Glendora City Council
June 23, 2026

INNOVATIVE INTERFACES INCORPORATED

SUBSCRIPTION LICENSE AGREEMENT
This Subscription License Agreement (“License Agreement”) is entered into by and between Innovative Interfaces Incorporated, a California corporation (“Innovative”), and the party identified as Client below (“Client”), as of the “Effective Date” also set forth below.

Client City of Glendora
Address 140 South Glendora Avenue
Glendora CA 91741-3499
Customer No. CU5181
Effective Date February 3, 2022
Initial Term 60 Months

1. Definitions.
“Go-Live Date” means the Client’s first use of the Software in a production environment. “GTCs” means the Innovative Interfaces Incorporated Subscription License Agreement General Terms and Conditions in Exhibit B.
“Support Terms” means the Innovative Interfaces Incorporated Maintenance and Support Terms and Conditions in Exhibit C.
“Hosting Terms” means the Innovative Interfaces Incorporated Hosting Terms and Conditions in Exhibit D.

2. General. Innovative and Client agree that this License Agreement is a binding agreement between the parties and is governed by the GTCs, Support Terms and, if the attached Pricing Exhibit indicates that Client has purchased hosting services, then the Hosting Terms, all of which are made a part hereof. This License Agreement, the GTCs, Support Terms, Hosting Terms, if applicable, and all other exhibits, schedules and terms and conditions referenced by or in this License Agreement, the GTCs, Support Terms or Hosting Terms together constitute the “Agreement.” Client acknowledges and agrees that it has had the opportunity to review the Agreement, including without limitation, the GTCs, Support Terms and Hosting Terms, prior to the execution of this License Agreement.

Unless otherwise specified, capitalized terms in this License Agreement have the same meaning as those in the GTCs. This Agreement is governed by and interpreted in accordance with the internal substantive laws of the State of New York, without regard to any other laws that would require the application of the laws of another jurisdiction.

Application of the U.N. Convention on Contracts for the International Sale of Goods is hereby excluded.

In consideration of Innovative’s grant to Client of a subscription license to the Software as described within Exhibit A and its continued grant to Client of subscription licenses to the software identified as Currently Licensed Software in Exhibit A, Client acknowledges, and the parties agree, that contemporaneously with Client’s first use of the Software identified in Exhibit A in a production environment, all other existing software subscription agreements and associated purchase orders between the parties for the software identified as Currently Licensed Software in Exhibit A (“Prior Subscription Agreement(s)”), (i) will be deemed to be immediately terminated by the parties’ mutual written agreement and (ii) all such software subscriptions under the Prior Subscription Agreement(s) and associated purchase orders will be deemed Software (as defined in the GTCs) licensed and supported under the terms of this License Agreement.

DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

EXHIBITS TO LICENSE AGREEMENT

A PRICING EXHIBIT & CURRENTLY LICENSED SOFTWARE

B GENERAL TERMS AND CONDITIONS

C MAINTENANCE AND SUPPORT TERMS AND CONDITIONS

D HOSTING SERVICES TERMS AND CONDITIONS
In witness whereof, the parties have executed this Agreement by their duly authorized representatives as of the Effective Date.

CLIENT: City of Glendora
Signature:

Name: Adam Raymond
Title: City Manager

CERTIFY AVAILABILITY OF FUNDS
Signature
Name: Marie Ricci
Title: Administrative Services Director / City Treasurer ATTEST
Signature
Name: Kathleen R. Sessman
Title: City Clerk / Communications Director
INNOVATIVE: Innovative Interfaces Incorporated
Signature
Name: Thomas Jacobson
Title: VP, Executive Library Advocate & Strategist
Email: [email protected]
DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47 May 11, 2022 | 3:23 PM PDT
May 19, 2022 | 3:44 PM PDT
May 19, 2022 | 4:30 PM PDT
May 19, 2022 | 4:53 PM PDT

Exhibit A
Pricing Exhibit

1. Fees. All Fees must be paid to Innovative within 30 days from the invoice date or as stated on the invoice if different. Innovative may pro-rate Client’s Fees to align all of Client’s subscriptions to a single annual billing cycle.

2. Term. Subject to the early termination provisions set forth in the GTCs, this Agreement will be effective for an initial term of five (5) years following the Go-Live Date (the “Initial Term”). This Agreement will be automatically renewed for additional one (1) year terms (each, a “Renewal Term” and, together with the Initial Term, the “Term”), unless either party gives the other not less than ninety (90) days’ prior written notice of its intent to terminate this Agreement effective as of the end of the then-current Term. Innovative will have the right to increase rates hereunder by 5% over the previous year. [APPROVED SOFTWARE LICENSE QUOTE FOLLOWS THIS PAGE]
Currently Licensed Software
Product Description Qty Fees Annual Billing Cycle
Polaris Syndetics Subscription 1 $866.36 (2021) September 1 through August 31 eContent Integration Subscription (Overdrive) 1 $1,691.31 (2022) January 1 through December 31 DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47 Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States
Pricing Exhibit
Date 1/6/2022
Quote # EST-INC14455
Payment Terms Net 30
Overall Contract Term (Months) 60
Contract Start Date
Contract End Date
Sales Rep Michael Carney
Site Code GLEN
Expires 4/1/2022
Bill To
City of Glendora
140 South Glendora Avenue
Glendora CA 91741-3499
United States
Ship To
City of Glendora
140 South Glendora Avenue
Glendora CA 91741-3499
United States
Currency
US Dollar
Item Item Category Qty Description Options Original Rate Discounted Rate Amount Discount Polaris
Multi-Tenant
Hosting -

US/APAC
License - Term 1 Multi-Tenant Cloud Hosting
environment for Polaris in production
enables libraries to eliminate the
overhead of maintaining an on
premise server for Polaris ILS When
Polaris is hosted, Innovative takes
responsibility for release upgrades,
backups, and system / environment
maintenance & security updates.

Includes Terminal services, PAC
services, Reporting services,
Screwdriver services
13,000 6,999.99999398 7,000.00 46.1538%
FirstYear Total US$7,000.00
DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

Exhibit B
Innovative Interfaces Incorporated
Subscription License Agreement
General Terms and Conditions
Unless otherwise specified, capitalized terms in these GTCs have the same meaning as those in the License Agreement.

1. Software License.
a. Subject to the terms and conditions of this Agreement, including without limitation Client's payment of all of the Fees (defined below) due hereunder, Innovative hereby grants to Client a limited, nonexclusive, non-sublicensable, nontransferable license to use the components of its software applications, modules, and other products that are listed in the Pricing Exhibit to the License Agreement (collectively, the "Software"). The license granted in the preceding sentence will be for the duration of the term of this Agreement and will automatically expire upon the termination or expiration of this Agreement or as otherwise specified in this Agreement. b. Client and, where applicable, its Authorized Users (defined below) may use the Software (including any Client Configurations) (i) only for the management of the library and for servicing its patrons (including permitting Authorized Users to search library catalogues), and not on an outsourced basis, as a service bureau, for resale, or similarly on behalf of or for the direct or indirect benefit of third parties, and (ii) only in accordance with the other terms of this Agreement. Client will be responsible for its Authorized Users' compliance with the terms hereof.

Without limiting the foregoing, Client agrees that it and its Authorized Users will: (i) comply with all applicable laws regarding the transmission of data, including, without limitation, any applicable export control and data protection laws; and (ii) not use the Software for illegal purposes. c. Subject to Section 11 (Client Configurations), other than Innovative, no one is permitted to copy, modify, reverse engineer, decompile, or disassemble the Software, create derivative works thereof, or separate the Software into its component files. All rights to the Software that are granted to Client in this Agreement are limited to the object code versions of the Software and in no event will Client be deemed to have any right, title or interest in the source code of the Software.
d. The Software may be used by the base number of Client's worldwide employees, third-party auditors, agents and contractors ("Authorized Users") set forth in the Pricing Exhibit to the License Agreement for such Software and such additional Authorized Users as may be hereafter identified to Innovative by Client for which Client pays the additional Fees referred to in Section 4(a) of this Agreement. Each Authorized User license is allocable to a single full-time user of the Software and may be transferred to another user only on a full-time basis.

Authorized User license(s) may not be shared on a part time or concurrent user basis. For the avoidance of doubt, Client patrons do not fall within the restrictions of Authorized Users. e. The license granted to Client pursuant to this Agreement will include, at no additional cost, a license to use all new scheduled major releases, service pack releases, and hot fixes of the Software offered generally by Innovative to its clients during the term of this Agreement (collectively, "New Releases"). "New Releases" do not include new or additional modules, applications or other software now or hereafter offered by Innovative, each of which require a separate license and payment of additional license fees. The term “Software” will be deemed to include New Releases. Except to the extent that Client purchases Innovative’s hosting service, additional fees at Innovative's then-prevailing professional service rates will apply for implementation of New Releases. f. Innovative offers support for the Software in accordance with the Support Terms, the terms of which are incorporated by reference herein.
g. The license granted hereunder grants Client the right to use a single production instance (copy) of the Software and up to two (2) additional instances (copies) of the Software for non-production use at no additional charge. All copies of the Software are subject to the terms of this Agreement. Non-production use includes training, development, testing, quality assurance, staging or preproduction provided that the copies of the Software are not used in a production environment or as a backup to production. Except to the extent expressly set forth in a License Agreement, this license grant does not provide Client with any rights to hosting services.

DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

h. If, during the Term of this Agreement, Innovative discontinues any Software, then Innovative will deliver to Client notice to such effect no less than twelve (12) months prior to the discontinuation of such Software and Client’s annual Fees will be decreased a pro-rated amount equal to the annual line item Fees for that Software starting in the next years’ annual invoice.

2. Acceptance. Following the execution of the Agreement by the parties, Innovative will deliver the Software, in its preconfigured, out-of-the box format, to Client (i) via the Internet, if Client has purchased hosting services from Innovative pursuant to the Hosting Terms or (ii) by making it available to Client to download via an FTP site or other mutually agreed upon method, if Client has not purchased hosting services from Innovative pursuant to the Hosting Terms. Client will be deemed to have accepted that the out-of-the box Software has been delivered upon initial download or receipt.

3. Ownership.
a. All Intellectual Property Rights (defined below) in the Software and also including, without limitation, all improvements, enhancements, modifications, Client-specific upgrades, or updates to the Software, developed by either party, solely or jointly (collectively, "Innovative Products"), will remain the exclusive, sole and absolute property of Innovative or the third parties from whom Innovative has obtained the right to use the Innovative Products. Intellectual property created by Innovative pursuant to this Agreement, or any other party at the request or direction of Innovative, will be owned by Innovative. "Intellectual Property Rights" means any and all intellectual property rights existing from time to time under any law or regulation, including without limitation, patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, or privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations of any of the foregoing, now or hereafter in force and effect worldwide. Client hereby assigns to Innovative all right, title and interest in any feedback and suggestions it provides to Innovative regarding the Software or other products commercialized by Innovative now or in the future. This Agreement does not convey to the Client any interest in or to the Innovative Products or any associated Intellectual Property Rights, but only a limited right to use the Software to the extent set forth in this Agreement, which right is terminable in accordance with the terms of this Agreement and is otherwise subject to the limitations, restrictions, and requirements contained herein. If Client configures or otherwise modifies the Software using an API licensed hereunder, Client will also have a license to use such configurations or modifications as part of the Software on the terms set forth in Section 1. Rights not expressly granted to the Client are hereby expressly reserved by Innovative. b. For purpose of this Agreement, as between Innovative and Client, any Intellectual Property Rights in the Innovative Products to the extent owned by any third party will be and remain the exclusive property of such third party. The Software may include third-party software and products, which are described in the documentation and/or Specifications made available to Client by Innovative, and any third-party pass-through terms relating to such thirdparty software and products are identified therein (or by other mode of disclosure). c. Except as expressly stated herein, Client will exclusively have and retain all right, title and interest, including all associated Intellectual Property Rights, in and to data that Client enters into the Software or disclosed by Client to Innovative in its performance hereunder ("Client Data"), and, as between Client and Innovative, such Client Data will remain the sole property of Client. Client hereby grants to Innovative a license to use Client Data (i) to process the Client Data pursuant to Client's business requirements, (ii) for maintenance and support of the Software, (iii) to collect and use aggregate, non-identifying and anonymized data, and (iv) for research and development purposes.

Client acknowledges and agrees that it will have no rights in any products or services created or sold by Innovative or its affiliates that use any of the Client Data in the manner set forth in (iii) or (iv) of the preceding sentence. To the extent that applicable law requires any permissions or authorizations to have been obtained prior to submission of Client Data to Innovative (including without limitation from individuals to whom the data pertains), Client warrants and covenants that it (and its Authorized Users, as applicable) will have first obtained the same permissions or authorizations prior to transmitting such data to Innovative. Client will defend, indemnify and hold harmless Innovative in the event of any third-party claim arising from a breach of the aforesaid warranty and covenant.

4. Fees; Expenses; Payment Terms.
a. In consideration of receiving a limited license to use the Software, Client will pay the fees set forth in the Pricing Exhibit to the License Agreement (the “Fees”) on the terms set forth therein. Initial invoicing under this Agreement will occur when the Software is initially delivered to Client per Section 2; subsequent renewal invoices will be sent to Client prior to the date such payment is due. Invoices for any Renewal Terms may be provided to DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

Client up to 90 days prior to the effective date of such Renewal Term. Client will notify Innovative in writing if Client hereafter requires additional Authorized Users or additional Software modules, and will pay the fees for such additional Authorized Users or additional Software modules in accordance with the terms set forth on the invoice for such fees. The Software may, from time to time, electronically transmit to Innovative reports verifying the type and number of Authorized Users, and Innovative may utilize license keys or other reasonable controls to enforce Authorized User license limitations. Client will cooperate with Innovative in all such efforts. b. Fees for additional Third-Party Software, hardware and services are subject to change and will be quoted at the then current rate.
c. All Fees are exclusive of all taxes and similar fees now in force or enacted in the future or imposed on the delivery and license of the Software, all of which Client will be responsible for and will pay in full, other than taxes based on Innovative’s net income. Client will provide Innovative its state issued Direct Pay Exemption Certificate (or equivalent certificate), if applicable, upon execution of this Agreement. In the event an applicable taxing authority, as a result of an audit or otherwise, assesses additional taxes for goods or services sold under this Agreement at any time, Client and not Innovative will be solely responsible for payment of such additional taxes and all costs associated with such assessment, including without limitation, interest, penalties and attorney’s fees.

Additionally, should Client be required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to Innovative hereunder, then the sum due to Innovative will be increased by the amount necessary to yield to Innovative an amount equal to the sum Innovative would have received had no withholdings or deductions been made.
d. Where this Agreement establishes a due date for a payment and/or a recurring method for payment, payment will be due and payable on such due date and/or according to the method specified. Other fees or expenses charged pursuant to this Agreement will be paid at the amounts set forth in the invoice within 30 (thirty) days of the date of the invoice. All amounts stated herein and all Fees determined hereunder are in U.S. Dollars, unless otherwise required by applicable law.
e. Any invoices not paid when due will accrue interest at the rate of 1% per month or the maximum rate permitted by law, whichever is greater.

5. Limited Warranty.
a. Innovative warrants, solely for the benefit of Client, that:
i. It has the corporate power and authority to enter into this Agreement and to grant Client the license to the Software hereunder; and
ii. The Software will conform in all material respects to the applicable technical documentation for the Software provided to Client by Innovative and expressly identified by Innovative as the specifications for the Software (collectively, the "Specifications").
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR (i) THE WARRANTIES EXPRESSLY STATED ABOVE IN THIS SECTION AND (ii) ANY WARRANTY, REPRESENTATION OR

CONDITION TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW,

INNOVATIVE AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS MAKE NO

REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL

WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER

ARISING BY OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF PERFORMANCE OR

OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE

FOREGOING, INNOVATIVE AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND

SUPPLIERS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY,

THAT THE SOFTWARE OR OTHER DELIVERABLES PROVIDED BY OR ON BEHALF OF INNOVATIVE WILL SATISFY CLIENT'S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECTFREE OR UNINTERRUPTED OR AVAILABLE ON THE INTERNET, OR THAT ALL PRODUCT DEFECTS WILL BE CORRECTED. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 5(a), THE SOFTWARE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT ANY GUARANTEES

REGARDING QUALITY, PERFORMANCE, SUITABILITY, TIMELINESS, SECURITY, DURABILITY, DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

INTEGRABILITY OR ACCURACY, AND CLIENT ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR

SELECTION, USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF USE THEREOF, INCLUDING ALL CONTENT GENERATED THROUGH USE THEREOF.
c. As the exclusive remedy of Client for a breach of the limited warranties set forth in Section 5, for any error or other defect for which Innovative is solely responsible, Innovative will, at its option, either (i) correct or repair the Software, or (ii) accept termination of this Agreement and refund the unused balance of any prepaid Fees for the Software, prorated for the period commencing on the date the error or defect was reported by Client to Innovative and continuing throughout the balance of the period to which such Fees apply. None of the above warranties or remedies in this Section 5 will apply with respect to any Software that has been damaged or modified by any party other than Innovative, or used in a manner for which the Software is not designed or intended.

6. LIMITATIONS ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT WILL INNOVATIVE BE LIABLE FOR LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL,

INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES WHATSOEVER,

EVEN IF INNOVATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY WERE OTHERWISE FORESEEABLE. INNOVATIVE’S TOTAL LIABILITY FOR TORT, CONTRACT AND OTHER

DAMAGES WILL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO INNOVATIVE BY CLIENT UNDER

THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH A CLAIM IS FIRST ASSERTED AGAINST INNOVATIVE. INNOVATIVE WILL NOT BE LIABLE FOR ANY CLAIM

OR DEMAND AGAINST CLIENT BY ANY THIRD PARTY EXCEPT FOR THE INDEMNIFICATION SET FORTH IN SECTION 7. THESE LIMITATIONS OF LIABILITY WILL APPLY TO ALL CLAIMS AGAINST INNOVATIVE IN THE

AGGREGATE (NOT PER INCIDENT) AND TOGETHER WITH THE DISCLAIMER OF WARRANTIES ABOVE WILL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT.

7. Indemnification.
a. If a third party files a legal action in a court of competent jurisdiction against Client claiming the Software, as delivered to Client by Innovative, directly infringes such third party’s U.S. copyright or U.S. patent, Innovative will defend Client against such legal action, provided that Client promptly notifies Innovative in writing of the legal action and fully cooperates with Innovative in the defense of such legal action. Innovative will also indemnify Client from all damages and out-of-pocket costs (including reasonable attorneys’ fees) finally awarded by a court of competent jurisdiction in connection with any such legal action, or agreed to by Innovative in a settlement. Innovative will control all aspects of the defense and conduct the defense and any settlement negotiations in any such third-party legal action. This indemnification is limited to the Software in the form delivered to Client and does not cover claims arising from (x) modifications thereto not made by Innovative, or, even if by Innovative, at the request of Client; (y) use of the Software in combination with other software or items not provided by Innovative, or (z) third party modifications (including addition of source code) to the Software. b. As the exclusive remedy of Client under the limited indemnity set forth in Section 7.a, if the use of the Software by Client is enjoined, Innovative will, at its sole option: (i) obtain for Client the right to continue to use the Software, (ii) modify the Software to remove the cause of the legal action, (iii) replace the Software at no additional charge to Client with a substantially similar, non-infringing product, which will then be subject to the provisions of this Agreement, or (iv) terminate this Agreement and refund to Client that portion of the Fees allocable to the infringing component of the Software, prorated for the period Client’s use of the Software is enjoined. None of the above warranties or remedies will apply with respect to any element of the Software that has been modified by any party other than Innovative, or used in a manner for which the Software is not designed or intended. This Section states Innovative’s entire liability and Client’s exclusive remedies for infringement of intellectual property rights of any kind.

8. Confidentiality.
a. Client acknowledges that all documentation, audit reports, technical information, software, Specifications and other information pertaining to the Software, and/or Innovative's business interests or activities, product pricing, financial information, methods of operation or customers that are disclosed by any party to Client in the course of performing this Agreement or any ensuing business arrangement are the confidential and proprietary information of Innovative. Innovative acknowledges that Client Data and other proprietary Client materials are the confidential information of Client. The information and materials described in the preceding sentences is referred to herein as "Confidential Information." Notwithstanding the foregoing, the term "Confidential Information" does not include DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

information pertaining to a party if (i) such information is generally known to the public through no improper action or inaction by the other party, (ii) was, through no improper action or inaction by the other party, in the possession of the other party prior to the Effective Date, or (iii) rightly disclosed to the other party by a third party if such disclosure does not violate the terms of any confidentiality agreement or other restriction by which such third party may be bound.
b. All Confidential Information will be held in confidence and may not be copied, used or disclosed other than as set forth in this Agreement. Each party must take all reasonable efforts to protect the confidentiality of and prevent the unauthorized use of any such Confidential Information by any third party within such party's control. Each party may disclose Confidential Information (i) to the receiving party's employees and contractors required to have access to such Confidential Information for the purposes of performing this Agreement or using the Software, provided each party hereto notifies its employees and contractors accessing such Confidential Information of the confidentiality obligations in this Section 8; or (ii) if such disclosure is in response to a valid order of any court, statute, or other governmental body ("Order"), in which event, the disclosing party must use reasonable efforts to provide the other party with prior notice of such Order, to the extent legally permitted to do so and in accordance with the Order. Under no circumstances will Confidential Information received from Innovative be disclosed to any competitor of Innovative without Innovative's advance written permission. c. Recognizing any improper use or disclosure of any Confidential Information by either party may cause the party whose Confidential Information is improperly used or disclosed irreparable damage for which other remedies may be inadequate, a party whose Confidential Information is improperly used or disclosed will have the right to petition for injunctive or other equitable relief from a court of competent jurisdiction as appropriate to prevent any unauthorized use or disclosure of such Confidential Information. d. If the parties have previously executed a nondisclosure agreement ("NDA"), any Confidential Information exchanged pursuant to such NDA will remain confidential, and will as of the date of the execution of this Agreement be deemed Confidential Information within the meaning of this Agreement and also be governed by the terms hereof.

9. Term; Termination.
a. The term of the Agreement is set forth in the Pricing Exhibit to the License Agreement. b. If either party hereto fails to perform or comply with any material term or condition of this Agreement, specifically including Client’s failure to pay any Fees (such party being the “Breaching Party”), and such failure continues unremedied for 30 (thirty) days after receipt of written notice, the other party may terminate this Agreement. Notwithstanding the foregoing, if the Breaching Party has in good faith commenced to remedy such failure and such remedy cannot reasonably be completed within such 30-day period, then the Breaching Party will have an additional 30 (thirty) days to complete such remedy, after which period the other party may terminate this Agreement if such failure continues unremedied.
c. Client may terminate this Agreement at any time during the Initial Term effective as of the date of the next annual anniversary of the Effective Date if Client’s budget (funding) is eliminated and Client provides written evidence to Innovative of the elimination of Client’s budget (funding), such evidence to be in the form and substance reasonably requested by Innovative.
d. Except for a termination by Client pursuant to Section 9.b., and unless as otherwise set forth in this Agreement, upon any termination of this Agreement, all prepaid Fees will be nonrefundable and Client will be responsible for all Fees and expenses for the Software provided prior to and as of the date of termination. Any termination of this Agreement will not waive or otherwise adversely affect any other rights or remedies the terminating party may have under the terms of this Agreement. Upon termination of this Agreement, the rights and duties of the parties will terminate, other than the obligation of the Client to pay Fees and costs in accordance herewith, and the obligations of the parties pursuant to Section 1.c. (Software License), Section 3 (Ownership), Section 4 (Fees; Expenses; Payment Terms), Section 6 (Limitations on Liability), Section 7 (Indemnification), Section 8 (Confidentiality), Sections 9.d. and 9.e. (Termination), Section 11 (Client Configurations) and Section 13 (General). Within 30 (thirty) days of receipt of a written request following a termination of this Agreement, each party must return or destroy all Confidential Information of the other party, as requested in writing by the other party.

Notwithstanding the foregoing, a party will not be obligated to destroy data containing Confidential Information of the other party when it would be commercially impracticable for the receiving party to do so (for example, when DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

Confidential Information is contained in e-mail stored on backup tapes or other archival media), but for so long as such receiving party is in possession of such Confidential Information of the other party, the terms of Section 8 (Confidentiality) hereof will continue to restrict the receiving party’s use or disclosure of such Confidential Information. Neither party will be liable to the other for any termination or expiration of this Agreement in accordance with its terms.
e. Following termination of this Agreement, Innovative has no duty whatsoever to deliver to Client any parts of its programming, data model, or any other information regarding which Innovative claims a proprietary or Intellectual Property Right. To the extent that Innovative is requested to perform any services for Client in connection with the termination of this Agreement (including without limitation providing Client with a copy of Client Data in a commercially-standard format to be agreed upon by the Parties), such service will be performed pursuant to a written statement of work under a separate professional services agreement and paid for by Client, applying Innovative’s then-current rates for daily/hourly work, as the case may be.

10. Third Party Software. The Software may contain third-party and/or “open source” code provided under third-party license agreements. The terms and conditions of such third-party license agreements will apply to such source code in lieu of these terms, where applicable, and Client is responsible for compliance therewith. A listing of certain third-party and/or open source code contained in the Software, the respective license terms applicable to such code, and certain related notices are included in the documentation and/or Specifications made available to Client by Innovative. Except as required for the authorized use of the Software as contemplated herein, Client may not use any name or trademark of any supplier of third party or open source code without such party’s prior written authorization.

11. Client Configurations. Client will be permitted to use one or more application programming interfaces (APIs) made available by Innovative to configure the Software hereunder in accordance with the Specifications (such configurations or other modifications, “Client Configurations”). Client will not use any other API to modify or configure the Software. No API may be used to create any Client Configuration that, in whole or in part, mimics any material functionality of any software or service developed or marketed by Innovative or that would reasonably be deemed competitive to any software or service developed or marketed by Innovative if the Client Configuration were to be released to the public market. Innovative disclaims all representations and warranties, express or implied, regarding Client Configurations and assumes no liability whatsoever with respect to Client Configurations. Client agrees to indemnify and hold harmless Innovative from all damages and out-of-pocket costs (including reasonable attorney fees) for any third-party action based on a claim that any Client Configuration infringes a copyright or a patent, or constitutes an unlawful disclosure, use or misappropriation of another party's trade secrets.

12. Back-Up Activities. Except to the extent that Client purchases Innovative’s hosting service or back-up services, Client has the sole responsibility for the maintenance and protection of all data input into the Software, including, without limitation, the making, storing and security of back-up and archive copies of such data and the Software (collectively “Back-Up Activities”), and Client acknowledges Innovative will not perform any Back-Up Activities for or on behalf of Client.

13. Data Privacy. Innovative follows industry standard privacy practices, available at https://www.iii.com/services-privacy-policy/.

14. Security. Innovative holds the internationally-recognized ISO 27001:2013 standard for its information security management system. Security and compliance is a shared responsibility between Innovative and the Client.

Innovative operates, manages and controls the components from the host operating system layer to the networking layer, if Hosting is identified in the Pricing Exhibit. All physical security is managed by Innovative’s hosting partner.

The Client assumes shared responsibility and management of the Software. Client should take into consideration the Client Configurations and any third-party application they choose and their responsibility depending on any applicable laws and regulations. Innovative takes reasonable and appropriate administrative, technical and physical measures to protect the confidentiality, integrity and availability of Client’s sensitive information.

15. General.
a. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

b. Independent Contractor. Client acknowledges that Innovative is at all times an independent contractor and that Client’s relationship with Innovative is not one of principal and agent nor employer and employee. No Innovative personnel will be entitled to participate in any compensation or benefits plan of Client. c. Force Majeure. Neither party will be liable or responsible for any delay or failure in performance if such delay or failure is caused in whole or in part by fire, flood, explosion, power outage, war, strike, embargo, government regulation, civil or military authority, hurricanes, severe wind, rain, other acts of God, acts or omissions of carriers, third-party local exchange and long distance carriers, utilities, Internet service providers, transmitters, vandals, or hackers, or any other similar causes that may be beyond its control (a “Force Majeure Event”). d. Notice. Any notice or communication required to be given by either party must be in writing and made by hand delivery, express delivery service, overnight courier, electronic mail, or fax, to the party receiving such communication. Unless otherwise instructed in writing, such notice will be sent to the parties at the addresses set forth on the first page of the License Agreement. All communications pursuant to this Section will be deemed delivered as follows: (a) upon receipt, if delivered personally or by a recognized express delivery or courier service; or (b) when electronically confirmed, if delivered by facsimile. e. Invalidity. Any provision of this Agreement which is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Agreement invalid, illegal, or unenforceable in any other jurisdiction. f. Counterparts. This Agreement may be executed by the parties in separate counterparts by original, .pdf (or similar format for scanned copies of documents) or facsimile signature, each of which when so executed and delivered will be deemed an original, but all such counterparts will together constitute but one and the same instrument.
g. Publicity. Except as provided in this Section, neither party will make any press release, public statement or other disclosure regarding the terms of this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. Notwithstanding the foregoing, Innovative will have the right to issue public statements pertaining to the existence of the business relationship between Innovative and Client, including the right to limited use of Client’s name, logo and other reasonable non-confidential information in press releases, web pages, advertisements, and other marketing materials. h. Assignment. Neither party has the power to assign, license, or sub-license any of its rights or obligations hereunder without the prior written consent of the other party, which will not be unreasonably withheld. Any assignment, license, or sub-license attempted without such consent will be void. Notwithstanding the foregoing, a party may assign this Agreement without the other party’s consent (i) as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets or capital stock; or (ii) to an Affiliate of such party provided that any such assignment will not release the assigning party from its obligations under this Agreement. i. Waiver of Jury Trial; Governing Language. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY

TRIAL IN CONNECTION WITH ANY DISPUTE OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. This Agreement and all proceedings hereunder will be conducted in the English language; any translation of this Agreement into another language will be for convenience only but will not modify the meaning hereof. Only a written instrument duly executed by both parties may modify this Agreement. j. Entire Agreement. This Agreement contains the entire understanding of the parties, and supersedes all prior agreements and understandings relating to the subject matter hereof, provided that nothing herein will diminish or affect any separate services agreement or statement(s) of work issued thereunder. The parties represent that they are sophisticated commercial entities, have had the opportunity to consult with their own counsel, and have included in this Agreement all terms material to the parties’ rights and obligations with respect to the subject matter hereof and intend this document to be the final expression of their contractual intent. The parties further represent and acknowledge that communications exchanged between the parties during contract negotiation (including, without limitation, requests for proposal (“RFPs”) and Innovative’s responses to such RFPs; questionnaires and responses to same, quotes) do not constitute a part of this Agreement. Purchase orders, work orders or other such documents submitted by Client will be for Client’s internal administrative purposes only and the terms and conditions contained in any such purchase order, work order or other such document will have no force or effect and will not amend or modify this Agreement. In the event of any inconsistencies or conflicts among the GTCs, a License DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

Agreement or any other exhibits or schedules referenced by these GTCs, the following order of priority will control:

1. License Agreement, 2. GTCs and 3. any other terms, agreements, exhibits or schedules included in, or referenced by the Agreement.

DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

Exhibit C
Innovative Interfaces Incorporated
Maintenance and Support
Terms and Conditions
These Maintenance and Support Terms and Conditions (“Support Terms”) apply to the License Agreement.

Unless otherwise specified, capitalized terms in these Support Terms have the same meaning as those in the GTCs.

The terms set forth herein supplement, but do not replace or modify, the GTCs.

1. Maintenance and Support. Innovative will offer maintenance and support on the terms set forth herein (“Maintenance and Support”) for the latest generally available version of the Software and for certain earlier versions in accordance with Innovative’s support policy. Standard Maintenance and Support is included with the price for the annual license set forth in the License Agreement.

2. Error Response. Error descriptions (each an “Error”), the Error severity levels and corresponding targeted response time per level are each described in the table below. The Targeted Response Times in the table below identify the response times that Innovative will target for the corresponding Error, however, such Targeted Response Times are not guaranteed.

Severity Description Target
Response Time
One - Site Down A major component of the software is in a non-responsive state and severely affects library productivity or operations. A high impact problem that affects the entire library system. Widespread system availability, production system is down
1 hour
Two – Critical Any component failure or loss of functionality not covered in Severity 1 that is hindering operations, such as, but not limited to:
excessively slow response time, functionality degradation; error messages; backup problems; or issues affecting the use of the module or the data
2 hours
Three - High Lesser issues, questions, or items that minimally impact the work flow or require a work around
2 business days;
excludes
holidays and
weekends
Four – Routine Issues, questions, or items that don’t impact the work flow. Issues that can easily be scheduled such as an upgrade or patch 4 business days;
excludes
holidays and
weekends

3. Error Reporting and Diagnosis.
a. Client must designate a representative as the contact that will report Errors to Innovative and be Innovative’s primary contact for the provision of Maintenance and Support pursuant to the terms of this Agreement (such representative is referred to herein as the “Client Contact”). When a Client Contact reports an Error, Innovative will use commercially reasonable efforts to diagnose the root cause of the Error (“Diagnosis”). Upon completing the Diagnosis, each Error will be classified as either a “Warranty Error” or a “Non-Warranty Error” pursuant to Section

3.b. below. Innovative will use commercially reasonable efforts to diagnose and repair both Warranty and NonWarranty Errors as described below. b. “Warranty Errors” are all Errors that do not qualify as Non-Warranty Errors. “Non-Warranty Errors” are Errors resulting from any of the following causes: (i) misuse, improper use, alteration or damage of the Software; (ii) operator error; (iii) incorrect data entry by Client; (iv) third-party software not part of the Software; (v) errors and/or limitations attributable to Client environment; (vi) Client’s failure to incorporate any New Release previously provided to it by Innovative which corrects such Error; (vii) modification of the Software performed by Client; and (viii) technical consulting services provided by Innovative at Client’s request (e.g., change orders, integration development, or configuration design and implementation), unless Client notifies Innovative of such technical DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

consulting services problem within the applicable warranty period set forth in the governing statement of work, change order or agreement. Client acknowledges that the Software is intended for use only with the software and hardware described in the Specifications provided by Innovative from time to time, and Client will be solely responsible for its adherence thereto.
c. If the Client is hosting their Software, the Client must provide direct network internet access to the Software, including any firewalls. Innovative requires such access to correct Software bugs and carry out modifications of the Software for the purpose of maintaining the Software.

4. Complimentary and Chargeable Support. Innovative will respond to all reported Errors pursuant to Section 2 above and will use commercially reasonable efforts to resolve Warranty Errors at no additional charge if Client has purchased and is current on its payment for Maintenance and Support; however, Innovative may charge Client for such effort with respect to Non-Warranty Errors according to the following process: (i) When the Client Contact reports any Error, prior to commencing the Diagnosis for the Error, Innovative will notify the Client Contact that the Diagnosis and repair effort will be at no charge to Client unless the reported Error is determined to be a Non-Warranty Error, in which case only the first two hours of Diagnosis will be at no charge; and (ii) Innovative will then commence the Diagnosis unless instructed otherwise by the Client Contact. If more than two hours are required for the Diagnosis of Non-Warranty Errors, then such additional Diagnosis hours will be charged to Client at Innovative’s then-current rate for technical services. Once the Diagnosis is complete, the Client Contact will be given the option of having Innovative proceed with repairing the Non-Warranty Error, and, if so requested, Innovative will provide an estimate of the total cost for such effort. If agreed to by the Client Contact, Innovative will undertake to repair the Non-Warranty Error and charge Client for the associated technical services performed.

5. Ticket Management and Escalation. Innovative manages all reported issues using a ticket management system, and provides an Internet portal for Clients to report issues. Clients may review the status of issues reported online. When an Error is either unresolved or not resolved in a timely fashion, the Client should contact Innovative representatives pursuant to Innovative’s escalation policy made available on Innovative’s Internet portal.

DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

Exhibit D
Innovative Interfaces Incorporated
Hosting Services
Terms and Conditions
These Hosting Services Terms and Conditions (“Hosting Terms”) apply to the License Agreement if, and only to the extent that, Hosting Services are identified on the Pricing Exhibit to the License Agreement as a purchased service. Unless otherwise specified, capitalized terms in these Hosting Terms have the same meaning as those in the GTCs. The terms set forth herein supplement, but do not replace or modify, the GTCs.

1. Hosting Services. The following terms apply for all purposes to Client’s license to and use of the Software under the Agreement.

2. Hosting Solution. Innovative offers clients a standard cloud-based hosting option (the “Standard Plan”).

The table below sets forth the features of the Standard Plan. This option provides industry-leading security and monitoring at a SOC 1/SOC 2 Type 2/ISO 27001-audited datacenter by a top-tier cloud hosting provider (the “Hosting Provider”), with the flexibility to meet clients’ data storage, data recovery, and information security policy requirements. To meet clients’ global hosting needs, Innovative offers hosting options in datacenters located in the United States, Canada, United Kingdom, Ireland, Australia and the Asia-Pacific region, however, Innovative reserves the right to increase, decrease and/or relocate its datacenters at anytime.

Feature Standard
24x7 infrastructure monitoring 
Dedicated production environment 

99.9% guaranteed infrastructure uptime** 
Dedicated public IP address and custom URL 
Operating system installation and management 
Library software installation and upgrades 
Data backups Daily
Archive data backup retention 30 days

3. Hosting Solution System Configuration. The hosting systems are configured to meet the solution requirements as per the Hosting Terms set forth on the Pricing Exhibit to the License Agreement.

4. Security Controls.
a. Generally. Subject to the terms of the Agreement, Innovative implements industry-recognized best practices to prevent the unintended or malicious loss, destruction or alteration of Client’s data resident in the Software.
b. Network Systems Audit Logging. All firewall logon activity and password changes are logged, monitored, controlled and audited. All intrusion detection and firewall log monitoring is done through services provided by Innovative and those pertinent log files and configuration files are retained for ninety (90) days and can be made available upon request for audit and problem resolution, as may be required. c. Network Monitoring. All network systems and servers are monitored 24/7/365. Innovative will monitor its systems for security breaches, violations and suspicious (questionable) activity. This includes suspicious external activity (including, without limitation, unauthorized probes, scans or break-in attempts) and suspicious internal activity (including, without limitation, unauthorized system administrator access, unauthorized changes to its system or network, system or network misuse or program information theft or mishandling).

Innovative will notify Client as soon as reasonably possible of any known security breaches or suspicious activities involving Client’s production data or environment, including, without limitation, unauthorized access and service attacks, e.g., denial of service attacks.

DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47

d. Audit and Security Testing. Hosting Providers perform regular security audits and testing. Client’s may not perform own audits of hosting providers.
e. Information Security Auditing/Compliance. Innovative’s hosting providers undergo SOC 1/SOC 2 Type 2/ISO 27001 audits each year by independent third-party audit firms. f. **The 99.9% guaranteed infrastructure uptime is subject to the following Service Level Agreement (SLA):
i. Hours of operation/exclusive remedy for service unavailability. Innovative offers a monthly infrastructure uptime target of 99.9% of Scheduled Up-Time to Client. Scheduled Up-Time means all of the time in a month that is not Scheduled Downtime or Third Party Unavailability. In the event that Innovative fails to provide Client with 99.9% infrastructure uptime for three consecutive months, Client will be entitled to receive a credit equal to the prorated amount of the Fees for the period in which Innovative failed to provide such infrastructure uptime during such months upon receipt of written notice from Client. The remedies set forth in this Paragraph (i) are the exclusive remedies of the Client for Innovative’s failure to provide Client with 99.9% infrastructure uptime.
ii. Scheduled Downtime. Scheduled Downtime means the period of time which Innovative or the Hosting Provider, conduct periodic scheduled system maintenance and release updates for which Innovative will provide the Client with advance notice. Innovative will make commercially reasonable efforts to provide Client notice of scheduled system maintenance 48 hours in advance and notice of release updates three weeks in advance.

DocuSign Envelope ID: BB8F8EF8-83E7-4470-B6DB-084CC0599E47 Innovative Interfaces Incorporated (“Clarivate”)
789 E. Eisenhower Parkway
Ann Arbor, MI 48108
Order Form:

Client: Glendora Public Library
Authorization by Client:

Signature:

Authorization by:

Signature:

Innovative Interfaces Incorporated
Name:

Title:

Date Signed:

Duly Authorized Signature
Name:

Title:

Date Signed:

Tim McGee
VP, Sales Operations
May 19, 2026
Q-00882200
Products (Annually Recurring):

Name Description Start Date Contract Term
(months)
Library Experience
Essentials Single for
Polaris
Bundle - The Library Experience
Essential Bundle includes the
Polaris Suite, Unlimited Polaris
Staff Licenses, 30 SIP2 Licenses for
Polaris, Polaris ZMARC Auto
Authority, Hosting for Polaris,
Vega Discover Premium, 5
ExpressCheck Licenses, and
Innovative Mobile with Self Check
Out.

See
implementation
rules below
60 Vega Mobile Self
Check Out - Essentials
Polaris
Bundle - Vega Mobile Self Check
Out - Essentials Polaris
See
implementation
rules below
60 Vega Discover
Premium - Essentials
Bundle - Vega Discover Premium -
Essentials Polaris
See
implementation
60 English - Innovative Order Form (Rev. 7/31/2024) Page 1 of 3 By signing this Order Form (“Order”) you agree to order the Services and /or license the Products subject to the Agreement described below and you certify that you are authorized to enter into this Agreement on behalf of the Client effective as of the date of the last signature below.

Amendment 1
Polaris
Vega Discover Premium -
Essentials Polaris
rules below
Vega Interact SMS -
Polaris
Bundle - Vega Interact SMS for
Polaris libraries
See
implementation
rules below
60 Total Price: 50,786.49 USD
Services (One Time):

Name Description One Time Fee
Polaris- EssentialsImplementation
(Subs Service)
Polaris - Essentials - Implementation 0.00 USD
Vega Mobile Self Check Out
LXE Imp
(Subs Service)
Vega Mobile Self Check Out LXE -
Polaris - Implementation
3,700.00 USD
Vega Discover Premium LXE
- Polaris - Implementation
(Subs Service)
Vega Discover Premium LXE - Polaris
- Implementation
5,250.00 USD
Vega Interact SMS
Implementation - Polaris
(Subs Service)
Vega Interact SMS Implementation
for Polaris libraries
3,750.00 USD
Total Price: 12,700.00 USD
- Start Date for new product(s) being purchased will commence following implementation. - Statement of Work is attached for Services Orders.
- If applicable, fees will be co-termed to align your billing to the same term.

Renewal Term:

For annually recurring products it will auto renew for consecutive 12-month terms following the expiration of the overall contract term as set out above (“Initial Term”) unless either party provides at least ninety (90) days’ notice of nonrenewal before the end of the then current term. Annual subscription fees may be increased each calendar year by up to 5%.

Product Terms:

GOVERNING TERMS: The existing Subscription License Agreement signed by the Parties and with effective date February 3, 2022, will govern.

The customer is replacing their existing subscriptions (INV-INC40121 and INV-INC40091) with the Polaris Essentials bundle and adding Vega Interact SMS to replace Polaris telephone services.

English - Innovative Order Form (Rev. 7/31/2024) Page 2 of 3 Amendment 1
Additional Information:

Polaris Essentials - includes Vega Discover, Vega Mobile, and Vega Interact SMS.

The pricing offered by Clarivate herein expires 30 days from date of issue and based on the assumption that if accepted by Client, contracts will be executed within this 30-day period.

Legal Notice Information
Client Entity: Glendora Public Library
Client Legal Address: 140 S Glendora Ave Glendora CA United States 91741-3499 Billing Information:

Please review your billing address to ensure its accuracy.

Shipping Information:

Please confirm the shipping addressis accurate.

Glendora Public Library
140 S Glendora Ave Glendora CA United States 91741-
3499
Glendora Public Library
140 S Glendora Ave Glendora CA United States 91741-
3499
Electronic Invoice Recipient(s): Electronic Renewal Recipient(s):

If your subscribing institution requiresthe use of Purchase Orders, please indicate below.

Purchase Order #
Billing Information Notes
Tax Registration Number #
If tax exempt, please include copy of supporting
documentation with signed agreement or email a copy to
[email protected]
Invoices will be emailed to the bill to-contact and renewals will be emailed to the ship-to-contact. If your institution is unable to accept electronic invoices, please check this box: ☐ English - Innovative Order Form (Rev. 7/31/2024) Page 3 of 3 Amendment 1
Statement of Work
Client:

Quote ID:

A. Purpose of this Statement of Work
The SOW provides an overview of the scope of the project and fees to complete the engagement based on Innovative’s prior experience with similar projects and preliminary discussions with Client.

The Client hereby acknowledges that the SOW is not meant to capture all detailed requirements but documents the high-level requirements and implementation approach discussed and that additional detailed requirements discussions will be required to outline the full scope of work between the Parties.

B. Project Scope of Services
The Scope of the project includes the following set of professional services:

1. Vega Premium Implementation
Implementation duration is expected to be 12 weeks from commencement of work. If the Client would like to extend the Implementation timeline beyond the agreed upon duration, negotiation regarding the extended schedule and related costs will be conducted. a) Innovative will install Vega Premium software.

Specified work includes, where necessary:
1) Project management
2) Requirements consultation between Client and Innovative 3) Post-implementation testing
4) Remediation of post-implementation issues, found during Innovative testing or found by the Client during the implementation period
5) Minimum scope of service to include:
• Provisioning of a single production Vega Discover environment, and connection to Client’s production ILS
• Synchronization of production ILS and Vega Discover databases • Configuration training for Vega Discover
• Product Overview
• Access to recorded training sessions, and other online resources • Consultation on Best Practices
• Publishing of 1st Guide
No work will be performed on the Client’s production environment without prior notification to, and approval from, the Client. Work will be performed in pre-specified maintenance windows, as agreed upon in advance between the Client and Innovative.

Any requested work, outside of the specifications listed above, will be quoted at an additional cost, and written approval must be provided by the Client before work can proceed.

C. Innovative Services Team
The Services Team will have the following resources available for this project:

1. Project Manager: Project Managers have years of project management experience and have implemented library systems for many libraries.

2. System Engineer: System Engineers work with the Client on ILS setup and configuration as well as installations, network connections, and infrastructure configuration.

Amendment 1

3. Trainer/Consultant: Trainers work with the Client to ensure an understanding of the configuration and use of the software
D. Client Implementation Team

1. Technical Lead: Will be responsible for assisting with Client responsibilities related to the installation and any other system level duties required by Client.

E. Implementation Assumptions

1. Client’s production ILS environment must be running the current General Availability (“GA”) version of the software, or later.

2. Client will have adequate resources available to ensure timely completion of any library tasks outlined in the project schedule.

3. Client will provide a technical point of contact who is able to provide, or coordinate access to, necessary information and Client resources. This includes information related to server access, collecting and providing any prerequisite information required to support installation and configuration of software, and other needs that may arise during the project.

F. Fees and Payment Terms
Fees for Services delivered under this SOW will be charged on a fixed price basis as set forth in the attached Order Form herewith and are made in good faith based on the activities, approach, and assumptions contained within the SOW. Payment terms for this SOW are as set forth in the Agreement. Any additional Change Requests will be performed at a blended rate of $200 per hour for all resources. Additionally, Client is responsible for all reasonable out-of-pocket costs and expenses incurred during this SOW.

Amendment 1
Statement of Work
Client: Glendora Public Library
Quote ID: Q-00882200
A. Purpose of this Statement of Work
The SOW provides an overview of the scope of the project and fees to complete the engagement based on Innovative’s prior experience with similar projects and preliminary discussions with Client.

The Client hereby acknowledges that the SOW is not meant to capture all detailed requirements but documents the high-level requirements and implementation approach discussed and that additional detailed requirements discussions will be required to outline the full scope of work between the Parties.

B. Project Scope of Services
The Scope of the project includes the following set of professional services:

1. VEGA Mobile App Implementation
Innovative Services Team (“Services Team”) will work with the Client to configure, install, and test a customized VEGA Mobile application (“App”) for the Client.

NOTE: Some services specified in this Statement of Work will be performed by third party vendor Solus (“Solus”), including creation of customized App for Client, and publishing of App to specified online app stores.

Specified work includes:
a. Project management
b. Project kickoff between Services Team and Client
c. Creation and configuration of Client instance on VEGA Mobile Content Management System (“CMS”) for a single production environment
d. Custom App development
e. Publishing of App to Apple and/or Google app stores
f. Liaison with Solus
g. Post-implementation testing
h. Remediation of post-implementation issues found during testing C. Services Team
The Services Team will have the following resources available for this project:

1. Project Manager: Responsible for coordination of schedule and App delivery with the Client, consultation on App configuration requirements, and consultation on available App customization, and liaison with third party vendor Solus as necessary.

2. System Engineer: Responsible for creation of Client configuration in the VEGA Mobile Content Management System (CMS), and configuration of the ILS as required.

D. Client Implementation Team

1. Technical Lead: Will be responsible for assisting with Client responsibilities related to the installation and any other system level duties required by Client, and coordinating/providing all Client responsibilities identified in Implementation Assumptions.

E. Implementation Assumptions
Amendment 1

1. Client will have adequate resources available to ensure timely completion of any Client tasks outlined in the project schedule.

2. Timeline for the completion of this project will be established, through joint planning conversations between the Client and Innovative during the initial stage of the project.

3. Client shall be responsible for:
a. Participating in project kickoff, and assisting in establishing project schedule b. Providing images for App customization
c. Applying for Apple Developer account, and providing app publishing credentials to Innovative Services team
d. Providing Services Team with required profile and configuration information, in an App configuration questionnaire and App configuration spreadsheet to be provided by Services Team.
e. Testing App download from Apple and Google app stores, and testing App for proper appearance, functionality, and configuration

4. Client must establish an Apple Developer Program account in order for Innovative to publish app to Apple store. This account will be used by Innovative for publishing the Client’s iOS app to the Apple store. This account must be maintained throughout the duration of the Client’s VEGA Mobile contract. If Client does not establish an Apple Developer Program account, Innovative will no longer be responsible for publishing the app to the Apple store.

5. Client Implementation will be determined to be live upon the earlier of acceptance or 2 weeks of the app in the test flight environment.

F. Fees and Payment Terms
Fees for Services delivered under this SOW will be charged on a fixed price basis as set forth in the attached Pricing Exhibit herewith and are made in good faith based on the activities, approach, and assumptions contained within the SOW. Payment terms for this SOW are as set forth in the Agreement. Any additional Change Requests will be performed at a blended rate of $200 per hour for all resources. Additionally, Client is responsible for all reasonable out-of-pocket costs and expenses incurred during this SOW. Pricing assumes that deliverables in this Statement of Work are completed within six months or additional Services fees will apply.

Amendment 1
Statement of Work
Client:

Quote ID:

A. Purpose of this Statement of Work
The SOW provides an overview of the scope of the project and fees to complete the engagement based on Innovative’s prior experience with similar projects and preliminary discussions with Client. The Client hereby acknowledges that the SOW is not meant to capture all detailed requirements but documents the high level requirements and implementation approach discussed and that additional detailed requirements discussions will be required to outline the full scope of work between the Parties.

B. Project Scope of Services
The Scope of the project includes the following professional services:

Innovative will perform the installation and implementation of Polaris SMS Alerts functionality for Client.

Services to be performed include:
o Project management for the installation and configuration of SMS, including project scheduling, project risk management and mitigation, liaison with Client, provisioning and coordination of Innovative resources, and ensuring tracking and timely completion of project tasks.
o Product profiling and configuration, including consultation with Client on desired configuration points, and entry and verification of profile and configuration. o System engineering, including software installation, ensuring correct integration with the Polaris integrated library system software, upgrade and reconfiguration of any installed Polaris components upon which the SMS product depends, and technical liaison with the Client.
o Testing of the SMS software, with the assistance of the Client, to ensure that it is functioning as designed.

C. Innovative Services Team
The Services Team will have the following resources available for this project:

1. System Engineer: The System Engineer(s) shall work with the Client on software setup and configuration as well as installations, network connections, and infrastructure configuration.

2. Project Manager: The Project Manager is assigned to provide project management, resource management, risk mitigation and issue management. The Project Manager is the single point of contact throughout the implementation to coordinate work plans, schedules, and teams’ work. The Project Manager will manage day-to-day operational aspects and ensure deliverables are met within a timely manner and according to the mutually agreed project plan.

D. Client Implementation Team

1. Librarian Lead – Works closely with Consultant to ensure requirements are complete and representative of the needs of the Library. The Librarian Lead will coordinate with key members of the team as required.

2. Technical Lead - Will be responsible for assisting with Client responsibilities related to system level duties required by Client.

Amendment 1
E. Implementation Assumptions

1. During and after implementation of SMS, the Client may identify software defects, or additional desired functional requirements. Client shall be responsible for working within Innovative’s normal established support and enhancement request processes to report issues or provide input on additional desired functional requirements.

2. Client must provide the SMS configuration and profiling information. Client will use settings which are closest to what they currently have in place with their existing notification system. The Polaris SMS configuration and profiling information can be summarized as:
i. Confirmation of which notices the library will export for SMS. ii. Complete text for each SMS message that will be used. Up to 100 individual branch Hold Pickup messages may be configured within the scope of this SOW. Any branches added after completion of Services will be subject to a new SOW. Changes to messages after configuration may incur additional charges. For example, "You may pick up %%count%% book(s) at %%branch%% until %%date%%.”
iii. Client must allow outbound FTP (for transmission of the notice files) and inbound PAPI connections (for posting notices to the database).
iv. Any additional information necessary to complete installation and implementation.

F. Fees and Payment Terms
Fees for Services delivered under this SOW will be charged on a fixed price basis as set forth in the attached Order Form herewith and are made in good faith based on the activities, approach, and assumptions contained within the SOW. Payment terms for this SOW are as set forth in the Agreement. Any additional Change Requests will be performed at a blended rate of $200 per hour for all resources. Additionally, Client is responsible for all reasonable out-of-pocket costs and expenses incurred during this SOW. Pricing assumes that deliverables in this Statement of Work are completed within six months or additional Services fees will apply.

Amendment 1

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: Library DISTRICT(S): Citywide
SUBJECT: Consider an Agreement for Professional Library Services for Charter Oak Unified School District

RECOMMENDATION
That the City Council:

1. Review the proposed updates to the Professional Library Services Agreement; and

2. Authorize the City Manager to execute the Professional Library Services Agreement between City of Glendora and Charter Oak Unified School District, pending Charter Oak Board of Trustees' approval.

STRATEGIC FOCUS AREAS
Not Applicable

EXECUTIVE SUMMARY
The City seeks to update its agreement with Charter Oak Unified School District for the provision of professional library services. The original agreement, established in 2018, outlines the City's role in supporting District library services through professional consultation, participation in District Library Committee meetings, and assistance with library material selection. The proposed update incorporates requirements and partnership opportunities resulting from recent State legislation, including the Youth Literacy Act (SB 321) and SB 1329, collectively known as the Student Success Initiative. The revised agreement formalizes collaboration between the City and District to expand student access to library resources, support literacy development, facilitate data sharing, and strengthen community engagement. Additional updates include revised staff titles and reimbursement rates, confidentiality provisions, and mutual indemnification and insurance language. Upon approval by both agencies, the updated agreement will take effect on July 1, 2026.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Glendora City Council approved an Agreement for Professional Library Services with the Charter Oak Unified School District on March 13, 2018.

Since the original agreement was approved, the California State Legislature enacted the Youth Literacy Act (SB 321, Ashby) and updated SB 1329, requiring public libraries to formalize partnerships with public school districts within their service areas.

The Charter Oak Unified School District Board of Education is scheduled to review the update on June 18, 2026.

DISCUSSION
The City and the Charter Oak Unified School District entered into an agreement for the provision of professional library services in 2018. Since that time, professional library staff have participated in District Library Committee meetings, provided general consultation regarding school library services and activities, and advised District staff on the selection and acquisition of library materials. The District reimburses the City for staff time spent attending District Library Committee meetings, up to four meetings per year.

Since the original agreement took effect, the California State Legislature enacted the Youth Literacy Act (SB 321, Ashby) and updated SB 1329, both of which became effective on January 1, 2026. Collectively referred to as the Student Success Initiative, this legislation aims to strengthen literacy by integrating public libraries into early education, ensuring students have access to library resources and services beginning in third grade, and tracking the impact of these partnerships on student engagement and academic achievement.

In early 2026, the District approached the City to update the existing agreement. At that time, the City requested the inclusion of additional language to formalize the partnership between the City and the District in alignment with current Student Success Initiative legislation.

Key changes to the agreement include:

Addition of Student Success Initiative language
Updated obligations of the City, including:

Working collaboratively with the District.

Providing digital library card information to the District.

Participating in local school events, such as Back-to-School Night.

Making electronic resources available to students and families.

Providing general data regarding participation in library programs.

Updated obligations of the District, including:

Working collaboratively with the City.

Providing families with digital library card information.

Providing aggregate data regarding student participation and outcomes related to library programming.

Facilitating professional development opportunities for District staff.

Addition of confidentiality provisions consistent with federal and state regulations.

Updates to City staff titles and reimbursement rates.

Addition of mutual indemnification and insurance provisions.

Pending approval by both the Glendora City Council and the Charter Oak Unified School District Board of Education, the updated agreement will become effective on July 1, 2026.

FISCAL IMPACT
The Charter Oak Unified School District shall pay the City of Glendora by the hour for services provided as stated in Exhibit A of the agreement.

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

Prepared By: Cindy Romero, Library Services Manager
Concurs With: Not Applicable
Reviewed By: Donna Dukes, Interim Library 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. CoG - COUSD Agreement Professional Library Services - June 2026.pdf B_2018_0313_Staff_Report_to_City_Council.pdf
1 PROFESSIONAL LIBRARY SERVICES AGREEMENT
THIS PROFESSIONAL LIBRARY SERVICES AGREEMENT (“Agreement”) is made and entered into as of July 1, 2026 (“Effective Date”), by and between the CHARTER OAK UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, a California school district (“District”) and the CITY OF GLENDORA, a California municipal corporation (“City”). District and City are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
NOW, THEREFORE, the Parties hereto agree as follows:

SECTION 1. PURPOSE OF AGREEMENT
The purpose of this Agreement is for the City to provide the District with certain professional services, related to the operation of the District's school library services within the District facilities in Los Angeles County, California, as set forth in Section 3.

SECTION 2. TERM OF AGREEMENT
The “Term” of this Agreement will be one year starting July 1, 2026, and will continue thereafter from year to year, under the same terms and conditions, unless terminated by either of the Parties. This Agreement may be terminated by either Party at any time, with or without cause, during the Term of the Agreement by giving written notice to the other Party not less than sixty (60) days prior to the date of termination. In the event of termination, the City will submit to the District an invoice for payment of services within thirty (30) days of termination and the District agrees to pay such invoice within thirty (30) days of receipt to the extent the invoice does not exceed the reimbursement schedule in Exhibit A attached to this Agreement.

SECTION 3. SCOPE OF SERVICES
The services to be performed by the City involve strictly advising District administration on the selection and ordering of library books, general consulting regarding school library services and activities, and participating with the District Library Committee. The City shall assign personnel for this Agreement shall have no direct or indirect supervisorial authority or responsibility relating to any District employees, officers, agents or volunteers.

City personnel providing any of the services under this Agreement shall be selected at the discretion of the City and supervised by the City Library Director or a City Library Services Manager. City personnel providing the services under this Agreement shall at all times be under the City's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of City personnel, or over any of the City's officers, employees or agents, except as set forth in this Agreement. District shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City; or that any City officers, employees or agents are in any manner officers, employees or agents of the District. District 2 shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner.

The services to be provided by the City to the District under this Agreement are specifically described in this section and section 5 of this Agreement. Any changes to the scope of services can only be done through a written agreement or amendment approved by both Parties.

SECTION 4. COMPENSATION
The District agrees to pay the City the compensation described in Exhibit A for services listed in Section 3 and Section 5. This limit of reimbursement shall not exceed three (3) hours per quarter unless both Parties agree in writing to an adjustment in total reimbursable hours per quarter. Compensation and reimbursement to the City shall be as set forth in Exhibit A attached hereto and made a part hereof.

Payments shall be made within thirty (30) days after receipt of each invoice as to nondisputed fees. If the District disputes any of the City’s fees, the District shall give written notice to the City within 30 days of receipt of an invoice of any disputed fees set forth in the invoice.

SECTION 5. STUDENT SUCCESS AGREEMENT
The District and City desire to collaborate on activities to improve the educational opportunities and library access for children served by both institutions. In order to achieve an effective collaboration, the District and the City acknowledge and agree that they will need to share information about the children that may otherwise be prohibited from disclosure.

For and in consideration of the mutual promises set forth in this Agreement, the Parties do mutually agree as follows:

A. Obligations of the City.

In connection with this Agreement, the City agrees to the following:

1. Work collaboratively with the District to further deepen the partnership between the Parties.

2. Provide the District with information about digital Library card registration for children to be included in the annual Data Confirmation Process.

3. Attend local school events such as Back to School Nights, subject to staffing availability, to provide opportunities for children to register for a Library card.

4. Make electronic resources such as live homework help online, research and homework databases, learning resources, downloadable eBooks, audiobooks, music, magazines, and streaming services available to children with digital or physical Library cards, subject to availability, licensing terms, and the City’s library policies and procedures.
3 5. Provide the District with general participation data regarding the annual Summer Discovery Challenge, to the extent reasonably available and permitted by applicable law. Nothing in this Agreement requires the City to disclose any personally identifiable library patron use records or other records protected from disclosure by law.

B. Obligations of the District
In connection with this Agreement, the District agrees to the following:

1. Work collaboratively with the City to further deepen the partnership between the Parties.

2. Provide families with digital Library card registration information, as provided by the City, during the annual Data Confirmation Process.

3. To the extent easily producible without undue burden and permitted by law, provide aggregate data, sufficient to maintain privacy and confidentiality, on the results of District benchmark and state testing assessments for students enrolled in annual City Discovery Challenges, compared to those not enrolled in annual City Discovery Challenges. Any such data shall be provided only in aggregate, de-identified form and in a manner sufficient to prevent reidentification of individual students.

4. In collaboration with City staff, help facilitate the introduction of professional development opportunities for District teachers and staff surrounding the Student Success Initiative and other Library projects.

C. Confidentiality

1. The District maintains student records in accordance with all applicable federal and state laws and regulations. Such student records are confidential as provided under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99; and California Education Code §§ 49060 et seq.

2. The Parties acknowledge that library patron use records are confidential as provided by applicable law and include identifying registration information and records reflecting a patron’s borrowing information or use of library information resources.

3. The City and District agree that each entity shall comply with applicable federal and state laws relating to the confidentiality of the City-provided information and the District-provided information.

4. Both Parties further agree that all information exchanged shall only be used for the purposes intended by this Agreement, to limit disclosure of the 4 exchanged information within each Party’s own organization to its directors, officers and employees who have a need to know, and to not disclose any information to any third party (whether an individual corporation, or other entity) without the express prior written consent of the other Party, except as required or permitted by applicable law. Each Party shall satisfy its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees and others who are permitted access to or use of the Cityprovided information and/or the District-provided information.

5. To the extent that the City has access to any personally identifiable information from students' education records, the City agrees that it shall not use such information except for the legitimate purpose of providing services pursuant to this Agreement and that it shall not disclose this information to any other party, except as permitted by law. City staff shall comply with all applicable federal and state regulations governing student records, including FERPA.

6. To the extent the Parties exchange information that is otherwise exempt from disclosure and is shared between governmental agencies in confidence, the Parties intend that such exchange be treated consistently with Government Code section 7921.505(c)(5). Each Party shall limit access to such information to personnel with a legitimate purpose and shall use the information only for purposes that are consistent with existing law.

7. If either party receives a request under the California Public Records Act, a subpoena, or other legal demand seeking records received from the other Party under this Agreement, the receiving Party shall promptly notify the other Party to the extent permitted by law and shall reasonably cooperate with the other Party’s efforts to assert any applicable exemption or other protection. Nothing in this Agreement requires either Party to withhold or disclose any record in a manner contrary to applicable law, and each Party reserves all rights and defenses available under law.

SECTION 6. INDEMNITY AND HOLD HARMLESS
The City shall defend, indemnify, and hold harmless the District, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence or willful misconduct of the City, its agents, employees, and subcontractors, and employees thereof, in the performance or nonperformance of this Agreement.

The District shall defend, indemnify, and hold harmless the City, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence or willful misconduct of the District, its agents, employees 5 or subcontractors, and employees thereof, in the performance or nonperformance of this Agreement.

SECTION 7 – INSURANCE
Each Party shall maintain throughout the term of this agreement, general liability, professional liability, auto liability, workers’ compensation, and such other insurance as is necessary to protect against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement By such Party. All such insurance shall be equivalent to coverage offered by a commercial general liability form, including, without implied limitation, personal injury, and contractual liability coverage for the performance by the insured Party Of the indemnity provisions set forth in this agreement. Each Party shall on request provide the other Party A certificate of insurance satisfactory to the requesting Party, And shall include endorsements, naming the other Party As additional insured. Each Party, At its soul option may satisfy all or any portion of the insurance requirement through a program of self insurance, commercial insurance, or any combination there of.

SECTION 8 – NOTICES
All notices pertinent to the Agreement shall be in writing and either served personally or sent by prepaid, first-class mail to the person(s) at the address designated below. 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.

District Assistant Superintendent, HR Library Director
Charter Oak Unified School District Glendora Public Library 20240 E. Cienega Avenue 140 S. Glendora Avenue
Covina, CA 91724 Glendora, CA 91741
626-966-8331, extension 90506 626-852-4891
SECTION 9 – ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties. No alteration or variation of any term of this Agreement will be valid unless approved by the City Council and District Board, made in writing and signed by each of the Parties hereto, and no oral understanding of this Agreement not incorporated herein by writing will be binding on any of the Parties hereto. The Parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. Notwithstanding the foregoing, adjustments to the not-to-exceed reimbursable hours expressly authorized in Exhibit A may be approved administratively in the manner described in Exhibit A without further City Council or District Board action.

SECTION 10 – NO THIRD PARTY BENEFICIARIES
Except for indemnification provisions under section 6, this Agreement does not confer any rights on any third party, and nothing set forth herein will be construed so as to confer on any third party a right of action under this Agreement.
6 [SIGNATURES ON FOLLOWING PAGE]
7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date set forth above.
“DISTRICT”
Charter Oak Unified School District
By: _______________________________
Seth Bond, Ed. D.

Assistant Superintendent, Human
Resources
“CITY”
City of Glendora
By: ________________________________________
Adam Raymond
City Manager
A-1

EXHIBIT A

FEE SCHEDULE
The District shall pay the City by the hour for services provided through this Agreement as follows:
• 2026/2027 Fully Burdened Compensation Rate for Library Services Manager: $141.53 per hour. The hourly rate can be adjusted by the City of Glendora at any time based on actual increases to the Fully Burdened Compensation Rate as calculated by the Glendora Finance Department.

However, that annual adjustment shall not increase from year to year by more than ten (10) percent, with any excess being permitted to be allocated in the following yearly adjustment.

The City will provide the District with a quarterly invoice itemizing the hours expended in performance of such services pursuant to this Agreement.

The total contract not-to-exceed amount is three (3) hours per quarter under this Agreement within any City fiscal year period, from July 1 to June 30 of the following year, unless there is prior written authorization from the Superintendent of the District to the Library Director of the City of Glendora Library to raise the contract not-to-exceed amount, and the City agrees in writing to perform additional contract services. The Library Director of the City of Glendora Library may decline a proposed increase in the contract not-to-exceed amount if the City lacks necessary employee position allocations to provide additional services, in which case the Library Director of the City of Glendora Library will provide prompt written notification to the Superintendent of the District of this fact.

The City shall invoice the District on a four times per year basis in arrears after the quarter has been completed with an accounting of the hours provided by the City employee for the services rendered. The District shall pay the City’s invoices within thirty (30) days of receipt.

AGENDA ITEM
MEETING DATE: Tuesday, March 13, 2018
TITLE: Approve an Agreement for Professional Library Services for Charter Oak Unified School District.

PRESENTED BY: Janet Stone, Library Director
RECOMMENDATION: Authorize the City Manager to execute the Agreement between City of Glendora and Charter Oak Unified School District for Professional Library Services.

BACKGROUND:

The Charter Oak Unified School District (COUSD) consists of eleven schools, five of which lie within the City of Glendora and have a combined enrollment of almost 1,000: Arrow High (Continuation), Bridges Community Day, Oak Knoll Alternative, Washington Elementary, and Willow Elementary. In January 2018, COUSD approached Glendora Public Library, as the District was in need of developing a memorandum of understanding with a local library for the purposes of providing support for the library services offered at the schools in the district.

DISCUSSION:

COUSD has a District Library Committee, formed in 2006 when the State of California provided one-time library grant funds to districts to assist them in providing up-to-date, relevant, and high-interest library books for students. The group meets four times per year.

The charge for Committee members, which consist of the COUSD Coordinator of Curriculum, Instruction, and Assessment and seven site library media assistants, is to create welcoming library environments for both staff and students, encouraging a lifelong love of reading and promoting collaboration amongst the school and local communities. In addition, the District Library Committee members help site staff to establish goals for each year in alignment with the District goals and objectives, informing the development of each school's Single Plans for Student Achievement.

COUSD proposed formalizing Glendora Public Library’s role in this committee, and together the Library, City of Glendora, and COUSD determined that it was feasible for the Library to participate, advising District Administration on the selection and ordering of library books, and generally consulting regarding school library services and activities. These services are outlined in Section 3 of the proposed agreement, and Exhibit A includes a compensation schedule to offset associated staffing costs.

The proposed agreement, reviewed by the Glendora City Manager and City Attorney, is expected to go before the COUSD Board on 8 March.

AGREEMENT SUMMARY:
 Services: advising District Administration on the selection and ordering of library books, general consulting regarding school library services and activities, and participating with the District Library Committee.
 Term: one year starting July 1, 2018, to continue thereafter from year to year, under the same terms and conditions, unless terminated by either of the parties.  Time commitment: total contract not-to-exceed amount is three (3) hours per quarter within any City fiscal year period, unless there is prior written authorization.  Compensation: 2017-18 Fully Burdened Compensation Rate for Senior Librarian.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not Applicable.

FISCAL IMPACT:

The Charter Oak Unified School District shall pay the City of Glendora by the hour for services provided as stated in Exhibit A of the agreement.

Respectfully submitted,
Janet Stone
Janet Stone
Library Director
Director Finance CEQA Attorney City Manager
Janet Stone June Overholt Not Required Not Required -
ATTACHMENTS:

Attachment A - Agreement

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: Public Works DISTRICT(S): 4
SUBJECT: Consider an Agreement for Public Works Services with Best Contracting Services, Inc. for the Water Yard Warehouse Roof Repair Project in an amount not to exceed $63,211

RECOMMENDATION
That the City Council:

1. Award an Agreement for Public Works Services with Best Contracting Services, Inc. for the "Water Yard Warehouse Roof Repair" Project in the amount not to exceed $63,211;

2. Authorized a fifteen percent (15%) contingency in an amount $9,482; and

3. Authorized the City Manager or his designee to execute the Agreement including minimal and/or nonsubstantive changes.

STRATEGIC FOCUS AREAS
N/A

EXECUTIVE SUMMARY
The Sierra Madre Avenue Water Yard property was originally constructed in 1916. The Warehouse is one of the original buildings at the property. The Facility Condition Assessment (FCA) completed by Bureau Veritas noted that roof leaks have been an on-going problem at the Warehouse causing extensive interior wood damage. The FCA recommended the roof be replaced to prevent further damage to the structure.

Best Contracting Services, Inc. has successfully completed other roofing projects for the City of Glendora and has provided a proposal in the amount of $63,211 to complete the roof replacement project. This project is a “Level 1” project per GMC § 2.40.150(b)(5). Therefore, competitive bidding is not required, and the work may be completed by negotiated contract. In order to complete this project in a timely manner, Staff recommends Council award the Water Yard Warehouse Roof Repair project to Best Contracting Services, Inc.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The alternative bid procedures in Public Contact Code (PCC) § 22030 apply “only to a public agency whose governing board has by resolution elected to become subject to the uniform construction cost accounting procedures set forth in Article 2, commencing with PCC Section 22010, and which has notified the Controller of that election.”
The Glendora City Council adopted Resolution CC 2024-20 on the 28th day of May 2024 whereby the City elected to become subject to the uniform construction cost accounting procedures . The State Controller’s Office acknowledged receipt of the resolution in a letter dated July 1, 2024.

Pursuant to PCC § 22032(a), public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.

Glendora Municipal Code (GMC) § 2.40.150(b)(5) defines "Level 1 projects" as public projects below the monetary threshold of PCC § 22032(a). In addition, GMC § 2.40.150(c)(1) states that Level 1 projects may be awarded by negotiated contract or by purchase order without competitive bidding.

DISCUSSION
The Sierra Madre Avenue Water Yard property was originally constructed in 1916. The Warehouse is one of the original buildings at the property. The Facility Condition Assessment (FCA) completed by Bureau Veritas noted that roof leaks have been an on-going problem at the Warehouse causing extensive interior wood damage. The FCA recommended the roof be replaced to prevent further damage to the structure.

Best Contracting Services, Inc. has successfully completed other roofing projects for the City of Glendora. In order to expedite the project, staff reached out to Best Contracting to obtain a proposal for the Water Yard Warehouse Roof Repair project. The proposed price was $63,211 to complete the project. The condition of the roof deck will not be known until after the existing roof system has been removed to expose the underlying wood. A 15% contingency has been included to cover the cost of any necessary roof deck repairs.

The scope of work includes:

Tear off existing built up roof system
Inspect plywood/sheathing and replace as needed
Install new 1/4" DensDeck roof board over entire roof deck Install a new 60-mil PVC roofing system with all heat-welded seams, including PVC flashing and drains per manufacturer specifications to meet a 20-year warranty
Install roof cricket system to properly divert water to existing scupper drains For the composition shingle area, tear off existing shingles down to the wood deck and inspect for damage and replace as needed.

Install new drip edge metal at perimeter, new #30 base felt, and install new 30-year architectural composition shingles
Install new roof vents
The Water Yard Warehouse Roof Repair project is a “public project” as defined in PCC § 22002(c). In addition, with a total cost of $72,693, including the 15% contingency, this project is a “Level 1” project per GMC § 2.40.150(b)(5).

Therefore, competitive bidding is not required, and the work may be completed by negotiated contract. In order to complete this project in a timely manner and eliminate design costs to prepare plans and specifications for a formal bid, Staff recommends Council award the Water Yard Warehouse Roof Repair project to Best Contracting Services, Inc.

FISCAL IMPACT
Sufficient appropriations are available in the FY2025-27 Adopted Two-Year Budget in the Water Capital Projects Fund (502) project number 6025101. Project number 6025101 provided for $6.5 million of water improvements in FY2024-25. There is $5,244,894 remaining and available due to previous uses for the Lone Hill Water Main (6025105), Oak Park Road (6025104), Water Facility Assessment and Improvements (6026103), and San Gabriel Plant Roof Replacement (TBD) projects as detailed in the table below.

Project Number
Council
Date
Vendor Amount
Water Projects (undefined), FY 2025,
Fund 502 6025101
June 11,
2024
Not Applicable $6,500,000
Less transfers to other projects
Lone Hill Water Main Relining Project 6025105 April 8, 2025 Big Ben Inc. $537,462 Oak Park Road Project 6025104
May 27,
2025
J. De Sigio
Construction, Inc. $314,804
Water Facility Assessment and
Improvement Project
6026103
February 10,
2026
Civiltec Engineering,
Inc.
$352,840
San Gabriel Plant Roof Replacement TBD
July 14,
2026
Best Contracting
Services, Inc. $75,000
Available Budget $5,219,894
Requested Expenditure
Water Yard Warehouse Roof Repair
Project TBD
June 23,
2026
Best Contracting
Services, Inc. $72,693
Remaining Available Budget $5,147,201
A new project number will be generated to specifically track this project upon City Council approval.

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

Prepared By: Paul Fisher, Business Services Manager
Concurs With: Not Applicable
Reviewed By: Moises Lopez, Assistant City Manager
Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_Agreement.pdf

AGREEMENT FOR PUBLIC WORKS SERVICES
By and Between

CITY OF GLENDORA
and
BEST CONTRACTING SERVICES, INC.

Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 1

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
BEST CONTRACTING SERVICES, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2026 by and between the City of Glendora, a California municipal corporation (“City”) and Best Contracting Services, Inc., a California corporation (“Contractor”). City and Contractor may sometimes be referred to herein, individually as a “Party” or collectively, as the “Parties.”

RECITALS
A. Pursuant to the City of Glendora Municipal Code Section 2.40.150(c)(1), the City has authority to enter into and execute contracts for Level 1 Projects by negotiated contract without competitive bidding. Level 1 projects, as defined in Glendora Municipal Code Section

2.40.150(b)(5), are public projects below the monetary threshold set forth in Public Contract Code Section 22032(b).

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

C. Pursuant to the City of Glendora Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the 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 Project Documents for the Project (as each such terms are defined below), in compliance with all terms and conditions of this Agreement, and as described in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 2 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 Project Documents.

The Scope of Work shall include the proposal and any other documents submitted from Contractor to the City for the project entitled “Water Yard Warehouse Roof Repair” (the “Project”), including any documents or exhibits referenced therein (collectively, “Project Documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the Project Documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 3 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 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.”
Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 4 Contractor’s Authorized Initials _______________
Ryan Garcia
Vice President of Sales
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 5 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 Project Documents, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance by the City for the Project, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 6 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 Project 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.

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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 7 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 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 $63,211 (Sixty-Three Thousand Two Hundred Eleven Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

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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.

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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 9 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.

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.

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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.

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 six (6) months 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:

Sean Tabazadeh, Chief Executive Officer
Kayhan Modir-Fatemi, Executive Vice President
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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 11 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 City’s 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.

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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) 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. (f) 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. (g) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

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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.
(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.

Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 14 (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, 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 15 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, 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 16 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 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 17 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.

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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 18 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 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.

Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 19 (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 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 20 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 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 21 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 $400 (Four Hundred 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 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 22 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 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 23 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, 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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 24 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 ___________________
Ryan Garcia
Vice President of Sales

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 Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 25 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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 PW Agreement – Best Contracting Services, Inc. (Glendora Water Yard Roof Repair) 05.12.2026 1 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:

BEST CONTRACTING SERVICES, INC., a California
corporation
Name: Ryan Garcia
Title: Vice President of Sales
Email: [email protected]
Name: Kayhan Modir-Fatemi
Title: Executive Vice President
Email: [email protected]
Address: 19027 S. Hamilton Ave.

Gardena, CA 90248
Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 Apr 15, 2026 | 8:30 AM PDT
Apr 30, 2026 | 7:37 AM PDT
01240.0001 2034148.1 8/23/2025 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform and complete all services related to the water yard roof repairs required for the property located at 10551 E. Sierra Madre Ave., in the City of Glendora as described below:
(a) Warehouse Roof Repair
a. Tear off existing BUR roof system to the wood deck.
b. Inspect plywood/sheathing for dry rot or deterioration; any required replacement to be performed at an additional cost
c. Install new 1/4" DensDeck over entire roof deck
d. Mechanically install a new 60-mil PVC roofing system with all heat-welded seams, including required PVC flashing and drains per manufacturer specifications to meet a 20-year warranty
e. Install roof cricket system to properly divert water to existing scupper drains f. For the composition shingle area, tear off existing shingles down to the wood deck and inspect for damage.
g. Install new drip edge metal at perimeter, new #30 base felt, and install new 30- year architectural composition shingles
h. Install new roof vents as required
(b) Exclusions
a. Drains, scuppers and crickets.
b. All carpentry, electrical, HVAC-mechanical and plumbing. c. All sheet metal work and metal roofing.
d. Deck preparation: (Tear-off, repair and replacement). e. Asbestos abatement.
f. Protection of completed roofing from construction traffic.

II. 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.

Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025 A-2
III. 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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

I. Section 1.10 (Additional Work and Change Orders), Subsection (b), of the Agreement shall be revised as follows:
(b) Any increase in compensation of up to fifteen ten percent (10 15%) 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.

Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Upon the satisfactory completion of the work set forth in this Agreement by Contractor, Contractor shall be compensated at a lump sum amount of $63,211.

II. The total compensation for the services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025 D-1
EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Work 15 working days
from City’s issuance
of the NTP
TBD
II. Contractor shall deliver the following tangible work products to the City by the following dates.

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

Docusign Envelope ID: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Best Contracting Services, Inc., as Contractor (“Principal”), a Contract for the work entitled and described as follows: “Water Yard Warehouse Roof Repair”;
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 Sixty Three Thousand Two Hundred Eleven Dollars ($63,211), 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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025 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)
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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Best Contracting Services, Inc., as Contractor (“Principal”), a Contract for the work entitled and described as follows:
“Water Yard Warehouse Roof Repair”;
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 Sixty Three Thousand Two Hundred Eleven Dollars ($63,211), 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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025
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)
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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025

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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025
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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025

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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025
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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025
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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025

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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025
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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025
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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025

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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025

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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354 01240.0001 2034148.1 8/23/2025
(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: 4EA584C9-5ED5-845D-8106-FCC43DAC9354

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Consideration of Amendment No. 2 to the Contract Services Agreement Between the City of Glendora and Craftwater Engineering, Inc. for Continued Design, Permitting, and Project Support Services for the Finkbiner Park Stormwater Capture Project

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 2 to the Contract Services Agreement with Craftwater Engineering, Inc. for the Finkbiner Park Stormwater Capture Project, increasing the contract amount from $1,121,065 to $1,597,211, with a 10% contingency of $159,721, for a total not-to-exceed contract amount of $1,756,932, and extending the maximum term of the Agreement from four (4) years to seven (7) years;

2. Authorize the Public Works Director to approve additional services and execute any necessary change orders in an amount not-to-exceed ten percent (10%) of the Contract Sum, or $159,721; and

3. Authorize the City Manager or his designee to execute Amendment No. 2, including any minimal and/or nonsubstantive changes.

STRATEGIC FOCUS AREAS
Goal 4 - Sustainable Infrastructure
• Action 4.9 MS4 Permit Compliance

EXECUTIVE SUMMARY
The Finkbiner Park Stormwater Capture Project is a regional stormwater capture project funded through the Safe, Clean Water Program (SCWP) Regional Program. The Project will capture and infiltrate stormwater runoff, improve water quality, increase local water supply reliability, and provide community enhancements at Finkbiner Park.

As the Project has advanced through final design and regulatory permitting, additional engineering, permitting, grant compliance, and water design services have been identified that were not included in the original scope of work or require a greater level of effort than originally anticipated. Amendment No. 2 would provide the additional professional services necessary to complete final design, secure regulatory approvals, facilitate the transfer of construction funds from the Safe, Clean Water Program, and support future project implementation.

The proposed amendment would increase the contract amount by $476,146, increase the total contract amount to $1,597,211, authorize a 10 percent contingency of $159,721, and extend the maximum term of the Agreement from four (4) years to seven (7) years.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Los Angeles County voters approved Measure W in November 2018. In January 2020, the City Manager approved a Contract Services Agreement with Craftwater Engineering, Inc. (Craftwater) to assist with the Safe, Clean Water Program (SCWP) grant application for the Finkbiner Park Stormwater Capture Project design. The Agreement was extended in both January 2021 and April 2022 to lengthen the terms of the contract to include additional meetings and project coordination.

In 2023, Finkbiner Park Stormwater Capture Project was awarded SCWP Regional funding totaling approximately $18.36 million for FY 2024/25 through FY 2026/27 for the construction phase of the project.

On January 27, 2026, City Council approved Amendment No. 1 to provide additional project support services necessary for continued project development. The Project has since completed CEQA review, advanced through 90% design, and is currently progressing through final design and regulatory permitting.

DISCUSSION
As the Project has advanced toward final design and permitting, several additional tasks have been identified that were either not included in the original scope of work or require a greater level of effort than originally anticipated.

Amendment No. 2 includes additional services necessary to complete final project design, secure regulatory approvals, satisfy SCWP requirements, support securing construction funding, and incorporate water system improvements required for project implementation.

The proposed amendment includes the following major components:

Completion of the 100% Plans, Specifications, and Estimates (PS&E) package, including incorporation of design revisions, agency comments, and coordination with the proposed water main improvements.

Additional Los Angeles County Flood Control District (LACFCD) permitting support, including preparation of supplemental analyses, permit documentation, responses to agency comments, and updates to operations and maintenance documents.

U.S. Army Corps of Engineers Section 408 permitting support associated with improvements affecting Little Dalton Wash.

Continued Safe, Clean Water Program reporting and preparation of required construction funding documents, including Exhibit A and a Post-Construction Monitoring Plan for the Transfer Agreement with the Los Angeles County Flood Control District.

Design of a new 8-inch domestic water main and replacement of the existing irrigation main within Finkbiner Park. During project development, it was determined that relocation of an existing water main would be required as part of the project and that upsizing the line would improve fire flow capacity and service reliability within the park and surrounding neighborhood.

The additional work will allow the Project to advance through final design, complete required permitting processes, allow the City to obtain construction funding, and prepare the Project for future bid advertisement and construction.

Amendment No. 2 also extends the maximum term of the Agreement from four (4) years to seven (7) years. The extended term will provide sufficient time for completion of final design, regulatory permitting, and other projectrelated activities that may be required through implementation of the Finkbiner Park Stormwater Capture Project.

FISCAL IMPACT
The City has received $2.58 million for design and has been allocated $18.36 million for construction from the Safe, Clean Water Program.

Amendment No. 2 increases the Craftwater Engineering contract amount by $476,146, from $1,121,065 to $1,597,211. Staff is also requesting approval of a ten percent (10%) contingency in the amount of $159,721, resulting in a total not-to-exceed contract amount of $1,756,932.

Sufficient appropriations are available in the FY2025-27 Adopted Two-Year Budget Five-Year Capital Improvement Plan for the amendment and contingency through the Safe, Clean Water Program Regional Program grant which is budgeted for the Finkbiner Park Stormwater Capture Project in the the Measure W Fund (250) and the Stormwater Investment Fund (251).

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

Prepared By: Stephanie Ryan, Management Analyst
Concurs With: Not Applicable
Reviewed By: Moises Lopez, Interim Public Works Director Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_Amendment_No_2_-_Craftwater_Engineering_-_Finkbiner_Park_Stormwater_Cap.pdf B_Presentation_-_Craftwater_Amendment_No_2.pdf
C_Amendment_No_1_Craftwater_Finkbiner_Park_-_Fully_Executed_2026.pdf D_Craftwater_Finkbiner_Park_Original_Contract_052022.pdf Finkbiner Park Stormwater Capture Project, Plan No. 1362 AMENDMENT NO. 2

TO CONTRACT SERVICES AGREEMENT
THIS AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT (“Amendment”) is made by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and CRAFTWATER ENGINEERING, INC., a California corporation (“Consultant”) effective as of the _____ day of __________, 2026. City and Consultant may be referred to, individually as a “Party”, or collectively, as the “Parties”.

RECITALS
A. City and Consultant entered into that certain Contract Services Agreement dated April 26, 2022 (the “Original Agreement”), as amended by those certain letter amendments between the Parties dated May 2, 2024 and April 8, 2025, and that certain First Amendment to Contract Services Agreement dated January 27, 2026 (as so amended, the “Agreement”) whereby Consultant agreed to provide design and project management services for the Finkbiner Park Stormwater Capture Project (the “Project”). Initially capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.

B. City and Consultant now desire to amend the Agreement to increase the Contract Sum, extend the Term of the Agreement and provide additional permitting services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 1.9 (Additional Services) of the Original Agreement shall be revised as follows:
“City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to $159,721 (10%) ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Amendment No. 2 – Craftwater (Finkbiner Park Stormwater Capture Project, Plan No. 1362) 06.23.2026 -2- b. Section 2.1 (Contract Sum) of the Original Agreement shall be revised as follows:
“2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,597,211 (One Million Five Hundred Ninety-Seven Thousand Two Hundred Eleven Dollars) $1,121,065 (One Million One Hundred Twenty-One Thousand Sixty-Five Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
c. Section 3.4 (Term & Extended Term) of the Original Agreement shall be restated in its entirety as follows:
“3.4 Term & Extended Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding seven (7) four (4) years from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion extend the Term for one additional one-year period by giving advance written notice of the same not later than 60 days prior to the expiration of the Term."
d. Exhibit A (Scope of Services) shall be revised to add the additional scope of services set forth in Exhibit “A-2”, attached hereto. e. Exhibit C (Schedule of Compensation), Paragraph I shall be replaced in its entirety as shown on Exhibit “C Revised”, attached hereto. f. Exhibit C-1 (Billing Rates) is hereby replaced in its entirety with Exhibit “C-1 Revised”, attached hereto.
g. Exhibit D (Schedule of Performance), Paragraph I, shall be replaced in its entirety as shown on Exhibit “D-1”, attached hereto.

2. Continuing Effect of Agreement. Except as amended by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each Party Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Amendment No. 2 – Craftwater (Finkbiner Park Stormwater Capture Project, Plan No. 1362) 06.23.2026 -3- represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

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

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

4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.

6. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Amendment No. 2 – Craftwater (Finkbiner Park Stormwater Capture Project, Plan No. 1362) 06.23.2026 -4- IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:

CRAFTWATER ENGINEERING, INC., a California
corporation
Name: Chad Helmle
Title: President
Email Address: [email protected]
Name: Oliver Galang
Title: Principal Engineer
Email Address: [email protected]
Address: 10711 Oakbend Drive, San Diego, CA 92131
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN.

Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Jun 4, 2026 | 12:16 PM PDT
Jun 4, 2026 | 9:56 AM PDT
Finkbiner Park Stormwater Capture Project, Plan No. 1362 EXHIBIT “A-2”
The following services shall be performed by the Consultant in addition to the services described in Exhibit A to the Agreement:

A. Task 5.5: 100% PS&E Development

1. Complete the final design submittal, including bid ready plans, specifications, and supporting documents. All materials will meet City standards and be stamped by a registered California Design Professional. Given the large amount of design changes that have occurred since the completion of the 90% design and the incorporation of the new water main design into the package (Task 11), Consultant shall submit the 100% design package in two stages (Draft and Final).

Specifications will include a bid schedule and incorporation of the front end bidder instruction documents to be provided by the City.
i. 100% Design Package (DRAFT). It is anticipated that a DRAFT 100% Design package will be submitted for City review. This DRAFT will incorporate all changes required to address the LACFCD comments as well as the water main design into one cohesive PS&E package. Consultant will attend the final submittal review meeting to discuss final review comments on the package.
ii. 100% Design Package (FINAL). Responses to the comments on the DRAFT package will be provided and the PS&E documents will be revised accordingly before submitting the FINAL package. This scope includes time for minor revisions to the 100%
B. Task 6.5: LACFCD Permitting

1. Consultant will provide additional engineering and coordination services associated with obtaining and responding to comments from LACFCD. Additional services shall include, but are not limited to:
- Preparation and development of supplemental supporting materials, exhibits, calculations, narratives, and permit documentation required by LACFCD during permit review.
- Additional internal project management and staff coordination associated with permit processing and agency communication.
- Attendance at meetings and coordination with LACFCD staff, project team members, and other stakeholders related to permit review and approval. - Preparation of responses to agency comments and revisions to submitted permit documents (e.g. UMA Exhibits and Operations and Maintenance Plan).

C. Task 6.6: USACE SECTION 408 Permit
Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362

1. Under Task 6.6, Consultant request authorization to add scope and budget for USACE Section 408 permit support services. The proposed scope is as follows:
i. USACE SECTION 408 PERMIT:

The project team will work collaboratively to prepare the Section 408 Permission Submittal Checklist (Checklist). Psomas will lead the effort, with Craftwater Engineering (Craftwater) and the City of Glendora (City) providing project-specific technical data, materials, and documentation needed to complete the Checklist and submittal package. Team members will also support responses to any USACE requests for additional information.
ii. The Checklist includes:
a. General Documentation
b. Technical Analysis and Design Documentation
c. Operations and Maintenance Documentation
d. Real Estate Documentation
e. Environmental Compliance Documentation
f. Appendix A: O&M Manual Addendum Guidance
iii. General Documentation: The team will compile general information to complete this section, including (but not limited to):
a. Maps
b. As-Builts
c. Geospatial Data
d. Project Schedule
e. Photographs
f. Required Correspondence
g. Quality Control Certification.
ii. Technical Analysis and Design Documentation: The team will compile technical documentation, including (but not limited to):
a. Construction Plans
b. Structural (if needed)
c. Hydrologic and Hydraulics
d. Geotechnical (if needed)
e. Review Plan (if needed)
iii. Operations & Maintenance Documentation: The team will collaboratively compile information for this section of the Checklist.
iv. Real Estate Documentation: The team will compile this section using information provided by the City.

Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 v. Environmental Compliance: The team will compile documentation in accordance with the Checklist and coordinate to address any gaps in available information.

Overall, this budget reflects a coordinated team effort to compile required materials, support agency coordination, and facilitate USACE review. It is a good-faith estimate; if additional effort is required due to USACE feedback or requirements, a change order may be needed.

D. Task 6.7 – NEPA Environmental Assessment (Section 408 Requirement):

1. Under Task 6.7, Consultant shall provide NEPA Environmental Assessment (EA) support services. This task is considered contingent and preliminary, as the need for an EA will not be determined until completion of the USACE’s initial review of the Section 408 permit application. Accordingly, this scope will be initiated only upon confirmation from the USACE.

2. If a Section 408 permit is required to modify Little Dalton Wash for Project implementation, Psomas will work with the USACE to prepare and process an Environmental Assessment (EA) pursuant to the National Environmental Policy Act (NEPA). A NEPA EA is required because modification of a USACE facility requires compliance with federal environmental regulations.

3. The purpose of the EA is to document that the Project will have no significant impacts related to federal environmental laws including the Endangered Species Act and the National Historic Preservation Act. The EA will evaluate how the Project affects topics such as biological resources, archaeological/historic resources, jurisdictional waters, air and water pollution, traffic, geotechnical risks, public safety issues, and hazardous substance issues. The exact scope and requirements of the EA will be determined through coordination with the USACE following its review and confirmation that an EA is required.

E. Task 10.0: Safe Clean Water Reporting

1. Task 10.1: Bi-Annual Progress/Expenditure Reports
i. Reports are no longer required quarterly and instead are submitted biannually (twice a year). Consultant will prepare Bi-annual Progress/Expenditure Reports. The four remaining periods covered under this additional scope are June 2026, December 2026, June 2027, and December 2027. The reports will describe in detail the activities completed and milestones achieved during the time period. Craftwater will submit the reports to SCW using the City’s reporting module.

2. Task 10.2: Annual Summary of Bi-Annual Progress/ Expenditure Reports i. Additionally, Consultant will prepare the 2026 and 2027 annual summary of the Bi-Annual Progress/Expenditure Reports for submission to the Watershed Area Steering Committee. This summary report will be submitted no more than six months after the close of the fourth quarter and Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 includes the items specified in the Regional Transfer Agreement.

Specifically, the report will demonstrate how the project provides Water Quality Benefits, Water Supply Benefits (if applicable) and Community Investment Benefits in line with SCW Program Goals and the specific targets and metrics outlined in Exhibit A of the transfer agreement.

3. Task 10.4: Exhibit A Development
i. Consultant will prepare the Exhibit A document that is required to be completed as part of the SCW Regional Program Transfer Agreement.

Consultant will coordinate with the City to ensure the document is in line with their abilities to track project compliance. Exhibit A will generally include a discussion on the following components:
ii. Project Description:
a. Scope of Work
b. Project Deliverables
c. Project Schedule
d. Budget and Funding Allocation
e. Performance Metrics/Benefits
f. Reporting Requirements
g. Operations and Maintenance and Monitoring Commitments h. Consistency with Approved Funding Application
F. Task 10.5: Post-Construction Monitoring Plan

1. Consultant will develop a monitoring plan that will outline baseline conditions, demonstrate BMP performance, and determine the post-construction water quality improvements and water supply benefits. The plan will comply with SCW Program requirements and identify the water quality parameters to be measured and sampling locations. The sampling locations will focus on the quality of dry weather urban runoff and stormwater. The monitoring plan will include sampling requirements to assess project performance.

2. At a minimum the plan will include:
i. Project description
ii. Monitoring objectives
iii. Sampling procedures and analytical methods, and quality control iv. Data quality objectives
v. Data management, verification, and reporting
vi. A health and safety plan.

3. It is anticipated that a Draft and Final version of the post-construction monitoring plan will be reviewed and approved by the City prior to submitting the Final version to the Safe, Clean Water Program.

G. Task 11.0: Water Main Design
Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362

1. Consultant will prepare plans, specifications, and cost estimates necessary for the construction of a new 8” ductile iron domestic water main and 6” ductile iron irrigation main. Three design submittals are anticipated. In addition to Final 100% documents, the PS&Es will also be submitted at a 60% and Draft 100% design levels. Consultant will attend design review workshops after the 60% and Draft 100% submittals as needed.

2. Task 11.1: 60% PS&E Development
i. Given the straightforward design of the water main it has been recommended that the project progress directly to the 60% design level. ii. For the 60% design submittal, the project team will prepare the design to a 60% level. All of the design drawings will be developed. Specifications and cost estimates will be prepared and address all project components. iii. For the 60% submittal it is assumed that the water main design development will be submitted separate from the larger stormwater capture project. This is so that the Water Department can have a focused review. While Consultant will adjust the stormwater capture design as needed to accommodate the new water main design, the plans developed for the water main will be prepared such that they could be removed from the overall plan set if needed.
iv. Digital electronic files (pdf) of 60% plans, specifications, and cost estimate will be submitted. A separate cost estimate and specifications document that focuses on the watermain improvements only will be provided. v. It is assumed that a 60% Design Workshop will be convened at a location to be named by the City approximately two (2) weeks following Consultant’s receipt of comments on the 60% design. A review comment matrix will be prepared to capture review comments and responses of all comments. The responses will be meaningful and descriptive enough to allow the City to fully understand the nature of the comment and how the comment will be addressed. Deliverables include:
a. 60% Plans: One copy of digital electronic files of 60% Plans will be submitted. Plans will be prepared consistent with the City’s most recent water line projects.

Most plan sheets will be at a 1”=30’ scale and will be developed using the latest AutoCAD format. Overall layouts may be included at a smaller scale and details or interconnection points shown at a larger scale (1”=10’). Consultant estimates approximately 6 sheets will be developed and will include:
• General Construction Notes and List of Materials (1 total) • Water Main Plan view sheet (1 total)
• Bypass Plan (1 total)
Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 • Details (1 total)
• Traffic Control Plan (2 total)
The Traffic Control Plans will cover both the water main and the road improvements in the alley and the water main improvements at the intersection of Minnesota Ave and East Dalton Ave and will utilize the California MUTCD.
b. 60% Specifications. One digital pdf copy of project specifications will be prepared and submitted. The specifications will be developed using CSI-format specifications to maintain consistency with the remainder of the project documents. Standard Specifications for Public Works Construction (“Greenbook,” most recent edition) will be referenced where applicable, along with project-specific Special Provisions. A list of all required submittals will also be included. It is assumed that the City will provide samples of recent project specifications for reference.
c. 60% Engineer’s Estimate. One digital pdf copy of the engineer’s opinion of probable construction costs will be prepared and submitted.

The cost estimate will be a rough order of magnitude preliminary opinion of costs. Actual costs may vary. As needed in-house sources, recent bids on similar construction, and BNI Public Works Costbook will be used. All bid items shall include payment for labor and materials.

J. Task 11.2: 100% Design Submittal

1. For the 100% design submittal, the project team will incorporate 60% design review comments from the City and others and QA/QC review, and provide a complete set of plans and specifications suitable for the bid phase of the project. Drawings will conform to the City Standards and will be signed and stamped by a registered civil engineer in the State of California. Project specifications will be signed and stamped by a registered civil engineer.
a. 100% Design Package (DRAFT). At this point, plans, specifications, and estimate for the water main improvements will be combined with the larger stormwater capture project documents to provide one cohesive bid package to be constructed under one construction contract. It is anticipated that a DRAFT 100% Design package will be submitted for City review. Then, Consultant will attend the final submittal review meeting to discuss final review comments on the package.
b. 100% Design Package (FINAL). Responses to the comments on the DRAFT package will be provided and the PS&E documents will be revised accordingly before submitting the FINAL package.

Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 EXHIBIT “C REVISED”

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

TASK DESCRIPTION TOTAL COST
Task 1: Project Management, Coordination, and Meetings
Task 1.1: Project Schedule $5,442.00
Task 1.2: Project Coordination $45,140.00
Task 1.3: Project Meetings $41,942.00
Task 1.4: Project Administration $19,440.00
SUBTOTAL Task 1 $111,964.00
Task 2: Site Investigation and Utility Research
Task 2.1: Field Investigation $3,890.00
Task 2.2: Records Research $4,070.00
Task 2.3: Utility Research $11,088.00
Task 2.4: Potholing $16,632.00
Task 2.5: Topographic Survey and Utility Mapping $23,236.00 SUBTOTAL Task 2 $58,916.00
Task 3: Geotechnical Investigation
Task 3.1: Geotechnical Investigation $57,427.00
SUBTOTAL Task 3 $57,427.00
Task 4: Stormwater Capture Strategy Updates
Task 4.1 Hydrologic and Hydraulic Analyses $36,144.00
Task 4.2: Water Quality Analysis and Optimization $16,319.00 Task 4.3: Water Conservation Analysis $11,645.00
SUBTOTAL Task 4 $64,108.00
Task 5: Design Plans, Specifications, and Estimates
Task 5.1: 60% PS&E Coordination $243,778.00
Task 5.2: 60% Constructability Review $22,593.00
Task 5.3: 90% PS&E $185,831.00
Task 5.4: 90% Constructability Review $8,346.00
Task 5.5: 100% Plans $221,283.00
SUBTOTAL Task 5 $681,831.00
Task 6: Environmental Documentation (CEQA) and Permitting Support
Task 6.1: CEQA Environmental Documentation and Technical Analyses $73,375.00 Task 6.2: Section 106 Assessment $10,473.00
Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 Task 6.3: Jurisdictional Delineation $9,034.00
Task 6.4: Regulatory Permitting $51,177.00
Task 6.5: LACFCD Permitting $34,584.00
Task 6.6: USACE Section 408 Permit $37,361.00
Task 6.7: NEPA EA Optional Task $65,576.00
Task 6.8 Additional Reporting (Change Order Number 1) $11,939.00 Other Direct Costs $30,866.00
SUBTOTAL Task 6 $324,385.00
Task 7: Public Engagement
Task 7.1: Communication Materials $11,018.00
Task 7.2: Finkbiner Pop Ups $22,425.00
Task 7.3 Survey Development and Data Collection $14,186.00 Task 7.4: Key Stakeholder Interviews $5,068.00
Task 7.5: Reporting and Presentations $4,049.00
SUBTOTAL Task 7 $56,746.00
Task 8: Grant Application Preparation and Submittal
Task 8.1: Grant Identification and Competitiveness Assessment $5,690.00 Task 8.2: Grant Application Preparation and Submittal $44,834.00 SUBTOTAL Task 8 $50,524.00
Task 9: Operation, Maintenance, and Monitoring
Task 9.1: Operation and Maintenance Plan $15,072.00
Task 9.2: Post-Construction Monitoring Plan $8,516.00
SUBTOTAL Task 9 $23,588.00
Task 10: SCW Reporting
Task 10.1: Quarterly Progress/Expenditure Reports $27,092.00 Task 10.2: Annual Summary of Quarterly Progress/Expenditure Reports $13,420.00
Task 10.3: Miscellaneous Supporting materials $6,408.00 Task 10.4: Exhibit A Development (Construction Phase) $4,916.00 Task 10.5: Post-Construction Monitoring Plan $18,062.00 SUBTOTAL Task 10 $69,898.00
Task 11: Water Main Design
Task 11.1: 60% PS&E Development $62,272.00
Task 11.2: 100% Design Submittal (Draft and Final) $35,552.00 SUBTOTAL Task 11 $97,824.00
GRAND TOTAL (Not-to-exceed) $1,597,211.00
Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 EXHIBIT “C-1 REVISED”

BILLING RATES
[Attached]
Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 Finkbiner Park Stormwater Capture Project, Plan No. 1362 EXHIBIT “D-”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and tasks timely, in accordance with the timeframes and any deadlines set forth by the Contract Officer.

Docusign Envelope ID: EF0E8CD3-23C0-81F0-80EC-2E3D754A9605 CONSIDERATION OF AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF GLENDORA AND CRAFTWATER ENGINEERING, INC. FOR

CONTINUED DESIGN, PERMITTING, AND PROJECT SUPPORT SERVICES FOR THE

FINKBINER PARK STORMWATER CAPTURE PROJECT

PUBLIC WORKS

GLENDORA CITY COUNCIL
JUNE 23, 2026

STEPHANIE RYAN, MANAGEMENT ANALYST

FINKBINER PARK STORMWATER CAPTURE

PROJECT
• Regional stormwater capture project funded
through the Safe, Clean Water Program
(Measure W)
• Captures and infiltrates stormwater runoff
• Improves water quality and local water
supply reliability
• Provides community and park
improvements
• Currently in final design and regulatory
permitting phase

PROJECT OVERVIEW
Additional services are needed to:
• Complete 100% Plans, Specifications and
Estimates (PS&E)
• Support Los Angeles County Flood Control
District permitting
• Support U.S. Army Corps Section 408
permitting
• Complete Safe, Clean Water Program
requirements for construction funding
• Design a new 8-inch domestic water main
and replace the existing irrigation main
AMENDMENT NO. 2 SUMMARY

UPDATED PROJECT COSTS & TERM

FINKBINER PARK STORMWATER
CAPTURE PROJECT, PLAN # 1376 Current Proposed Costs
Existing Craftwater Contract Amount $1,121,065.00
Amendment No. 2 $476,146.00
Contingency 10% $159,721.00
Total 1,756,932.00

CONTRACT TERM END
Current Agreement December 31, 2026
Proposed Amendment April 26, 2029

PROJECT STATUS & NEXT STEPS
Completed
• SCWP Funding Approval
• Preliminary Design
• Environmental Review (CEQA)
• 90% Design
Upcoming
• Transfer of Construction Funds
• Bid Advertisement
• Construction (Late 2027)
In Progress
• Final Design (100% PS&E)
• LACFCD Permitting
• Army Corps Section 408 Permit
• Water Main Design
RECOMMENDATION:

THAT THE CITY COUNCIL:

1. Approve Amendment No. 2 to the Contract Services Agreement with Craftwater Engineering, Inc. for the Finkbiner Park Stormwater Capture Project, increasing the contract amount from $1,121,065 to $1,597,211, with a 10% contingency of $159,721, for a total not-to-exceed contract amount of $1,756,932, and extending the maximum term of the Agreement from four (4) years to seven (7) years;

2. Authorize the Public Works Director to approve additional services and execute any necessary change orders in an amount not-to-exceed ten percent (10%) of the Contract Sum, or $159,721; and

3. Authorize the City Manager or his designee to execute Amendment No. 2, including any minimal and/or non-substantive changes.

Amendment No. 1 – Craftwater (Finkbiner Park Stormwater Capture Project, Plan No. 1362) 01.27.2026 AMENDMENT NO. 1

TO CONTRACT SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT (“Amendment”) is made by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and CRAFTWATER ENGINEERING, INC., a California corporation (“Consultant”) effective as of the _____ day of __________, 2026. City and Consultant may be referred to, individually as a “Party”, or collectively, as the “Parties”.

RECITALS
A. City and Consultant entered into that certain Contract Services Agreement dated April 26, 2022 (the “Original Agreement”), as amended by those certain letter amendments between the Parties dated May 2, 2024 and April 8, 2025 (as so amended, the “Agreement”) whereby Consultant agreed to provide design and project management services for the Finkbiner Park Stormwater Capture Project (the “Project”). Initially capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.

B. City and Consultant now desire to amend the Agreement to increase the Contract Sum, extend the Term of the Agreement and provide additional permitting services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1 (Contract Sum) of the Original Agreement shall be revised as follows:
“2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,121,065 (One Million One Hundred Twenty-One Thousand Sixty-Five Dollars) $1,107,296 (One Million One Hundred Seven Thousand Tow Hundred Ninety-Six Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
b. Section 3.4 (Term & Extended Term) of the Original Agreement shall be restated in its entirety as follows:
“3.4 Term & Extended Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding four (4) years from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion extend the Term for one additional oneDocusign Envelope ID: 4453ADE3-B0B5-404C-ABAC-077168D2343B 27th January
Amendment No. 1 – Craftwater (Finkbiner Park Stormwater Capture Project, Plan No. 1362) 01.27.2026 2 year period by giving advance written notice of the same not later than 60 days prior to the expiration of the Term."
c. Exhibit A (Scope of Services) shall be revised to add the additional scope of services set forth in Exhibit “A-1”, attached hereto. d. Exhibit C (Schedule of Compensation), Paragraph I.A of the Agreement shall be revised as follows:
“Task 6.4: Regulatory Permitting $51,177 $37,408.00
SUBTOTAL Task 6 $157,667 $143,898
GRAND TOTAL (Not-to-exceed) $1,121,065 $1,107,296.00”
e. Paragraph VI of Exhibit C (Schedule of Compensation) shall be deleted. f. Exhibit D (Schedule of Performance), Paragraph I of the Agreement shall be deleted in its entirety to state as follows:
“I. Consultant shall perform all services timely in accordance with the requirements of the City. All tasks required of Consultant shall be completed by December 31, 2026.”

2. Continuing Effect of Agreement. Except as amended by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

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

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

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

4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

Docusign Envelope ID: 4453ADE3-B0B5-404C-ABAC-077168D2343B Amendment No. 1 – Craftwater (Finkbiner Park Stormwater Capture Project, Plan No. 1362) 01.27.2026 3

5. Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.

6. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: 4453ADE3-B0B5-404C-ABAC-077168D2343B Amendment No. 1 – Craftwater (Finkbiner Park Stormwater Capture Project, Plan No. 1362) 01.27.2026 4 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:

CRAFTWATER ENGINEERING, INC., a California
corporation
Name: Brad Wardynski
Title: Chief Operating Officer
Email Address: [email protected]
Name: Oliver Galang
Title: Principal Engineer / Vice President
Email Address: [email protected]
Address: 11026 Caminito Vista Pacifica,
San Diego, CA 92131
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

Docusign Envelope ID: 4453ADE3-B0B5-404C-ABAC-077168D2343B Jan 5, 2026 | 2:38 AM PST
Jan 2, 2026 | 1:02 PM PST
Jan 28, 2026 | 11:44 AM PST
Finkbiner Park Stormwater Capture Project, Plan No. 1362 EXHIBIT “A-1”
The following services shall be performed by the Consultant in addition to the services described in Exhibit A to the Agreement:

A. Task 6.A. Environmental Documentation (CEQA) & Permitting:

1. The Original Agreement included a Scope of Work for regulatory permitting services for the Project in 2022 that was approved with an authorized budget for coordinating with the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) to acquire permits to authorize construction impacts for the Project. Due to the delay in the Project schedule for initiating this Task, Consultant shall be compensated for the following services with respect to Task 6: (1) inflationary increases in billing rates; (2) arrange a pre-filing meeting with the RWQCB; (3) a discussion of methods to minimize adverse effects on “waters of the State” (required by the RWQCB’s State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State; and (4) staff time to coordinate with regulatory agencies after permit applications.

Docusign Envelope ID: 4453ADE3-B0B5-404C-ABAC-077168D2343B

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
CRAFTWATER ENGINEERING, INC.

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
CRAFTWATER ENGINEERING, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 26th day of April, 2022 by and between the City of Glendora, a California municipal corporation (“City”) and Craftwater Engineering, Inc, a California Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-2
standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-3
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-4
Consultant’s Authorized Initials ___________________________ Oliver Galang, Principal Engineer
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

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

1.6 Familiarity with Work.

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

1.7 Care of Work.

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

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-5

1.8 Further Responsibilities of Parties.

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

1.9 Additional Services.

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

1.10 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,107,296 (One Million One Hundred Seven Thousand Tow Hundred Ninety-Six Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-6

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

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

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-7
ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term & Extended Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for one (1) additional one-year term by giving advance written notice of the same not later than 60 days prior to the expiration of the Term.

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-8
ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Oliver Galang, Principal Engineer
Courtney Semlow, Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Contract Officer.

The Contract Officer shall be Alexis Escobar or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

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The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and nonDocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-11
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-12
shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-13
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-14
Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

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

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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-16
after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

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

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. 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.

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7.6 Legal Action.

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

7.7 Termination Prior to Expiration of Term.

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

7.8 Termination for Default of Consultant.

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

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. 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 DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-18
reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-19
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City 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 Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-20
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

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

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________________ Oliver Galang, Principal Engineer
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director / City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Craftwater Engineering, Inc.

Name: Chad Helmle,
Title: President
Email: [email protected]
Name: Oliver Galang
Title: Principal Engineer
Email: [email protected]
Address: 10711 Oakbend Drive
San Diego, CA 92131
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB May 11, 2022 | 10:44 AM PDT
May 6, 2022 | 4:40 PM PDT
May 19, 2022 | 4:32 PM PDT
01240.0001/535308.1 A-22
EXHIBIT “A”

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

A. Task 1: Project Management, Coordination, and Meetings i. Task 1.1: Project Schedule

1. Consultant shall develop a detailed Critical Path Method (“CPM”) schedule for managing this project. The schedule will be prepared in Microsoft Project and will detail the degree of activity for the major tasks of the project. The schedule includes task predecessors, start/finish dates, and task dependency to ensure that work products are completed on a timely basis. The preliminary schedule also reflects the schedule of deliverables.

2. The schedule will serve as a planning tool for the project team and will be evaluated and updated, if necessary, and as approved by the City’s Contract Manager.
ii. Task 1.2: Project Coordination

1. Consultant shall engage in regular project correspondence, including coordinating calls, that will allow the City Project Manager to measure the actual plan work progress. Explanations of the work completed and work to be done will be communicated during the project coordination calls.
iii. Task 1.3: Project Meetings

1. Kick-Off Meeting. The project will be initiated with a Project Kick-Off Meeting held virtually. The Kick-off Meeting will discuss the project scope, the final details of the schedule, and review the data needs. Also, this meeting will be an opportunity for Consultant shall obtain feedback from the City regarding the critical success factors for the project. Consultant shall be ready to initiate the kick-off meeting following the receipt of a Notice to Proceed from the City. Consultant shall prepare an agenda, presentation, and meeting summary notes for the kick-off meeting.

2. Project Team Coordination Meetings. Project Progress Meetings will be conducted monthly with City’s Contract Officer to review project status and ensure that the contract objectives and milestones are being achieved. The date and times of the DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-23
coordination meetings will be arranged during the Kick-Off Meeting. To supplement these meetings, the Consultant’s Project Manager will also maintain ongoing communication with City’s Contract Office. A detailed agenda, presentation including schedule, action item list, and meeting summary notes will be developed for each meeting. Twenty-four (24) monthly meetings are included in the project budget.
iv. Task 1.4: Project Administration

1. Consultant shall provide City’s Contract Officer with a written monthly progress report throughout the project duration. The progress reports will contain a summary of the expenditures to the total contract, tracking of work performed and deliverables submitted. It will also discuss upcoming efforts. A monthly invoice for work performed will be included as part of the monthly progress report.

B. Task 2: Site Investigation and Utility Research
i. Task 2.1: Field Investigation

1. The evaluation will include one day of field reconnaissance work with the City representatives. The field reconnaissance will be an opportunity for Consultant to identify diversion options, pump station locations, conveyance, and storage, infiltration, or filtration alternatives. Site restoration and improvements to the ballfields will also be discussed. In addition, City’s Contract Officer will have an opportunity to provide input regarding opportunities and constraints as part of the project development process. ii. Task 2.2: Records Research

1. A desktop evaluation will also be conducted to research readily available as-builts, utility information, groundwater depths, and geotechnical reports. Our team will request any available reports, tests, or information previously gathered by the City or the watershed group. Consultant shall obtain the as-builts for the LACFCD existing infrastructure and will request for the Park asbuilts from the City. iii. Task 2.3: Utility Research

1. Consultant acknowledges that limited existing utility research was completed as part of the 30% design preparation. This task will confirm that research as well as identify any missing utilities that are within the project area. Utilizing USA Dig Alert’s website, a DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-24
comprehensive utility matrix will be developed, which Consultant shall use to request utility atlas/as-built information. The letters to the utility purveyors will be drafted and provided to the City who will submit the letters to the respective providers to ensure fees are not incurred. An alternative is for the City to provide their letterhead to Consultant to include on the letters and email them directly to the utility purveyors. The atlas information will be used to inform the design layout to minimize conflicts and will be combined with the topographic survey (discussed separately below) and incorporated into the final design plans.

2. Once the site investigations and project information review component are complete, Consultant shall perform a site visit to verify the accuracy of data obtained and the locations of the utilities based on the utility atlases received. Consultant shall also verify the appropriate right-of-way and incorporate the utility investigation into the topographic base maps.
iv. Task 2.4: Potholing

1. Potholing (also known as vacuum excavation) is used for the purpose of identifying the axis of an underground utility. When the utility is revealed, the type of material, utility size, and depth from the surface are documented. The data collected during these excavations are beneficial in all phases of construction. Based upon the soil’s conditions or scope, we will choose to use air or water to create the pothole. After documenting our findings, each pothole will be backfilled, compacted, and a perm-a-patch or hot patch will be provided depending upon client specifications. A potholing report complete with photographs are provided at the conclusion of the job documenting the location, utility found, depth to top of pipe, utility size, material and the soil conditions. If no utility is found within the predetermined depth of the pothole, it will be considered a dry hole. Additional holes may be necessary to provide a positive location of the utility. For the purposes of scoping this effort, ten (10) potholes are assumed to be required through the course of the project with five (5) taken to the bottom of pipe or encasement. Additional potholes can be performed on an as-needed basis at the unit rate specified in the fee schedule. v. Task 2.5: Topographic Survey and Utility Mapping

1. Consultant shall conduct supplementary topographic survey as needed to finalize critical design elements and represent areas that may have changed since the original survey was completed.

Consultant shall be allocated a budget of $11,000 for additional DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-25
survey for this project. The topographic survey will be used as a base map for the development of the design documents for the site.

2. The invert of the drainage culvert will be determined by topographic survey and as-built information because the invert elevation at the point of diversion will be of critical importance.

Utility as-builts will be incorporated horizontally and vertically into the existing site plan.

C. Task 3: Geotechnical Investigation
i. The Geotechnical engineering investigation will evaluate the geotechnical conditions of the site and provide recommendations for the proposed industrial development. The investigation will include site reconnaissance, additional subsurface geotechnical exploration and sampling, laboratory testing, engineering analysis and preparation of a geotechnical engineering report. The scope of services does not include fees for any subsequent construction inspections, testing, county or city plan reviews or additional reports. This task will include:

1. Review of readily available background materials, including published geologic and seismic hazards maps, stereoscopic aerial photographs, groundwater data available on the Geotracker website, historic topographic maps, the referenced reports, and other reports/plans provided by the client.

2. Acquisition of a Los Angeles County Department of
Environmental Health (LACDEH) permit since proposed borings will be deeper than ten feet below the ground surface.

3. Site reconnaissance to observe and document the site geologic conditions and to mark the proposed boring locations with wood stakes and white paint for clearance by Underground Service Alert (USA).

4. Coordination with USA for underground utility location prior to drilling.

5. Subsurface exploration consisting of the drilling, sampling, and logging of six hollow-stem-auger borings using a truck-mounted drill rig. The borings will be drilled to the proposed depths provided below, or refusal, whichever is shallower. The purpose of the borings is to evaluate the subsurface soil and geologic conditions at the site, including percolation rates of the on-site soils. The borings will be logged by a representative from our firm.

Relatively undisturbed and bulk soil samples will be obtained from the borings at selected intervals and the samples will be transported DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-26
to our laboratory for testing. Borings deeper than ten feet will be backfilled with cement-bentonite grout per the requirements of LACDEH. The number and depths of borings and percolation tests are as follows:
a. Three borings up to approximately 20 feet deep within the footprint of the underground infiltration facility.

Percolation testing will be performed in these borings to evaluate the infiltration rate of the soils at the invert depth of the facility.
b. Three borings up to approximately 40 feet in depth to evaluate the subsurface conditions beneath the facility and to provide design recommendations for the proposed
pipelines and in-line structures (i.e., pre-treatment unit, actuated valve, etc.).

6. Field percolation testing will be performed within the three borings at the approximate invert depth of the facility (20 feet). To facilitate the percolation testing, a temporary well will be installed in each of the test borings consisting of 4-inch-diameter perforated polyvinyl-chloride (PVC) pipe surrounded be pea gravel. The testing will be performed using the “falling-head” method in general accordance with the Los Angeles County guidelines (2021), which includes placing water in each test well and measuring the rate in which the water level drops at intervals of approximately 10 to 30 minutes (depending on the soil conditions and rate of infiltration).

7. Soil cuttings from the drilling will be placed in 55-gallon drums and temporarily stored at a secure location at the park.

Representative samples of the drummed soils will be collected and sent to a laboratory for analytical testing to characterize the soil for disposal purposes. Following characterization, the drummed soils will be transported to an off-site disposal facility by a licensed waste-hauler. For planning purposes, we have assumed that ten drums of soil will be generated from the drilling.

8. Geotechnical laboratory testing of representative soil samples from the exploratory borings. Laboratory testing is anticipated to include in-situ moisture and dry density, gradation, Atterberg limits, hydrocollapse potential, consolidation, direct shear strength, and soil corrosivity.

9. Data compilation and geotechnical analysis of data collected from our background review, subsurface exploration and percolation DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-27
testing, and laboratory testing. Consultant’s analyses and recommendations shall include the following:
a. Suitability of the proposed construction from a geotechnical perspective.
b. Anticipated soil and geologic conditions and potential geologic hazards at the site, including evaluation of
liquefaction and dynamic settlement potential.
c. Evaluation of the site seismicity, including anticipated ground accelerations and CBC seismic design coefficients. d. Evaluation of the depth to groundwater and potential impacts to the project based on our exploratory borings and readily available groundwater data.
e. Evaluation of infiltration rates and suitability of the on-site soils for infiltration.
f. Site excavation characteristics including potential for difficult excavations, such as caving and the presence of over-size material (i.e., cobbles and boulders).
g. General earthwork and grading considerations, including compaction requirements and suitability of on-site material for use as fill.
h. Evaluation of settlement potential for structures and appropriate site preparation, including remedial excavation and re-compaction.
i. Analysis of the temporary stability of excavations and shoring pressures, including allowable lateral earth
pressures and allowable passive pressures.
j. Evaluation of suitable foundation types including shallow footing foundations with allowable bearing capacities,
friction coefficient, and allowable passive pressures.
k. Evaluation of the corrosion potential of the site soils and the appropriate type of concrete to be used during
construction.

10. Consultant shall prepare a geotechnical evaluation report that present its findings, conclusions, and recommendations.

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-28

11. Consultant shall review and prepare of responses to one round of review comments from City’s Contract Officer.

D. Task 4: Stormwater Capture Hydrology and Hydraulics/Water Quality Analysis Updates
i. Task 4.1: Hydrologic and Hydraulic Analyses

1. The drainage area, diversion, sizing, and filtration rate of the SCWP feasibility study serve as the basis of design for this effort.

In the course of the site investigation, utility search, and geotechnical study, changes to the configuration may be warranted and a proper evaluation of the design change impacts is necessary.

2. Consultant shall generate the long-term simulation statistics from the latest edition of the Watershed Management Modeling System (WMMS 2.0) to determine the average annual runoff, peak flows, and average annual pollutant removal. A summary of the land use and precipitation from the WMMS 2.0 model will be included and compared to the existing WMMS hydrologic statistics that was completed for the SCWP Feasibility Study. Consultant shall use the WMMS 2.0 model to re-assess the system performance and ensure that the SCWP scoring remains unchanged.

3. The hydraulic modeling analysis will evaluate the wet weather flows of the existing storm drain system from which the project will divert flows. The models will be set up in accordance with the LACDPW standards and will evaluate the hydraulic impacts of the diversion to the existing system. Consultant shall request the design flow rate from LACFCD which will serve as the required conveyance rate. Consultant shall create the existing WSPG model and update with design changes to the proposed diversion structure and evaluate the impacts to the water surface.
ii. Task 4.2: Water Quality Analysis and Optimization

1. Consultant shall prepare an analysis based on the Hydrologic Study to quantify the existing and potential water quality of the project incorporating and evaluating alternative treatment design layouts.

We will utilize the latest edition of WMMS2 and the EPA SUSTAIN model to determine the anticipated average annual pollutant loading and associated reductions for the pollutants of concern in addition to flow volumes and sediment loading.

Consultant shall ensure the performance meets or exceeds the reductions identified within the SCWP application while possibly reducing costs through higher efficiency treatment methodologies.

The water quality modeling will evaluate the benefit of outflow DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-29
options of infiltration and filtration to evaluate possible alternatives that can increase project performance while minimizing overall costs.
iii. Task 4.3: Water Conservation Analysis

1. Consultant shall verify the potential annual groundwater recharge volume associated with the project site and the inclusion of the possible enhancements. Consultant shall utilize the latest edition of WMMS2 and the EPA SUSTAIN model to determine the water
capture and ensure the design will meet or exceed the values identified within the SCWP application.

2. Results from the Hydrologic and Hydraulic, Water Quality, and Water Conservation Analyses will be summarized in a Hydrologic and Hydraulic Study report. A draft will be submitted to City’s Contract Officer, and all comments will be addressed and prepared in a final document and included with the submittal of the 60% Plans and Specifications.

E. Task 5: Plans, Specifications, and Estimates
i. Task 5.1: 60% Plans, Specifications, and Estimate

1. For the 60% design submittal, Consultant shall develop plans to the 60% design level. The 60% submittal will consist of plan sheets that show changes to the original 30% design and provide a greater level of detail.

2. Most plan sheets will be at 1” = 40’ scale on 24”x36” sheets and created using AutoCAD Civil 3D 2020. At 1”=40’ scale, we anticipate 1 plan view sheet will be needed to show the entire project limits. Two (2) plan and profile sheets will show the diversion pipeline and outflow piping. Consultant shall utilize the City of Glendora standard Title Block for all sheets. Typical 60% design Civil and Landscape plan sheets will include:
a. Title Sheet
b. General Notes
c. Storm Water General Notes
d. Demolition Plans
e. Site Amenities and Improvement Plans and Details
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-30
f. Stormwater BMP (Infiltration Basin) Layout Plan and
Details
g. Grading Plans
h. Utility Plan and Profile Sheets (diversion pipe and recycled water line) (1”=40’ horizontal, 1”=4’ vertical scale)
i. Landscape and Planting Plans, Notes and Details
j. Irrigation Plans and Details
k. Electrical/Lighting Plans and Details
l. Structural Plans and Details
m. Mechanical/Plumbing Plans and Details
n. Stormwater Infrastructure Details

3. Structural details of the diversion structures will also be provided as part of the 60% design as these components are critical to the design. Each major component (manhole, valve, treatment structure, etc.) will be placed on an alignment and identified by station as well as shown in plan and profile view.

4. The set will also include larger sheets that show overall layouts, and these may be at 1” = 60’ scale. Detailed/Enlarged View plans may be required at a larger scale such as 1” = 10’. The hydraulic profile of the system will be shown on a plan and profile sheet.

5. For the 60% design submittal, construction specifications will be limited to an outline identifying the anticipated specification sections that will be included in the construction documents. An engineer’s cost estimate will be prepared based on coordination with product manufacturers, recent bid results for the region, historical Caltrans data and RS Means. The estimate will be prepared in a format approved by the city and will break the project down into the different components (i.e. pump station, conveyance, holding tanks, landscaping, etc.). A contingency will be assumed at each design submission and be stepped down as the design is finalized.

6. Applicable adjustments will be included to account for LA County pricing for material and labor.

7. The plans, outline specifications, and cost estimate will be submitted electronically as PDF files to the City PM. Prior to DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-31
submission, an internal QA/QC review will be conducted. The cost estimate will may be submitted no more than two weeks following the plan submission.

8. It is assumed that a 60% Design Workshop will be convened, at a location to be named by the City, approximately two (2) weeks following receipt of the 60% Design Submittal. A review comment matrix will be prepared to capture review comments and responses of all comments. The responses will be meaningful and descriptive enough to allow for the City Project Manager to fully understand the nature of the comment and how the comment was addressed.

Plan revisions will be completed as part of the 90% deliverable.

9. It is during the beginning of the 60% design stage that any coordination with affected agencies and utility companies will be identified and started. Early coordination is key in case utility relocations or permits are required. Craftwater will conduct meetings and present the project including concepts, plans, schedules, and discuss impacts with the affected party. Meeting minutes will be prepared and distributed to those in attendance. We will add details and specifications to the design documents as required to minimize impacts and satisfy the affected stakeholder. ii. Task 5.2: 60% Constructability Review

1. A constructability review will be performed by a third party, Willdan Engineering, that will not directly oversee the design of the project. Willdan will perform an independent review of the construction documents. The review will focus on constructability, inter-disciplinary coordination, completeness, and general code compliance. At the 60% Review stage, it is not anticipated that the design elements will be fully detailed on the construction documents; therefore, approach to this review will be to primarily focus on big picture elements, such as the general design approach; identifying potential utility conflicts; correcting items that have been completed; identifying obscure, easy to miss details, such that they can be captured in the 90% submittal; and making
recommendations regarding value engineering, construction phasing, and contracting mechanism before the design gets too far along and renders these types of changes cost- or scheduleprohibitive.

2. The 60% Review will include an initial site visit to get familiar with the proposed project site, identify any current field conditions not reflected on the Plans, and identify any site access constraints.

The Constructability Reviewer will take time to review the plan set in totality to visualize how the whole puzzle fits together. They DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-32
will conduct a cursory review of the sheet index and each of the plan sheets. That will allow him to visualize the construction process in a step-by-step manner, as if building the project conceptually in his mind, and logically discover whether there are any incorrect or missing elements or documents. The 60% Review will also entail looking at the footprints of various construction elements and keying in on their perimeters where interfaces with other trades, components, utilities, and systems occur. iii. Task 5.3: 90% Plans, Specifications, and Estimate

1. The 90% submittal will consist of plan sheets that show changes to the 60% Design and incorporate comments received and expand to include additional details and sections of the various BMP components. Consultant shall include the City of Glendora General notes for Grading, Drainage, Erosion and Sediment Control, and Storm Water Runoff Management (as applicable) on the plans.

2. Comments received from the 60% Constructability Review will be incorporated into the design. All elements will be shown and coordinated within disciplines. All specification sections will be drafted in accordance with the City’s requirements and checked by the discipline lead checker. Prior to submission, an internal QA/QC review will be conducted.

3. Digital electronic PDF files of 90% plans, specifications, and cost estimate will be submitted to the City’s Contract Officer, eight (8) weeks following receipt of comments from the City.

4. It is assumed that a 90% Design Workshop will be convened, at a location to be named by the City, approximately two (2) weeks following receipt of the 90% Design Submittal. A review comment matrix will be prepared to capture review comments and responses of all comments. The responses will be meaningful and descriptive enough to allow for the City’s Contract Officer to fully understand the nature of the comment and how the comment was addressed.

Plan revisions will be completed as part of the 100% deliverable.

5. Consultant shall support the City with any presentations relevant to the City Council.

6. Consultant estimates that approximately 50 sheets will be developed for the final deliverable, using the latest AutoCAD format with a sheet size of 24”x36”.
iv. Task 5.4: 90% Constructability Review
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-33

1. At the 90% Review stage, the construction documents are expected to be much more developed and near completion. Therefore, our approach to the 90% Review will be to provide a much more detail-oriented review, including specifications, bid items, and engineer’s estimate. It will begin with back-checking the 60% Review comments to ensure they have been adequately responded to by Consultant. Then, the plan sheets and specification sections with specialty items, such as electrical, instrumentation, mechanical, stormwater, etc., will be distributed amongst the various team members who have an expertise in that particular field.

2. The 90% Review will include specifications and engineer’s estimate. Each disciplinary reviewer will review the relevant specification sections that pertain to their field to ensure that the technical specifications are complete and correlate properly to the Plans. Quantity takeoffs will be performed using Revu Bluebeam to calculate linear footages, areas, and per each quantities for unit price bid items. Construction notes and measurements
corresponding to separate bid items will be color coded in Bluebeam to ensure that every construction element is covered by a bid item, without overlap. Deliverables for review comments will be provided in a tabulated form utilizing Microsoft Excel, complemented by a marked-up pdf, utilizing text features in Revu Bluebeam to support and clarify the tabulated comments. The spreadsheet includes the reviewer’s initials sheet/page number, detail number/spec section, comment, and provide a column for Designer’s written response.
v. Task 5.5: 100% Plans, Specifications, and Estimate

1. Upon completion of the City review for the 90% design submittal and the Constructability Review, Consultant shall incorporate all agreed upon comments into the 100% final design plans. Prior to submission, an internal QA/QC review will be conducted.

2. One (1) final full-size 24”x36” hard copy and digital electronic files of 100% plans, specifications, and cost estimate will be submitted. The 100% submittal is the final plan set deliverable an no additional rounds of comments are anticipated.

F. Task 6: Environmental Documentation and Permitting Support i. Task 6.1: Initial Study/Mitigated Negative Declaration

1. Consultant shall prepare an Administrative Draft Initial Study leading to a Mitigated Negative Declaration (IS/MND). This Scope DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-34
of Work assumes that significant unavoidable adverse impacts would not occur with the adoption and implementation of the proposed project. Each of the topics identified in the current Environmental Checklist Form will be analyzed to document the nature and extent of potential environmental impacts for the proposed project. Consultant shall work with City’s Contract Officer to develop the project description that will be used to analyze each environmental issue, and which will be included in the IS/MND. For each technical issue discussed in the IS/MND, Consultant shall (1) provide a discussion of existing project site conditions; (2) conduct a project-specific analysis; and (3) identify all potential significant adverse environmental impacts. If necessary, Consultant shall provide feasible mitigation measures to reduce or avoid the significant impact(s). The analysis will address both short-term (i.e., construction) impacts, including air pollutant emissions, visual impacts, noise, and traffic; and long-term impacts associated with energy use, maintenance vehicle access, and noise from operation of the new facilities. Quantitative analyses related to air quality, greenhouse gas emissions, energy, and noise will be conducted. As the site and surrounding area are developed and only ornamental vegetation appears to be present, potential biological resources impacts will be assessed through biologist review of photographs taken during the site visit by an environmental planner and aerial photography. A Phase I Cultural Resources Assessment will be conducted and will be summarized in the IS/MND (no stand-alone report), and the results of the Section 106 Report (Task 2) will be summarized. The results of jurisdictional delineation (Task 3) will be summarized. This scope assumes the City will conduct all required tribal consultation; Consultant shall draft an initial consultation letter and attend up to four hours of meetings with tribal representatives and City staff.

2. Following City review of the Administrative Draft IS/MND, Consultant shall prepare an Approval Draft IS/MND for final review, followed by preparation of the IS/MND for public review.

We will be responsible for preparation, reproduction, and distribution of all noticing, including up to 50 Notices of Intent, 4 print copies of the IS/MND and appendices, electronic submittal to the State Clearinghouse, and posting with the County Clerk.

Following public review, we will spend up to 25 hours preparing a Response to Comments document for the City’s use and be available to attend one public hearing. Consultant shall file the Notice of Determination following adoption of the IS/MND and the City will be responsible for payment of all applicable filing fees. Consultant’s Project Manager will be available to attend up to DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-35
three project coordination meetings and one public hearing, to be conducted in-person or via teleconference.
ii. Task 6.2: Section 106 Assessment

1. Consultant shall evaluate potential impacts to the Los Angeles County Flood Control District (LACFCD) Channel, Little Dalton Wash, which is over 50 years old, for its potential for historical significance, as follows:
a. Prepare a built environment-focused Area of Potential Effects (APE) Map that will encompass all geographic
areas in which the proposed project has the potential to directly or indirectly affect the character or use of historic properties;
b. Conduct a pedestrian survey of all accessible portions of Little Dalton Wash that will be impacted by the project, c. Complete an historic significance evaluation for Little Dalton Wash, and
d. Prepare an historic built environment technical report in compliance with Section 106 of the National Historic
Preservation Act (NHPA).

2. It is assumed the United States Army Corps of Engineers (USACE), is the federal lead agency and that any documents, asbuilts, or plans on file with USACE for Little Dalton Wash will be provided for review as part of the evaluation. This scope of work assumes one draft and one final Section 106 technical report will be prepared.
iii. Task 6.3: Jurisdictional Delineation

1. Consultant shall perform a jurisdictional delineation to determine the extent of “waters of the U.S.,” including wetlands (if present), and/or “Waters of the State” that are located on the project site.

The proposed impact areas are defined as the ultimate limits of project disturbance including grading and any other constructionrelated activity (e.g., haul routes, storage areas) that involves temporary and/or permanent ground disturbance that can be characterized as dredge or fill within “waters of the U.S.,” and/or “waters of the State”. Digital files (in CAD or GIS) of the proposed project’s permanent and temporary disturbance areas will be evaluated to be used for impact analysis. The survey area for the field analysis will consist of the proposed project impact areas and DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-36
any areas within an approximate 100-foot radius of the impact areas (to account for future minor changes in the impact footprint).

2. Consultant shall conduct a field survey/assessment and will delineate the limits of jurisdictional waters in the survey area. After the field assessment is complete, Consultant shall prepare a Jurisdictional Delineation Report that summarizes the findings of the field work. Exhibits that show the locations of all jurisdictional resources will be included, along with representative site photographs and wetland data forms to document the
presence/absence of wetland conditions (if necessary). A draft report will be provided for City’s Contract Officer review; one round of revisions to incorporate City comments is assumed. iv. Task 6.4: Regulatory Permitting

1. The scope of regulatory permitting outlined below represents an expected level of effort for coordination with the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) to acquire permits to authorize construction impacts for the Project. Agency permit application fees are not included in the budget for this task.

2. The level of effort to acquire regulatory permits varies significantly based on the complexity of a project and resource agency policies that are subject to change. The budgeted amount for regulatory permitting is our best estimate based on previous experience. If permit processing exceeds the expected level of effort, we may submit a contract amendment request. The cost associated with this task includes the preparation and submittal of permit application materials to the three resource agencies as well as time to coordinate with agency staff to effectuate the issuance of the agency permits, which would consist of project meetings, correspondence with agency staff, and preparation of any needed supplemental information.
a. Note: CDFW and the RWQCB are unable to issue permits until projects are shown to have completed the various
requirements of the CEQA. Proof of CEQA compliance is
indicated by providing a final Notice of Determination for any CEQA document. The USACE can issue a permit only
after the RWQCB permit is issued. CDFW permit
application materials are submitted via the Environmental Permit Information Management System (EPIMS) website,
which requires that the project applicant open an account DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-37
on the site. The login information will be shared with us for the purpose of uploading project application materials.

Permit application fees are not included in the proposed budget for this task; the project applicant is responsible for submitting the appropriate fees directly to the resource agencies.
v. Task 6.5: LACFCD Permitting

1. Consultant shall coordinate with City’s Contract Officer to assist with the LACFCD Permit for the diversion structure. Consultant shall prepare the LACFCD Permit application with input from the City using the Los Angeles County Permit System, EpicLA.

Consultant shall coordinate with the Los Angeles County Permit reviewers to address comments received from the 60%, 90%, and 100% design plans. Consultant shall facilitate the processing of the Use and Maintenance Agreement between the City and the LACFCD for the diversion structure. Consultant shall also prepare the required Exhibits (Limits of Maintenance responsibilities, channel access, etc) that will be included with the Use and Maintenance Agreement.

2. The LACFCD Permit application fees with the County is not included in this cost proposal. The City will be responsible for paying the initial LACFCD Permit application fee and for Los Angeles County Department of Public Works staff reviews. The City of Glendora may process these fees through an existing City Services Agreement with the County of Los Angeles Department of Public Works.

G. Task 7: Public Engagement
i. Task 7.1: Communication Materials

1. To ensure reaching out to the community and all stakeholders, informational and communications materials will be designed for print and adapted to digital formats for disseminating across diverse outlets. We will develop a social media toolkit, mailer/flier, and a project factsheet.
ii. Task 7.2: Finkbiner Park Pop-Ups

1. Pop-up activations at Finkbiner Park to allow the public to explore, with a facilitator on site to solicit input and answer questions. This creative form of engagement would include a pop-up booth with informational materials as well as temporary seating, shade, wayfinding, and free refreshments (coffee, pastries). These could DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-38
be hosted at different times to capture different people. Residents living within a ½ mile of the park site would receive a mailer inviting them to the event to take the survey and a text message invite.
iii. Task 7.3: Survey Development and Data Collection

1. Consultant shall develop a community survey to gather input and feedback on the design approach. City’ Contract Officer and City Staff will attend at least 6 community events to solicit input and share the survey digitally through social media/text banking. iv. Task 7.4: Key Stakeholder Interviews

1. Identify and interview key Glendora stakeholders which could include older adult clubs, baseball coaches, local youth, and/or business owners.
v. Task 7.5: Reporting and Presentations

1. Outreach Summary: Consultant shall complete an outreach summary report outlining the number of meaningful interactions, photos, and outcomes of the project outreach activities.

2. City Council Presentation:
a. Consultant shall participate in City Council meetings as needed.

H. Task 8: Grant Application Preparation and Submittal
i. Task 8.1: Grant Identification and Competitiveness Assessment

1. Consultant shall research and identify the most relevant funding sources for the project, considering the project’s benefits, proximity to disadvantaged communities, and other project characteristics. Consultant shall prepare a matrix of recommended funding sources and will prepare a competitiveness assessment based on each grant application guidelines and scoring criteria to assist the City’s Contract Officer in selecting the grant funding source that will provide the highest chance of award. This task will include review of the preliminary design documents and any other relevant project information and identification of design elements and project objectives that may enhance the project’s applicability to the identified grant funding source objectives and scoring criteria, in order to maximize the competitiveness of the project in the grant selection process. The results of the competitiveness assessment will be provided in an Excel matrix. Consultant shall DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-39
coordinate with City’s Contract Officer to review the
recommendations and identify the optimal funding source to pursue for the project. Consultant anticipates identifying up a minimum of two (2) unique funding sources for consideration as part of this process, including DWR Prop 1, Round 2 funding and State of California Prop 68 funding.
ii. Task 8.2: Grant Application Preparation and Submittal

1. At the direction of City’s Contract Officer, Consultant shall prepare one (1) grant application for the Finkbiner Park Stormwater Capture Project. Consultant and the City will be responsible for providing a detailed scope of work, project exhibits/plans that clearly define the limits of work, project location, and project elements, photo documentation, a detailed cost estimate, and any other technical project information that may be needed to adhere to the grant solicitation. Consultant shall identify the schedule for delivery of all deliverables for Task 8.2 once the grant funding source has been identified. The following effort will be conducted to provide a comprehensive, complete and timely grant application packet.

2. Task 8.2.1: Grant Application Kick-off Meeting
a. Consultant shall conduct a kick-off meeting to review and understand the City’s current project scope, proposed
budget, available local funds, project schedule, City
objectives, milestones, and other considerations that may be pertinent to the project “story” for the grant application.

Consultant shall also review the grant application
requirements and submittal deadline and will prepare a
delivery schedule to ensure successful, timely submission of the grant application. The schedule will identify
intermediate and final tasks and milestone dates of
completion in order to provide the City’s Contract Officer with ample review and submittal time. Furthermore, the
schedule will define roles and responsibilities associated with each task for the project team. Clear and defined roles, responsibilities, tasks, and schedule milestones will ensure that the grant application can be submitted on-time.

Meeting notes summarizing the discussion and agreed upon schedule will be provided to the City’s Contract Officer following the meeting.

3. Task 8.2.2: Generate Grant Application Data Request
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a. Consultant shall prepare a data request that summarizes the grant application needs that will be utilized to generate a draft grant application package. Information requests will typically include the following: project scope details, schedule details, budget information (existing or proposed), local funding (if available), a list of stakeholders that may provide letters of support, and other resources that may be used to supplement the application. Consultant shall utilize the initial grant competitiveness findings and
recommendations that were provided in Task 1 as a basis for generating the data request and the draft grant
application material.
b. Consultant shall coordinate requests for Letters of Support and collaborate the City to conduct other community and stakeholder coordination as necessary to generate the most competitive application for the City. Consultant shall track all data received and will compile information for inclusion in the grant application as necessary.

4. 8.2.3: Generate Draft Grant Application
a. Consultant shall prepare a draft grant application for the City’s review. It is anticipated that the grant funding source will likely be DWR Proposition 1 or State of California Proposition 68 funding. Such grant application shall
include a project narrative, project cost estimate and budget detail, project maps and exhibits, and other grant-specific information to completely respond to the grant application guidelines. Consultant shall provide one comprehensive (1) draft grant application in compliance with the applicable grant program guidelines for the City’s review. Consultant shall facilitate a meeting with the City to review all
comments to the draft application.

5. 8.2.4: Generate Final Grant Application
a. Consultant shall incorporate all comments received in the draft application materials and prepare a Final grant
application for the City’s review. Final comments provided by the City’s Contract Officer and shall be addressed.

Consultant shall compile a final grant application and
coordinate with the City to compile all necessary
signatures, and if applicable, resolutions, approvals, etc.

Consultant shall support City staff in submitting a final grant application by the stipulated submittal deadline.

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-41
I. Task 9: Operation, Maintenance, and Monitoring
i. 9.1: Operations and Maintenance Plan

1. Consultant shall develop an Operation and Maintenance (O&M) Plan for the Finkbiner Park Stormwater Capture Project. The Draft O&M Plan will include the operational procedures, maintenance schedule and procedures, if available equipment manufacturer data sheets, sensor calibration data, commissioning information, and system diagrams, will be included as part of the Draft O&M Plan.

The plan will be a comprehensive plan that will incorporate the pump station, diversion structure, storage chambers, and filtration.

The O&M Plan will address the requirements specified in the Safe, Clean Water Program Funding agreement for the City of Glendora. A Draft O&M Plan will be developed for review by the LACFCD and a Final Draft O&M Plan will be prepared to also meet the LACFCD Permit Requirements (Task 6.5). The Final O&M Plan will be developed at a later date, following construction of the facility and will incorporate contractor submittals of the equipment manufacturer data sheets, sensor calibration data, and system diagrams.
ii. 9.2 Post-Construction Monitoring Plan

1. Consultant will develop a post-construction Monitoring Plan to evaluate the effectiveness of stormwater treatment facilities and include project quality objectives; sampling design; sampling procedures; quality control (but not to the level of a QAPP); data management, verification, and reporting; data quality assessment; and data analysis procedures. The plan will provide the sampling approach for the Finkbiner Park Blvd Stormwater Capture Facility.

The plan will identify the water quality parameters to be measured and sampling locations to assess the performance of the stormwater facility. The sampling locations will focus on the quality of dry weather urban runoff and stormwater at each of the diversion systems. The monitoring plan will address the requirements specified in the Safe, Clean Water Program Funding agreement. A Draft Monitoring Plan will be developed for review by the City and a Final Draft Monitoring Plan will be prepared. The Final Monitoring Plan will be developed at a later date, following construction of the facility and will incorporate As-Built Drawings for the sampling locations.

J. Task 10: Safe, Clean Water Program Reporting
i. 10.1: Quarterly Progress/Expenditure Reports
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-42

1. Participation in the Safe Clean Water Program requires Quarterly Progress/Expenditure Reports. Consultant shall prepare the reports using a format provided by the SCW program and submit to the City for review and comment before submitting to the Program.

The calendar year will be divided up into quarters with the end of the quarter months being March, June, September, and December.

Reports will be submitted no more than 45 days following the end of each quarter and include items specified in B-33 of the Regional Transfer Agreement.
ii. 10.2: Annual Summary of Quarterly Progress/Expenditure Reports

1. Consultant shall prepare an annual summary of the Quarterly Progress/Expenditure Reports for submission to the Watershed Area Steering Committee. This summary report will be submitted no more than six months after the close of the fourth quarter and include the items specified in the Regional Transfer Agreement. iii. 10.3: Miscellaneous Supporting Materials

1. Consultant shall provide necessary materials that the SCW Program requests that can assist with their evaluation of the project or to fulfill any additional reporting requirements of the County, State, or Federal government.

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

A. Task 1
i. Project schedule updated as needed over the course of the project ii. Attendance at the Kick-Off Meeting followed by up to twenty-four (24) monthly Project Team Coordination Meetings and including agenda, presentation, and summary notes.
iii. Monthly Progress Reports and Invoices
B. Task 2
i. Utility Search letters that will be sent to the purveyors by the City ii. Updated Topographic/Utility base map in AutoCAD format C. Task 3
i. Draft and Final Geotechnical Engineering Report
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 A-43
D. Task 4
i. Hydrologic and Hydraulic Study (Draft and Final)
E. Task 5
i. 60% Design Plans and Specifications Outline
ii. 60% Design Workshop
iii. 60% Constructability Review - Design Plan Redlines and Comment Log iv. 90% Design Plans, Specifications Documents, and Cost Estimate v. 90% Design Workshop
vi. 90% Constructability Review - Design Plan Redlines and Comment Log vii. Response Matrix to 60% Comments
viii. 100% Design Plans, Specifications Documents, and Cost Estimate (Draft and Final)
ix. Response Matrix to 90% Comments
F. Task 6
i. Administrative Draft IS/MND
ii. Approval Draft IS/MND
iii. IS/MND for public review
iv. Section 106 technical report (draft and final)
v. Jurisdictional Delineation Report (draft and final)
vi. Permit application materials for USACE, RWQCB, and CDFW vii. LAFCD Permit application in EPICLA
G. Task 7
i. Communication Materials
ii. Event Summaries
iii. Survey Questions and Survey Results
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iv. Interview Summaries
v. Outreach Summary
H. Task 8
i. Competitiveness Assessment and Funding Recommendations – Matrix Table
ii. Draft Grant application (1 total)
iii. Final Grant application (1 total)
iv. Successful submittal of grant application to grantor I. Task 9
i. Draft and Final Draft Operations and Maintenance Plan ii. Draft and Final Draft Post-Construction Monitoring Plan J. Task 10
i. Quarterly Progress/Expenditure Reports (8 total)
ii. Yearly Summary Progress/Expenditure Reports (2 total) III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

IV. Consultant will utilize the following personnel to accomplish the Services:

A. Courtney Semlow, Project Manager
B. Oliver Galang, Principal Engineer
C. Andrew Takahashi, Design Engineer
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough. [THIS PAGE INTENTIONALLY LEFT BLANK]
DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 C-1
EXHIBIT “C”

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

TASK DESCRIPTION TOTAL COST
Task 1: Project Management, Coordination, and Meetings
Task 1.1: Project Schedule $ 5,442.00
Task 1.2: Project Coordination $ 45,140.00
Task 1.3: Project Meetings $ 41,942.00
Task 1.4: Project Administration $ 19,440.00
SUBTOTAL Task 1 $ 111,964.00
Task 2: Site Investigation and Utility Research
Task 2.1: Field Investigation $ 3,890.00
Task 2.2: Records Research $ 4,070.00
Task 2.3: Utility Research $ 11,088.00
Task 2.4: Potholing $ 16,632.00
Task 2.5: Topographic Survey and Utility Mapping $ 23,236.00 SUBTOTAL Task 2 $ 58,916.00
Task 3: Geotechnical Investigation
Task 3.1: Geotechnical Investigation $ 57,427.00
SUBTOTAL Task 3 $ 57,427.00
Task 4: Stormwater Capture Strategy Updates
Task 4.1 Hydrologic and Hydraulic Analyses $ 36,144.00
Task 4.2: Water Quality Analysis and Optimization $ 16,319.00 Task 4.3: Water Conservation Analysis $ 11,645.00
SUBTOTAL Task 4 $ 64,108.00
Task 5: Design Plans, Specifications, and Estimates
Task 5.1: 60% PS&E $ 233,290.00
Task 5.2: 60% Constructability Review $ 11,646.00
Task 5.3: 90% PS&E $ 166,519.00
Task 5.4: 90% Constructability Review $ 8,346.00
Task 5.5: 100% Plans $ 90,476.00
SUBTOTAL Task 5 $ 510,277.00
Task 6: Environmental Documentation (CEQA) and Permitting Support Task 6.1: CEQA Environmental Documentation and Technical Analyses $ 73,375.00 DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 C-2
Task 6.2: Section 106 Assessment $ 10,473.00
Task 6.3: Jurisdictional Delineation $ 9,034.00
Task 6.4: Regulatory Permitting $ 37,408.00
Task 6.5: LACFCD Permitting $ 13,608.00
SUBTOTAL Task 6 $ 143,898.00
Task 7: Public Engagement
Task 7.1: Communication Materials $ 11,018.00
Task 7.2: Finkbiner Pop Ups $ 22,425.00
Task 7.3 Survey Development and Data Collection $ 14,186.00 Task 7.4: Key Stakeholder Interviews $ 5,068.00
Task 7.5: Reporting and Presentations $ 4,049.00
SUBTOTAL Task 7 $ 56,746.00
Task 8: Grant Application Preparation and Submittal
Task 8.1: Grant Identifiation and Competitiveness Assessment $ 5,690.00 Task 8.2: Grant Application Preparation and Submittal $ 44,834.00 SUBTOTAL Task 8 $ 50,524.00
Task 9: Operation, Maintenance, and Monitoring
Task 9.1: Operation and Maintenance Plan $ 15,072.00
Task 9.2: Post-Construction Monitoring Plan $ 8,516.00
SUBTOTAL Task 9 $ 23,588.00
Task 10: SCW Reporting
Task 10.1: Quarterly Progress/Expenditure Reports $ 17,032.00 Task 10.2: Annual Summary of Quarterly Progress/Expenditure Reports $ 6,408.00 Task 10.3: Miscellaneous Supporting materials $ 6,408.00 SUBTOTAL Task 9 $ 29,848.00
GRAND TOTAL (Not-to-exceed) $ 1,107,296.00
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB 01240.0001/535308.1 C-3
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.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Tasks 2 years 2 years from
City’s issuance
of a notice to
proceed
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

DocuSign Envelope ID: 970B8371-2065-4050-8AA5-47A26166B0AB

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Consideration of a City Council Resolution Adopting Projects for the Road Maintenance and Rehabilitation Account for Fiscal Year 2026-27

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA ADOPTING PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”.

STRATEGIC FOCUS AREAS
Goal 4 - Sustainable Infrastructure

EXECUTIVE SUMMARY
On April 28, 2017, the Governor signed Senate Bill 1, the “Road Repair and Accountability Act of 2017,” into law (“SB 1”). SB 1 is intended to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road systems. SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation systems. In order to be eligible for Road Maintenance and Rehabilitation Account (RMRA) funding, SB 1 requires cities and counties to provide annual RMRA project reporting to the California Transportation Commission, including adoption of a resolution identifying projects proposed to receive RMRA funding for the applicable fiscal year. The project list must include the description, location, schedule and estimated useful life of each proposed project. Failure to submit the required resolution and project list could delay or jeopardize the City receiving RMRA funds.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
City Staff have presented to the City Council an annual list of eligible streets and roads in compliance with SB 1 since 2018.

DISCUSSION
Public Works staff will submit the City’s list of proposed projects receiving SB 1 Road Maintenance and Rehabilitation Account funding through the State’s CALSMART reporting system. As part of the annual reporting requirements, all projects proposed to receive RMRA funding must be included in the City’s adopted budget and identified by resolution of the City Council at a public meeting.

The proposed FY 2026-27 RMRA project list supports the City’s ongoing efforts to maintain and improve its transportation infrastructure through a combination of safety improvements, pavement rehabilitation, and preventative maintenance. The projects were selected to address current roadway needs, support the City’s Pavement Management Program, and preserve the useful life of the City’s street network.

The City’s proposed FY2026-27 RMRA projects are as follows:

1. Citywide Grind, Overlay and Slurry Seal Program
This project provides for the systematic resurfacing (asphalt overlay) and slurry sealing of pavement on the City's roads. The systematic maintenance of roads at regular intervals prolongs the service life of pavement and significantly lowers the cost by reducing the need for full reconstruction.

2. Citywide Sidewalk Improvements Annual Program
Removal of sidewalks and related infrastructure with deflections or gaps and the construction of PCC sidewalks, curbs, gutters, drive approaches, and ADA compliant curb ramps. The project benefits the residents of Glendora by repairing damaged sidewalks and constructing ADA compliant curb ramps, providing increased accessibility to people with disabilities and reducing potential trip hazards.

3. Live Oak Water and Street Improvements
Full reconstruction of the street over water line trench and grind/overlay over remaining street from curb to curb. The City actively coordinates water and street improvements to perform street improvements one-time and avoid subsequently returning to dig up those street improvements to perform water improvements. This approach creates operational and financial efficiencies in the use of the City's available resources. Replacement of 2,410 linear feet of water distribution mainline and associated street improvements. Pipe replacement projects are necessary due to aging infrastructure resulting in increased failures and service interruptions. Project areas are selected based on the recommendations included in the 2023 Water Master plan.

The actual scope and limits of each project will be finalized as design, field review, and budget programming are completed. If additional funding is needed at the time of award, staff will return to the City Council with a request for additional appropriations from eligible transportation-related funding sources.

FISCAL IMPACT
For FY 2025-26, the City’s estimated RMRA allocation is $1,382,416. The City has received $1,081,314 to date and expects to receive the remaining balance by September 2026.

For FY 2026-27, the City anticipates receiving approximately $1,477,266 in RMRA funds, which is included in the FY 2026-27 Adopted Mid-Cycle Budget.

FY 2026-27 Adopted Mid-Cycle Budget (Amended 5-Year CIP) RMRA (Fund 256) Allocation
Citywide Grind, Overlay and Slurry Seal Program $550,500 Citywide Sidewalk Improvements Annual Program $150,000
Live Oak Water and Street Improvements (Water Capital Projects Fund Portion $1,411,760)
$605,040
Total: $1,310,540
The actual costs of these projects will be known at the time of award. If additional funding is needed at that time, staff will request additional appropriations from funding sources appropriate for street improvement projects.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By: Maliha Ansari, Principal Civil Engineer
Concurs With: Not Applicable
Reviewed By: Moises Lopez, Interim Public Works Director Certified to Availability of Funds: Kyle Johnson, Finance Director Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_Resolution_Adopting_Projects_for_RMRA_for_FY_2026-27.pdf RESOLUTION CC 2026-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27
FUNDED BY THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

THE CITY COUNCIL
City of Glendora, California
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the State Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 created the Road Maintenance and Rehabilitation Program (the “Program”) to address deferred maintenance on the state highway system and the local street and road system and to prioritize funds for basic road maintenance, road rehabilitation, and critical safety projects; and
WHEREAS, the Road Maintenance and Rehabilitation Account (“RMRA”) provides Program funds to eligible cities and counties, including the City of Glendora (“City”), for eligible local streets and roads projects; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City are aware of the projects proposed for funding in the City and which projects have been completed each fiscal year; and WHEREAS, pursuant to Streets and Highways Code section 2034(a)(1), before receiving an apportionment of RMRA funds in a fiscal year, an eligible city must submit to the California Transportation Commission a list of projects proposed to be funded with RMRA funds, and all projects proposed to receive funding must be adopted by resolution by the applicable city council at a regular public meeting; and WHEREAS, the City must adopt, by resolution at a regular public meeting, a list of projects proposed to receive RMRA funding, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,477,266 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City Council’s consideration of this Resolution at a regular public meeting provides an opportunity for public review of and input on the City’s transportation priorities and the project list; and
WHEREAS, the City uses a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective Resolution CC 2026-__ Page 2 of 4
projects that also meet the City’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City deliver three (3) projects, including pavement rehabilitation, slurry seal improvements, active transportation infrastructure, and safety improvements throughout the City this year and similar projects in the future; and, maintain and rehabilitate three (3) streets/roads, add active transportation infrastructure and increase access and mobility options for the pedestrian movement throughout the City this year and similar projects in the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are “at risk” condition and these funds will help increase the overall quality of the City’s streets and roads and over the next decade will bring City streets and roads into a “low-risk to good” condition; and, WHEREAS, the SB 1 project list and overall investment in the City’s local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The following list of proposed projects will be funded, in whole or in part, with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account funds.

1. Title: Citywide Grind, Overlay and Slurry Seal Program Description: Grind, Overlay and Slurry Seal selected streets per the recommendation of the Pavement Management Plan.

Location: Various residential streets
Schedule: Start 10/26 – Completion 06/27
Useful Life: 5-10 years

2. Title: Citywide Sidewalk Improvements Annual Program Description: Remove and replace damaged sidewalk to provide safe pedestrian path of travel.

Location: Various residential sidewalks
Schedule: Start 10/26 – Completion 06/27
Useful Life: 10-20 years

3. Title: Live Oak Water and Street Improvements
Description: Full reconstruction of the street over water line trench and grind/overlay over remaining street from curb to curb.

Location: Live Oak Ave, Leadora Ave, Oakwood Ave, Whitcomb Ave Schedule: Start 7/26 – Completion 6/28
Useful Life: 10-25 years
SECTION 3. The City Council finds that the projects listed in Section 2 are consistent with the eligible uses of Program funds under Streets and Highways Code Resolution CC 2026-__ Page 3 of 4
section 2030, subdivision (b), including road maintenance and rehabilitation, safety projects, complete street components, active transportation improvements, pedestrian safety improvements, and traffic control devices.

SECTION 4. Pursuant to Streets and Highways Code section 2034(a)(1), the project list adopted by this Resolution shall not limit the City’s flexibility to fund projects in accordance with local needs and priorities, so long as the projects are consistent with Streets and Highways Code section 2030, subdivision (b).

SECTION 5. The City Manager, or designee, is authorized and directed to submit the project list adopted by this Resolution to the California Transportation Commission through the California State Multi-Modal Accountability Reporting Tool (“CalSMART”) and to take all actions necessary to comply with the RMRA project-list reporting requirements of Streets and Highways Code section 2034(a)(1).

SECTION 6. These projects shall be commenced over the course of Fiscal Year 2026-27.

SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.

SECTION 8. This Resolution shall be effective on the date of its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Glendora this ___ day of _____, 2026.

BY:

DAVID FREDENDALL
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ____ day of ____, 2026 by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

Resolution CC 2026-__ Page 4 of 4
KATHLEEN R. SESSMAN
City Clerk/Communications Director

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: City Clerk DISTRICT(S): Not Applicable
SUBJECT: Consideration of a City Council Resolution Conducting the 2026 Biennial Review and Amending the City of Glendora Conflict of Interest Code

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, CONDUCTING THE 2026 BIENNIAL REVIEW AND AMENDING THE CITY OF GLENDORA CONFLICT OF INTEREST CODE."

STRATEGIC FOCUS AREAS
Not Applicable

EXECUTIVE SUMMARY
The Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially.

The Conflict-of-Interest Code is the legal instrument requiring individuals holding designated positions to disclose their financial interests to prevent conflicts of interest. No later than July 1 of each even-numbered year, the code reviewing body must direct each local agency that has adopted a Conflict-of-Interest Code to review its code. If no amendment is required, the agency head must submit a written statement to that effect no later than October 1 of the same year. If amendments are required due to changed circumstances, the agency must submit an amended Conflict-of-Interest Code for approval by the code reviewing body. The City Council is the code reviewing body for city agencies.

Pursuant to Government Code Sections 87200, certain public officials are required by state law to file Statements of Economic Interests under Article 2 of the Political Reform Act and are not assigned local disclosure categories under the City’s Conflict-of-Interest Code. These officials include, among others, mayors, city council members, planning commissioners, city managers, city attorneys, city treasurers, and public officials who manage public investments. Based on the City’s review of the duties assigned to the Deputy City Manager and Assistant Finance Director, the City has determined that those positions qualify as public officials who manage public investments under applicable law and FPPC regulations. Accordingly, those positions are identified separately as Government Code section 87200 filers for reference purposes only and are not assigned local disclosure categories under the City’s Conflict-of-Interest Code.

Government Code section 87500 requires Statements of Economic Interests filed by public officials for whom the Fair Political Practices Commission (“FPPC”) is the filing officer to be filed with the FPPC using the Commission’s electronic filing system. The proposed amendments acknowledge this filing-process change while maintaining local filing requirements for designated employees subject to the City’s Conflict-of-Interest Code.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially.

The City Council is the code-reviewing body for City agencies. Pursuant to Government Code Section 87306.5, the code reviewing body must direct each local agency that has adopted a Conflict-of-Interest Code to review its code no later than July 1 of each even-numbered year. If no amendment is required, the agency head must submit a written statement to that effect no later than October 1 of the same year. If an amendment is required due to changed circumstances, the agency must submit an amended Conflict-of-Interest Code for approval.

The City of Glendora’s Conflict-of-Interest Code was last reviewed by the City Council on August 27, 2024, at which time amendments to the Code were approved by Resolution CC 2024-40.

DISCUSSION
The Political Reform Act (Government Code Sections § 81000 et seq.) requires every local government agency to review its Conflict-of-Interest Code biennially to determine whether amendments are necessary to accurately reflect the agency's current organizational structure, assigned responsibilities, and disclosure requirements. Pursuant to Government Code Section § 87306.5, City departments completed their 2026 Biennial Review and evaluated existing designated positions, disclosure categories, and reporting requirements.

As part of the review process, City departments assessed whether organizational changes, newly established positions, revised job responsibilities, or other operational modifications warranted updates to the City's Conflict-ofInterest Code. Following this review, staff determined that amendments to the Code are necessary to ensure it accurately reflects current City operations and identifies those positions that participate in making or influencing governmental decisions.

Summary of Proposed Amendments
The Political Reform Act (Government Code sections 81000 et seq.) requires every local government agency to review its Conflict-of-Interest Code biennially to determine whether amendments are necessary to accurately reflect the agency's current organizational structure, assigned responsibilities, and disclosure requirements. Pursuant to Government Code section 87306.5, City departments completed their 2026 Biennial Review and evaluated existing designated positions, disclosure categories, and reporting requirements.

As part of the review process, City departments assessed whether organizational changes, newly established positions, revised job responsibilities, or other operational modifications warranted updates to the City's Conflict-ofInterest Code. Following this review, staff determined that amendments to the Code are necessary to ensure it accurately reflects current City operations and identifies those positions that participate in making or influencing governmental decisions.

Summary of Proposed Amendments
As a result of the 2026 Biennial Review, staff recommends the following amendments to the City's Conflict of Interest Code:

1. Add the position of Assistant Director – Community Development to the Designated Positions List and assign Disclosure Category 1.

2. Incorporate references to current FPPC electronic filing requirements, including the use of the FPPC electronic filing system by applicable Government Code section 87200 filers for whom the FPPC is the filing officer under Government Code section 87500.

3. Reclassify the Deputy City Manager and Assistant Finance Director from designated positions to Government Code section 87200 / Article 2 filers based on the City’s determination that those positions qualify as public officials who manage public investments under applicable law and FPPC regulations. As statutory filers, these positions are identified in the Conflict-of-Interest Code for reference purposes only and are not assigned local disclosure categories..

Government Code section 87500 requires Statements of Economic Interests filed by public officials for whom the FPPC is the filing officer to be filed with the FPPC using the Commission’s electronic filing system. This filing requirement applies to specified statutory filers, including City Council Members, Planning Commissioners, the City Manager, City Attorney, City Treasurer, and public officials who manage public investments. Based on the City’s review, the Deputy City Manager and Assistant Finance Director are included as public officials who manage public investments. This change affects the filing method only and does not alter the disclosure obligations established by state law. Designated employees who are not required to file directly with the FPPC will continue to file in accordance with the City’s Conflict-of-Interest Code and applicable FPPC regulations..

The proposed amendments are administrative in nature and are intended to ensure the City's Conflict-of-Interest Code remains accurate, current, and compliant with the Political Reform Act. The recommended amendments have been incorporated into the proposed resolution and revised Conflict-of-Interest Code presented for City Council consideration.

Approval of the proposed resolution will complete the City's 2026 Biennial Review and ensure continued compliance with state conflict-of-interest laws and reporting requirements.

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

ENVIRONMENTAL DETERMINATION
The recommended action is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378(b)(5) because it consists of administrative and organizational activities of government that will not result in direct or indirect physical changes in the environment.

Prepared By: Lorena Cordova, City Clerk Specialist
Concurs With: Not Applicable
Reviewed By: Kathleen Sessman, 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
CEQA Review: Not Applicable
Attachments
A_Resolution_Amending_the_Conflict_of_Interest_Code_for_2026.pdf RESOLUTION CC 2026-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, CONDUCTING THE 2026 BIENNIAL REVIEW AND

AMENDING THE CITY OF GLENDORA CONFLICT OF INTEREST CODE

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council of the City of Glendora acting on behalf of the City and in its capacity as the governing board of the Successor Agency to the former Glendora Community Redevelopment Agency, the Glendora Housing Authority, and the Glendora Public Finance Authority, previously adopted Resolution CC 2024-40, adopting by reference the model Conflict-of-Interest Code set forth in title 2, section §18730 of the California Code of Regulations; and
WHEREAS, the Political Reform Act, Government Code section 81000 et seq., requires state and local government agencies to adopt and promulgate conflict-of-interest codes; and
WHEREAS, Government Code section 87300 provides that every agency shall adopt and promulgate a Conflict-of-Interest Code, and that a Conflict-of-Interest Code has the force of law; and
WHEREAS, Government Code section 87306.5 requires the code reviewing body to direct every local agency that has adopted a Conflict-of-Interest Code to review its code no later than July 1 of each even-numbered year and, if a change in the code is necessitated by changed circumstances, to submit an amended Conflict-of-Interest Code for approval; and
WHEREAS, the City Council is the code reviewing body for the City; and WHEREAS, the Fair Political Practices Commission has adopted title 2, section 18730 of the California Code of Regulations, which contains the terms of a standard Conflict-of-Interest Code that may be incorporated by reference into an agency’s Conflictof-Interest Code; and WHEREAS, Government Code section 87200 identifies certain public officials who are required to file Statements of Economic Interests under Article 2 of the Political Reform Act, including mayors, city council members, planning commissioners, city managers, city attorneys, city treasurers, and public officials who manage public investments; and
WHEREAS, based on the City’s review of the duties assigned to the Deputy City Manager and Assistant Finance Director, the City has determined that those positions qualify as public officials who manage public investments under applicable law and Fair Political Practices Commission regulations and therefore are required to file Statements of Economic Interests under Government Code section 87200; and WHEREAS, Government Code section 87500 requires Statements of Economic Interests filed by public officials for whom the Fair Political Practices Commission is the Resolution CC 2026-______ Page 2 of 8
filing officer to be filed with the Commission using the Commission’s electronic filing system; and
WHEREAS, the City has conducted its 2026 biennial review of the City’s Conflictof-Interest Code and has determined that amendments are necessary to reflect current City positions, filing procedures, and disclosure requirements; and WHEREAS, the City Council desires to amend and restate the City’s Conflict-ofInterest Code to add designated positions, update position titles, clarify applicable filing procedures, and update the City’s list of designated positions and disclosure categories.

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

SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Amendment and Restatement of Conflict-of-Interest Code. The City Council hereby amends and restates the City of Glendora Conflict-of-Interest Code.

Resolution CC 2024-40, and all prior resolutions or portions of resolutions approving the City’s prior Conflict-of-Interest Code, are hereby superseded to the extent inconsistent with this Resolution.

SECTION 3. Incorporation of FPPC Model Code. The terms of title 2, section 18730 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. The incorporated regulation, together with Exhibit A, designating positions and identifying statutory filers for reference, and Exhibit B, establishing disclosure categories, shall constitute the Conflict-of-Interest Code of the City of Glendora.

SECTION 4. Filing of Statements of Economic Interests. Individuals holding designated positions shall file their Statements of Economic Interests with the City Clerk/Communications Director, who shall serve as the filing officer for the City of Glendora for such designated positions. Statements filed with the City Clerk/Communications Director shall be retained and made available for public inspection and reproduction in accordance with Government Code section 81008 and applicable law. Public officials subject to Government Code section 87200 shall file Statements of Economic Interests in accordance with applicable state law and Fair Political Practices Commission regulations, including Government Code section 87500 and the FPPC electronic filing system where applicable.

SECTION 5. Exhibits. Exhibit A, attached hereto and incorporated herein, amends and supersedes all previous versions of the City’s list of statutory filers, designated positions, and applicable disclosure categories. Exhibit B, attached hereto and incorporated herein, amends and supersedes all previous versions of the City’s disclosure categories.

SECTION 6. The Mayor shall sign this Resolution and the City Clerk/Communications Director shall attest and certify to the passage and adoption of this Resolution; and the same shall take effect and be in force upon adoption by the City Council.

Resolution CC 2026-______ Page 3 of 8
SECTION 7. The City Clerk/Communications Director is hereby directed to forward a copy of this Resolution to the Glendora Human Resources Division.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Glendora this __ day of ________, 2026.

BY:

DAVID FREDENDALL
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 2026, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Resolution CC 2026-______ Page 4 of 8

EXHIBIT A

DESIGNATED POSITIONS
The positions listed below are designated positions and the individual occupying each position is deemed to make, or participate in the making of, decisions which may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Exhibit B.

POSITION DISCLOSURE

CATEGORIES
Accounting Manager 1
Accounting Supervisor 1
Assistant City Manager 1
Assistant Director - Community Development 1
Assistant Director - Human Resources 1
Assistant Public Works Director 1
Building Inspector 3
Building Official 2
Business Services Manager 1
Chief of Police 1
City Clerk/Communications Director
(Also serves as Secretary to Housing Authority, Successor Agency of the former Glendora Community Redevelopment Agency, and Finance Authority)
1 City Planner 1
Community Development Director
(Also serves as Assistant Executive Director to Housing Authority) 1 Construction Inspector 3
Deputy City Clerk/Records Manager 1
Facilities Maintenance Supervisor 2
Housing and Economic Development Manager 2
Human Services Manager 2
Information Technology Director 1
Information Technology Officer 2
Information Technology Project Manager 2
Library Director 1
Library Services Manager 2
Parks and Landscape Contract Supervisor 2
Payroll Supervisor 2
Plans Examiner 3
Police Captain 1
Police Lieutenant 2
Principal Civil Engineer 2
Principal Planner 1
Public Works Director 1
Public Works Maintenance & Operations Manager 2
Public Works Maintenance & Operations Supervisor 2
Purchasing Coordinator 2
Recreation and Human Services Director 1
Recreation Manager 2
Water Division Manager 2
Resolution CC 2026-______ Page 5 of 8

CITY BOARDS, COMMISSIONS AND COMMITTEES DISCLOSURE CATEGORIES Board of Library Trustees 1
Community Services Commission 1
Water Commission 1

CONSULTANTS DISCLOSURE CATEGORIES
Interim Staff 1
Outside Attorneys
(e.g., Water Rates, Assessment District, etc.)
1 Special Counsel 1
Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in this Conflict-of-Interest Code, subject to the following limitation:

The City Manager or a designee may determine in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. The written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

See
Consultant
Conflict of
Interest
Questionnaire
GOVERNMENT CODE SECTION 87200 FILERS/ ARTICLE 2 FILERS
Government Code Section § 87200 et seq. [2 Cal. Code Regs. § 18730(b)(3)] Pursuant to Government Code Sections 87200, certain public officials are required by state law to file Statements of Economic Interests under Article 2 of the Political Reform Act.. These officials are listed below for reference only and are not assigned local disclosure categories under the City’s Conflict-of-Interest Code. These officials are subject to disclosure requirements established directly by the Political Reform Act and shall file Statements of Economic Interests in accordance with applicable provisions of state law and Fair Political Practices Commission regulations.

Government Code section 87200 filers include elected officials, city managers, city attorneys, city treasurers, planning commissioners, and public officials who manage public investments, as provided by Government Code section 87200. Government Code section 87500 requires Statements of Economic Interests filed by public officials for whom the Fair Political Practices Commission is the filing officer to be filed with the Commission using the Commission’s electronic filing system.

Listed below for reference are the positions classified as Government Code section 87200 filers.

POSITION STATUTORY AUTHORITY / FILING
METHOD
Mayor and City Council Members Government Code sections 87200 and 87500; FPPC electronic filing system
Planning Commissioners Government Code sections 87200 and 87500; FPPC electronic filing system
City Manager Government Code sections 87200 and
87500; FPPC electronic filing system
City Attorney Government Code sections 87200 and
87500; FPPC electronic filing system
City Treasurer
(Finance Director/City Treasurer)
Government Code sections 87200 and
87500; FPPC electronic filing system
Deputy City Manager Government Code sections 87200 and
87500; public official who manages
public investments; FPPC electronic
filing system, where applicable
Assistant Finance Director Government Code sections 87200 and 87500; public official who manages
public investments; FPPC electronic
filing system, where applicable
Resolution CC 2026-______ Page 8 of 8

EXHIBIT B

CITY OF GLENDORA DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business positions, sources of income, sources of gifts, or interests in real property that must be disclosed by individuals holding designated positions.

CATEGORY 1: DESIGNATED POSITIONS WITH DUTIES THAT ARE BROAD

AND INDEFINABLE
Individuals holding positions assigned to Category 1 shall disclose all investments, business positions, sources of income, and sources of gifts located in, doing business in, or planning to do business in the City of Glendora. Individuals holding positions assigned to Category 1 shall also disclose interests in real property located in the City of Glendora, within the City’s sphere of influence, within two miles of the City’s boundaries, or within two miles of any property owned or used by the City of Glendora.

CATEGORY 2: DESIGNATED POSITIONS WITH DUTIES THAT INVOLVE

CONTRACTING OR PURCHASING
Individuals holding positions assigned to Category 2 shall disclose all investments, business positions, sources of income, and sources of gifts from sources that provide, or are of the type that provide, services, supplies, materials, machinery, or equipment of the type utilized by the City or by the designated position’s department or division.

CATEGORY 3: DESIGNATED POSITIONS WITH REGULATORY POWERS Individuals holding positions assigned to Category 3 shall disclose all investments, business positions, sources of income, and sources of gifts from sources that provide services of the type utilized by the designated position’s department or division, or from sources that are subject to the regulatory, permit, or licensing authority of the City.

Individuals holding positions assigned to Category 3 shall also disclose interests in real property located in the City of Glendora.

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: Finance DISTRICT(S): Citywide
SUBJECT: Operational and Fiscal Impact Assessment of Increasing the Authorized Positions from Two to Three Community Preservation Officers

RECOMMENDATION
That the City Council:

1. Provide direction on increasing the authorized position count with the addition of one Community Preservation Officer.

STRATEGIC FOCUS AREAS
Goal 2 - Glendora as a Destination - Attract visitors through strategic marketing, promotion of local businesses, and enhanced connectivity between attractions for a seamless destination experience. • Action 2.9 Documentation of Beautification and Visual Appeal Efforts through linkages of items in this plan Goal 5 - Staff + Technology - Strengthen City operations through investment in staff and technology improvements. • Action 5.2 Assess Service Delivery and Employee Total Compensation Package

EXECUTIVE SUMMARY
This report provides an operational and fiscal assessment of increasing the authorized positions from two to three Community Preservation Officers (CPO) in order to support the City's code enforcement efforts.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
At the November 12, 2024 City Council meeting, Staff presented a discussion on Community Preservation/Code Enforcement staffing needs. The decision was made not to move forward with additional Community Preservation staffing at that time (Attachment A and B).

At the April 22, 2025 City Council meeting, the City Council adopted the 2025 - 2027 Strategic Plan setting five goals to address: SubURBAN Living, Glendora as a Destination, New+Revitalized Facilities, Sustainable Infrastructure, and Staff+Technology.

At the June 9, 2026 the City Council meeting, Staff presented the FY 2026-27 Proposed Mid-Cycle Budget for adoption. City Council adopted the FY 2026-27 Mid-Cycle Budget and directed staff to return with a fiscal assessment of adding a Community Preservation Officer to the FY 2026-27 budget.

DISCUSSION
The mission of the Police Department's Community Preservation Division is to maintain quality of life and to work in partnership with Glendora residents to promote a safe and desirable living and working environment throughout the City. Community Preservation Officers (CPOs) work with City Departments and the City Attorney's office to enforce the City of Glendora’s municipal and zoning codes, address property maintenance, and enforce code violations related to residential and commercial properties.

The Community Preservation Division also collaborates with various City Departments and Los Angeles County agencies to investigate potential violations of the City Zoning Code, Municipal Code, State Health Codes, and Uniform Housing Code. These regulations are in place to safeguard the health, safety, and well-being of Glendora residents while enhancing neighborhood vitality by establishing minimum standards for structures, surrounding properties, and other factors affecting quality of life. Through partnerships, education, and, when necessary, enforcement actions, Community Preservation ensures compliance with zoning, municipal, and building codes, while promoting the overall welfare of the community.

The Community Preservation Division has operated with two full-time positions from FY 2016-17 to present. The table below provides budget history of the authorized CPO positions.

Fiscal Year (Budget) Full-Time Part-Time Key Notes
2000-2001 2.00 0.00
Community Development Department as Code
Enforcement Officer
2001-2002 & 2002-2003 3.00 0.00
Community Development Department name change
to CPO. Includes 1 Senior CPO, 2 CPOs.
2003-2004 & 2004-2005 4.00 0.00
Transitioned to Police Department April 2005.

Includes 1 Senior CPO, 3 CPOs.
2005-2006 to 2008-2009 4.00 0.00 Police Department includes 1 Senior CPO, 3 CPOs. 2009-2010 & 2010-2011 3.00 0.50 Police Department includes 3.5 CPOs. 2011-2012 3.00 0.58 Police Department includes 3.58 CPOs. 2012-2013 1.00 0.58
Police Department includes 1.58 CPOs. FY 2012-
2013 Reduction due to grant funding ending
for temporary full-time position and impacts of the
Redevelopment Agency dissolution.
2013-2014 to 2015-2016 1.00 0.00 Police Department includes 1.00 CPOs. 2016-2017 to Present 2.00 0.00 Police Department includes 2.00 CPOs.

A third CPO would help enforce City ordinances, address parking issues, neighborhood conditions, landscape issues, public right-of-way, line of sight issues within City neighborhoods. Additionally, additional staffing would help assist additional proactive support of neighborhood and and commercial quality of life issues.

Operational Assessment:

Currently, the Police Department operates with two full-time CPOs. Adding a third CPO would provide greater flexibility to address neighborhood and community issues. Primarily, the addition of a third CPO would increase the number of personnel present at any given time. More specifically, Community Preservation staff divide the week into two sections; Sunday-Wednesday for one employee and Wednesday-Saturday for the other employee. This schedule, although beneficial for providing 7 day-a-week coverage, only provides for one day where both employees are present. As such, responsiveness to community questions for the majority of the week are typically limited to when each CPO can allocate time to the office and return phone messages or respond to community questions in the form of email. The addition of a third CPO would provide greater community connection and limit the number of times a community member would have to leave a message and await a return phone call; a practice that is common with the number of personnel currently working.

In addition, creating a third CPO position would allow for personnel to have more unencumbered time to address appropriate violations on a proactive basis, thereby lessening community complaints and increasing responsiveness. Although the opportunity to increase proactive enforcement is important, the most substantial benefit will be increased staff time to conduct more timely and frequent site inspections for open cases, thereby potentially lessening the time for a case to be resolved. An important fact to note is that not all code compliance cases are created equally. While some cases may be simple and straightforward, others are complex. As an example, certain cases involve land use, zoning and building code violations. While the former are simple and do not require multiple additional inspections, the latter require coordination with other City or County departments, often necessitating legal action via the City Attorney’s office. As it relates to complicated code compliance cases, significant staff time is spent documenting violations followed by a cumbersome and slow process through the court system, prior to case resolution, which can take multiple years. The addition of a third CPO may help speed the investigative process and the volume of cases processed; however, it will not decrease the judicial proceedings sometimes necessary to achieve compliance.

Over the last 12 months, Community Preservation has handled 1,425 calls between two CPOs. This represents both proactive enforcement and responses to complaints from community members, police department employees and other city officials. Though the number of calls for service can provide a general measure of activity, that number does not account for additional contacts CPOs must make to ensure compliance. In order to understand the volume of work, an understanding of the process for a code compliance case is helpful. Upon receiving a complaint or making a proactive observation of a municipal code violation, the violator must be provided a notice of violation; this can be done in person or via a letter. The focus of Community Preservation is compliance however, often times a follow-up visit, or notice of violation(s) fine is sent the offender if compliance has not been achieved.

When considering the total amount of notices and follow-up contact done to remedy each case, the actual number of community contacts to resolve a single case can be at least two to three times the recorded number above.

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

In addition to cases handled, Community Preservation is responsible for engaging the public at the front counter, answering questions regarding the codes, preparing reports, processing citations, issuing parking permits, conducting site visits and making educational presentations.

Fiscal Assessment:

The addition of a third CPO will impact the General Fund, Measures E/Z Fund, and Fleet Management Fund.

There is no measurable revenue generation with increasing the Community Preservation Division by one CPO.

A CPO goes through the full Police Department recruitment, which includes significant background process. This recruitment is extensive and may take between 6 to 12 months to complete. Therefore, it is likely the position will only be filled for a portion of FY 2026-27 and as such the City will likely only experience a portion of the fullyburdened cost during FY 2026-27. The table below provides the breakdown of added costs for the CPO position.

This table presents the impact of fully-burdened cost of the position for 100% or 12 months filled.

Fully-Burdened Cost Amount
Community Preservation Officer Position (salary &
benefits)*
$113,400
Community Preservation Officer Vehicle $70,000
Vehicle Operation (fuel use) & Maintenance
(preventative)*
$2,600
Total $186,400
*Ongoing $116,400
The cost likely to be incurred during FY 2026-27 may range between $128,000 (50% of the year) and $157,000 (75% of the year). The General Fund and Measures E/Z impact would range between $58,000 and $87,000. Both scenarios include the full cost of the vehicle purchase from the Fleet Management Fund of $70,000.

Community Preservation Officer Position (salary & benefits):

The FY2026-27 Adopted Mid-Cycle Budget includes an appropriation of $268,000 in the General Fund Contingency expenditure account which represents less than one half of one percent of the total General Fund and Measure E/Z budget for FY2026-27. The contingency account is budgeted every year in the General Fund to be available for unanticipated or unforeseen costs; in the past this account has been used for things like peafowl trapping, sister city, South Hills development study, and other City Council policy items where funding is not readily available. A portion of the funding in this account may be reprogrammed to cover the first year of the costs for the CPO position allowing the City to operate within the FY2026-27 Adopted Budget without any changes to the General Fund and Measures E/Z.

Community Preservation Officer Vehicle & O&M:

The vehicle purchase and operation/maintenance will occur in the Fleet Management Fund which is an internal service fund that allocates costs back to the fund(s) receiving the service(s) provided. This means even though the vehicle purchase and operation/maintenance costs occur in the Fleet Management Fund the charges typically get allocated back the funds receiving the vehicle/service. The City Council may also select to use accumulated reserves ($1.5 million) in the Fleet Management Fund to defray the costs to the General Fund and Measures E/Z Fund.

Multi-Year Forecasts & One-Time Discretionary Funding(General Fund, Measures E/Z):

Assumptions added to the multi-year forecasts to assess the potential impact of the additional CPO position:

FY2026-27:

No change to overall General Fund or Measure E/Z Budget: Use of General Fund Contingency appropriation for year one.

Fleet Fund accumulated reserves would be used for a one-time vehicle purchase.

FY 2027-28 and Beyond:
100% of personnel and operations/maintenance costs would be funded from Measure E/Z.

A decrease in the General Fund Contingency Account would match the personnel cost increases in Measure E/Z
Measure E/Z fund would reduce the transfer to the General Fund by the amount of the personnel costs General Fund and Measures E/Z Multi-Year forecasts are minimally impacted by the addition of one CPO using the scenario above.

FISCAL IMPACT
If City Council decides to add the position using the General Fund contingency account, a supplemental appropriation will only be required for vehicle purchase in the amount of $70,000 in the Fleet Management Fund.

A budget transfer would move funding from the contingency account to the Police Department budget for personnel related costs. Ultimately, once hired, the ongoing fiscal impact of hiring an additional CPO would be expected to cost approximately $116,400 annually in salary, benefits and vehicle operation and maintenance.

Moving forward, if the position is added, the position will be included in the Measure E/Z budget for FY 2027-2029, with a corresponding reduction in the General Fund Contingency Account and reduction in the Measure E/Z transfer to the General Fund.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Prepared By: Kyle Johnson, Finance Director/City Treasurer Concurs With: Not Applicable
Reviewed By: Mike Randazzo, Police Chief
Certified to Availability of Funds: Marie Ricci, Deputy City Manager Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_November_12_2024_Member_Agenda_Item_Report.pdf
B_November_12_2024_Member_Agenda_Item_Presentation.pdf
C_CPO_Presentation.pdf

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

RECOMMENDATION
That the City Council:

1. Receive and file report; and

2. Provide direction to staff for any actionable item.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The process is as follows:

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

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

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

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

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

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

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

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

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

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

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

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

The Community Preservation remedies are as follows:

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

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

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

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

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

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

Historical List of Activity:

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

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

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

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

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

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

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

Prepared By Shelly Gold, Police Captain
Concurs With Not Applicable
Reviewed By Michael Randazzo, Police Chief
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Presentation
COMMUNITY PRESERVATION

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

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

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

REACTIVE
• Calls that are initiated from the community

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

DUTIES DUTIES

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

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

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

RECOMMENDATION
That the City Council:

1. Receive and file report.

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

OPERATIONAL AND FISCAL IMPACT ASSESSMENT OF INCREASING

THE AUTHORIZED POSITIONS FROM TWO TO THREE COMMUNITY

PRESERVATION OFFICERS

FINANCE DEPARTMENT
JUNE 23, 2026

KYLE JOHNSON, FINANCE DIRECTOR

STRATEGIC PLAN FOCUS
Goal 2 - Glendora as a Destination
• Action 2.9 Documentation of Beautification and Visual Appeal Efforts through linkages of items in this plan
Goal 5 - Staff + Technology
• Action 5.2 Assess Service Delivery and Employee Total Compensation Package

COMMUNITY PRESERVATION

BACKGROUND
The mission of the Police Department's Community Preservation Division:
• Maintain quality of life and to work in partnership with the Glendora residents to promote a safe and desirable living and working environment throughout the city. • CPOs enforce the City of Glendora’s municipal and zoning codes, address property maintenance and codes related to residential and commercial properties.

HISTORICAL AUTHORIZED FTES
Fiscal Year Full-Time Part-Time Key Notes
2000-2001 2.00 0.00 Community Development
2001-2002 & 2002-2003 3.00 0.00 Community Development
2003-2004 & 2004-2005 4.00 0.00 Police as of April 2005 2005-2006 to 2008-2009 4.00 0.00 Police
2009-2010 & 2010-2011 3.00 0.50 Police
2011-2012 3.00 0.58 Police
2012-2013 1.00 0.58
Police (reduction in grant funding and
RDA dissolution)
2013-2014 to 2015-2016 1.00 0.00 Police
2016-2017 to Present 2.00 0.00 Police

OPERATIONAL ASSESSMENT
Adding a third CPO:
• Provides greater flexibility and community connection to address neighborhood and community issues.
• Allows for personnel to have more time to address appropriate violations on a proactive basis, thereby lessening community complaints and increasing responsiveness.
• Provides increased staff time to conduct more timely and frequent site inspections for open cases, thereby potentially lessening the time for a case to be resolved. • The most extreme cases where a nuisance property must be received or abated, the life of the case can extend to three years and require approximately 50 followup investigations. • The addition of a third CPO may help speed the investigative process and the volume of cases processed; however, it will not decrease the judicial proceedings sometimes necessary to achieve compliance.

FISCAL ASSESSMENT
Fully-Burdened Cost Amount
Community Preservation Officer Position (salary & benefits)* $113,400 Community Preservation Officer Vehicle $70,000
Vehicle Operation (fuel use) & Maintenance (preventative)* $2,600 Total $186,400
*Ongoing $116,400
• No measurable revenue generation, adds additional cost to the City's budget. • FY 2026-27 costs may range between $128,000 (50% of the year) and $157,000 (75% of the year).
• The General Fund & Measures E/Z impact: $58,000 to $87,000. • Assumes full cost of the vehicle in the Fleet Management Fund of $70,000.

FISCAL ASSESSMENT
CPO (Position, if added)
• Year One: Use of General Fund Contingency Account ($268,000) to absorb impact to FY2026-27
• This account represents less than one half of one percent of the total General Fund and Measure E/Z budget for FY2026-27.
• Used for unanticipated or unforeseen costs.
• i.e. peafowl trapping, sister city, South Hills development study, and other City Council policy items where funding is not readily available • Going Forward: position will be included in the Measure E/Z budget for FY 2027-2029 • Reduction in the General Fund Contingency Account and offset by reduction in the Measure E/Z transfer to the General Fund.

CPO (Vehicle, if added)
• Requires a supplemental appropriation in the Fleet Management Fund using accumulated reserves of $1.5 million.
• Use of reserves allows for no changes to the General Fund and Measures E/Z Fund.

The overall impact is sustainable within each fund that receives a portion of the cost.

RECOMMENDATIONS:

1. PROVIDE DIRECTION ON INCREASING THE AUTHORIZED POSITION COUNT WITH THE ADDITION OF ONE COMMUNITY PRESERVATION OFFICER.

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: Police Department DISTRICT(S): Citywide
SUBJECT: Consideration of a Second Amendment to the All City Management Services Inc.

Agreement extending crossing guard services for an additional year for a total three-year contract sum not to exceed $874,680

RECOMMENDATION
That the City Council:

1. Approve a Second Amendment to the All City Management Services Inc. Agreement extending crossing guard services for an additional year for a total three-year term and a contract sum not to exceed $874,680;

2. Authorize the Police Chief to execute any necessary contingency in an amount not to exceed 5% of the amended contract amount; and

3. Authorize the City Manager to execute the Amendment.

STRATEGIC FOCUS AREAS
Not Applicable

EXECUTIVE SUMMARY
On July 9, 2024, the City Council approved a one-year agreement with All City Management Services Inc. (ACMS) to provide crossing guard services to the City. ACMS provides crossing guard services at 14 locations within the City of Glendora for the purpose of crossing school pedestrians at intersections. The agreement was extended for an additional two year period pursuant to a First Amendment, dated May 27, 2025.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In the past, the City of Glendora’s crossing guard program was staffed by a group of civilian personnel who were hired, trained, and supervised by a member of the police department. On July 13, 2011, the City entered into an agreement with All City Management Services Inc. (ACMS) for the purpose of providing crossing guard services to the City. The City has maintained the agreement with ACMS continuously since the initial contract, either through extension renewals or new agreements.

DISCUSSION
The City of Glendora has had a good working relationship with ACMS over the previous agreement period, which included a one-year renewal. An amendment to the agreement is requested to extended services for a additional period of one year, July 1, 2026, through June 30, 2027. As a part of the Amendment, ACMS agrees to hire, train, properly outfit and provide relief and/or reserve coverage at the 14 designated locations within the City of Glendora.

Location changes may be evaluated on an annual basis.

The Amendment will include an hourly contract billing rate increase from $33.10 per hour to $34.22 per hour. ACMS has raised their hourly rate to ensure crossing locations have staffing and to stay competitive with other industry peers providing similar services. There are no other companies in the area that provide the same services as ACMS. All other crossing guard companies provide staff for special events, not regular day-to-day school crossings.

In January 2024, the City of Glendora entered into a Master Joint Use Agreement with the Glendora Unified School District (GUSD). Per this Amendment, the GUSD will equally share the total cost for the 12 crossing guard locations within their District.

FISCAL IMPACT
The budget for the crossing guard services will increase from $291,942.00 for the 25/26 school year to $301,820.40 for the 26/27 school year. This will also be offset by $129,351.60 the school district’s 50% cost share of the 12 locations within GUSD.

Sufficient appropriations are included in the FY2026-27 Adopted Mid-Cycle Budget in the GUSD JUA Fund (105).

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

Prepared By: Julie Linger, Business Services Manager
Concurs With: Not Applicable
Reviewed By: Mike Randazzo, Police Chief
Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_All_City_Management_Services_Amendment_No_2.pdf
B_All_City_Management_Services_Inc_Agreement.pdf
C_All_City_Management_Services_Inc_Amendment_No1.pdf
D_Master_Joint_Use_Agreement_GUSD.pdf
E_Powerpoint_Presentation.pdf
01240.0001/1015820.1
AMENDMENT NO. 2

TO CONTRACT SERVICES AGREEMENT
THIS AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT
(“Amendment”) is made by and between the CITY OF GLENDORA (“City”) and ALL-CITY MANAGEMENT SERVICES, INC., a California corporation (“Consultant”) effective as of the _____ day of __________, 2026.

RECITALS
A. City and Consultant entered into that certain Contract Services Agreement dated July 9th, 2024 whereby Consultant agreed to provide certain school crossing guard services, which was subsequently amended by the parties pursuant to that certain Amendment No. 1, dated May 27, 2025 (as so amended, the “Agreement”).

B. City and Consultant now desire to amend the Agreement to extend the term of the Agreement for an additional year and increase the contract sum accordingly.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $572,859 (Five Hundred Seventy Two Thousand Eight Hundred Fifty Nine Dollars) Eight Hundred Seventy Four Thousand Six Hundred Eighty Dollars ($874,680) (“Contract Sum”).”
b. “3.4 Term & Extended Term(s). Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effective until completion of the services, but not exceeding two (2) three (3) years from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (Exhibit “D”).

Notwithstanding anything to the contrary herein, the City Manager, in his/her sole discretion, may extend the Term of this Agreement for up to three (3) two (2) additional one (1) year terms (the “Extended Term”), on terms and conditions mutually agreeable to the parties, so long as the compensation due to the Consultant for each annual period of the Extended Term does not exceed the Contract Sum specified in Section 2.1 (subject to potential increases to such Contract Sum consistent with the change in the Consumer Price Index (Los Angeles-Riverside-Orange County) for such extensions). City shall notify Consultant of its election to extend the Term of the Agreement in writing (or any Extended Term) not later than fortyfive (45) calendar days prior to the expiration of the Term or any Extended Term.

Docusign Envelope ID: EC9ABB94-1DFF-84C0-81F2-36A791F3E332 Amendment No. 2 – All City Management (Crossing Guards) 06.23.2026 -2- c. The Exhibit “C” attached to the Agreement shall be amended and replaced as shown in the amended Exhibit “C” attached hereto.

2. Continuing Effect of Agreement. Except as amended by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

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

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

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

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: EC9ABB94-1DFF-84C0-81F2-36A791F3E332 Amendment No. 2 – All City Management (Crossing Guards) 06.23.2026 -3- IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

ALL-CITY MANAGEMENT SERVICES, INC.

Name: Barron Farwell
Title: President
Email Address: [email protected]
Name: Demetra Farwell
Title: Corporate Security
Email Address: [email protected]
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN Docusign Envelope ID: EC9ABB94-1DFF-84C0-81F2-36A791F3E332 Jun 6, 2026 | 9:08 AM PDT
Jun 3, 2026 | 9:38 AM PDT
01240.0001/1015820.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
City shall compensate Consultant for its services as follows:

Calculations for Year One of Agreement for Fiscal Year 2024-2025 Traditional/Regular School Calendar
Sites@

3.5hrs.
per day
Description Total
Hours/Days
14 49 Total Hours Per Day for Traditional/Regular
School Days
180@
$31.85
Total Not to Exceed Cost $280,917.00
*City does not provide school crossing guard services on holidays, winter and/or spring break periods.

Calculations for Year Two of Agreement for Fiscal Year 2025-2026 Traditional/Regular School Calendar
Sites@

3.5hrs.
per day
Description Total
Hours/Days
14 49 Total Hours Per Day for Traditional/Regular
School Days
180@
$33.10
Total Not to Exceed Cost $291,942.00
*City does not provide school crossing guard services on holidays, winter and/or spring break periods.

Calculations for Year Three of Agreement for Fiscal Year 2026- 2027 Traditional/Regular School Calendar
Sites@

3.5hrs.
per day
Description Total
Hours/Days
14 49 Total Hours Per Day for Traditional/Regular
School Days
180@
$34.22
Total Not to Exceed Cost $301,820.40
*City does not provide school crossing guard services on holidays, winter and/or spring break periods.

Docusign Envelope ID: EC9ABB94-1DFF-84C0-81F2-36A791F3E332 Agreement – All City Management (Crossing Guard Services) 07.09.2024 1

CITY OF GLENDORA

CONTRACT SERVICES AGREEMENT FOR

SCHOOL CROSSING GUARD SERVICES
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this _____ day of __________, 2024, by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and ALL-CITY MANAGEMENT SERVICES, INC., a California corporation (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 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.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 9th July
01240.0010/991789.1
exceeding the maximum contract amount of $280,917 (Two Hundred Eighty Thousand Nine Hundred Seventeen Dollars) (“Contract Sum”).

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

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Fifty Thousand Dollars ($50,000) or in the time to perform of up to ninety (90) days may be approved by the City Manager. Any greater increases than Fifty Thousand Dollars ($50,000), taken either separately or cumulatively, must be approved by the City Council. 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.

3. PERFORMANCE SCHEDULE

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

Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

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

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (Exhibit “D”).

Notwithstanding anything to the contrary herein, the City Manager, in his/her sole discretion, may extend the Term of this Agreement for up to four (4) additional one (1) year terms (the “Extended Term”), on terms and conditions mutually agreeable to the parties, so long as the compensation due to Consultant for each annual period of the Extended Term does not exceed the Contract Sum specified in Section 2.1 (subject to potential increases to such Contract Sum consistent with the change in the Consumer Price Index (Los Angeles-Riverside-Orange County) for such extension).

City shall notify of its election to extend the Term of the Agreement in writing (or any Extended Term) not later than forty-five (45) calendar days prior to the expiration of the Term or any Extended Term.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Demetra Farwell is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1
exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. The City’s Police Chief or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth.

Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Sexual Abuse or Molestation (SAM) Liability. Consultant shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(g) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1
of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions. (m)Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. 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.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

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(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant 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 thereunder.

The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

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

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.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine.

Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. 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.

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

8. MISCELLANEOUS
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8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement.

Consultant shall take affirmative action to ensure 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

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

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of 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 portions 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1
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.

8.7 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 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.

8.9 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. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. Delivery of a signed counterpart in electronic form (i.e., PDF) by email shall constitute good and sufficient delivery. The parties are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Agreement based on the form of signature

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

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

Consultant’s Authorized Initials ___________________
Demetra Farwell
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Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 01240.0010/991789.1
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
Natasha Woolford
Assistant Director – Finance
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

ALL CITY MANAGEMENT SERVICES, INC.

Name: Barron Farwell
Title: President
Email Address: [email protected]
Name: Demetra Farwell
Title: Corporate Secretary
Email Address: [email protected]
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

Docusign Envelope ID: D3B7C468-8478-4BF4-88DF-DDB2CC031EC9 Jun 25, 2024 | 3:55 PM PDT
Jun 21, 2024 | 9:17 AM PDT
Jul 10, 2024 | 10:33 AM PDT
AMENDMENT NO. 1

TO CONTRACT SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(“Amendment”) is made by and between the CITY OF GLENDORA (“City”) and ALL-CITY MANAGEMENT SERVICES, INC., a California corporation (“Consultant”)effective as of the 27th day of May, 2025.

RECITALS
A. City and Consultant entered into that certain Contract Services Agreement, dated July 9th, 2024 (“Agreement”) whereby Consultant agreed to provide certain school crossing guard services.

B. City and Consultant now desire to amend the Agreement to extend the contract for an additional year.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $280,917 (Two Hundred Eighty Thousand Nine Hundred Seventeen Dollars) $572,859 (Five Hundred Seventy Two Thousand Eight Hundred Fifty Nine Dollars) (“Contract Sum”).”
b. “3.4 Term & Extended Term(s). 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 (1) year two (2) years from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (Exhibit “D”).

Notwithstanding anything to the contrary herein, the City Manager, in his/her sole discretion, may extend the Term of this Agreement for up to four (4) three (3) additional one (1) year terms (the “Extended Term”), on terms and conditions mutually agreeable to the parties, so long as the compensation due to Consultant for each annual period of the Extended Term does not exceed the Contract Sum specified in Section 2.1 (subject to potential increases to such Contract Sum consistent with the change in the Consumer Price Index (Los Angeles-RiversideOrange County) for such extension). City shall notify Consultant of its election to extend the Term of the Agreement in writing (or any Extended Term) not later than forty-five (45) calendar days prior to the expiration of the Term or any Extended Term.
c. The Exhibit “C” attached to the Agreement shall be amended and replaced as shown in the amended Exhibit “C” attached hereto.

Docusign Envelope ID: CD8D106F-63E2-4B76-B50F-5D07E928D062 Amendment No. 1 – All City Management (05.27.2025) 2

2. Continuing Effect of Agreement. Except as amended by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment.

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

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

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

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. [SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: CD8D106F-63E2-4B76-B50F-5D07E928D062 Amendment No. 1 – All City Management (05.27.2025) 3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:

ALL-CITY MANAGEMENT SERVICES, INC.

Name: Barron Farwell
Title: President
Email [email protected]
Name: Demetra Farwell
Title: Corporate Security
Email Address: [email protected]
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, UNLESS EXECUTED UTILIZING DOGUSIGN.

Docusign Envelope ID: CD8D106F-63E2-4B76-B50F-5D07E928D062 May 28, 2025 | 8:00 AM PDT
May 27, 2025 | 9:37 AM PDT
May 28, 2025 | 10:31 AM PDT
EXHIBIT “C”

SCHEDULE OF COMPENSATION
City shall compensate Consultant for its services as follows:

Calculations for Year One of Agreement for Fiscal Year 2024-2025 Traditional/Regular School Calendar
Sites@

3.5hrs.
per day
Description Total
Hours/Days
14 49 Total Hours Per Day for
Traditional/Regular School Days
180@
$31.85
Total Not to Exceed Cost $280,917.00
*City does not provide school crossing guard services on holidays, winter and/or spring break periods.

Calculations for Year Two of Agreement for Fiscal Year 2025-2026 Traditional/Regular School Calendar
Sites@

3.5hrs.
per day
Description Total
Hours/Days
14 49 Total Hours Per Day for
Traditional/Regular School Days
180@
$33.10
Total Not to Exceed Cost $291,942.00
*City does not provide school crossing guard services on holidays, winter and/or spring break periods.

Docusign Envelope ID: CD8D106F-63E2-4B76-B50F-5D07E928D062 1 MASTER JOINT USE AGREEMENT
THIS MASTER JOINT USE AGREEMENT (“Agreement”), is made and entered into on January 30, 2024 and become effective on July 1, 2024 (the “Effective Date”), by and between the GLENDORA UNIFIED SCHOOL DISTRICT, hereinafter referred to as “District,” and the CITY OF GLENDORA, hereinafter referred to as “City”; and each of the City and District are hereinafter referred to individually as a “Party” and/or both collectively as the “Parties.”

RECITALS
A. WHEREAS, the Parties have entered into this Agreement to update and combine previous agreements between the Parties detailing the terms of use for fields and facilities, the school resource officer program, crossing guard services program, and library services. The Parties have determined that this Agreement is in the interest and welfare of the community of the City of Glendora;
B. WHEREAS, the District and the City each own facilities, the use of which can be shared by each Party and the community. Each Party has selected specific locations to be identified as joint use fields and facilities;
C. WHEREAS, the Parties intend, by this Agreement, to establish the terms and conditions for capital improvements, maintenance, and uses of selected fields and facilities by the Parties or the community;
D. WHEREAS, the Parties agree that coordinated and cooperative scheduling of selected fields and facilities is the best way to maximize benefits to the community as a whole, while ensuring that they are maintained as sustainable community assets; E. WHEREAS, the Parties agree that ensuring the safety of all students and personnel at every District educational facility is of great importance to the community; F. WHEREAS, as the District does not maintain a school law enforcement agency pursuant to Section 39670(b) of the California Education Code, and as such, the District has requested the services of a School Resources Officer from the City; G. WHEREAS, the City, through the Glendora Police Department, is ready and willing to provide the services of sworn peace officers to serve as School Resource Officers; H. WHEREAS, the City administers a crossing guard services program, through a contract with a vendor to ensure safe crossing for all schools within the City, including 13 locations for the 2023-2024 school year near and adjacent to District campuses, which will be reviewed annually to identify needs;
I. WHEREAS, the City and District have a longstanding history of collaboration and partnership and this Agreement is intended to further that relationship; DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 2 J. WHEREAS, this Agreement supersedes and replaces all other agreements currently in effect between the Parties related to the use, maintenance, and capital improvements of the City and District with respect to the Facilities and Services (as defined below); and
K. NOW THEREFORE, in consideration of the mutual promises contained herein, the City and the District do agree as follows:

TERMS AND CONDITIONS

1. GENERAL PURPOSE
The purpose of this Agreement is twofold. It is intended to reaffirm the longstanding collaboration and partnership between the City and District by incorporating all other agreements currently in effect between the City and District that include the mutual use of sports fields and facilities, school resource officer program, crossing guard program, and library services (collectively, the “Facilities and Services”). As such all other agreements between the Parties with respect to the Facilities and Services are hereby superseded and replaced by the terms and conditions outlined herein.

This Agreement further defines the City’s and District’s responsibilities related to the scheduling and coordination of sports fields and facilities, cost sharing of maintenance obligations, cost sharing of capital improvements, the development of a common fee for use of the sports fields and facilities, and cost for the school resource officer program, including related as needed public safety services.

The terms for each of the elements of this Agreement can be found in the following Attachments:

Attachment A: Use of Sports Fields and Facilities
Attachment B: School Resource Officer Services and Glendora Police Department Support
Attachment C: Crossing Guard Services
Attachment D: Library Services

2. CAPITAL IMPROVEMENTS
City and District will work collaboratively to identify ways in which to fund necessary capital improvements to the sports fields and facilities identified in this Agreement (the “Sports Fields and Facilities”).

All capital improvements shall only be effectuated following the express written permission of the City and the District. Approval by the City or District must be given in writing prior to commencing any construction activity on such capital improvements set forth in this Agreement. All necessary permits and approvals, from the requisite approving authorities, will need to have been secured prior to any construction activity occurring with respect to such capital improvements. All costs related to the capital improvements will be borne by the City or District as shall be DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 3 mutually agreed to by the Parties.

3. PRIORITY OF USE
The District shall have exclusive use and control of the District-owned Sports Fields and Facilities as required to provide educational services and programs. The City shall have the next priority for use of the District-owned Sports Fields and Facilities in scheduling City-affiliated athletic activities and other City functions.

4. TERM
The “Term” of this Agreement shall continue in full force and effect until terminated by either Party, consistent with the provisions detailed in Section 11 (Periodic Review). This Agreement may be terminated by either the City or District, with onehundred eighty (180) day prior written notice to the other Party, provided, however, that no such termination shall affect or modify any rights, duties, or obligations of either Party arising from its acts or omissions prior to such termination.

5. GOVERNANCE, COORDINATION, AND REIMBURSEMENT OF COSTS Any and all persons using the Sports Fields and Facilities shall abide by all applicable state and federal laws and regulations as well as local City and District policies, administrative regulations, and applicable codes of conduct.

The City and District will meet on a quarterly basis, or as needed, to discuss and coordinate operations and scheduling the use of the Sports Fields and Facilities, and make any adjustments as necessary. To the extent possible, the District will provide the City with a schedule of all District-related events. The City will submit schedules for all City-related athletic activities and local non-profit sports leagues to the District. The District will work with the City to coordinate all City-affiliated athletic activities and local non-profit sports leagues before any other agency, organization, or sports/club league. The Sports Fields and Facilities will be available Monday through Saturday, with no activities scheduled on Sundays to allow fields to rejuvenate to the extent possible; activities may be scheduled on Sundays as agreed to by the District and City. After 4 p.m. Monday through Friday, at designated locations, the City will assume coordinating responsibility in scheduling City affiliated athletic activities and other City functions.

The District shall notify the City in advance of any additional events proposed for the District-owned Sports Fields and Facilities, which were not originally scheduled and conflict with a City or related use, as soon as practical. To the extent possible, such District events shall take priority over any other previously scheduled events.

The City shall notify the District of any additional events scheduled at City-owned Sports Fields and Facilities, not originally scheduled and that conflict with a District use, as soon as practical. To the extent possible, such City events shall take priority over any other previously scheduled events.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 4 Quarterly, the City and District will meet to review revenues and expenditures related to the costs outlined in this Agreement for the preceding three months. The City shall assume responsibility for the preparation of the invoice. Should the review of revenues and expenditures result in a balance owed to the City, the District will use its best effort to cause the City to be paid within thirty (30) days of receipt of the City’s invoice.

The quarterly invoice will not include agreed upon capital improvement projects; those payment arrangements will be handled as agreed to in writing by both Parties on a project-by-project basis. All records related to invoicing will be available for review and audit respectively.

6. INSURANCE
Each Party shall procure and maintain general liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons, and also to protect against loss from liability imposed by law for damages to any property. Such liability and property damage insurance shall be maintained in full force and effective throughout the term of the Agreement and any extension(s) thereof in an amount no less than three million dollars ($3,000,000) for liability and property.

Any deductibles or self-insured retentions must be declared.

Both Parties agree to exchange insurance documents annually.

7. COMMON FEE FOR SPORTS FIELDS AND FACILITY USE
City and District agree to develop and implement a common fee or set of fees that local non-profit sports leagues will be required to pay to help offset the ongoing maintenance costs, including water and electricity, associated with use of the Sports Fields and Facilities. The common fee will be established by the City and District based on a comparative analysis of field and facility costs in other nearby jurisdictions. This fee will be developed in accordance with all applicable rules and laws, including Proposition 218 and Proposition 26.

The City and District may consider individual agreements with local non-profit sports leagues, in lieu of the common fee, to facilitate mutually agreed improvements and ongoing maintenance to the Sports Fields and Facilities. Under such arrangements for locations pursuant to this Agreement, both the City and District will be parties to the agreement with the applicable non-profit sports league and/or entity using the Sports Fields and Facilities.

User fees for outside groups, not City-affiliated or a local non-profit sports league, for use of the Sports Fields and Facilities, will be determined by the City and District and be billed directly to the user group. The City and District agree to share the Sports Fields and Facilities at no additional charge to each Party unless otherwise noted in this Agreement.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 5 8. INDEMNIFICATION AND HOLD HARMLESS
The City shall defend, indemnify, and hold the District, its officers, employees, and agents harmless from and against any and all liability, loss, expense, attorneys’ fees, or claims from injury or damages, arising out of the City’s performance of the terms set forth in this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result of the negligent or intentional acts or omissions of the City, its officers, agents, or employees (for the avoidance of doubt, the City’s performance under this Agreement shall specifically include the City’s use of any District-owned Sports Fields and Facilities).

The District shall defend, indemnify, and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense, attorneys’ fees, or claims from injury or damages, arising out of the District’s performance of the terms set forth in this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result of the negligent or intentional acts or omissions of the District, its officers, agents, or employees (for the avoidance of doubt, the District’s performance under this Agreement shall include the District’s use of any City-owned Sports Fields and Facilities).

9. POLICIES AND PROCEDURES
The City and District shall share information for the use of the Sports Fields and Facilities which shall include, without limitation, the following: (a) the names, phone numbers, and e-mails of persons authorized by each Party to resolve operational issues relating to this Agreement, (b) the establishment of records regarding this Agreement, and (c) the dedicated administrative and operational personnel to effectuate the terms of this Agreement. Each Party agrees that after use of a sports field or facility, the Party that used such facility will clean the facility.

10. DISPUTE RESOLUTION
In the event of a dispute between the City and District with respect of the interpretation, implementation, and operation of this Agreement, the District Superintendent or its designee and the City Manager or its designee shall meet to attempt to resolve the dispute. Disputes concerning this Agreement, including but not limited to the interpretation, implementation, and operation of this Agreement, which have not been resolved between the Parties, including disputes involving money and liability, shall be referred to a non-binding mediation in accordance with the following procedure:

To initiate the mediation process, the Parties shall prepare a list of mediators and attempt to agree on one of the mediators on the list. If the Members cannot reach DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 6 agreement on one of the mediators on the list within ten (10) days, each shall nominate one mediator, and the two nominees shall jointly choose a mediator. The Parties shall meet with the mediator on at least three occasions within a thirty (30)- day period in an attempt to resolve the dispute. In the event the Parties are unable to resolve the dispute within thirty (30) days after the mediator is named, the process shall be deemed unsuccessful, subject to the ability of the Parties to extend the mediation period by mutual agreement. If the mediation is unsuccessful, then the Members may pursue arbitration in accordance with the rules of the American Arbitration Association.

11. PERIODIC REVIEW
The terms and performance of this Agreement shall be periodically reviewed as follows: (i) during the initial two (2) year pilot period (the “Initial Period”) commencing upon the Effective Date (as defined above) and prior to the expiration of the Initial Period, representatives of the District and the City shall informally confer to review the terms of this Agreement and shall have the option to propose amendments; and (ii) the terms and performance of this Agreement shall be informally reviewed by the District and the City every three (3) years after the expiration of the Initial Period with respect to any changes required to the terms or performance of this Agreement. This Agreement is a living document; representatives of the District and City may establish procedures to administer this Agreement from time to time for proposed amendments to any part of this Agreement or its addenda.

Amendments must be approved by both governing bodies and once approved shall be implemented within one-hundred eighty (180) days of approval.

12. NOTICES
Notices required or permitted to be given by a Party hereunder shall be sufficiently given if made in writing and delivered either personally or by certified mail, postage prepaid, to the other Party at the following address or to such other address as may be designated from time to time in a written notice given pursuant hereto by the concerned Party. A notice may be sent via email so long as the notice is also given in the manner set forth above. The Parties’ notice addresses are as follows:

CITY DISTRICT
City of Glendora Glendora Unified School District
City Manager’s Office Superintendent
116 E. Foothill Blvd. 500 North Loraine Ave
Glendora, CA 91741 Glendora, CA 91741
Email: [email protected] Email: [email protected] DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 7 13. MISCELLANEOUS
(a) SEVERABILITY
If any section, clause, or phrase of the Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a final decision of a court of competent jurisdiction, it shall be deemed severable and the remainder of the Agreement or the application of such provisions to any other Party or through other persons or circumstances shall not be affected thereby.
(b) NON-ASSIGNABILITY OF PARTICIPATING INTERESTS
The rights and duties of any Party to this Agreement shall not be assignable or transferable to any other party.
(c) SECTION HEADINGS
The section headings herein are for the convenience of the Parties only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions or language of this Agreement. (d) LAWS OF CALIFORNIA
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.. (e) COOPERATION
The Parties hereby agree to cooperate with each other in carrying out the purposes and objectives of this Agreement.
(f) SUCCESSORS
The Agreement shall be binding upon and shall ensure to the benefit of the successors of the Parties hereto.
(g) AUTHORITY.

The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute and deliver this Agreement on behalf of said Party, and the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 8 (h) COUNTERPARTS.

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. Each of the Parties intend to be bound by the signatures on the telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Agreement based on the form of signature. (i) 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 shall be entitled to reasonable attorneys’ fees incurred in such action or proceeding, in addition to any other relief which may be granted. Otherwise the Parties shall each be responsible for its own attorneys’ fees with respect to the terms of this Agreement. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK]
DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 9 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
DISTRICT:

Glendora Unified School District
Dominic J. DiGrazia, Ed. D.

Superintendent
Janette Walczak
Assistant Superintendent of Business Services/
Chief Business Official
DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 10 ATTACHMENT A – USE OF SPORTS FIELDS AND FACILITIES

1. This section is intended to include the use of fields and facilities at the following District and City sites:
a. Cullen Elementary School – sports fields
b. Glendora High School – tennis courts and Aquatics Center c. Goddard Middle School – sports fields, tennis courts, and gymnasium d. La Fetra Elementary School – sports fields
e. Sandburg Middle School – sports fields, gymnasium
f. Sellers Elementary School – sports fields
g. Stanton Elementary School – sports fields
h. Whitcomb High School – sports fields
i. Williams Educational Center – sports fields (will become available for use when a fence is installed to separate the main campus from the sports fields) j. Finkbiner Park – sports fields, bandshell, shade structure, and Scout Hut k. Pompei Park – sports fields
l. Teen Center – volleyball courts, basketball courts, meeting room

2. City would assume coordinating responsibility for the use of District sports fields and facilities included in this Agreement as it relates to the local non-profit sports leagues and City-affiliated athletic activities. The City will coordinate with the District on the availability of sports fields and facilities. District would retain coordinating responsibility for the Aquatics Center.

3. District-related activities and events will preempt all City-affiliated athletic activities and local non-profit sports leagues. The District will work with the City to schedule all other City-affiliated athletic activities and local non-profit sports leagues before any other agency, organization, or sports league.

4. The City will contribute to the maintenance costs of sports fields and facilities used to accommodate local non-profit sports leagues and City-affiliated athletic activities in a manner proportional to its use. Maintenance costs would mean landscaping, watering, lighting, and cleaning. City will install meters to track water use on all fields used by the local non-profit sports leagues and City-affiliated athletic activities. The District will install meters to track electricity use on all fields used by the local sports leagues.

To best understand the actual costs related to the maintenance of the sports fields, the City, as part of a two-year pilot program, will assume complete responsibility for the landscaping maintenance of all sports fields. In coordination with the District, the City will contract with a third party for this service and track all expenses. The City and District will meet on a quarterly basis to review these costs.

5. The District will be responsible for the maintenance and operation of the Aquatics Center.

The City will contribute to the maintenance of the Aquatics Center in a manner proportional to its use. Maintenance would mean those costs incurred for the operation of the facility while in use by the City. The City shall coordinate with the District for staffing, as DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 11 necessary, during the time when the facility is used for City-sponsored activities and events.

6. Should any other facility or sports field be needed, the District and City will work cooperatively to schedule and facilitate its use based on availability, including any necessary support. Such requests will be considered on a case-by-case basis.

7. The north side of Sandburg Middle School and Goddard Middle School will become accessible to the public beginning at 4 p.m. on school days and act as a public park, unless otherwise used with priority by the District. These areas will remain closed to public access until such time and will remain open until dusk unless otherwise approved by the City and District.

8. The tennis courts at Goddard Middle School will be open for public use from dawn to dusk, unless otherwise used with priority by the District.

9. The tennis courts at Glendora High School will become accessible to the public at 5 p.m. on school days, unless otherwise used with priority by the District. These courts will remain closed to public access until 5 p.m. and will remain open until dusk unless approved by the City and District.

10.The City and District will meet quarterly to discuss operations and scheduling of facilities, and make any adjustments as necessary.

11.The City and District agree to develop and implement a standard agreement for the local non-profit sports leagues that includes a code of conduct and outlines the minimum level of responsibility each local sports league must adhere to.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 12 ATTACHMENT B – SCHOOL RESOURCE OFFICER SERVICES AND GLENDORA

POLICE DEPARTMENT SUPPORT

1. The City agrees to provide the services of 1.6 full-time equivalent (FTE) sworn police officers to serve as the School Resource Officer (SRO) for the District. The allocation of staffing resources will be determined based on the operational needs of the Glendora Police Department subject to the review and approval of the Chief of Police.

2. The City shall supervise the activities of the SRO through the command structure of the Glendora Police Department (GPD).

3. District shall appoint a designated individual to interface with GPD regarding activities of the SRO and to interface with such officer in accordance with a joint operating protocol developed between GPD and the District. The designated individual will work with the SRO to create a mutually acceptable list of tasks, duties, and schedule for the SRO. The acceptable list of tasks, duties, schedule shall be approved by the Chief of Police for GPD. The District Superintendent and Chief of Police shall meet on a quarterly basis to adjust SRO activities as is needed.

4. At all times during the term of this Agreement, the SRO shall be an employee of the City, under the supervision and control of the City, not an employee or agent of the District, and the City shall assume responsibility for the activities of the SRO.

5. During the term of the Agreement, the District agrees to reimburse the City 50% of the actual cost incurred by the City in employing the SRO during an 10-month period each fiscal year. The District agrees to increase its reimbursement of actual costs to 75% over the next five years by five percent annually (2025: 55%; 2026: 60%; 2027: 65%; 2028: 70%; 2029: 75%). For the purpose of the Agreement, “actual cost” shall be defined as the SRO’s salary and benefits, including, but not limited to, health insurance, life insurance, dental insurance, vision insurance, pension, and the educational/special incentives.

6. The City shall, at its expense, provide the SRO with a vehicle and equipment necessary for performing the duties required of the SRO.

7. Services will normally be provided during the regular school year and during summer school sessions as needed. The SRO may be utilized for other duties, including but not limited to, daytime curfew enforcement, youth related crimes, outreach programs, enforcement, and other related duties when school is not in session or when the officer’s duties as SRO do not occupy the officer fully, based on the needs of the City.

8. If additional police services are needed to support any single District activity or event beyond normal SRO duties (i.e. Board meeting, football game, assembly), the District will submit a Request for Special Services to the GPD. In consultation with the District, the GPD will evaluate the request and determine the appropriate level of police services needed. The District will reimburse the City the actual cost of such request, as outlined in the Request for Special Police Services Application.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 13 9. If the District wishes to increase the number of FTEs for the SRO Program, the District shall submit such a request in writing to the City. The City will evaluate the request and prepare a plan that details the estimated cost of the request for the District’s consideration. The District will be responsible for all costs associated with the officers and necessary equipment, both one-time and ongoing. Any request to increase the number of FTE for the SRO Program will require a minimum five-year commitment of ongoing financial support from the District.

10.Should the District desire to contract with a vendor for security services for any District related activity, the District will consult with the City ahead of selecting the vendor to ensure adequate security services are provided. review and assess the proposed security plan to ensure a mutually beneficial outcome.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 14 ATTACHMENT C – CROSSING GUARD SERVICES

1. The City, through the Glendora Police Department, will administer the crossing guard program and contract with a qualified service provider for this service.

2. The City and District will meet annually to review the crossing guard program, to evaluate and discuss any potential changes to the program. Crossing guard services will be provided during a morning shift and an afternoon shift of each school day, with start and stop times determined by City and District staff.

3. There are currently 13 crossing guard locations serving the District. These include the following:
a. Live Oak / Leadora
b. Live Oak / Whitcomb
c. Sierra Madre / Live Oak
d. Sierra Madre / Northridge
e. Bennett / Grand
f. Bennett / Trayer (during construction)
g. Grand / Foothill
h. Bennett / Barranca
i. Bennett / East of Barranca
j. Sierra Madre / Lorraine
k. Leadora / Lorraine
l. Mauna Loa / Vecino
m. Amelia / Route 66

4. The City and District will equally share the total cost of the crossing guard program for crossing guard locations within the District.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 15 ATTACHMENT D – LIBRARY SERVICES

1. The City will provide the District with certain professional services related to the operation of the District’s school library services, as set forth below.

2. The services to be performed by the City involve strictly advising District Administration on the selection and ordering of library books, general consulting regarding school library services and activities, and participating with the District Library Technician meetings, not to exceed four during the fiscal year.

3. The City-assigned personnel for this Agreement shall have no direct or indirect supervisorial authority or responsibility relating to any District employees, officers, agents or volunteers.

4. All City personnel providing any of the services shall be selected at the discretion of the City and supervised by the Library Director.

5. City personnel providing the services under this Agreement shall at all times be under the City's exclusive direction and control.

6. The District shall pay the City by the hour for services provided based on the fully burdened compensation rate for a Senior Librarian. The actual hourly rate can be adjusted by the City at any time based on actual increases to the fully burdened compensation rate. The total not to exceed amount is three hours per quarter, unless there is prior written authorization from the Superintendent of the District to the Library Director. The Library Director may decline a proposed increase in hours based on staffing availability.

DocuSign Envelope ID: A15DFD35-50E2-4412-8F31-3DEF89669F14 Certificate Of Completion
Envelope Id: A15DFD3550E244128F313DEF89669F14 Status: Completed Subject: Complete with DocuSign: Master Joint Use Agreement - City and GUSD FINAL Source Envelope:

Document Pages: 15 Signatures: 6 Envelope Originator:

Certificate Pages: 6 Initials: 0 Kathleen Sessman
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
116 E Foothill Blvd
Glendora, CA 91741
[email protected]
IP Address: 173.196.201.130
Record Tracking
Status: Original
2/21/2024 10:55:30 AM
Holder: Kathleen Sessman
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Danny Aleshire
[email protected]
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Electronic Record and Signature Disclosure:

Accepted: 2/9/2023 10:45:54 AM
ID: 8f7b67a5-3822-4218-9d26-bc44a71d606a
Kyle Johnson
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
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Electronic Record and Signature Disclosure:

Accepted: 10/19/2021 1:19:54 PM
ID: 73b3fefc-a9d4-4105-90e2-ec245dc0baa8
Dominic J. DiGrazia, Ed. D.
[email protected]
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Electronic Record and Signature Disclosure:

Accepted: 2/23/2024 7:42:26 AM
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Janette Walczak
[email protected]
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Accepted: 2/23/2024 6:52:21 PM
ID: ff894734-403b-42fe-b717-836e8618aa9d
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Adam Raymond
[email protected]
City Manager
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Accepted: 2/26/2024 4:21:49 AM
ID: 8dd3e291-a416-42c8-a296-fcf0002811da
Kathleen R. Sessman
[email protected]
City of Glendora
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City Clerk Group
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Accepted: 7/13/2022 8:57:28 AM
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Moises Lopez
[email protected]
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Accepted: 1/19/2022 5:10:15 PM
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Tracy Cornelius
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CONSIDERATION OF A SECOND AMENDMENT TO THE ALL CITY MANAGEMENT SERVICES INC. AGREEMENT EXTENDING CROSSING GUARD SERVICES FOR AN

ADDITIONAL YEAR FOR A TOTAL
THREE-YEAR CONTRACT SUM NOT TO EXCEED $874,680

POLICE DEPARTMENT

CITY COUNCIL MEETING
JUNE 23, 2026

JULIE LINGER, BUSINESS SERVICES MANAGER

BACKGROUND
• On July 13, 2011, the City entered a contract
with All City Management Services (ACMS) to
provide crossing guard services.
• This contract was renewed and extended
several times.
• In 2024, a new agreement was signed for the
24/25 school year (July 1, 2024 – June 30,
2025), with the option of 4 additional oneyear extensions. • In 2025, the agreement was extended for the
25/26 school year.

SCOPE OF SERVICES
• ACMS hires, trains, schedules, and equips their employees. • All crossing guards have cleared a “Live Scan” criminal background check.
• ACMS provides daily supervision of crossing guards, including sick coverage.
• The contract provides 60-75 minutes of service in the mornings and afternoons, 180 days a year at 14 locations.

PRIOR PERFORMANCE
• Providing services to Glendora since original contract in 2011. • Extremely low number of complaints.
• There is no other company that provides equivalent services. • City satisfied with current services provided.

FISCAL IMPACT
• Cost of the one-year extension is $301,820.40.
• The Glendora Unified School District will equally share the cost of the crossing guard program for the 12 locations within the district ($258,703.20).
• This will offset the City’s cost by $129,351.60
• Included in the FY 2026-27 Adopted Mid-Cycle Budget

RECOMMENDATIONS
That the City Council:
• Approve Amendment No. 2 of the All City Management Services contract, extending services for one-year, for a total three-year contract sum not to exceed $874,680.
• Authorize the Police Chief to execute any necessary contingency in an amount not to exceed 5% of the amended contract amount.
• Authorize the City Manager to execute the agreement.

STAFF REPORT
TO: Mayor and Council Members DATE: June 23, 2026
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: First Amendment to the Amended and Restated Memorandum of Agreement for the Glendora People Movement Project

RECOMMENDATION
That the City Council:

1. Approve a First Amendment to the Amended and Restated Memorandum of Agreement for the Glendora People Movement Project between the City of Glendora and the San Gabriel Valley Council of Governments.

STRATEGIC FOCUS AREAS
Goal 4 - Sustainable Infrastructure

EXECUTIVE SUMMARY
The Glendora People Movement Project will deliver a connected network of active transportation improvements, urban trails, and first/last-mile improvements serving the Metro A Line station, Glendora Avenue, Foothill Boulevard, and the San Dimas, Little Dalton, and Big Dalton Wash corridors. In February 2025, the City Council approved an Amended and Restated Memorandum of Agreement (“MOA”) with the San Gabriel Valley Council of Governments (“SGVCOG”) to update the project scope and funding structure and to continue SGVCOG’s role in managing the design, construction, and funding administration for the project.

The proposed Amendment updates the Amended and Restated MOA to reflect several project and funding changes that have occurred since the 2025 approval. The amendment reallocates funds among project phases, incorporates additional funds secured by SGVCOG, removes $315,000 in Green Street Measure W funds from the City’s contribution because that funding source was determined not to be viable for this project, and transfers administration of certain City-secured grants and earmarks to SGVCOG, subject to any required funding-agency approvals.

The Amendment also clarifies the timing for the City to forward its programmed CIP and local return contributions to SGVCOG at the start of Fiscal Year 2026-27. The current total estimated project cost is $36,628,168. Secured funding totals $21,716,068, consisting of $11,810,000 in SGVCOG-administered funding and $9,906,068 in City contributions, including City-secured grant and earmark funds. Funding for the Big Dalton Wash Urban Trail has not yet been completely secured. The Amendment confirms that SGVCOG is not obligated to advertise, award, or proceed with construction until sufficient funding and all required funding approvals are in place.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Glendora People Movement Project initially consisted of two distinct elements: Urban Trails and First/Last-Mile improvements. Development of the Urban Trails System began in 2011, and approximately one mile of the San Dimas Wash Trail was completed in 2018. The remaining trail segments include improvements along the San Dimas Wash, Little Dalton Wash, and Big Dalton Wash corridors.

In 2018, the City, in partnership with the Los Angeles County Metropolitan Transportation Authority (“Metro”), began planning for access improvements to the Metro A Line Glendora Station. Over the past several years, staff has worked with residents, stakeholders, and regional partners to refine project concepts, complete demonstration projects, and identify funding opportunities.

In March 2021, staff presented the project to the City Council for approval to apply for a federal transportation earmark. In November 2021, staff presented an update to the City Council on the project and funding status.

On March 22, 2022, the City Council directed staff to proceed with final design and construction of first/last-mile improvements along Glendora Avenue, and completion of the San Dimas and Little Dalton Urban Trails.

On October 10, 2023, the City Council approved an MOA with SGVCOG to oversee the design, construction, and funding of the Glendora People Movement Project.

On February 25, 2025, the City Council approved the Amended and Restated MOA between the City and SGVCOG. The 2025 amendment replaced the original MOA, updated the project scope to include additional first/last-mile improvements along Foothill Boulevard and the Big Dalton Wash Trail, and updated the project funding structure.

DISCUSSION
In 2022, SGVCOG submitted a funding application to Metro for the East San Gabriel Valley Sustainable Multimodal Improvement Project (“SMIP”). The regional SMIP effort is intended to improve active transportation, first/last-mile connectivity, and multimodal access across the East San Gabriel Valley, including improvements in Glendora.

Through the existing partnership, SGVCOG serves as the project lead for procurement, project management, funding administration, and construction oversight, while the City remains an active partner and will assume ownership and maintenance responsibilities for City improvements upon completion.

The proposed Amendment does not create a new project. Rather, it updates the Amended and Restated MOA to better reflect the current project scope, funding commitments, grant administration responsibilities, and payment timing needed to continue advancing the project.

The Amendment documents the following changes:
• reallocates secured funds among the different project phases and components based on current project needs;
• incorporates additional funds procured by SGVCOG, including MSP Cycle 3 First/Last Mile subfunds and FY26 Congressionally Directed Spending funds;
• removes $315,000 in Green Street Measure W funds from the City’s contribution because those funds were determined not to be a viable funding source for this project; • transfers, subject to required funding-agency approvals, grant administration or direct-recipient responsibility from the City to SGVCOG for the Recreational Trails Program funds, federal earmarks, and State Budget Allocation funds;
• documents the City’s agreement to forward its programmed CIP and local return contributions to SGVCOG in accordance with the funding schedule in Exhibit B, including the anticipated transfer of approximately $2.8 million at the start of Fiscal Year 2026-27; and
• confirms that the project is not fully funded for construction and that SGVCOG has no obligation to advertise, award, issue notice to proceed, or incur construction costs unless sufficient funding is secured and all applicable funding approvals and reimbursement requirements are satisfied.

Exhibit A to the Amendment updates the project scope and schedule. The current scope includes the Glendora Avenue First/Last Mile Project, Foothill Boulevard First/Last Mile Project, Little Dalton Wash Project, San Dimas Wash Project, and, funding permitting, the Big Dalton Wash Project. The San Dimas Wash Project is ready to proceed into construction, with construction anticipated to begin in June 2026. The Glendora Avenue and Foothill Boulevard first/last-mile improvements are progressing from 60% to 90% design, with construction anticipated to begin in winter of Fiscal Year 2026-27. The Little Dalton Wash Project is in preliminary engineering, with construction anticipated in Fiscal Year 2028-29, based on the timing of programmed funds. The Big Dalton Wash Project remains subject to future funding availability.

Exhibit B to the Amendment updates the project funding allocation. The revised total estimated cost for the project is $36,628,168. Currently secured funding totals $21,716,068. SGVCOG’s revised funding commitment is $11,810,000, consisting of Measure M MSP Cycle 2 First/Last Mile subfunds, ATP Cycle 6 funds, MSP Cycle 3 First/Last Mile subfunds, and FY26 Congressionally Directed Spending funds. The City’s revised contribution is $9,906,068, which includes City local funds and City-secured grant, earmark, and allocation funds identified in Exhibit B.

The Amendment also includes $162,100 in additional consultant design services related to City-requested betterments for preparation work associated with the future relocation of the City marquee and traffic signal cabinet near Foothill Boulevard and Glendora Avenue. The amendment provides that the City will be responsible for one hundred percent of the engineering, construction, administration, and project management costs associated with City-requested betterments.

Approval of the Amendment will allow SGVCOG and the City to continue advancing the project under an updated agreement that reflects the current scope, funding plan, and grant administration approach. The amendment also helps clarify responsibilities before the City transfers its programmed local funding contribution and before additional construction commitments are made.

FISCAL IMPACT
The current total estimated cost for the Glendora People Movement Project is $36,628,168. Secured funding totals $21,716,068, which includes $11,810,000 administered by SGVCOG and $9,906,068 in City contributions. The City contribution includes City local funds and City-secured grant, earmark, and allocation funds identified in Exhibit B of the Amendment. The project is not fully funded for construction, additional funding will be required before construction for the Big Dalton Wash.

The Amendment removes $315,000 in Green Street Measure W funds from the City’s contribution. The City will forward its programmed CIP and local return contributions to SGVCOG in accordance with Exhibit B, including an anticipated transfer of approximately $2.8 million at the start of Fiscal Year 2026-27. The Amendment currently identifies $2,003,219.82 to be paid within thirty (30) calendar days of the effective date, consisting of $608,752.49 toward PS&E and $1,394,467.33 toward construction phase costs.

No supplemental appropriations are requested at this time.

ENVIRONMENTAL DETERMINATION
Approval of the Amendment is an administrative and funding action and does not, by itself, approve construction or result in a physical change to the environment. There are no CEQA impacts associated with the recommended action. Project-specific environmental review will continue to be completed, as required, prior to construction of individual project components.

Prepared By: Valerie Velasquez-Santoya, Assistant Public Works Director Concurs With: Not Applicable
Reviewed By: Moises Lopez, Interim Public Works Director Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Managerr
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_Proposed_Amendment_1_to_the_Amended_and_Restated_MOA_for_the_Glendora_People_Movement_Project.pdf B_Amended_and_Restated_MOA_2025.pdf
FTIP #: LATPM17M027, LATPM17M027A, LATPM17M027B & LATPM17M027C Memorandum of Agreement – Amendment No. 1
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FIRST AMENDMENT TO THE AMENDED AND RESTATED

MEMORANDUM OF AGREEMENT FOR THE

GLENDORA PEOPLE MOVEMENT PROJECT
This FIRST AMENDMENT to the Amended and Restated Memorandum of Agreement (“Amendment No. 1”) is made as of _______________, 2026 (“Effective Date”), by and between the CITY OF GLENDORA, a municipal corporation (“CITY”) and the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, a California joint powers authority (“SGVCOG”). CITY and SGVCOG are sometimes referred to hereinafter individually as a “Party” and collectively as the “PARTIES”.

RECITALS
A. WHEREAS, the PARTIES entered into that certain Memorandum of Agreement, dated October 26, 2023 (the “Original Agreement”) for completion of the East San Gabriel Valley Sustainable Multimodal Improvements Project (“SMIP”) Phase 1 in the CITY, including the Glendora People Movement Project; and
B. WHEREAS, the PARTIES subsequently entered into that certain Amended and Restated Memorandum of Agreement for the Glendora People Movement Project, dated February 14, 2025 (the “Amended and Restated Agreement”), which replaced the Original Agreement in its entirety and set forth the PARTIES’ respective responsibilities for the funding, design, environmental review, right-of-way acquisition, construction, ownership, and maintenance of the Glendora People Movement Project; and
C. WHEREAS, the PARTIES desire to enter into this Amendment No. 1 to revise the scope of work, funding allocation, payment timing, and grant administration provisions for the Glendora People Movement Project, as more specifically set forth in this Amendment No. 1 and Exhibits “A,” “B,” and “C” attached hereto; and
D. WHEREAS, the revised scope of work includes additional consultant design services in the amount of One Hundred Sixty-Two Thousand One Hundred Dollars ($162,100), as further described in Exhibit “C”; and
E. WHEREAS, the revised funding allocation reallocates funds among project phases, incorporates additional funds secured by SGVCOG, and removes Three Hundred Fifteen Thousand Dollars ($315,000) in Green Street Measure W funds from the CITY’s funding contribution; and
F. WHEREAS, SGVCOG’s revised funding commitment for the Glendora People Movement Project shall not exceed Eleven Million Eight Hundred Ten Thousand Dollars ($11,810,000), consisting of MSP Cycle 2 First/Last Mile subfunds, ATP Cycle 6 funds, MSP Cycle 3 First/Last Mile subfunds, and FY26 Congressionally Directed Spending earmark funds, as further set forth in Exhibit “B”; and
Docusign Envelope ID: C63AC70B-2A56-8D2B-82E3-7A59515241F4 FTIP #: LATPM17M027, LATPM17M027A, LATPM17M027B & LATPM17M027C Memorandum of Agreement – Amendment No. 1
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G. WHEREAS, the revised funding allocation also reflects the transfer, subject to any required funding-agency approvals, of administration, grant-management, or direct-recipient responsibility from the CITY to SGVCOG for certain City-secured funds, including One Million Dollars ($1,000,000) in federal Recreational Trails Program grant funds, Five Million Eight Hundred Fifty Thousand Dollars ($5,850,000) in Congressionally Directed Spending earmark funds, and One Million Five Hundred Thousand Dollars ($1,500,000) in State Budget Allocation funds; and
H. WHEREAS, the CITY’s revised funding contribution is Nine Million Nine Hundred Six Thousand Sixty-Eight Dollars ($9,906,068), as set forth in Exhibit “B,” which includes CITY local funds and City-secured grant, earmark, and allocation funds identified therein; and
I. WHEREAS, the PARTIES desire to clarify the timing and method for the CITY’s transfer of the CIP and local return portions of its funding contribution to SGVCOG, including the planned transfer of such funds at the start of Fiscal Year 2026-27, as further set forth in this Amendment No. 1 and Exhibit “B”; and
J. WHEREAS, the PARTIES acknowledge that the Glendora People Movement Project is
not fully funded for construction and that SGVCOG shall have no obligation to advertise, award, issue notice to proceed, or incur construction costs unless sufficient funding has been secured and all applicable funding approvals, obligations, authorizations, and reimbursement eligibility requirements are satisfied.

TERMS
Now, therefore, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the PARTIES hereby agree as follows:

1. Recitals. The Recitals set forth above are incorporated into and are a part of this Amendment No. 1.

2. Contract Changes. The Amended and Restated Agreement is amended as provided herein.

Deleted text is indicated in strikethrough and added text in bold italics. a. Exhibit A (Scope of Work) of the Amended and Restated Agreement is hereby amended to read in its entirety as follows:

See attached Exhibit A.
b. Exhibit B (Total Available Funds) of the Amended and Restated Agreement is hereby amended to read in its entirety as follows:

See attached Exhibit B.

Docusign Envelope ID: C63AC70B-2A56-8D2B-82E3-7A59515241F4 FTIP #: LATPM17M027, LATPM17M027A, LATPM17M027B & LATPM17M027C Memorandum of Agreement – Amendment No. 1
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c. Section II (SGVCOG Responsibilities) is hereby amended to add a subsection (26, 27 and 28), as follows:

26. SGVCOG’s funding obligation is limited strictly to available, authorized, programmed, and reimbursable Funding Sources. SGVCOG shall have no obligation to advance, advertise, award, or proceed with construction unless all required funding approvals, obligation deadlines, expenditure deadlines, and reimbursement conditions are satisfied.

SGVCOG shall have no obligation to fund cost overruns except to the extent caused by SGVCOG’s sole negligence or willful misconduct.

27. Funding Source Availability. SGVCOG’s obligations under this Agreement are expressly contingent upon the continued availability, authorization, obligation, reimbursement eligibility, and receipt of applicable federal, state, regional, and local funding sources. SGVCOG shall have no obligation to replace, backfill, advance, loan, or otherwise provide substitute funding for any funding source that is reduced, delayed, suspended, withdrawn, de-obligated, deemed ineligible, or otherwise becomes unavailable for any reason. In the event such funding becomes unavailable, the Parties shall meet and confer regarding potential scope reductions, alternative funding sources, or other appropriate actions.

28. Following CITY approval of the final Plans, Specifications, and Estimates (PS&E) and award of the construction contract, CITY shall not request modifications to the approved design except where necessary to address a public safety issue, legal requirement, regulatory requirement, or material error or omission in the approved plans.

Any CITY-requested modification after approval of the final PS&E shall be deemed a CITY Betterment regardless of whether such modification was originally identified as a Betterment. CITY shall be solely responsible for all costs associated with such modification, including but not limited to design, engineering, utility coordination, construction, construction management, inspection, schedule impacts, delay costs, administrative costs, and contingencies. SGVCOG shall have no obligation to implement such modification unless CITY provides funding for the full estimated cost in advance and SGVCOG determines that the modification will not materially impact Project delivery, grant compliance, or contractual obligations.