Agenda packet, study session, third session — La Verne City Council, November 20, 2023 (part 1 of 3)

November 20 City Council Meeting Agenda
AGENDA 11-20-23.PDF
November 20 City Council Meeting Agenda Packet
CITY COUNCIL AGENDA PACKET 2023-11-20.PDF
Agenda Item 11 -1941 White Avenue Plans
CITY COUNCIL AGENDA PACKET ITEM 11 2023-11-20.PDF

1. Documents:

1.I.

Documents:

1.I.i.

Documents:
_________________________________________________________________ Monday, November 20, 2023
The Study Session and Closed Session regularly scheduled to start at 5:30 p.m. will start at 6:00 p.m. for Closed Session only.

Regular City Council Meeting at 6:30 p.m.,
La Verne City Hall Council Chambers
3660 “D’ Street, La Verne, CA
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.

Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.

Individuals who wish to share their comment s with Council during the meeting ma y do so in a variety of ways:
• Attend the City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where you will be automatically redirected to the meeting. You will have the ability to watch the meeting in real time and raise your hand to request to comment as appropriate on the current agenda item(s). Once it is your turn to speak, you will be brought into the meeting and can turn your video on when called upon.

Call into the meeting via phone 1-669-900-6833 and enter ID: 818 8625 2531 when prompted.

Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.

Council Meeting Decorum: Per the City’s Rules for Decorum, all Speakers and Members of the Audience are to conduct themselves with decorum and not engage in willful conduct which interrupts the meeting or with the orderly conduct of the meeting.

AGENDA, La Verne City Council Study Session and Regular Meetings of November 20, 2023, Page 2 CLOSED SESSION – 6:00 p.m.

CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

CLOSED SESSION
The City Council will meet in a Closed Session for the following:

Consultation with Legal Counsel pursuant to California Government Code Section 54956.9. re: pending litigation, City of Camden, et al., v. 3M Company, et al., USDC Dist. of South Carolina, Charleston Division, No. 2:23-cv-03147-RMG.

Consultation with Legal Counsel pursuant to California Government Code Section 54956.9. re: pending litigation, City of Camden, et al., v. E.I. DuPont de Nemours and Company, et al., USDC, Dist. of South Carolina, Charleston Division, No. 2:23-cv-03230- RMG
Consultation with Legal Counsel pursuant to California Government Code Section 54956.9. re: pending litigation, City of Whittier, et al., v. Los Angeles County Superior Court, et al., LASC Case No. 23STCP03579.

The City Council will recess and reconvene at 6:30 p.m. for the regularly scheduled City Council meeting.

REGULAR CITY COUNCIL MEETING – 6:30 p.m.

PLEDGE OF ALLEGIANCE by Pete Serrano, Army Specialist (Purple Heart recipient) ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

PRESENTATIONS
NIAGARA PERK YOUR PARK announcement of the City’s Success in the Niagara Bottling Perk Your Park Campaign for Las Flores Park Improvements.

ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
AGENDA, La Verne City Council Study Session and Regular Meetings of November 20, 2023, Page 3

CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)

1. CITY COUNCIL MINUTES of the special meeting on October 30, 2023, and of the Study Session and regular City Council meetings of November 6, 2023.

RECOMMENDATION: That the City Council approve the minutes.

2. REGISTER OF AUDITED DEMANDS for the following:

Fiscal Year 2023-24 – In the amount of $ 1,496,939.29 dated October 25, 2023, and in the amount of $1,003,423.24 dated November 1, 2023.

RECOMMENDATION: That the City Councill approve the Register of Audited Demands.

3. APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL

VALLEY COUNCIL OF GOVERNMENTS REGARDING THE EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENTS PROJECT - The San Gabriel Valley Council of Governments (SGVCOG) established the East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) to partially or wholly fund a variety of projects proposed by seven East San Gabriel Valley cities, including La Verne. As a participant in the SMIP, $3 million will be set as ide for design and construction of the La Verne Pedestrian Bridge. Approval of the proposed Memorandum of Agreement (MOA) with the SGVCOG is required for participation.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Memorandum of Agreement with the San Gabriel Valley Council of Governments for the East San Gabriel Valley Sustainable Multimodal Improvement Project. Additionally, it is recommended the City Council authorize the City Manager to execute any documents or amendments related to this project.

4. RENEWAL OF FLOCK SAFETY AGREEMENT FOR AUTOMATED LICENSE PLATE READER TECHNOLOGY - On July 18, 2022, City Council provided the City Manager authority to enter into an annual agreement for two -years with Flock Group, Inc., ("Flock”). The contract total was $63,000 for year one and $56,000 for year two. As is common with such subscriptions, Flock has increased their annual subscription price. Flock has agreed to maintain our current contract price if the City renews the agreement with a five-year contract prior to the end of the calendar year.

RECOMMENDATION: That the City Council authorize the City Manager to enter into a five-year contract with Flock Group, Inc., in an annual amount of $56,000, not to exceed $280,000 over the five-year term.

5. RESOLUTION 23-80 APPROVING A CLASS SPECIFICATION FOR WATER UTILITY

WORKER I, WATER UTILITY WORKER II, WATER UTILITY WORKER III, LEAD WATER UTILITY WORKER, AND POLICE CORPORAL - As part of recent negotiations with the La Verne City Employees’ Association and the La Verne Police Officers’ Association, it was agreed to add and/or update new classification titles to accurately reflect position roles and responsibilities.

RECOMMENDATION: That the City Council adopt the attached Resolution titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, APPROVING A CLASS SPECIFICATION FOR

WATER UTILITY WORKER I, WATER UTILITY WORKER II, WATER UTILITY WORKER III, LEAD WATER UTILITY WORKER, AND POLICE CORPORAL.”
AGENDA, La Verne City Council Study Session and Regular Meetings of November 20, 2023, Page 4

6. RETAINER AGREEMENT REGARDING PER - AND POLYFLUOROALKYL SUBSTANCES (PFAS) LITIGATION - The City of La Verne has been notified that it is part of a class of water systems which have tested positive for per - and polyfluoroalkyl substances (PFAS). Two proposed settlements in multi -district litigation with manufacturers DuPoint and 3M are currently pending. In addition, there are approximately a dozen other manufacturers who are likely liable for potential PFAS contamination in water wells and groundwater. Staff is recommending retention of specialized counsel to assist with making claims in pending lawsuits and representing the City in potential litigation against others.

RECOMMENDATION: That the City Council authorize the City Manager to sign, and the Assistant City Clerk to attest, to a retainer agreement for SL Environmental Law Group PC (SL), the Law Office of Kevin Madonna PLLC (KM), Douglas and London, P.C. (D&L), Taft Stettinius & Hollister, LLP (Taft), and Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey P.A. (Levin Papantonio) in connection with pending and anticipated PFAS litigation.

7. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR CRISIS ASSISTANCE RESPONSE & ENGAGEMENT PROGRAM - This item seeks City Council authorization to amend the agreement for participation in the San Gabriel Valley Council of Governments (SGVCOG) Crisis Assistance Response & Engagement Program (SGV CARE) to co-respond to mental health crisis situations.

RECOMMENDATION: That the City Council authorize the City Manager to execute an amended service provider agreement with the San Gabriel Valley Council of Governments for participation in the Crisis Assistance Response & Engagement Program related to an Alternative Response Unit.

8. ADOPTION OF ORDINANCE NO. 1123 RELATIVE TO DOG WASTE - The City Council at its meeting on November 6, 2023, approved the first reading of Ordinance No. 1123, relative to curbing dog waste and setting forth penalties for violations.

RECOMMENDATION: That the City Council Ordinance No. 1123 titled, “AN

ORDINANCE OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING CHAPTER 6.16 OF THE MUNICIPAL CODE OF THE CITY OF LA VERNE RELATIVE TO DOG WASTE.”

9. NOMINATION FOR THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY - The City of La Verne has been a member of the San Gabriel Basin Water Quality Authority (WQA) since its establishment in 1993. Every two years, the City Council votes for a nominee who will represent cities without prescriptive water pumping rights. Rosemead Mayor Pro-Tem Margaret Clark currently serves as the alternate on the WQA B oard as the member representing cities without prescriptive water pumping rights and has previously been supported by the La Verne City Council during her last few elections to the WQA Board.

RECOMMENDATION: That the City Council adopt Resolution No. 23 -81, “A

RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, CASTING ITS VOTES FOR ROSEMEAD MAYOR

PRO TEM MARGARET CLARK TO REPRESENT CITIES WITHOUT PRESCRIPTIVE

PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY.”
AGENDA, La Verne City Council Study Session and Regular Meetings of November 20, 2023, Page 5

10. RESOLUTION 23-82 DIRECTING 2030 ELECTION BALLOT MEASURE FOR VOTER CONSIDERATION OF DIRECTLY ELECTED MAYOR - On November 6, 2023, the City Council provided unanimous direction to place on the November 20, 2023, agenda a resolution directing that an election ballot measure be placed on the 2030 General Municipal Election to establish a directly elected mayor.

RECOMMENDATION: That the City Council adopt Resolution 23 -82 titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, DIRECTING STAFF TO BRING FORWARD A

BALLOT MEASURE FOR THE SUBMISSION TO THE VOTERS OF A QUESTION

RELATING TO ESTABLISHING A DIRECTLY ELECTED MAYOR TO BE DETERMINED IN THE 2030 GENERAL MUNICIPAL ELECTION.”

OTHER MATTERS

11. INFORMATIONAL ITEM ON THE PROPOSED MIXED-USE PROJECT AT 1941 WHITE AVENUE - Novipax Buyer, LLC, has submitted applications for the proposed development of a five-story residential building which will provide a total of 367 dwelling units, a parking structure, and 1,540 square feet of commercial use located at 1941 White Avenue. The project is currently being reviewed by staff and an environmental consultant contracted by the City.

RECOMMENDATION: That the City Council receive and file this project update.

12. APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION AND AUTHORIZING EXECUTION BY THE CITY MANAGER - The Memorandum of Understanding (MOU) with the La Verne Police Officers’ Association (LVPOA) expired on June 30, 2023. Based on City Council direction and support of the terms, a tentative agreement has been reached and staff is now seeking formal approva l in an open meeting from the City Council to finalize the MOU.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 23 -83, titled, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE

OF CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION THROUGH JUNE 30, 2025;”

2. Authorize the City Manager to execute the Memorandum of Understanding with the La Verne Police Officers’ Association; and,

3. Appropriate $118,000 from the General Fund and appropriate a transfer of $118,000 from Measure LV to the General Fund for the Fiscal Year 2023/24 Budget.

AGENDA, La Verne City Council Study Session and Regular Meetings of November 20, 2023, Page 6

13. APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE CITY EMPLOYEES’ ASSOCIATION AND AUTHORIZING EXECUTION BY THE CITY MANAGER.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 23-84 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA, APPROVING AND AUTHORIZING THE

EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE AND THE LA VERNE CITY EMPLOYEES’
ASSOCIATION THROUGH JUNE 30, 2025;”

2. Authorize the City Manager to execute the Memorandum of Understanding with the La Verne City Employees’ Association;

3. Appropriate $99,722 from the General Fund as well as a transfer of $99,722 from Measure LV to the General Fund to the Fiscal Year 2023 - 24 Adopted Budget; and,

4. Appropriate $29,906 from the Water Fund, $11,870 from the Sewer Fund, and $3,774 from the Equipment Fund to Fiscal Year 2023 -24 Adopted Budget.

14. FULL-TIME SALARY SCHEDULE RESOLUTION NO. 23 -85 ADOPTING A

SALARY CHART FOR FULL-TIME EMPLOYEES, REPEALING RESOLUTION NO. 23 -46, AND AMENDING RESOLUTION NO. 23 -47 FOR PART -TIME EMPLOYEES - With the conclusion of negotiations for labor units, a new full - time employee resolution and amended part-time employee resolution and salary table are required to reflect the adjustments in compensation.

RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

ADOPTING A SALARY CHART FOR FULL -TIME EMPLOYEES, REPEALING RESOLUTION NO. 23 -46, AND AMENDING RESOLUTION NO. 23 -47 FOR PART-TIME EMPLOYEES.”
PUBLIC COMMENTS - This is the time set aside for anyone wishing to address the City Council on items within the jurisdiction of the City Council which are not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or placed for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. There is a 3-minute time limit on public comments.

AGENDA, La Verne City Council Study Session and Regular Meetings of November 20, 2023, Page 7 COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.

ADJOURNMENT
Happy Thanksgiving from the La Verne City Council!

THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, DECEMBER 4, 2023, at 6:30 P.M. WITH THE THE ANNUAL TREE LIGHTING CEREMONY AT 6:00 P.M.

Carolers & Santa Claus are expected to attend!

AGENDA, La Verne City Council Study Session and Regular Meetings of November 20, 2023, Page 8

RESIDENT INFORMATION

UPCOMING EVENTS AND MEETINGS
Thursday, November 23 - Closed for Thanksgiving Holiday Saturday, November 28 -Youth & Family Action Committee Meeting: 6:30 PM @ City Council Chamber
Friday, December 1 - Breakfast with Santa and Friends-Special Needs Event: 6:00 PM @ Community Center
Saturday, December 2 - Old Town La Verne’s Holiday Stroll: 3:00 PM @ Mainiero Square Monday, December 4 - City Hall Tree Lighting Ceremony 6:00 PM & Regular Council Meeting: 6:30 PM @ City Hall
Saturday, December 9 - Winter Wonderland 9:00 AM – 1:00 PM @ Heritage Park Wednesday, December 13 - Planning Commission Meeting: 6:30 PM @ City Council Chamber
Monday, December 18 - City Council Meeting: Study Session 5:30 PM & Regular Council Meeting 6:30 PM @ City Council Chamber
Monday, December 25 - Closed for Christmas Holiday
Tuesday, December 26 - Youth & Family Action Committee Meeting: 6:30 PM @ City
Council Chamber

Posting Statement: A true copy of this Agenda was posted on November 14, 2023, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.
1 City Council Agenda Packet, Monday, November 20, 2023 Agenda 2
Agenda Items

1. City Council Minutes 10

2. Register of Audited Demands 30

3. MOU San Gabriel Valley Council of Governments 38

4. Flock Safety Agreement – Automated License
Plate Reader 64

5. Class Specification Updates, Reso. 23-80 98

6. Retainer Agreement for PFAs Litigation 112

7. Service Provider Agreement Amendment with the
San Gabriel Valley Council of Governments 126

8. Second Reading Curbing Dog Waste, Ordinance
No. 1123 138

9. Nomination for the San Gabriel Basin Water
Quality Authority, Reso. 23-81 142

10. Directly Elected Mayor Ballot Measure, Reso. 23-
82 152

11. Mixed-Use Project at 1941 White Avenue 156

12. MOU with the La Verne Police Officer’s
Association 160

13. MOU with the La Verne City Employees’
Association 228

14. Full-Time and Part-Time Salary Schedule
updates, Reso. 23-85 302
_________________________________________________________________ Monday, November 20, 2023
The Study Session and Closed Session regularly scheduled to start at 5:30 p.m. will start at 6:00 p.m. for Closed Session only.

Individuals who wish to share their comments with Council during the meeting may do so in a variety of ways:
• Attend the
City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where you will be automatically redirected to the meeting. You will have the ability to watch the meeting in real time and raise your hand to request to comment as appropriate on the current agenda item(s). Once it is your turn to speak, you will be brought into the meeting and can turn your video on when called upon.

Call into the meeting via phone 1-669-900-6833 and enter ID: 818 8625 2531 when prompted.

Once items
are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.

Council Meeting Decor
um: Per the City’s Rules for Decorum, all Speakers and Members of the Audience are to conduct themselves with decorum and not engage in willful conduct which interrupts the meeting or with the orderly conduct of the meeting.

CITY OF LA VERNE

CITY COUNCIL AGENDA
Tim Hepburn, Mayor
Wendy Lau, Mayor Pro Tern
Rick Crosby, Council Member
Steven Frank Johnson, Council Member
Meshal "Kash" Kashifalghita, Council Member
www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street, La Verne, CA
CLOSED SESSION – 6:00 p.m.

CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

CLOSED SESSION
The City Council will meet in a Closed Session for the following:

The C
ity Council will recess and reconvene at 6:30 p.m. for the regularly scheduled City Council meeting.

REGULAR CITY COUNCIL MEETING – 6:30 p.m.

PRESENTATIONS

NIAGARA
PERK YOUR PARK announcement of the City’s Success in the Niagara Bottling Perk Your Park Campaign for Las Flores Park Improvements.

ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)

CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)

1. CI
TY COUNCIL MINUTES of the special meeting on October 30, 2023, and of the Study Session and regular City Council meetings of November 6, 2023.

RE
COMMENDATION: That the City Council approve the minutes.

2. RE
GISTER OF AUDITED DEMANDS for the following:

Fiscal Year 2023-24 – In the amount of $1,496,939.29 dated October 25, 2023, and in t
he amount of $1,003,423.24 dated November 1, 2023.

RECOMMENDATION: That the City Councill approve the Register of Audited Demands.

3. APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL

VALLEY COUNCIL OF GOVERNMENTS REGARDING THE EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENTS PROJECT - The San Gabriel Valley Council of Governments (SGVCOG) established the East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) to partially or wholly fund a variety of projects proposed by seven East San Gabriel Valley cities, including La Verne. As a participant in the SMIP, $3 million will be set aside for design and construction of the La Verne Pedestrian Bridge. Approval of the proposed Memorandum of Agreement (MOA) with the SGVCOG is required for participation.

4. RENEWAL OF FLOCK SAFETY AGREEMENT FOR AUTOMATED LICENSE PLATE READER TECHNOLOGY - On July 18, 2022, City Council provided the City Manager authority to enter into an annual agreement for two- years with Flock Group, Inc., ("Flock”). The contract total was $63,000 for year one and $56,000 for year two. As is common with such subscriptions, Flock has increased their annual subscription price. Flock has agreed to maintain our current contract price if the City renews the agreement with a five-year contract prior to the end of the calendar year.

5. RESOLUTION 23-80 APPROVING A CLASS SPECIFICATION FOR WATER UTILITY

RECOMMENDATION: That the City Council adopt the attached Resolution titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, APPROVING A CLASS SPECIFICATION FOR

WATER UTILITY WORKER I, WATER UTILITY WORKER II, WATER UTILITY WORKER III, LEAD WATER UTILITY WORKER, AND POLICE CORPORAL.”

6. RETAINER AGREEMENT REGARDING PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) LITIGATION - The City of La Verne has been notified that it is part of a class of water systems which have tested positive for per - and polyfluoroalkyl substances (PFAS). Two proposed settlements in multi -district litigation with manufacturers DuPoint and 3M are currently pending. In addition, there are approximately a dozen other manufacturers who are likely liable for potential PFAS contamination in water wells and groundwater. Staff is recommending retention of specialized counsel to assist with making claims in pending lawsuits and representing the City in potential litigation against others.

RECOMMENDATION: That the City Council authorize the City Manager to sign, and the Assistant City Clerk to attest, to a retainer agreement for SL Environmental Law Gr oup PC (SL), the Law Office of Kevin Madonna PLLC (KM), Douglas and London, P.C. (D&L), Taft Stettinius & Hollister, LLP (Taft), and Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey P.A. (Levin Papantonio) in connection with pending and anticipated PFAS litigation.

RECOMMENDATION: T hat the City Council Ordinance No. 1123 titled, “AN

ORDINANCE OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING CHAPTER 6.16 OF THE MUNICIPAL CODE OF THE CITY OF LA VERNE RELATIVE TO DOG WASTE.”

9. NOMINATION FOR THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY - The City of La Verne has been a member of the San Gabriel Basin Water Quality Authority (WQA) since its establishment in 1993. Every two years, the City Council votes for a nominee who will represent cities without prescriptive water pumping rights. Rosem ead Mayor Pro-Tem Margaret Clark currently serves as the alternate on the WQA Board as the member representing cities without prescriptive water pumping rights and has previously been supported by the La Verne City Council during her last few elections to the WQA Board.

RECOMMENDATION: T hat the City Council adopt Resolution No. 23 -81, “A

RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, CASTING ITS VOTES FOR ROSEMEAD MAYOR

PRO TEM MARGARET CLARK TO REPRESENT CITIES WITHOUT PRESCRIPTI VE

PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY.”

RECOMMENDATION: That the City Council adopt Resolution 23 -82 titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, DIRECTING STAFF TO BRING FORWARD A

BALLOT MEASURE FOR THE SUBMISSION TO THE VOTERS OF A QUESTION

RELATING TO ESTABLISHING A DIRECTLY ELECTED MAYOR TO BE DETERMINED IN THE 2030 GENERAL MUNICIPAL ELECTION.”

OTHER MATTERS

RECOMMENDATION: That the City Council receive and file this project update.

12. APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION A ND AUTHORIZING EXECUTION BY THE CITY MANAGER - The Memorandum of Understanding (MOU) with the La Verne Police Officers’ Association (LVPOA) expired on June 30, 2023. Based on City Council direction and support of the terms, a tentative agreement has been reached and staff is now seeking formal approval in an open meeting from the City Council to finalize the MOU.

RE
COMMENDATION: That the City Council:

1. Adopt Resolution No. 23- 83, titled, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE

OF CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION THROUGH JUNE 30, 2025;”

2. Authorize the City Manager to execute the Memorandum of Understanding with the La Verne Police Officers’ Association; and,

3. Appropriate $118,000 from the General Fund and appropriate a transfer of $118,000 from Measure LV to the General Fund for the Fiscal Year 2023/24 Budget.

13. APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE CITY EMPLOYEES’ ASSOCIATION AND AUTHORIZING EXECUTION BY THE CITY MANAGER.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 23-84 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA, APPROVING AND AUTHORIZING THE

EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE AND THE LA VERNE CITY EMPLOYEES’
ASSOCIATION THROUGH JUNE 30, 2025;”

2. Authorize the City Manager to execute the Memorandum of Understanding with the La Verne City Employees’ Association;

3. Appropriate $99,722 from the General Fund as well as a transfer of $99,722 from Measure LV to the General Fund to the Fiscal Year 2023- 24 Adopted Budget; and,

4. Appropriate $29,906 from the Water Fund, $11,870 from the Sewer Fund, and $3,774 from the Equipment Fund to Fiscal Year 2023- 24 Adopted Budget.

14. FULL-TIME SALARY SCHEDULE RESOLUTION NO. 23 -85 ADOPTING A

RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.

ADJOURNMENT
Happy Thanksgivi ng from the La Verne City Council!

THE NEXT REGUL

AR MEETING OF THE LA VERNE CITY COUNCIL IS
SCHEDULED FOR MONDAY, DECEMBER 4, 2023, at 6:30 P.M. WITH THE THE ANNUAL TREE LIGHTING CEREMONY AT 6:00 P.M.

Carolers & Santa Claus are expected to attend!

RESIDENT INFORMATION

UPCOMING EVENTS AND MEETINGS
Thursday, November 23 - Closed for Thanksgiving Holiday Saturday, November 28 -Youth & Family Action Committee Meeting: 6:30 PM @ City Council Chamber
Friday, December 1 - Breakfast with Santa and Friends-Special Needs Event: 6:00 PM @ Community Center
Saturday, December 2 - Old Town La Verne’s Holiday Stroll: 3:00 PM @ Mainiero Square Monday, December 4 - City Hall Tree Lighting Ceremony @ 6:00 PM, Regular Council Meeting at 6:30 PM @ City Council Chamber
Saturday, December 9 - Winter Wonderland 9:00 AM – 1:00 PM @ Heritage Park Wednesday, December 13 - Planning Commission Meeting: 6:30 PM @ City Council Chamber
Monday, December 18 - City Council Meeting: Study Session at 5:30 PM, Regular Council Meeting at 6:30 PM @ City Council Chamber
Monday, December 25 - Closed for Christmas Holiday
Tuesday, December 26 - Youth & Family Action Committee Meeting: 6:30 PM @ City Council Chamber

RESIDENT NOTIFICATIONS
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t: A true copy of this Agenda was posted on November 14, 2023 , on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.

MINUTES OF A SPECIAL MEETING

OF THE CITY COUNCIL OF THE CITY OF

LA VERNE
Monday, October 30, 2023
A special meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:30 p.m.

Mayor Hepburn welcomed everyone to the Council meeting in which Council conducts the business of the City, and he reminded everyone that per the City's Rules for Decorum, all speakers, members of the audience, and Council Members are to conduct themselves with decorum and to not engage in conduct that interrupts the orderly conduct of the meeting." Mayor Hepburn announced that the City of La Verne will not allow for public comment through Zoom until further notice. If someone wishes to provide public comment for a public meeting, please email your comments to [email protected] prior to the start of the meeting. Public comments will be accepted at the meeting by those physically in attendance at the appropriate time.

Council Present Mayor Tim Hepburn
Council Member Rick Crosby
Council Member Steven Frank Johnson
Council Member Meshal "Kash" Kashif alghita

Absent: Mayor Pro Tern Lau
Advisory personnel present City Manager Ken Domer
Assistant City Manager JR Ranells
Deputy City Attorney Rosemary Koo
Community Development Director Eric Scherer
Finance Director Christy Lopez
Pledge of Allegiance was led by Council Member Johnson.

PUBLIC FINANCING

AUTHOITY ENHANCED

INFRASTRUCTURE

FINANCING DISTRICT

DIISTRICT (EIFD)

INTERVIEWS

PUBLIC FINANCING AU THORITY ENHANCED INFRASTRUCTURE
FINANCING DIS TRICT (EIFD) INTERVIEWS - Currently there is one vacancy on the Public Financing Authority Enhanced Infrastructure Financing District Board (EIFD). The Board's primary purpose is to accelerate the financing of public improvements needed to attract the development that is envisioned within the City's Old Town La Verne Specific Plan and to complement the extension of the Gold Line.

The City Council met to interview applicants for the Public Financing Authority (EIFD) and Measure LV Citizen, as follows:

Richard Bowen, Wayne Hurley, and Zuhey Espinoza
Ricard Bowen was not present due to an error getting information out to him and Zuhey Espinoza was not present or available by zoom.

The City Council moved forwarded and interviewed Wayne Hurley. 10 City Council Agenda Packet, November 20, 2023
10 City Council Minutes, Special Meeting, October 30, 2023, Page 2.

MEASURE LV CITIZEN

OVERSIGHT

COMMITTEES'

INTERVIEWS

PUBLIC FINANCING

AUTHOITY ENHANCED

INFRASTRUCTURE

FINANCING DISTRICT

DIISTRICT (EIFD)

APPOINTMENT

MEASURE LV CITIZEN

OVERSIGHT

COMMITTEES '

APPOINTMENT

PUBLIC COMMENT
Mayor Hepburn called for public comment on this matter.

Danita Beauchamp, La Verne resident, disputed the application submitted by Zuhey Espinoza. She stated there was several discrepancies on her application.

City Manager Domer explained thatthe committee application has been updated to allow fora business address as it did not provide for that when Ms. Espinoza submitted her initial application.

MEASURE LV CITIZEN OVERSIGHTCOMMITTEES ' INTERVIEWS
Currently, there is one vacancy on Measure LV Citizen Oversight Committee. The Committee ensures that revenues from Measure LV are spent in accordance with the approved spending guidelines.

The City Council interviewed applicants Danita Beauchamp and Andrew D'Amico for the Measure LV Citizen Oversight Committee.

Mayor Hepburn called for public comment on this matter.

There was none.

The City Council thanked all the applicants for their participation.

The City Council discussed the appointment to the Public Financing Authority Enhanced Infrastructure Financing District (EIFD).

It was moved by Johnson, seconded by Crosby , and carried by a vote of 4-0 to continue the appointment to the Public Financing Authority Enhanced Infrastructure Financing District (EIFD) to Monday, November 6, 2023, to allow all applicants to be present.

City Council discussed the appointment to Measure LV Citizen Oversight Committee.

Mayor Hepburn called for public comment on this matter.

There was none.

It was moved by Johnson, seconded by Crosby, and unanimously carried to appoint Dantia Beauchamp to Measure LV Citizen Committee.

Wayne Hurley, La Verne resident, and applicant asked that when he returns to be re-interviewed will he be able to summarize his answers. 11 City Council Agenda Packet, November 20, 2023
11 City Council Minutes, Special Meeting, October 30, 2023, Page 3.

COUNCIL COMMENTS City Counci l congratulated Danita Beauchamp for her appointment to the Measure LV Citizen Committee. They thanked all the applicants for their participation. They also thanked Wayne Hurley for understanding continuing the Public Financing Authority Enhanced Infrastructure Financing District interviews and appointment.

At 7:14 p.m., City Council recessed to meet in closed session for the following:

CLOSED SESSION
Adjournment at 8: 10 p.m.

Respectfully submitted,
Lupe Gaeta Estrella, CMC
Assistant City Clerk
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:

Negotiators: City Manager, Assistant City Manager ,
and Assistant City Attorney.

Employee Organization(s): La Verne Police Officers' Association 12 City Council Agenda Packet, November 20, 2023
12 MINUTES OF A STUDY SESSION ON

SOCIAL MEDIA AND COMMUN ICATIONS AND

THE REGULAR MEETING

OF THE LA VERNE CITY COUNCIL
Monday,November6,2023
A Study Session on Social Media and Communications was called to order by Mayor Hepburn at 5:30 p.m.

Council Members present:

Absent:

Staff present:

STUDY SESSION ON

SOCIAL MEDIA ANO

COMMUNICATIONS
Mayor Tim Hepburn
Mayor Pro Tern Wendy Lau
Council Member Rick Crosby
Council Member Steven Frank Johnson
Council Member Meshal "Kash" Kashifalghita
None.

City Manager Ken Domer
Assistant City Manager JR Ranells
Yvonne Duran, Community Services Director
Erin Beilstein, Management Analyst
Hollie Savage, Police Community Services Supervisor
Lonnie Shipman , Fire Community Risk Reduction Specialist Social Media and Communication Team members Management Analyst Beilstein, Community Services Director Duran, Police Community Services Supervisor Savage and Fire Community Risk Reduction Specialist Shipman reported on their collective social media and communication efforts by using differing social media platforms in promoting the City and getting out information about the City and City events and incidents relevant along with a presentation .

Mayor Hepburn called for public comment on the social media and communications study session.

Lily Brainard, La Vere resident, was pleased with the presentation and the work by the Social Media and Communications Team and that they keep up the good work .

The City Council thanked the members of the Social Media and Communication Team for the great job they are doing promoting the City and getting out information to the Community .
13 City Council Agenda Packet, November 20, 2023
13 City Council Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6, 2023, Page 2.

The City Council recessed at 6:09 p.m., reconvened at 6:31 p.m. to the regularly scheduled City Council meeting .

A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:3 1 p.m.

Before the start of the meeting, Mayor Hepburn welcomed the audience to the Council Meeting in which City business is conducted. He reminded everyone that per the City's Rules for Decorum, all speakers , members of the audience, and Council Members are to conduct themselves with decorum and to not engage in conduct that interrupts the orderly conduct of the meeting . Also, he communicated that the City of La Verne will not allow for public comment through Zoom until further notice. If you wish to provide public comment for a public meeting, please email your comments to [email protected] prior to the start of the meeting. Public comments will be accepted at the meeting by those physically in attendance at the appropriate time.

Council Members Present
Staff Present
Mayor Tim Hepburn
Mayor Pro Tern Wendy Lau
Council Member Rick Crosby
Council Member Steven Frank Johnson
Council Member Meshal "Kash" Kashifalghita
City Manager Ken Domer
Assistant City Manager JR Rannells
City Attorney Kimberly Hall Barlow
Assistant City Clerk Lupe Gaeta Estrella
Community Development Director Eric Scherer
Public Works Director Meg McWade
Finance Director Christy Lopez
Community Services Director Yvonne Duran
City Engineer Cody Howing
Pledge of Allegiance led by Daniel Lopez, Air Force, Sergeant.

Mayor Hepburn, on behalf of the City Counci l, presented to Daniel Lopez, Air Force, Sergeant , a Pride of La Verne Certificate of Recognition thanking him for his service to our country .

PRESE NTATIONS
Recognition of Bonita Unified
School District Grace Miller
Elementary School for being
Named the 2023 National
Blue Ribbon School for
Academic Excellence .

ANNOUNCEMENTS
Mayor Hepburn , on behalf of the City Council , called up Grace Miller Principal Leslie Sandoval , Bonita Unified Scholl District Superintendent Matt Wien , Board Member Jim Elliot, and other Grace Miller staff members . He presented Grace Miller Principal Miller with a Pride of La Verne certificate recognizing Grace Miller Elementary School for receiving the 2023 National Blue Ribbon School for academic excellence .

Sherry Best, President of the La Verne Historical Society announced there will be a tour at the University of La Verne visiting locations rumored to be haunted .
14 City Council Agenda Packet, November 20, 2023
14 City Council Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6, 2023, Page 3.

CONSENT CALENDAR
City Council Minutes
La Verne resident, announced that Hillcrest Homes is opening their annual Holiday Arts and Crafts store in December.

Wayne Hurley, La Verne Chamber of Commerce urged residents to Shop small and shop La Verne this holiday season.

City Attorney Hall Barlow communicated there is closed session item that needs to be added. She reported that the item came up after the posting of the Agenda .

It was moved by Johnson, seconded by Crosby, and unanimously carried to add the closed session item as follows.

Consultation with Legal Counsel pursuant to California Government Code Section 54956.9 . re: pending litigation, City of Camden, et al., v. 3M Company, et al., No. 2:23-cv-03 147-RMG.

It was moved by Lau seconded by Crosby and unanimously carried to approve the Consent Calendar.

City Council Minutes of the study session and regular City Council meeting of October 16, 2023.

RECOMMENDATION : That the City Council approve the minutes.

Approved .

City of La Verne Treasurer's
Report for Quarter Ending
September 30, 2023
Fiscal Year 2023-24 - In the amount of $409,006.79 dated October 4, 2023, and in the amount of $2,149,381.55, dated October 12, 2023, in the amount of $799,749.25 dated October 18, 2023.

RECOMMENDATION : That the City Council approve the Register of Audited Demands. Approved .

CITY OF LA VERNE TREASURER'S REPORT FOR QUARTER
ENDING SEPTEMBER 30, 2023 - The Treasurer's Report for Quarter ending September 30, 2023, is submitted for City Council to receive and file per City of La Verne Administrative Regulation Number 215, the Statement of Investment Policy, and the State of California's Government Code (GC) Section 53646.

RECOMMENTATION : That the City Council receive and file the Treasurer's Report for the Quarter ending September 30, 2023.

Received and Filed.
15 City Council Agenda Packet, November 20, 2023
15 City Council Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6, 2023, Page 4.

Development Impact Fee
Report for Fiscal Year
Ending June 30, 2023
Dispatch Services
Memorandum of
Understanding (MOU) with
City of Monrovia
Resolution No. 23-75,
Authorizing a Memorandum
of Understanding (MOU)
with the City of Monrovia to
Facilitate the Sharing of
Dispatch Personnel for
Dispatch Staffing
Public Financing Authority
Enhanced Infrastructure
Financing District (EIFD)
Interviews and Appointment

DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR
ENDING JUNE 30, 2023 - Government Code Section 66006 mandates the annual disclosure of development impact fees collected by the City, related interest income earned, expenditures paid, and the beginning and ending fund balance as of June 30. This report complies with State legislative requirements for Fiscal Year 2023.

RECOMMENDATION: That the City Council receive, file, and make available to the public, the Development Impact Fee Report for the fiscal year ending June 30, 2023, pursuant to Government Code section 66006. Received and Filed.
\

DISPATCH SERVICES MEMORANDUM OF UNDERSTANDING
(MOU) WITH CITY OF MONROVIA - A Memorandum of
Understanding (MOU) between the City and the City of Monrovia for sharing of dispatch personnel is proposed to assist with current dispatch staffing understaffing . The term of the agreement is through December 31 , 2023, and upon mutual agreement it may be extended for two additional one-year terms.

RECOMMENDATION: That the City Council approve Resolution No. 23-75, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA VERNE, COUNTY OF LOS ANGELES , STATE OF

CALIFORNIA , AUTHORIZING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF LA VERNE AND

THE CITY OF MONROVIA TO FACILITATE THE SHARING OF
DISPATCH PERSONNEL FOR DISPATCH STAFFING ," and
authorize the City Manager to execute the agreement.

Mayor Pro Tern Lau recused herself from participating in the interviews and appointment to Public Financing Authority Enhanced Infrastructure Financing District (EIFD) because she is on the University of La Verne Board of Trustees and she left the Council Chambers.

The City Council interviewed the following applicants for the Public Financing Authority (EIFD), as follows:

Richard Bowen, Wayne Hurley, and Zuhey Espinoza
Mayor Hepburn called for public comment on this matter.

The following La Verne residents felt that the person to serve on the Public Financing Authority ( EIFD) should be a La Verne resident.

Robin Carder
Joseph Gabaldon
Pam Berry
Danita Beauchamp
Lilly Huang and she was in support of Richard Bowen to be appointed . 16 City Council Agenda Packet, November 20, 2023
16 City Council Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6, 2023, Page 5.

OTHER MATTERS
Adding Ballot Measure to
Establish Elections by
Districts with a Directly
Elected Mayor to the March

5.2024, La Verne General
Municipal Election
The City received three (3) emails pertaining to this matter and they are attached.

It was moved by Hepburn to appoint Richard Bowen. Motion failed for a lack of a second.

It was moved by Crosby, seconded by Kashifalghita, and carried by a vote of 4-0 (Lau Recused) to appoint Wayne Hurley to the Public Financing Authority Enhanced Infrastructure Financing District (EIFD).

Mayor Hepburn, on behalf of the City Council, thanked all the applicants for their participation and their willingness to serve the Community.

City Manager Domer reported that on February 6, 2023, the City Council voted 3-2 to direct the City Attorney to prepare and bring forward a ballot measure to allow the City's voters to determine whether they would like to reinstate a directly elected mayor which the City previously had in place prior to the adoption of a by-district voting in 2021. If approved, the first election with a directly elected mayor would be in the year 2032.

City Attorney Hall Barlow reported on the process to place a ballot measure on the General Municipal Election to be held on March 5, 2024. She reported on the resolutions she prepared. She asked if Council preferred a 2-or 4-year term for the directly elected Mayor.

Council agreed on a 4-year term for the directly elected Mayor.

Mayor Hepburn called for public comment on this matter.

The following La Verne residents did not support placing the ballot measure on the 2024 ballot. They felt it was too premature, and it should be done after the 2030 census. Also, they were concerned with cost.

Robin Carder
Barbara Smythe
Sherry Best
Joseph Gabaldon
Kathy Kalousek
Stephen Waird
The following La Verne resident did support placing the ballot measure on the 2024 ballot.

Danita Beauchamp
17 City Council Agenda Packet, November 20, 2023
17 City Council Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6, 2023, Page 6.

Resolution No. 23-76,
Calling for the holding of a
General Municipal Election
to be held on March 5, 2024,
for the Submission to Voters
a Question Relating to
Establishing a Directly
Elected Mayor
Resolution No. 23-77,
Requesting Los Angeles
County Board of Supervisors
to Consolidate the City's
General Municipal Election
with the Statewide Primary
Election to be Held on March
5, 2024.

Resolution No. 23-78,
Setting Priorities for filing
Written Arguments
Regarding a City Measure
and Directing the City
Attorney to Prepare an
Impartial Analysis
Resolution No. 23-79,
Providing for the filing of
Rebuttal Arguments for the
City Measure submitted at
Municipal Elections
The City received five (5) emails pertaining to this matter and they are attached.

The City Council discussed adding a ballot measure to the March 5, 2024, General Municipal Election, the cost of the election and merits of waiting until after 2030 census to add it to the 2032 election or placing the ballot to the 2024 election.

It was moved by Johnson, second by Hepburn to approve Resolutions No. 23-76, 23-77, 23-78 & 23-79, to add the ballot measure to the March 5, 2024, General Municipal Election. Failed by a vote of 2/3. (Crosby, Lau, and Kashifalghita voted no).

Resoiutjon No, 23-76 • A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LA VERNE, COUNTY OF LOS ANGELES , STATE OF

CALIFORNIA , CALLING FOR THE HOLDING OF A GENERAL
MUNICIPA L ELECTION TO BE HELD ON TUESDAY , MARCH 5,
2024, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION

RELATING TO ESTABLISHING A DIRECTLY ELECTED MAYOR
AND FOUR DISTRICTS FOR ELECTION OF OFFICERS.

NOT APPROVED .

Resoiutjon No, 23-77 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA , REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF

LA VERNE'S GENERAL MUNICIPAL ELECTION WITH THE

STATEWIDE PRIMARY ELECTION TO BE HELD TUESDAY , MARCH
5, 2024, PURSUANT TO SECTION 10403 OF THE CALIFORN IA

ELECTIONS CODE AND TO RENDER SPECIFIED SERVICES TO

THE CITY RELATING TO THE CONDUCT OF A GENERAL
MUNICIPAL ELECTION . NOT APPROVED .

Resoiutjon No, 23-78 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LA VERNE , COUNTY OF LOS ANGELES , STATE OF

CALIFORN IA, SETTING PRIORITIES FOR FILING WRITTEN

ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

NOT APPROVED .

Resoiutjon No, 23-79 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LA VERNE , COUNTY OF LOS ANGELES , STATE OF

CALIFORNIA , PROVIDING FOR THE FILING OF REBUTTAL

ARGUM ENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL
ELECTIONS. NOT APPROVED .

It was moved by Crosby , seconded by Lau, and unanimously carried to direct staff to bring back a resolution which would require a future City Council to place a ballot measure after the 2030 census for the 2032 election.
18 City Council Agenda Packet, November 20, 2023
18 City Counci l Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6, 2023, Page 7.

Contract Professional
Services Agreement for
Information Technology
Staffing and Chief
Information Services
Ordinance No. 1123,
Curbing Dog Waste

PUBLIC COMMENT
Assistant City Manager Ranells reported on the Professional Services Agreement for Information Technology Staffing and Chief Information Services. He stated that in compliance with the City of La Verne's Purchasing Policy as contained in Administrative Regulation 204, City Council approval was requested to enter a Professional Services Agreement for up to five-years with SDI Presence LLC for information technology staffing and Chief Information Officer services.

Mayor Hepburn called for public on this matter.

La Verne resident , stated he has 32 years of experience in cyber security, and computers and he is happy to offer his services to the City.

It was moved by Crosby, seconded by Kashifalghita, and unanimously carried to authorize the City Manager to execute an agreement with SDI Presence for Information Technology Staffing and Chief Information Officer Services
City Manager Domer reported on the proposed first reading of Ordinance No. 1123, amending the La Verne Municipal Code pertaining to curbing dog waste in the City of La Verne. Currently, the La Verne Municipal Code Title 6 ANIMALS , does not include a section pertaining to curbing dog waste. To maintain quality of life and sanitary public spaces, the proposed ordinance authorizes the regulation of dog waste and implements penalties for violations.

Mayor Hepburn called for public comment on this matter.

Danita Beauchamp , La Verne resident, asked about the processing of the citations.

Yvonne Gallegos , La Verne resident, noted that many residents walk their dogs at Las Flores Park.

It was moved by Lau, seconded by Johnson, and unanimously carried to introduce by title only, waive further reading and place on first reading Ordinance No. 1123, entitled, " AN ORDINANCE OF THE CITY

COUNCIL, CITY OF LAVERNE , COUNTY OF LOS ANGELES , STATE OF CALIFORNIA , AMENDING CHAPTER 6.16 OF THE MUNICIPAL
CODE OF THE CITY OF LA VERNE RELATIVE TO DOG WASTE.

This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda . (Below are only partial public comments, please visit the City's website to view the archived Council meeting.)
19 City Council Agenda Packet, November 20, 2023
19 City Council Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6. 2023, Page 8.

COUNCIL COMMENTS
Mayor Hepburn called for public comment on items not listed on the Agenda.

Wayne Perry, La Verne resident, suggested that Council meetings be videoed with a split screen, so residents can see the speaker and the City Council at the same time.

Amjad Khan, La Verne resident, expressed his concern about the lsrael-Hamas crisis in the middle east and the diversity of his neighborhood. (Email sent by Mr. Khan attached).

Danita Beauchamp , La Verne resident, reported the Huntington Beach lawsuit pertaining to the Regional Housing Needs Allocation (RHNA).

Craig Chao, warned the City of Assembly Bill No. 1033, pertaining to Accessory Dwelling Units (ADU) and the current state of electrical grids.

Lilly Huang, La Verne resident, was disappointed with the vote on the ballot measure and spoke about the importance of voting.

Joseph Gabaldon , La Verne resident, thanked the La Verne Police Officers and La Verne Firefighters Associations for their donation to Meals on Wheels.

Gary Hunter, La Verne resident, asked when clean up of the house fire on Baseline will be completed.

Yvonne Gallegos , La Verne resident, thanked Mr. Amjad Kaan for comments and the diversity in his neighborhood and his support.

Stephen Warid, La Verne resident, asked the City Council to reconsider removing the ban on zoom comments.

Below are only partial Council comments, please visit the City's website to view the archived Council meeting .

Mayor Pro Tern Lau reported on attending ''Coffee with a Cop", Tri-City Mental Health meeting , and the Public Safety Facility Open House.

Council Member Crosby thanked the Community Services Department for the Halloween Events held in October. He thanked the La Verne Police for keeping the community safe on Halloween, and he also thanked the La Verne Fire Department for having an ambulance on stand-by at the Bonita High Football Team. He wished everyone a happy Veterans Day.

Council Member Kashifalghita thanked the veterans for their service.

He reported on the upcoming Cruisin Holiday La Verne Car Show. 20 City Council Agenda Packet, November 20, 2023
20 City Council Minutes on Study Session of Social Media/Communications and Regular Meeting held on Monday, November 6, 2023, Page 9.

CLOSED SESSION
Adjournment at 10:00 p.m.

Respectfully submitted ,
Lupe Gaeta Estrella
Assistan t City Clerk
Council Member Johnson, informed the residents to watch out for a mailing from the City pertaining to Christmas morning .

Mayor Hepburn reported on Bonita High School Varsity Wate r Polo recent win. He reminded residents to shop small, shop La Verne.

At 9:22 p.m., the City Council recessed to Closed Session.

The City Council met in a Closed Session for the following:

Consultation with Legal Counsel pursuant to California
Government Code Section 54956.9. re: pending litigation, City of Camden , et al., v. 3M Company, et al., No. 2:23-cv-03147-RMG Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9{a) (4 cases)
Guerrero, David et al v. City of La Verne, Los Angeles Superior Court Case No. 21STCV31130 .

Smith, Justin v. City of La Verne, La Verne Police Department & Police Officer Addiel Julian, US District Court, Civil Case No.2:23-cv-00644- JAK-E .

Wheeler , Jack B. v. City of La Verne, Los Angeles Superior Court Case No. 22PSCV02686 .

Groundwater seepage/flooding - Claims for damages received (9/29 thru 10/11)
21 City Council Agenda Packet, November 20, 2023
21 Lupe Estrella
From:

Sent:

To:

Subject:

Kathy Newlon <[email protected]>
Sunday, November 5, 2023 6:52 PM
Lupe Estrella; Ken Dorner; Tim Hepburn; Rick Crosby; Meshal kash; Steve Johnson; Wendy Lau
EIFD Committee applicants
I am writing this e-mail to give my support for the EIFD Committee applicant, Richard Bowen.

Mr. Bowen is a long time resident of La Verne and stays well informed with the City issues.

As a resident I would feel better represented by an applicant who resides in La Verne.

I see that we now have 3 applicants for this position.

I was very disturbed at the first applicant having false information as an address. It was not a residence, but their employment address.

Transparency is of utmost importance when representing our residents.

Please consider my vote of confidence for applicant Ricard Bowen.

Thank you,
Kathleen Newlon
14 year Resident
[email protected]
Sent from my iPad
This email has been scanned for spam and viruses by Proofpoint Essentials. Visit the following link to report this email as spam:
https:// us2. proofpointesse ntia ls.com/i ndex0l. ph p ?mod_ idltl& mod_ o ptio n=gitern&repo rt=type ?sys pa rn& k=&payloadS6 16c7465645f5fc670e638bb972ae494b339c4000a9c06fe43d6falaelde2cf92e8eee65a38a50a980e0712b544d05bbdeafd f10464ca43aab15fad41defb028872d344048d493cbc4ddaddafbee0f2a345b128f726157ef6d665cde3fb0fa7b7edbafb9c6 d9b1975b84b38d8d04e7cec4fe4516908ed2bfbf96cdfb25e222d50fa7655154e27c5374253elebb124e735ab3ba4077a96 180e393bbe087f402
1 22
City Council Agenda Packet, November 20, 2023
22 Lupe Estrella
From:

Sent:

To:

Subject:
keith j ones < kj [email protected]>
Monday, November 6, 2023 12:02 PM
cityclerk
Agenda item #6 for this evenings city council meeting
~ IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender E.J [email protected]
Good Morning,
I am writing with regard to item #6 on tonight 's agenda, the Enhanced Infrastructure Financing District (EIFD), with hope that this email can be read aloud during the public comment portion for this agenda item, or at the very least provided to each voti ng member of the council and the city attorney prior to any vote being taken on the matter.

It has come to my attention that one of the applicants under consideration for this position has apparently prov ided false information on the city application with regard to her residence. In the section of the city application that asks for a residence address, Ms. Espinoza wrote "1950 Third Street , La Verne, CA 91750. " The next question , " How long have you lived in La Verne?" She wrote, "1.5 years." She listed her email address as a University of La Verne email address and we all know that the address of the University of La Verne is 1950 Third St. On her application, Ms. Espinoza stated she currently works for the University of La Verne, so unless Ms. Espinoza lives at her place of employment , she has provided false information on her city application . A simple Google search for Zuhey Espinoza reveals just one person living in the genera l area, and tha t Zuhey Espinoza lives in the Highland Park area of Los Angeles. A call to the ULV Housing Department confi rmed that no staff live on campus.

Anyone who intentionally lies on a city application submitted in request for a city position, paid or not, should be immediately disqualified , and it shouldn't take someone like me to point that out to t he city council. The position in question deals with public financing, and anyone appointed to a position having anything to do with finance must be above reproach and of the highest ethical and moral character . Lying on the application in order to make it appear as though you live in the city when in fact you do not demonstrates a significant flaw in said character.

The agenda item description indicates that the purpose for tonight's agenda item is to interview the applicants for this position. I urge the city council members to inquire with Ms. Espinoza as to why she indicated she lives in the city when in fact she doesn't. I urge them to ask her if she was directed by someone in city staff or city council to write that she lives at ULV when in fact she doesn't. And I urge them to ask her if she was willing to lie about something as pedestrian as her home address, what else will she be willing to lie about. And at the conclusion of the interview, the applicant should be disqualified for ethical reasons. Failure to do so speaks volumes as to the character of any city council person who votes for her approval.

Thank you for your assistance with this matter .

Keith Jones
4758 Calle Estrada
(626) 945-1494
l
23 City Council Agenda Packet, November 20, 2023
23 Lupe Estrella
From:

Sent:

To:

Subject:

Good afternoon ,
Pam Berry <[email protected]>
Monday, November 6, 2023 1 :47 PM
Ken Domer; Lupe Estrella
Re City Council Meeting - November 6, 2023 Agenda Item 6 I would like this email to be shared with all council members today as they prepare to vote regarding the interviews and vote for the EIFD Public committee opening . I reviewed the agenda and included packet information and I would encourage the council to vote to approve Richard Bowen into that open committee position . He has been a longtime La Verne resident, has consistently engaged in the city council meetings for a number of years and has a strong business background and a desire to see La Verne flourish , with no divided allegiance.

I saw that one of the applicant's does not live in La Verne and listed false information in their Personal Data on the application that clearly asks for a Home Address and How long they have lived in La Verne. That is a huge red flag on two counts. First, that is not their home address and second, it appears they have not in fact lived in La Verne for 1.5 years so stating such is deceptive. If there are public members to be appointed to a La Verne committee , their residence, longevity and level of past/current involvement should weigh heavily into fulfilling that role. A year and a half of employment in town does not equal being an engaged resident nor does listing a false home address sit well with me. The value of appointing a resident to the committee is their unique perspective as such.

I also reviewed the candidate's employment on the application and find her primary duties as a conflict of interest to the EIFD role as a public member. As stated on her application , her "primary responsibilities include representing the university (ULV) at the local, state, & federal level". So as a member of a city committee , is she likely to represent the city's interests or the university's interests when they may not align? These words outline a clear conflict of interest. We need a resident who will not have to split allegiances in their committee determinations .

I also believe that Wendy Lau, as a trustee of ULV should recuse herself from the vote on item #6 because of this specific applicant's position and primary employment duties, especially in regard to her use of the university address as her home address and listing a length of residence in La Verne that is outright false and appears deceitful.

Thank you for your time and consideration in this important matter.

Pam Berry
This email has been scanned for spam and viruses by Proofpoint Essential s. Click here to report this ema il as spam. 1 24
City Council Agenda Packet, November 20, 2023
24 Lupe Estrella
From:

Sent:

To:

Subject:

Junior Granados <[email protected]>
Friday, November 3, 2023 12:38 PM
cityclerk
Mayor at Large
~ IRONSCALES couldn't recognize this email as this Is the first time you received an email from this sender L::_!· [email protected]
> Hi,
>
> I would like to express my support of returning to an "at large" process so the residents of the city of La Verne, including myself, can vote to elect the mayor t hat will represent the entire city. >
> With the current process, the mayor is rotated and they have a vested interest in the district they represent. We are one city, but with the current process, we are disjointed . Thanks for taking the time to hear my side. >
> Junior Granados, resident of La Verne
> 818-631-1997
This email has been scanned for spam and viruses by Proofpoin t Essentials. Visit the following link to report this email as spam:
https:// us2. proofpointessentia Is. com/index0l. ph p ?mod _id &mod_ o ption=gitem&re port=type♦syspa m&k=&payloadS6 16c746564Sf5f36a2472b8ba758ff3030b7acfa5896c01a0dc16cea69459e56e6fcb0eb504df4361e343db805c990038blc0 dfba872973aec9eaeeb1961e0a711e3b9c3fd8f87906b42bd8cba3fc33d9eeb9072993dc0114e6f519d4el64991e7ea690e e856609b49dc374d7044b1902cf700c47ee4970d96aa2761f0dc280b57b78a6f128e5d66430342fldc97a43d2bac7171bef 22df3b6191b524a971c
1 25
City Council Agenda Packet, November 20, 2023
25 Lupe Estrella
From:

Sent:

To:

Cc:

Subject:

Tim Hepburn <[email protected]>
Monday, November 6, 2023 5:17 PM

ROBERT RODE
Tim Hepburn; Ken Domer; Lupe Estrella
Re: EIF appo intment Richard Bowen and at Large voting for Mayor Thanks for your comments Robert, I will share it, Tim
Sent from my iPhone
> On Nov 6, 2023, at 4:44 PM, ROBERT RODE <[email protected]> wrote:
>
> Hi Mayor Hepburn ,
> I tried to send this email to the city clerk but I kept getting a message that "email address was blocked from receiving outside emails"
> I would like to express my support for long time resident, Richard Bowen for the City's EIFD committee. Mr. Bowen would be a great choice for this committee because he has the knowledge of the history of La Verne as well as the future plans for the City. He appears to be very objective and has no ties to any special interest groups. > I also would like to state that I am very much in favor of returning to "At large" voting for Mayor. I think every resident should have a right to vote for Mayor.
> Please share this email with the Mayor and Council prior to tonight's meeting. > Thank You,
> Paige Rode
>
> Sent from my iPhone
26 City Council Agenda Packet, November 20, 2023
26 Lupe Estrella
From:

Sent:

To:

Subject:

Dear city council
Barbara Nicoll <[email protected]>
Friday, November 3, 2023 10:51 AM
cityclerk
Council vote to put on ballot election of mayor
I live in North La Verne. I'm opposed to this being put on the ballot because this won't help. The people will think that if they vote yes, the city will automatically go back to able to vote for a mayor. But this is not the process. This vote is a waste of money and doesn't help.

I am personally neutral about whether the mayor rotated or we vote for one. But this ballot measure is not the way to get there.

Barbara Nicoll
2315 Daybreak Drive
La Verne, CA 91750
This email has been scanned for spam and viruses by Proofpoint Essentials. Visit the following link to report this email as spam:
https :// us2. proofpointessentia Is. com/i ndex0 1. ph p ?mod _id & mod_ o ptio n=gitem&repo rt=type ♦syspa m&k=&payloa dS 616c7465645f5fd3b3773fd6c2c l f95babf2ef3b32a8852503732169d91444bf5e37850d370c5478a807821421cac509f1524 f78e8b985b80676f3f65a4cead7764b4d9d6f10c495628aa61a1428013328926e64bed7049df01614a04ac62af497475906 d876a98e5325f8414133b78dlde7efldd172feed9466027db17f7c5eb417152ab746fcf60fed98f3540223b7fd775 4c2a223 3191fb3876b7320459
1 27
City Council Agenda Packet, November 20, 2023
27 Lupe Estrella
From:

Sent:

To:

Subject:

Maria Granados <[email protected]>
Friday, November 3, 2023 11 :44 AM
cityclerk
Mayor At Large
~ IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender E.J [email protected]
Hi,
I would like to express my support of returning to an "at large" process so the residents of the city of La Verne, including myself, can vote to elect the mayor that will represent the entire city.

With the curren t process, the mayor is rotated and they have a vested interest in the district they represent . We are one city, but with the curren t process, we are disjoin ted. Thanks for taki ng the time to hear my side.

Maria Granados, resident of La Verne
909-373 -5478
This email has been scanned for spam and viruses by Proofpoint Essentials. Visit the following link to report this email as spam:
https :// us2. proofpoi ntesse ntia ls.co m/i ndex0l. ph p ?mod _id&mod _ optio n=gite m&repo rt=type ♦syspa m & k=&payload56 16c746564Sf5fbdf92301aa23b3326f44349f884d4bac757dd23fc57be2aadc4efaa1564ec0523ffcf5eflfba6dbca3fb0ac0c5 8bbab0bee3cb19da50b5c3e92228e90d33538012cfc8ae587a424caa604c5bfe74d2753ac8b35834579c440d60a649e2Sc6 4ea1501ec50253437bed59de6d82f23cd74ffa3512edd34f7d21ba37cf6d4e53e1440bb4a95d2523c9cdc5405fl3f00874f5 4e4e2Sefedf0437
1 28
City Council Agenda Packet, November 20, 2023
28 Lupe Estrella
From:

Sent:

Amjad Khan <[email protected]> ~l\C Co~YV'\~
Friday, October 20, 2023 1 :03 PM
To: cityclerk
Subject: Request for public comment
~ IRONSCALES couldn't recognize this email as this Is the first time you received an email from this sender ~ [email protected]
Hello:

I hope this note finds you well.

I am a resident of La Verne and wish to submit the following comment to the La Verne City Council. If you can advise me whether I can share a 3-minute comment at the next meeting, I'd be grateful.

Here's the written comment:

My name is Amjad Mahmood Khan. I am a lawyer and law professor at UCLA. I am a father and husband. My daughter goes to Oak Mesa Elementary. My son plays on the La Verne Little League baseball team. I belong to the Ahmadiyya Muslim Community. We are Muslim-American and love this beautiful city. I wish to express a few words about the present Israel-Ha mas crisis in the Middle East.

I strongly condemn the actions of Hamas on October 7. Their depraved acts were wrong, have caused great harm, and are not in line with the true teachings of Islam. The founder of Islam, Prophet Muhammad (peace be on him) forbade the killing of innocent civilians, including women, children or anyone not engaged in fighting. I extend my condolences and sympathies to my Israeli and Jewish brothers and sisters in this city .

Since October 7, the Israeli government has bombed Gaza and killed thousands of innocent civilians, including more than a thousand children. This is also wrong. The innocent who are not engaged in war are not at fault at all. If the world conside rs Israeli women, children and ordinary citizens to be innocent, then Palestinians are also just as innocent. I extend my condolences and sympathies to my Muslim and Palestinian brothers and sisters in this city.

The major world powers appear bent on fanning the flames of war rather than putting them out. The average person cannot even fathom the harmful consequences of the war that will result from these injustices. We must not let this happen. Each person should be entitled to live with dignity, equality and respect. I ascribe to my Muslim community's motto: Love for all, hatred for none.

May God enable the major world powers to establish justice on both sides of this conflict and establish peace.

Thank you.

Amjad Mahmood Khan
29 City Council Agenda Packet, November 20, 2023
29 CITY OF LA VERNE

DEMANDS PRESENTED HA VE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HA VE BEEN REVIEWED BY THE

FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL

SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS. _..;..A""'M-'-'O"'UNT'-'-'-'-_ ..:;lS=-=S:..::U:..::E;::;D....:T-=O___________ DESCRIPTION I. 92,500.00 CALIFORNIA JPIA - EXCESS LIAB[LITY -=p::-RE::-:F::-UN::-:-::D:-:RE::-=Q:-:-UE=s=T-=Fo=-R=-=THE=-=-=T::-RU:-:-S=T=-A-:-cC::-:C::-::0:-:-UN-::-:::T:--------------

2. 92,242.53 STRATEGIC CONTRACTING SERVICES PAYROLL 10/01/23 TO 10/14/2023 (L.A CLEAR)

3. 30,330.15 COUNTY OF LOS ANGELES WEED ABATEMENT SERVICE - LOS ENCINOS PARK

4. 19,658.07 BABCOCK LABORATORIES, INC. WATER TREATMENT TESTING

5. 18,851.25 WILLDAN MARCH TO AUGUST 2023 HOUSING REHABILIT A TlON PROJECT

6. 16,852.33 ROGER BASS OCTOBER 2023 SERVICES (L.A. CLEAR)

7. 15,875.25 INLAND VALLEY HUMANE SOCIETY SEPTEMBER 2023 SERVICES

8. 14,326.97 OWSLEY ENTERPRISES. LLC OCTOBER 2023 SERVICES (L.A. CLEAR)

9. I 3,907.08 LffiERTY COASTAL LLC OCTOBER 2023 SERVICES (LA CLEAR)

10. 11,000.00 MICHAEL W. TYNES OCTOBER 2023 SERVICES (L.A. CLEAR) __ 1~19~.2..;..9=2.=35_ OTHER DEMANDS
S 444,835.98
DEMANDS OF S 48,778.07 WERE PAID ON BEHALF OF LA[MPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.

DEMANDS OF S 1,003,325.24 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.

IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERT[FYTHA T THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED Page I of4
30 City Council Agenda Packet, November 20, 2023
30 CITY OF LA VERNE FY 2023-24 10/25/2023

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
166497 2,100.24 AARDVARK
166498 399.00 AFSS NORTH
166499 244.57 AIRGAS USA, LLC.
166500 375.00 AJ'S ENTERTAINMENT
166501 195.00 AMERICAN TANK TESTrNG
166502 1,249,50 ATKINSON,ANOELSON,LOYA,RUUD & ROMO
166503 150.00 BLOOMING VfEW
166504 10.00 BURRO CANYON SHOOTING PARK
166505 392.00 CALWORNIA PEST MANAGEMENT.INC.
166506 352.06 CHARTER COMMUNICATIONS
166507 475.00 RETIRED SENIOR VOLUNTEER PATROL
166508 30,330.15 COUNTY OF LOS ANGE.LES
166509 472.57 CUM!v1INS SALES AND SERVICES
166510 453,76 DANIELS TIRE SERVICE
166511 1.640,02 £-TECH EQUrPMENT. [NC.
166512 253.53 EWING IRRlGA T!ON PRODUCTS
166513 44.88 FACTORY MOTOR PARTS
166514 3,620.35 FIRE APPARATUS SOLUTIONS
166515 1,147.88 FIRST-CITIZENS BANK & TRUST CO
166516 1,850.00 FRASCA PLUMBrNG
166517 577.69 FRONTCER COMMUNICATIONS
166518 1,795.00 GRANlCUS LLC
166519 4,975.85 HOT WlRE ELECTRIC
166520 662,86 HPS WEST, INC.
166521 532.05 IMS REFRIGERATION. INC.
166522 15,875.25 JNLAND VALLEY HUMANE SOCIETY
166523 107.16 INNOVATION AND TECHNOLOGY DEPT.
166524 9,142.50 JAR AUTOMATION
166525 306.00 JONES & MA YER
166526 138.94 DOMER, KEN
166527 37.50 KIDMAN LAW LLP
166528 115.00 KlRSTEN GROSCOST
166529 100.00 KYLE MCKENZIE
166530 28.00 K VOCE.RA DOCUMENT SOLUTIONS WEST
166531 700.00 LA VERNE HERITAGE FOUNDATION
166532 23,97 LESLIE'S POOLMART, INC.
166533 3,463.59 LIFE-ASSIST
166534 3.384.44 LINE GEAR
166535 2,468.14 LOS ANGELES COUNTY PUBLIC WORKS
166536 100.00 MELISSA MARTINEZ
166537 500.00 MIKE'S ICE CREAM TRUCK
166538 4,958.81 MORROW MEADOWS CORP
166539 l.232.00 MOTOROLA SOLUTIONS, INC.
166540 833.67 PARADlSE EMBROIDERY & SCREEN PRINT.
166541 812.56 PRIMARY PHARMACEUTICALS. INC.
166542 16.54 SAM'S CLUB/SYNCHRONY BANK
166543 335.32 SANDERS LOCK & KEY
166544 4,279.00 SIERRA PACIFlC ELEC. CONTRACTING
166545 707.90 STATE INDUSTRlA.L PROOUCTS
166546 1,100.00 THE COUNSELING TEAM rNTERNATIONAL
166547 840.00 THE PB GUY INC.
]66548 2-745J8 VERIZON WIRELESS
166549 441.49 WAGEWORKS, INC.
166550 155,73 WALTERS \.VHOLESALE ELECTRlC CO.
166551 156,65 WAXIE SANITARY SUPPLY
166552 18,85 l.25 WlLLDAN
EFT 194.66 ALL STATE POLICE EQUIPMENT CO.

EFT 91.50 AM-TEC TOT AL SECURITY ilNC.

EFT 357.13 AMAZON CAPITAL SVCS - LVPD
EFT 1.700.00 RICHARD, ARAGON,
EFT 19,658.07 BABCOCK LABORA TOR(ES, INC.

EFT 92,500.00 CAL!FORNlA JPlA - EXCESS UAB!LITY

Page 2 of 4 ends

31 City Council Agenda Packet, November 20, 2023
31 CITY OF LA VERNE FY 2023-24

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT
EFT 1,197.02
EFT 7,096.11
EFT 66.96
EFT 396.58
EFT 1,958.49
EFT 780.00
EFT 469.90
EFT 1,013.55
EFT l,6Il.87
EFT 6,334.92
EFT 10,166.67
EFT 8,937.50
EFT 5,613.50
EFT 13.907.08
EFT 5,355.00
EFT 11 ,000.00
EFT 14,326.97
E'FT 16,852.33
EFT 92,2A2.53
Bank Draw 2,752.09
444,835.98
1,003,325.24

48.778.07
Total Demands $ 1,496,939.29
Payroll and Employee Benefit Payments:
166563
166564
166565
166566

BANK DRAW

BANK DRAW
EFT
EFT
EFT
Total $
Provider
US Treasury
State of California
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
530.00
350.00
132.30

9.00 608,915.34
121,243.79
41,577.08
1,020.38
184,629.29
25,259.08
5,619.44

6.469.72
2,987.00
2,424.08
2,158.74
1,003,325.24
Fire/Police/La Verne Employee

ISSUED TO

GRAINGER

GREENSCAPE MAINTENANCE SERVICES INC

HARCHUT, CYNTHIA
HI-WAY SAFETY INC.

OPLIGER, ROCKY
QUALITY CODE PUBLISHING. LLC
SUN BADGE CO.

WEST COAST ARBORISTS, INC.

WESTERN WATER WORKS

WITTMAN ENTERPRISES, LLC

CORDRAY ENTERPRISES LLC

DEROIAN VENTURES LLC

GROUND ZERO TECHNOLOGLES LLC

LIBERTY COASTAL LLC

MARLYN PACHECO LLC
MICHAEL W. TYNES
OWSLEY ENTER.PRISES. LLC

ROGER BASS

STRATEGIC CONTRACTING SERVICES

SO CAL GAS CO
Total Payroll Demands
Total LAJMPACT Demands

CITY OF LA VERNE EMPLOYEE FUND
FIDELITY INVESTMENTS #P0754

HEATHER REYES

UNITED WAY CAMPAIGN

PAYROLL

UNITED STATES TREASURY
ST A TE OF CALrFORNIA
ST A TE DISBURSEMENT BD0005689

ST A TE OF CALIFORNIA
EMPOWER TRUST COMPANY. LLC-457

EMPOWER TRUST COMPANY, LLC-ROTH
EMPOWER TRUST COMPANY, LLC-40IA

LA VERNE FCRE ASSOCIATION
LA VERNE POLICE OFFICERS ASSOC.

CHARLES SCHWAB BANK
Benefits Description
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child support/garnishments 401 A plan
457B plan
Roth plan
Replacement Social Security plan
Employee Group Dues
LAIMPACT Law Enforcement Task Force Demands
166553 1,929.62 BANK OF AMERICA
166556 10.954.98 CITY Of PASADENA

Page 3 of 4 ends

J0/25/2023
32 City Council Agenda Packet, November 20, 2023
32 C[TY OF LA VERNE FY 2023-24 10/25/2023

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
166557 2,550.00 CODE 5 GROUP, LLC.
166558 t l.45 FEDERAL EXPRESS CORPORATION
166561 22.02 GALLS, LLC.
166562 LI0.00 SOUTHLAND SHREDDING, INC.

MULTIPLE 33,200.00 LAT ENFORCEMENT OPERATIONS
Total $ 48,778.07
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LALMPACT crime prevention activities, These funds are not City funds and are not available for City use outside of LAlMPACT activities.

Page 4 ends

33 City Council Agenda Packet, November 20, 2023
33 CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS
11/1/2023
FY 2023-24
DEMANDS PRESENTED !-IA VE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHAS£NG/FUNDING POLICY AND HA VE BEEN REVTEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.

SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.

AMOUNT
I. 524,062.45

2. 102,311.50

3. 78,523.94

4. 50,000.00

5. 37,325.00

6. 29,101.24

7. 12,212.66

8. 11,011.37

9. 8,510.86
10, 6,400.00

81.419.22
s 942,348.24

ISSUED TO

WASTE MANAGEMENT

CITY OF POMONA

DEPARTMENT OF JUSTICE
JSI TELECOM. lNC.

SDl PRESENCE LLC
GREENSCAPE MAINTENANCE SERVICES. INC,
SALT WORKS, £NC.

S & J SUPPLY CO., INC.

HI-WAY SAFETY lNC.

PSYCHOLOGICAL CONSUL TlNG ASSOC INC

OTHER DEMANDS

DESCRIPTION
AUGUST AND SEPTEMBER 2023 REFUSE SERVICES

CONTRACT JAIL SERVICES
JULY 2023 PAYROLL AND ELECTRJCITY SERVICES (LA HJDT A)
SOFTWARE SUPPORT PLAN 8/20/2023 TO 02/19/2024 (LA HlDTA) SEPTEMBER 2023 LICENSE AND SUPPORT SERVICE
OCTOBER 2023 MAINTENANCE SERVlCE

COARSE SALT

PART AND MATERIALS

RECTANGULAR RAPID FLASHING BEACONS FOR CROSSWALK
TRAINlNG OFFICER WELLNESS AND MENTAL HEALTH
DEMANDS OF $61.075.00 WERE PAID ON BEHALF OF LAJMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.

IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202. I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED Page I of3
34 City Council Agenda Packet, November 20, 2023
34 CITY OF LA VERNE FY 2023-24
REGISTER OF AUDTTED DEMANDS - EXI IIBIT /\
ClfECK NO.
166567
166568
166569
166570
166571
166572
166573
[66574
166575
166576
166577
166578
166579
166580
166581
166582
166584
166585
166586
166587
166588
166589
166590
166591
166593
166594
166595
166596
166597
166598
166599
166600
166601
166602
166603
166604
166605
166606
166607
166608
166609
166610
1666\ I
166612
166613
166614
166615
166616
166617
166618
166619
166620
166621
166622
166623
166624
166625
166626
166627
166628
166629
166630
AMOUNT
500.00

78.91 429.98
190.00
l.00
123.31
200.00
233.65
450,00
821.00
239.96
354.40
I 15.00
I 02,311 .50

3.998. 75
300,00
100.00
718.24

84.06 85.81

14.23 76,80

47.69 465.48
5,269.73
149.00
260.00
626.15
115.00
100,00

1.829.93
324.13
1,109.21
7,870.00
\,756.91
l 15.00

69.43 990.00
J,204.00

11.5.00 75.00
493.25
124.80
149.80
149.74
865.36
409.61
o.40o.oo
176.40
150.00
4,249.00
11,011.37

30.76 40,00

37.325,00
I 15.00
484.19
431.56
2,538.64
2,371,70
250.00
150.00
ISSUED 1'0
A.I'S ENTERTAfNMENT
ALBJ; RTSONS/SAFEWA Y
ANDY GUMP, INC.

ANKIT BRAHMKSHA TRl

ARETHA SAMUEL
BLUE CROSS OF CALfFORNlA

BONITA HIGH SCMOOL

BROWN MOTOR WORKS
CALIFORNIA PEST MANAGEMENT,INC.

CARI DUNKAN

CHARTER COMMUNICATIONS
Cl !ARTER COMMUNICATIONS

CHRISTINA SOUS

CITY OF POMONA
CIVILTEC ENGINEERING. INC.

DAVID FREEMAN

ERJCWIJITE
EWING lRRlOATION PRODUCTS

FACTORY MOTOR PARTS
PEDEX

FIREMANS GRAPHICS

GUZMAN, ISABELLA

HEALTHCARE PARTNERS
HOLLIDAY ROCK CO.

I IOME DEPOT CREDIT SERVICES

PETER IIOULE

IAFC MEMBERSHIP
IMS REFRIGERATION, INC.
.JESSICA COOKE

KRISTINA RAMIREZ

KYOCERA DOCUMENT SOLUTIONS WEST
KYOCERA DOCUMENT SOLUTIONS WEST LLC:

LESLJE'S POOLMART, INC.

LIEBERT CASSIDY WHITMORE

LIFE-ASSIST
UF"ENGUU

LOZANO, THOMAS

MATN STREET TOURS

MAIN STREET TOURS

MELINDA CHABRIER

MIND BLOWING BALLOONS LLC
NORIDlAN MEDICARE JE PART B REFUND

OPTUMCARE MANAGEMENT LLC

PARADISE EMBROIDERY & SCREEN PRINT,

PITNEY BOWES GLOOAL FINANCIAL SVCS
PRIMARY PHARMACEUTICALS, INC.

PSYCHOLOGICAL CONSUL TING ASSOC INC

RETRO-SPEC PRINTING

ROBERT BRIERLY

RUVALCABA, BERNICE
S & .J SUPPLY CO., INC

SANDERS LOCK & KEY
SCMAF-SAN GABRIEL VALL!iY

SDI PRESENCE LLC

SJ-IARON LAJ
Tl IE SHERWfN-WlLL,IAMS CO

STAPLES

STRYKER SALES CORPORATION

T-MOBILE
TERRIQUEZ, RlGO

THE COUNSELTNG TEAM INTERNATIONAL

Page 2 of 3 ends

1111/2023
35 City Council Agenda Packet, November 20, 2023
35 CITY OF LA VERN£ FY 2023-24

REGISTER OF AUDITGD DEMANDS - EXHIBIT A
CHECK NO.
16663 I
166632
166633
166634
166635
166636
166637
166638
166639
166640
166641
166642
166643
166644
166645
166646
166647
166648
166649
166650
166651
EFT
EFT
EFT
EFT
BFT
EFT
EFT
EFT
EF-T
EFT
EFT
EFT
EFT
E!-7
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
AMOUNT

1.000.00
JR.33

32.18 158.65
465.41
344.30
2,311.39
2,677.65
2,533.40
250.00
2,000.62

20.00 595.00
106.24

79.95 ?N,523.94

8.74 50,000.00
2,491.88
139.27
687.50
2,273, 10
988.95
1,200.00
85,00

2.520.2S
1,750.00
502.47
806.40
577.50
5,385.00
29, I0J.24
8,510.86
305.86

31.34 800.00
703.71
12,212.66
1,186.17
536.38
141.92
368.09
524.062.45
942.348,24

ISSUED TO

THE DOMINGUEZ GROUP
TK PR!Ni' MANAGEMENT. INC
UPS
VELASQUEZ. MARK

VERONICA LOZANO
WAGEWOR.KS, INC.

WAL l'ERS WHOLESALE ELECTRIC CO.

WAXIE SANlTARY SUPPLY

WELLS FARGO VENDOR FINANCIAL SVCS

WHJT'E BEAR, DUSTIN
WM CORPORATE SERVICES. INC.

YOLANDA GONZALEZ
AIRWAVE COMMUNlCATIONS ENTERPRISES
8&11 PHOTO VIDEO

CALIFORNIA DEPT OF TAX & FEE ADMIN

DEPARTMENT OF JUSTICE
FEDEX
JSI TELECOM, INC.

MASERGY CLOUD COMMUNICATIONS, INC

ODP BUSINESS SOLUTIONS, LLC

TECHNOLOGY MANAGEMENT CONCEPTS
ALL STAR FIR.E EQUIPMENT

AMAZON CAPITALSRVC- LVPD

RICHARD ARAGON

BEE REMOVERS
BRENNTAO PACIFIC. [NC.

CALIJ3ER COMMERCIAL POOL SERVICES

COLLEGIATE PRESS

ANTOHONY, GIRON
GRAfNGER

GRANICUS LLC
GREENSCAPE MAINTENANCE SERVICES. INC
HI-WAY SAFETY INC.

INTERSTATE BATTERY INLAND VALLEY

KRONOS INCORPORATED

LAW ENFORCEMENT MEDICAL SERVICES

MERRIMAC ENERGY GROUP
SALT WORKS, INC.

SA VAOE, I JOLLIE

SKYLINE SAFETY AND SUPPLY
SUN BADGE CO.

ULINE

WASTE MANAGEMENT
61,075.00 Total LAIMPACT Demands
Total Demands 1,003,423.24
LAIMPACT Law Enforcemen1 Task Force Demands
166663 25.00 T-MOBlLE USA. INC.

MULTIPLE 61,050.00 LAI ENFORCEMENT OPERATIONS
Total 61,075.00
11/1/2023
LA IMPACT demands are paid from tederal asset forfeiture dollars allocutcd lo LAIMPACT crime prevention activities. These funds are not City funds :ind are not available for City use outside of LA IMPACT activities.

Page 3 of 3 ends

36 City Council Agenda Packet, November 20, 2023
36 This page left intentionally blank
37 City Council Agenda Packet, November 20, 2023
37 City of La Verne, City Council
Agenda Report

DATE: November 20, 2023

TO: Honorable Mayor and City Council

FROM: Meg McWade, Director of Public Works

SUBJECT: APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE SAN

GABRIEL VALLEY COUNCIL OF GOVERNMENTS REGARDING THE

EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL

IMPROVEMENTS PROJECT

SUMMARY
The San Gabriel Valley Council of Governments (SGVCOG) established the East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) to partially or wholly fund a variety of projects proposed by seven East San Gabriel Valley cities, including La Verne. As a participant in the SMIP, $3 million will be set aside for design and construction of the La Verne Pedestrian Bridge. Approval of the proposed Memorandum of Agreement (MOA) with the SGVCOG is required for participation.

RECOMMENDATION
It is recommended that the City Council approve, and authorize the Mayor to execute, the Memorandum of Agreement with the San Gabriel Valley Council of Governments for the East San Gabriel Valley Sustainable Multimodal Improvement Project. Additionally, it is recommended the City Council authorize the City Manager to execute any documents or amendments related to this project.

DISCUSSION
The SGVCOG invited cities and other responsible agencies in mid -2021 to apply for funding to support regional transportation projects. Those individual agency submissions meeting the application’s general criteria were eventually packaged as the East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP). In January 2022, the SGVCOG Governing Board approved programming of $15 million from fiscal year 2022-2025 Measure M Multi-year Subregional Program (MSP) Active Transportation, Bus System Improvements, and First/Last Mile funds for the SMIP.

Of the total $15 million programmed in the regional SMIP, $3 million is allocated for design and construction of the La Verne Pedestrian Bridge. The pedestrian bridge was identified as one of several capital improvements projects in the city’s Enhanced Infrastructure Financing District (EIFD). The purpose of the pedestrian bridge is to provide safer access for pedestrians, bicyclists, and others across Arrow Highway, and particularly between the Metro “A” Line La Verne station and events at the Fairplex. The current estimated construction cost of the pedestrian bridge is about $16 million in 2023 dollars (this is different than overall costs which include construction management) . To date, the City has nearly $8.5 million programmed for constructio n of the pedestrian bridge from the 38 City Council Agenda Packet, November 20, 2023
38 Authorization to Enter into a Memorandum of Agreement with the SGVCOG November 20, 2023

Page 2 ends

following sources: EIFD $1. 8 million; federal earmark $ 4 million; SMIP $ 2.3 million (pending approval of this MOA). It should be noted that of the $3 million SMIP grant, $300,000 will be allocated to the SGVCOG for project management services (see below) and $400,000 has already be en designated to cover additional costs related to design work.

The MOA is the vehicle that provides La Verne access to the $3 million in SGVCOG MSP funds. In summary, the MOA provides for the following:

• MOA Term – the MOA term is essentially open ended, although current language within the agreement requires funds to obligated by 2025. This end date may be extended based upon project progress and funding needs. • SGVCOG Compensation – For its part in managing the MOA, project meetings, Metro reporting, and other duties, the SGVCOG is entitled to receive 10% of the total programmed allocation, or $300,000 in this case. This amount is subtracted from the original $3 million amount, thus leaving the City with $2.7 million for design and construction related activities.
• Responsibilities of Each Party – The MOA outlines very specific duties for both the SGVCOG and City. The MOA states that the SGVCOG is the Project Manager for the SMIP. They are responsible for the preparation of plans, specifications, engineering, and environmental review , to prepare and/or administer various reports and payments, solicit and award contracts, and manage consultant performance. The City shall be responsible for assisting the SGVCOG in its duties by responding timely to requests for information and review s, reviewing contract solicitations, meeting attendance , assisting with future grant applications, and outreach. This MOA does not provide for construction management services. In the event full construction funding is secured, the City must enter into a separate cooperative agreement with the SGVCOG for such services, which will include an additional cost from SGVCOG for said construction management services. • Cost Responsibilities of Each Party – The SGVCOG will provide fully allocated funding toward project completion. However, should work progress be interrupted due to lack of funding, the City shall be responsible to reimburse the SGVCOG for all sums expended to date. Design work reaching 95% completion shall be exempt from reimbursement, which has already been achieved.
• Termination – The MOA may only be terminated for cause with lack of funding being the primary potential cause.
• Indemnity – Standard and typical indemnifications will apply.

FISCAL ANALYSIS
The total estimated cost for design, construction, and construction management services of the pedestrian bridge, with contingencies, is approximately $ 24.7 million in 2023 dollars. Design plans, specifications, and environmental review are generally complete with $1.3 million of the $1.7 million design costs previously funded. The MOA excludes this $1.3 million of previous funding and reflects a project budget of $23,462,000.

39 City Council Agenda Packet, November 20, 2023
39 Authorization to Enter into a Memorandum of Agreement with the SGVCOG November 20, 2023

Page 3 ends

This project is partially funded with a Congressional earmark of $4 million and Enhanced Infrastructure Financing District funding of $1.8 million. This MOA will provide an additional $3 million for the project. The project’s unfunded need is $14.6 million, and the City continues to pursue grant funding to close this gap. The following table outlines the overall estimated project costs and current available funding.

Tasks Cost Project(ed) Funding
TOTAL PROJECT COST $ 24,776,000
Previously funded design
costs – excluded from MOA
Project Budget
($ 1,314,000) Measure M Subregional - $895,000*
LV Prop C allocation - $419,000*

MOA PROJECT BUDGET $23,462,000 SMIP MOA – La Verne: $3,000,000 Environmental review /
Design/ PS&E completion $ 400,000 Proposed SMIP MSP - $400,000 SMIP Grant Management -
COG $ 300,000 Proposed SMIP MSP - $300,000
Construction @ 0% complete
(Including project
management, contingency,
etc.)

$ 22,743,000

Proposed SMIP MSP - $2,300,000
City: Congressional Earmark - $4,000,000
City: EIFD - $1,800,000
UNFUNDED - $14,662,000

TOTAL MOA BUDGET $23,462,000 $23,462.000
Note * Previously programmed and allocated under prior fiscal years. Design / PS&E @ 95% complete

ENVIRONMENTAL ANALYSIS
The SGVCOG is the lead agency for this project and environmental review is already included in the current design contract with the SGVCOG (design, PS&E, and environmental). The project warrants a mitigated negative declaration, which is currently under final review by Caltrans.

LEGAL REVIEW
The City Attorney has reviewed and approved this item.

ATTACHMENTS
- Proposed Memorandum of Agreement

40 City Council Agenda Packet, November 20, 2023
40 1775716.1

MEMORANDUM OF AGREEMENT

EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL

IMPROVEMENTS PROJECT

This Memorandum of Agreement (“MOA”) is by and between the City of La Verne, hereinafter referred to as “CITY” and the San Gabriel Valley Council of Governments (“SGVCOG”) to be effective as of the date signed by both Parties. City and SGVCOG are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties”.

RECITALS:

A. Whereas, the SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley within the jurisdiction of its member cities and its unincorporated areas; and

B. Whereas, to increase the opportunities for those cities which are members of the SGVCOG to obtain funding for specified Active T ransportation Program, First/Last Mile , and Bus S ystem Improvement Program projects, the SGVCOG encouraged its member cities to include such projects planned for their jurisdictions as part of the SGVCOG’s Measure M Multi -Year Subregional Program (“MSP”) application to the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for funding for the subregional East San Gabriel Valley Sustainable Multimodal Improvement Project (“ SMIP”) as is further described in Exhibit “A” of this MOA; and

C. Whereas, seven of the SGVCOG’s member cities , including the CITY, requested the SGVCOG to include their projects as part of the SGVCOG’s MSP application to the LACMTA and it is anticipated all seven cities will be entering into a MOA with the SGVCOG for their individual SMIP Phase 1 Project(s) (PROJECT); and

D. Whereas, the CITY and the SGVCOG have a shared desire to complete all of CITY’s SMIP projects and phases and enter into this MOA to provide for the completion of the design and construction works (“Phase 1 Work”) for the CITY’S PROJECT as described in the attached Exhibit “B” with the ultimate goal of constructing the PROJECT; and

E. Whereas, the LACMTA allocated $14,997,974.00 in MSP funds to the SGVCOG for the SMIP, and specifically $2,000,000 in MSP Active Transportation Program (ATP) subfunds and $1,000,000 in MSP First/Last Mile (FLM) subfunds for the CITY’s PROJECT’s Phase 1 Work as shown in the attached Exhibit “C”; and

F. Whereas, the SGVCOG’s funding commitment for the SMIP Phase 1 Work shall not exceed Three Million Dollars ($3,000,000) (“MSP ATP and FLM Allocation”); and

G. Whereas, the Parties agree to cooperate to support subsequent phases of the PROJECT, including seeking grant funding for such phases and if such funding is provided, negotiate such agreements as between the Parties that will advance such PROJECT phases; and

41 City Council Agenda Packet, November 20, 2023
41 2
1775716.1

H. Whereas, if construction work for the PROJECT is either currently included in the CITY’s Phase 1 Work and/or funding for construction of the Project is ultimately secured for a latter phase of the PROJECT, the Parties intend that SGVCOG will be designated as the Project Manager and a separate cooperative agreement will be entered into between the Parties for PROJECT construction which will supersede this MOA with respect to the Parties relative obligations for construction of the PROJECT; and

I. Whereas, by way of this MOA the Parties desire to set forth their understanding of each other’s obligations under such a cooperative agreement so as to form a basis for negotiating the cooperative agreement.

NOW, THEREFORE, the Parties agree as follows:

I. TERM:

The term of this MOA shall commence upon execution of the MOA by both Parties and shall continue until either the Phase 1 Work is completed or this Agreement is superseded by a cooperative agreement executed between the Parties has been entered into , unless earlier terminated as provided herein.

II. COMPENSATION TO SGVCOG FOR ADMINISTRATION:

To compensate the SGVCOG for its costs in performing its responsibilities under this MOA, t he SGVCOG will retain a total of ten (10) percent ($300,000.00) of the total MSP ATP and FLM Allocation, specifically $200,000 in MSP ATP subfunds and $100,000 in MSP FLM subfunds (the “Retention Amount”). The Parties recognize that if the SGVCOG is ultimately responsible for acting as the Project Manager for additional work that is not included in Exhibit “B”, that additional funding for SGVCOG’s services will be required. This MOA does not obligate the SGVCOG or the City to perform those responsibilities set forth in this MOA as they relate to latter project phases, which obligation shall be subject to a new separate agreement entered into between the Parties.

III. RESPONSIBILITIES OF EACH OF THE PARTIES:

A. SGVCOG Responsibilities.

1. Serve as the Lead Agency and Project Manager to adminis ter and manage the CITY’s Phase 1 Work which includes completing Plans, Specifications, and Estimates (PS&E) , and construction . Upon the SGVCOG and/or the City either being ready to advance the CITY’s PROJECT to construction or upon sufficient funding being identified and subject to a negotiated cooperative agreement between the Parties , administer and manage construction activities including construction engineering, management, inspection, testing, and project close-out on behalf of the CITY as further described in Sections III.A.6 below.

2. Contribute the MSP ATP and FLM Allocation, minus the Retention Amount, toward the cost of the PROJECT’s Phase 1 Work (consisting of $400,000 in FLM subfunds 42 City Council Agenda Packet, November 20, 2023
42 3
1775716.1
for PS&E, and $1,800,000 in ATP subfunds and $500,000 in FLM subfunds for construction).

3. Designate a person to serve as the SGVCOG’s Project Manager with name, title, and contact information , who shall serve as the primary liaison with the CITY for implementation of this MOA.

4. The SGVCOG’s Project Manager shall m anage and administer the MSP ATP and FLM Allocation for the Phase 1 Work and take such actions and have executed such documents that may be necessary for such management and administration, including but not limited to:

a. Ensure submission of monthly progress reports and invoices to LACMTA as may be required; and
b. Ensure that eligible payments are made to consultant(s) and contractor(s).

5. The SGVCOG’s Project Manager shall direct and manage solicitations from, and selections of, consultant(s) and/or contractor(s) to perform Phase 1 Work which shall include, but not be limited to:

a. In consultation with the CITY, coordination of a scope of work, budget, schedule to include in a Request for Qualifications (RFQ) for solicitation to qualified consultants and/or specifications and selection criteria to include in an Invitation to Bid (ITB) from qualified contractors to complete Phase 1 Work; b. In consultation with the CITY, preparation, distribution, and solicitation of RFQs to seek Statements of Qualifications (SOQ) from qualified consultants and/or ITBs from qualified contractors for performance of the Phase 1 Work; c. In consultation with the CITY, development of consultant selection and/or ranking criteria;
d. The establishment of a consultant selection committee to include, among others, SGVCOG’s Project Manager or designee and CITY’s Project Manager or designee;
e. Based upon recommendations from the selection committee members, recommend approval of, and establishment of an on -call bench of qualified consultants which best meet the needs and requirements for the CITY’s PROJECT, from which the SGVCOG and CITY may sel ect qualified consultant(s) for performance of the Phase 1 Work, and where applicable, recommend approval of a contract with the contractor based on lowest responsible bid price for construction to the SGVCOG’s Executive Director, Governing Board, or Capit al Projects and Construction Committee (CPCC) as the case may be;
f. Negotiating the precise Phase 1 Work and cost with the selected cons ultant(s) and/or contractor(s);
g. Recommending approval of contract(s) to SGVCOG’s Executive Director, Governing Board, or Capital Projects and Construction Committee (CPCC) as the case may be; and
h. Entering into and administering an agreement(s) between SGVCOG and consultant(s) and/or contractor(s) in a manner consistent with this MOA and other applicable laws and regulations, including LACMTA requirements. 43 City Council Agenda Packet, November 20, 2023
43 4
1775716.1

6. The SGVCOG’s Project Manager shall manage the consultant’s(s’) performance of the Phase 1 scope of work, schedule, and budget and consultant’s day -to-day activities for the Phase 1 Work, and/or in the event that either the CITY’s Project is ready to advance into construction and/or sufficient funding is identified f or construction work, the Parties intend on negotiating a cooperative agreement under which the SGVCOG’s Project Manager will oversee the construction phase and work and shall manage the contractor’s day -to-day construction management activities, schedule, and budget therefore whose duties include, but not be limited to:

a. Conducting Project Delivery Team (PDT) meetings, working group meetings, and/or construction meetings between SGVCOG’s Project Manager, CITY’s Project Manager, applicable CITY departments/staff, consultant (s) and/or contractor(s) to provide progress updates and receive input from the CITY; b. Providing briefings and solicit input to the SGVCOG’s Governing Board and committees, as determined by the SGVCOG, and to the CITY’s committees, and City Council, as requested by CITY;
c. Seeking CITY’s timely design review, input, and comments for the Phase 1 Work;
d. Reviewing and sharing with the CITY submitted deliverables, reports, and invoices from the consultant(s) and/or contractor (s) and notifying CITY as to any additional such documents or information that are required; e. Responding to and addressing CITY and community stakeholders’ concerns regarding Phase 1 Work issues, which may include coordinating conference calls and/or meetings with the CITY and/or consultants and/or contractors; f. If applicable, o btaining all required authorizations and permits from governmental agencies and including but not limited to Southern California Regional Rail Authority (SCRRA)/Metrolink and LACMTA necessary to complete construction;
g. With the cooperation of CITY, acquiring the necessary rights -of-way, if any, required outside existing rights -of-way to the extent that said acquisitions are within the amount of funding appropriated to SGVCOG for said purpose; and h. Mitigating identified property owner and business impacts directly associated with Phase 1 construction work in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act to the extent that said mitigations are eligible and within the amount of funding appropriated to SGVCOG for said purpose.

7. SGVCOG shall include in any agreements with consultant (s) and/or contractor(s) for the Phase 1 Work a requirement that they indemnify the CITY, its officers, agents and employees and include same as additional insureds under the consultant’s and/or contractor’s general and automotive liability policies, with protection provided to the same extent as provided to SGVCOG.

8. In coordination with the CITY, assist in seeking additional funding sources for Phase 1 Work, if needed, or for latter phases of the PROJECT, as necessary.

44 City Council Agenda Packet, November 20, 2023
44 5
1775716.1
B. CITY Responsibilities.

1. Maintain membership in the SGVCOG during the entire term of this MOA and during the cooperative agreement, should one be entered into. In the event CITY is no longer a member of the SGVCOG, this MOA will terminate by its own terms on the date CITY is no longer a member.

2. Designate a person to serve as the CITY’s Project Manager with name, title, and contact information who shall be the CITY’s primary liaison with SGVCOG’s Project Manager for implementation of this MOA.

3. The CITY’s Project Manager shall assist the SGVCOG in directing and managing solicitations from, and selections of consultant(s) and contractor(s) to perform Phase 1 Work which shall include, but not be limited to:

a. In consultation with the SGVCOG, preparation of a scope of work, budget, schedule to include in a Request for Qualifications (RFQ) for solicitation to qualified consultants to complete Phase 1 Work;
b. Assisting the SGVCOG in the development of consultant selection and/or ranking criteria;
c. Serving or appointing a designee on the selection committee for the purpose of selecting the most qualified consultant(s);
d. Approval of an on-call bench of qualified consultants which best meet the needs and requirements for the CITY’s PROJECT, from which the SGVCOG and CITY may select qualified consultant(s) for performance of the Phase 1 Work; and
e. Assisting the SGVCOG in the negotiation of the precise Phase 1 Work, cost, and schedule with the selected consultant(s).

4. The CITY’s Project Manager shall provide direction and support to manage the day- to-day Phase 1 Work coordination efforts with the SGVCOG’s Project Manager, consultant(s), and/or contractor(s), which shall include, but not be limited to:

a. Ensuring timely payment of local match funds to the SGVCOG, if applicable in accordance with Section III.B.5 below;
b. Attendance and participation in Monthly PDT meetings, scheduled PROJECT working group meetings, and PROJECT conference calls between SGVCOG’s Project Manager, CITY’s Project Manager, applicable CITY departments/staff, and the consultants and/or contractors to provide progress updates and receive input from the CITY;
c. CITY’s Project Manager shall provide timely feedback and timely raise issues to the SGVCOG concerning Phase 1 Work implementation;
d. CITY’s Project Manager shall timely respond to SGVCOG, consultant’s(s’) requests for Project data, information in the possession of CITY, review of materials, and provide input to the SGVCOG to support the completion of the Phase 1 Work;
e. CITY’s Project Manager shall coordinate and manage the CITY’s circulation and review of all Phase 1 Work deliverables to other CITY departments and 45 City Council Agenda Packet, November 20, 2023
45 6
1775716.1
divisions and submit written comments for all submitted deliverables within 30 days of receipt thereof.

i. CITY understands that successful completion of the Phase 1 Work requires the CITY to provide the necessary resources to timely respond to requests for information and submissions from the SGVCOG. ii. CITY shall develop an intra -agency review committee or technical working group that includes all CITY departments to circulate and facilitate the review and comments for all Phase 1 Work deliverables as necessary.
iii. Should the CITY not provide the written comments within 30 days, the SGVCOG may deem the deliverable approved by the CITY.

5. CITY’s Project Manager shall ensure proper and timely payment of local match funds to the SGVCOG in the amount not to exceed $5,800,000, in accordance with the approved Project Funding and Expenditure Plans shown in Exhibit “D”. Should any portion of PROJECT be financed with local funds with specific expenditure requirements or limitations, all applicable laws, regulations and policies relating to the use of such funds shall apply to the CITY and not to the SGVCOG notwithstanding other provisions of this Agreement. Future amendments will be made in concurrence with the SGVCOG, CITY, and possibly LACMTA in the event of cost increases, new funding, Project infeasibility, etc.

6. CITY’s Project Manager shall attend and participate in PROJECT related outreach events, including:

a. Assisting or assigning other CITY staff to assist the SGVCOG and/or consultant(s) and/or contractor(s) to disseminate PROJECT information and updates and coordinate outreach efforts between CITY, SGVCOG, consultant(s), contractor(s), and CITY residents and stakeholders for the Phase 1 Work.
b. Assisting the SGVCOG and/or its consultant(s) and contractor(s) with the coordination, distribution, and posting of public outreach notices and to place items on the agenda for City Council consideration (if required), as requested.

7. Should either the PROJECT be ready to advance into construction, or in the event sufficient funding is identified for construction and the Parties negotiate a cooperative agreement under which the SGVCOG will oversee the Phase 1 construction work, the Part ies intend that City’s Project Manager and CITY shall perform additional responsibilities, which shall include, but not be limited to:

a. In consultation with the SGVCOG preparation of a scope of work and plans and specifications to include in an Invitation to Bid (ITB) for construction of the PROJECT, as well any RFP’s to select qualified consultants needed for construction management activities;
b. Have the Project Manager or designee, sit on a selection committee for contractor(s) needed for the Phase 1 construction work; c. Attendance and participation in PDT meetings, working group meetings, and conference calls between SGVCOG’s Project Manager, CITY’s Project 46 City Council Agenda Packet, November 20, 2023
46 7
1775716.1
Manager, applicable CITY departments/staff, contractor(s), and/or consultant(s) to provide progress updates and receive input from the CITY; d. Providing timely feedback and timely raise issues of concern identified by CITY to the SGVCOG for Phase 1 construction work;
e. Timely respond to SGVCOG, consultant’s(s’) and contractor’s(s’) requests for project data, information in the possession of CITY, review of materials, and provide input to the SGVCOG to support the completion of the Phase 1 construction work;
f. Providing in a timely manner all available plans and survey data of existing CITY infrastructure necessary for Phase 1 construction work; g. Coordinate and manage the CITY’s circulation and review of all Phase 1 construction work deliverables to other CITY departments and divisions and submit written comments for all submitted deliverables within 30 days of receipt thereof.

i. CITY understands that successful completion of the Phase 1 construction work requires the CITY to provide the necessary resources to timely respond to requests for information and submissions from the SGVCOG. ii. CITY shall develop an intra -agency review committee or technical working group that includes all CITY departments to circulate and facilitate the review and comments for all Phase 1 construction work deliverables as necessary.
iii. Should the CITY not provide the written comments within 30 days, the SGVCOG may deem the deliverable approved by the CITY.

h. Enforcement of available rights under franchise agreements, state laws, permits, or licenses to cause relocations of any utilities in conflict with the PROJECT, including participation in any litigation needed to enforce such rights; i. Pay 100% of the cost of any betterments as same are defined in Section III.C.5 below;
j. Issue no-fee encroachment permits; and
k. Upon substantial completion of PROJECT or such earlier time that the Parties might agree, take title to all rights-of-way and other properties acquired for the PROJECT that are not otherwise deemed surplus property by the SGVCOG.

8. CITY’s Project Manager shall assist with future grant application(s) as needed for the Phase 1 Work, or for other latter phases of the PROJECT, as necessary by providing clear and concise descriptions of such work, including project budget and schedule, and other necessary data and materials to support timely submission by the SGVCOG or CITY for such grants.

9. Failure to satisfactorily perform the duties and responsibilities stated in Article III.B, as determined by the SGVCOG, may result in penalties up to and including loss of funding and lead to termination of this MOA upon notice to the CITY in accordance with Article V.

47 City Council Agenda Packet, November 20, 2023
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1775716.1
C. Cost Responsibilities of Parties.

1. It is understood by the Parties that if the Phase 1 Work as described is not completed, that the SGVCOG may be required to reimburse LACMTA for any MSP funds expended on the Phase 1 Work and that the SGVCOG is entering into this MOA with the understanding that the MSP Allocation will be its sole financial contribution toward payment for any of the Phase 1 Work.

2. If upon the successful completion of negotiations with the selected consultant(s) and/or contractor(s) or at such earlier date as the Project Managers may agree, but in any event, prior to execution of a contract with the selected consultant(s) and/or contractor(s), it is determined by either Project Manager that the cost of the Phase 1 Work will exceed the total MSP ATP and FLM Allocation, the CITY’s local match contributions, if any, and available other sources of funding, the Project Managers shall meet and determine whether the CITY is willing to fund any deficit in completing the PROJECT, or in the alternative, whether the scope of the PROJECT should be reduced so the MSP ATP and FLM Allocation is sufficient to pay for the cost or is reduced to an amount that the CITY is willing to contribute. In the event that either the PROJECT scope is reduced or the CITY determines to contribute toward the cost thereof, the Parties shall enter into an amendment to this MOA or as applicable, a cooperative agreement to reflect their agreement , with the recognition that approval of any such amendment or cooperative agreement may be subject to the approval of LACMTA.

3. If the Parties cannot reach an agreement on funding of the PROJECT or limiting its scope so there is sufficient funding, either Party may terminate this MOA upon five (5) days written notice to the other Party, which termination shall not be considered arising out of the default of either Party. In the event of any such termination, the Parties shall have no further obligations to each other under the MOA and both shall cease any further work thereon, except that which is reasonably necessary to effectuate the termination. The SGVCOG will be entitled to be reimbursed for all administrative and project management costs and expenses incurred up to the cessation of work and the CITY shall reimburse the SGVCOG for such expenses.

4. If, following commencement of the Phase 1 Work, amendment(s) to the selected consultant’s(s’) contract(s) become necessary and require funding in addition to the amounts allocated under this MOA, and additional funding sources are not identified, the Parties shall meet and confer pursuant to the process identified in paragraph (2) above, but neither Party shall be obligated to provide additional funds. In the case that the Parties cannot reach an agreement on funding the additional Phase 1Work or limiting the scope, the provisions of paragraph (3) above shall apply.

5. During the course of plan preparation, CITY may request SGVCOG to include additional work in Phase 1 Work. Said work shall be considered a "betterment" if it is not directly required by the proposed work shown in Exhibit "B", is not eligible for, or within the scope of, the funding appropriated to SGVCOG for Phase 1 Work as determined by LACMTA, or is not designated as a required mitigation measure for Phase 1 Work. In addition, the term betterment shall include any work that CITY desires to have constructed concurrently with PROJECT and for which SGVCOG is 48 City Council Agenda Packet, November 20, 2023
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able to reasonably accommodate in PROJECT. CITY shall pay One Hundred (100%) Percent of the Project engineering, construction, and administration and project management costs for these CITY requested betterments and a separate agreement shall be executed defining the terms and conditions under which betterment is to be engineered, constructed, financed, operated, and maintained.

6. If existing public and/or private utilities conflict with the construction of PROJECT, CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. SGVCOG will coordinate and inspect the protection, relocation or removal. If there are costs of such protection, relocation or removal that CITY must legally pay, CITY shall pay One Hundred Percent (100%) of the cost of said protection, relocation or removal plus cost of engineering overhead and inspection. Nothing in this agreement shall restrict or affect SGVCOG's right to enter into separ ate agreements with utilities for reimbursements of utility costs for protection, relocation, or removal of their facilities.

7. If applicable, CITY and SGVCOG, jointly, or as may be determined between them, shall be responsible for entering into operation and maintenance agreement(s) with Union Pacific Railroad Company (UPRR), SCRRA/Metrolink, and/or LACMTA for the PROJECT as it relates to the tracks and right-of-way owned by UPRR or LACMTA.

8. Upon completion of all work under this Agreement, SGVCOG will relinquish all ownership and maintenance responsibilities, and all applicable product and construction warranties including the costs and benefits thereof, of all improvements and roadwork included in PROJECT based on the respective rights-of-way of CITY, UPRR, SCRRA/Metrolink, and/or LACMTA and in accordance with the agreement referenced in Section III.C.6.

9. SGVCOG will reimburse CITY for reasonable contracted plan check expenses related to Phase 1 Work. In order to be eligible for reimbursement, said expenses must have prior approval from SGVCOG, and be required due to unavailability, or lack of specific required expertise, of CITY staff to perform the required plan checking.

SGVCOG acknowledges that this activity is an important protection for CITY and will not unreasonably withhold its approval of such expenses. This provision does not include the reimbursement of CITY staff time incurred for managing the CITY’s PROJECT.

10. CITY may require that certain CITY owned materials be salvaged during the course of PROJECT construction. At the time of PROJECT plan approval CITY shall notify SGVCOG of materials to be salvaged including the desired procedure for removal and delivery to a CITY designated storage facility. SGVCOG will include the request in the PROJECT specifications. SGVCOG will not be liable for any costs associated with the subsequent reuse, storage, reclamation, or reinstallation of salvaged materials by CITY, and such activities will be considered delegated to CITY under this Agreement.

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IV. DESIGNATED PROJECT MANAGERS:

A. Every notice, demand, request, or other document or instrument delivered pursuant to this Agreement shall be in writing, and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, or sent by certified United States mail, postage prepaid, return receipt requested, to the addresses set forth below, or to such other address set forth below, or to such other address as a party may designate from time to time.

1. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager:

John Beshay, P.E.

Senior Project Manager
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 373-2693
[email protected]

2. For purposes of this MOA, the City of La Verne designates the following individual as its Project Manager:

Meg McWade
Director of Public Works
City of La Verne
3660 D Street
La Verne CA 91750
(909) 596-8741
[email protected]

3. Additional Parties’ contacts to whom copies of written notices shall be sent shall also include the following individuals:

To SGVCOG:

Marisa Creter
Executive Director
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]

and

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Kevin Lai, P.E.

Director of Capital Projects
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]

To City of La Verne:

Ken Domer
City Manager
City of La Verne
3660 D Street
La Verne CA 91750
(909) 596-8726
[email protected]

B. Either Party may change its Project Manager or contacts upon written notice to the other Party which includes all contact information referenced above . If a provision of this MOA requires participation by a Party’s Project Manager, and such Party’s Project Manager is not available, a designee may be appointed by the applicable Project Manager to participate in his or her place.

V. TERMINATION:

A. Except as otherwise provided in this MOA, this MOA may only be terminated for cause.

If a party believe s that the other party is in default of any material term of this MOA, the non-defaulting party shall give written notice to the defaulting party specifying in reasonable detail the nature of the default. The non-defaulting party shall then have thirty (30) calendar days in which to cure the default. If the default is not cured, in the exercise of reasonable diligence, curable within said thirty ( 30)-day period, then the defaulting party shall promptly commence such cure within thirty (30) calendar days and diligently pursue it to completion, provided that in all instances the cure must be completed within ninety (90) calendar days from the date of the written notice. If the defaulting party does not cure the default within thirty (30) days, or when appl icable, commence the cure within thirty (30) days, then the non-defaulting party may terminate this MOA upon written notice to the defaulting party or exercise any other rights and remedies the non -defaulting party may have under this MOA, including the right to specific performance or other injunctive or equitable relief.

B. Should this MOA be terminated for cause, the SGVCOG shall cease the Phase 1 Work and not incur any additional expenses, except that which are reasonable and necessary to effectuate the termination and in the absence of an agreement between the Parties to the contrary, the CITY shall have no further rights to any allocation of the Phase 1 Funding.

1. Should the MOA be terminated for cause by the CITY or it is determined in a judicial proceeding or other decision that is binding on the Parties that SGVCOG’s 51 City Council Agenda Packet, November 20, 2023
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termination was not for cause , the CITY shall not be required to reimburse the SGVCOG for any MSP funds expended and incurred under this MOA.

2. Should the MOA be terminated by SGVCOG for cause or it is determined in a judicial proceeding or other decision that is binding on the Parties that CITY’s termination was not for cause, the CITY shall be required to reimburse the SGVCOG all MSP funds expended and incurred under this MOA up to the date of such termination and reasonably incurred thereafter in suspending work under this MOA.

VI. INDEMNITY:

A. Neither the SGVCOG, its member agencies, or their respective officers, employees, consultants or volunteers (the “SGVCOG Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY Indemnitees under or in connection with the performance of this MOA.

B. Neither the CITY or its respective officers, employees, consultants or volunteers (CITY Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the SGVCOG Indemnitees under or in connection with the performance of this MOA.

C. The CITY shall indemnify, defend and hold the SGVCOG Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the CITY Indemnitee’s performance or failure to perform the CITY’s obligations under this MOA, unless caused by the negligence or willful misconduct of the SGVCOG Indemnitees.

D. The SGVCOG shall indemnify, defend and hold the CITY Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the SGVCOG Indemnitee’s performance or failure to perform the SGVCOG’s obligations under of this MOA, unless caused by the negligence or willful misconduct of the CITY Indemnitees.

E. The indemnification obligations contained in this Article VI. shall survive any expiration or termination of this MOA.

VII. OTHER TERMS AND CONDITIONS:

A. Entire Agreement. This MOA, along with the applicable funding requirements of the SGVCOG’s agreement with the LACMTA, constitute the entire understanding between the Parties, with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. The MOA shall not be amended except in writing signed by the Parties. The CITY acknowledges that it is familiar with and has been provided an opportunity to review such funding requirements. 52 City Council Agenda Packet, November 20, 2023
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B. Interpretation. Unless otherwise specified herein, the term “days” shall mean business days, and excludes weekends and holidays.

C. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

D. Attorneys’ Fees . In the event that there is any litigation or other legal proceeding between the Parties in connection with this MOA, the prevailing party shall be entitled to its legal costs, including attorneys’ fees.

G. Force Majeure. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, pandemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent the performance of any obligations under this MOA.

H. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

E. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.

F. Assignment. Neither party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other party. Any assignment without consent shall be void and unenforceable.

G. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

H. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporate into this MOA by reference as if fully set forth herein.

I. Successors and Assigns. The terms of this MOA shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective approved successors and assigns.

J. Authority to Execute . The person executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties, and that by doing so the Parties are formally bound to the provisions of this Agreement.

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In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.

CITY OF LA VERNE

By: ___________________________
Ken Domer
City Manager

Date: __________________________

APPROVED AS TO FORM:

_______________________________
Kimberly Hall Barlow
City Attorney

SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS

By: ____________________________
Marisa Creter
Executive Director

Date: __________________________

APPROVED AS TO FORM:

_______________________________
David DeBerry
General Counsel

EXHIBIT A
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EAST SAN GABRIEL VALLEY

SUSTAINABILE MULTIMODAL IMPROVEMENT PROJECT (SMIP)

Project Details

Project Description

The East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) is the result of a partnership between the seven Partner Cities of Azusa, Claremont, Covina, Glendora, La Verne, Pomona, and San Dimas under the leadership of the San Gabriel Valley Council of Governments (SGVCOG). The SMIP’s goals are to provide First/Last Mile connections, active transportation improvements, and bus system infrastructure enhancements throughout the eastern San Gabriel Valley.

The SMIP was assembled in coordination by the City of Glendora and implements First/Last Mile and Active Transportation projects included in the Arrow Highway Multimodal Corridor Plan and Metro’s Gold Line Foothill Extension 2B First/Last Mile Plan. After successfully securing a recommendation from the SGVCOG through LACMTA to receive $14,997,974 in Measure M Multi-Year Subregional Program (MSP) Cycle 2 awarded funds, the Partner Cities selected the SGVCOG to serve as the Project’s lead agency to coordinat e, administer, and manage the design and construction activities for their SMIP Projects on their behalf.

The proposed improvements provide enhanced multimodal connectivity to transit stations, employment centers, schools, and major entertainment and recreational centers which were identified through a series of robust community outreach efforts led by members of East San Gabriel Valley. Specific improvements include protected bike lanes, ADA -compliant access ramps, sidewalk improvements and repairs, bike infrastructure, bus shelter renovations, pedestrian crossing enhancements, improved lighting and landscaping, and construction of a new pedestrian bridge.

Collectively, the SGVCOG’s Partner Cities’ SMIP project includes a total of 16 separate Active Transportation, First/Last Mile, and Bus System Improvement projects with an estimated total project cost of approximately $173,233,295. Considering the magnitude of the SMIP, the awarded $14,997,974 from the MSP Cycle 2 Program combined with the committed local city funds of $12,996,198 will only contribute to the partial complet ion of some of the Partner Cities’ SMIP projects and/or project phases and will thus require the SMIP to be completed in multiple project phases in order to fully deliver all of the SMIP projects. Subsequent phases of the SMIP will be completed using funds that will be secured from various other sources, including local Measure M, Measure R, Proposition C, Enhanced Infrastructure Financing District (EIFD) dollars, earmarks, and competitive grant sources.

Phase 1 of the SMIP has been referred to the following nine Partner City projects and project phases that will be completed using the awarded MSP Cycle 2 funding and local city funds totaling $27,994,172:

1. City of Azusa - San Gabriel Avenue / Azusa Avenue Complete Streets Project (30% P.E.) 55 City Council Agenda Packet, November 20, 2023
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2. City of Claremont - Arrow Highway & Cambridge Avenue Improvements Project (PS&E and Construction)

3. City of Covina - Glendora Avenue & Grand Avenue Complete Streets Project (PA&ED, PS&E, and construction and installation of enhanced bus shelters)

4. City of Glendora - People Movement Project ( Glendora Avenue Project) (PS&E and Construction)

5. City of Glendora - People Movement Project (Little Dalton Wash Project) (PS&E and Construction)

6. City of Glendora - People Movement Project (San Dimas Wash Project) (PS&E and Construction)

7. City of La Verne - Gold Line Transit Oriented Pedestrian Bridge Project (PS&E and Construction)

8. City of Pomona - Transit Improvement Program - Metro Gold Line First/Last Mile Improvements Project (PS&E and partial Construction)

9. City of San Dimas - East/West Multimodal Transportation Route Project (PA&ED and Conceptual Engineering)

Phase 2 and possible later phases of the SMIP have been referred to as all of the project components and phases that could not be completed for the nine projects included under Phase 1 and also the remaining Partner Cities’ seven SMIP projects and/or proje ct phases that would be designed and constructed, once future funds are secured.

MSP Project Nexus & Demonstrated Need

The eastern San Gabriel Valley has a population of over 400,000 and limited active transportation networks. Additionally, substantial regional transportation investments have been made via Metrolink and extension of the Metro A Line. Developing and constructing a coherent active transportation network will capitalize on the generational investments made along the light -rail corridor and represents an unprecedented level of cooperation between the corridor cities. Each partnering city is dedicated to reducing transportation gaps between each other and leveraging the transformative transit investments to make the San Gabriel Valley more equitable and sustainable.

The SMIP focuses on building high-quality active transportation infrastructure where people will bicycle, walk, and connect to transit. Providing high -quality First/Last Mile and Active Transportation facilities will allow people of all ages and abilities in the East San Gabriel Valley to feel more comfortable bicycling and walking. Each Partner City is committing to improve First/Last mile access to transit (Metrolink and Metro Rail) as well as linking to major regional active transportation facilities via flood control channels and major corridors like Arrow Highway.

The SMIP will also link various regional and major destinations in the San Gabriel Valley.

The SMIP contains some of the highest rated active transportation infrastructure. Research by the FHWA and locally generated survey data indicated that users of active transportation facilities overwhelmingly feel safer in low -stress networks. Class I bi cycle and pedestrian facilities eliminate vehicle collisions except at crossings. Crossing improvements, have a crash reduction factor of around 45%. Buffered Class II bicycle lanes can have a reduction factor of up to 35%.

Class IV bicycle lanes can have a crash reduction factor of up to 94%.

Traffic safety and environmental stewardship are the primary benefits of the SMIP. The Metro Gold Line Extension EIR noted that nearly 60% of boarding at the Metro Stations will likely be 56 City Council Agenda Packet, November 20, 2023
56 17
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from modes other than driving. Metro’s onboard surveys show 61% of riders live below the poverty line and with a median income of less than $17,000. Safe active transportation connections to transit helps reduce the burden of vehicle ownership as well as improving public health outcomes. Several low -income census tracts as well as disadvantaged and equity focused communities are located within the project area and will be served by the proposed transportation improvements.

SMIP Project Location Map (Includes all SMIP Projects/Phases) The following figure is a Project Location Map of the proposed SMIP improvements in the seven Partner Cities.

SMIP Phase 1 Estimated Project Costs & Project Funding/Budget

The total cost to complete the nine Projects included under SMIP Phase 1 has been estimated at $80,077,667. Collectively, for SMIP Phase 1 the SGVCOG and its Partner Cities have currently secured $27,994,172 in total funding including: $14,997,974 MSP Cyc le 2 funds ($6,452,974 in Active Transportation Program [ATP] subfunds, $150,000 in Bus System Improvement Program [BSIP] subfunds, and $8,395,000 in First/Last Mile [FLM] subfunds) and local city contributions in the amount of $12,996,198 to complete the SMIP Phase 1 projects and/or project phase(s).

Additional funds will be required to fully complete PS&E, and construction for some of the Cities’ SMIP Phase 1 Projects and funds are currently being sought by the SGVCOG and its Partner Cities through numerous competitive grant applications and earmark requests. A summary of the details for the City’s SMIP Phase 1 Projects’ estimated project costs and budget is shown below:

SMIP Phase 1 Estimated Project Costs & Project Funding / Budget (All Cities) ..
p
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ttikl er,~ .. ,,
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57 City Council Agenda Packet, November 20, 2023
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Project Milestones /
Phases
Total Cost
Estimate
Secured Funding
Additional
Funding
Needed
LACMTA
Measure M Funds Local Agency Total Funding
SGVCOG PM/Admin $1,499,797 $1,499,797 MSP Cycle 2
BSIP
n/a $1,499,797 n/a
PLANNING $90,000 $0 $90,000 $90,000 $0
PA&ED $320,460 $253,649 $136,092 $389,741 ($69,281)
PS&E $5,799,062 $3,232,260 $1,264,198 $4,496,458 $1,302,604 ROW $0 $0 $20 $20 $(20)
CON $72,368,348 $10,012,267 $11,505,888 $21,518,156 $50,850,192 OTHER $0 $0 $0 $0 $0
TOTAL $80,077,667 $14,997,974 MSP Cycle 2 $12,996,198 $27,994,172 $52,083,495

58 City Council Agenda Packet, November 20, 2023
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EXHIBIT B

EAST SAN GABRIEL VALLEY

SUSTAINABILE MULTIMODAL IMPROVEMENT PROJECT (SMIP)

Scope of Work
City of La Verne SMIP Phase 1

City of La Verne

Gold Line Transit Oriented Pedestrian Bridge Project
(MSP Cycle 2 [Active Transportation Program Subfund] Allocation $2,000,000 + MSP Cycle 2 [First/Last Mile Subfund] Allocation $1,000,000)

La Verne SMIP Phase 1 Project Description

The City of La Verne’s SMIP Phase 1 Project - Gold Line Transit Oriented Pedestrian Bridge Project includes completing Plans, Specifications, and Estimates (PS&E) and construction of an Americans with Disabilities Act (ADA) accessible pedestrian bridge that would connect the Metro A (former Gold Line) Line Station to the Pomona Fairplex property to elim inate at -grade pedestrian crossings of Arrow Highway at this location.

The proposed pedestrian bridge in La Verne would connect the Metro A Line station to the Pomona Fairplex property and eliminate the need for pedestrians to cross Arrow Highway at-grade as it is a very wide and busy thoroughfare. This new pedestrian bridge would provide a grade separated street crossing for pedestrians and cyclists to safely access various events such as the LA County Fair, various National Hot Rod Association (NHRA) events, swap meets, and other events that are scheduled at this regional venue.

In addition to completing PS&E efforts, the City’s Phase 1 SMIP project scope for the La Verne Pedestrian Bridge also includes utility coordination, permit processing, and construction (including construction engineering and management, and materials testi ng) of a new pedestrian overpass across both (1) Arrow Highway, a six -lane divided highway with average daily traffic volumes exceeding 24,000 vehicles per day; and (2) Metrolink’s active San Bernardino (SB) Line right of way (the SB Line is also in the planning stages for a second set of tracks at this location).

The proposed pedestrian bridge will provide a safe, alternative connection for pedestrians and bicyclists between Old Town La Verne and Metro’s A Line light-rail station, both located north of Arrow Highway and the Fairplex’s 500 -acre campus south of Arrow Highway, which hosts the annual Los Angeles County Fair, various National Hot Rod Association events, car shows, swap meets, conferences, trade shows, and other significant events. The proposed pedestrian bridge is expected to be approximately 1,500 feet long with an average width of approximately 12 feet. The project will also include lighting, safety railing and fencing, and necessary grading and drainage improvements.

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La Verne SMIP Phase 1 Project Limits/Area & Location Map

The City of La Verne’s SMIP Phase 1 Project is located along, slightly north of Arrow Highway in the City of La Verne. This project limits are between the future La Verne Metro A Line Station location at the northeast corner of the intersection of Arrow Highway/Fairplex Drive to the north, and the north west corner of the Fairplex property, located at the south east corner of Arrow Highway/Fairplex Drive.

La Verne SMIP Phase 1 Estimated Project Costs & Project Funding/Budget

The City of La Verne’s total cost estimate for the City’s SMIP Phase 1 Project is $23,462,000, of which a total of $3,000,000 has been currently secured by the SGVCOG in MSP Cycle 2 Active Transportation Program (ATP) subfunds ($2,000,000) and First/Last Mile (FLM) subfunds ($1,000,000) to complete Plans, Specifications, and Estimates (PS&E). Once PS&E is completed, the remaining $2,300,000 in MSP funds ($1,800,000 in ATP subfunds and $500,000 in FLM subfunds) in addition to $5,800,00 in City funds will sit in reserve until all additional funds necessary to complete the construction phase for the pedestrian bridge have been secured.

Approximately $14,662,000 in additional funding will be required to complete the construction phase to implement the Project and are currently being sought through competitive grant(s) and earmark requests. Details for the City’s SMIP Phase 1 Project’s estimated project costs and budget are shown below:

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City of La Verne - Pedestrian Bridge Project - Phase 1 Funding Project Milestones /
Phases
Total Cost
Estimate
Secured Funding
Additional
Funding
Needed
LACMTA –
Measure M Funds Local Agency Total Funding
SGVCOG PM/Admin
$200,000 $200,000 ATP n/a $200,000 n/a
$100,000 $100,000 FLM n/a $100,000 n/a
PA&ED
$0
$0 $0 $0
$0
$0 $0 $0
PS&E $419,000
$0 $0 $0
$19,000
$400,000 FLM $0 $400,000
ROW $0
$0 $0 $0
$0
$0 $0 $0
CON $22,743,000
$1,800,000 ATP $5,800,000
Earmark & EIFD
$7,600,000
$14,643,000
$500,000 FLM $0 $500,000
OTHER $0
$0 $0 $0
$0
$0 $0 $0
TOTAL $23,462,000 $3,000,000 ATP &
FLM
$5,800,000 $8,800,000 $14,662,000

La Verne SMIP Phase 1 Detailed Project Schedule

Project Schedule: Pedestrian Bridge Construction to begin approximately in FY 2026 (subject to ability to secure funding for construction phase).

Current Project Status: 95 percent PS&E has been completed for the Project.

City of La Verne SMIP Phase 1 Project Milestone Schedule Project Milestones /
Phases Start Date End Date Duration (Months)
PA&ED 11/1/2021 8/31/2023 22
PS&E 11/1/2021 8/31/2023 22
ROW 11/1/2021 8/31/2023 22
CON 6/1/2026 4/1/2030 46
CLOSEOUT 6/1/2030 9/30/2030 4
61 City Council Agenda Packet, November 20, 2023
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EXHIBIT C

CITY OF LA VERNE

EAST SAN GABRIEL VALLEY SUSTAINABILE MULTIMODAL IMPROVEMENT PROJECT (SMIP) Phase 1 Work MSP Funding Allocation

SMIP Phase 1 Work MSP Funding Allocation
City Project MSP
Subfund
ATP & FLM Subfunds
TOTAL FY 2023 FY 2024 FY 2025 FY 2026
La Verne Pedestrian Bridge Project
ATP $ - $ - $ 2,000,000 $ - $ 2,000,000 FLM $ - $ 1,000,000 $ - $ - $ 1,000,000 TOTAL $ - $ 1,000,000 $ 2,000,000 $ - $ 3,000,000

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EXHIBIT D

CITY OF LA VERNE

EAST SAN GABRIEL VALLEY SUSTAINABILE MULTIMODAL IMPROVEMENT PROJECT (SMIP) Phase 1 Funding & Expenditure Plans

SEE ATTACHED

METRO’S PROJECT FUNDING PLAN (ATTACHMENT A)
&

EXPENDITURE PLAN (ATTACHMENT B)

63 City Council Agenda Packet, November 20, 2023
63 City of La Verne, City Council
Agenda Report

DATE: November 20, 2023

TO: Honorable Mayor and City Council

FROM: Sam Gonzalez, Acting Chief of Police

SUBJECT: RENEWAL OF FLOCK SAFETY AGREEMENT FOR AUTOMATED

LICENSE PLATE READER TECHNOLOGY

SUMMARY
On July 18, 2022, City Council provided the City Manager authority to enter into an annual agreement for two-years with Flock Group, Inc., ("Flock”). The contract total was $63,000 for year one and $56,000 for year two. As is common with such subscriptions, Flock has increased their annual subscription price. Flock has agreed to maintain our current contract price if the City renews the agreement with a five-year contract prior to the end of the calendar year.

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into a five - year contract with Flock Group, Inc., in an annual amount of $56,000, not to exceed $280,000 over the five-year term.

DISCUSSION
The La Verne Police Department has deployed Automated License Plate Reader (ALPR) technology for over eight years. ALPR technology has been vital in apprehending wanted persons, stolen vehicles, and other criminal elements entering the City of La Verne. The ALPR system has also increased the solvability of numerous other crimes occurring within the City. Additionally, most of our surro unding cities utilize Flock cameras allowing La Verne Police Department access to their camera system as well.

The data sharing capabilities with adjacent cities significantly enhance s criminal investigations in La Verne, increasing case solvability and efficiency. A recent example of this was provided during a hit and run investigation in the downtown La Verne area where only a description of the suspect vehicle and partial license plate was obtained.

Flock’s software was utilized to search for a match. A match was located with the City of Azusa’s Flock cameras. That full plate was then entered into the system which developed a match entering the City of La Verne. Through investigation, a suspect was identified, and the crime was solved.

Flock offers an all-encompasing, reliable, stand-alone system that is fully maintained by Flock. This prevents City Staff from having to monitor and diagnose issues or send equipment in for repairs. Since initiating an agreement in 2022, Flock has raised their annual per-camera fees. Flock has agreed to maintain the City of La Verne’s current 64 City Council Agenda Packet, November 20, 2023
64 Renewal of Flock Safety Annual Agreement
November 20, 2023

Page 2 ends

contract pricing provided the City signs a new agreement prior to the end of the 2023 calendar year. Staff has determined that Flock is best suited to meet the department's needs and recommends moving forward with a new agreement between Flock and the City.

FISCAL ANALYSIS
Flock has recently adjusted their pricing, raising it from $2,500.00 per camera annually to $3,000.00 per camera annually. By signing a new five -year agreement, the City will maintain the current annual cost at $56,000. This cost encompasses the coverage o f 20 cameras city-wide, along with an extended data retention plan (20 cameras at $2,500.00 equals $50,000, and an additional $6,000 for the extended data retention plan).

Should the City opt to continue on an annual basis, the annual cost will escalate to $66,000, marking a $10,000 increase from the current arrangement. It's important to note that the appropriations for this contract's current year are already accounted for in the Fiscal Year 2023 -24 Adopted Budget within the General Fund , requiring no additional funding. Future year appropriations will be addressed with the annual budgeting process.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
Review by City Attorney’s Office completed and approved.

ATTACHMENTS
- Flock ALPR Agreement
65 City Council Agenda Packet, November 20, 2023
65 Flock Safety + CA - La Verne PD
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
MAIN CONTACT:

Libby Landers
[email protected]
404-777-4113

66 City Council Agenda Packet, November 20, 2023
66 Company Overview
At Flock Safety, technology unites law enforcement and the communi9es they serve to eliminate crime and shape a safer future, together. We created the ﬁrst public safety opera9ng system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situa9onal evidence across an en9re city to solve and prevent crime.

Our connected plaAorm, comprised of License Plate Recogni9on (LPR), live video, audio detec9on, and a suite of integra9ons (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objec9ve answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety opera>ng system *According to a 2019 study conducted by Cobb County Police Department

Introduc>on
Layer Intelligence to Solve More Crime
The pathway to a safer future looks diﬀerent for every community. As such, this proposal presents a combina9on of products that speciﬁcally addresses your public safety needs, geographical layout, sworn oﬃcer count, and budget. These components make up your custom public safety opera9ng system, a connected device network and soWware plaAorm designed to transform real-9me data into a panoramic view of your jurisdic9on and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communi9es you serve.

So@ware PlaBorm
Flock Safety's out-of-box soWware plaAorm collects and makes sense of visual, audio, and situa9onal evidence across your en9re network of devices.
200
0+
120 1B+ <60
%*
communi9es with
private- public
partnerships
incident alerts /
minute
1B+ vehicles detected /
month
<60% local crime
reduc9on in Flock
ci9es
67 City Council Agenda Packet, November 20, 2023
67 Out-of-Box SoWware
Features
Simpliﬁed Search Get a complete view of all ac9vity 9ed to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows oﬃcers to
ﬁlter hours of footage in seconds based on 9me,
loca9on, and
detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search ﬁlters include:
● Vehicle make
● Body type
● Color
● License plates
○ Par9al tags
○ Missing tags
○ Temporary tags
○ State recogni9on
● Decals
● Bumper s9ckers
● Back racks
● Top racks
Na9onal and Local Sharing Access 1B+ addi9onal plate reads each month without purchasing more cameras. Solve cross-jurisdic9on crimes by op9ng into Flock Safety's sharing networks, including one-to- one, na9onal, and statewide search networks.

Users can also receive alerts from several external LPR databases:

California

SVS FDLE
FL Expired
Licenses FL
Expired Tags
FL Sanc>oned
Drivers FL Sex
Oﬀenders Georgia
DOR
IL SOS
Illinois
Leads
NCIC
NCMEC Amber
Alert REJIS
CCIC
FBI
Real-9me Alerts Receive SMS, email, and in-app no9ﬁca9ons for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interac9ve ESRI Map View your AVL, CAD, tra ﬃc, and LPR alerts alongside live on- scene video from a single interac9ve map for a
birdseye view of ac9vity in your jurisdic9on.

Vehicle Loca9on Analysis Visualize sequen9al Hot List alerts and the direc9on of travel to guide oﬃcers to ﬁnd suspect vehicles faster.
68 City Council Agenda Packet, November 20, 2023
68 Out-of-Box SoWware Features
(Con9nued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance repor9ng to easily prove ROI, discover crime and traﬃc pakerns and priori9ze
changes to your public safety strategy by using data to determine the most signiﬁcant impact.

Na9ve MDT Applica9on Download FlockOS to your MDTs to ensure oﬃcers never miss a Hot List alert while out on patrol.

Hot List Akachments
Akach relevant informa9on to Custom Hot List alerts.

Give simple, diges9ble context to Dispatchers and Patrol Oﬃcers responding to Hot List alerts so they can act
conﬁdently and drive beker outcomes. When you create
a custom Hot List Alert, add case notes, photos, reports, and other relevant case informa9on.

Single Sign On (SSO) Increase your login speed and informa9on security with Okta or Azure Single Sign On (SSO). Quickly access cri9cal informa9on you need to do your job by elimina9ng the
need for password resets and steps in the log-in process. 69 City Council Agenda Packet, November 20, 2023
69 SoWware Add-Ons
Advanced Search Package Unlock more leads and build stronger cases with minimal evidence on the front-end of your
inves9ga9ons with Advanced Search features:
● Visual Search - Upload any digital image
and transform it into an inves9ga9ve lead
● Mul>-Geo Search - Link a single suspect vehicle
to mul9ple crimes, even without a vehicle
descrip9on or plate number
● Convoy Analysis - Detect suspect
vehicles frequently traveling together
to iden9fy accomplices to serial or
organized crimes
SoWware Integra9ons
Access real-9me incident data in a single ESRI-based map by layering intelligence from your exis9ng data streams into your Flock Safety soWware experience.
● Computer-Aided Dispatch (CAD) Integra>on -
Provide your Dispatchers and Patrol Oﬃcers
with real-9me incident context from 911 calls.

Display CAD events in your Flock Safety Map,
including important incident informa9on like
loca9on, priority, and event type.
● Automa>c Vehicle Loca>on (AVL) Integra>on -
Bring live patrol loca9ons and status into a
single map view, giving dispatchers and patrol
oﬃcers more context to deploy resources
eﬀec9vely and decrease incident response
9mes.
70 City Council Agenda Packet, November 20, 2023
70 License Plate
Recogni9on
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into ac9onable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has ﬁxed and loca9on-ﬂexible deployment op9ons with 30% more accurate reads than leading LPR.*
*Results from the 2019 side-by-side comparison test conducted by LA County Sheriﬀ's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR
camera designed for permanent
placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock
OS plaAorm licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permiqng, installa9on, and
ongoing maintenance
Loca9on-ﬂexible LPR camera
designed for fast, easy self-
installa9on, which is ideal for your
ever-changing inves9ga9ve needs.
√ 1 LPR Camera
√ Unlimited LTE data service +
soWware licenses
√ 1 portable mount with varying-
sized band clamps
√ 1 Charger for internal bakery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and
Vehicle Fingerprint data for
increasing inves9ga9ve leads on high-
volume roadways like highways and
interstates.
√ 1 Long-Rage LPR Camera
√ Compu9ng device in protec9ve
poly case
√ AC Power
√ Permiqng, installa9on, and
ongoing maintenance
71 City Council Agenda Packet, November 20, 2023
71 Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communi9es that celebrate the hard work of those who serve and protect. We don’t disappear aWer contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscrip9on service.

Implementa9on Meet with a Solu9ons Consultant (former LEO) to build a deployment plan based on your needs. Our Permiqng Team
and Installa9on Technicians will work to get your device network approved, installed, and ac9vated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the
plaAorm, while our customer support team will assist
with needs as they arise.

Maintenance We proac9vely monitor the health of your device network.

If we detect that a device is oﬄine, a full-9me technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon
Flex devices.

Public Rela9ons Government Aﬀairs
Get support educa9ng your stakeholders, including city
councils and other governing bodies.

Media Rela9ons
Share crimes solved in the local media with the help of our Public Rela9ons team.
72 City Council Agenda Packet, November 20, 2023
72 EXHIBIT A

ORDER FORM
Hardware and Software Products
Annual recurring amounts over subscription term
Customer: CA - La Verne PD Initial Term: 60 Months
Legal Entity Name: CA - La Verne PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 2061 3rd St La Verne, California 91750 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 365 Days
Item Cost Quanti
ty
Total
Flock Safety Platform $56,000.00
Flock Safety Flock OS
FlockOS ™ Includ
ed
1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Includ
ed
20 Included
Flock Safety Platform Add Ons
Extended data retention (Up to 1 Year) $300.
00 20 $6,000.00
Professional Services and One Time Purchases
Item Cost Quanti
ty
Total
One Time Fees
Subtotal Year 1: $56,000.0
0 Annual Recurring Subtotal: $56,000.0
0 Discounts: $50,000.0
0 Estimated Tax: $0.00
Contract Total: $280,000.
00 f i'ock safety
73 City Council Agenda Packet, November 20, 2023
73 Billing Schedule
*Tax not included
Discounts
Billing Schedule Amount
(USD)
Year 1
At Contract Signing $56,000.00
Annual Recurring after Year 1 $56,000.00
Contract Total $280,000.00
Discounts Applied Amount
(USD)
Flock Safety Platform $50,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
74 City Council Agenda Packet, November 20, 2023
74 Product and Services Descrip>on
FlockOS Features & Descrip>on
Package: Essen9als
Flock Safety Platform
Items
Product
Description
Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service
Description
Installation on
existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services -
Standard Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation
Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you.

Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera 75 City Council Agenda Packet, November 20, 2023
75 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - La Verne PD
By: By:

Name: Name:

Title: Title:

Date: Date:

PO Number:
76 City Council Agenda Packet, November 20, 2023
76 Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 16 day of October 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as 77 City Council Agenda Packet, November 20, 2023
77 exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1. “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

2. “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

3. “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

5. “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

6. “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

7. “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

8. “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein. 78 City Council Agenda Packet, November 20, 2023
78 9. “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

10. “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

11. “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

12. “Installation Services” means the services provided by Flock for installation of Flock Services.

13. “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

14. “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

15. “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
79 City Council Agenda Packet, November 20, 2023
79 2. SERVICES AND SUPPORT

1. Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2. Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

3. Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”
).

4. Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 80 City Council Agenda Packet, November 20, 2023
80 5. Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

6. Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

7. Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
81 City Council Agenda Packet, November 20, 2023
81 3. CUSTOMER OBLIGATIONS

1. Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

2. Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

1. Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

2. Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, 82 City Council Agenda Packet, November 20, 2023
82 text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

3. Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

1. Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any 83 City Council Agenda Packet, November 20, 2023
83 such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

2. Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
84 City Council Agenda Packet, November 20, 2023
84 3. Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

1. Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

2. Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

3. Intentionally Omitted.

4. Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or 85 City Council Agenda Packet, November 20, 2023
85 withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

1. Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

2. Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

3. Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. 86
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86 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

1. Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

2. Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https:// www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock
Hardware.

3. Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

4. Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY , AND FLOCK’S SOLE LIABILITY , WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 87 City Council Agenda Packet, November 20, 2023
87 PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

5. Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

6. Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

1. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY ,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY , PRODUCT LIABILITY , OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY , INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/

OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GA VE RISE TO THE LIABILITY , IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 88 City Council Agenda Packet, November 20, 2023
88 LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY , THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

2. Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

3. Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

1. Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at 89 City Council Agenda Packet, November 20, 2023
89 Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

2. Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

3. Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/ reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

4. Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

5. Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
90 City Council Agenda Packet, November 20, 2023
90 1. Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

2. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

3. Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

4. Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or
feature.

5. Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. 91 City Council Agenda Packet, November 20, 2023
91 6. Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

7. Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

8. Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

9. Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

10. Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 92 City Council Agenda Packet, November 20, 2023
92 11. Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

12. Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

13. Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

14. Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

15. Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

16. Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
93 City Council Agenda Packet, November 20, 2023
93 FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected] Customer
NOTICES ADDRESS:

AD
DR
ATT
N:EM
AIL
94 City Council Agenda Packet, November 20, 2023
94 EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and 95 City Council Agenda Packet, November 20, 2023
95 (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
96 City Council Agenda Packet, November 20, 2023
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97 City Council Agenda Packet, November 20, 2023
97 City of La Verne, City Council
Agenda Report

DATE: November 20, 2023

TO: Honorable Mayor and City Council

FROM: JR Ranells, Assistant City Manager

SUBJECT: RESOLUTION 23 -80 APPROVING A CLASS SPECIFICATION FOR

WATER UTILITY WORKER I, WATER UTILITY WORKER II, WATER

UTILITY WORKER III, LEAD WATER UTILITY WORKER, AND POLICE

CORPORAL

SUMMARY
As part of recent negotiations with the La Verne City Employees’ Association and the La Verne Police Officers’ Association, it was agreed to add and/or update new classification titles to accurately reflect position roles and responsibilities.

RECOMMENDATION
It is recommended that the City Council a dopt the attached Resolution titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, APPROVING A CLASS SPECIFICATION

FOR WATER UTILITY WORKER I, WATER UTILITY WORKER II, WATER UTILITY WORKER III, LEAD WATER UTILITY WORKER, AND POLICE CORPORAL.”

DISCUSSION
The classifications responsible for water system repair and upkeep are currently combined with street and park maintenance positions as Maintenance Workers.

However, the specialization of duties and requisite certifications required for water system maintenance prompted a desire to separately create a water specific classification series during recent negotiations with the La Verne City Employees’ Association (CEA).

During negotiations with the La Verne Police Officers’ Association (POA), there was a desire to formally recognize the rank of Police Corporal. While the rank above Police Officer has traditionally been referred to as Corporal for the last several years by name, the official title in the City’s classification schedule and associated salary chart has been Senior Police Officer. This change simply represents the accurate position name and brings the City in line with other police departments.

FISCAL IMPACT
The recommended action has no fiscal impact as no new employees are being hired and no additional increases to separately approved compensation is being requested.

ENVIRONMENTAL IMPACT
Not applicable.

98 City Council Agenda Packet, November 20, 2023
98 CEA & POA Classification Updates
November 20, 2023

Page 2 ends

LEGAL REVIEW
This report was reviewed and approved by the City Attorney.

ATTACHMENTS

1. Resolution 23-80

2. Water Utility Worker I, II, & III Job Classification

3. Lead Water Utility Worker Job Classification

4. Police Corporal Job Classification
99 City Council Agenda Packet, November 20, 2023
99 RESOLUTION NO. 23-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY

OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A CLASS

SPECIFICATION FOR WATER UTILITY WORKER I, WATER UTILITY WORKER II,

WATER UTILITY WOKER III, LEAD WATER UTILITY WORKER, AND POLICE

CORPORAL

BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. The class specification for Water Utility Worker I, II, III attached hereto and hereby incorporated herein, is adopted.

Section 2. The class specification for Lead Water Utility Worker attached hereto and hereby incorporated herein, is adopted.

Section 3. The class specification for Police Corporal attached hereto and hereby incorporated herein, is adopted.

Section 4. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 20th of November, 2023.

________________________________
Mayor Tim Hepburn
ATTEST:

_________________________________
Lupe Estrella, Assistant City Clerk

I hereby certify that the foregoing Resolution No. 23-80 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Lupe Estrella, Assistant City Clerk
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City of La Verne, CA 1 of 4

JOB DESCRIPTION

Water Utility Worker I
Water Utility Woker II
Water Utility Worker III

DEPARTMENT: Public Works DATE: November 2023

SUMMARY: Under immediate (Water Utility Worker I) or general (Water Utility Worker II & III) supervision, performs a variety of duties involved in the maintenance, repair, installation, and construction of the water distribution system or sewer transmission system and associated areas; and performs related work as required.

CLASS CHARACTERISTICS:

Water Utility Worker I. – This is the entry-level classification in the Water Utility Worker series. Initially under close supervision, incumbents learn and perform a variety of duties involved in the maintenance, repair, installation, and construction of the water distribution system and/or the sewer transmission system as well as associated areas. As experience is gained, assignments become more varied, complex, and difficult; close supervision and frequent review of work lessen as an incumbent demonstrates skill to perform t he work independently. Positions at this level usually perform most of the duties required of the positions at the Water Utility Worker II level but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods. Work is usually supervised while in progress and fits an established structure or pattern.

Water Utility Worker II. – This is the fully qualified journey-level classification in the Water Utility Worker series.

Positions at this level are distinguished from the Water Utility Worker I by the performance of the full range of duties as assigned, working independently, and exercising judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. Positions at the Water Utility Worker I I level are normally filled by advancement from the Water Utility Worker I level; progression to the Water Utility Worker II level is dependent on (i) management affirmation that the position is performing the full range of duties assigned to the classification; (ii) satisfactory work performance; and (iii) the incumbent is meeting the minimum qualifications for the classification including possessing any necessary licenses and/or certifications.

Water Utility Worker III. – This is the advanced journey-level classification in the Water Utility Worker series.

Positions in this class are normally filled by promotion from the Water Utility Worker II classification.

Appointment to Water Utility Worker III requires that the employee have the demonstrated ability to perform the full range of departmental skilled and technical duties and the qualification standards for the classification. Work in this class is distinguished from the Water Utility Worker II class by the employee’s ability to function under general direction with minimal supervision or oversight from management or supervisory staff. Duties may include direct and indirect technical supervision of lower-level maintenance field personnel.

Water Utility Worker I, II, & III City of La Verne, CA 2 of 4 duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitu te an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:

• Installs, renews, and disconnects water services; repairs service leaks; installs and repairs mains, laterals, valves, and fittings; installs and repairs hydrants; reads, replaces, repairs, and rebuilds meters; turns on and off main line valves, hydrants, and fire service lines; installs tanker meters to hydrants; exercises valves and hydrants.
• Participates in hydro-jetting excavation for the utilities division; safely excavates around underground utilities; performs confined space entry as required.
• Raises vault lids and value caps; forms, pours, and finishes concrete around hydrants in alleys and sidewalks and around meter boxes; lays asphalt; installs and repairs fences and gates; installs shoring in ditches.
• Operates a variety of technical, hydraulic, pneumatic, or motorized equipment to maintain or operate utility systems.
• Paints piping, walks, building interiors and exteriors, gates, and other structures; performs welding, fabrication of pipelines, and pipefitting.
• Observes safety precautions regarding traffic control, confined space, trenching, excavating, and power equipment operation; sets up traffic control equipment; directs traffic in the street during construction processes.
• Drives vehicles to work sites and dumping areas; loads vehicles on trailers and hauls trailers to worksites; loads and unloads material and debris from dump trucks and pickup trucks. • Performs a variety of skilled and semi-skilled tasks in the construction, maintenance, and servicing of City water and sewer systems; performs maintenance and repair activities on water system and sewer system facilities; removes debris, and repairs and/or replaces damaged pipe. • Interprets and applies technical information from manuals, drawings, specifications, layouts, blueprints, and schematics; draws maps and records measurements.
• Removes concrete, sets forms, pours, and finishes concrete to repair curbs, gutters, driveways, and sidewalks.
• Removes asphalt and installs temporary asphalt concrete repairs, sprays emulsion. • Performs landscape duties at pump and reservoir sites. • Operates a variety of equipment and vehicles including pickup and dump trucks, tractors, loaders, back hoes, and air pressure equipment; assists with storm drain cleaning and maintenance; performs routine preventive maintenance on equipment and vehicles as assigned. • Utilizes oxygen and acetylene torch to heat up and/or cut piping for removal; solders copper plumbing; occasionally welds fire hydrants and water pipes.
• Utilizes an underground service locator to accurately mark existing potable and reclaimed water utilities.
• Prepares written and oral reports related to activities and incidents; performs computer data entry. • Assists other divisions and/or departments as directed. • Observes and complies with City and mandated safety rules, regulations, and protocols. • Performs other duties as assigned.

QUALIFICATION GUIDELINES:

Knowledge of:

• Methods, techniques, tools, and the operational characteristics of light and moderately heavy motorized mechanical equipment.
• Safe work methods and safety regulations pertaining to the type of work being performed. • Policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions. • Occupational hazards in the areas of sewer, storm drain, and water maintenance, repair, and construction.
• Operational characteristics of specialized water distribution system and sewer system maintenance and repair.
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Water Utility Worker I, II, & III City of La Verne, CA 3 of 4 • Materials, methods, practices, and equipment used in water distribution systems and sewer transmission systems.
• Materials, methods, practices, and equipment used in street maintenance and repair. • Proper placement of cones, barricades, and warning devices and directing traffic flow at job sites. • Safe driving principles and practices; traffic laws, ordinances, and rules involved in truck and heavy equipment operations.
• City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language to effectively perform the work. • Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.

Ability to:

• Perform semi -skilled and skilled maintenance, construction, and repair work in the area of work assigned.
• Read, interpret, and apply technical information from manuals, drawings, specifications, layouts, blueprints, and schematics.
• Understand, interpret, apply, explain, and ensure compliance with applicable federal, state, and local laws, regulations, policies and procedures, and departmental policies related to work performed. • Perform simple cement and masonry work; perform minor repairs and adjustments to equipment and tools.
• Operate a variety of vehicles and equipment in a safe and effective manner. • Assist in the training of others in the safe operation of tools and equipment. • Understand and follow oral and written instructions.
• Work safely and adhere to principles of safety when working near traffic, in confined spaces, in trenches, or in other environments.
• Perform accurate mathematical calculations.
• Maintain accurate records.
• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines. • Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. • Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education:
• Water Utility Worker I/II: Equivalent to completion of the twelfth (12th) grade supplemented by specialized training in a related field such as construction/maintenance, water distribution, etc. • Water Utility Worker III: Equivalent to the completion of the twelfth grade supplemented by five (5) three (3) unit college level courses in a related field such as water distribution.

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Water Utility Worker I, II, & III City of La Verne, CA 4 of 4 Experience:
• Water Utility Worker I: One (1) year of experience performing construction and/or maintenance work with a public agency, utility district, or similar organization. • Water Utility Worker II: Two (2) years of increasingly responsible experience performing construction and/or maintenance work with a public agency, utility district, or similar organization. • Water Utility Worker III: Three (3) years of experience performing duties comparable to those of a Water Utility Worker II in the City of La Verne.

Licenses and Certifications:

• Water Utility Worker I ,II, & III : Possession of a valid California Driver’s License, to be maintained throughout employment.
• Water Utility Worker I: Possession of, or successful acquisition within 12 months of appointment, a valid California Class A or B Driver’s License, with tanker endorsement as needed, to be maintained throughout employment.
• Water Utility Worker II: Possession of a valid California Class A or B Driver’s License, with tanker endorsement, to be maintained throughout employment.
• Water Utility Worker I: Possession of a valid Grade I (D-1) Water Distribution Operator Certificate issued by the California State Water Resources Control Board . Possession of a valid Grad II (D -2) Water Distribution Operator Certifiate issued by the California State Water Resources Control Board is desirable.
• Water Utility Worker II: Possession of a valid Grade II (D -2) Water Distribution Operator Certificate issued by the California State Water Resources Control Board, to be maintained throughout employment.
• Water Utility Worker III: Possession of a valid Grade III (D-3) Water Distribution Operator Certificate issued by the California State Water Resources Control Board, to be maintained throughout employment.

Residency Requirement:

The City may require employees assigned to the water/sewer division to reside within a twenty-five (25) to thirty (30) minute safe driving distance of the La Verne City limits for emergency responses.

PHYSICAL AND MENTAL DEMANDS:

Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; frequently reach, twist, turn, kneel, bend, stoop, squat, crouch, grasp, and make repetitive hand movement in the performance of daily duties; possible entry into confined spaces and the use of confined entry equipment, to climb and descend ladders, to operate varied hand and power tools and construction equipment, and to operate a motor vehicle and visit various City sites; and vision to inspect and operate equipment. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, which may include working on live electrical wires. Finger dexterity is needed to operate and repair tools and equipment. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 50 pounds or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff. Employees must wear and use the proper Personal Protective Equipment (PPE).

WORK ENVIRONMENT:

Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, dust, and air contaminants. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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JOB DESCRIPTION

Lead Water Utility Worker

DEPARTMENT: Public Works DATE: November 2023

SUMMARY: Under direction, leads, trains, oversees, and participates in the more complex and difficult work of staff responsible for performing a variety of semi-skilled and/or skilled duties involved in the maintenance, construction, installation, and repair of the City’s water and sewer system infrastructure and equipment; installs, inspects, repairs, and maintains water mains, service lines, water meters, fire hydrants, and related appurtenances used in the distribution of water; uses and operates a variety of manual and power tools and light to heavy power-driven equipment; provides technical and specialized assistance to assigned supervisory and management staff; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from assigned supervisory and/or management personnel. Exercises technical and functional direction over and provides training to less experienced staff.

CLASS CHARACTERISTICS:

This is the most advanced journey level classification in the Water Utility Worker classification series responsible for performing the most complex work assigned. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment. Positions in the classification rely on experience and judgment to perform assigned duties. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to complete assignments. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.

ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not co nstitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:

• Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job.
• Provides technical and functional direction and participates in the work of staff responsible for performing maintenance, construction, installation, and repair of the City’s sewer transmission system as well as water system mains, service lines, and related facilities, infrastructure, and equipment. • Trains employees in work methods, use of tools and equipment, standard operating procedures, and relevant safety precautions; answers questions and concerns from new personnel; provides instruction to and checks work of new hires.
• Monitors quality of work and identifies opportunities for improving service delivery methods and procedures; provides recommendations concerning process changes and staffing levels; implements changes and improvements after approval; updates standard operating procedures and operations and maintenance manuals.
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Lead Water Utility Worker City of La Verne, CA 2 of 4
• Cuts, fits, fabrications, welds, and lays water distribution pipes; inspects, tests, and operates valves, fittings, and related water distribution equipment; inspects water projects for leaks, decayed pipes, and spills.
• Installs, tests, maintains, and repairs fire hydrants; exercises hydrants and valves. • Performs water main shutdown procedures for new construction and repairs of existing water distribution lines; exposes water mains and service lines ensuring safe digging practices; excavates concrete and asphalt surfaces including sidewalks, streets, culverts, and trenches using hand and power tools; backfills and compacts asphalt and gravel fill to grade. • Performs concrete framing and forming; fabricates forms for concrete; pours and finishes concrete; places reinforcing steel and embedded items for building vaults and other concrete structures. • Operates a variety of technical, hydraulic, pneumatic, and light, medium, and heavy-duty equipment, such as skip loaders, dump and Vactor trucks, backhoes, and other power-driven equipment; cleans and performs routine maintenance and repairs on equipment; uses jackhammers, shovels, compressors, and a variety of hand and power tools.
• Performs a full range of maintenance and repair duties on water and sewer facilities including cleaning and flushing of pipelines to ensure water quality, as necessary. • Ensures valves and hydrants are in proper working condition; repairs fire hydrants and flow testing related equipment; performs tests as needed; assists in scheduling daily service and repair work. • Performs turn-ons and shutoffs; responds to water quality complaints, as necessary. • Ensures appropriate safety rules, equipment, and proper work techniques are followed; installs and removes various types of trench shoring; performs duties in confined spaces, utilizing departmental safety equipment in accordance with City policies and procedures; repairs trench failures. • Loads and hauls vehicles and trailers to worksites; sets up worksites, including proper positioning of equipment, materials, barriers, and traffic-control devices; ensures traffic and pedestrian controls and re-routing of heavy traffic at work sites complies with City and mandated guidelines; directs traffic at work sites; removes traffic control, materials, and equipment and unloads materials and debris upon job completion.
• Maintains a variety of records, logbook entries, and reports; works from land plans, maps, valve books, sketches, blueprints, and work orders.
• Responds to after-hours emergencies and assists other staff or the public as needed in emergency or relief situations; performs on-call, stand-by duty as needed. • Assists utilities division staff in related activities including but not limited to painting, landscaping, general cleaning, chlorinating wells and reservoirs, and installing and repairing fencing. • Observes and complies with City and mandated safety rules, regulations, and protocols. • Performs other duties as assigned.

QUALIFICATION GUIDELINES:

Knowledge of:

• Principles of providing functional direction and training. • Principles, practices, equipment, and materials used in the construction, installation, maintenance, and repair of water transmission and distribution systems including water mains, service lines, water meters, hydrants, and related equipment and facilities. • Principles, practices, equipment, and materials used in the construction, installation, maintenance, and repair of sewer transmission systems.
• Operation and minor maintenance of a variety of vehicles, hand and power tools, and light to heavy power equipment including concrete saws, grinders, jackhammers, loaders, dump trucks, forklifts, and backhoes.
• Functions of distribution water systems, recycled water systems, and sewer systems. • Fabrication and welding principles and practices.
• A variety of fittings, pipe sizes, and pipe types which are used in water distribution systems. • Basic traffic control procedures, traffic laws, and traffic sign regulations. • Underground Service Alert (USA Dig-Alert) procedures. • Basic arithmetic.
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• Methods of trench shoring and confined space entry.
• Principles and procedures of recordkeeping.
• Applicable federal, state, and local laws, rules, regulations, ordinances, and procedures relevant to assigned area of responsibility.
• City and mandated safety rules, regulations, and protocols. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.

Ability to:

• Plan, organize, and coordinate the work of assigned staff. • Effectively provide staff leadership and work direction. • Inspect the work of others and maintain established quality control standards. • Train others in proper and safe work procedures.
• Perform semi-skilled and skilled work in the construction, installation, maintenance, testing, and repair of water transmission and distribution systems including water mains and services, water meters, fire hydrants, and related equipment and facilities involved in water hook-ups. • Read and interpret plans, blueprints, schematics, layouts, and maps. • Locate underground utilities in accordance with Underground Service Alert (USA Dig Alert) regulations.
• Excavate concrete, pavement, and soil materials; backfill trenches with appropriate materials. • Assist water production and field customer service staff in related activities. • Safely and effectively use and operate a variety of power and hand tools, mechanical equipment, and light to heavy equipment used in water distribution and sewer system maintenance. • Apply safe work practices including traffic control procedures and confined space entry procedures. • Perform basic mathematical computations.
• Troubleshoot maintenance problems and determine materials and supplies required for repair. • Respond effectively to emergency situations.
• Perform heavy manual labor.
• Maintain accurate logs, records, and basic written records of work performed. • Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education:

Equivalent to completion of the twelfth (12th) grade, supplemented by specialized training in construction and maintenance methods and practices.

Experience:
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Lead Water Utility Worker City of La Verne, CA 4 of 4

Three (3) years of increasingly responsible experience in the installation, maintenance, and repair of water distribution systems and sewer transmission systems at a level equivalent to the City of La Verne’s classification of Water Utility Worker II.

Licenses and Certifications:

Possession of a valid Commercial Class “A” or “B” California Driver’s License, to be maintained throughout employment.

Possession of a valid Grade III (D-3) Water Distribution Operator Certificate issued by the California State Water Resources Control Board, to be maintained throughout employment.

PHYSICAL AND MENTAL DEMANDS:

WORK ENVIRONMENT:

Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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City of La Verne, CA 1 of 2

JOB DESCRIPTION

Police Corporal

DEPARTMENT: Police Department DATE: November 2023

SUMMARY: To serve as a senior patrol officer providing field training conducting law enforcement investigations and performing general law enforcement and crime prevention work to control traffic flow and enforce state and local traffic regulations to perform investigative work to participate in and provide support and assistance to special department crime prevention and enforcement programs.

SUPERVISION RECEIVED AND EXERCISED
General supervision is provided by a Police Sergeant . Technical or functional supervision may be provided by higher level police personnel. Assignment may require supervision of sworn or non-sworn personnel.

ESSENTIAL FUNCTIONS:

Depending upon assignment, duties may include but are not limited to the following:

Patrol and Traffic Safety
• Serve as field training officer providing instructional guidance to trainee officers in general law enforcement and crime prevention.
• As a patrol officer, to patrol City in radio equipped car answer calls for the protection of life and property and the enforcement of City, County, and State laws; may conduct both preliminary and follow-up investigations of disturbances, prowlers, burglaries, thefts, hold-ups, vehicle accidents, death and other criminal incidents.
• Respond to calls related to traffic incidents and any other required emergencies; observe, monitor, and control routine and unusual traffic conditions; assist and advise motorists and enforce traffic safety laws.
• Make arrests as necessary; interview victims, complainants and witnesses; interrogate suspects, gather and preserve evidence; testify and present evidence in court. • Contact and cooperate with other law enforcement agencies in matters relating to the apprehension of offenders and the investigation of offenses.
• Prepare reports of arrests made, activities performed, and unusual incidents observed. • Stop drivers who are operating vehicles in violation of laws, warn drivers against unlawful practices, issue citations, and make arrests as necessary.

EXAMPLE OF DUTIES
• Check buildings for physical security.
• Search, fingerprint, and transport prisoners.
• Direct traffic at fires, special events, and other emergency or congested situations. • Maintain contact with citizens regarding potential law enforcement problems and preserve good relationships with the general public.
• Assist in the performance of special investigative and crime prevention duties as required. • Perform warrant officer duties as assigned; maintain an up to date account of recalled, currently active warrants, and suspect addresses; coordinate the service of warrants within the City and with outside agencies; provide functional guidance to clerical staff involved in warrant processing; keep up to date on laws and procedures required for processing warrants. 109
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Police Corporal City of La Verne, CA 2 of 2

Investigator
• Coordinate and conduct complete and detailed investigations of crimes involving juveniles and adults, crimes against persons, and property and crimes involving vice gaming and narcotics violations.
• Participate in all normal enforcement activities including enforcing local and State laws issuing citations, making arrests, and transporting prisoners.
• Perform undercover and surveillance activities.
• Prepare investigative reports and case information as well as provide evidence and testimony in court.
• Answer questions from the public concerning local and State laws, procedures, and activities of the department.
• Interview victims, complainants, witnesses, and suspects. • Collect, preserve, and maintain evidence and property found that is involved with suspected crimes. • Serve warrants and subpoenas.
• Develop and maintain good relationships with the public including informants and contacts which may be helpful in criminal investigations.
• Perform related duties as assigned.

QUALIFICATIONS:

Knowledge of
• Police methods and procedures.
• Departmental rules and regulations.
• Criminal law with particular reference to the apprehension arrest and custody of persons committing misdemeanors and felonies.
• Principles and practices of training.

Ability to
• Observe accurately and remember faces, numbers, incidents, and places. • Use and care for firearms.
• Think and act quickly in emergencies and judge situations and people accurately. • Understand and interpret laws and regulations.
• Prepare accurate and grammatically correct written reports. • Utilize standard broadcasting procedures of a police radio system. • Establish and maintain cooperative working relationships with those contacted in the course of work. • Understand and carry out oral and written directions.

Experience and Education
Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be

Experience:
• Two years of experience at the level of Police Officer.

Education:
• Equivalent to completion of twelfth grade.

License or Certificate:
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City of La Verne, City Council
Agenda Report

DATE: November 20, 2023

TO: Honorable Mayor and City Council

FROM: Kimberly Hall Barlow, City Attorney

SUBJECT: RETAINER AGREEMENT REGARDING PER- AND

POLYFLUOROALKYL SUBSTANCES (PFAS) LITIGATION

SUMMARY
The City of La Verne has been notified that it is part of a class of water systems which have tested positive for per - and polyfluoroalkyl substances (PFAS). Two proposed settlements in multi -district litigation with manufacturers DuPoint and 3M are curr ently pending. In addition, there are approximately a dozen other manufacturers who are likely liable for potential PFAS contamination in water wells and groundwater. Staff is recommending retention of specialized counsel to assist with making claims in pending lawsuits and representing the City in potential litigation against others.

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to sign, and the Assistant City Clerk to attest, to a retainer agreement for SL Environmental Law Group PC (SL), the Law Office of Kevin Madonna PLLC (KM), Douglas and London, P.C. (D&L), Taft Stettinius & Hollister, LLP (Taft), and Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey P.A. (Levin Papantonio) in connection with pending and anticipated PFAS litigation.

DISCUSSION
Multiple public and private water companies who provide water for public consumption filed lawsuits against the largest manufacturers of PFAS, 3M, DuPont, and others. The cases were consolidated in what is referred to as Multi -District Litigation (“MDL”) in the United States District Court, District of South Carolina, Charleston Division, entitled City of Camden, et al., v. E.I. DuPont de Nemours and Company, et al., No. 2:23 -cv-03230- RMG and City of Camden, et al., City of Camden, et al., v. 3M Company, et al., No. 2:23- cv-03147-RMG. Proposed settlements have been preliminarily approved by the court in these cases in late August 2023, followed by the issuance of notice to all eligible water systems about the settlements and relevant deadlines to “opt out” of the settlements and for potential claim deadlines. The City is a class member due to a recent PFAS positive test in city wells. While the detected amount is quite small, any measurable amount of PFAS in any city water makes the City part of the class of plaintiffs that the settlements are designed to compensate to provide for removal and disposal of PFAS in the City’s water supply. These two settlements involve over $13 billion dollars to be distributed among at least 4 ,200 different water systems, and the claiming process is complicated, with a short time line for claims after approval of the settlements.

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Retainer Agreement for PFAS Litigation
November 20, 2023

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In addition to these two large settlements, a number of other manufacturers of PFAS are still subject to suit over PFAS contamination in water supplies. In addition, there may be litigation against all manufacturers in the future over non-water contamination, such as in soils or buildings.

Staff has consulted with a group of law firms with particularized expertise in groundwater contamination claims and class settlements to assist staff in submitting claims in the currently pending settlements, as well as to work with the City, and other cit ies, on litigation against other manufacturers. SL Environmental Law Group PC (SL), the Law Office of Kevin Madonna PLLC (KM), Douglas and London, P.C. (D&L), Taft Stettinius & Hollister, LLP (Taft), and Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey P.A. (Levin Papantonio) (collectively the Firms) have agreed to provide such services to the City based on a bifurcated contingent fee retainer.

For assisting staff with research, data collection and claim submission in connection with the 3M and Dupont settlements, the Firms will be paid an 18% contingency fee, out of which any fees due to class counsel in those two cases will also be paid. For claims not yet involved in litigation, the Firms will be paid a 25% contingency fee, out of which any fees to other attorneys involved will also be paid.

Because of their expertise and limitations on City resources to compile claim materials and to litigate additional claims, staff recommends the Firms be retained to provide these services.

FISCAL ANALYSIS
The fiscal impact of this action is unknown at this time, however fees and costs would be paid out of any settlement or judgment received by the City.

ENVIRONMENTAL ANALYSIS
Not applicable for this item.

LEGAL REVIEW
The City Attorney has prepared this report and reviewed and approved the proposed retainer agreement.

ATTACHMENTS
- Retainer Agreement
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LEGAL SERVICES AGREEMENT
I. INTRODUCTION
A . RECITALS.

1. This Legal Services Agreement (“LSA” or “Agreement”) is made by and among the City of La Verne (the “CITY”), SL Environmental Law Group PC (SL), the Law Office of Kevin Madonna PLLC (KM), Douglas and London, P.C. (D&L), Taft Stettinius & Hollister, LLP (Taft), and Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey P.A. (Levin Papantonio). SL, KM, D&L, Taft, and Levin Papantonio are collectively referred to as the “Firms.” The Firms and the CITY are collectively referred to as the “Parties.”

2. The purpose of this LSA is (i) to enter into an attorney-client relationship between the CITY and the Firms for the purpose of investigating and assessing potential claims arising out of the presence of per- and polyfluoroalkyl substances (“PFAS”) contaminants in water supply wells affecting the CITY’s water systems or other CITY property; and (ii) to provide for the terms and conditions for the representation of the CITY in any civil action that may be filed in the Superior Court or United States District Court (“Legal Action”).

3. This Agreement is required by California Business and Professions Code section 6147 and is intended to fulfill the requirements of that section.

II. INVESTIGATION AND ASSESSMENT OF POTENTIAL CLAIMS
A. PRE-LITIGATION SCOPE OF SERVICES.

1. Contaminants. The CITY has detected the presence of certain PFAS compounds (the “Contaminants” or “Contamination”) during testing of groundwater wells. The engineering, construction, operation and maintenance of systems to treat contamination in affected wells and/or other property will likely result in significant financial costs to the CITY.

2. Investigation. The CITY has retained the Firms to assist it in investigating the presence of the Contaminants throughout its systems and potential sources of the Contamination, evaluating the potential to recover the costs associated with the Contamination, providing legal advice associated with potential causes of action that could be asserted against responsible parties, and representing the CITY in any Legal Action against parties potentially responsible for the Contamination.

B. PRE-LITIGATION COSTS AND FEES.

1. The CITY. All pre-litigation costs associated with water sampling, laboratory testing and engineering expenses incurred in the ordinary course of operations shall be paid directly by the CITY.
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2. The Firms. All costs and fees incurred by the Firms during any pre- litigation investigation shall be paid directly by the Firms.

3. Recovery of Pre-Litigation Costs and Fees. Nothing contained herein should be interpreted to preclude seeking recovery of such fees and costs incurred by any Party as part of any Legal Action that may be filed pursuant to this Agreement. In addition, if the Firms file any Legal Action, the Firms may use the time incurred for any investigation contemplated herein to support the reasonableness of this Agreement.

C. RETENTION OF FIRM RATHER THAN PARTICULAR ATTORNEYS.

The CITY is retaining the Firms, not any particular attorney, and attorney services to be provided to the CITY shall not necessarily be performed by any particular attorney.

D. DESIGNATION.

The Firms and the CITY will designate specific points of contact to coordinate various stages of investigation and litigation. These designations are intended to establish a clear line of communication and to minimize potential uncertainty, but not to preclude communication between the CITY and the Firms.

III. LITIGATION SERVICES
A. LITIGATION SERVICES TO BE PROVIDED.

1. Inclusions. It is the intent of the Parties that the Firms shall represent the CITY in a one or more civil actions for damages in the United States District Court as well as in any proceeding by writ or appeal related to that action. The legal services to be provided by the Firms consist of representation of the CITY with respect to:
a. The contamination of drinking water supplies or other property by the Contaminants or other contaminants identified during the investigation stage described in Section II of this Agreement, as approved by the CITY and the Firms. b. Claims and/or actions for damages sustained by the CITY as a result of, among other things, actual or threatened conduct relating to contamination of groundwater, the loss of use of groundwater, the impairment of water rights, the replacement of drinking water supplies, and any past, present, and future costs incurred to construct and maintain systems that can remove the Contaminants from drinking water, groundwater and/or soil, and any related appeals in such actions, including but not limited to presentation of the CITY’s claims as part of the class action settlements with the DuPont entities and 3M now pending before the MDL Court for approval.

2. Retention; Filing of Legal Action. The filing of any Legal Action pursuant to this Agreement shall be at the discretion of the Parties. Nothing in this Agreement shall be construed as obligating the CITY to retain the Firms in connection with any Legal Action or obligating the Firms to file a Legal Action or any appeal on behalf of the CITY. -2-
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B. LEGAL SERVICES SPECIFICALLY EXCLUDED.

1. Exclusions. Legal services that are not to be provided by the Firms under this Agreement specifically include, but are not limited to, the following:
a. Proceedings before any administrative or governmental agency, department or board, including, but not limited to the California Attorney General, the California Public Utilities Commission, California Department of Water Resources, California Department of Toxic Substances Control, any Regional Water Quality Control Board and/or the California State Water Resources Control Board. However, at the CITY’s request, the Firms (via relevant designees) shall endeavor to appear at such administrative proceedings to assist legal counsel for the CITY in resolving administrative matters with the potential to affect, adversely or beneficially, the CITY’s prospects of recovery in the Legal Action. Such assistance will be provided by the Firms without the CITY being assessed any additional attorneys’ fees in connection with such appearance. b. Defending any legal action(s) against the CITY commenced by any person, with the exception of any cross-complaints, counterclaims, or other third-party claims filed in or arising from the Legal Action initiated pursuant to this Agreement. c. Defending any claim against the CITY for unreasonable use of water and/or waste of water.
d. Defending any action concerning water rights.

2. Additional Legal Services. If the CITY wishes to retain the Firms to provide any legal services for additional compensation not provided under this Agreement, a separate written agreement between the Firms, the CITY shall be required.

C. RESPONSIBILITIES OF THE FIRMS, THE CITY.

1. The Firms’ Responsibilities. The Firms shall perform the legal services called for under this Agreement, keep the CITY informed of progress and developments, and respond promptly to the CITY’s inquiries and communications. The Firms shall provide status reports to the CITY on a mutually agreeable schedule, as events reasonably warrant further reporting, and at the further request of the CITY.

2. The CITY’s Responsibilities. The CITY shall cooperate, coordinate, support and assist with the Firms’ litigation efforts and keep the Firms reasonably informed of developments in connection with any Legal Action.

3. Selection of Experts. The Firms and the CITY shall meet and confer regarding selection and retention of experts in the Legal Action. The CITY shall not unreasonably withhold approval of selection and retention of such experts. -3-
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4. Settlement. The Firms shall not settle any Legal Action without the approval of the CITY. The CITY shall have the absolute right to accept or reject any settlement. The Firms shall notify the CITY promptly of the terms of any settlement offer received by the Firms.

5. The CITY’s Agreement Not to Use, Share, or Disclose the Firms’ Materials and Work Product Outside the Context of this Legal Action. Except as may be required by law, the CITY agrees that it shall not use or disclose in any legal proceeding, case, or other context of any kind, other than this Legal Action, or share or disclose to any person not a Party to this Agreement, any documents, work product, or other information made available to or to which the CITY or its counsel acquire access through the Firms or any co-counsel of the Firms, including any fact or expert materials produced and/or generated in any prior discovery proceedings in any litigation involving E. I. du Pont de Nemours and Company, The Chemours Company, and/or the 3M Company, without the express written prior approval and consent of the Firms and all such other co- counsel of the Firms. This paragraph does not limit the CITY from sharing information pertaining to the litigation with the CITY Board of Directors, CITY Legal Counsel, CITY Departments and/or CITY personnel with a need to know such information.

D. ATTORNEYS’ FEES.

1. Contingent Fee. The amount the Firms shall receive as fee for the legal services provided under this Agreement shall consist of a contingent fee (“Contingent Fee”), which shall be calculated as follows:
a. Eighteen percent (18%) of the Gross Recovery (as defined below) obtained by way of the CITY’s participation in the class action settlements with the DuPont entities and 3M now pending before the MDL Court for approval, from which eighteen percent (18%), Firms shall pay any attorneys’ fees due to class counsel as ordered by the court in those cases; and

b. Twenty-five percent (25%) of the Gross Recovery (as defined below) otherwise obtained, from which twenty-five percent (25%), Firms shall pay any attorneys’ fees due to any other counsel as may be ordered by the court.

2. Definitions Relevant to Attorneys’ Fees.
a. “Gross Recovery” means the total value received by the CITY of all Cash Recoveries plus Non-Cash Recoveries, whether awarded by Settlement or Final Judgment. b. “Net Recovery” means the total value received by the CITY after the payment of attorney fees and costs.
c. “Costs” include, but are not limited to, court filing fees, deposition costs, expert fees and expenses, investigation costs, reasonable travel and hotel expenses, messenger service fees, photocopying expenses, and process server fees. Items that are not to be considered -4-
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Costs, and that must be paid by the CITY without being either advanced or contributed to by the Firms, include the CITY’s expenses incurred in providing information to the Firms or defendants or as part of investigation(s).
d. “Final Judgment” means any final, non-appealable court order or judgment terminating any Legal Action filed pursuant to this Agreement and finally determining the rights of any parties to the Legal Action where no issue is left for future consideration or appeal.
e. “Settlement” refers to any voluntary agreement executed by the CITY and any third party to this Agreement, whether resulting from a settlement conference, mediation, or court stipulation, terminating any Legal Action filed pursuant to this Agreement and finally determining the rights of parties to the Legal Action where no issue is left for future consideration or appeal.
f. “Cash Recovery” means, without limitation, the total monetary amount received by the CITY in a Settlement or Final Judgment arising from an actual or threatened Legal Action by the Firms pursuant to this Agreement, including interest of any kind received by the CITY. “Cash Recovery” does not include any Sanctions (as defined below) or civil penalties that may be awarded.
g. “Non-Cash Recovery” means, without limitation, the fair market value of any property delivered to the CITY, any services rendered for the CITY’s benefit, and any other non- cash benefit, including but not limited to the construction, operation, and maintenance of one or more water treatment facilities; delivery of replacement water; modification, alteration, construction or operation of well(s) and/or any part of a public or private water system; or any other types of injunctive and/or equitable relief conferred on the CITY, in a Settlement or Final Judgment of an actual or threatened Legal Action by the Firms pursuant to this Agreement. h. “Present Value” means the interest rate of the one-year treasury bill as reported by the United States Federal Reserve in the weekly Federal Reserve Statistical Release closest in time to the date of the recovery for which the present value is being calculated. i. “Sanctions” means a monetary award or the settlement of a monetary award arising from the discovery abuse or other misconduct of a defendant or a defendant’s attorneys in the Litigation, such a frivolous motions, objections or defenses, or other discovery abuses.

3. Calculation of Non-Cash Recovery.

a. For any Non-Cash Recovery resulting in the receipt of property, the provision of services, or the receipt of other non-monetary benefits by the CITY, such property, services, or other non-monetary benefits shall be deemed for purposes of this Agreement to have been received by the CITY upon the execution of a Settlement or Final Judgment. The value of the services shall be discounted to Present Value.
b. If any Non-Cash Recovery is awarded in a Final Judgment, or before accepting any settlement offer that involves a Non-Cash Recovery, the CITY shall provide the Firms -5- -6
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with its estimate of the value of the Non-Cash Recovery. The Firms shall promptly respond in writing, indicating whether the firms accept said estimate. If the Firms object to the CITY’s estimate, the Parties shall proceed as set forth in Section III.G (“Disagreements Concerning Value of Recoveries”). Nothing herein shall impede or restrict the CITY’s right to include a Non-Cash Recovery in any Settlement, nor the Firms’ right to receive a Non-Cash Recovery.

E. DISTRIBUTION OF PROCEEDS.

1. The receipt of any Gross Recovery or portion thereof on behalf of the CITY shall be received into one of the Firms IOLTA accounts. Once cleared, payment(s) of the Contingent Fee owed to the Firms in accordance with Agreement shall be made no later than seven (7) days after receipt by the CITY of any Gross Recovery. In the event that there is a Final Judgment of all claims against all defendants and payment has been received by the CITY, except there remains in dispute and Final Judgment has not been obtained on a claim for court-awarded costs or attorneys’ fees against the defendants, the CITY will make payment of the Contingent Fee to the Firms based on the Gross Recovery then paid by the defendants and received by the CITY. In this scenario, the Firms will continue the litigation on behalf of the CITY on the remaining issues of court-awarded costs or attorneys’ fees, and the CITY shall not be obligated to make any additional payment to the Firms based on any award of costs or fees ultimately made. Any court-awarded costs or attorneys’ fees, including any costs or fees arising out of any court-imposed sanctions, received by the Firms as part of the Legal Action shall not be treated as part of the Gross Recovery, but shall, in the case of costs, be credited against corresponding costs incurred by the Firms on the CITY’s behalf, or, in the case of fees, credited against the Contingent Fee.

2. The Legal Action may be filed as or become part of a Federal Multi-District Litigation (“MDL”) docket, on which one or more attorneys from the Firms currently, or will in the future, serve on plaintiff management or executive committees, performing work that benefits multiple clients of the Firms, as well as clients of other attorneys involved in similar litigation. As a result, the court or courts where an MDL is pending may order that one or more of the Firms is to receive additional compensation for time and effort which has benefitted all claimants in the MDL. Compensation for this work and effort, known as “common benefit work,” may be awarded to Attorneys and paid out of the MDL court’s assessments against settlements, including settlements on behalf of the CITY and others who have filed claims that are pending in the MDL court. This common benefit compensation is separate and distinct from any Contingent Fee owed under this Agreement.

F. REASONABLE FEE IF CONTINGENT FEE UNENFORCEABLE.

1. Reasonable Fee. In the event of a Final Judgment finding that the Contingent Fee portion of this Agreement is unenforceable for any reason or that the Firms cannot represent the CITY on a Contingent Fee basis, the CITY shall, after a good faith meet and confer process, pay the Firms a reasonable fee for the services rendered.

2. Fee Determination. The Parties shall use best efforts to negotiate a reasonable fee. If the Parties fail to do so, said fee shall be determined by arbitration proceedings before a mutually agreeable arbitration service, but absent such agreement, before the Judicial Arbitration and Mediation Services (JAMS), with any costs of such proceedings born by the CITY and the Firms.
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G. DISAGREEMENTS CONCERNING VALUE OF RECOVERIES.

1. Procedure. In the event the Parties disagree with respect to the value of any Contingent Fee, Net Recovery, Cash or Non-Cash Recovery, Costs (collectively, “Disputed Recoveries”) or settlement offer, and the Parties cannot resolve the disagreement through good faith negotiations, the Parties shall proceed as follows:
a. Each party shall select an appraiser qualified to conduct an appraisal of the value of the Disputed Recoveries or settlement offer within five (5) days of any written notice to the other party advising of a bona fide dispute that cannot be resolved by negotiations. b. Each party’s selected appraiser shall then confer and select a third qualified appraiser within five (5) days of said conference, and the third appraiser shall determine the value of the Disputed Recoveries or settlement offer. c. The third party appraiser shall conduct an appraisal, and the valuation of any Disputed Recoveries or settlement offer shall be final and binding, subject to appeal by arbitration in the case of Disputed Recoveries as provided in Section VI.I (“Arbitration of Disputes”).

2. Expenses. The CITY and the Firms shall each bear the expense of their own selected appraiser, and the CITY and the Firms shall each pay one-half of the expenses of the third appraiser.

H. NEGOTIATED FEE. The CITY is informed that the Attorneys’ Fees provided for herein are not set by law but rather are negotiable between the Firms, the CITY and their respective counsel.

I. DIVISION OF ATTORNEYS’ FEES.

1. Division of Fees; Disclosure. The Firms may divide the fees and/or costs to which it is entitled under this Agreement with another attorney or law firm retained as associate counsel. The terms of such additional division, if any, shall be disclosed to the CITY. The CITY is informed that, under the Rules of Professional Conduct of the State Bar of California, such a division may be made only with the CITY’s written consent after a full disclosure to the CITY in writing that a division of fees shall be made and of the terms of such division. The division of fees among the Firms will be provided by a separate document to the CITY.

2. Retention of Associate Counsel. The Firms may retain associate counsel to assist with litigating a Legal Action pursuant to this Agreement. The attorney or law firm selected by the Firms shall be subject to the CITY’s approval.

J. COSTS.

1. Costs Advanced by the Firms. The Firms shall advance all Costs incurred in connection with the Firms’ representation of the CITY under this Agreement. Costs shall be advanced by the Firms and then paid by the CITY from any Gross Recovery, subject to the limitations and allocation of cost methodology described in Section E.1. The Firms shall notify the -7-
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CITY of the total amount of Costs advanced upon request.

2. Apportionment of Costs. The CITY acknowledges and agrees that Costs may include expenses that benefit both the CITY and other clients of the Firms who are investigating or litigating claims similar to those brought on behalf of the CITY in the Legal Action, including but not limited to the expenses of taking discovery, conducting investigations, and hiring expert witnesses. The expenses that benefit both the CITY and other clients will be allocated among cases pending at the time of settlement or judgment that have not yet received final judgment such that the CITY is responsible for only that the portion of such expenses reasonably attributable to the expenses of conducting the Legal Action on behalf of the CITY, and only that portion attributable to CITY shall be treated as Costs in the event of a Net Recovery.

3. Reimbursement; Risk of Loss. The Firms shall be reimbursed for any Costs that are the responsibility of the CITY before any distribution to the CITY. If there is no Cash Recovery or the Gross Recovery is insufficient to reimburse the firms in full for the Costs advance, the Firms shall bear the loss for any Costs not reimbursed under this Agreement.

4. Defense of Attorneys’ Fees and Costs to Third Party. Notwithstanding any provision of this Agreement to the contrary, the Firms shall defend the CITY in any motion seeking an award of Attorneys’ Fees or costs against the CITY in any Legal Action brought under this Agreement. Any costs incurred in such defense shall be treated as Costs for purposes of, and in the manner provided by, this Agreement.

IV. REPRESENTATION OF ADVERSE INTERESTS
A. DISCLOSURE.

1. Duty to Disclose; No Conflicts Identified. If any of the Firms have a relationship with another party with interests adverse to the CITY, or with someone who would be substantially affected by any action taken under this Agreement, the Rules of Professional Conduct require the Firms to disclose that to the CITY so the CITY can evaluate whether that relationship causes the CITY to have any concerns regarding any of the Firms’ loyalty, objectivity, or ability to protect the CITY’s confidential information.

2. Representation of Other Clients; Waiver of Potential Conflicts. a. The CITY understands that currently, and from time to time, the Firms represent other municipalities, governmental agencies, governmental subdivisions, or investor-owned public water utilities in other actions or similar litigation, and that such work is the focus of the Firms’ practice. Further, the CITY understands that the Firms represent other clients in actions similar to what would be brought under this Agreement and against the same potential defendants. The CITY understands that a recovery obtained on behalf of another client in a similar suit against the same defendants could, in theory, reduce the total pool of funds available from these same defendants to pay damages in a Legal Action brought under this Agreement. The CITY understands that the Firms would not take on this engagement if the CITY required the Firms to forgo representations like those described above. The CITY has conferred with its own separate and independent counsel about this matter, and has determined that it is in its own best interests to waive any and all potential or actual -9-
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conflicts of interest that may occur as the result of the Firms’ current and continuing representation of cities and other water supplier in similar litigations, because such waiver enables the CITY to obtain the benefits of the Firms’ experience and expertise. b. The CITY consents that the Firms may continue to handle such work, and may take on similar new clients and matters without disclosing each such new matter to the CITY or seeking the consent of the CITY while representing it.
c. The Firms shall not, of course, take on such other work if it requires the Firms to be directly adverse to the CITY while the Firms are still representing the CITY under this Agreement.

V. TERMINATION
A. DISCHARGE OF ATTORNEY.

1. Right to Discharge. The CITY may discharge the Firms at any time, with or without cause, by written notice effective when received by the Firms. The CITY shall have the right to terminate this Agreement with cause upon the Firms breach of this Agreement or its failure to strictly adhere to the California Rules of Professional Conduct. Unless specifically agreed by the Firms and the CITY, the Firms shall provide no further services and advance no further Costs on the CITY’s behalf after receipt of the notice of discharge. If any or all of the Firms are the CITY’s attorney of record in any proceeding, the CITY shall execute and return a substitution -of-attorney form within a reasonable time after receipt from the Firms.

2. Reimbursement of Costs; Fees. In the event the Firms are discharged without cause before the conclusion of a Legal Action, the CITY shall (i) reimburse the Firms its proportionate share for any and all Costs advanced by the Firms for such Legal Action not later than thirty (30) days from receipt of a reasonably detailed final cost accounting from the Firms, and (ii) upon the conclusion of the Legal Action, pay the Firms a Reasonable Attorneys’ Fee for services performed up to the point of the discharge. Nothing herein shall be construed to limit the CITY’s rights and remedies in the event of a discharge of the Firms for cause, and the CITY reserves the right to withhold payment of attorney’s fees to the Firms to the extent that the Firms are discharged by the CITY for good cause. For purposes of this Section V(A), the term “for cause” shall mean where the Firms have breached this Agreement or otherwise failed to provide legal services that meet professional standards.

B. WITHDRAWAL OF ATTORNEY.

1. Right to Withdraw. The Firms may withdraw from representation of the CITY (i) with the CITY’s consent, (ii) upon court approval, or (iii) if no Legal Action is filed, for good cause upon reasonable notice to the CITY. Good cause includes the CITY’s material breach of this Agreement, the CITY’s unreasonable refusal to cooperate with the Firms or to follow the Firms’ advice on a material matter after elevation of the matter to the CITY’s Board of Directors, or any other fact or circumstance that would render the Firms’ continuing representation unlawful or unethical.

Notwithstanding the Firms’ withdrawal for good cause, the CITY shall remain obligated to pay the Firms and any associated counsel, out of the Gross Recovery if there is a recovery at the time of withdrawal, a Reasonable Fee for all services provided and to reimburse the Firms for all reasonable Costs advanced -10-
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before the withdrawal.

2. Withdrawal Without Cause.
a. The Firms may terminate this Agreement at any time, without cause, by giving the CITY not less than sixty (60) days prior written notice of termination, said notice to specify the effective date of the termination and provide for a reasonable transition of the case, without prejudice to the CITY, to qualified replacement counsel. Where the Firms terminate this Agreement without cause, the Firms shall not be entitled to the recovery of any amount, regardless of the status of any pending Legal Action, and regardless of whether any amounts have been or are subsequently received by the CITY.
b. Any withdrawal by the Firms, with or without cause, shall be subject to California Rules of Professional Conduct, Rule 3-700 which specifies that an attorney “shall not withdraw from employment until [he/she] has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client [and] allowing time for employment of new counsel...”.

VI. TERMINATION
A. LIEN. The CITY hereby grants the Firms a lien, to the extent allowed under California law, on any and all claims or causes of action that are the subject of the Firms’ Contingent Fee and/or Costs advanced under this Agreement. The Firms’ lien shall be for sums owed to the Firms for any unpaid Contingent Fee and Costs at the conclusion of the Firms’ services.

The lien shall attach to any Gross Recovery the CITY may obtain.

B. RELEASE OF THE CITY’S PAPERS AND PROPERTY. Upon the conclusion of services under this Agreement, the Firms shall release promptly to the CITY on request all of the CITY’s papers and property. “The CITY’s papers and property” includes correspondence, deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence, and other items reasonably necessary to the CITY’s representation, regardless of whether the CITY has paid for said documents or property.

C. INDEPENDENT CONTRACTOR. The relationship to the CITY of the Firms, and any associate counsel or paralegal provided through the Firms, in the performance of services hereunder, is that of independent contractor and not that of employee of the CITY, and no other wording of this Agreement shall stand in derogation. The fees and expenses paid to the Firms hereunder shall be deemed revenues or expense reimbursements of the Firms’ offices practices and not remuneration for individual employment apart from the business of the individual Firm’s law offices.

D. DISCLAIMER OF GUARANTEE. Although the Firms may offer an opinion about possible results regarding the subject matter of this Agreement, the Firms cannot guarantee any particular result. The CITY acknowledges that none of the Firms have made promises about the outcome and that any opinion offered by the Firms in the future shall not constitute a guarantee. -11-
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E. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement shall be binding on the parties.

F. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement shall be severable and remain in effect.

G. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing, approved and executed in the same manner as the initial Agreement.

H. RECITALS; TITLES, SUBTITLES, HEADINGS. The recitals to this Agreement are part of this Agreement, but all titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions of this Agreement.

I. ARBITRATION OF DISPUTES. Notwithstanding any other provision of this Agreement, any disputes relating to the Firms’ Contingent Fee and/or arising out of this Agreement may first be submitted to the State Bar’s program for arbitration of fee disputes pursuant to Business and Professions Code section 6200 et seq. If a fee dispute arises, the Firms shall provide the CITY with information about the State Bar program.

J. VENUE IN ACTION ON AGREEMENT. In any dispute relating to the Contingent Fee or other dispute arising out of this Agreement, the venue shall be Los Angeles County, California.

K. GOVERNING LAW. The terms and provisions of this Agreement and the performance of the parties hereunder shall be interpreted in accordance with, and governed by, the laws of the State of California.

L. EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement shall be the date when last executed by all of the Parties. Once effective, this Agreement shall, however, apply to services provided by the Firms on this matter before its effective date.

M. AUTHORITY OF PARTIES. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf each sign.

N. EXECUTION. This Agreement may be executed by transmittal of electronic (.pdf) signature counterparts.

The foregoing is agreed to by:

CITY OF LA VERNE
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By ______________________________
Date
THE FIRMS:

________________________________
SL Environmental Law Group PC Date Alexander Leff

________________________________
Taft Stettinius & Hollister LLP Date Robert A. Bilott

________________________________
Douglas & London Date Michael A. London

________________________________
Levin Papantonio Rafferty Proctor Date Buchanan O’Brien Barr Mougey P.A.

Ned McWilliams

________________________________
Law Office of Kevin Madonna PLLC Date Kevin J. Madonna
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City of La Verne, City Council
Agenda Report

DATE: November 20, 2023

TO: Honorable Mayor and City Council

FROM: Yvonne Duran, Community Services Director
Chris Nigg, Fire Chief

SUBJECT: AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR CRISIS

ASSISTANCE RESPONSE & ENGAGEMENT PROGRAM

SUMMARY
This item seeks City Council authorization to amend the agreement for participation in the San Gabriel Valley Council of Gover nments (SGVCOG) Crisis Assistance Response & Engagement Program (SGV CARE) to co-respond to mental health crisis situations.

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to e xecute a n amended service provider agreement with the San Gabriel Valley Council of Governments for participation in the Crisis Assistance Response & Engagement Program related to an Alternative Response Unit.

DISCUSSION
On July 13, 2021, the Los Angeles County Board of Supervisors (BOS) approved Fiscal Year (FY) 2021-2022 Measure H Funding Recommendations. These recommendations included funding to be allocated to each subregion in the Los Angeles area based on the 2020 point -in-time (PIT) homeless count. Over the period from January 2022 through June 2023, the SGVCOG is scheduled to receive a total of $3.525 million to support programs in the San Gabriel Valley.

In the summer of 2021, SGVCOG conducted outreach to its member agencies to identify the region’s biggest priorities and gaps in the homeless services system. One of the gaps identified was the need for a more immediate response to those experiencing a mental health crisis. In many communities, law enforcement is the first responder for persons experiencing homelessness and/or those experiencing a mental health crisis. To provide an alternative response for law enforcement, the Governing Board of the SGVCOG in August 2021 allocated funding to establish an alternative mobile crisis response program.

The intent of the program is to support the establishment of regional or sub -regional programs that can maximize the reach of funding and services.

In the fall of 2021, the SGVCOG released an application to identify which cities might be supportive of participating in a regional mobile crisis response pilot program. This program would establish alternative mobile crisis teams to respond to certain types of non-violent service calls , including persons experiencing homelessness and those experiencing a mental health crisis rather than the conventional response of law 126
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SGV Cares Agreement Amendment
November 20, 2023

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La Verne City CouncilNovember 20, 2023

La Verne City Council
November 20, 2023