CITY OF INDUSTRY
CITY COUNCIL
REGULAR MEETING CAT OF INDUSTRY Mayor Cory C. Moss
AGENDA
Mayor Pro Tem Cathy Marcucci
1957
Council Member Michael Greubel
MARCH 24, 2022 Council Member Mark D. Radecki
9:00 AM Council Member Newell Ruggles
Location: City Council Chamber, 15651 Mayor Dave Way, City of Industry, California 91744 Addressing the City Council:
NOTICE OF TELEPHONIC MEETING:
Pursuant to AB 361 (Government Code Section 54953(e)), this meeting will be held in person and telephonically. Members of the public can attend the hybrid meeting and offer public comments either in person or telephonically, by calling the following conference call number: 657-204-3264, then entering the following Conference ID: 340 827 519#. Pursuant to the Governor's Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the City Council meeting (including assisted listening devices), please contact the City Clerk's Office at (626) 333-2211 by 5:00 p.m. on Tuesday, March 22, 2022, to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
> Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a three-minute time limit per person for any matter listed on the Agenda.
Public Comments (Non-Agenda Items Only): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a three-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action or a specific item unless it appears on the posted Agenda.
Agendas and other writings:
In compliance with Government Code Section 54957.5(b), staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk of the City Council during regular business hours, Monday through Thursday, 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 pm. City Hall doors are closed between 12:00 p.m. to 1:00 p.m. each day. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 24, 2022
PAGE NO. 1
Call to Order
Flag Salute
Roll Call
4. Public Comments
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action.
5.1 Consideration of the Register of Demands for March 24, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
5.2 Consideration of the minutes of the January 27, 2022 regular meeting RECOMMENDED ACTION: Approve as submitted.
5.3 Consideration of Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas & Associates for sales and use tax services, extending the term through March 28, 2025, updating the rate schedule, the addresses of the City and City Attorney, and the indemnity provisions consistent with best practices for independent contractors RECOMMENDED ACTION: Approve Amendment No. 1 to the
Professional Services Agreement with HdL.
5.4 Consideration of the Housing Element Annual Progress Report RECOMMENDED ACTION: Receive and file the Housing
Element Annual Progress Report for 2021, and direct staff to transmit copies to the California Department of Housing and Community Development and Governor's Office of Planning and Research by email not later than April 1, 2022, as required by State law.
5.5 Consideration of Resolution No. CC 2022-12 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA TO
APPROVE A GENERAL SERVICES AGREEMENT BETWEEN THE CITY
OF INDUSTRY AND THE COUNTY OF LOS ANGELES
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
12 and authorize the Mayor to execute the General Services Agreement with the County of Los Angeles dated July 1, 2022.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 24, 2022
PAGE NO. 2
Consideration of Amendment No. 5 to the Professional Services Agreement with Trimark Associates, Inc., for the Metrolink Solar and Electrical Vehicles Charger Facility, extending term through March 31, revising the rate schedule, increasing compensation by
$100,000.00, revising indemnity provisions, and revising the address of the City (MP 06-18 #10)
RECOMMENDED ACTION: Approve the Amendment.
Consideration of Annual Audited Financial Statements for the Fiscal Year Ended June 30, 2021
RECOMMENDED ACTION: Approve Annual Audited
Financial Statements for FY 20-21.
5.8 Consideration of Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other Matters for the Fiscal Year Ended June 30, 2021
RECOMMENDED ACTION: Approve Independent Auditor's
Report for FY 20-21.
Consideration of Auditor's Communications with the City Council for the Fiscal Year Ended June 30, 2021
RECOMMENDED ACTION: Approve Auditor's
Communication Report for FY 20-21.
5.10 Consideration of Independent Auditor's Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets for the Fiscal Year Ending June 30, 2021
RECOMMENDED ACTION: Approve the Appropriations Limit
Worksheet for FY 20-21.
ACTION ITEMS
Consideration of Appointments for Four (4) Vacant Seats on the Civic Center Design and Development Advisory Committee
RECOMMENDED ACTION: Discuss and make appointments,
two members from the City Council and two members who are City electors to the Civic Center Design and Development Advisory Committee and/or provide additional direction to staff.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 24, 2022
PAGE NO. 3
7. CITY MANAGER REPORTS
8. AB 1234 REPORTS
9. CITY COUNCIL COMMUNICATIONS
10. CLOSED SESSION
10.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Ruiz v. City of Industry
Superior Court of California, County of Los Angeles
Case No. 20STCV29058
10.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Cabanlit v. Con-Way Freight, Inc., et al.
Superior Court of California, County of Los Angeles
Case No. BC656364
10.3 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY TREASURER
10.4 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b) (1)
TITLE: CITY MANAGER
11. Adjournment. The next regular City Council Meeting is Thursday, April 14, 2022, at 9:00 a.m.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 24, 2022
PAGE NO. 4
CITY COUNCIL
ITEM NO. 5.1
CITY OF INDUSTRY
AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF MARCH 24, 2022
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 2,379,130.32
103 PROP A FUND 5,212.04
107 MEASURE W FUND 1,556.25
120 CAPITAL IMPROVEMENTS 689,045.57
TOTAL ALL FUNDS 3,074,944.18
BANK RECAP:
BANK NAME DISBURSEMENTS
BOFA - CKING ACCOUNT 624,362.31
PROPIA PROP A - CKING ACCOUNT 5,212.04
MEAS/W MEASURE W - CKING ACCOUNT 1,556.25
REFUSE - CKING ACCOUNT 89,506.65
WFBK WELLS FARGO - CKING ACCOUNT 2,354,306.93
TOTAL ALL BANKS 3,074,944.18
APPROVED PER CITY MANAGER
CITY OF INDUSTRY P. 1
BANK OF AMERICA
March 24, 2022
Check Date Payee Name Check Amount
CITYGEN.CHK - City General •
WT1254 02/23/2022 CAL-PERS $50,072.33
Invoice Date Description Amount
MARCH 2022 02/23/2022 CALPERS MEDICAL PREMIUM FOR MARCH 2022 $50,072.33 WT1255 03/02/2022 JOHN HANCOCK USA $4,289.98
Invoice Date Description Amount
215-2/18/22 03/02/2022 PARS CONTRIBUTIONS FOR 2/5-2/18/22 $4,289.98 24532 03/08/2022 CITY OF LA VERNE $225,000.00
Invoice Date Description Amount
3/8/2022 03/08/2022 PROP A FUNDS EXCHANGE $225,000.00
24533 03/10/2022 CITY OF INDUSTRY $55,000.00
Invoice Date Description Amount
3/10/22 03/10/2022 TRANSFER FUNDS-PAYROLL P/E 3/4/22 $55,000.00 24534 03/10/2022 CIVIC RECREATIONAL INDUSTRIAL $265,000.00 Invoice Date Description Amount
03/10/2022 03/10/2022 TRANSFER FUNDS-CRIA REG 3/9/22 $265,000.00 24535 03/10/2022 INDUSTRY PROPERTY & HOUSING $25,000.00 invoice Date Description Amount
3/10/2022 03/10/2022 TRANSFER FUNDS-IPHMA REG 3/9/22 $25,000.00 Checks Status Count Transaction Amount
Total 6 $624,362.31
CITY OF INDUSTRY P.2
• PROP A
March 24, 2022
Payee Name Check Amount
Check Date
PROPA.CHK - Prop A Checking
Check
90376 03/24/2022 INDUSTRY SECURITY SERVICES $4,982.89
Invoice Date Description Amount
14-26136 03/04/2022 SECURITY SVC-METROLINK $2,372.81
14-26116 02/25/2022 SECURITY SVC-METROLINK $2,610.08
90377 03/24/2022 VALLEY VISTA SERVICES, INC $229.15
Invoice Date Description Amount
4727336 03/01/2022 DISP SVC-METROLINK $229.15
Checks Status Count Transaction Amount
Total 2 $5,212.04
CITY OF INDUSTRY P. 3
MEASURE W
March 24, 2022
Payee Name Check Amount
Check Date
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
CNC ENGINEERING $1,556.25
300003 03/24/2022
Date Description Amount
Invoice
504772 02/24/2022 NPDES STORM WATER $1,556.25
Check Status Count Transaction Amount
Total 1 $1,556.25
CITY OF INDUSTRY P. 4
WELLS FARGO REFUSE
March 24, 2022
Payee Name Check Amount
Check Date
REFUSE - Refuse Account
VALLEY VISTA SERVICES, ING $89,506.65
80190 03/08/2022
Date Description Amount
Invoice
3/1/2022 03/01/2022 REFUND-DEPOSIT RECEIVED BY COI ON BEHALF OF $89,506.65 Check Status Count Transaction Amount
Total 1 $89,506.65
CITY OF INDUSTRY P. 5
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77789 03/08/2022 NEXTIVA, INC. 51,783.05
Invoice Date Description Amount
48344937754 02/28/2022 CITY HALL PHONE SVC $1,783.05
77790 03/09/2022 AT & T $179.00
Invoice Date Description Amount
6617138606 02/23/2022 01/19-02/18/22 SVC - 600 S BREA CYN - METROLINK $179.00 77791 03/09/2022 FRONTIER $1,035.13
Invoice Date Description Amount
2022-00001520 03/01/2022 03/01-03/31/22 SVC - VARIOUS SITES $960.30 2022-00001531 02/16/2022 02/16-03/15/22 SVC - BREA CYN PUMP STN $74.83 77792 03/09/2022 ROWLAND WATER DISTRICT $1,323.39
Invoice Date Description Amount
2022-00001514 02/23/2022 01/09-02/07/22 SVC - HURLEY ST & VALLEY BLVD $377.41 2022-00001515 02/23/2022 01/09-02/07/22 SVC - 18044 ROWLAND ST $43.32 2022-00001516 02/23/2022 01/09-02/07122 SVC - 17401 E VALLEY BLVD $351.38 2022-00001517 02/23/2022 01/09-02/07/22 SVC - 930 S AZUSA AVE $427.81 2022-00001518 02/23/2022 01/09-02/07/22 SVC - AZUSA AVE - CENTER $64.92 2022-00001519 02/23/2022 01/09-02/07/22 SVC - AZUSA AVE $58.55 77793 03/09/2022 SOCALGAS $375.60
Invoice Date Description Amount
2022-00001529 02/28/2022 01/25-02/24/22 SVC - 15415 DON JULIAN RD $362.73 2022-00001530 02/18/2022 01/18-02/16/22 SVC - 610 S BREA CYN RD $12.87 CITY OF INDUSTRY P. 6
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77794 03/09/2022 SOUTHERN CALIFORNIA EDISON $45,282.65
Invoice Date Description Amount
2022-00001521 03/02/2022 02/01-02/28/22 SVC - 600 BREA CYN RD $363.10 2022-00001522 03/02/2022 02/01-02/28/22 SVC - 133 N AZUSA AVE $126.98 2022-00001523 03/02/2022 02/01-02/28/22 SVC - VARIOUS SITES $39,816.59 2022-00001524 03/02/2022 02/01-02/28/22 SVC - VARIOUS $186.65 2022-00001525 03/02/2022 02/01-02/28/22 SVC - NOGALES ST/SAN JOSE AVE $160.43 2022-00001526 03/02/2022 02/01-02/28/22 SVC - 1 VALLEY/AZUSA OL1 $24.48 2022-00001527 02/28/2022 01/27-02/27122 SVC - 137 N HUDSON AVE $2,171.10 2022-00001528 02/28/2022 01/27-02/27122 SVC - 15660 STAFFORD ST $2,126.66 2022-00001532 02/28/2022 01/27-02/27122 SVC - 205 N HUDSON AVE $306.66 77795 03/09/2022 SUBURBAN WATER SYSTEMS $299.70
Invoice Date Description Amount
180022256090 03/02/2022 02/02-03/02/22 SVC - NE CNR VALLEY/STIMS $299.70 77796 03/09/2022 VERIZON WIRELESS - LA $1,614.09
Invoice Date Description Amount
9900471328 02/26/2022 01/27-02/26/22 SVC - VARIOUS WIRELESS SVC $1,614.09 77797 03/10/2022 CITY OF INDUSTRY-PAYROLL ACCT $200,000.00 Invoice Date Description Amount
PR P/E 3/4/22 03/10/2022 REPLENISH PAYROLL FOR P/E 3/4/22 $200,000.00 77798 03/10/2022 JACOB CORTEZ $277.31
CITY OF INDUSTRY P. 7
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
3/15-3/18/22 03/14/2022 TRAVEL ADVANCE-2022 PLANNING COMMISSIONERS $277.31 77799 03/16/2022 AT & T $9.25
Invoice Date Description Amount
2022-00001557 03/01/2022 03/01-03/31/22 SVC - CITY WHITE PAGES $9.25 77800 03/16/2022 FRONTIER $202.02
Invoice Date Description Amount
2022-00001551 03/02/2022 03/02-04/01/22 SVC - IH GOLF COURSE FUEL PUMP $144.99 2022-00001554 03/02/2022 03/02-04/01/22 SVC - 1015 NOGALES ST $57.03 77801 03/16/2022 LA PUENTE VALLEY COUNTY $16,369.64
Invoice Date Description Amount
2022-00001576 03/01/2022 12/17-02/17/22 SVC - 15414 DON JULIAN RD (IRRI) $520.60 2022-00001577 03/01/2022 12/17-02/17/22 SVC - 15414 DON JULIAN RD $284.88 2022-00001578 03/01/2022 12/17-02/17/22 SVC - 15660 STAFFORD ST $225.24 2022-00001579 03/01/2022 12/17-02/17/22 SVC - 1 AZUSA WAY (IRRI) $314.51 2022-00001580 03/01/2022 12/17-02/17/22 SVC - 285 HACIENDA BLVD (IRRI) $94.24 2022-00001581 03/01/2022 12/17-02/17/22 SVC - HACIENDA & STAFFORD ST (I) $282.04 2022-00001582 03/01/2022 12/17-02/17/22 SVC - HACIENDA & STAFFORD ST (IRR) $194.00 2022-00001583 03/01/2022 12/17-02/17/22 SVC - 211 HACIENDA BLVD (IRRI) $145.36 2022-00001584 03/01/2022 12/17-02/17/22 SVC - HUDSON AVE (IRRI) $333.16 2022-00001585 03/01/2022 12/17-02/17/22 SVC - STAFFORD ST (IRRI) $529.12 2022-00001586 03/01/2022 12/17-02/17/22 SVC - 220 HACIENDA BLVD (IRRI) $495.04 2022-00001587 03/01/2022 12/17-02/17/22 SVC - NELSON AVE (IRRI) $1,330.00 2022-00001588 03/01/2022 12/17-02/17/22 SVC - SOTRO ST (IRRI) $793.24 CITY OF INDUSTRY P. 8
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001589 03/01/2022 12/17-02/17/22 SVC - 15651 STAFFORD ST $1,304.44 2022-00001590 03/01/2022 12/17-02/17122 SVC- RAUSCH RD (IRRI) $318.60 2022-00001591 03/01/2022 12/17-02/17122 SVC - RAUSCH RD (IRRI) $344.16 2022-00001592 03/01/2022 12/17-02/17/22 SVC - STAFFORD & OLD VALLEY (1) $1,085.76 2022-00001593 03/01/2022 12/17-02/17/22 SVC - 15716 RAUSCH RD $125.70 2022-00001594 03/01/2022 12/17-02/17122 SVC - ALONG RAILROAD TRACK (1) $534.80 2022-00001595 03/01/2022 12/17-02/17/22 SVC - PROCTOR & EL ENCANTO (I) $199.68 2022-00001596 03/01/2022 12/17-02/17/22 SVC - HACIENDA BLVD (IRRI) $71.52 2022-00001597 03/01/2022 12/17-02/17/22 SVC - 15415 DON JULIAN RD (IRRI) $1,614.87 2022-00001598 03/01/2022 12/17-02/17/22 SVC - 15414 DON JULIAN RD (IRRI) $495.04 2022-00001599 12/17-02/17/22 SVC - 15414 DON JULIAN RD $201.74 2022-00001600 12/17-02/17/22 SVC - 201 STAFFORD ST (IRRI) $2,074.75 2022-00001601 03/01/2022 12/17-02/17/22 SVC - VALLEY BLVD (IRRI) $88.56 2022-00001602 03/01/2022 12/17-02/17/22 SVC - 15415 DON JULIAN RD (IRRI) $836.71 2022-00001603 03/01/2022 12/17-02/17/22 SVC - DON JULIAN RD $1,337.88 2022-00001604 03/01/2022 12/17-02/17/22 SVC - PARRIOTT & DON JULIAN RD (1) $194.00 77802 03/16/2022 SAN GABRIEL VALLEY WATER CO. $8,588.41 Invoice Date Description Amount
2022-00001558 02/24/2022 01/21-02/23/22 SVC - CROSSROADS PKY S $1,356.36 2022-00001559 02/24/2022 01/21-02/23/22 SVC - STA 103-80 CROSSROADS PKY S $375.25 2022-00001560 02/24/2022 01/21-02/23/22 SVC - CROSSROADS PKY S $216.43 2022-00001561 02/24/2022 01/21-02/23/22 SVC - CROSSROADS PKY N $727.88 2022-00001562 02/24/2022 01/21-02/23/22 SVC - STA 129-00 CROSSROADS PKY N $1,510.84 2022-00001563 02/24/2022 01/21-02/23/22 SVC - STA 111-50 CROSSROADS PKY N $401.26 2022-00001564 02/24/2022 01/21-02/23/22 SVC - PELLISSIER $368.14 2022-00001565 02/24/2022 01/21-02/23/22 SVC - PELLISSIER $973.38 CITY OF INDUSTRY P. 9
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001566 02124/2022 01/21-02/23122 SVC - PECK/UNION PACIFIC B $914.26 2022-00001567 02/24/2022 01/21-02/23/22 SVC - S/E COR OF PELLISSIER $1,217.66 2022-00001568 02/24/2022 01/21-02/23/22 SVC - PELLISSIER $526.95 77803 03/16/2022 SOCALGAS $32.11
Invoice Date Description Amount
2022-00001549 03/07/2022 02/01-03/03/22 SVC - 710 NOGALES ST $14.79 2022-00001550 03/07/2022 02/01-03/03/22 SVC - 1015 NOGALES ST STE 101 $17.32 77804 03/16/2022 SOUTHERN CALIFORNIA EDISON $29,936.22
Invoice Date Description Amount
2022-00001552 03/04/2022 01/24-02/22/22 SVC - 600 S BREA CYN RD UNIT A $25.74 2022-00001553 03/04/2022 02/02-03/03/22 SVC - 15625 STAFFORD ST $5,493.02 2022-00001569 03/07/2022 01/18-02/14/22 SVC - VARIOUS SITES $2,341.40 2022-00001570 03/08/2022 02/04-03/07/22 SVC - 1123 HATCHER AVE STE A $265.08 2022-00001571 03/02/2022 02/01-02/28/22 SVC - VARIOUS SITES $9,040.69 2022-00001572 03/08/2022 02/04-03/07/22 SVC - 1135 HATCHER AVE $305.60 2022-00001573 03/08/2022 01/06-03/07/22 SVC - VARIOUS VALLEY SITES $65.87 2022-00001574 03/02/2022 02/01/-02/28/22 SVC - VARIOUS SITES $12,316.25 2022-00001575 03/05/2022 02/01-02/28/22 SVC - 600 S BREA CYN RD $82.57 77805 03/16/2022 SPARKLETTS $224.59
Invoice Date Description Amount
21654939 031122 03/11/2022 WATER DELIVERY $224.59
77806 03/16/2022 THREE VALLEYS MUNICIPAL WATER $10,087.14 CITY OF INDUSTRY P. 10
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
06006 02/28/2022 02/01-02/28/22 SVC - TONNER CYN $10,087.14 77807 03/24/2022 ACORN TECHNOLOGY SERVICES $17,850.00
Invoice Date Description Amount
95561 03/01/2022 NETWORK MAINT-MAR 2022 $17,850.00
77808 03/24/2022 AKM CONSULTING ENGINEERS, INC. $4,193.00 Invoice Date Description Amount
0011506 03/01/2022 RECYCLED WATERLINE RELOCATION-TURNBULL $4,193.00 77809 03/24/2022 AMAZON WEB SERVICES, INC $6,699.91
Invoice Date Description Amount
968844401 03/02/2022 AWS SERVICE-FEB 2022 $6,699.91
77810 03/24/2022 ANDRUES/PODBERESKY, APLC $60,015.95
Invoice Date Description Amount
02919 03/03/2022 LEGAL SVC-FEB 2022 $60,015.95
77811 03/24/2022 ANNEALTA GROUP $57.50
Invoice Date Description Amount
2226 12/06/2021 15010 DON JULIAN RD $57.50
77812 03/24/2022 ARAMARK REFRESHMENT SERVICE, $169.89
Invoice Date Description Amount
11383071 06/29/2021 COFFEE SVC & SUPPLIES $72.96
CITY OF INDUSTRY P. 11
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
11379355 06/28/2021 COFFEE SVC & SUPPLIES $96.93
77813 03/24/2022 BAVCO $716.91
Invoice Date Description Amount
145152 02/28/2022 BACKFLOW APPARATUS MATERIALS $655.22
145562 03/02/2022 BACKFLOW APPARATUS MATERIALS $61.69
77814 03/24/2022 BCM CUSTOMER SERVICE, INC. $2,260.00
Invoice Date Description Amount
2220113 03/01/2022 AIC MAINT-EL ENCANTO $2,260.00
77815 03/24/2022 BENJAMIN A ROMERO I $1,027.57
Invoice Date Description Amount
15625010 02/24/2022 INSTALL SHADE COVER-INDUSTRY HILLS FUEL STN $311.80 15625009 02/24/2022 REPAIR/PAINT GUARD SHACK-METROLINK STN $715.77 77816 03/24/2022 CAL-STATE SITE SERVICES $249.76
Invoice Date Description Amount
211960 03/06/2022 PORTABLE RR RENTAL-EL ENCANTO (COVID 19) $249.76 77817 03/24/2022 CASSO & SPARKS, LLP $273,797.93
Invoice Date Description Amount
20612 03/14/2022 COI-LEGAL FEES FOR JAN 2022 $273,797.93 77818 03/24/2022 CINTAS CORPORATION LOC 693 $348.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 12
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
4112625115 03/07/2022 DOOR MATS $73.17
4111935909 02/28/2022 DOOR MATS $274.83
77819 03/24/2022 CITY OF INDUSTRY $345.65
Invoice Date Description Amount
2022-00000045 02/28/2022 IH FUEL PUMP-CITY HALL VEHICLES $345.65 77820 03/24/2022 CLARENCE THRALL $29,160.00
Invoice Date Description Amount
140 03/01/2022 MAINT SVC-MAR 2022 $14,580.00
139 02/01/2022 MAINT SVC-FEB 2022 $14,580.00
77821 03/24/2022 CNC ENGINEERING $154,560.72
Invoice Date Description Amount
504871 03/10/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $1,495.00 504872 03/10/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $1,280.00 504873 03/10/2022 EL ENCANTO ROOF REFURB $90.00
504874 03/10/2022 CITYWIDE SIGNAGE UPDATE $480.00
504875 03/10/2022 SITE PLAN FOR SHERIFF TRAILER $1,720.00 504876 03/10/2022 EL ENCANTO IMPROVEMENTS $2,120.00
504877 03/10/2022 GALE AVE REALIGNMENT $3,895.00
504878 03/10/2022 RESURFACING OF DON JULIAN RD $1,075.00 504879 03/10/2022 WALNUT DR NORTH WIDENING $530.00
504880 03/10/2022 PRELIMINARY DESIGN OF EW BICYCLE PATH $1,920.00 504881 03/10/2022 GENERAL ENG SVC-COUNTER SERVICE $935.00 504883 03/10/2022 GENERAL ENG SVG 2121-3/6/22 $4,982.50 CITY OF INDUSTRY P. 13
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
504884 03/10/2022 GENERAL ENG SVC-TRAFFIC $7,232.50
504885 03/10/2022 GENERAL ENG SVC-PLAN APPROVAL $11,100.00 504886 03/10/2022 GENERAL ENG SVC-PERMITS $17,630.00
504887 03/10/2022 ARENTH AVE STREET IMPROVEMENT $2,610.00 504888 03/10/2022 RESURFACING VALLEY BLVD $3,725.00
504889 03/10/2022 GENERAL ENG SVC 2/21-3/6/22 $77,754.47 504890 03/10/2022 NPDES STORM WATER $1,700.00
504891 03/10/2022 COLIMA RD WIDENING $1,440.00
504892 03/10/2022 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $270.00 504893 03/10/2022 CITY HALL MAINT $1,698.75
504894 03/10/2022 UPGRADES TO ELECTRONIC FREEWAY DISPLAY $650.00 504895 03/10/2022 HOMESTEAD MUSEUM IMPROVEMENTS $110.00 504896 03/10/2022 STIMSON AVE CROSSING $5,775.00
504897 03/10/2022 CALIFORNIA AVE CROSSING IMPROVEMENTS $102.50 504898 03/10/2022 EL ENCANTO IMPROVEMENTS $1,185.00
504882 03/10/2022 GENERAL ENG SVC-VARIOUS DEVELOPERS SITES $717.50 504899 03/10/2022 MUSEUM-HEALTHCARE CAMPUS UPGRADES $337.50 77822 03/24/2022 CNC ENGINEERING $87,739.68
Invoice Date Description Amount
504900 03/10/2022 SAN JOSE AVE RECONSTRUCTION $4,222.50 504901 03/10/2022 INDUSTRY HILLS FUEL TANKS DISPENSING $470.00 504902 03/10/2022 605 FWY AND VALLEY BLVD INTERCHANGE $1,230.00 504903 03/10/2022 HIGHWAY BRIDGE PROGRAM FUNDING $1,275.00 504904 03/10/2022 AZUSA AVE BRIDGE REPAINTING $102.50
504905 03/10/2022 FISCAL YEAR BUDGET $1,742.50
CITY OF INDUSTRY P. 14
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
504906 03/10/2022 ROWLAND ST RECONSTRUCTION $15,197.50
504907 03/10/2022 BIXBY DR PCC PAVEMENT $760.00
504908 03/10/2022 FOLLOW'S CAMP PROPERTY $555.00
504909 03/10/2022 NELSON AVE INTERSECTION $220.00
504910 03/10/2022 CARTEGRAPH MGMT $22,600.00
504911 03/10/2022 LEMON AVE QUIET ZONE $410.00
504912 03/10/2022 GRAND AVE RECONSTRUCTION $580.00
504913 03/10/2022 CITYWIDE STREET LIGHT LED UPGRADES - $2,575.00 504914 03/10/2022 ANNUAL PAVEMENT REHABILITATION $330.00 504915 03/10/2022 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $530.00 504916 03/10/2022 15710-15718 RAUSCH RD BLDG IMPROVEMENT $450.00 504917 03/10/2022 RAUSCH RD SIDEWALK AND PARKING LOT $8,887.50 504918 03/10/2022 GALE AVE RESURFACING $4,590.00
504919 03/10/2022 ANNUAL PAVEMENT REHABILITATION $5,360.00 504920 03/10/2022 ANNUAL SLURRY SEAL FY 22 $3,455.00
504921 03/10/2022 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $502.18 504922 03/10/2022 SNOW CREEK STORM DRAIN $8,305.00
504923 03/10/2022 SR57/60 CONFLUENCE PROJ $205.00
504924 03/10/2022 GRAND AVE BRIDGE WIDENING $2,160.00
504925 03/10/2022 NOGALES GRADE SEPARATION $205.00
504926 03/10/2022 TURNBULL CYN RD GRADE SEPARATION $820.00 77823 03/24/2022 CORELOGIC INFORMATION $192.50
Invoice Date Description Amount
82123017 02/28/2022 GEOGRAPHIC PKG-FEB 2022 $192.50
CITY OF INDUSTRY P. 15
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77824 03/24/2022 COUNTY OF LA - DEPT OF $45,165.20
Invoice Date Description Amount
221236A 02/17/2022 WEED ABATEMENT-VARIOUS ROADWAYS $4,555.68 221234A 02/17/2022 WEED ABATEMENT-TONNER CYN (FIRESTONE CAMP) $21,394.28 221233A 02/17/2022 WEED ABATEMENT-TONNER CYN (FIRESTONE CAMP) $19,215.24 77825 03/24/2022 COUNTY OF LA - DEPT OF $18,920.61
Invoice Date Description Amount
221235A 02/17/2022 WEED ABATEMENT-TRES HERMANOS $18,920.61 77826 03/24/2022 DDL TRAFFIC INC $4,575.00
Invoice Date Description Amount
7868 03/10/2022 TRAFFIC SIGNAL SURVEY $4,575.00
77827 03/24/2022 DIRECTV - FOR BUSINESS $174.50
Invoice Date Description Amount
034740128X220301 03/01/2022 TV ACCESS/RSN FEES $174.50
77828 03/24/2022 EGOSCUE LAW GROUP, INC. $1,650.00
Invoice Date Description Amount
13404 03/02/2022 LEGAL SVC-FOLLOW'S CAMP $1,650.00
77829 03/24/2022 ELECTRA-MEDIA, INC $151,496.86
Invoice Date Description Amount
#1CITY-1467 03/01/2022 PUENTE HILLS AUTO CENTER PYLON SIGN UPGRADE $159,470.38 77830 03/24/2022 ELEVATE PUBLIC AFFAIRS, LLC $21,000.00 CITY OF INDUSTRY P. 16
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
2593 02/28/2022 MEDIA CONSULTING-JAN 2022 $15,000.00
2594 02/28/2022 IBC STRATEGIC CONSULTING-JAN 2022 $6,000.00 77831 03/24/2022 ENTERPRISE MAPS LLC $25,000.00
Invoice Date Description Amount
134 03/01/2022 AMAZON WEB SERVICES $25,000.00
77832 03/24/2022 FEDERAL EXPRESS CORP. $32.55
Invoice Date Description Amount
7-688-11530 03/11/2022 MESSENGER SVC $32.55
77833 03/24/2022 FEHR & PEERS $14,032.50
Invoice Date Description Amount
152554 02/15/2022 VMT ANALYSIS-15015 DON JULIAN RD $14,032.50 77834 03/24/2022 FIRST AMERICAN DATA TREE, LLC $200.00
Invoice Date Description Amount
20088320222 02/28/2022 PROPERTY DATA INFORMATION $200.00 77835 03/24/2022 FRAZER, LLP $40,278.00
Invoice Date Description Amount
176556 01/31/2022 SA-PROF SVC FOR JAN 2022 $2,800.00
176555 01/31/2022 COI-PROP SVC FOR JAN 2022 $37,478.00
77836 03/24/2022 FUEL PROS, INC. $500.00
CITY OF INDUSTRY P. 17
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
59903 02/28/2022 INDUSTRY HILLS FUEL STN MAINT $350.00
60015 02/28/2022 INDUSTRY HILLS FUEL STN MAINT $150.00
77837 03/24/2022 FULLERTON ELECTRIC $2,995.00
Invoice Date Description Amount
29940 03/15/2022 REPLACED LIGHTING-YAL/POST OFFICE $2,995.00 77838 03/24/2022 GARCIA'S FENCE CORP $3,490.00
Invoice Date Description Amount
32203 03/04/2022 INSTALL CATTLE GATE ON RAILROAD ST $3,490.00 77839 03/24/2022 GARDNER PLUMBING CO. $5,342.00
Invoice Date Description Amount
5488 03/07/2022 REPAIR LEAK IN MECHANICAL RM-EL ENCANTO $3,442.00 5605 03/07/2022 PLUMBING REPAIRS-EL ENCANTO $1,900.00
77840 03/24/2022 GENTRY BROTHERS, INC. $82,670.09
Invoice Date Description Amount
#6CITY-1434 03/01/2022 RESURFACING DON JULIAN RD $87,021.15 77841 03/24/2022 GMS ELEVATOR SERVICES, INC $145.00
Invoice Date Description Amount
109447 03/01/2022 ELEVATOR MAINT-CITY HALL $145.00
77842 03/24/2022 HISTORICAL RESOURCES, INC. $43,546.03
CITY OF INDUSTRY .P. 18
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
CO12022-10 03/10/2022 ADMIN & MGMT SVC-HOMESTEAD $43,546.03 77843 03/24/2022 IDS GROUP, INC. $2,437.50
Invoice Date Description Amount
21X079.00-2 02/28/2022 ENGINEERING DESIGN-METROLINK $2,437.50 77844 03/24/2022 INDUSTRY SECURITY SERVICES $59,899.96
Invoice Date Description Amount
14-26126 03/04/2022 SECURITY SVC 2125-3/3/22 $9,494.32
14-26129 03/04/2022 SECURITY SVC-VARIOUS CITY SITES $19,590.43 14-26109 02/25/2022 SECURITY SVC-VARIOUS CITY SITES $20,806.49 14-26106 02/25/2022 SECURITY SVC 2/18-2/24/22 $10,008.72 77845 03/24/2022 JANUS PEST MANAGEMENT $4,377.00
Invoice Date Description Amount
245107 03/02/2022 PEST SVC-TONNER CYN $566.00
245226 03/02/2022 RODENT SVC-HELIPAD PARKING LOT $486.00 245228 03/02/2022 RODENT SVC-HELIPAD $300.00
245152 03/02/2022 PEST SVC-15651 MAYOR DAVE WAY $145.00 245787 03/02/2022 PEST SVC-HOMESTEAD $600.00
245397 03/02/2022 PEST SVC-CITY HALL/MOSQUITO TRAP $405.00 245281 03/02/2022 RODENT SVC-IBC EAST (LANDFILL) $733.00 245224 03/02/2022 RODENT SVC-CHESTNUT AVE $896.00
245213 03/02/2022 PEST SVC-IBC WEST (OLD BREA CYN) $168.00 245414 03/02/2022 MOSQUITO TRAP-EL ENCANTO $78.00
CITY OF INDUSTRY P. 19
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77846 03/24/2022 LA COUNTY DEPT OF PUBLIC $2,975.85
Invoice Date Description Amount
IN220000421 02/24/2022 SEWER SVC-PARCEL 8264-012-925 $25.25 SA220000235 02/14/2022 GARFIELD AVE @ RANDOLPH ST $2,950.60 77847 03/24/2022 L A COUNTY DEPT OF PUBLIC $62,681.85
Invoice Date Description Amount
IN220000606 02/24/2022 BLDG & SAFETY-ONE STOP SHOP FOR DEC 2021 $62,681.85 77848 03/24/2022 L A COUNTY REGISTRAR- $75.00
Invoice Date Description Amount
CITY-1473 03/10/2022 FEE-NOTICE OF EXEMPTION FOR CITY-1473, MP 1901 $75.00 77849 03/24/2022 LA COUNTY SHERIFF'S $163,562.41
Invoice Date Description Amount
222021AL 02/23/2022 SPECIAL EVENT-DIRECTED PATROL $37,370.74 222022AL 02/23/2022 SPECIAL EVENT-DIRECTED PATROL $126,191.67 77850 03/24/2022 LOCKE LORD LLP $43,831.51
Invoice Date Description Amount
1708242 03/02/2022 LEGAL SVC-JAN 2022 $43,831.51
77851 03/24/2022 LOCKS PLUS, INC. $560.03
Invoice Date Description Amount
35320 02/24/2022 REPLACE CYLINDER-EL ENCANTO GUARD SHACK $172.85 35318 02/25/2022 DUPLICATE KEYS AND LOCKS $267.18
CITY OF INDUSTRY P. 20
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
35317 02/21/2022 DOOR LOCK INSPECTION-15660 RAUSCH RD $120.00 77852 03/24/2022 LOS ANGELES COUNTY PUBLIC $116,037.15
Invoice Date Description Amount
PW-22020704782 02/07/2022 TRAFFIC SIGNAL MAINT $8,172.74 PW-22020704781 02/07/2022 TRAFFIC SIGNAL MAINT $17,360.16 PW-22020704496 02/07/2022 INSPECTION OF SIDEWALK/CURBS $44.76 PW-22020704501 02/07/2022 KITS MONITORING OF TRAFFIC SIGNAL $747.67 PW-22020704508 02/07/2022 PUMP HOUSE MAINT
PW-22020704512 02/07/2022 INSPECTION OF SIDEWALK/CURBS
$1,856.53
PW-22020704513 02/07/2022 STREET MAINT/INSPECTION $4,064.13 PW-22020704514 EMERGENCY ROAD SERVICE $1,244.29
PW-22020704524 02/07/2022 EMERGENCY ROAD CLOSURE
PW-22020704525 02/07/2022 STORM DAMAGE RESPONSE $17,017.64 PW-22020704526 02/07/2022 LITTER/DEBRIS REMOVAL $2,064.31 PW-22020704527 02/07/2022 PAVEMENT PATCHING $39,544.26
PW-22020704538 02/07/2022 CONCRETE REPAIR-AZUSA AVE BRIDGE $208.02
PW-22020704540 02/07/2022 TRAFFIC SIGNING REPAIRS $47.34 PW-22020704550 02/07/2022 STORM DRAIN MAINT
$280.69
PW-22020704558 02/07/2022 IRRIGATION LEAK UNDER ROADWAY-CROSSROADS $17,997.16 PW-22020704571 02/07/2022 ROAD DELINEATOR REPLACEMENT-CALIFORNIA AVE $1,764.09 PW-22020704575 02/07/2022 TRAFFIC SIGNAL-GRAND AVE/INDUSTRY WAY $1,301.23 PW-22020704783 02/07/2022 TRAFFIC SIGNAL MAINT
$1,045.32
77853 03/24/2022 LOS ANGELES ENGINEERING, INC. $85,793.45 Invoice Date Description Amount
#22GGS-0387-1 03/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $3,186.40 CITY OF INDUSTRY P. 21
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name
Check Amount
CITY.WF.CHK - City General Wells Fargo
#22GGS-0387-2 03/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $13,322.50 #22GGS-0387-3 03/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $73,800.00 77854 03/24/2022
BANNER BANK $4,515.45
Invoice Date Description Amount
#22GGS-0387-1-R 03/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $159.32 #22GGS-0387-2-R 03/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $666.13 #22GGS-0387-3-R 03/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $3,690.00 77855 03/24/2022 MX GRAPHICS, INC.
$131.40
Invoice Date Description
Amount
25137 02/25/2022 12X12 REFECTIVE ALUMINUM SANDWICH BOARD $131.40
77856 03/24/2022
NCM ENGINEERING CORP $241,762.33
Invoice Date Description
Amount
COIN2101-01 03/04/2022 DESIGN OF TEMPLE AVE WIDENING
$241,762.33
77857 03/24/2022
NINYO & MOORE GEOTECHNICAL $9,728.00
Invoice Date Description
Amount
258924 03/10/2022 GEO SVC-VALLEY BLVD RESURFACING
$9,728.00
77858 03/24/2022
OCEAN BLUE ENVIRONMENTAL $11,669.01
Invoice Date Description
Amount
36252 02/28/2022 HAZARDOUS WASTE REMOVAL
$11,669.01
77859 03/24/2022
OLDHAM ARCHITECTS INC. $16,244.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 22
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name
Check Amount
CITY.WF.CHK - City General Wells Fargo
21068-01 03/01/2022 ARCHITECTURE DESIGN AT15710-15724 RAUSCH RD $16,244.00
77860 03/24/2022 PACIFIC UTILITY INSTALLATION
$30,449.00
Invoice Date Description
Amount
25447 02/28/2022 CITY STREETLIGHT PROGRAM
$2,635.00
25449 02/28/2022 ACCIDENT-AZUSA/TEMPLE AVE
$2,278.00
25446 02/28/2022 ACCIDENT-TEMPLE AVE/MANGATE AVE
$2,278.00
25448 02/28/2022 CITY STREETLIGHT PROGRAM $6,145.00
25450 02/28/2022 REPAIR LIGHTING-PACIFIC PALMS PARKING LOT $17,113.00
77861 03/24/2022
PIONEER POS SOLUTION, INC. $2,728.00
Invoice Date Description
Amount
2/23/2022 02/23/2022 COVID-19 REIMBURSEMENT-TESTING
$2,728.00
77862 03/24/2022 PLACEWORKS
$274.13
Invoice Date Description
Amount
77781 02/28/2022 IS/MND FOR 999 HATCHER AVE
$274.13
77863 03/24/2022 PRINCE GLOBAL SOLUTIONS, LIG
$5,000.00
Invoice Date Description
Amount
036 03/09/2022 FEDERAL ADVOCACY-FEB 2022 $5,000.00
77864 03/24/2022
QUADIENT LEASING USA, INC. $1,500.15
Invoice Date Description
Amount
N9315473 03/10/2022 MAIL EQUIPMENT RENTAL 4/11-7/10/22 $1,500.15 CITY OF INDUSTRY P. 23
WELLS FARGO BANK
March 24, 2022
Check Date
Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77865 03/24/2022 ROBINSON'S FLOWERS $500.50
Invoice Date Description Amount
3433-A 02/01/2022 FLOWERS AND DELIVERY $500.50
77866 03/24/2022 SCS FIELD SERVICES
$16,346.20
Invoice Date Description
Amount
0429829 02/28/2022 INDUSTRY HILLS-LANDFILL GAS SYSTEM $16,346.20 77867 03/24/2022 SO CAL INDUSTRIES
$182.52
Invoice Date Description Amount
537725 12/08/2022 RR RENTAL-TONNER CYN/57FWY $91.26
552705 03/02/2022 RR RENTAL-TONNER CYN/57FWY $91.26
77868 03/24/2022 SOUTHERN CALIFORNIA WATER
$1,000.00
Invoice Date Description Amount
1559 03/07/2022 ANNUAL MEMBERSHIP 2022-JOSH NELSON
$1,000.00
77869 03/24/2022 SPECIAL T WATER SYSTEMS, INC.
$1,713.69
Invoice Date Description
Amount
202987 03/03/2022 SALT DELIVERY-EL ENCANTO $1,713.69
77870 03/24/2022 STAPLES BUSINESS ADVANTAGE $390.97
Invoice Date Description Amount
8065303221 02/19/2022 OFFICE SUPPLIES
$390.97
77871 03/24/2022
SUNSYSTEM TECHNOLOGY $3,255.00
CITY OF INDUSTRY P. 24
WELLS FARGO BANK
March 24, 2022
Check Date
Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
068549 03/02/2022 TROUBLESHOOT-METRO SOLAR
$1,080.00
068545 03/02/2022 TROUBLESHOOT-METRO SOLAR
$615.00
068544 03/02/2022 TROUBLESHOOT-METRO SOLAR
$780.00
068543 03/02/2022 TROUBLESHOOT-METRO SOLAR $780.00
77872 03/24/2022 SUPERIOR COURT OF CA-LA
Invoice $3,981.00
Date Description Amount
FEBRUARY 2022 03/09/2022 PARKING CITATIONS REPORT - FEBRUARY 2022 $3,981.00 77873 03/24/2022 THE TECHNOLOGY DEPOT
$6,190.05
Invoice Date Description
Amount
18172 02/25/2022 NETWORK MAINT
$165.00
18209 03/01/2022 CLOUD CONNECT-SHERIFF'S BLDG $287.25
18210 03/01/2022 VETA KASEYA-APR 2022
$535.35
18208 - 03/01/2022 PLATINUM CYBER PROTECTION-APR 2022
$707.55
18213 03/01/2022 CLOUD CONNECT VIRTUAL-APR 2022
$1,742.33
18212 03/01/2022 CLOUD CONNECT UNAAS-APR 2022
$727.23
18204 03/01/2022 CREDIT ON ARUBA ANNUAL SVC
($425.00)
18214 03/01/2022 VEEAM CLOUD BACKUP
$263.34
18215 03/01/2022 ADD'L DELL SVC-APRIL 2022
$2,187.00
77874 03/24/2022 TOP GUY INT'L TRADING, LLC
$1,125.00
Invoice Date Description
Amount
2/23/2022 02/23/2022 COVID-19 REIMBURSEMENT-TESTING
$1,125.00
CITY OF INDUSTRY P. 25
WELLS FARGO BANK
March 24, 2022
Check Date
Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77875 03/24/2022 TPX COMMUNICATIONS
$2,345.46
Invoice Date Description Amount
153958563-0 02/28/2022 TEL/INTERNET-HOMESTEAD
$2,345.46
77876 03/24/2022
TPX COMMUNICATIONS $4,303.99
Invoice Date Description Amount
154005277-0 02/28/2022 INTERNET SVC-CITY HALLMETRO SOLAR $4,303.99
77877 03/24/2022 TRIMARK ASSOCIATES, INC.
$1,726.67
Invoice Date Description
Amount
INV2022-00186 03/01/2022 MAINT SVC-METRO SOLAR
$1,726.67
77878 03/24/2022 TURBO DATA SYSTEMS, ING
$369.94
Invoice Date Description Amount
36948 02/28/2022 CITATION PROCESSING-JAN/FEB 2022
$369.94
77879 03/24/2022 VALLEY VISTA SERVICES, ING
$13,448.87
Invoice Date Description
Amount
4726730 02/28/2022 DISP SVC-1123 HATCHER AVE #ABC $3,067.54 4727285 03/01/2022 DISP SVC-TONNER CYN (MAINT YD)
$516.00
4727283 03/01/2022 DISP SVC-YAL $137.74
4727158 03/01/2022 DISP SVC-GRAND AVE AND INDUSTRY WAY
$3,593.80
4727479 03/01/2022 DISP SVG-205 HUDSON AVE $229.15
4727691 03/01/2022 DIPS SVC-CITY BUS STOPS
$4,796.49
4727286 03/01/2022 DISP SVC-1123 HATCHER AVE
$269.80
4727284 03/01/2022 DISP SVC-CITY HALL
$493.91
CITY OF INDUSTRY P. 26
WELLS FARGO BANK
March 24, 2022
Check Date Payee Name
Check Amount
CITY.WF.CHK - City General Wells Fargo
4727287 03/01/2022 DISP SVC-TONNER CYN (CAMP COURAGE)
$344.44
77880 03/24/2022
VANGUARD CLEANING SYSTEMS, $937.50
Invoice Date Description
Amount
108820 03/01/2022 JANITORIAL SVC-HOMESTEAD $937.50
77881 03/24/2022 WEATHERITE SERVICE
$1,282.00
Invoice Date Description
Amount
L194419 02/18/2022 AIC MAINT-CITY HALL
$1,282.00
77882 03/24/2022 WELLS FARGO
$8,631.78
Invoice Date Description Amount
2/3-3/3/22 03/03/2022 CREDIT CARD EXPENSE P/E 3/3/22 $8,631.78 77883 03/24/2022
WILLDAN ENGINEERING $2,125.00
Invoice Date Description
Amount
00622643 02/17/2022 ENG SVC-NELSON/PUENTE AVE
$2,125.00
Checks Status Count Transaction Amount
Total 95 $2,354,306.93
CITY COUNCIL
ITEM NO. 5.2
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 1
CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California and telephonically using Conference Call Number, 657-204-3264, Conference ID: 519 306 773#.
FLAG SALUTE
The flag salute was led by Mayor Cory Moss.
ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem - Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; Bianca Sparks, Assistant City Attorney; and Julie Robles, City Clerk
PUBLIC COMMENTS
Mike Greenspan and Armando Herman each spoke about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record
CONSENT CALENDAR
3022 CONSIDERATION OF THE REGISTER OF DEMANDS FOR JANUARY 27, RECOMMENDED ACTION. Approve Register
Demands and authorize the appropriate City Officials to pay the bills.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 2
CONSIDERATION OF THE MINUTES OF THE SEPTEMBER 23, 2021
REGULAR MEETING, OCTOBER 14, 2021 REGULAR MEETING, OCTOBER 28, 2021 REGULAR MEETING AND JANUARY 13, 2022 REGULAR MEETING RECOMMENDED ACTION: Approve as submitted.
CONSIDERATION OF A JOINT NOMINATION BY THE CITY OF INDUSTRY
AND THE SUCCESSOR AGENCY TO THE INDUSTRY URBAN-DEVELOPMENT
AGENCY OF ROY FRAUSTO TO BE SUBMITTED TO THE SUPERIOR COURT AS
ONE OF THREE PERSONS CONSTITUTING THE WATERMASTER OF THE PUENTE
BASIN WATER AGENCY UNDER THE JUDGMENT
RECOMMENDED ACTION: Nominate Roy Frausto to the
Superior Court as one of the three persons constituting the Watermaster of the Puente Basin Water Agency, jointly with the Successor Agency.
5.4 CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR PUBLIC BIDS FOR CONTRACT NO. CITY-1482, 2021-2022 ANNUAL SLURRY SEAL, FOR AN ESTIMATED COST OF $561,000.00 (MP 21-05)
RECOMMENDED ACTION: Approve the plans and
specifications and authorize the advertising and receipt of electronic bids.
5.5 CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR GIS-BASED
URBAN TREE INVENTORY IDENTIFIED BY THE CITY, EXTENDING THE TERM THROUGH DECEMBER 31, 2022, REVISING THE INDEMNITY PROVISIONS, INCREASING COMPENSATION BY $100,000.00, AND UPDATING THE ADDRESS
FOR THE CITY
RECOMMENDED ACTION: Approve the Amendment.
5.6 CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH
MUSEUM MANAGEMENT CONSULTANTS FOR MUSEUM STRATEGY PLANNING SERVICES THROUGH JANUARY 26, 2023
RECOMMENDED ACTION: Approve the Agreement.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 3
5.7 CONSIDERATION OF RESOLUTION NO. CC 2022-02 - A RESOLUTON OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, RESCINDING RESOLUTION NO. CC 2019-57 AND AUTHORIZING EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
02. 5.8 CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING INC., TO PROVIDE ON-CALL GEOTECHNICAL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $500,000.00, THROUGH JANUARY 27, 2025
RECOMMENDED ACTION: Approve the Agreement.
5.9 CONSIDERATION OF RESOLUTION NO. CC 2022-06 - RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF AN APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR
WHICH THE CITY OF INDUSTRY IS ELIGIBLE
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
06. Council Member Ruggles asked to pull Item 5.6 for discussion and a staff report.
Assistant City Managers Bing Hyun and Sam Pedroza each spoke regarding the strategy goals and said Museum Management Consultants were considered experts in their field.
Mike Greenspan and Herman Armando each spoke in opposition of the Consent Calendar.
Council Member Ruggles recused himself from voting on check number 77474, for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Haddick's Auto Body.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER
GREUBEL THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING
ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RUGGLES RECUSING HIMSELF FROM CHECK NUMBER 77474 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 4
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
ACTION ITEMS
6.1 DISCUSSION AND DIRECTION REGARDING ARCHITECTURAL DESIGN
FOR PRICELESS PETS ADOPTION CENTER AND VETERINARY CLINIC BUILDING REMODEL AT 15710 - 15724 RAUSCH ROAD
RECOMMENDED ACTION: Provide direction to Staff on the
design for Priceless Pets.
Assistant City Manager, Bing Hyun provided a staff report and was available to answer any questions. Conversation ensued in regards to design of the clinic building remodel as well as new construction for future buildings.
On the phone, Manny Perez said he was in support of exploring architectural design for a Civic Center along with Pet Clinic and suggested developing an Ad hoc committee.
Direction was provided to staff to establish a committee and to bring back to discuss and to review architectural options.
Mike Greenspan and Armando Herman each spoke in opposition of Item No. 6.1.
PUBLIC HEARING ITEMS
CONSIDERATION OF AN ADDENDUM TO THE 2000 CERTIFIED
ENVIRONMENTAL IMPACT REPORT ("EIR"), DEVELOPMENT PLAN NO. 21-01, AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 99-2, FOR THE
EXPANSION OF THE EXISTING GRAND CENTRAL RECYCLING & TRANSFER STATION, LOCATED AT 999 HATCHER AVENUE, CITY OF INDUSTRY, CALIFORNIA.
Contract Assistant Planner II, Nathalie Vasquez provided a staff report and was available to answer any questions.
Mayor Moss opened the public hearing at 9:45 a.m.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 5
Mike Greenspan and Armando Herman each spoke in opposition of Item No. 7.1.
Mayor Moss inquired if anyone else wanted to be heard on the matter. Hearing none, Mayor Moss closed the public hearing at 9:57 a.m.
CONSIDERATION OF RESOLUTION NO. CC 2022-03 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING AN ADDENDUM TO THE 2000 CERTIFIED GRAND CENTRAL AND RECYCLING STATION ENVIRONMENTAL IMPACT REPORT (STATE CLEARING HOUSE NO. 199101001), FOR DEVELOPMENT PLAN NO. 21-01, AND AN AMENDMENT TO CONDITIONAL USE PERMIT 99-2, TO CONSTRUCT A 38,850 SQUARE FOOT
ADDITION AND TO PERMIT THE ADDITION OF GREEN AND COMMERCIAL FOOD
WASTE PROCESSING AT THE GRAND CENTRAL RECYCLING AND TRANSFER STATION, LOCATED AT 999 HATCHER AVENUE, IN THE CITY OF INDUSTRY,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
03. MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER GREUBEL TO ADOPT RESOLUTION NO. CC 2022-03. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
b. CONSIDERATION OF RESOLUTION NO. CC 2022-05 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING DEVELOPMENT PLAN NO. 21-01, TO CONSTRUCT A 38,850 SQUARE FOOT ADDITION TO THE EXISTING 108,250 SQUARE-FOOT GRAND CENTRAL RECYCLING AND TRANSFER STATION LOCATED AT 999 HATCHER AVENUE, IN THE CITY OF INDUSTRY, CALIFORNIA, WITHIN THE "M" INDUSTRIAL ZONE RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
05. CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 6
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER RUGGLES TO ADOPT RESOLUTION NO. CC 2022-05. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, MIMOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
CONSIDERATION OF RESOLUTION NO. CC 2022-04 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 99-2, TO ALLOW FOR THE
ADDITION OF A GREEN AND COMMERCIAL FOOD WASTE PROCESSING
OPERATION AT THE GRAND CENTRAL RECYCLING AND TRANSFER STATION LOCATED AT 999 HATCHER AVENUE, IN THE CITY OF INDUSTRY, CALIFORNIA, WITHIN THE "M" INDUSTRIAL ZONE
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
04. MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER GREUBEL TO ADOPT RESOLUTION NO. CC 2022-04. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
CITY MANAGER REPORTS
There was none.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 7
AB 1234 REPORTS
There was none.
CITY COUNCIL COMMUNICATIONS
Mayor Moss spoke about the COVID-19 testing taking place at the Expo Center which has been extended into February.
Mayor Moss adjourned this meeting in honor of Congressman Esteban Edward Torres who passed away on Tuesday, August 25, 2022, two days shy of his 92nd birthday.
CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:
11.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: City of Industry v. San Gabriel Valley Water & Power, et al., and related cross actions
Superior Court of California, County of Los Angeles
Case No. 19STCV10150
Mike Greenspan and Herman Armando each spoke in opposition of Closed Session Item Mayor, Cory C. Moss, recessed the meeting into Closed Session at 10:09 a.m.
Mayor Moss reconvened the meeting at 10:37 a.m.
Assistant City Attorney Sparks reported out of Closed Session. All members of the Council were present.
With regard to Closed Session items 11.1, no action taken, nothing further to report.
ADJOURNMENT
There being no further business, the City Council adjourned at 10:37 a.m.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JANUARY 27, 2022
PAGE 8
CORY C. MOSS
MAYOR
JULIE ROBLES
CITY CLERK
CITY COUNCIL
ITEM NO. 5.3
SAT OF INDUSTRE
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM:
Josh Nelson, City Manager Unr
STAFF: Yamini Pathak, Finance Director
DATE: March 24, 2022
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas & Associates, for sales and use tax services, extending the term through March 28, 2025, updating the rate schedule, the addresses of the City and City Attorney, and the indemnity provisions consistent with best practices for independent contractors Background:
On March 28, 2019, the City Council approved a Professional Services Agreement (Agreement") with Hinderliter, de Llamas and Associates ("HDL") for sales and use tax services. HDL has provided services to the City since 2013.
Discussion:
The Agreement expires on March 28, 2022. Amendment No. 1 extends the Agreement for an additional five (5) years through March 28, 2027. Additionally, the amendment will revise the addresses of the City and City Attorney, revise the termination section to allow either Party to terminate the agreement by providing 30 days prior written notice, and add indemnity provisions for independent contractors.
Fiscal Impact:
Sales tax comprises about $34 million of the City's General Fund revenues. As a major City revenue source, continuous monitoring and auditing of sales tax data allows for the correction of allocation errors and ensures the City receives all sales and use tax it is due.
HDL recovers sales tax due to the City through its audit and recovery services. The service cost is based on the amount of sales tax that is recovered. HDL receives 15 percent of the recovered amount between $0 to $1,000,000, 10 percent of amounts between $1,000,001 to $2,500,000, and five percent of amounts over $2,500,001.
In addition to sales tax auditing and recovery, performing regular analysis of sales tax receipts allows Staff to identify economic development opportunities and trends. HDL 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org currently provides this analysis service at $823.35 per month. The Agreement allows for this service fee to change annually according to CPI.
No changes to the rate schedule are proposed at this time.
Recommendation:
Staff recommends that the City Council approve Amendment No. 1 to the Professional Services Agreement with HdL.
Exhibit:
A. Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas and Associates dated March 24, 2022
JN/YP:yp
EXHIBIT A
Amendment No. 1 to the Professional Services Agreement Hinderliter, de Llamas and Associates, dated March 24, 2022
[Attached]
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH
HINDERLITER, DE LLAMAS & ASSOCIATES
This Amendment No. 1 to the Professional Services Agreement ("Agreement"), is made and entered into this 24th day of March 2022 ("Effective Date"), by and between the City of Industry, a California municipal corporation ("City") and Hinderliter, de Llamas & Associates, a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties"
RECITALS
WHEREAS, on or about March 28, 2019, the Agreement was entered into and executed between the City and Hinderliter, de Llamas and Associates ("HDL") for sales and use tax services; and
WHEREAS, the Parties desire to amend the Agreement to extend the term to March 28, 2021, update the payment section to remove the cap on compensation, update the termination clause to allow either party to terminate the Agreement, update the addresses of the City and City Attorney, and the indemnity provisions; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
Section 1. TERM
The first sentence of Section 1 is hereby amended to read in its entirety as follows:
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until March 28, 2027, unless sooner terminated pursuant to the provisions of this Agreement.
Section 4. PAYMENT
Section 4(a) is hereby revised in its entirety:
The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. 1 Section 5. SUSPENSION OR TERMINATION OF AGREEMENT
The first sentence of Section 5(a) is hereby amended to read in its entirety as follows:
Either City or Consultant may at any time, for any reason, with or without case, suspend or terminate this Agreement, or any portion hereof, by serving upon the other party at least thirty (30) days prior written notice.
Section 9. INDEPENDENT CONSULTANT
Section 9(c) is hereby added to read in its entirety as follows:
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor. The provisions of this Section 9(c) are effective as of January 1, 2020. The indemnity provisions set forth in this Section 9(c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.
Section 15. NOTICES
To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
James M. Casso, City Attorney
2 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Hinderliter, de Llamas and
Associates
By:_ By:
Joshua Nelson, City Manager Andrew Nickerson, President Attest:
By:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By: _
James M. Casso, City Attorney
CITY COUNCIL
ITEM NO. 5.4
SULT OF INDUSTRY
CITY OF INDUSTRY
1957
PRICELES BOD
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, Gily Manager Omn
STAFF:
DATE: March 24, 2022
SUBJECT: Consideration of Housing Element Annual Progress Report Background:
California Government Code Section 65300 requires every city and county within the State to adopt a General Plan for the physical development of the jurisdiction. In short, a General Plan establishes the City's vision for long-term growth and provides strategies and implementing actions to achieve this vision. The General Plan helps to guide decision-making by residents, property owners, business interests, and elected and appointed officials about public and private land use and development.
Industry's General Plan includes seven state-mandated element topics: Land Use, Circulation, Housing, Safety, Noise, Conservation, and Open Space. Unlike other elements, the Housing Element undergoes a rigorous review and certification process with the California Department of Housing and Community Development ("HCD"). The City's General Plan, including the certified Housing Element, was adopted in 2014. The Housing Element covers an eight-year period and is typically updated more frequently than the rest of the General Plan due to requirements established by State law.
The City Council authorized submission of the Draft Housing Element to HCD in September 2021. HCD responded to the City in December 2021 with comments on the Draft. Staff and the City's consultant are continuing to work with HCD toward certification and bringing the Housing Element back to City Council for final adoption.
Discussion:
Housing Elements are subject to mandated reporting requirements. Historically, general law cities were required to prepare a Housing Element Annual Progress Report ("APR") and submit it to HCD and the Governor's Office of Planning and Research ("OPR") for review. However, passage of AB 879 (Grayson), extended that requirement to charter cities. Beginning with the 2017 APR, all California cities (general law and charter) are 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org required to send a Housing Element APR to HCD and OPR, annually on April 1st.
Government Code Section 65400 requires APRs to cover the status of program implementation, including progress toward meeting the jurisdiction's share of regional housing needs (pursuant to Govt. Code §65584) and local efforts to remove governmental constraints to the development and maintenance of housing. APRs must be considered at a public meeting before the City Council so members of the public have an opportunity to provide oral or written comments.
The City's APR for 2021 reports no activity regarding receiving housing development applications or building housing developments.
The attached document conforms to State requirements for the Housing Element APR in 2021. After review, staff recommends that the City Council authorize transmittal of the APR to HCD and OPR.
Fiscal Impact:
No fiscal impact.
Recommendation:
1.) City Staff recommends that City Council receive and file the Housing Element Annual Progress Report for 2021; and
2.) Direct staff to transmit copies to the California Department of Housing and Community Development and Governor's Office of Planning and Research by email not later than April 1, 2022, as required by State law.
Exhibit:
A. City of Industry 2021 Housing Element Annual Progress Report TH/BH:kt
EXHIBIT A
City of Industry 2021 Housing Element Annual Progress Report [Attached]
Please Start Here
General Information
Jurisdiction Name Optional: Click here to import last year's data. This is best used Industry when the workbook is new and empty. You will be prompted to pick Reporting Calendar Year 2021 an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be Contact Information updated. If a project is no longer has any reportable activity, you First Name may delete the project by selecting a cell in the row and typing ctri Bing
Last Name Hyun
Title Assistant City Manager
Email [email protected]
Phone 6263332211
Mailing Address
Street Address 15625 Mayor Dave Way
City Industry
Zipcode 91744
V2_15_2022
Annual Progress Report
January 2020
ANNUAL ELEMENT PROGRESS REPOR Note: "*" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) lousing Element Implementatio Cels in grey contain auto-calcuatien fermula
Planning Ported (CCR Title 25 96202)
Table A
Housing Development Applications Submitted
Date
Project Identifier Unit Types Application Proposed Units - Affordability by Household Incomes Density Bonus Applications Application Notes
walletse
12 Tenure
Prior APN' Current APN Prolect Name' Income No. sendicat Sireel Addrest ubmited ncome Deec
Desc Notes
NOMICHE
Restricted
Kestricled appecouon
Stream. ning
Summary Row: Start Data Entry Below
This table is auto-populated once you enter your jurisdiction name and current year data. Past yeal Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
information comes from previous APRs.
Reporting Year 2021 (Jan. 1 - Dec. 31)
Housing Element Implementation Please contact HD if your data is different than the material supplied here Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
3 Income Level RHNA Allocation Total Units to Total Remaining 2013 2014 2015 2016 2017 2018 2019 2020
by income Level RHNA by Income
Date (all years) Level
Deed Restricted
Very Low Non-Deed Restricted
Deed Restricted
Low Non-Deed Restricted
Deed Restricted
Moderate Non-Deed Restricted
Above Moderate
Total RHNA
Total Units
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. trien sion Industry
ANNUAL ELEMENT PROGRESS REPORT Note: "*" indicates an optional field Reporting Year 2021 (Jan. 1- Deo. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period Sth Cycle 10/18/2013 - 10/15/2021 (CCR Title 25 56202) Table C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Proine cantifie Date of Rezone RHNA Shortfall by Houschold Income Category Rezone Type Sites Description
Local
APN Street Acetace Above moderate Rezone Type Parcel Size General Plan tain in um Maximum Project Name Jurisdiction Date of Rezone Very Low-Income Zoning Realistic Description of Existing Income vacant Menyasant
(Acres) Designation Density Allowed Density Allowed Capacity rank onin
Summary Row: Start Data Entry Below
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Jurisdiction Industry
Reporting Year 2021 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 4
Name of Program Objective Timeframe in HE Status of Program Implementation On September 30, 2013, the trial court ruled that the subject tax increment transfers were not enforceable obligations, and that in adopting the Dissolution Act the Legislature intended to preclude further transfers of tax increment (Southern California Association of Non-Profit Housing v. State of California, Department of Finance et al., Sacramento Superior Court Case No. 34-2012-80001355)
1: Redevelopment Tax lose out remaining transfer of ta Background information: The Successor Agency's enforceable obligations submitted to Increment Funds crement funds required by state lav Ongoing the Department of Finance (DOF) included transfers of tax increment revenue to HACoLA for Fiscal Years 2011-2012 and 2012-13 as part of the Industry Housing Program. DOF rejected the inclusion of the proposed transfers.
In response to the DOF's rejection, housing groups led by SCANPH filed a lawsui against the State and lost. Therefore, the Industry Housing Program had to be dissolve along with the redevelopment agency.
Continue to provide workforce housing
As the industrial hub of southern California, the City operates 24-7 and has found it 2: Workforce Housing beneficial to provide limited workforce housing for critical positions. The City allows one- fo-one replacement of units lost to demolition, conversion, or disaster to maintain the The City of Industry contracts with the County of Los Angeles to provide building plan Ongoing and within three check and permit services for structures in the community. The City provides a permit Enforcement Services years of adoption. flow chart on its website to inform developers and property owners. The City enforces zoning code provisions on a complaint basis
The City's residential areas have infrastructure in place, however, surrounding 4: Infrastructure Maintain infrastructure and public services commercial and industrial uses result in wear and tear. The City continues to maintain Maintenance lat enhance the safety, appearance, an Ongoing infrastructure and provide public services in a manner that enhances neighborhoods. ondition of neighborhoods These include infrastructure such as streets, curbs, gutters, sidewalks, traffic signals, and other improvements.
apply for home maintenance anc The City of Industry provides up to $15,000 in grants (once every five years) to City of habilitation. Make up to 5 grants availabl Industry homeowners or landlords for maintenance and repairs such as roofing plumbing, electrical, or other code violations. The program also offers the opportunity to Ongoing make energy conservation improvements. The City Council approved a Housing Rehabilitation Grant Program on May 25, 2000 (Resolution No. 1839) and updated program guidelines and an application on April 17, 2014 (Resolution No. CC 2014-05).
There were no requests for home rehabilitation grants in 2021 Amend the Municipal Code to define
licensed residential care facilities serving
Concurrent with Housing The Municipal Code was amended to address community care facilities in 2015 (Ord.
Overlay Zone 787 § 3, 2015)
Establish a Housing Overlay Zone that
allows residential uses required under the
The City planned to amend the Municipal Code and General Plan to establish a Housing Overlay Zone. The Housing Overlay Zone would allow permit owner- and renter- occupied multifamily residential uses and require a minimum density of 20 units per acre.
In 2017, the City started working with an affordable housing developer to explore opportunities for multifamily housing on two sites. The proiect would have included a Within three years of General Plan Amendment, Zone Change, and residential development guidelines to 7: Housing Overlay Zone opportunities to facilitate development of adoption of the housing allow residential uses on the site. Ultimately the project did not move forward due to the affordable housing in the Housing Overla element. dissolution of the partnership between the City and developer.
Zone. The City will also offer fee waivers In 2020, the City retained a housing consultant to implement the 2013-2021 Housing development standard modifications, anc Element and explore additional residential opportunities in different locations already suited for housing. These concepts will be further detailed in the next several months and the City anticipates working with HCD staff to ensure their feasibility and effectiveness in addressing the 2014-2021 RHNA.
standards and approval procedures to
facilitate development in the Housing
Overlay Zone.
permit in the Institutional Zone with capacity
ReHousing for Homeless to address the City's unmet need. Define Within one year of adoption The Municipal Code was amended to address emergency shelters and transitional of the housing element. housing in 2015 (Ord. 787 8 4, 2015). subject to those restrictions that apply to
on the same in livelings of the same type
Support equal housing opportunity and
provide referral service for residents. A fair housing brochure publicizing the importance of fair housing, types of 9: Fair Housing Opportunity program Abovertue in rusty News and Annually discrimination, and contacts for inquiries and complaints was completed. The brochure is available to the general public and is placed at the City planning counter. at City Hall on an annual basis.
Produce information for the "Industry News"
10: Housing Outreach Industry submitted its 2017, 2018, 2019, 2020 and now 2021 APR. An article on housing efforts was posted on the City's website in Summer 2019. submission to HCD on an annual basis.
Encourage energy efficiency in the housing
grant program and water efficiency
11: Energy Conservation Annually
TAR® appliances, window air-conditioners, lighting upgrades, thermostat upgrade nd other energy efficiency measures up to $250 per home every two years. Customer installation of energy efficiency measures up to $500 per home every two years at no cost. There were no requests for grants during 2021.
General Comments
Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Cells in grey contain auto-calculation
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Project Identifier Units Constructed as Part of Agreement Description of Commercia Commercial Development Bonus Development Bonu Date Approved
2 4
APN Street Address Project Name* Local Jurisdiction Very Low Low Moderate Above Moderate escription of Commerci Commercial Development Bonus Tracking ID* Income Income Income Income evelopment Bont Date Approved Summary Row: Start Data Entry Below
Annual Progress Report January 2020
Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 $6202) Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) lease note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent wi le standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)D) considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Units that Count Towards RHNA *
Units that Do Not Count Towards RHNA* Note - Because the statutory requirements severely limit what can be Listed for Informational Purposes Only counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each Activity Type unit complies with subsection (c) of Government Code Section 65583.1*
Extremely Low- Extremely Low- Very Low-
Income* Very Low-Income* Low-Income* TOTAL UNITS* Income* Income* Low-Income* TOTAL UNITS* Rehabilitation Activity -
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Annual Progress Report January 2020
Jurisdiction Industry NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting Note: "+" indicates an optional field jurisdiction, and has been sold, leased, or otherwise disposed of Cells in grey contain auto-calculation Reporting Period 2021 (Jan. 1 - Dec. 31) during the reporting year.
Planning Period 5th Cycle 10/15/2013 - 10/15/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
Local Jurisdiction Realistic Capacity Entity to whom the site APN Street Address Project Name* Identified in the Intended Use for Site Tracking ID+ Housing Element transferred
Summary Row: Start Data Entry Below
Note: "+" indicates
Jurisdiction Industry an optional field
Cells in grey
contain auto
Reporting Period 2021 calculation formulas
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
For Los Angeles County jurisdictions, please format the APN's as follows: 9999-999-999 Table H
Locally Owned Surplus Sites
Parcel Identifier Designation Size Notes
1 2 3 4 5 6 7
Number of Surplus Notes
APN Street Address/Intersection Existing Use Units Designation Summary Row: Start Data Entry Below
Jurisdiction Industry
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Building Permits Issued by Affordability Summary
Income Level Current Year
Deed Restricted
Very Low Non-Deed Restricted
Deed Restricted 0
Low
Non-Deed Restricted
Deed Restricted
Moderate
Non-Deed Restricted
Above Moderate
Total Units
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed
SFA
SFD
2 to 4
5+ 0
ADU
MH
Total
Housing Applications Summary
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining 0
Number of Streamlining Applications Approvec 0
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Units Constructed - SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0
Low 0 0
Moderate 0
Above Moderate 0 0
Total
Cells in grey contain auto-calculation formulas
Jurisdiction Industry
Reporting Year 2021 (Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 56202)
Please update the status of the proposed uses listed in the entity's application for funding and the corresponding impact on housing within the region or jurisdiction, as opplicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
Total Award Amount
Tatal award amount is auto populated based on amounts entered in rows 15-26 $ Cumulative Reimbursement Other Notes
Task S Amount Awarded
Requested Funding
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Completed Entitlement Issued by Affordability Summary
Income Level Current Year
Deed Restricted
Very Low
Non-Deed Restricted
Deed Restricted
Low
Non-Deed Restricted
Deed Restricted
Moderate
Non-Deed Restricted
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level Current Year
Very Low Deed Restricted
Non-Deed Restricted
Deed Restricted
Low
Non-Deed Restricted
Deed Restricted
Moderate
Non-Deed Restricted
Above Moderate
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level Current Year
Very Low Non-Deed Restricted
Deed Restricted
Low
Non-Deed Restricted
Deed Restricted
Maderale
Non-Deed Restricted
Above Moderate
Total Units
CITY COUNCIL
ITEM NO. 5.5
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM:
Joshua Nelson, Cly Manager gon
DATE: March 24, 2022
SUBJECT: Consideration of Resolution No. CC 2022-12 approving a General Services Agreement between the City of Industry and the County of Los Angeles Background:
On March 9, 2017, the City Council adopted Resolution No. CC 2017-06, approving a General Services Agreement with the County of Los Angeles ("County"). This agreement, which became effective on July 1, 2017, expires June 30, 2022.
General Services Agreements ("GSAs") have been executed with most contract cities within the County. The GSA is general in nature and simply authorizes the County to provide "as-needed" time-limited services requested by the City, such as predatory animal control, prosecution of City ordinances, direct assessment collection, and a variety of public works services. Ongoing services, such as law enforcement and public health code enforcement, are provided by the responsible County departments through Specific Service Agreements ("SSAs"). Any SSAs between the City and the County are not affected by the renewal of this GSA
Discussion:
On February 7, 2022, the County sent a request to renew the existing General Services Agreement for a five-year period, commencing on July 1, 2022. The new GSA will be effective through June 30, 2027, and at the option of the City Council and with the consent of the Board of Supervisors, may be renewable thereafter for an additional period of not to exceed five (5) years.
Fiscal Impact:
The County of Los Angeles General Services Agreement funds were appropriated as part of the Fiscal Year 2021-2022 adopted budget.
15625 Mayor Day Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Recommendation:
1.) Staff recommends the City Council adopt Resolution No. CC 2022-12 approving the General Services Agreement between the City of Industry and the County of Los Angeles; and
2.) Authorize the Mayor to execute the General Services Agreement with the County of Los Angeles dated July 1, 2022.
Exhibits:
A. Resolution No. CC 2022-12
General Services Agreement with the County of Los Angeles dated July 1, 2022
EXHIBIT A
Resolution No. CC 2022-12
[Attached]
RESOLUTION NO. CC 2022-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A GENERAL
SERVICES AGREEMENT WITH THE COUNTY OF LOS
ANGELES
RECITALS
WHEREAS, General Services Agreement No. 77789 with the County of Los Angeles ("County") expires on June 30, 2022; and
WHEREAS, the General Services Agreement is renewable for an additional five- year period at the option of the City, and upon approval by the County Board of Supervisors; and
WHEREAS, on February 7, 2022, the County notified the City in writing of its desire to renew the General Services Agreement; and
WHEREAS, the City and County wish to renew General Services Agreement No. 77789 for an additional five (5) year term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.
SECTION 2: The City Council agrees to the terms and conditions set forth in the General Services Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3: The City Council authorizes the execution of the General Services Agreement, subject to approval as to form by the City Attorney, and any other ancillary documents that may be necessary to carry out this Resolution.
SECTION 4: The provisions of this Resolution are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 5: The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on March 24, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
Julie Gutierrez-Robles, City Clerk
EXHIBIT B
General Services Agreement with the County of Los Angeles dated July 1, 2022 [Attached]
GENERAL SERVICES AGREEMENT
THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, July 1, 2022, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Industry, hereinafter referred to as the "City."
RECITALS:
(a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions.
(b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth.
(c) Such contracts are authorized and provided for by the provisions of Section 56½ of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for.
The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor-Controller in accordance with the policies and procedures established by the Board of Supervisors.
These rates shall be readjusted by the County Auditor-Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County.
No County agent, officer or department shall perform for said City any 1 of 6
function not coming within the scope of the duties of such agent, officer or department in performing services for the County.
No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof.
5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations.
Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense.
It is expressly understood that in the event a local administrative office is maintained in the City for any such County agent, officer or department, such quarters may be used by the County agent, officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City.
7. All persons employed in the performance of such services and functions for 2 of 6
the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right.
For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement.
The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement.
Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment.
The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.
10. Each County agent, officer or department performing any service for the 3 of 6
City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service.
11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder.
12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice.
If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed.
13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, 4 of 6
including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so.
14. This Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2027, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years.
15. In the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2027, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2027, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise, such Agreement shall finally terminate at the end of the aforedescribed period.
Notwithstanding the provisions of this paragraph herein-above set forth, the County may terminate this Agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this Agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County.
16. This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In the event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference.
5 of 6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.
Executed this day of _ _2022.
The City of Industry,
BY Mayor
ATTEST:
City Clerk THE COUNTY OF LOS ANGELES
By_ By_
Chair, Board of Supervisors
ATTEST:
CELIA ZAVALA
Executive Officer/Clerk
of the Board of Supervisors
By_
Deputy
APPROVED AS TO FORM:
RODRIGO A. CASTRO-SILVA
County Counsel
By
Senior Deputy
6 of 6
CITY COUNCIL
ITEM NO. 5.6
CATE OF INDUSTRIE
(1957 CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager On
STAFF: Dev Birla, Operations Manager, CNC Engineering
DATE: March 24, 2022
SUBJECT: Consideration of Amendment No. 5 to the Professional Services Agreement with Trimark Associates, Inc., for the Metrolink Solar and Electrical Vehicles Charger Facility, extending term through March 31, 2025, revising the rate schedule, increasing compensation by $100,000.00, revising indemnity provisions, and revising the address of the City (MP 06-18#10) Background:
On August 22, 2013, the City Council approved a Professional Services Agreement (Agreement) with Trimark Associates, Inc., ("Trimark") for the Metrolink Solar and Electrical Vehicles Charger Facility project for data acquisition system ("DAS"), met station, remote intelligent gateway ("RIG") and revenue meter services. Since then, the City Council has approved four amendments to the original Agreement. The First Amendment was approved by the City Council on September 25, 2014, followed by a Second Amendment on August 13, 2015, the Third Amendment on October 27, 2016 and the Fourth Amendment on June 13, 2019. By the end of March 2022, all the approved budget will be depleted and the term expires on May 31, 2022.
Discussion:
Trimark has provided services for the Metrolink Solar and Electrical Vehicle Charger Facility for nearly nine years, and staff recommends that Trimark continue providing monitoring of the operation of the facility equipment. The Agreement expires May 31, 2022, and Amendment No. 5 will extend it through March 31, 2025, revise the rate schedule to reflect Trimark's new pricing, along with a companion increase in compensation by $100,000.00. Additionally, it is necessary to include language requiring indemnity specific to independent contractors, and to revise the address of the City.
Fiscal Impact:
The fiscal impact is $100,000.00 through March 31, 2025. In the adopted General Fund budget, $136,400.00 is approved (Account No. 100-350-5065) (MP 06-18 #10) and no appropriations are required.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Recommendation:
Staff recommends that the City Council approve Amendment No. 5 to Professional Services Agreement with Trimark Associates, Inc.
Exhibit:
A. Amendment No. 5 to the Professional Services Agreement with Trimark Associates, Inc, dated March 24, 2022
JN/DB:jf
EXHIBIT A
Amendment No. 5 to the Professional Services Agreement with Trimark Associates, Inc, dated March 24, 2022
[Attached]
AMENDMENT NO. 5
TO PROFESSIONAL SERVICES AGREEMENT WITH
TRIMARK ASSOCIATES INC.
This Amendment No. 5 to the Professional Services Agreement ("Agreement") is made and entered into this 24th day of March, 2022, ("Effective Date") by and between the City of Industry, a California municipal corporation ("City") and Trimark Associates, Inc., a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, on or about August 22, 2013, the City Council approved an Agreement for Consulting Services with Trimark Associates, Inc., to provide data acquisition system ("DAS"), met station, remote intelligent gateway ("RIG"), and revenue meter service agreement services for the Metrolink Solar and Electrical Vehicles Charger Facility project; and WHEREAS, on or about September 25, 2014, the City Council approved Amendment No. 1 to the Agreement to update the scope of services and increase compensation by $20,720.00 to continue services; and
WHEREAS, on or about August 13, 2015, the City Council approved Amendment No. 2 to the Agreement to update the scope of services and increase compensation by $20,720.00 to continue services; and
WHEREAS, on or about October 27, 2016, the City Council approved Amendment No. 3 to the Agreement to include the address for the City Attorney, extend the Term through October 27, 2019, and increase the compensation by $63,886.67 to continue services; and WHEREAS, on or about June 13, 2019, the City Council approved Amendment No. 4 to the Agreement to extend the Term through May 31, 2022 and increase the compensation by $62,160.00 to continue services; and
WHEREAS, by the end of March 2022, all the approved budget will be depleted and the Agreement expires on May 31, 2022; and
WHEREAS, the Parties desire to amend the Agreement to allow for the Consultant to continue providing the aforementioned services. Amendment No. 4 extends the term through March 31, 2025, revises the rate schedule to reflect Consultant's current pricing, along with a companion increase in compensation by $100,000.00. Additionally, it is necessary to include indemnity language specific to independent contractors, and revise the address for the City, City Attorney, and Consultant; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 5, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
Section 1. Term
Section 1 is hereby amended to read in its entirety as follows:
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 31, 2025, unless sooner terminated pursuant to the provisions of this Agreement.
Section 5. Compensation and Payment
The second sentence of Section 5.1 is hereby amended to read in its entirety as follows:
This amount shall not exceed Two Hundred Eighty-Eight Thousand Two Hundred and Ten Dollars ($288,210.00) for the total Term of the Agreement unless additional payment is approved in writing, by the City.
Section 12. Status of Consultant
Section 12 is hereby amended to read in its entirety as follows:
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor. The provisions of this Section 12(c) are effective as of January 1, 2020. The indemnity provisions set forth in this Section 12(c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.
Section 21. Notices
Section 21 is hereby amended to read in its entirety as follows:
To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attn: City Manager
With Copy to: Casso and Sparks, LLP
13300 Crossroads Parkway, Suite 410
City of Industry, CA 91746
Attn: James M. Casso
To Consultant Trimark Associates Inc.
2365 Iron Point Road, Suite 100
Folsom, CA 95630
Attn: Trimark Operations Center
Exhibit B, Rate Schedule
The Rate Schedule is hereby rescinded in its entirety, and replaced with the rates set forth in Attachment 1 attached hereto, and incorporated herein by reference.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 5 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Trimark Associates, Inc.
By: By:
Joshua Nelson, City Manager Mark Morosky, CEO/President Attest:
By:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By: _
James M. Casso, City Attorney
ATTACHMENT 1
EXHIBIT B
Service Agreement Fee Table1
Itemized Services and Coverage Price (USD)
Service Agreement: One (1) Year of Silver Level Services (Two (2) hours before sunrise and two (2) hours after sunset PST, seven (7) days a week)
1. Maintenance Services
• Planned Maintenance Services $17,294.67
• Equipment Failure Services
2. Data Management Services
• SCADA Data Management Services $9,503.33
3. Vantage Hosting Services $1,995.00
4. Trimark Operations Center (TOC) Services Included
Service Agreement - Year 1 Annual Total
Effective: April 1, 2022 - March 31, 2023 $28,793.00
Service Agreement - Year 2 Annual Total
Effective: April 1, 2023- March 31, 2024 $29,656.79
Service Agreement - Year 3 Annual Total
Effective: April 1, 2024 - March 31, 2025 $30,546.50
Annual Service Fee in accordance with the Service Agreement Fee Table 1 and tasks not covered under Table 1 billed on updated hourly rates per Appendix A.
Appendix A - Hourly Rate 2022
Group Classification Hourly Rate
(USD)
$ 295
irector of Engineering $250
irector of SCADA Controls $235
$ 235
Director of Metering Services $235
Management Manager of Project Management
$ 210
$ 190
roject Manage $ 175
ssociate Project Manager $ 130
$ 205
$ 190
$ 180
SCADA Engineer $165
Associate SCADA Engineer $ 155
Power Engineer $195
Electrical Engineer $ 170
Senior Software Developer $ 185
Software Developer $165
Tand Security Manage $ 215
Engineering/Desig enior Network Security Enginee $195
rech/Security Network Security Engineer $ 185
System Security Specialist $ 175
Systems Administrator $ 145
Engineong and Design Manager $125
$ 185
Associate Project Engineer $ 160
$ 175
Senior CAD Specialist $ 150
CAD Design Specialist $ 135
nior Meter Engine $ 195
eter Engine $ 175
Electric Metering Senior CAISO Metering Technician
$185
Certified CAISO Metering Technician $ 175
Data Scientist $ 175
$ 155
Data Services $ 145
Associate Data Analyst $125
Quality Assurance Analyst $ 135
Lead Field Technician $ 165
Field Technician $ 130
Field Electrician $125
Services Production Manager $175
Construction Production Lead $145
Production Production Specialist $ 105
Production Administrator $85
arts and Material AT COST
Expenses ut-of-Pocket Expense AT COST
Travel (mileage) per IRS rate $ 0.58 / mile
Travel labor time (75% of hourly rate)
Overtime Rates: Applies to any position (1.5 times the normal rate). Sundays and holidays are the exception, which are double time.
EXHIBIT A TO AMENDMENT NO. 5
AGREEMENT FOR CONSULTING SERVICES WITH TRIMARK ASSOCIATES, INC.
DATED AUGUST 22, 2013
City of Industry
PROFESSIONAL SERVICES AGREEMENT
With
Trimark Associates, Inc.
Effective Date: August 22, 2013
4820-5727-4383 v3
TABLE OF CONTENTS
Page No.
Section 1. Term of Agreement. 1
Section 2. Scope and Performance of Services. ...1
Section 3. Additional Services and Changes in Services... .2 Section 4. Familiarity with Services and Site ..2
Section 5. Compensation and Payment... ..3
Section 6. Required Documentation Prior to Performance.. 3 Section 7. Time of Performance; Excusable Delays; Extensions. ...4 Section 8. Cooperation by City. ....4
Section 9. Project Documents. .4
Section 10. Confidential Information; Release of Information. 5 Section 11. Consultant's Books and Records. ...5
Section 12. Status of Consultant. ..6
Section 13. Compliance with Applicable Laws. ..6
Section 14. Unauthorized Aliens. ....7
Section 15. Conflicts of Interest. ....
Section 16. Indemnification. ..8
Section 17. Insurance. ..9
Section 18. Assignment. 10
Section 19. Default; Limitations on Liability. ...10
Section 20. Termination of Agreement. .....10
Section 21. Notices..... ...11
Section 22. General Provisions 11
EXHIBIT A - SCOPE OF SERVICES. ...A-1
EXHBIT B - KEY PERSONNEL & COMPENSATION B-1
EXHIBIT C - INSURANCE ..C-1
LA #4820-5727-4383 v3
i
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is effective as of August 22 2013 ("Effective Date"), and is between the City of Industry, a California municipal corporation and charter city (City") and Trimark Associates, Inc., a California corporation ("Consultant").
Section 1. Term of Agreement.
subject to the provisions of Section 20 ("Termination of Agreement"), the term of this Agreement wi e for a period commencing on the Effective Date and will terminate upon the completion o Consultant's services.
Section 2. Scope and Performance of Services.
2.1 Consultant agrees to perform the services set forth in Exhibit A ("Scope of Services"), which is made a part of this Agreement.
all of the labor, technical, administrative, professional and other all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement.
Consultant's designated representatives) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit B ("Key Personnel & Compensation"), which is made a part of this Consultant must make every reasonable effort to maintain the stability and continuity of Consultant's key personnel and subcontractors, if any, listed in Exhibit B to perform the services required under this Agreement. Consultant must notify City and obtain City's written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.
Consultant must obtain City's prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation.
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to 4820-5727-4383 v3
City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. Acceptance of any of Consultant's work by City will not constitute a waiver of any of the provisions of this Agreement.
The Consultant must maintain any work site in the City in a safe condition, free of hazards to persons and property resulting from its operations.
Section 3. Additional Services and Changes in Services.
3.1 Consultant will not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in the Scope of Services or otherwise required by this Agreement, unless such additional services are authorized in advance and in writing by City.
3.2 If Consultant believes that additional services are needed to complete the Scope of Services, Consultant will provide the City Manager with written notification describing the proposed additional services, the reasons for such services, and a detailed proposal regarding cost.
City may order changes to the Scope of Services, consisting of additions, deletions, or other agreement between the parties.
Section 4. Familiarity with Services and Site.
4.1 By executing this Agreement, Consultant warrants that Consultant:
(a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
If services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services. Should Consultant discover any latent or unknown conditions that may materially affect the performance of services, Consultant will immediately inform City of such at ond will not proceed except at Consultants own risk until witten instructions are 2 4820-5727-4383 v3
Section 5. Compensation and Payment.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the including seid mentor tual penses, a noted one motor come in., B, unless additional compensation is approved in writing by City.
5.2 The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount.
5.3 Each month during the term of this Agreement, Consultant must furnish City with an original invoice for all services performed and expenses incurred during the preceding month in accordance with the fee schedule set forth in Exhibit B. The invoice must detail charges by the following categories: labor (by subcategory), reimbursable costs, subcontractor contracts and miscellaneous expenses. The invoice must list, as applicable, the hours worked and hourly rates for each personnel category, the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, and the total cost of the services. If applicable, the invoice must also provide a budget summary including the total amounts previously invoiced and paid, the current invoice amount and the budget remaining
5.4 City will review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with this Agreement. In the event that no charges or expenses are disputed, the invoice will be approved and paid. In the event any charges or expenses are disputed by City, the invoice will be returned by City to Consultant for correction and resubmission.
‹cept as to anv chardes for work performed or expenses incurred bv Consultant that al snuted bv City. Citv will cause Consultant to be paid within 30 days of receipt i Consultant's invoice.
5.6 Payment to Consultant for services performed under this Agreement may not be deemed to waive any defects in the services performed by Consultant, even if such defects were known to City at the time of payment.
Consulters the sign substantly inade qurment to Consultant if any aspect of the Section 6. Required Documentation Prior to Performance.
6.1 Consultant may not perform any services under this Agreement until:
(a) Consultant furnishes proof of insurance as required under Exhibit C; (b) Consultant provides City with a Taxpayer Identification Number; (c) Consultant obtains a City business tax certificate and license, if applicable, and provides proof of compliance; and
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(d) City gives Consultant a written notice to proceed.
6.2 The City will have no obligation to pay for any services rendered by Consultant in advance of receiving written authorization to proceed, and Consultant acknowledges that any such services are at Consultant's own risk.
Section 7. Time of Performance; Excusable Delays; Extensions.
7.1 Consultant must adhere to all schedules and deadlines set forth in this Agreement.
Consultant will not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
If Consultant is delayed by any cause beyond Consultant's control, City may grant, but is not required to, a time extension for the completion of services. If delay occurs, Consultant must notify City within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with Consultant's performance of services.
Section 8. Cooperation by City.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Scope of Services will be furnished to Consultant in every reasonable way to facilitate, without undue delay, the services to be performed under this Agreement.
Section 9. Project Documents.
All original computer programs, data, designs, drawings, files, maps, memoranda, models, notes, photographs, reports, studies, surveys and other documents (collectively, "Project Documents") prepared, developed or discovered by Consultant in the course of providing services under this Agreement will become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Consultant. Consultant will take such steps as are necessary to perfect or protect the ownership interest of City in such Project Documents. Upon completion, expiration or termination of this Agreement or upon request by City, Consultant must turn over to City all such original Project Documents in its possession; provided, however, that Consultant may retain copies of Project Documents. City acknowledges and agrees that use of Consultant's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City's owr risk. If necessary, Consultant agrees to execute all appropriate documents to assign to City the copyright or intellectual property rights to the Project Documents created pursuant to this
9.2 Except as necessary for the performance of services under this Agreement, no Project Documents prepared under this Agreement, will be released by Consultant to any other person or entity without City's prior written approval
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Section 10. Confidential Information; Release of Information All information gained or work product produced by Consultant in performance of this Agreement will be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant may not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
Consultant, its officers, employees, or agents, may not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the services performed under this Agreement. Response to a subpoena or court order will not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
If Consultant, or any officer, employee, or agent of Consultant, provides any information or work product (including Project Documents) in violation of this Agreement, then City will have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
Consultant must promptly notify City should Consultant, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the services performed under this Agreement.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
All media and press releases, including graphic display information, must be approved and distributed solely by City, unless otherwise agreed to in writing by City. All media interviews regarding the performance of services under this Agreement are prohibited unless expressly authorized by City.
Section 11. Consultant's Books and Records.
11.1 Consultant must maintain all documents and records demonstrating or relating to Consultant's performance of services under this Agreement, including ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or disbursements charged to City under this
Agreement. All financial documents or records must be maintained in accordance with generally accepted accounting principles and all other documents must be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided b onsultant under this Agreement. All such documents or records must be maintained for a 5 4820-5727-4383 v3
11.2 Any and all records or documents required to be maintained by this section must be made available for inspection, audit and copying, at any time during regular business hours, upon written request by City or its designated representative. Copies of such documents or records must be provided directly to City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records must be made available at Consultant's address indicated for receipt of notices in this Where City has reason to believe that any of the documents or records required to be maintained by this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to a person or entity mutually agreed upon and that such documents and records thereafter be maintained by such person or entity at Consultant's expense. Access to such documents and records must be granted to City, as well as to its successors-in- interest and authorized representatives.
Section 12. Status of Consultant
Consultant is and will at all times remain a wholly independent contractor and not an officer or employee of City. Consultant has no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
The personnel performing the services under this Agreement on behalf of Consultant will at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, will have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as provided in this Agreement. Consultant warrants that it will not at any time or in any manner represent that Consultant or any of Consultant's officers, employees or agents are in any manner officials, officers, or employees of City.
Neither Consultant, nor any of Consultant's officers, employees or agents, will obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim to any such rights or benefits.
Section 13. Compliance with Applicable Laws.
In General. Consultant must use the standard of care in its profession to keep itself informed of and comply with all federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement that apply to the services performed by Consultant.
Professional Licenses and Approvals. Consultant represents and warrants that it will, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals that are legally required for Comerent any rices, permit.
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Employment Laws. Consultant warrants that it will comply with all applicable federal and state employment laws including those that relate to minimum hours and wages, occupational health and safety, and workers compensation insurance. Consultant further warrants that it is an equal opportunity employer and in performing services under this Agreement agrees to comply with all applicable federal and state laws governing equal opportunity employment, and further agrees that it will not discriminate in the employment of persons to perform services under this Agreement on the basis of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of any such person, except as may be permitted by California Government Code section 12940.
Section 14. Unauthorized Aliens.
Consultant agrees to comply with all of the applicable provisions of the Federal Immigration and Nationality Act (8 U.S.C. § 1101 et seq.), as it may be amended, and further agrees not to employ unauthorized aliens as defined under the Act. Should Consultant employ any unauthorized aliens for the performance of any work or services covered by this Agreement, and should any liability or sanctions be imposed against City for the use of unauthorized aliens, Consultant agrees to reimburse City for the amount of all such liabilities or sanctions imposed, together with any and all related costs, including attorneys' fees, incurred by City.
Section 15. Conflicts of Interest
Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City or that would in any way hinder Consultant's performance of services under this Agreement. Consultant's attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 and following) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.), and California Government Code section 1090.
Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm will make, participate in the making, or in any way attempt to use the position of Consultant to influence any decision of the City in which Consultant knows or has reason to know that Consultant, or any officer, principal or employee of Consultant has any of the financial interests listed in Government Code section 87103.
If Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant must promptly disclose th elationship to City and take such action as City may direct to remedy the conflic City understands and acknowledges that Consultant is, as of the Effective Date, of City on these projects will not be considered a conflict of interest for purposes of this 7 4820-5727-4383 v3
Section 16. Indemnification.
The parties agree that City should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance by Consultant of this Agreement. Accordingly, the provisions of this section are intended by the parties to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify and defend City as set forth in this section.
For the purposes of this section, "City" includes City's officers, officials, employees, agents and volunteers, and "Consultant" includes Consultant's officers, officials, employees, agents and subcontactors.
Consultant agrees to (1) immediately defend and (2) indemnify City from and against, any and all claims and liabilities, regardless of the nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant committed in performing any services under this Agreement or the failure to comply with any of the obligations of this Agreement (collectively, "Claims"). The Claims subject to Consultant's indemnify include, without limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, Sesh claims nts in de is ane associated investigation and administrative expenses.
costs, including reasonable attorneys' fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.
Consultant must notify City within five days of receipt of notice of any Claim made or legal action initiated that arises out of or pertains to Consultant's performance of services under this Agreement.
Consultant's duty to defend is a separate and distinct obligation from Consultant's duty to indemnify. Consultant is obligated to defend City in all legal, equitable, administrative, or special proceedings, with counsel approved by City, immediately upon tender to Consultant responsible for the Claim does not relieve Consultant from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of any City indemnified party. If it is finally adjudicated r agreed by City that liability was caused by the comparative active negligence or willfu nisconduct of any City indemnified party, then Consultant may submit a claim to City fo fees and defense costs in proportion to the
established or a gre reason on patrive ability the city indemnised party.
Consultant agrees that its defense and indemnity obligation under this section, includes the reasonable costs of attorney fees incurred by City's City Attorney office to monitor and consult with Consultant regarding the defense of any Claim, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at cour 8 4820-5727-4383 v3
hearings, mediations, or other litigation related appearances. City will use its best efforts to avoid duplicative attorney work or appearances in order to keep litigation costs to a reasonable minimum.
Consultant agrees that settlement of any Claim against City requires the consent of City. City agrees that its consent will not be unreasonably withheld provided that Consultant is financially able (based on demonstrated assets including insurance) to fulfill its obligation to indemnify City for the costs of any such settlement as required under this Agreement.
Consultant's obligation to indemnify City applies unless it is finally adjudicated or agreed by City that the liability was caused by the sole active negligence or sole willful misconduct of a City indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sole active negligence or sole willful misconduct of a City indemnified party or the City otherwise agrees to such a determination, then Consultant's indemnification obligation will be reduced in proportion to the established comparative liability.
The insurance required to be maintained by Consultant under this Agreement is intended to ensure Consultant's obligations under this section, but the limits of such insurance do not limit the liability of Consultant.
Notwithstanding any provision of this Agreement to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code section 2782.8, which limits claims to those that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," is defined in Section 2782.8, and includes licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities that offer such services in accordance with the applicable provisions of the Business and Professions Code.
Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others as required, Consultant will be fully responsible obligations under this section. City's failure to monitor compliance with this requirement imposes no additional obligations on City and will in no way act as a waiver of
16.12 In the event of any Claim made against City, City may, in its sole discretion, reserve, retain or apply any funds due to Consultant under this Agreement for the purpose of resolving such this section will survive the expiration or earlier termination of this
16.13 Threreisions of
Section 17. Insurance.
Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit C ("Insurance"), which is made a part of this Agreement. All 4820-5727-4383 v3 9
insurance policies are subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager or City Attorney.
Section 18. Assignment.
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties written consent of City, which may be withheld in the City's sole discretion. Any attempted to any and all remedies at law or in equity, including summary termination of this Agreement.
Section 19. Default; Limitations on Liability.
19.1 In the event that Consultant is in default under the terms of this Agreement, City will have no obligation or duty to continue compensating Consultant for any services performed after City provides written notice to Consultant of such default.
19.2 Consultant agrees that no City official, officer, employee or agent will be personally liable to Consultant in the event of any default or breach of City, or for any amount which may become due to Consultant, or for any obligations directly or indirectly incurred under this Agreement.
City's liability under this Agreement is limited to payment of Consultant in accordance with the terms of this Agreement and excludes any liability whatsoever for consequential or indirect damages even if such damages are foreseeable.
Section 20. Termination of Agreement.
20.1 City may terminate this Agreement, with or without cause, at any time by written notice of termination to Consultant. In the event such notice is given, Consultant must cease immediately all work and services in progress.
20.2 Consultant may terminate this Agreement at any time upon 30 days prior written notice of termination to City.
Upon termination of this Agreement by either Consultant or City, all property belonging to City hourly rate will be prorated based on the percentage of work completed as of the date of termination.
Consultant acknowledges City's rights to terminate this Agreement as provided in this section, and hereby waives any and all claims for damages that might otherwise arise from City's termination of this Agreement.
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Section 21. Notices.
All written notices required or permitted to be given under this Agreement will be deemed made when received by the other party at its respective address as follows:
To City: City of Industry
15625 East Stafford Street, Suite 100
City of Industry, CA 91744
Attention: Kevin Radecki
(Tel.) (626) 333-2211
(Fax) (626) 961-6795
(E-Mail) [email protected]
To Consultant: Trimark Associates, Inc.
193 Blue Ravine Road
Folsom, CA 95630
Attention: Mark Morosky
(Tel.) (916) 357-5970
(Fax) (916) 357-5971
(E-mail) [email protected]
21.2 Notice will be deemed effective on the date personally delivered or electronically transmitted
21.3 Any party may change its notice information by giving notice to the other party in compliance with this section.
Section 22. General Provisions.
22.1 Authority to Execute; Counterparts. Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder. This Agreement may be executed in several counterparts, each of which will constitute one and the same instrument and will become binding upon the parties when at least one copy has been signed by both
22.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and assigns of the parties
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Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by Consultant and by the City Council or City Manager, as applicable. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
Facsimile Signatures. Amendments to this Agreement will be considered executed when the signature page of a party is delivered by electronic transmission. Such electronic signatures will have the same effect as an original signature.
Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any services by Consultant will not constitute a waiver of any of the provisions of this Agreement.
22.7 Interpretation. This Agreement will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will not be affected and the Agreement will be read anc construed without the invalid. void or unenforceable provision Venue. In the event of litigation between the parties, venue in will be exclusively in a state court in the County of Los Angeles.
(Signatures on the following page.]
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THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF the parties hereby execute this Agreement as follows:
CITY OF INDUSTRY
2211%
Tim Spohn, Mayor
ATTEST:
Jod/Scrivens, City Clerk
APPROVED AS TO FORM:
Michele Vadon, City Atforney
CONSULTANT:
Trimark Associates, Inc., a California Corporation
Schaeder
Pare perbert Finchings
Title:
4820-5727-4383 v3 13
... _
EXHIBIT A
SCOPE OF SERVICES
[Attached]
4820-5727-4383 v3
A
EXHIBIT A
TRIMARK ASSOCIATES, INC.
DATA ACQUISITION SYSTEN (DAS), MET STATION, STANDARD RIG,
AND REVENUE METER SERVICE AGREEMENT
This Service Agreement is for a Data Acquisition System (DAS), MET Station, Remote Intelligence Gateway (RIG), electric power Revenue Meters, and all related equipment between (CITY), with general offices located at 15625 Stafford St. City of Industry, CA 91744 and, Trimark Associates, Inc. whose principal offices are located at 193 Blue Ravine Road, Suite #120, Folsom, CA. 95630.
Scope of Work
For purposes of repairing failures and maintaining DAS, MET, RIG, and Revenue Meter Equipment including the TI-S, Historian, and PowerViewer application and any TRIMARK provided communications or interface devices (EQUIPMENT) on the premises of the CITY location identified in Appendix C, TRIMARK agrees to perform the following services (collectively, the "Services") in exchange for the consideration to be pain by CITY pursuant to Section 3 below as described in APPENDIX A. a. Support for Failures (RIG ):
(CITY) representatives can request service and report problems during normal business hours by calling TRIMARK's help desk at 866-995-5970. Upon receipt of the request, TRIMARK will respond as noted below depending on the nature of the request. After normal business hours, (CITY) representatives should call one of the following TRIMARK team members to report the service request:
1. Dean Schroeder (312) 576-2160
2. Jae Kim (818) 825-0205
3. Tom Finch (916) 337-5396
These individuals will select an appropriate TRIMARK technical staff member to follow up on the service request with (CITY) staff members.
Provide remote network or dial-in support service to troubleshoot and make repairs of the RIG for any reported failures related to the RIG within four business hours • Provide support service at the premises (if necessary) where the RIG resides within one business day following a reported failure related to the RIG - travel & "out of pocket" expenses may be charged as described in APPENDIX A,
• Maintain current configuration and documentation on the RIG including RIG database, configuration details and other RIG related software and/or application drivers, • Provide one (1) Annual Emergency Site Visit (if required) without charge to repair or replace the failed RIG, including travel and expenses for TRIMARK staff to travel to and work at the effected site.
b. EQUIPMENT Maintenance and Monitoring
• Conduct a routine maintenance inspection and assessment of the installed EQUIPMENT • Provide one (1) Annual Maintenance visit without charge, to clean the computer equipment perform backups and updates, and renew the RIG security certificate. • Provide one (1) Annual Maintenance visit without charge to replace the meter battery (on two year cycle) and to conduct a meter registration test (yearly).
Inspect for any corrosion, deterioration, or other pending circumstances that may lead to or make
EXHIBIT A
TRIMARK ASSOCIATES, INC.
• 24/hour 7day system status monitoring via TRIMARK's Spiceworks monitor. c. Software Provision
• Provide and install remote access software for managing Equipment • Provide annual upgrade of the T1-S, Historian, and Power Viewer software. • Provide Operating System Security patches as they are available and tested. • Maintain current configuration and documentation on EQUIPMENT including DAS, RIG and MET databases, configuration details for DAS, RIG, MET and Revenue Meters and other related software and / or application drivers
• Coordinate any RIG diagnostics or program changes with the RIG software provider and • Manage access for authorized users and restrict access for unauthorized users.
COVERED SERVICE AGREEMENT SITES
SITE NAME #of #of #Primary #of Back #of Aux Effective
DAS or MET Meters Up Meters Meters Date
RIG's stations/
Sensor
City of Industry 1 1/5 0 0 August 22,
Metrolink PV 2013
DAS(DAS includes
TI-S, Historian, and
PowerViewer
Software)
City of Industry 1 0 1 0 1 August 22,
Metrolink PV RIG 2013
EXHIBIT B
KEY PERSONNEL & COMPENSATION
1. Consultant's designated representatives) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are: Dean Schoeder.
2. Total compensation under this Agreement, including reimbursement for actual expenses, may not exceed: $20,720.00.
FEE SCHEDULE
(See attached schedule)
KEY PERSONNEL:
Name Title/Position Rate (Per Hour)
SUBCONSULTANTS:
Name Title/Position Rate (Per Hour)
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B-1
EXHIBIT B
TRIMARK ASSOCIATES, INC.
RIG SERVICE AGREEMENT/TIME AND MATERIALS COSTS
RIG SERVICE AGREEMENT / TIME AND MATERIALS COSTS Rate
Service
SERVICE AGREEMENT for DAS and MET Station (See Appendix C below) $12,000/Year (Billed Monthly) SERVICE AGREEMENT for RIG and Meters (See Appendix C below) 8,720/ Year (Billed Monthl $20,720 (Billed Monthly
Travel Costs for additional services Billed at actual cost System Integration Engineer for additional services $185 / Hour
EXHIBIT B
Trimark
Trimark Labor Rates June 2013 - May 2014
Area BE Classification Hourly Rate
Management and Consulting Program Manager / Executive QA $240 Senior Management Consultant $225
Director of Engineering $220
Senior Project Manager $195
Associate Project Manager $185
System Integration Manager $195
Project Coordinator $160
Engineering / Systems Integration Senior Engineer $195
Electrical Engineer $190
Systems Integration Engineer $185
Communications Engineer $170
Communications Technician $150
Field Systems Specialist $155
CAD Manager $140
CAD Technician $125
Electric Metering Meter Engineer $185
Metering Supervisor / Superintendent $175
Certified CAISO Metering Inspector $155
Journey Meterman $145
Apprentice Meterman $125
Meter Data Management MDMA Manager $185
Senior Data Analyst $175
Data Acquisition Systems Specialist $165
Database Manager $155
Associate Data Analyst $140
Electrical Contracting / Construction Journey Electronics Technician $185 Electronics Technician $155
Journey Electrician $135
Apprentice Electriciar $115
Administrative $75
Expenses Parts and Material Cost +12%
Out-of-Pocket. Expenses Cost +12%
Travel (Mileage $0.565/Mile
Travel labor Time (75% of Billing Rate
Overtime rates of (1.5 * normal rate) apply to
work conducted outside core business hours of
8AM to 5PM. Sunday's and holiday's are double
time
EXHIBIT C
INSURANCE
A. General Requirements. Before commencing the performance of services under this Agreement, ind at all other times this Agreement is effective, Consultant must procure and maintain thi allowing types of insurance with coverage limits complying, at a minimum, with the limits set fort below:
Type of Insurance Limits (combined single)
Commercial General Liability: $1,000,000
Business Automobile Liability $1,000,000
Professional Liability $1,000,000
Workers Compensation Statutory Requirement.
Commercial General Liability Insurance. Commercial general liability insurance must have coverage at least as broad as Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual iability for the policy coverage. The insurance must be on an "occurrence" not a "claims made" basis.
C. Business Automobile Insurance. Automobile insurance must have coverage at least as broad as ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage, including coverage for any owned, hired, non-owned or rented vehicles.
Consultant's employees will use personal autos in connection with the provision of services under this Agreement, Consultant will provide evidence of personal auto liability coverage for each such D. Professional Liability (Errors & Omissions) Insurance. This coverage must be on a "claims made" basis, including coverage for contractual liability. The Professional Liability Insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. Insurance must be maintained and evidence of insurance must be provided for at least three years after completion of Consultant's services. If coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the Effective Date, Consultant must purchase extended period coverage for a minimum of three years after completion of services.
E. Workers Compensation. Consultant must have a State of California approved policy form providing the statutory benefits required by law with employer's liability limits of no less than $1,000,000 per accident for all covered losses, or Consultant must provide evidence of an approved self-insurance program. Consultant certifies that it is aware of the provisions of the California Labor Code, which require every employee to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the Labor Code. Consultant certifies that it will comply with such provisions before commencing performance of services under this Agreement and thereafter maintain such coverage as required by the Labor Code.
Additional Insureds. Each Commercial General Liability Insurance policy and Business Auto Insurance policy must provide that the City, its officials, officers, employees, agents and volunteers are "additional insureds" under the terms of the policy, and must provide that an act or omission of one the insureds will not reduce or avoid coverage to the other insureds. 4820-5727-4383 v3
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G. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions applicable to the insurance policies required under this Agreement must be declared to and approved by City. In no event may any required insurance policy have a deductible, self-insured retention or other similar policy provision in excess of $50,000 without prior written approval by City in its sole discretion. At the option of City, either the insurer will reduce or eliminate such deductibles or self-insured retentions with respect to the City's additional insureds or Consultant will procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.
H. Primary Insurance. Each of the insurance policies maintained by Consultant under this Agreement must state that such insurance will be deemed "primary" so that any insurance that may be carried by City will be deemed excess to that of Consultant. This endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or current equivalent form acceptable to City.
1. Certificates of Insurance and Endorsements; Notice of Termination or Changes to Policies.
Prior to commencing any services under this Agreement, Consultant must file with the City certificates of insurance and endorsements evidencing the existence of all insurance required by this Agreement, along with such other evidence of insurance or copies of policies as may reasonably be required by City. These certificates of insurance and endorsements must be in a Consultant must maintain current certificates and
endorsements on file with City during the term of this Agreement reflecting the existence of all required insurance. Each of the certificates must expressly provide that no termination or cancellation of the required coverage will be effective except upon 30 days' prior written notice to City. The delivery to City of any certificates of insurance or endorsements that do not comply with the requirements of this Agreement will not waive the City's right to require compliance. In the event that Consultant's policies are materially changed, Consultant must provide the City with at least 30 days' prior written notice of the applicable changes.
J Insurance Rating. All insurance required to be maintained by Consultant under this Agreement must be issued by companies licensed by or admitted to conduct insurance business in the State of California by the California Department of Insurance and must have a rating of A or better and Class VIl or better by the latest edition of A.M. Best's Key Rating Guide.
K. Aggregate Limits. The aggregate limits for each insurance policy required under this Agreement must apply separately and solely to the services performed under this Agreement. If the required policies do not have an endorsement providing that the aggregate limit applies separately to the services being performed, or if defense costs are included in the aggregate limit, then the required aggregate limits must be increased to an amount satisfactory to City.
L. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a "drop-down provision" providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a "pay-on-behalf" basis, with defense costs payable in addition to policy limits. There may be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Consultant, its subcontractors or others performing work to satisfy Consultant's obligations under this Agreement. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $4,000,000 per occurrence and aggregate.
M. Waiver of Subrogation Rights. Consultant and each insurer providing any insurance required y this Agreement must waive all rights of subrogation against City, its officials, officers, employees, agents and volunteers, and each insurer must issue a certificate to the City evidencing this waiver of subrogation rights.
4820-5727-4383 v3
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Subcontractor Insurance. Should the Consultant subcontract out any of the work or services required under this Agreement, it must include all subcontractors as insured's under its policies or maintain separate certificates and endorsements for each subcontractor. As an alternative, the Contractor may require all subcontractors to provide at their own expense evidence of all the required coverages listed in this Exhibit C. If this option is exercised, both City and Consultant must be named as additional insured under the subcontractor's General Liability policy. All coverages for subcontractors will be subject to all the requirements of this Exhibit C. The City reserves the right to perform an insurance audit during the term of this Agreement to verify compliance with requirements.
Failure to Maintain Required Insurance. If Consultant, for any reason, fails to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at Consultant's expense and deduct the cost of such insurance from payments due to Consultant under this Agreement or may terminate the Agreement.
P. Effect of Coverage. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant's indemnity obligations under this Agreement.
Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
Q. Higher Limits of Insurance. If Consultant maintains higher limits of insurance than the minimums shown above, City will be entitled to coverage for the higher limits maintained by Consultant.
R. Evaluation and Revision of Coverage. City retains the right to modify, delete, alter or change the insurance requirements set forth in this Exhibit C upon not less than 90 days prior written notice. If any such change results in a substantial additional cost to Consultant, the City and Consultant may renegotiate Consultant's compensation under this Agreement. 4820-5727-4383 v3
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CITY COUNCIL
MARCH 24, 2022
ITEM NO. 5.7
Back-up Material will be Distributed Prior to Meeting
CITY COUNCIL
MARCH 24, 2022
ITEM NO. 5.8
Back-up Material will be Distributed Prior to Meeting
CITY COUNCIL
MARCH 24, 2022
ITEM NO. 5.9
Back-up Material will be Distributed Prior to Meeting
CITY COUNCIL
MARCH 24, 2022
ITEM NO. 5.10
Back-up Material will be Distributed Prior to Meeting
CITY COUNCIL
ITEM NO. 6.1
CAT OF INOUSTIL
CITY OF INDUSTRY
1957
CORALES BODE
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM:
Joshua Nelson, City Manager On
STAFF: Bing Hyun, Assistant City Manager
DATE: March 24, 2022
SUBJECT: Consideration of Appointments for Four (4) Vacant Seats on the Civic Center Design and Development Advisory Committee
Background:
The Civic Center Design and Development Advisory Committee ("Committee") was established by the City Council on February 10, 2022 to advise the City Council on the physical environment of the City's Civic Center, provide input to the City Council on the design of proposed development within the City's Civic Center, and provide recommendations to the City Council on future development in the City's Civic Center.
Pursuant to Resolution No. CC 2022-08, the Committee is served by a total of five (5) Members, which include two (2) City Council Members appointed by the Mayor; two (2) qualified electors of the City, and the Director of Development Services. The individuals appointed by the City Council shall serve a two-year term.
For the open seats to be held by qualified electors, the City Clerk issued a 30-day notice of vacancy on February 21, 2022, inviting applications. The deadline to receive applications is March 21, 2022. As of the date of the staff report, two (2) applications have been received from the following individuals:
Steve Marcucci
Manuel Perez
Any other applications received by Monday, March 21 will be presented to the City Council as a handout prior to the meeting.
In addition, the Mayor may also choose to appoint two (2) City Council Members that would like to serve on the Committee at this meeting or at a future meeting.
Recommendation:
Discuss and make appointments to the Civic Center Design and Development Advisory Committee and /or provide additional direction to staff. 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Exhibit:
A. Applications for Civic Center Design and Development Advisory Committee JN/BH:yp
EXHIBIT A
Applications for Civic Center Design and Development Advisory Committee [Attached]
CITY OF INDUSTRKECEIVED
MAR 1 5 2022
CITY OF INDUSTRY CITY OF NEUSTRY
APPLICATION FOR CITY COMMISSION, AUTHORITY, OR
ADVISORY COMMITTEE
To: The Honorable Mayor and Members of the City Council Please accept this correspondence as my formal interest in serving on the City of Industry CIvic GENTER DESIGN AND DEUElOPMENT ADUSORY ComMITTEE I very much appreciate your consideration.
Sincerely,
STEVE MARCUCCI
Print your name
Address
Phone Number
Email Address
stle
Signature
3/10/22
Date
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org
CITY OF INDUSTRY
CITY OF INDUSTRY
APPLICATION FOR CITY COMMISSION, AUTHORITY, OR
ADVISORY COMMITTEE
To: The Honorable Mayor and Members of the City Council Please accept this correspondence as my formal interest in serving on the City of Industry CIVIC CENTER DESIGN O DEVALOPMENT COMMITTER I very much appreciate your consideration.
Sincerely, RECEIVED
MANUEL D. PEREZ FEB 1 8 2022
Print your name COME INDUSTRY
Address
Phone Number
Email Address
Manal
Signature
2/17/2022
Date
15625 Mayor Dave Way • City of Industry, Californin 91744 • 626.333.221| • www.cityofindustry.org February 17, 2022
RECEIVED
The Honorable Mayor and City Council FEB 18 2022
15625 Mayor Dave Way CITY CLERI
City of Industry, CA 91744 ITY OF INDUSTR
Dear Mayor Moss and Members of the City Council:
Today I write to express my interest in serving on the Civic Center Design and Development Advisory Committee ("CCDDAC", or the "Committee"). While I was disappointed to give up my seat on the Planning Commission, I am still ready to be of service to my community. As a resident for almost twenty-five years, and neighbor to the Civic Center for over twenty-two of them, I feel as though I can provide valuable input and perspective to this Committee.
As Chair of the El Monte Farmers Market Steering Committee for the past two years, I've gained experience in conducting meeting business, soliciting input and efficiently allocating resources from across multiple City Departments. Through my work as a Legal Assistant with Olivarez, Madruga, Lemieux and O'Neil, LLP, I've been exposed to various real estate transactions, development projects and their respective financing efforts. While the work is complex, it takes a certain amount of creativity to reconcile the various statutory and regulatory requirements with individual project characteristics. In addition to development, I also have experience with general municipal affairs as well as: Planning and Zoning Law, CEQA, the Surplus Land Act, and the revision and adoption of both development standards and design guidelines.
If appointed to this important Committee, I promise to dutifully fulfill the responsibilities entrusted to me by this Council and strive to conduct robust research to support the Committee's recommendations.
Thank you for your consideration.
Very Sincerely,
Manuel D. Perez
Enc: Application for City Commission, Authority or Advisory Committee