that I have read the said Notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. ____________ at Glendora, California
DAVID FREDENDALL
STAFF REPORT
TO: Mayor and Council Members DATE: March 24, 2026
FROM: City Clerk DISTRICT(S): Citywide
SUBJECT: Unscheduled Vacancy on the Water Commission Update (Office No. 3; Term Expiring: June 30, 2029)
RECOMMENDATION
That the City Council:
1. Provide direction to staff on next steps regarding the recruitment to fill the unscheduled vacancy on the Water Commission.
STRATEGIC FOCUS AREAS
Not Applicable.
EXECUTIVE SUMMARY
On January 13, 2026, the City Clerk’s Office received both verbal and written notice of resignation from Water Commissioner Justin Nakano, creating an unscheduled vacancy for Water Commission Office No. 3, with a term expiring June 30, 2029 (Attachment A).
In accordance with statutory requirements, a Notice of Unscheduled Vacancy (Attachment B) was posted at designated public notice locations (including website), in the San Gabriel Valley Examiner, and through social media.
The original application deadline was February 10, 2026; however, no applications were received. Recruitment efforts continued, and addition advertisements were communicated. As of March 2026 the City received interest from several new and past applicants for Council consideration to fill the unscheduled vacancy on the Water Commission (Office No. 3).
This report provides the City Council with an update and presents options for direction on how to proceed with filling the vacancy.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
California Government Code Section 54974 governs the process for filling unscheduled vacancies on boards, commissions, and committees for which the legislative body has appointing authority.
The statute requires that:
A notice of vacancy be posted in the office of the City Clerk; The notice be posted on the local agency’s website (or at a designated public library pursuant to Government Code Section 54973); and
The notice be posted in other locations as directed by the legislative body.
If the legislative body determines that an emergency exists, it may make an immediate acting appointment, which remains temporary until a final appointment is made in compliance with Government Code Section 54974.
DISCUSSION
The purpose of this report is to provide an update and seek direction regarding the filling of one unscheduled vacancy on the Water Commission (Office No. 3).
Following receipt of the resignation from Water Commissioner Justin Nakano, staff posted the Notice of Unscheduled Vacancy in compliance with Government Code Section 54974. The notice was:
Posted in the City Clerk’s Office and on the City website; Published in the San Gabriel Valley Examiner on January 22, January 29, and February 6, 2026 ; and Promoted through the City’s social media platforms to encourage community engagement and applicant recruitment.
The original application period concluded on February 10, 2026. Four applications were on file; one applicant formally declined consideration, one applicant requested consideration, and as of the writing of this report the remaining two applicants have not yet responded to staff’s inquiry. In addition, three new qualified applications were received.
The following applicants are requesting consideration to fill the unscheduled vacancy on the Water Commission:
Applicant Status
Emily Hernandez On file, confirmed interest
Nadia Hardjadinata New
Eric Farrar New
Thom Lambertson New
Michael Baron On file, pending confirmation of
interest
Diana Offen
On file, pending confirmation of
interest
Jenny Chan On file, declined interest in reapplying
Next Steps for City Council Consideration:
Option 1 - Schedule Interviews
Direct staff to schedule interviews and appointment with the qualified applicants for a Special City Council Meeting on April 14, 2026.
Option 2 – Provide Alternative Direction
Provide other direction to staff as deemed appropriate.
FISCAL IMPACT
There are no fiscal impacts associated with the recommendations in this report.
ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.
Prepared By: Roxanne Breceda, Deputy City Clerk / Records Manager Concurs With: Not Applicable
Reviewed By: Kathleen Sessman, MMC, City Clerk / Communications Director Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
Attachments
A_Resignation_of_Justin_Nakano.pdf
B_Notice_of_Unscheduled_Vacancy_Water_Commission.pdf
C_WC_Applications.pdf
D_PowerPoint.pdf
Outlook
Water Commission
From Justin Nakano <[email protected]>
Date Tue 1/13/2026 2:12 PM
To Roxanne Breceda <[email protected]>
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Roxanne,
This E-mail is to give notice of my resignation from the Water Commission effective immediately.
Thank you,
Justin Nakano
NOTICE OF UNSCHEDULED VACANCY
SERVE YOUR COMMUNITY – APPLY TO JOIN
The City of Glendora is now accepting applications to fill an unscheduled vacancy due to a resignation received on January 13, 2026 and effective immediately:
WATER COMMISSION – OFFICE NO. 3
Term Expires: June 30, 2029
APPLICATION DEADLINE:
February 10, 2026 @ 5:00 PM (Until the position is filled)
WHY SERVE ON THE WATER COMMISSION
The Water Commission plays an important advisory role in shaping policies that impact the City’s water system and long-term sustainability. Commissioners work collaboratively to provide recommendations to the City Council on water-related policies and programs, excluding daily operations.
COMMISSION OVERVIEW AND QUALIFICATIONS:
Members of the Water Commission serve four-year terms, with the Commission consisting of five members.
Commissioners must be registered voters, reside within the incorporated City limits throughout their term of service, and be customers of the City’s Water Division of the Public Works Department, in accordance with Glendora Municipal Code section 2.18.020.
Appointment Information: Applications are available on the City’s website at www.cityofglendora.gov/CandidateApplication. Applications must be submitted to the City Clerk’s Office and will be accepted on a rolling basis. For questions or additional information, please contact the City Clerk’s Office at (626) 914-8210 or [email protected].
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Pursuant to California Government Code §54974, this notice was prepared to give notice of an unscheduled vacancy on a City of Glendora board or commission. This notice was duly posted no later than twenty (20) days after the vacancy occurred as required by law. Final appointment shall not be made for at least ten (10) working days after posting this notice.
Published: January 22, 2026, January 29, 2026, and Thursday, February 5, 2026.
Notice may be removed: April 1, 2026
UPDATE OF UNSCHEDULED VACANCY ON
WATER COMMISSION, OFFICE NO. 3
CITY CLERK’S OFFICE
CITY COUNCIL
MARCH 24, 2026
ROXANNE BRECEDA, DEPUTY CITY CLERK/RECORDS MANAGER
• The City Clerk’s Office received notice of resignation from Water Commissioner Justin Nakano, creating an unscheduled vacancy for Water Commission, Office No. 3, with a term expiring on June 30, 2029.
• A Notice of Unscheduled Vacancy was posted to the City bulletin boards, website, and advertised in the San Gabriel Valley Examiner specifying that applications will continue to be accepted until the position is filled.
• The original application deadline was February 10, 2026; however, the notice specifies that applications will continue to be accepted until the position is filled.
EXECUTIVE SUMMARY
• Following the 2025 Water Commission recruitment process for the annual scheduled vacancies, four applications remained on file. The City Clerk's Office contacted those applicants to confirm continued interest in serving.
• Of the four applications on file; one applicant formally declined consideration, one applicant requested consideration, and as of writing this report, the remaining two applicants have not yet responded to staff's inquiry. In addition, three new qualified applications were received.
RECRUITMENT
• The following are requesting consideration to fill the unscheduled vacancy on the Water Commission, Office No. 3:
APPLICATIONS RECEIVED
Applicant Status
Emily Hernandez On file, confirmed interest
Nadia Hardjadnata New
Eric Farrar New
Thom Lambertson New
Michael Baron On file, pending confirmation of interest Diana Offen On file, pending confirmation of interest
Jenny Chan On file, declined interest in re-applying
• Option 1 – Schedule Interviews
Direct staff to schedule interviews with the qualified applicants at a Special Meeting. • Option 2 – Provide Alternative Direction
Provide other direction to staff as deemed appropriate.
NEXT STEPS FOR CITY COUNCIL CONSIDERATION
STAFF REPORT
TO: Mayor and Council Members DATE: March 24, 2026
FROM: City Manager DISTRICT(S): Citywide
SUBJECT: Consideration of a Resolution adopting an updated legislative platform to be used as the background to review proposed legislation and requests for support/opposition
RECOMMENDATION
That the City Council:
1. Review and approve the FY 2025-2027 State and Federal Legislative Platform; and
2. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GLENDORA ADOPTING AN AMENDED ADMINISTRATIVE POLICY FOR A LEGISLATIVE ADVOCACY PROGRAM."
STRATEGIC FOCUS AREAS
Not Applicable.
EXECUTIVE SUMMARY
This report presents the proposed FY 2025–2027 State and Federal Legislative Platform and an amended Administrative Policy for the City’s Legislative Advocacy Program for City Council review and adoption.
The Legislative Platform establishes the City of Glendora’s legislative priorities and policy positions to guide advocacy efforts at the regional, state, and federal levels. The platform aligns with the City’s 2025–2027 Strategic Plan and provides direction to City staff and legislative advocates when engaging with policymakers and responding to legislation that may impact the City and its residents.
The proposed amendments to the Administrative Policy clarify the annual review process for the Legislative Platform, outline distribution requirements following Council adoption, and authorize the City Manager or their designee to prepare letters supporting or opposing legislation when consistent with the adopted platform. These updates are intended to streamline the City’s legislative advocacy process and enable the City to respond to legislative matters in a timely and effective manner.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City’s current Legislative Advocacy Program was adopted by the City Council in December 2019 (Attachment A). The previous policy governing legislative advocacy was adopted in September 2013.
DISCUSSION
Legislative Advocacy Program
The purpose of the legislative platform is to provide a means for summarizing and communicating the City’s core legislative principles for the purpose of advocacy efforts at the regional, state and federal level. Recognizing the importance of promoting City priorities and legislative initiatives, the proposed legislative platform (Attachment B) was developed to be consistent with the City’s 2025-2027 Strategic Plan, which focuses on:
SubURBAN Living
Glendora as a Destination
New + Revitalized Facilities
Sustainable Infrastructure
Staff + Technology
The legislative platform sets forth the City’s legislative objectives for the current legislative session and provides direction for the City’s legislative advocates as they work to secure clear and strategic initiatives in Los Angeles County, Sacramento and Washington, D.C. Approval of the legislative platform also streamlines the City’s process and allows the City’s executive team to quickly respond and take decisive action on pressing legislation consistent with City Council direction. Overall, the main legislative guiding principals of the proposed legislative platform remain the same:
Preserve and Enhance Local Control
Maintain Fiscal Responsibility
Promote Economic Development and Infrastructure
Public Safety
Regional Collaboration
Legislative Advocacy Policy
In an effort to further streamline the legislative advocacy process, staff has proposed an amended Administrative Policy (Attachment C). The proposed amendments clarify the annual review process, outline distribution requirements following Council adoption, and authorize the City Manager or designee to make non-policy administrative updates and prepare letters supporting or opposing legislation consistent with the adopted platform.
Pursuant to the policy, annually, the City Manager or their designee, in consultation with the Mayor and Mayor Pro Tem will determine if material updates are needed to the City’s Legislative Platform for consideration by the City Council. Input is also received, as needed, by the City’s Boards/Commissions, Department Directors, Mayor and Mayor Pro Tem.
Upon adoption by the City Council:
1. The Legislative Platform will be posted to the City’s website, under Legislative Advocacy Correspondence.
2. The Legislative Platform will be sent to the League of California Cities for posting on their website.
3. The Legislative Platform will be sent to all other applicable parties, including the City’s legislative advocacy firm, if applicable.
4. Non-policy related administrative updates to the Legislative Platform and associated materials may be made by the City Manager or their designee.
The City Manager or their designee is authorized to prepare letters supporting or opposing legislation on behalf of the City in two areas:
1. When the City’s Legislative Platform provides clear guidance on the stance of the City.
2. When requested by an organization where the City of Glendora is a member agency and has appointed a City Council Member or City staff member: League of California Cities; San Gabriel Valley Council of Governments, Independent Cities; Contract Cities; San Gabriel Valley Economic Partnership; Glendora Chamber of Commerce; Gold Line Construction Authority; Foothill Transit; and San Gabriel Water Association.
The policy recognizes that preparing a letter of support or opposition does not necessarily indicate that every individual member of the City Council shares the same opinion on proposed legislation. Any action to support or oppose proposed legislation, reflects the overall views of the City Council as a governing body, rather than the position of any individual Councilmember. Additionally, such action does not represent the individual views of any single staff member.
Specifically, any Councilmember may express their personal views as an individual Councilmember, provided they clearly identify those views as their personal opinion and not the official position of the City. Similarly, City staff members may express their personal views as a private citizen, provided those views are clearly identify as personal opinion and not the position of the City.
FISCAL IMPACT
There is no fiscal impact associated with the recommendations in this report.
ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.
Prepared By: Rose Mecca, Executive Assistant
Concurs With: Not Applicable
Reviewed By: Adam Raymond, City Manager
Certified to Availability of Funds: Not Applicable
Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A. Current Legislative Platform
B. Proposed Legislative Program (FINAL).pdf
C_Resolution.pdf
D. Legislative Admin Policy Redline Version
E. Legislative Admin Policy 1.12 Clean Version (Exhibit A of Resolution) F_Presentation.pdf
FY2019/2020
STATE
AND
FEDERAL
LEGISLATIVE
PLATFORM
CITYOF
GLENDORA
2 FY 2019-2020 State and Federal Legislative Platform
City of Glendora
Judy M. Nelson, Mayor
Michael Allawos, Pro Tem
Karen K. Davis, City Council Member
Mendell Thompson, City Council Member
Gary Boyer, City Council Member
3 TABLE OF CONTENTS
Introduction...................................................................................................................................................4 Guiding Legislative Principles........................................................................................................................5 Preserve and Enhance Local Control.........................................................................................................5 Maintain Fiscal Responsibility ...................................................................................................................5 Promote Economic Development and Infrastructure...............................................................................5 Public Safety ..............................................................................................................................................5 Collaborate with Regional Partners ..........................................................................................................5 Departmental Policy Statements ..................................................................................................................6 General Government (City Manager, City Council, City Clerk, and City Attorney) ...................................6 Community and Economic Development..................................................................................................7 Community Services and Library...............................................................................................................8 Finance / Human Resources......................................................................................................................9 Public Safety ............................................................................................................................................11 Public Works............................................................................................................................................13 Water and Other Utilities........................................................................................................................14 Appendix A: Glendora Elected Officials.......................................................................................................16 United States Congress ...........................................................................................................................16 United States Senators............................................................................................................................16 California Governor.................................................................................................................................16 California State Assembly........................................................................................................................16 California State Senators.........................................................................................................................16 Los Angeles County Board of Supervisors...............................................................................................16 Appendix B: Legislative Platform Policy ......................................................................................................17 Policy Objective .......................................................................................................................................18 Authority .................................................................................................................................................18 Assigned Responsibility ...........................................................................................................................18 Correspondence ......................................................................................................................................18 Individual Views.......................................................................................................................................18 Procedure................................................................................................................................................18 Appendix C:Legislative Platform by Guiding Legislative Principal...............................................................20 4 INTRODUCTION
The purpose of the legislative platform is to provide a means for summarizing the City’s core legislative principles for the purpose of advocacy efforts at the regional, state and federal level. Recognizing the importance of promoting City priorities and legislative initiatives, the legislative platform is developed to be consistent with the City’s 2019-2022 Strategic Plan, which focuses on:
• Increased financial stability and sustainability.
• Enhancement and modernization of the City.
• Improved City infrastructure and facilities.
• Implementation of strategic economic development.
• Enhanced employee development and retention.
The legislative platform sets forth the City’s legislative objectives for the current legislative session and provides direction for our legislative advocates as they work to secure clear and strategic initiatives in Los Angeles County, Sacramento and Washington, D.C. Approval of the legislative platform also streamlines the City’s process and allows the City’s Executive team to quickly respond and take decisive action on pressing legislation under City Council direction (Appendix B - Legislative Advocacy Policy).
The City Manager’s Office will annually update the Legislative Platform, taking into account new issues or priorities as they relate to Glendora and its municipal interests. Input on the Legislative Platform is received from the City’s legislative advocacy partners, Board/Commissions, Mayor, Mayor Pro Tem and Department Heads.
The City of Glendora primarily supports preserving local control, financial sustainability, public safety and quality of life. Each year the City will use these Guiding Legislative Principles to tackle urgent needs, such as funding critical infrastructure projects, addressing homelessness issues, keeping our City safe, living with wildlife, and maintaining and enhancing the quality of life our residents have come to enjoy.
Many hot topics and urgent needs will be shared by more than one City Department. As such, the State and Federal Legislative Platform is organized by department, which allows each department head to easily analyze proposed legislation and how that relates to the City’s Guiding Legislative Principles and applicable hot topics and/or urgent needs. Appendix C has been added for individuals who would like to view the priorities by type, instead of by department.” 5 GUIDING LEGISLATIVE PRINCIPLES
Preserve and Enhance Local Control
Cities are voluntarily created by the residents of a community to provide local self-government and to make decisions at a local level to best meet the needs of the community. Each community has unique needs and characteristics that are best met by policies set by its local governing body. Glendora supports measures that preserve and protect the City’s local authority to enact policy pertaining to local affairs and opposes measures that seek to preempt local control without the concurrence of the City.
Maintain Fiscal Responsibility
Glendora supports measures that promote fiscal stability, predictability and financial independence at the local level.
Further, Glendora supports efforts that preserve and promote the City’s ability to work with its community to maintain and grow its revenue base. Glendora opposes measures that place unfunded mandates upon the City or measures that diminish the City’s revenue sources that are required to maintain critical services, including efforts to shift local funds to the County, State or Federal Governments.
Promote Economic Development and Infrastructure
The City of Glendora incorporated more than 100 years ago and supports legislation that provides funding for critical infrastructure, including streets, congestion mitigation measures, and transit oriented development while maintaining local control over land use. Glendora also supports legislation and regulatory streamlining initiatives that would enhance the City’s ability to attract and retain businesses as well as encourage business expansion and job retention.
Public Safety
Public safety is of paramount importance to the City of Glendora. Glendora supports legislation that arrange for frontline funding for extra police services as a result of state-mandated criminal justice realignment provisions which allowed for the early release of state prisoners. Additionally, Glendora supports legislation that would provide direct funding and alternative avenues of health care to local first response agencies to adequately address behavioral health issues.
Regional Collaboration
Glendora strives to be a leader and influencer in the San Gabriel Valley. The City supports opportunities to work collaboratively with local and regional partners on areas of mutual interest, such as homelessness, water, pension, housing and living with wildlife. Additionally, Glendora is a strong advocate for maintaining strong relationships with other municipalities, local transportation agencies, special districts, regional government agencies, local elected officials, school districts, and college boards.
6 DEPARTMENTAL POLICY STATEMENTS
General Government (City Manager, City Council, City Clerk, and City Attorney) The legislative principles for the purpose of advocacy efforts as they relate to the City Manager, City Council, City Attorney and City Clerk office are as follows:
Preserve and Enhance Local Control
• Support efforts that are consistent with the doctrine of local control which streamlines and simplifies the ability of a city to control its own affairs, especially in the areas of police powers, local elections, land use planning, and public safety. Oppose preemption of local authority. • Support measures that preserve the integrity and fundamentals of the Brown Act while opposing measures that would constrain communication among staff and local officials. • Support measures that promote transparency, public participation and first amendment rights, while preserving procedures that continue to foster efficient government proceedings. • Support measures increasing local autonomy, protecting privacy and maintaining our authority over public records. This includes measures that provide for the recovery of costs with regard to public records requests. • Support efforts to amend rules that limit and restrict local governments’ ability to achieve greater transparency of governmental business by improving the platform in which agencies can publish and advertise notices, resolutions, orders, or other matters required by law.
Maintain Fiscal Responsibility
• Oppose any state or federal unfunded mandates; those which do not provide for the direct or indirect reimbursement for the costs associated with complying with new and/or modified laws, regulations, policies, procedures, permits and/or programs.
Public Safety
• Support well balanced legislation that promotes preventative measures to prevent impacts from natural disasters such as earthquakes and fires, including vegetation management, seismic building retrofits and higher levels of wildfire structural resilience. • Advocate for legislation that will support our local police department including legislation that addresses use of force concerns; supports funding for homeless and mental health outreach; provides local control over cannabis rules and enforcement; and continues to raise awareness regarding the deficiencies of Prop 47/Prop 57 with strategies to fix those deficiencies.
Regional Collaboration
• Support state and regional collaborations that seek to address homelessness as well as grant programs that provide direct funding to cities in order to implement local strategies. • Proactively support and advocate for initiatives, partnerships, funding, and programs to ensure veterans and their families have access to holistic services and resources including, but not limited to: physical and mental health, affordable housing, employment, and education.
7 COMMUNITY DEVELOPMENT, ECONOMIC DEVELOPMENT & TRANSPORTATION The legislative principles for the purpose of advocacy efforts as they relate to Community Development, Economic Development and Transportation are as follows:
Preserve and Enhance Local Authority
• Monitor land use issues and support measures that preserve local control over planning and zoning matters, including but not limited to housing development standards; parking standards; massage establishments; the banning or regulating of marijuana; the establishment and placement of group homes or sober living homes; development standards of accessory dwelling units; and telecommunication, broadband and infrastructure operations. • Support measures that provide municipalities with increased input in the development of the Regional Housing Needs Assessment (RHNA).
• Oppose air quality legislation that restricts the land use authority of cities.
Maintain Fiscal Responsibility
• Support continued or expanded funding as well as the expansion of the eligibility and allowable uses of the funding for the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development.
• Seek, promote, and implement any new or alternative approaches that may replace redevelopment funding mechanisms that deliver positive benefits to Glendora.
Promote Economic Development and Infrastructure
• Support measures and grants that provide increased funding without loss of land use control for housing programs within the City, including incentives for affordable housing; amended Federal and State Low-Income Housing Tax Credit Programs; and private sector investment in housing projects. • Support legislation that provides tangible and productive tools and incentives to support job creation and retention, including job training and workforce development programs. • Support legislation that enhances the City’s efforts to attract new businesses and retain and promote the successes of existing local businesses. • Support legislation that expands transportation planning, funding, and voluntary incentives to include alternative modes of transportation, transportation demand management systems, an increasingly multi-modal perspective focusing on transit, alternative fuel vehicles, fleets, pedestrian ways, bikeways, multi-use trails and parking.
Regional Collaboration
• Support legislation that encourages regional and sub-regional entities to incorporate locally acceptable planning and urban design strategies developed in consultation with local governments, especially when those plans are tied to funding allocations.
8 COMMUNITY SERVICES AND LIBRARY
The legislative principles for the purpose of advocacy efforts as they relate to Community Services and the Library are as follows:
Maintain Fiscal Responsibility
• Support legislation that establishes funding for the development and rehabilitation of parks, libraries, public right of ways, and similar neighborhood and community serving facilities. • Support efforts to provide an expedited process for the fair distribution of State bond funds and other grant opportunities.
• Oppose action that reduces or depletes services and funding sources created to enhance the community's varying needs, including library programming.
Promote Economic Development and Infrastructure
• Support legislation that will help provide residents with safe, accessible services and facilities. • Support legislation that promotes content and service accessibility, competition, and consumer protection in the online and networked world.
• Advocate for libraries as sites of learning, where protected content will be continually available, distributed, used, and preserved to further knowledge, fostering the Constitutional purpose of the law “to advance the progress of science and the useful arts” to benefit the public. • Defend policies that ensure meeting facilities and exhibit space should be made available to members of a community on "an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use."
Public Safety
• Support legislation and funding for youth related prevention and intervention programs, including after school educational and recreational programs.
• Advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information • Support legislation that promotes libraries as centers for early education, literacy, career support, services for vulnerable populations and other educational programs that benefit a wide range of community members.
Regional Collaboration
• Advocate for new homelessness initiative funding and fair homelessness funding formulas that acknowledge tax burdens, local planning, and storage/cleaning needs. • Support initiatives that leverage City and school partnerships that enhance neighborhood school sites as key City amenities.
• Support legislation and local, state, and federal programs that employ evidence-based best practice strategies to reduce the number of people experiencing homelessness by: preventing homelessness for those at-risk; providing emergency and transitional housing; expanding affordable permanent housing; and promoting selfempowerment through counseling, job training, and other supportive services. 9 FINANCE | HUMAN RESOURCES
The legislative principles for the purpose of advocacy efforts as they relate to Finance and Human Resources are as follows:
Preserve and Enhance Local Authority
• Oppose any legislation that would make local agencies more dependent on the State for financial stability and policy direction.
• Oppose legislation that undermines and preempts local authority over local taxes and fees. • Oppose measures that would mandate upon local governments any additional and costly program for employee benefits without local control. • Continue to influence, where necessary and applicable, any future efforts that may impact local government’s ability to achieve and/or maintain sustainable pensions. • Oppose efforts which reduce local control over public employee disputes and impose the regulations of an outside agency.
Maintain Fiscal Responsibility
• Oppose legislation that would impose unfunded mandates and support full cost reimbursement to the City for all federal, state and county-mandated programs.
• Support legislation that strengthens and expands ongoing revenue for the City; Oppose any change in revenue allocations that would negatively (current or future) affect local government. • Support legislation that changes the allocation of sales tax for online purchases from the county pool and reallocates it to the City where the purchase is made. • Engage and advocate for legislation or ballot measures to prevent the State from borrowing, raiding or otherwise redirecting local government funds such as local, property and sales taxes. • Continue to promote increased flexibility for the utilization of municipally generated revenues (i.e. – Public Education and Government fee, Utility Users Tax, Development Impact Fees, etc.). • Oppose efforts that would significantly alter Proposition 13 and the tax benefits that are currently provided to residents and businesses.
• Monitor State and Federal efforts to manage the rising cost of health insurance through legislation and urge officials to fully consider the financial impact on local governments. • Oppose efforts to legislate changes in how the California Public Employee Pension System invests its assets if the proposed changes will result in a loss of funds
• Support reform measures that provide sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services. • Oppose efforts by online travel companies to circumvent remittance of Transient Occupancy Taxes (TOT) from hotel reservations purchased on the internet.
• Oppose any attempt to eliminate or limit the traditional tax exemption for municipal bonds. • Actively support initiatives to assure timely reimbursements to the City from State and Federal mandates. • Support efforts to maintain and expand the types of municipal investment-grade revenue bonds. • Protect the City’s right to levy and collect our full share of Transient Occupancy Taxes (TOT) from hotels, including online hotel intermediaries. This includes opposing any federal or state legislation that would provide immunity to online hotel intermediaries and/or prohibit the City from collecting (retroactively or otherwise) our fair share of TOT.
• Advocate for legislation that supports the City’s ability to provide competitive and valuable employment opportunities and strengthens good faith negotiations between employee organizations and local agencies. • Support legislation that streamlines the Workers’ Compensation system and makes it easier for employers, employees, and health care providers to navigate. • Support legislation that would control medical and legal costs related to workers’ compensation. • Support workers’ compensation reform that is inclusive of both safety and non-safety employees. 10 PUBLIC SAFETY
The legislative principles for the purpose of advocacy efforts as they relate to Public Safety are as follows:
Preserve and Enhance Local Authority
• Support legislation that would provide the City with more authority to regulate needle exchange programs proposing to operate within our jurisdiction.
Maintain Fiscal Responsibility
• Oppose legislation or other administrative actions that seek to limit the police department’s ability to collect and utilize asset forfeiture funds for a wide variety of police services. • Support legislation on State and Federal funding, including grant opportunities, which target specialized local law enforcement and prevention programs including the Gang Reduction and Intervention Partnership (GRIP) program, and the Community Oriented Policing Services (COPS) program. • Seek continued financial assistance to deal with the impacts of AB109 (Public Safety Realignment) and Proposition 47 (Reduced Penalties for Some Crimes Initiative). This includes supporting legislation that addresses wrap-around services such as substance abuse counseling, mental health services, employment, medical and housing assistance. • Advocate for legislation and funding that would take advantage of the latest technology to prevent and resolve crimes (i.e. the ability to use surveillance cameras, integrated video recording systems (body cameras), automatic license plate recognition, and DNA testing). • Seek measures that encourage disaster preparedness and emergency planning, including funding to develop a permanent Emergency Operations Center (EOC) to further emergency management preparedness efforts.
Seek funding for recovery cost due to disasters.
• Seek State financial assistance for enforcement and regulation due to the passage of Proposition 64 and legalization of recreational marijuana. • Support Office of Traffic Safety grant funding related to all aspects of traffic safety.
Public Safety
• Support for legislation that would address the wait time for 911 ambulances when transitioning patients at local hospitals and emergency rooms. • Support legislation that assists in preventing and reducing crime, such as drug prevention programs, reducing gun violence, mental health initiatives, enhanced protective equipment, and solutions for homelessness. • Promote programs that help ensure public safety through the assistance and rehabilitation of individuals challenged with mental and/or substance abuse illnesses and increase awareness and training opportunities. • Support legislation for the prevention of Adolescent Cannabis use for the purposes of preventing persons under 21 years of age from accessing cannabis and cannabis products, unless otherwise specified. • Support legislation that prevents Human Trafficking, Sexual Assault and Domestic Violence. • Support Vehicle Code and Traffic Safety legislation.
• Support legislation that would expand the scope of a crime to a person who is prohibited from purchasing or possessing a firearm in any jurisdiction by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order issued in this state, and which includes a prohibition from owning or possessing a firearm. • Oppose legislation that would institute a program under which the length of a parolee’s period of parole would be reduced.
11 PUBLIC SAFETY continued
Regional Collaboration
• Continue to support efforts to coordinate the development of telecommunications infrastructure within the region for use during large scale emergency situations. • Support and advocate for Federal assistance to aid the Interagency Communications Interoperability (ICI) System that includes seeking relief for communities that will lose public safety radio communication channels when the Federal government mandates reallocation of the “T-Band” spectrum in 2021, that is currently utilized by first responders in and surrounding communities. • Support initiatives involving County, State and Federal governments to reduce and prevent homelessness in Los Angeles County and provide funding for these efforts. • Support legislation and funding for the Urban Area Security Initiative (UASI) and other funding initiatives administered by the Department of Homeland Security to enhance the City’s ability to respond to regional or national threats. • Support legislation for living with wildlife programs that provides for community education opportunities and funding for mitigative measures, when needed.
12 PUBLIC WORKS
The legislative principles for the purpose of advocacy efforts as they relate to Public Works are as follows:
Preserve and Enhance Local Authority
• Oppose efforts that seek to remove local regulatory authority on wireless infrastructure development.
Maintain Fiscal Responsibility
• Support measures that pursue new monies and preserve existing Regional, State, and Federal funding opportunities, including but not limited to Federal Highway Safety Improvement Program and Congestion Management Air Quality Funds; State Cap and Trade, High Speed Rail, Gas Tax, and Active Transportation funds; and Regional Measure M, Measure R, Proposition A, and Proposition C (Transportation Sales Tax) funds, to mitigate traffic congestion and maintain/improve the City’s infrastructure including but not limited to the preservation, maintenance, rehabilitation, and development of local street and road systems. • Support measures that seek to reevaluate the method and manner in which the State and Federal gas taxes are collected and allocated fairly to local jurisdictions.
13 WATER AND OTHER UTILITIES
The legislative principles for the purpose of advocacy efforts as they relate to Water and other Utilities are as follows:
Preserve and Enhance Local Authority
• Support measures that uphold the ability of locally elected city councils to regulate and manage their publicly owned water and electric utilities so that local policy making authority is not eroded by State or Federal agencies, authorities, or other regulatory bodies, and keeps local funding from being transferred to State or Federal control.
• Support local control of groundwater uses and groundwater rights. • Oppose actions by Regional Water Quality Control Boards that impose mandates on cities that exceed State or Federal regulations and/or are outside their jurisdictional authority to impose or enforce.
Maintain Fiscal Responsibility
• Oppose efforts by the State or Legislature that would impose Public Benefit requirements on water utilities that transfer funding to the State for redistribution. Local benefits efforts should retain that funding for exclusive local use.
• Support legislation that minimizes municipal borrowing costs to the benefit of ratepayers, such as preservation of the tax exempt status of municipal bonds for infrastructure investments. • Seek additional County, State and Federal funding to help meet mandated stormwater requirements. • Support efforts that seek to bring Federal sources of funding to California for water infrastructure development. • Oppose unfunded Federal and State legislative mandates on water and electric utilities, including any stemming from the action of regulatory agencies.
• Support State and Federal funding for water ecosystem projects that are cost-effective; direct beneficiaries and cost causers should fund their fair share of infrastructure project costs that provide long-term benefits to the State and its inhabitants.
• Actively pursue legislation and funding that support water conservation measures including, but not limited to: awareness, water storage, drought-resistant landscaping and permeable surfaces. • Support legislation that ensures the best interests of ratepayers with respect to cost, value, quality, safety and reliability of infrastructure and resources are considered, and that there are useful benefits in relation to implementation costs for programs.
Promote Economic Development and Infrastructure
• Support legislation that ensures environmental stewardship and drought mitigation is consistent with the goals that have been endorsed by the City Council, and such legislation is balanced with the need for reliable, cost-effective service that does not act as a disincentive to local employers staying in California.
Public Safety
• Support legislative and administrative efforts to adopt cost-effective, science-based drinking water quality regulations. 14 WATER AND OTHER UTILITIES continued
Regional Collaboration
• Support measures to improve water supply and drinking water quality in the region where cost causation principles are employed and users/beneficiaries pay for the costs of those measures. • Support administrative and legislative plans that foster the California Water Fix, a comprehensive ecosystem restoration and protection plan for the Delta, as the best alternative to meet California’s co-equal goals of water supply reliability and Delta ecosystem restoration. • Support legislation that exempts stormwater capture facilities from California Department of Fish and Wildlife review and permitting process. Requirements to permit debris basin clean out significantly delays the process, which may endanger residents in the event of storms.
• Oppose new regulations that do not allow appropriate time and resources for compliance. 15 Appendix A: Glendora Elected Officials
California United States Congress
California United States Senators
California Governor
California State Assembly Member
California State Senator
Los Angeles County Board of Supervisors
Name Washington Address Washington NumbersLocal Address Local Numbers Judy Chu
(27th District)
2423 Rayburn HOB
Washington, DC 20515
(202) 225-5464
(202) 225-5467 Fax
527 S. Lake Ave, Ste. 250
Pasadena, CA 91101
(626) 304-0110
(626) 304-0132 Fax
Grace Napolitano
(32nd District)
1610 Longworth Building
Washington, DC 20515
(202) 225-5256
(202) 225-0027 Fax
4401 Santa Anita Ave, Ste.
201
El Monte, CA 91731
(626) 350-0150
(626) 350-0450 Fax
Name Washington Address Washington NumbersLocal Address Local Numbers Kamala Harris 112 Hart Senate Office
Blvd.
Washington, DC 20510
(202) 224-3553
(202) 224-2200 Fax
11845 W. Olympic Blvd.
Ste. 1250W
Los Angeles, CA 90064
(310) 231-4494
(202) 224-0357 Fax
Dianne Feinstein 331 Hart Senate Office
Bldg.
Washington, DC 20510
(202) 224-3841
(202) 228-3954 Fax
11111 Santa Monica Blvd.
Ste. 915
Los Angeles, CA 90025
(310) 914-7300
(310) 914-7318 Fax
Name Capitol Address Capitol Numbers Fax Number
Gavin Newsom 1303 10th Street, Suite 1173 Sacramento, CA 95814 (916) 445-2841 (916) 558-3160 Name Capitol Address Capitol Numbers Local Address Local Numbers Blanca E. Rubio
(48th District)
State Capitol
PO Box 942849
Sacramento, CA 94249
(916) 319-2048
(916) 319-2148 Fax
100 N. Barranca St, Ste.
895
West Covina, CA 91791
(626) 960-4457
(626) 960-1310 Fax
Name Capitol Address Capitol Numbers Local Address Local Numbers Anthony J. Portantino
(25th District)
State Capitol, Rm 3086
Sacramento, CA 95814
(916) 651-4025
(916) 651-4925 Fax
Glendale Office:
116 E. Broadway, Ste. 204
Glendale, CA 91205
San Dimas Office:
201 E. Bonita Ave
San Dimas, CA 91773
Glendale Office:
(818) 4049-0400
(818) 409-1256 Fax
San Dimas Office:
(909) 599-7351
(909) 599-7692 Fax
Name Downtown Address Downtown Numbers Local Address Local Numbers Kathryn Barger
(5th District)
500 W. Temple St, Rm 869
Los Angeles, CA 90012
(213) 974-5555
(213) 974-1010 Fax
615 E. Foothill Blvd, Ste. A
San Dimas, CA 91773
(909) 394-2264
LEGISLATIVE ADVOCACY
PROGRAM
POLICY TYPE:
Administrative
SECTION/POLICY NO:
No. 1.12
ORIGINATING DEPT./DIV.:
City Manager
APPROVED BY:
City Council Resolution CC 2019-____
EFFECTIVE DATE: SUPERSEDES:
2013 Legislative Advocacy
Program (Sept, 2013)
I. Policy Objective:
To provide guidance on how to implement the Legislative Platform adopted by the City Council. The policy is aimed at prompt and transparent repose to pending county, state and federal legislation affecting Glendora and its municipal interests.
II. Authority:
The original Administrative Policy governing the City’s stance on legislative items was adopted by the City Council in 1977 and was more recently updated in 2013. This policy, and all future updates are adopted via Resolution of the City Council.
III. Assigned Responsibility:
City Manager or their designee.
IV. Correspondence:
Pursuant to this policy, “correspondence” is generally referred to as communication in the formal letter format. However, correspondence shall be considered any communication expressing an opinion on proposed legislation, including, but not limited to: emails, phone calls, and text messages.
V. Individual Views:
It is recognized that preparing a letter of support or opposition is not intended to indicate that every member of the City Council shares the same opinion on proposed legislation. Any action to support or oppose proposed legislation reflects the overall views City Council body and not individual member.
Further, any proposed action to support or oppose proposed legislation does not reflect the individual views of any singular staff member.
Any Councilmember may express their personal views as an individual Councilmember, taking care to clearly identify those views as their personal opinion and not the views of the City.
Any City staff member may express their personal views as a private citizen, taking care to clearly identify those views as their personal opinion and not the views of the City.
Appendix B: Legislative Platform Policy
ADMINISTRATIVE POLICY LEGISLATIVE ADVOCACY PROGRAM
VI. Procedure:
1. Annually, the City Manager or their designee updates the City’s Legislative Platform for consideration by the City Council. Input is received by the City’s Boards/Commissions, Department Directors, Mayor and Mayor Pro-Tem. Upon adoption by the City Council:
a. The Legislative Platform will be posted to the City’s website, under Legislative Advocacy Correspondence:
http://www.cityofglendora.org/departments/government/city-council/legislative-advocacycorrespondence b. The Legislative Platform will be sent to the League of California Cities for posting on their website: https://www.cacities.org/Policy-Advocacy/Legislative-Platforms c. The Legislative Platform will be sent to all other applicable parties, including the City’s legislative advocacy firm, if applicable.
2. The City Manager or their designee is authorized to prepare letters supporting or opposing legislation on behalf of the City:
a. When the City’s Legislative Platform provides clear guidance on the stance of the City. b. When requested by an organization where the City of Glendora is a member agency and has appointed a City Council Member or City staff member: League of California Cities; San Gabriel Valley Council of Governments, Independent Cities; Contract Cities; San Gabriel Valley Economic Partnership; Glendora Chamber of Commerce; Gold Line Construction Authority; Foothill Transit; and San Gabriel Water Association. c. If the City Manager or their designee has doubt that the Legislative Platform clearly articulates direction on a certain proposed piece of legislation, the Mayor, one additional Councilmember and City staff, where applicable, may be consulted. If ambiguity still exists, an item should be presented to the City Council for consideration.
3. Letters prepared by the City Manager or their designee supporting or opposing legislation on behalf of the City may be signed:
a. By the Mayor
b. By the Mayor Pro-Tem in the absence of the Mayor
c. By the City Manager in 1) the absence of the Mayor and Mayor Pro-Tem; or 2) when time is of the essence.
4. All executed letters prepared supporting or opposing legislation on behalf of the City:
a. Will be posted to the City’s website, under Legislative Advocacy Correspondence:http://www.cityofglendora.org/departments/government/citycouncil/legislative-advocacy-correspondence b. Will be sent to all applicable County, State and Federal legislators (e.g. local representation, committee chairs, etc.) and the City’s legislative advocacy firm. c. Will be uploaded to all applicable legislative correspondence portals. 20 Appendix C: Legislative Platform by Guiding Legislative Principles PRESERVE AND ENHANCE LOCAL CONTROL DEPARTMENT P.
Support efforts that are consistent with the doctrine of local control which streamlines and simplifies the ability of a city to control its own affairs, especially in the areas of police powers, local elections, land use planning, and public safety. Oppose preemption of local authority.
City Manager, City Council, City Clerk
and City Attorney
1 6
Support measures that preserve the integrity and fundamentals of the Brown Act while opposing measures that would constrain communication among staff and local officials.
City Manager, City Council, City Clerk
and City Attorney
2 6
Support measures that promote transparency, public participation and first amendment rights, while preserving procedures that continue to foster efficient government proceedings.
City Manager, City Council, City Clerk
and City Attorney
3 6
Support measures increasing local autonomy, protecting privacy and maintaining our authority over public records. This includes measures that provide for the recovery of costs with regard to public records requests.
City Manager, City Council, City Clerk
and City Attorney
4 6
Support efforts to amend rules that limit and restrict local governments’ ability to achieve greater transparency of governmental business by improving the platform in which agencies can publish and advertise notices, resolutions, orders, or other matters required by law.
City Manager, City Council, City Clerk
and City Attorney
5 6
Monitor land use issues and support measures that preserve local control over planning and zoning matters, including but not limited to housing development standards; parking standards; massage establishments; the banning or regulating of marijuana; the establishment and placement of group homes or sober living homes; development standards of accessory dwelling units; and telecommunication, broadband and infrastructure operations.
Community Development,
Economic Development &
Transportation
6 7
Support measures that provide municipalities with increased input in the development of the Regional Housing Needs Assessment (RHNA).
Community Development,
Economic Development &
Transportation
7 7
Oppose air quality legislation that restricts the land use authority of cities. Community Development, Economic Development &
Transportation
8 7
Oppose any legislation that would make local agencies more dependent on the State for financial stability and policy direction.
9 Finance/Human Resources 9
10 Oppose legislation that undermines and preempts local authority over local taxes and fees. Finance/Human Resources 9 Oppose measures that would mandate upon local governments any additional and costly program for employee benefits without local control.
11 Finance/Human Resources 9
Continue to influence, where necessary and applicable, any future efforts that may impact local government’s ability to achieve and/or maintain sustainable pensions. 12 Finance/Human Resources 9
Oppose efforts which reduce local control over public employee disputes and impose the regulations of an outside agency.
13 Finance/Human Resources 9
Support legislation that would provide the City with more authority to regulate needle exchange programs proposing to operate within our jurisdiction. 14 Public Safety 10 Oppose efforts that seek to remove local regulatory authority on wireless infrastructure development.
15 Public Works 12
Support measures that uphold the ability of locally elected city councils to regulate and manage their publicly owned water and electric utilities so that local policy making authority is not eroded by State or Federal agencies, authorities, or other regulatory bodies, and keeps local funding from being transferred to State or Federal control. 16 Water/Utilities 13
17 Support local control of groundwater uses and groundwater rights. Water/Utilities 13 Oppose actions by Regional Water Quality Control Boards that impose mandates on cities that exceed State or Federal regulations and/or are outside their jurisdictional authority to impose or enforce.
18 Water/Utilities 13
21 Appendix C: Legislative Platform by Guiding Legislative Principles MAINTAIN FISCAL RESPONSIBILITY DEPARTMENT P.
1 Oppose any state or federal unfunded mandates; those which do not provide for the direct or indirect reimbursement for the costs associated with complying with new and/or modified laws, regulations, policies, procedures, permits and/or programs.
City Manager, City Council, City Clerk
and City Attorney
6 2 Support continued or expanded funding as well as the expansion of the eligibility and allowable uses of the funding for the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development.Community Development, Economic Development &
Transportation
7 3 Seek, promote, and implement any new or alternative approaches that may replace redevelopment funding mechanisms that deliver positive benefits to Glendora.Community Development, Economic Development &
Transportation
7 4 Support legislation that establishes funding for the development and rehabilitation of parks, libraries, public right of ways, and similar neighborhood and community serving facilities.
Community Services and Library 8
5 Support efforts to provide an expedited process for the fair distribution of State bond funds and other grant opportunities.
Community Services and Library 8
6 Oppose action that reduces or depletes services and funding sources created to enhance the community's varying needs, including library programming.
Community Services and Library 8
7 Oppose legislation that would impose unfunded mandates and support full cost reimbursement to the City for all federal, state and county-mandated programs.Finance/Human Resources 9 8 Support legislation that strengthens and expands ongoing revenue for the City; Oppose any change in revenue allocations that would negatively (current or future) affect local government.
Finance/Human Resources 9
9 Support legislation that changes the allocation of sales tax for online purchases from the county pool and reallocates it to the City where the purchase is made.
Finance/Human Resources 9
10 Engage and advocate for legislation or ballot measures to prevent the State from borrowing, raiding or otherwise redirecting local government funds such as local, property and sales taxes.
Finance/Human Resources 9
11 Continue to promote increased flexibility for the utilization of municipally generated revenues (i.e. – Public Education and Government fee, Utility Users Tax, Development Impact Fees, etc.).
Finance/Human Resources 9
12 Oppose efforts that would significantly alter Proposition 13 and the tax benefits that are currently provided to residents and businesses.
Finance/Human Resources 9
13 Monitor State and Federal efforts to manage the rising cost of health insurance through legislation and urge officials to fully consider the financial impact on local governments.
Finance/Human Resources 9
14 Oppose efforts to legislate changes in how the California Public Employee Pension System invests its assets if the proposed changes will result in a loss of funds Finance/Human Resources 9
15 Support reform measures that provide sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services.
Finance/Human Resources 9
16 Oppose efforts by online travel companies to circumvent remittance of Transient Occupancy Taxes (TOT) from hotel reservations purchased on the internet.
Finance/Human Resources 9
17 Oppose any attempt to eliminate or limit the traditional tax exemption for municipal bonds. Finance/Human Resources 9 18 Actively support initiatives to assure timely reimbursements to the City from State and Federal mandates.Finance/Human Resources 9 19 Support efforts to maintain and expand the types of municipal investment-grade revenue bonds.
Finance/Human Resources 9
20 Protect the City’s right to levy and collect our full share of Transient Occupancy Taxes (TOT) from hotels, including online hotel intermediaries. This includes opposing any federal or state legislation that would provide immunity to online hotel intermediaries and/or prohibit the City from collecting (retroactively or otherwise) our fair share of TOT.
Finance/Human Resources 9
21 Advocate for legislation that supports the City’s ability to provide competitive and valuable employment opportunities and strengthens good faith negotiations between employee organizations and local agencies.
Finance/Human Resources 9
22 Appendix C: Legislative Platform by Guiding Legislative Principles MAINTAIN FISCAL RESPONSIBILITY (CONTINUED) DEPARTMENT P. 22 Support legislation that streamlines the Workers’ Compensation system and makes it easier for employers, employees, and health care providers to navigate.
Finance/Human Resources 9
23 Support legislation that would control medical and legal costs related to workers’ compensation.Finance/Human Resources 9 24 Support workers’ compensation reform that is inclusive of both safety and non-safety employees.Finance/Human Resources 9 25 Oppose legislation or other administrative actions that seek to limit the police department’s ability to collect and utilize asset forfeiture funds for a wide variety of police services.
Public Safety 10
26 Support legislation on State and Federal funding, including grant opportunities, which target specialized local law enforcement and prevention programs including the Gang Reduction and Intervention Partnership (GRIP) program, and the Community Oriented Policing Services (COPS) program.
Public Safety 10
27 Seek continued financial assistance to deal with the impacts of AB109 (Public Safety Realignment) and Proposition 47 (Reduced Penalties for Some Crimes Initiative). This includes supporting legislation that addresses wrap-around services such as substance abuse counseling, mental health services, employment, medical and housing assistance.
Public Safety 10
28 Advocate for legislation and funding that would take advantage of the latest technology to prevent and resolve crimes (i.e. the ability to use surveillance cameras, integrated video recording systems (body cameras), automatic license plate recognition, and DNA testing).
Public Safety 10
29 Seek measures that encourage disaster preparedness and emergency planning, including funding to develop a permanent Emergency Operations Center (EOC) to further emergency management preparedness efforts. Seek funding for recovery cost due to disasters.
Public Safety 10
30 Seek State financial assistance for enforcement and regulation due to the passage of Proposition 64 and legalization of recreational marijuana.Public Safety 10 31 Support Office of Traffic Safety grant funding related to all aspects of traffic safety. Public Safety 10 32 Support measures that pursue new monies and preserve existing Regional, State, and Federal funding opportunities, including but not limited to Federal Highway Safety Improvement Program and Congestion Management Air Quality Funds; State Cap and Trade, High Speed Rail, Gas Tax, and Active Transportation funds; and Regional Measure M, Measure R, Proposition A, and Proposition C (Transportation Sales Tax) funds, to mitigate traffic congestion and maintain/improve the City’s infrastructure including but not limited to the preservation, maintenance, rehabilitation, and development of local street and road systems.
Public Works 12
33 Support measures that seek to reevaluate the method and manner in which the State and Federal gas taxes are collected and allocated fairly to local jurisdictions.
Public Works 12
34 Oppose efforts by the State or Legislature that would impose Public Benefit requirements on water utilities that transfer funding to the State for redistribution. Local benefits efforts should retain that funding for exclusive local use.
Water/Utilities 13
35 Support legislation that minimizes municipal borrowing costs to the benefit of ratepayers, such as preservation of the tax exempt status of municipal bonds for infrastructure investments.
Water/Utilities 13
36 Seek additional County, State and Federal funding to help meet mandated stormwater requirements.Water/Utilities 13 37 Support efforts that seek to bring Federal sources of funding to California for water infrastructure development.
Water/Utilities 13
38 Oppose unfunded Federal and State legislative mandates on water and electric utilities, including any stemming from the action of regulatory agencies.Water/Utilities 13 39 Support State and Federal funding for water ecosystem projects that are cost-effective; direct beneficiaries and cost causers should fund their fair share of infrastructure project costs that provide long-term benefits to the State and its inhabitants.
Water/Utilities 13
40 Actively pursue legislation and funding that support water conservation measures including, but not limited to: awareness, water storage, drought-resistant landscaping and permeable surfaces.
Water/Utilities 13
41 Support legislation that ensures the best interests of ratepayers with respect to cost, value, quality, safety and reliability of infrastructure and resources are considered, and that there are useful benefits in relation to implementation costs for programs.
Water/Utilities 13
23 Appendix C: Legislative Platform by Guiding Legislative Principles PROMOTE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE DEPARTMENT P.
Support measures and grants that provide increased funding without loss of land use control for housing programs within the City, including incentives for affordable housing; amended Federal and State Low-Income Housing Tax Credit Programs; and private sector investment in housing projects.
Community Development,
Economic Development &
Transportation
1 7
Support legislation that provides tangible and productive tools and incentives to support job creation and retention, including job training and workforce development programs.
Community Development,
Economic Development &
Transportation
2 7
Support legislation that enhances the City’s efforts to attract new businesses and retain and promote the successes of existing local businesses.
Community Development,
Economic Development &
Transportation
3 7
Support legislation that expands transportation planning, funding, and voluntary incentives to include alternative modes of transportation, transportation demand management systems, an increasingly multi-modal perspective focusing on transit, alternative fuel vehicles, fleets, pedestrian ways, bikeways, multi-use trails and parking.
Community Development,
Economic Development &
Transportation
4 7
Support legislation that will help provide residents with safe, accessible services and facilities.5 Community Services and Library 8 Support legislation that promotes content and service accessibility, competition, and consumer protection in the online and networked world.6 Community Services and Library 8 Advocate for libraries as sites of learning, where protected content will be continually available, distributed, used, and preserved to further knowledge, fostering the Constitutional purpose of the law “to advance the progress of science and the useful arts” to benefit the public.
7 Community Services and Library 8
Defend policies that ensure meeting facilities and exhibit space should be made available to members of a community on "an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use."
8 Community Services and Library 8
Support legislation that ensures environmental stewardship and drought mitigation is consistent with the goals that have been endorsed by the City Council, and such legislation is balanced with the need for reliable, cost-effective service that does not act as a disincentive to local employers staying in California.
9 Water/Utilities 13
24 Appendix C: Legislative Platform by Guiding Legislative Principles PUBLIC SAFETY DEPARTMENT P.
Support well balanced legislation that promotes preventative measures to prevent impacts from natural disasters such as earthquakes and fires, including vegetation management, seismic building retrofits and higher levels of wildfire structural resilience.
City Manager, City Council, City Clerk
and City Attorney
1 6
Advocate for legislation that will support our local police department including legislation that addresses use of force concerns; supports funding for homeless and mental health outreach; provides local control over cannabis rules and enforcement; and continues to raise awareness regarding the deficiencies of Prop 47/Prop 57 with strategies to fix those deficiencies.
City Manager, City Council, City Clerk
and City Attorney
2 6
Support legislation and funding for youth related prevention and intervention programs, including after school educational and recreational programs. 3 Community Services and Library 8
Advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information
4 Community Services and Library 8
Support legislation that promotes libraries as centers for early education, literacy, career support, services for vulnerable populations and other educational programs that benefit a wide range of community members.
5 Community Services and Library 8
Support for legislation that would address the wait time for 911 ambulances when transitioning patients at local hospitals and emergency rooms.6 Public Safety 10 Support legislation that assists in preventing and reducing crime, such as drug prevention programs, reducing gun violence, mental health initiatives, enhanced protective equipment, and solutions for homelessness.
7 Public Safety 10
Promote programs that help ensure public safety through the assistance and rehabilitation of individuals challenged with mental and/or substance abuse illnesses and increase awareness and training opportunities.
8 Public Safety 10
Support legislation for the prevention of Adolescent Cannabis use for the purposes of preventing persons under 21 years of age from accessing cannabis and cannabis products, unless otherwise specified. 9 Public Safety 10 10 Support legislation that prevents Human Trafficking, Sexual Assault and Domestic Violence. Public Safety 10 11 Support Vehicle Code and Traffic Safety legislation. Public Safety 10 Support legislation that would expand the scope of a crime to a person who is prohibited from purchasing or possessing a firearm in any jurisdiction by a valid order issued by an outof-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order issued in this state, and which includes a prohibition from owning or possessing a firearm.
12 Public Safety 10
Oppose legislation that would institute a program under which the length of a parolee’s period of parole would be reduced.
13 Public Safety 10
Support legislative and administrative efforts to adopt cost-effective, science-based drinking water quality regulations.
14 Water/Utilities 13
25 Appendix C: Legislative Platform by Guiding Legislative Principles REGIONAL COLLABORATION DEPARTMENT P.
Support state and regional collaborations that seek to address homelessness as well as grant programs that provide direct funding to cities in order to implement local strategies.
City Manager, City Council, City Clerk
and City Attorney
1 6
Proactively support and advocate for initiatives, partnerships, funding, and programs to ensure veterans and their families have access to holistic services and resources including, but not limited to: physical and mental health, affordable housing, employment, and education.
City Manager, City Council, City Clerk
and City Attorney
2 6
Support legislation that encourages regional and sub-regional entities to incorporate locally acceptable planning and urban design strategies developed in consultation with local governments, especially when those plans are tied to funding allocations.
Community Development,
Economic Development &
Transportation
3 7
Advocate for new homelessness initiative funding and fair homelessness funding formulas that acknowledge tax burdens, local planning, and storage/cleaning needs. 4 Community Services and Library 8
Support initiatives that leverage City and school partnerships that enhance neighborhood school sites as key City amenities.
5 Community Services and Library 8
Support legislation and local, state, and federal programs that employ evidence-based best practice strategies to reduce the number of people experiencing homelessness by: preventing homelessness for those at-risk; providing emergency and transitional housing; expanding affordable permanent housing; and promoting self-empowerment through counseling, job training, and other supportive services.
6 Community Services and Library 8
Continue to support efforts to coordinate the development of telecommunications infrastructure within the region for use during large scale emergency situations.7 Public Safety 11 Support and advocate for Federal assistance to aid the Interagency Communications Interoperability (ICI) System that includes seeking relief for communities that will lose public safety radio communication channels when the Federal government mandates reallocation of the “T-Band” spectrum in 2021, that is currently utilized by first responders in and surrounding communities.
8 Public Safety 11
Support initiatives involving County, State and Federal governments to reduce and prevent homelessness in Los Angeles County and provide funding for these efforts. 9 Public Safety 11
Support legislation and funding for the Urban Area Security Initiative (UASI) and other funding initiatives administered by the Department of Homeland Security to enhance the City’s ability to respond to regional or national threats.
10 Public Safety 11
Support legislation for living with wildlife programs that provides for community education opportunities and funding for mitigative measures, when needed. 11 Public Safety 11
Support measures to improve water supply and drinking water quality in the region where cost causation principles are employed and users/beneficiaries pay for the costs of those measures.
12 Water/Utilities 14
Support administrative and legislative plans that foster the California Water Fix, a comprehensive ecosystem restoration and protection plan for the Delta, as the best alternative to meet California’s co-equal goals of water supply reliability and Delta ecosystem restoration.
13 Water/Utilities 14
Support legislation that exempts stormwater capture facilities from California Department of Fish and Wildlife review and permitting process. Requirements to permit debris basin clean out significantly delays the process, which may endanger residents in the event of storms.
14 Water/Utilities 14
15 Oppose new regulations that do not allow appropriate time and resources for compliance. Water/Utilities 14 C
I
T
Y
O
F
GLENDORA FY2025 • 2027 STATE & FEDERAL
LEGISLATIVE
PLATFORM
2 FY2025-2027 State & Federal Legislative Platform
David Fredendall, Mayor
Karen K. Davis, Mayor Pro-Tem
Mendell Thompson, City Council Member
Michael Allawos, City Council Member
Shaunna Elias, City Council Member
FY 2025-2027 State and Federal Legislative Platform
City of Glendora
City of Glendora | 116 E Foothill Blvd | Glendora, CA 3 Table of Contents
Introduction
Guiding LegislativePrinciples
Preserve and Enhance Local Control
Maintain Fiscal Responsibility
Promote Economic Development and Infrastructure
Public Safety
Regional Collaboration
Departmental Policy Statements
General Government (City Manager, City Council,
City Clerk, and City Attorney
Community Development, Economic Development,
and Transportation
Recreation & Human Services, and Library
Finance, and Human Resources
Public Safety
Public Works
Water and Other Utilities
Information Technology
Artificial Intelligence & Digital Communications
Appendix A: Glendora Elected Officials
Appendix B: Legislative Platform Policy
Appendix C: Legislative Platform by Guiding Legislative Principal 5 6
7 8
9 10
11 12
14 16
17 19
4 FY2025-2027 State & Federal Legislative Platform
State and Federal
Legislative Platform
City of
Glendora
Summarizing the City’s core legislative principles
for the purpose of advocacy efforts
“
at the local, regional, state and federal level. “
City of Glendora | 116 E Foothill Blvd | Glendora, CA 5 Introduction
The purpose of the legislative platform is to provide a means for summarizing the City’s core legislative principles for the purpose of advocacy efforts at the local, regional, state and federal level. Recognizing the importance of promoting City priorities and legislative initiatives, the legislative platform is developed to be consistent with the City’s 2025-2027 Strategic Plan, which focuses on:
• SubURBAN LIVING
• Glendora as a Destination
• New + Revitalized Facilities
• Sustainable Infrastructure
• Staff + Technology
The legislative platform sets forth the City’s legislative objectives and provides direction for the City’s legislative advocates as they work to secure clear and strategic initiatives in Los Angeles County, Sacramento and Washington, D.C. Approval of the legislative platform also streamlines the City’s process and allows the City’s Executive team to quickly respond and take decisive action on pressing legislation under City Council direction (Appendix B - Legislative Advocacy Policy).
The City Manager’s Office will periodically update the Legislative Platform, taking into account new issues or priorities as they relate to Glendora and its municipal interests. Input/clarification on the Legislative Platform is received from the City’s legislative advocacy partners, Boards/Commissions, Mayor, Mayor Pro Tem, and Department Heads.
The City of Glendora primarily supports preserving local control, financial sustainability, public safety, and quality of life. Each year the City will use these Guiding Legislative Principles to tackle urgent needs, such as funding critical infrastructure projects, addressing homelessness issues, keeping our City safe, living with wildlife, and maintaining and enhancing the quality of life our residents have come to enjoy. Chief among these urgent needs is protecting the City’s ability to maintain its self-determination by protecting its local control. | Emerging and Time-Sensitive Issues
The City recognizes that legislative and regulatory actions may arise outside the scope of this Legislative Platform.
The City supports timely positions on emerging issues consistent with these guiding principles, including but not limited to budget trailer bills, administrative rulemaking, and ballot initiatives. The Legislative Platform is organized by department, which allows each department head to easily analyze proposed legislation and how that relates to the City’s Guiding Legislative Principles.
6 FY2025-2027 State & Federal Legislative Platform
Guiding Legislative Principles
| Preserve and Enhance Local Control
Cities are voluntarily created by the residents of a community to provide local self-government and to make decisions at a local level to best meet the needs of the community. Each community has unique needs and characteristics that are best met by policies set by its local governing body. Glendora supports measures that preserve, protect, and enhance the City’s local authority to enact policy pertaining to local affairs and opposes measures that seek to usurp its local control.
| Maintain Fiscal Responsibility
Glendora supports measures that promote fiscal stability, predictability, and financial independence at the local level. Further, Glendora supports efforts that preserve and promote the City’s ability to work with its community to maintain and grow its revenue base. Glendora opposes measures that place unfunded mandates upon the City or measures that diminish the City’s revenue sources that are required to maintain critical services, including efforts to shift local funds to the County, State, or Federal Governments. The City supports reform of State and Federal funding programs to prioritize direct allocations to cities, reduce administrative overhead, and ensure predictability across multi‑year budget cycles.
The City also opposes new revenue measures (i.e., taxes) by regional agencies or the State, unless specific policy direction by the City Council to the contrary exists. Should new revenue measures be enacted by any another entity, the City will simultaneously advocate that any funding generated in Glendora remain in Glendora, so as to directly benefit the community.
| Promote Economic Development and Infrastructure
The City of Glendora incorporated more than 100 years ago and supports legislation that provides funding for critical infrastructure, including streets, water, congestion mitigation measures, parks and open space, and small business development while maintaining local control over land use. Glendora supports legislation, regulatory reform, and environmental review streamlining and modernization that enhances the City’s ability to attract, retain, and expand businesses, support adaptive reuse, and accelerate infrastructure delivery, while maintaining common sense environmental protections.
| Public Safety
Public safety is of paramount importance to the City of Glendora. Glendora supports legislation that arrange for front-line funding for extra police services as a result of state-mandated criminal justice realignment provisions which allowed for the early release of state prisoners. The City supports balanced criminal justice reform that protects public safety, ensures accountability, and provides sustainable funding for local enforcement, mental/ behavioral health, prosecution, reentry, and diversion services. | Regional Collaboration
Glendora strives to be a leader and influencer in the San Gabriel Valley. The City supports opportunities to work collaboratively with local and regional partners on areas of mutual interest, such as homelessness, water, financial stability, housing and living with wildlife. Additionally, Glendora is a strong advocate for maintaining strong relationships with other municipalities, local transportation agencies, special districts, regional government agencies, local elected officials, school districts, and college boards. Regional collaboration should not result in the erosion of local land use authority, fiscal independence, or service delivery discretion.
City of Glendora | 116 E Foothill Blvd | Glendora, CA 7
GENERAL GOVERNMENT
(CITY MANAGER, CITY COUNCIL, CITY CLERK, CITY ATTORNEY) The legislative principles for the purpose of advocacy efforts as they relate to the City Manager, City Council, City Attorney and City Clerk’s office:
| Preserve and Enhance Local Control
• Support efforts that are consistent with the doctrine of local control which streamlines and strengthen a city’s ability to govern its own affairs, especially in the areas of police powers, local elections, land use planning, and public safety. Oppose the usurping of local authority at any level. • Support measures that preserve the integrity and fundamentals of the Ralph M. Brown Act while opposing measures that would constrain communication among staff and local officials. Further, oppose any measure that would not be applied evenly to all public agencies and elected officials at the City, County, and State level. • Support measures that promote transparency, public participation and first amendment rights, while preserving procedures that continue to foster efficient government operations. • Support measures increasing local autonomy, protecting privacy, and maintaining authority over public records. This includes measures that provide for the recovery of costs with regard to public records requests. • Support efforts to amend rules that limit and restrict local governments’ ability to achieve greater transparency of governmental business by improving the platform in which agencies can publish and advertise notices, resolutions, orders, or other matters required by law.
| Maintain Fiscal Responsibility
• Oppose any state or federal unfunded mandates; those which do not provide for the direct or indirect reimbursement for the costs associated with complying with new and/or modified laws, rules, regulations, policies, procedures, permits and/or programs.
| Public Safety
• Support well balanced legislation and local funding that promotes preventative measures to limit impacts from natural disasters such as earthquakes and fires, including vegetation management, seismic building retrofits, and higher levels of wildfire structural resilience.
• Advocate for legislation that will support our local police department including legislation that utilizes professional input in matters that address use of force concerns; supports funding for homelessness and mental health outreach, and encampment remediation; provides local control over cannabis rules and enforcement; and continues to raise awareness regarding the deficiencies of Prop 57 with strategies to fix those deficiencies. | Regional Collaboration
• Support local, sub-regional, and state collaborations that seek to address homelessness as well as grant programs that provide direct funding to cities in order to implement local strategies. Recognize that each City’s homelessness challenges are unique and oppose a one-size fits programs and mandates. • Proactively support and advocate for initiatives, partnerships, funding, and programs to ensure veterans and their families have access to holistic services and resources including, but not limited to: physical and mental health, affordable housing, employment, and education.
Departmental Policy Statements
8 FY2025-2027 State & Federal Legislative Platform
| Regional Collaboration (General Government continued) • Support local, sub-regional, and state collaborations that seek to address homelessness as well as grant programs that provide direct funding to cities in order to implement local strategies. Recognize that each City’s homelessness challenges are unique and oppose a one-size fits programs and mandates. • Proactively support and advocate for initiatives, partnerships, funding, and programs to ensure veterans and their families have access to holistic services and resources including, but not limited to: physical and mental health, affordable housing, employment, and education.
COMMUNITY DEVELOPMENT • ECONOMIC DEVELOPMENT • TRANSPORTATION The legislative principles for the purpose of advocacy efforts as they relate to Community Development, Economic Development and Transportation:
| Preserve and Enhance Local Control
• Monitor land use issues and support measures that preserve local control over planning and zoning matters, including but not limited to housing development standards; parking standards; massage establishments; the banning or regulating of marijuana; the establishment and placement of group homes or sober living homes; development standards of accessory dwelling units; development in high fire hazard severity zones; and telecommunication, broadband and infrastructure operations. • Support measures, court cases, and similar efforts that provide municipalities with increased input and authority in the development of the Regional Housing Needs Assessment (RHNA), and related housing development guidelines (e.g. SB 79).
• Oppose air quality legislation that restricts the land use authority of cities. • Support legislation requiring the State of California to directly compensate cities for the loss in property value resulting from mandatory affordable housing covenants imposed on land sold or leased under the Surplus Land Act.
| Maintain Fiscal Responsibility
• Support continued or expanded funding as well as the expansion of the eligibility and allowable uses of the funding for the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development.
• Seek, promote, and implement any new or alternative approaches that may replace redevelopment funding mechanisms that deliver positive benefits to Glendora.
• Promote Economic Development and Infrastructure
• Support measures and grants that provide increased funding without loss of land use control for housing programs within the City, including incentives for affordable housing; amended Federal and State LowIncome Housing Tax Credit Programs; and private sector investment in housing projects. • Support legislation that provides tangible and productive tools and incentives to support job creation and retention, including job training and workforce development programs. • Support legislation that enhances the City’s efforts to attract new businesses and retain and promote the successes of existing local businesses.
• Support the creation or expansion of programs or incentives to support local business development and attraction efforts.
• Support legislation that expands transportation planning, funding, and voluntary incentives to include alternative modes of transportation, transportation demand management systems, an increasingly multi-modal perspective focusing on transit, alternative fuel vehicles, fleets, pedestrian ways, bikeways, multi-use trails and parking.
City of Glendora | 116 E Foothill Blvd | Glendora, CA 9 | Promote Economic Development and Infrastructure (Community Development continued) • Support measures and grants that provide increased funding without loss of land use control for housing programs within the City, including incentives for affordable housing; amended Federal and State LowIncome Housing Tax Credit Programs; and private sector investment in housing projects. • Support legislation that provides tangible and productive tools and incentives to support job creation and retention, including job training and workforce development programs. • Support legislation that enhances the City’s efforts to attract new businesses and retain and promote the successes of existing local businesses.
• Support the creation or expansion of programs or incentives to support local business development and attraction efforts.
• Support legislation that expands transportation planning, funding, and voluntary incentives to include alternative modes of transportation, transportation demand management systems, an increasingly multi-modal perspective focusing on transit, alternative fuel vehicles, fleets, pedestrian ways, bikeways, multi-use trails and parking.
| Regional Collaboration
• Support legislation that encourages regional and sub-regional entities to incorporate locally acceptable planning and urban design strategies developed in consultation with local governments to ensure local control, especially when those plans are tied to funding allocations.
RECREATION AND HUMAN SERVICES • LIBRARY
The legislative principles for the purpose of advocacy efforts as they relate to Community Services and the Library:
| Maintain Fiscal Responsibility
• Support legislation that establishes direct funding to local agencies for the development and rehabilitation of parks, libraries, public right of ways, and similar neighborhood and community serving facilities. • Support efforts to provide an expedited process for the fair distribution of State bond funds and other grant opportunities, without significant overhead taken by State and County agencies. • Oppose action that reduces or depletes services and funding sources created to enhance the community’s varying needs, including library programming.
• Advocate for the fair share distribution of funding programs, including those generated by revenue measures, that support service delivery and facility improvements. | Promote Economic Development and Infrastructure
• Support legislation that will help provide residents with safe, accessible services and facilities. • Support legislation that promotes content and service accessibility, competition, and consumer protection in the online and networked world.
• Advocate for libraries as sites of learning, where protected content will be continually available, distributed, used, and preserved to further knowledge, fostering the Constitutional purpose of the law “to advance the progress of science and the useful arts” to benefit the public. • Defend policies that ensure meeting facilities and exhibit space should be made available to members of a community on “an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.”
• Support policies that integrate recreation planning with broader economic development strategies, housing initiatives, and transportation planning.
10 FY2025-2027 State & Federal Legislative Platform
| Public Safety (Recreation and Human Services, Library continued) • Support legislation and funding for youth related prevention and intervention programs, including after school educational and recreational programs.
• Support legislation that strengthens safety requirements for youth sport coaches, including mandatory fingerprinting, background checks, and compliance with the California Department of Justice (DOJ) Live Scan standards.
• Advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information.
• Support legislation and funding that promotes libraries as centers for early education, literacy, career support, services for vulnerable populations and other educational programs that benefit a wide range of community members.
| Regional Collaboration
• Advocate for new homelessness initiative funding and fair homelessness funding formulas that acknowledge tax burdens, local planning, mental health, dependency, service, enforcement, and storage/cleaning needs. • Support initiatives and funding that leverage City and school partnerships that enhance neighborhood school sites as key City facilities (e.g. pool, middle school parks, etc.) • Support legislation with local, state, and federal funding that employ evidence-based best practice strategies to reduce the number of people experiencing homelessness by preventing homelessness for those at-risk; providing emergency and transitional housing; expanding affordable permanent housing; and promoting selfempowerment through counseling, job training, and other supportive services.
FINANCE • HUMAN RESOURCES
The legislative principles for the purpose of advocacy efforts as they relate to Finance and Human Resources:
| Preserve and Enhance Local Control
• Oppose any legislation that would make local agencies more dependent on the State for financial stability and policy direction.
• Oppose legislation that undermines and preempts local authority over local taxes and fees. • Oppose measures that would mandate upon local governments any additional and costly program for employee benefits without local control.
• Advocate for any effort that support a local government’s ability to achieve and/or maintain sustainable pensions.
• Oppose efforts which reduce local control over public employee matters by imposing additional regulations and costs by an outside agency.
| Maintain Fiscal Responsibility
• Oppose legislation that would impose unfunded mandates: support full cost reimbursement to the City for all federal, state and county-mandated programs.
• Support legislation that strengthens and expands ongoing revenue for the City; oppose any change in revenue allocations that would negatively (current or future) affect local government. • Support legislation that changes the allocation of sales tax for online purchases from the county pool and reallocates it to the City where the purchase is made.
• Engage and advocate for legislation or ballot measures to prevent the State from borrowing, raiding or otherwise redirecting local government funds such as local, property and sales taxes. • Continue to promote increased flexibility for the utilization of municipally generated revenues (i.e. – Public Education and Government fee, Utility Users Tax, Development Impact Fees, etc.). • Oppose efforts that would significantly alter Proposition 13 and the tax benefits that are currently provided to residents and businesses.
• Monitor State and Federal efforts to manage the rising cost of health insurance through legislation and urge officials to fully consider the financial impact on local governments.
City of Glendora | 116 E Foothill Blvd | Glendora, CA 11 • Oppose efforts to legislate changes in how the California Public Employee Pension System invests its assets if the proposed changes will result in a loss of funds or loss of the ability to enter into higher earning, safe investments.
• Support reform measures that provide sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services. • Oppose efforts by online travel companies to circumvent remittance of Transient Occupancy Taxes (TOT) from hotel reservations and short-term rentals purchased/acquired through online services. • Oppose any attempt to eliminate or limit the traditional tax exemption for municipal bonds. • Actively support initiatives to assure timely reimbursements to the City from State and Federal mandates. • Support efforts to maintain and expand the types of municipal investment-grade revenue bonds. • Advocate for legislation that supports the City’s ability to provide competitive and valuable employment opportunities and strengthens good faith negotiations between employee organizations and local agencies. • Support legislation that streamlines the workers’ compensation system and makes it easier for employers, employees, and health care providers to navigate.
• Support legislation that would control medical and legal costs related to workers’ compensation. • Support workers’ compensation reform that is inclusive of both safety and non-safety employees.
PUBLIC SAFETY
The legislative principles for the purpose of advocacy efforts as they relate to Public Safety:
| Preserve and Enhance Local Control
• Support legislation that would provide the City with more authority to regulate needle exchange programs proposing to operate within our jurisdiction.
| Maintain Fiscal Responsibility
• Oppose legislation or other administrative actions that seek to limit the police department’s ability to collect and utilize asset forfeiture funds for a wide variety of police services. • Support legislation on State and Federal funding, including grant opportunities, which target specialized local law enforcement and prevention programs including the Gang Reduction and Intervention Partnership (GRIP) program, and the Community Oriented Policing Services (COPS) program. • Seek continued financial assistance to deal with the impacts of AB109 (Public Safety Realignment) and Proposition 47 (Reduced Penalties for Some Crimes Initiative). This includes supporting legislation that addresses wrap-around services such as substance abuse counseling, mental health services, employment, medical and housing assistance.
• Advocate for legislation and funding that would take advantage of the latest technology to prevent and resolve crimes (i.e. the ability to use surveillance cameras, integrated video recording systems (body cameras), automatic license plate recognition, and DNA testing).
• Seek measures that encourage disaster preparedness and emergency planning, including funding to develop a permanent Emergency Operations Center (EOC) to further emergency management preparedness efforts.
Seek funding for recovery cost due to disasters.
• Seek State financial assistance for enforcement and regulation due to the passage of Proposition 64 and legalization of recreational marijuana.
• Support Office of Traffic Safety grant funding related to all aspects of traffic safety. | Public Safety
• Support for legislation that would address the wait time for 911 ambulances when transitioning patients at local hospitals and emergency rooms.
• Support legislation that assists in preventing and reducing crime, such as drug prevention programs, reducing gun violence, mental health initiatives, enhanced protective equipment, and solutions for homelessness. | Maintain Fiscal Responsibility (Finance, Human Resources continued) 12 FY2025-2027 State & Federal Legislative Platform
• Promote programs that help ensure public safety through the assistance and rehabilitation of individuals challenged with mental and/or substance abuse illnesses and increase awareness and training opportunities. • Support legislation for the prevention of Adolescent Cannabis use for the purposes of preventing persons under 21 years of age from accessing cannabis and cannabis products, unless otherwise specified. • Support legislation that prevents Human Trafficking, Sexual Assault and Domestic Violence. • Support Vehicle Code and Traffic Safety legislation.
• Support legislation that would expand the scope of a crime to a person who is prohibited from purchasing or possessing a firearm in any jurisdiction by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order issued in this state, and which includes a prohibition from owning or possessing a firearm. • Oppose legislation that would institute a program under which the length of a parolee’s period of parole would be reduced. | Regional Collaboration (Public Safety continued)
• Continue to support efforts to coordinate the development of telecommunications infrastructure within the region for use during large scale emergency situations. • Support and advocate for Federal assistance to aid the Interagency Communications Interoperability (ICI) System that includes seeking relief for communities that will lose public safety radio communication channels when the Federal government mandates reallocation of the “T-Band” spectrum in 2021, that is currently utilized by first responders in and surrounding communities. • Support initiatives involving County, State and Federal governments to reduce and prevent homelessness in Los Angeles County and provide funding for these efforts. • Support legislation and funding for the Urban Area Security Initiative (UASI) and other funding initiatives ad-ministered by the Department of Homeland Security to enhance the City’s ability to respond to regional or national threats.
• Support legislation for living with wildlife programs that provides for community education opportunities and funding for mitigative measures, when needed.
PUBLIC WORKS
The legislative principles for the purpose of advocacy efforts as they relate to Public Works:
| Preserve and Enhance Local Control
• Oppose efforts that seek to remove local regulatory authority on wireless infrastructure development. | Maintain Fiscal Responsibility
• Support measures that pursue new funding and preserve existing Regional, State, and Federal funding opportunities, including but not limited to Federal Highway Safety Improvement Program and Congestion Management Air Quality Funds; State Cap and Trade, High Speed Rail, Gas Tax, and Active Transportation funds; and Regional Measure M, Measure R, Proposition A, and Proposition C (Transportation Sales Tax) funds, to mitigate traffic congestion and maintain/improve the City’s infrastructure including but not limited to the preservation, maintenance, rehabilitation, and development of local street and road systems. • Support measures that seek to reevaluate the method and manner in which the State and Federal gas taxes are collected and allocated fairly to local jurisdictions.
WATER AND OTHER UTILITIES
The legislative principles for the purpose of advocacy efforts as they relate to Water and other Utilities:
| Preserve and Enhance Local Control
• Support measures that uphold the ability of locally elected city councils to regulate and manage their publicly owned water and electric utilities so that local policy making authority is not eroded by State or Federal agencies, authorities, or other regulatory bodies, and keeps local funding from being transferred to State or Federal control.
City of Glendora | 116 E Foothill Blvd | Glendora, CA 13 • Support local control of groundwater uses and groundwater rights. • Oppose actions by Regional Water Quality Control Boards that impose mandates on cities that exceed State or Federal regulations and/or are outside their jurisdictional authority to impose or enforce. | Maintain Fiscal Responsibility
• Oppose efforts by the State or Legislature that would impose Public Benefit requirements on water utilities that transfer funding to the State for redistribution. Local benefits efforts should retain that funding for exclusive local use.
• Support legislation that minimizes municipal borrowing costs to the benefit of ratepayers, such as preservation of the tax-exempt status of municipal bonds for infrastructure investments. • Seek additional County, State and Federal funding to help meet mandated stormwater requirements. • Support efforts that seek to bring Federal sources of funding to California for water infrastructure development. • Oppose unfunded Federal and State legislative mandates on water and electric utilities, including any stemming from the action of regulatory agencies.
• Support State and Federal funding for water ecosystem projects that are cost-effective; direct beneficiaries and cost causers should fund their fair share of infrastructure project costs that provide long-term benefits to the State and its inhabitants.
• Actively pursue legislation and funding that support water conservation measures including, but not limited to awareness, water storage, drought-resistant landscaping and permeable surfaces. • Support legislation that ensures the best interests of ratepayers with respect to cost, value, quality, safety and reliability of infrastructure and resources are considered, and that there are useful benefits in relation to implementation costs for programs.
• Promote economic development and infrastructure.
• Support legislation that ensures environmental stewardship and drought mitigation is consistent with the goals that have been endorsed by the City Council, and such legislation is balanced with the need for reliable, costeffective service that does not act as a disincentive to local employers staying in California. | Public Safety
• Support legislative and administrative efforts to adopt cost-effective, science-based drinking water quality regulations.
| Promote Economic Development and Infrastructure
• Support legislation that ensures environmental stewardship and drought mitigation is consistent with the goals that have been endorsed by the City Council, and such legislation is balanced with the need for reliable, costeffective service that does not act as a disincentive to local employers staying in California. | Regional Collaboration
• Support measures to improve water supply and drinking water quality in the region where cost causation principles are employed, and users/beneficiaries pay for the costs of those measures. • Support administrative and legislative plans that foster the California Water Fix, a comprehensive ecosystem restoration and protection plan for the Delta, as the best alternative to meet California’s co-equal goals of water supply reliability and Delta ecosystem restoration. • Support legislation that exempts stormwater capture facilities from California Department of Fish and Wildlife review and permitting process. Requirements to permit debris basin clean out significantly delays the process, which may endanger residents in the event of storms.
• Oppose new regulations that do not allow appropriate time and resources for compliance. | Preserve and Enhance Local Control (Water continued)
14 FY2025-2027 State & Federal Legislative Platform
INFORMATION TECHNOLOGY
The legislative principles guiding the City’s for the purpose of advocacy efforts as they relate to Information Technology:
| Preserve and Enhance Local Control
• Supports responsible and ethical implementation of artificial intelligence and emerging technologies that improve municipal operations and public engagement, while advocating for clear standards related to transparency, privacy, risk management, and accountability. • Supports investment in broadband infrastructure and digital equity initiatives, sustainable lifecycle funding for technology systems, and policies that preserve local authority over data governance and technology implementation decisions.
| Maintain Fiscal Responsibility
• Supports flexible technology procurement options, including cooperative purchasing and state contract vehicles, to ensure cost-effective acquisition of technology solutions. | Promote Economic Development and Infrastructure
• Advocates for policies that enable modernization of digital government systems, including electronic records management, digital signatures, secure cloud services, modern agenda, and public meeting platforms, and improved electronic noticing methods to enhance transparency and operational efficiency. | Public Safety
• Supports legislation and funding that strengthen cybersecurity protections for local governments, including resources for threat detection, ransomware prevention, CJIS compliance, and critical infrastructure protection, while opposing unfunded mandates that impose technical or reporting requirements without sustainable funding or reasonable implementation timelines.
ARTIFICAL INTELLIGENCE & DIGITAL COMMUNICATIONS
The legislative principles guiding the City’s advocacy efforts as they relate to Artificial Intelligence and Digital Communications:
| Preserve and Enhance Local Control
• Supports policies that preserve local authority over official social media accounts and digital communications platforms, protect First Amendment principles, clarify public records retention obligations for digital content, and address misinformation, impersonation, and election-related deepfake risks that may undermine public trust in local government.
| Maintain Fiscal Responsibility
• Opposes unfunded mandates or premature restrictions that limit the ability of local governments to responsibly evaluate and implement emerging technologies.
| Regional Collaboration
• Supports responsible and transparent use of artificial intelligence and automated technologies to improve municipal operations, service delivery, records management, and public engagement, while advocating for clear statewide standards regarding procurement, risk assessment, data governance, algorithmic transparency, and public disclosure.
City of Glendora | 116 E Foothill Blvd | Glendora, CA 15 Appendix A
Glendora Elected Officials
California United States Congress
Name Washington Address Washington Numbers Local Address Local Numbers Judy Chu 2423 Rayburn HOB 202) 225- 5464 527 S. Lake Ave, Ste. 250 (626) 304-0110 (28th District) Washington, DC 20515 (202) 225-5467 Fax Pasadena, CA 91101 (626) 304-0132 Fax Gil Cisneros 2463 Rayburn HOB (202) 225-5256 100 S. Citrus Ave Suite 204 (626) 646-0369 (31st District) Washington, DC 20515 (202) 225-0027 Fax Covina, CA 91723 California United States Senators
Name Washington Address Washington Numbers Local Address Local Numbers Alex Padilla 331 Hart Senate Office (202) 224-3553 (310) 231-4494 Blvd (202) 224-2200 Fax 255 E. Temple St, Ste 1860 (202) 224-0357 Fax Washington, DC 20510 Los Angeles, CA 90012
Adam Schiff
112 Hart Senate Office
(202) 224-3841
4111 W. Alameda Ave,
Ste 608
Burbank, CA 91505
(818) 303 - 3841
Bldg. (202) 228-3954 Fax
Washington, DC 20510
California Governor
Name Capitol Address Capitol Numbers Fax Number
Gavin Newsom 1303 10th Street, Suite 1173 Sacramento, CA 95814 (916) 445-2841 (916) 558-3160 California State Assembly Member
Name Capitol Address Capitol Numbers Local Address Local Numbers Blanca E. Rubio
State Capitol (916) 319-2048 100 N. Barranca St,
Ste. 895
(626) 960-4457
(48th District) PO Box 942849 (916) 319-2148 Fax (626) 960-1310 Fax Sacramento, CA 94249 West Covina, CA 91791
California State Senator
Name Capitol Address Capitol Numbers Local Address Local Numbers Sasha Renee Perez 1021 O St. Suite #6720 (916) 651-4025 Pasadena Office: Pasadena Office:
(25th District) Sacramento, CA 95814
(626) 304-1086
215 N. Marengo Ave Ste 380
Pasadena, CA 91101
Los Angeles County Board of Supervisors
Name Downtown Address Downtown Numbers Local Address Local Numbers Kathryn Barger
(5th District)
500 W. Temple St, Rm 869
Los Angeles, CA 90012
(213) 974-5555
(213) 974-1010 Fax
615 E. Foothill Blvd, Ste. A
San Dimas, CA 91773
(909) 394-2264
16 LEGISLATIVE ADVOCACCY PROGRAM
SECTION or POLICY NO:
No. 1.12
ORIGINATING DEPT:
City Manager
Reference:
Administrative Policy
SUPERSEDES:
2019 Legislative Advocacy Program
NEW EFFECTIVE DATE: PAGE 1 of 6
APPROVED BY:
City Council Resolution CC 2026 -
Prepared by: Finance Page 1 of 3
Policy Objective:
To provide guidance on how to implement the Legislative Platform adopted by the City Council. The policy is aimed at prompt and transparent repose to pending county, state and federal legislation affecting Glendora and its municipal interests.
Authority:
The original Administrative Policy governing the City’s stance on legislative items was adopted by the City Council in 1977 and was more recently updated in 2013. This policy, and all future updates are adopted via Resolution of the City Council.
Assigned Responsibility:
City Manager or their designee.
Definitions:
Correspondence:
Pursuant to this policy, “correspondence” is generally referred to as communication in the formal letter format. However, correspondence shall be considered any communication expressing an opinion on proposed legislation, including, but not limited to: emails, phone calls, and text messages.
Individual Views:
It is recognized that preparing a letter of support or opposition is not intended to indicate that every member of the City Council shares the same opinion on proposed legislation. Any action to support or oppose proposed legislation reflects the overall views City Council body and not individual member.
Further, any proposed action to support or oppose proposed legislation does not reflect the individual views of any singular staff member.
Any Councilmember may express their personal views as an individual Councilmember, taking care to clearly identify those views as their personal opinion and not the views of the City.
Any City staff member may express their personal views as a private citizen, taking care to clearly identify those views as their personal opinion and not the views of the City.
Policy Title – effective date