Cities Index.
Agenda

Industry City Council
October 13, 2022

Document
Agenda
Meeting
October 13, 2022
Body
Industry City Council
Pages
17
Original file
19.2 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofindustry.org. That file is the official record.

CITY OF INDUSTRY
CITY COUNCIL Mayor Cory C. Moss
REGULAR MEETING AGENDA Mayor Pro Tem Cathy Marcucci

CUT OF MOUSED
OCTOBER 13, 2022 Council Member Michael Greubel
* 1957
9:00 AM
Council Member Mark D. Radecki
LOS
ANGELES COU Council Member Newell Ruggles
Location: City Council Chambers, 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: 940 631 346# 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, , October 11, 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 on 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, 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
OCTOBER 13, 2022
PAGE NO. 1
Call to Order
Flag Salute
Roll Call
Presentation- Meals on Wheels update
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.

6.1 Consideration of the Register of Demands for October 13, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 Consideration of an Amended and Restated Proclamation and Order of the City Council of the City of Industry, California, Proclaiming Existence of a Local Emergency; and
Consideration of a Resolution Continuing the Authorization of Remote Teleconference Meetings Pursuant to AB 361
RECOMMENDED ACTION: Adopt the Amended and
Rested Proclamation proclaiming existence of a local emergency, and the Resolution continuing the authorization of remote teleconferencing meeting pursuant to AB 361

6.3 Consideration of an Acknowledgement Form for the San Gabriel Valley Council of Governments Measure M Multi-Year Subregional Program RECOMMENDED ACTION: Approve the
Acknowledgement Form.

6.4 Consideration of Resolution No. CC 2022-41, Supporting the Los Angeles County Metropolitan Transportation Authority's Complete Streets Policy RECOMMENDED ACTION: Adopt Resolution No. CC
2022-41

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 13, 2022
PAGE NO. 2

6.5 Consideration of Resolution No. CC 2022-42, approving a donation to the Industry Sheriff's Youth Athletic League, in the amount of $15,000.00 for its fall festival program
RECOMMENDED ACTION: Adopt Resolution No. CC
2022-42

6.6 Consideration of Amendment No. 1 to the Maintenance Services Agreement with Janus Pest Management, Inc., for pest control services, revising the scope of services
RECOMMENDED ACTION: Approve the agreement.

6.7 Consideration of a Professional Services Agreement with Elevate Public Affairs, LLC, for public relations consulting services, for a not-to-exceed amount of $1,000,000.00, through October 31, 2027
RECOMMENDED ACTION: Approve the agreement.

6.8 Consideration of an Exclusive Negotiating Agreement with Newage PHM, LLC for properties generally known as 1560-1630 S. Azusa Avenue, City of Industry, California
RECOMMENDED ACTION: Approve the agreement.

ACTION ITEMS

7.1 Presentation and Discussion regarding the Wildlife Conservation Board Funding Strategy for Follows Camp
RECOMMENDED ACTION: Discuss and provide
direction to
Staff

7.2 Presentation, discussion, and direction regarding the Homestead Museum's draft mission statement
RECOMMENDED ACTION: Discuss and provide
direction to Staff.

Consideration of Ordinance No. 819 - an Ordinance of the City Council of the City of Industry, California, Amending Section 3.04.040 (Bidding procedures), 3.04.050 (Purchases on the open market), 3.04.055 (Professional services), and 3.04 9 Purchasing System), of Title 3 (Revenue and Finance) of the City of Industry Municipal Code, and Adopting a Notice of Exemption Regarding Same; and
Consideration of an Amended Procurement Policy

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 13, 2022
PAGE NO. 3
RECOMMENDED ACTION: 1) Waive the reading of
Ordinance No. 819, and read by title only; and 2) Introduce Ordinance No. 819 An Ordinance of the City of Council of the City of Industry, California, Amending Section 3.04.040 (Bidding procedures), 3.04.050 (Purchases on the open market), 3.04.055 (Professional services), and 3.04 9 Purchasing System), of Title 3 (Revenue and Finance) of the City of Industry Municipal Code, and Adopting a Notice of Exemption Regarding Same; and 3) Adopt the Amended Procurement Policy, which will become effective upon the effective date of Ordinance No. 819

7.4 Consideration of Amendment No. 1 to the Professional Services Agreement with GAA Architects, Inc., for architectural design services for the proposed recreation center building, extending the term through September 30, 2023, and increasing compensation by $15,500.00 RECOMMENDED ACTION: Approve the Amendment.

8. CLOSED SESSION

8.1 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
Conference with real property negotiators pursuant to Government Code Section 54956.8:

Property: Portion of street right of way at Grand Avenue and Grand Crossing Parkway, north of SR-60
and south of Marcellin Drive
Agency Negotiators: James M. Casso, City Attorney
Joshua Nelson, City Manager
Negotiating Parties: Grand Diamond Bar Properties, LLC
Under Negotiation: Price and terms of payment

8.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): one potential case

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 13, 2022
PAGE NO. 4

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 1560, 1576, 1580, 1590, 1600, 1620, and
1630 S. Azusa Ave., City of Industry, CA,
91744 also known as Assessor Parcel
Numbers 8254-004-040, 8254-004-041, 8254-
004-118, 8254-004-120, and 8254-004-121
Agency Negotiator: Joshua Nelson, City Manager
Negotiating Party: Newage PHM, LLC
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Cisneros v. City of Industry, et al
Superior Court of California, County of Los Angeles
Case No. 22STCV04118

8.6 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b) (1)
TITLE: City Manager

9. CITY MANAGER REPORTS

10. AB 1234 REPORTS

11. CITY COUNCIL COMMUNICATIONS

12. Adjournment. The next regular City Council Meeting is Thursday, October 27, 2022, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 13. 2022
PAGE NO. 5

CITY COUNCIL
ITEM NO. 6.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF OCTOBER 13, 2022
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 2,663,398.24
103 PROP A FUND 17,262.59
107 MEASURE W 19,060.00
120 CAPITAL IMPROVEMENTS 390,402.94
TOTAL ALL FUNDS 3,090,123.77
BANK RECAP:

BANK NAME DISBURSEMENTS
BOFA BOFA - CKING ACCOUNT 103,284.51
PROP/A PROP A - CKING ACCOUNT 17,262.59
MEASURE W - CKING ACCOUNT 19,060.00
WFBK WELLS FARGO - CKING ACCOUNT 2,950,516.67
TOTAL ALL BANKS 3,090,123.77

APPROVED PER CITY MANAGER
-
CITY OF INDUSTRY P. 1

BANK OF AMERICA
October 13, 2022
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1285 09/15/2022 CAL-PERS $50,986.30
Invoice Date Description Amount
OCTOBER 2022 09/15/2022 CALPERS MEDICAL PREMIUM FOR OCT 2022 $50,986.30 WT1286 09/27/2022 JOHN HANCOCK USA $4,563.89
invoice Date Description Amount
8/20-9/2122 09/27/2022 PARS CONTRIBUTION FOR 8/20-9/2/22 $4,563.89 WT1287 09/27/2022 JOHN HANCOCK USA $4,564.92
Invoice Date Description Amount
9/3-9/16/22 09/2712022 PARS CONTRIBUTION FOR 9/3-9/16/22 $4,564.92 WT1288 08/10/2022 MIDAMERICA ADMINISTRATIVE & S43,169.40 Invoice Date Description Amount
SEP/OCT2022-A 08/10/2022 RETIREE HEALTH PREMIUM REIMBURSEMENTS $43,169.40 Checks Status Count Transaction Amount
Total 4 $103,284.51
CITY OF INDUSTRY P. 2
PROP A
October 13, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90428 09/28/2022 WALNUT VALLEY WATER DISTRICT $26.48
Invoice Date Description Amount
4438341 09/13/2022 08/01-08/31/22 SVC - PLATFORM METROLINK BREA $26.48 90429 10/05/2022 SOUTHERN CALIFORNIA EDISON $183.19
Invoice Date Description Amount
2023-00000558 09/21/2022 08/22-09/20/22 SVG - 600 S BREA CYN B $183.19 90430 10/05/2022 WALNUT VALLEY WATER DISTRICT $645.42
Invoice Date Description Amount
4437405 09/12/2022 08/01-08/31/22 SVC - IRR METROLINK STA-SPANISH $645.42 90431 10/13/2022 BLAKE AIR CONDITIONING COMPANY $58.50
Invoice Date Description Amount
61872 06/14/2022 A/C REPAIR-METROLINK $58.50
90432 10/13/2022 CNC ENGINEERING $9,125.00
Invoice Date Description Amount
506290 09/29/2022 ANNUAL BUS STOP ADA IMPROVEMENTS $782.50 506291 09/29/2022 METROLINK STATION COMMUTER RAIL STATION $725.00 506292 09/29/2022 FULLERTON RD GRADE SEPARATION $4,740.00 506293 09/29/2022 FAIRWAY DR GRADE SEPARATION $2,877.50 90433 10/13/2022 INDUSTRY SECURITY SERVICES $7,224.00
Invoice Date Description Amount
14-26855 09/16/2022 SECURITY SVC-METROLINK $2,580.00
14-26874 09/23/2022 SECURITY SVC-METROLINK $2,580.00
CITY OF INDUSTRY P. 3
PROP A
October 13, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
14-26836 09/09/2022 SECURITY SVC-METROLINK $2,064.00
Checks Status Count Transaction Amount
Total 6 $17,262.59
CITY OF INDUSTRY P. 4

MEASURE W
October 13, 2022
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300014 10/13/2022 CNC ENGINEERING $19,060.00
Invoice Date Description Amount
506287 09/29/2022 FOUR GRADE SEPARATION PUMP STATIONS $7,925.00 506288 09/29/2022 NDES-STORM WATER $7,780.00
506289 09/29/2022 2021 CLEANOUT OF STORMWATER DEVICES $3,355.00 Check Status Count Transaction Amount
Total 1 $19,060.00
CITY OF INDUSTRY P. 5.

WELLS FARGO VOIDED CHECKS
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78783 08/10/2022 10/04/2022 AT & T ($179.00)
Invoice Date Description Amount
8888121709 07/23/2022 06/19-07/18/22 SVC - 600 BREA CYN - METROLINK $179.00 79078 09/28/2022 09/28/2022 SAN GABRIEL VALLEY WATER CO. ($3,107.45) Invoice Date Description Amount
2023-00000514 09/13/2022 08/10-09/12/22 SVC - 1322 IRRIG PUENTE $498.45 2023-00000515 09/13/2022 08/10-09/12/22 SVC - 13756 VALLEY $1,126.61 2023-00000516 09/13/2022 08/10-09/12/22 SVC - 123 IRRIG WORKMAN MILL $310.00 2023-00000517 09/15/2022 08/15-09/14/22 SVC - 336 EL ENCANTO $45.78 2023-00000518 09/14/2022 08/11-09/13/22 SVC - 14329 VALLEY $1,126.61 Checks Status Count Transaction Amount
Total 2 ($3,286.45)
CITY OF INDUSTRY P. 6

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79060 09/20/2022 SPECTRUM $938.99
Invoice Date Description Amount
0362894091022 09/10/2022 BUSINESS INTERNET-SEP 2022 $938.99 79061 09/20/2022 STATE COMPENSATION INSURANCE $2,179.91 Invoice Date Description Amount
1000918516 09/01/2022 WORKERS COMP PREMIUM FOR SEPTEMBER 2022 $2,179.91 79062 09/20/2022 - WELLS FARGO $4,364.73
Invoice Date Description Amount
8/2-10/3/2022 09/02/2022 CREDIT CARD EXPENSE P/E 10/3/22 $4,364.73 79063 09/21/2022 AT & T $9.25
Invoice Date Description Amount
2023-00000490 09/01/2022 09/01-09/30/22 SVC - CITY WHITE PAGES $9.25 79064 09/21/2022 AT & T $319.18
Invoice Date Description Amount
3141713204 09/01/2022 09/01-09/30/22 SVC - METROLINK T1 CIRCUIT $319.18 79065 09/21/2022 FRONTIER $1,507.69
Invoice Date Description Amount
2023-00000481 09/10/2022 09/10-10/09/22 SVC - 600 BREA CYN RD $267.11 2023-00000482 09/01/2022 09/01-09/30/22 SVC - VARIOUS SITES $1,032.15 2023-00000483 09/02/2022 09/02-10/01/22 SVC - IH GOLF COURSE FUEL PUMP $144.99 2023-00000484 09/02/2022 09/02-10/01/22 SVC - 1015 NOGALES ST $63.44 CITY OF INDUSTRY P. 7

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79066 09/21/2022 SOCALGAS $215.41
Invoice Date Description Amount
2023-00000485 09/08/2022 08/05-09/06/22 SVC - 15633 RAUSCH RD $54.86 2023-00000486 09/08/2022 08/05-09/06/22 SVC - 15651 MAYOR DAVE WAY $71.76 2023-00000487 09/08/2022 08/05-09/06/22 SVC - 15718 RAUSCH RD REAR $52.69 2023-00000488 09/08/2022 08/05-09/06/22 SVC - 15625 MAYOR DAVE WAY APT B $15.88 2023-00000489 09/08/2022 08/05-09/06/22 SVC - 15625 MAYOR DAVE WAY APT A $20.22 79067 09/21/2022 SOUTHERN CALIFORNIA EDISON $19,196.94
Invoice Date Description Amount
2023-00000492 09/01/2022 08/01-08/31/22 SVC - VARIOUS SITES $8,851.64 2023-00000493 09/01/2022 08/01-08/31/22 SVC - VARIOUS SITES $8,193.47 2023-00000494 09/02/2022 01/14-08/15/22 SVC - VARIOUS TONNER CYN SITES $552.77 2023-00000495 09/07/2022 08/05-09/05/22 SVC - 1123 HATCHER AVE STE A $620.59 2023-00000496 09/07/2022 08/01-08/31/22 SVC - 600 S BREA CYN RD UNIT A $29.18 2023-00000497 09/07/2022 08/05-09/05/22 SVC - 1135 HATCHER AVE $680.07 2023-00000498 09/07/2022 07/07-09/05/22 SVC - VARIOUS VALLEY SITES $66.09 2023-00000499 09/09/2022 08/10-09/08/22 SVC - 122 N PUENTE AVE U1| $109.49 2023-00000500 09/09/2022 08/10-09/08/22 SVC - 575 BALDWIN PARK BLVD U $93.64 79068 09/21/2022 THREE VALLEYS MUNICIPAL WATER $2,085.44 Invoice Date Description Amount
6155 08/31/2022 08/01-08/31/22 SVC - TONNER CYN $2,085.44 79069 09/21/2022 VERIZON BUSINESS $192.91
Invoice Date Description Amount
CITY OF INDUSTRY P. 8

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
622737 09/10/2022 08/01-08/31/22 SVC - VARIOUS SITES $47.28 2023-00000491 09/10/2022 08/01-08/31/22 SVC - VARIOUS SITES $145.63 79070 09/27/2022 CASSO & SPARKS, LLP $361,701.35
Invoice Date Description Amount
20689 09/19/2022 COI-LEGAL FEES FOR JULY 2022 $361,701.35 79071 09/27/2022 FIDELITY SECURITY LIFE $1,249.62
Invoice Date Description Amount
165465591 10/01/2022 VISION PREMIUM FOR OCTOBER 2022 $1,249.62 79072 09/27/2022 HUMANA INSURANCE COMPANY $7,049.38
Invoice Date Description Amount
389690463 09/13/2022 DENTAL PREMIUM FOR OCTOBER 2022 $7,049.38 79073 09/27/2022 L A COUNTY DEPT OF PUBLIC $198.00
Invoice Date Description Amount
09/27/2022 09/27/2022 TO RECORD (11) CORNER RECORDS FOR ROWLAND $198.00 79074 09/27/2022 MUTUAL OF OMAHA - PAYMENT $6,648.72
Invoice Date Description Amount
1417243156 10/01/2022 LIFE INS PREMIUM FOR OCTOBER 2022 $6,648.72 79075 09/27/2022 SPARKLETTS $247.89
Invoice Date Description Amount
21654939 092322 09/23/2022 WATER DELIVERY $247.89
CITY OF INDUSTRY P. 9

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79076 09/27/2022 UNUM LIFE INSURANCE COMPANY $8,060.00
Invoice Date Description Amount
10/1-10/31/22 09/19/2022 LONG TERM CARE PREMIUM FOR OCTOBER 2022 $8,060.00 79077 09/28/2022 INDUSTRY PUBLIC UTILITY $7,754.34
Invoice Date Description Amount
2023-00000513 09/12/2022 08/01-09/01/22 SVC - 600 BREA CYN $7,754.34 79078 09/28/2022 09/28/2022 SAN GABRIEL VALLEY WATER CO. $3,107.45 Invoice Date Description Amount
2023-00000514 09/13/2022 08/10-09/12/22 SVC - 1322 IRRIG PUENTE $498.45 2023-00000515 09/13/2022 08/10-09/12/22 SVC - 13756 VALLEY $1,126.61 2023-00000516 09/13/2022 08/10-09/12/22 SVC - 123 IRRIG WORKMAN MILL $310.00 2023-00000517 09/15/2022 08/15-09/14/22 SVC - 336 EL ENCANTO $45.78 2023-00000518 09/14/2022 08/11-09/13/22 SVC - 14329 VALLEY $1,126.61 79079 09/28/2022 SOUTHERN CALIFORNIA EDISON $17,647.88
Invoice Date Description Amount
2023-00000504 09/15/2022 08/16-09/14/22 SVC - 1023 U FAIRWAY DR PED $139.91 2023-00000505 09/15/2022 08/16-09/14/22 SVC - 1341 FULLERTON RD $160.17 2023-00000506 09/15/2022 08/16-09/14/22 SVC - 15718 RAUSCH RD $242.40 2023-00000507 09/15/2022 08/11-09/14/22 SVC - VARIOUS SITES $1,669.76 2023-00000508 09/16/2022 08/17-09/15/22 SVC - 900 NOGALES U $1,790.55 2023-00000509 09/15/2022 08/16-09/14/22 SVC - VARIOUS SITES $74.25 2023-00000510 09/15/2022 08/16-09/14/22 SVC - PECK RD S/O PELISIER $52.39 2023-00000511 09/15/2022 08/16-09/14/22 SVC - VARIOUS SITES $13,425.60 CITY OF INDUSTRY P. 10

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2023-00000512 09/12/2022 08/11-09/11/22 SVC - 490 S 7TH AVE $92.85 79080 09/28/2022 WALNUT VALLEY WATER DISTRICT $6,583.12 Invoice Date Description Amount
4437554 09/12/2022 08/01-08/31/22 SVC - BAKER PKWY METER #1 $166.52 4437555 09/12/2022 08/01-08/31/22 SVC - BAKER PKWY METER #2 $130.80 4437561 09/12/2022 08/01-08/31/22 SVC - GRAND AVE CROSSING $186.53 4437562 09/12/2022 08/01-08/31/22 SVC - GRAND AVE CROSSING $107.22 09/12/2022 08/01-08/31/22 SVC - 22002 VALLEY BLVD $257.09 4437623 09/12/2022 08/01-08/31/22 SVC - 21627 GRAND AVE CROSSING $132.23 4437624 09/12/2022 08/01-08/31/22 SVC - 21627 GRAND AVE CROSSING $126.51 4438322 09/13/2022 08/01-08/31/22 SVC - PUMP STN N/W CHERYL $35.60 4438342 09/13/2022 08/01-08/31/22 SVC - PUMP STN BREA CYN $22.58 4438571 09/13/2022 08/01-08/31/22 SVC - NOGALES PUMP STN $68.16 4437434 09/12/2022 08/01-08/31/22 SVC - IRR FAIRWAY DR $68.16 4437485 09/12/2022 08/01-08/31/22 SVC - LEMON AVE N OF CURRIER RD $190.85 4437600 09/12/2022 08/01-08/31/22 SVC - 60 FWY INTERCHANGE FAIRWAY $35.00 4437519 09/12/2022 08/01-08/31/22 SVC - BREA CYN RD & OLD RANCH RD $85.28 4437535 09/12/2022 08/01-08/31/22 SVC - FERERRO & GRAND EAST RAMP $784.38 4437581 09/12/2022 08/01-08/31/22 SVC - 21350 VALLEY-MEDIAN $188.78 4437582 09/12/2022 08/01-08/31/22 SVC - GRAND CROSSING EAST $97.70 4437583 09/12/2022 08/01-08/31/22 SVC - GRAND CROSSING WEST $68.72 4437584 09/12/2022 08/01-08/31/22 SVC - BAKER PKWY & GRAND N/W CNR $2,630.82 4437591 09/12/2022 08/01-08/31/22 SVC - E/S GRAND S/O BAKER PKWY $138.54 4437597 09/12/2022 08/01-08/31/22 SVC - BREA CYN N OF RR TRKS $355.85 4437598 09/12/2022 08/01-08/31/22 SVC - BREA CYN N OF CURRIER $51.56 4437631 09/12/2022 08/01-08/31/22 SVC - GRAND XING PKWY W/O GRAND $654.24 CITY OF INDUSTRY P. 11

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79081 10/05/2022 AT & T $102.59
Invoice Date Description Amount
2023-00000537 09/17/2022 09/17-10/16/22 SVC - TONNER GUARD SHACK $102.59 79082 10/05/2022 AT & T $358.00
Invoice Date Description Amount
96829863708 09/23/2022 08/19-09/18/22 SVC - 600 S BREA CYN - METROLINK $358.00 79083 10/05/2022 FRONTIER $356.27
Invoice Date Description Amount
2023-00000538 09/16/2022 09/16-10/15/22 SVC - PH AUTO PLAZA $191.64 2023-00000539 09/16/2022 09/16-10/15/22 SVC - BREA CYN PUMP STN $82.78 2023-00000540 09/19/2022 09/19-10/18/22 SVC - 23400 E FORK AZUSA 91702 $81.85 79084 10/05/2022 SAN GABRIEL VALLEY WATER CO. $3,368.10 Invoice Date Description Amount
2023-00000514 09/13/2022 08/10-09/12/22 SVC - 1322 IRRIG PUENTE $498.45 2023-00000515 09/13/2022 08/10-09/12/22 SVC - 13756 VALLEY $1,126.61 2023-00000516 09/13/2022 08/10-09/12/22 SVC - 123 IRRIG WORKMAN MILL $310.00 2023-00000517 09/15/2022 08/15-09/14/22 SVC - 336 EL ENCANTO $45.78 2023-00000518 09/14/2022 08/11-09/13/22 SVG - 14329 VALLEY $1,126.61 2023-00000536 09/26/2022 08/23-09/22/22 SVC - IRRIG SALT LAKE/SEVENTH $260.65 79085 10/05/2022 SOCALGAS $29.58
Invoice Date Description Amount
2023-00000541 09/19/2022 08/16-09/15/22 SVC - 610 S BREA CYN RD $14.79 CITY OF INDUSTRY P. 12

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2023-00000542 09/23/2022 08/22-09/21/22 SVC - 13756 VALLEY BLVD $14.79 79086 10/05/2022 SOUTHERN CALIFORNIA EDISON $9,640.58
Invoice Date Description Amount
2023-00000544 09/16/2022 08/16-09/14/22 SVC - VARIOUS SITES $4,068.82 2023-00000545 09/20/2022 08/19-09/19/22 SVC - VARIOUS SITES $77.71 2023-00000546 09/20/2022 08/16-09/14/22 SVC - VARIOUS TONNER CYN SITES $83.94 2023-00000547 09/21/2022 08/22-09/20/22 SVC - 1004 U FAIRWAY DR $155.24 2023-00000548 09/21/2022 08/22-09/20/22 SVC - 1007 LAWSON ST TC1 $67.51 2023-00000549 09/21/2022 08/22-09/20/22 SVC - 21380 VALLEY PED $17.85 2023-00000550 09/21/2022 08/22-09/20/22 SVC - 580 BREA CYN $18.92 2023-00000551 09/21/2022 08/22-09/20/22 SVC - 575 BREA CYN RD $19.13 2023-00000552 09/22/2022 08/19-09/19/22 SVC - 1015 NOGALES ST $2,070.28 2023-00000553 09/23/2022 08/24-09/22/22 SVC - VARIOUS SITES $867.30 2023-00000554 09/23/2022 08/24-09/22/22 SVC - VARIOUS BREA CYN SITES $1,249.46 2023-00000559 09/21/2022 08/03-09/20/22 SVC - VARIOUS VALLEY BLVD SITES $944.42 79087 10/05/2022 SOUTHERN CALIFORNIA EDISON $819.51
Invoice Date Description Amount
2023-00000543 09/22/2022 03/17-04/17/22 SVC - 19001 TONNER CYN $819.51 79088 10/05/2022 SOUTHERN TIRE MART LLC - DEPT $25.00
Invoice Date Description Amount
7070003945 12/07/2021 TIRE REPAIR-WOOD CHIPPER (HATCHER) $25.00 79089 10/05/2022 SUBURBAN WATER SYSTEMS $1,392.66
CITY OF INDUSTRY P. 13

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
180071391548 09/22/2022 08/24-09/22/22 SVC - 205 HUDSON AVE $78.91 180041930162 09/23/2022 08/25-09/23/22 SVC - AZUSA & GEMINI $1,313.75 79090 10/13/2022 ADVANTEC CONSULTING $835.00
Invoice Date Description Amount
9803-0230-03 09/23/2022 NELIGENT TRANSPORTATION SYSTEM MASTER $835.00 79091 10/13/2022 AVANT-GARDE, INC $14,175.20
Invoice Date Description Amount
7956 09/16/2022 GRANT APPLICATIONS FOR BRIDGE INVESTMENT $14,175.20 79092 10/13/2022 B2 PRINT, LLC $75.70
Invoice Date Description Amount
0011736 09/30/2022 BUSINESS CARDS-M. GREUBEL $75.70
79093 10/13/2022 BENJAMIN A ROMERO II $6,703.75
Invoice Date Description Amount
15625065 09/08/2022 ROUTINE MAINT-VARIOUS LOCATIONS ON VALLEY $403.75 15625056 09/12/2022 REPAIR DOUBLE DOOR-BC $6,300.00
79094 10/13/2022 BIGGS CARDOSA ASSOCIATES, INC. $18,030.00 Invoice Date Description Amount
84907 09/05/2022 ANAHEIM-PUENTE RD OVER SAN JOSE CREEK $12,780.00 84906 09/05/2022 VALLEY BLVD/SAN GABRIEL RIVER BRIDGE $5,250.00 79095 10/13/2022 BLAKE AIR CONDITIONING COMPANY $815.83 CITY OF INDUSTRY P. 14

WELLS FARGO BANK
October 13, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
62540 09/01/2022 AVC MAINT-EL ENCANTO $252.95
62784 09/26/2022 AVC REPAIR-EL ENCANTO $562.88
79096 10/13/2022 CAL-STATE SITE SERVICES $269.26
Invoice Date Description Amount
227699 09/19/2022 PORTABLE RR RENTAL-EL ENCANTO (COVID 19) $269.26 79097 10/13/2022 CASC ENGINEERING AND $16,963.17
Invoice Date Description Amount
46438 05/31/2022 NPDES CONSULTING-COI $2,985.00
0047238 08/31/2022 IS/MND FOR 20701 CURRIER RD $2,068.00 0047240 08/31/2022 IS/ND OR MND, MMRP-3951 CAPITOL AVE $4,480.50 47115 08/31/2022 NPDES CONSULTING-COI $7,429.67
79098 10/13/2022 CASSO & SPARKS, LLP $2,319.45
Invoice Date Description Amount
20695 09/29/2022 SA-LEGAL SVC FOR JAN-JUN 2022 $2,319.45 79099 10/13/2022 CHEM PRO LABORATORY, INC $1,083.20
Invoice Date Description Amount
689841 08/23/2022 WATER TREATMENT-EL ENCANTO $1,083.20
79100 10/13/2022 CINTAS CORPORATION LOC 693 $606.37
Invoice Date Description Amount
4131739179 09/19/2022 DOOR MATS $297.61
•
CITY OF INDUSTRY P. 15

WELLS FARGO BANK
October 13, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
: 4131060444 09/12/2022 DOOR MATS $77.19
4131743799 09/19/2022 DOOR MATS $77.19
4133124849 10/03/2022 DOOR MATS $77.19
4132421171 09/26/2022 DOOR MATS $77.19
79101 10/13/2022 CITY OF INDUSTRY-PAYROLL ACCT $100,000.00 Invoice Date Description Amount
PR P/E 9/16/22 09/22/2022 REPLENISH PAYROLL FOR P/E 9/16/22 $100,000.00 79102 10/13/2022 CIVIC PUBLICATIONS, INC. $38,068.00
Invoice Date Description Amount
1731 07/12/2022 ADVERTISTING-COMMUNITY PROFILES 2022 $38,068.00 79103 10/13/2022 CLIFTONLARSONALLEN LLP $4,000.00
Invoice Date Description Amount
3423063 09/27/2022 AUDIT SVC FY 21/22 $4,000.00
79104 10/13/2022 CNC ENGINEERING $232,726.25
Invoice Date Description Amount
506197 09/29/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $660.00 506198 09/29/2022 CITYWIDE SIGNAGE UPDATE $285.00
506199 09/29/2022 SITE PLAN FOR SHERIFF TRAILER $15,235.00 506200 09/29/2022 EL ENCANTO IMPROVEMENTS $860.00
506201 09/29/2022 KELLA AVE STORM DRAIN $537.50
506202 09/29/2022 FULLERTON RD PCC $9,535.00
506203 09/29/2022 GALE AVE REALIGNMENT $160.00
CITY OF INDUSTRY P. 16

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
506204 09/29/2022 RESURFACING OF DON JULIAN RD $2,032.50 506205 09/29/2022 WALNUT DR NORTH WIDENING $645.00
506206 09/29/2022 PRELIMINARY DESIGN OF EW BICYCLE PATH $2,652.50 506207 09/29/2022 GENERAL SVC-20701 E CURRIER RD $410.00 506208 09/29/2022 GENERAL SVC-EMERGENCY VEHICLE PRE-EMPTION $170.00 506209 09/29/2022 GENERAL SVC 9/5-9/25/22 $5,355.00
506210 09/29/2022 GENERAL ENG SVC-COUNTER SERVICE $4,617.50 506211 09/29/2022 GENERAL ENG SVC-TRAFFIC $3,810.00
506212 09/29/2022 GENERAL ENG SVC-PLAN APPROVAL $12,157.50 506213 09/29/2022 GENERAL ENG SVC-PERMITS $36,865.00
506214 09/29/2022 ARENTH AVE STREET IMPROVEMENT $10,100.00 506215 09/29/2022 GENERAL ENG SVC 9/5-9/25/22 $95,927.50 506216 09/29/2022 TONNER CYN PROPERTY $1,592.50
506217 09/29/2022 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $2,815.00 506218 09/29/2022 PUENTE VALLEY OPERABLE UNIT GROUNDWATER $307.50 506219 09/29/2022 CHINO RANCH #1 DAM RENOVATION $2,217.50 506220 09/29/2022 SALT LAKE AVE IMPROVEMENTS $1,120.00
506221 09/29/2022 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $5,775.00 506222 09/29/2022 CITY HALL MAINT-ELEVATOR UPGRADES $610.00 506223 09/29/2022 CITY HALL MAINT $726.25
506224 09/29/2022 INDUSTRY BUSINESS COUNCIL CHAMBERS $180.00 506225 09/29/2022 UPGRADES TO ELECTRONIC FREEWAY DISPLAY $3,620.00 506226 09/29/2022 HOMESTEAD MUSEUM IMPROVEMENTS $555.00 506227 09/29/2022 STIMSON AVE CROSSING $4,327.50
506228 09/29/2022 SIGNING & STRIPING IMPROVEMENTS $2,540.00 506229 09/29/2022 SHERIFF TRAILER SITE $1,320.00
506230 09/29/2022 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $900.00 CITY OF INDUSTRY P. 17

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
506231 09/29/2022 METROLINK MAINT-PARKING LOT SOLAR SYSTEM $1,205.00 506232 09/29/2022 EL ENCANTO IMPROVEMENTS AND MAINT $900.00 79105 10/13/2022 CNC ENGINEERING $132,141.25
Invoice Date Description Amount
506233 09/29/2022 MUSEUM-HEALTHCARE CAMPUS UPGRADES $1,012.50 506234 09/29/2022 SAN JOSE AVE RECONSTRUCTION $3,850.00 506235 09/29/2022 INDUSTRY HILLS FUEL TANKS DISPENSING $1,148.75 506236 09/29/2022 605 FWY AND VALLEY BLVD INTERCHANGE $1,130.00 506237 09/29/2022 VALLEY BLVD BEAUTIFICATION $265.00
506238 09/29/2022 HIGHWAY BRIDGE PROGRAM FUNDING $1,532.50 506239 09/29/2022 SEISMIC RETROFIT ANAHEIM-PUENTE $102.50 506240 09/29/2022 FISCAL YEAR BUDGET $2,292.50
506241 09/29/2022 ROWLAND ST RECONSTRUCTION $7,420.00
506242 09/29/2022 BIXBY DR PCC PAVEMENT $905.00
506243 09/29/2022 FOLLOW'S CAMP PROPERTY $245.00
506244 09/29/2022 FOLLOW'S CAMP PROPERTY $555.00
506245 09/29/2022 NELSON AVE INTERSECTION $4,077.50
506246 09/29/2022 MAINT OF 1123 HATCHER AVE $3,255.00
506247 09/29/2022 CARTEGRAPH MGMT $38,400.00
506248 09/29/2022 HOMESTEAD MUSEUM UPGRADES $1,170.00
506249 09/29/2022 LEMON AVE QUIET ZONE $1,225.00
506250 09/29/2022 CITYWIDE STREET LIGHT LED UPGRADES $8,905.00 506251 09/29/2022 ANNUAL PAVEMENT REHABILITATION $1,890.00 506252 09/29/2022 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $2,160.00 506253 09/29/2022 15710-15718 RAUSCH RD BLDG IMPROVEMENT $3,102.50 CITY OF INDUSTRY P. 18

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
506254 09/29/2022 DEL VALLE AND HILL ST STORM DRAIN $1,050.00 506255 09/29/2022 GALE AVE RESURFACING $5,920.00
506256 09/29/2022 ANNUAL PAVEMENT REHABILITATION $19,630.00 506257 09/29/2022 ANNUAL SLURRY SEAL $725.00
506258 09/29/2022 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $9,210.00 506260 09/29/2022 INTELLIGENT TRANSPORTATION SYSTEM-MASTER $615.00 506261 09/29/2022 CITYWIDE LICENSE PLATE CAMERA READER $782.50 506262 09/29/2022 RAILROAD STREET PAVEMENT REHABILITATION $6,480.00 506265 09/29/2022 PAVEMENT MGMT PLAN 2022 $925.00
506266 09/29/2022 SNOW CREEK STORM DRAIN $510.00
506259 09/29/2022 2022-2023 ANNUAL SLURRY SEAL $360.00
506263 09/29/2022 9TH AVE PAVEMENT REHABILITATION $675.00 506264 09/29/2022 9TH AVE PAVEMENT REHABILITATION $615.00 79106 10/13/2022 CONSILIO, LLC $1,684.16
Invoice Date Description Amount
INV459060 08/31/2022 DOCUMENT MGMT-AUG 2022 $1,684.16
79107 10/13/2022 COUNTY OF ORANGE - $234,869.02
Invoice Date Description Amount
306-021-13-22 10/01/2022 PROP TAX FY 22/23-TONNER CYN $704.96 306-021-02-22 10/01/2022 PROP TAX FY 22/23-TONNER CYN $223,055.98 306-021-01-22 10/01/2022 PROP TAX FY 22/23-TONNER CYN $10,761.08 308-031-32-22 10/01/2022 PROP TAX FY 22/23-TONNER CYN $347.00 79108 10/13/2022 DAPEER, ROSENBLIT, AND LITVAK, $4,099.49 CITY OF INDUSTRY P. 19

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
20644 08/31/2022 SPECIALED LEGAL SVC-AUG 2022 $1,480.52 20643 08/31/2022 SPECIALED LEGAL SVC-AUG 2022 $990.00
20642 08/31/2022 GENERAL CODE ENFORCEMENT-AUG 2022 $1,628.97 79109 10/13/2022 DEPT OF ANIMAL CARE & CONTROL $2,417.78 Invoice Date Description Amount
09/25/2022 09/25/2022 SHELTER COST-AUG 2022 $2,417.78
79110 10/13/2022 DOUG MARTIN CONTRACTING CO., $18,440.68 Invoice Date Description Amount
#4RET CITY-1482 09/01/2022 RETENTION-ANNUAL SLURRY SEAL $18,440.68 79111 10/13/2022 ELECTRA-MEDIA, INC $151,542.32
Invoice Date Description Amount
#5CITY-1467 10/01/2022 PUENTE HILLS AUTO CENTER PYLON SIGN UPGRADE $159,518.23 79112 10/13/2022 ELIZABETH CORIA $2,974.51
Invoice Date Description Amount
09/28/2022 09/28/2022 SETTLEMENT AGREEMENT $2,974.51
79113 10/13/2022 ENTERPRISE MAPS LLC $5,400.00
Invoice Date Description Amount
142 09/19/2022 AMAZON WEB SERVICES $5,400.00
79114 10/13/2022 FEHR & PEERS $165.00
CITY OF INDUSTRY P. 20

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
158744A 09/15/2022 ON-CALL TRANSPORTATION PLANNING $165.00 79115 10/13/2022 FUEL PROS, INC. $14,159.56
Invoice Date Description Amount
63271 08/26/2022 URGENT UPGRADES FOR UST COMPLIANCE-IND $14,009.56 63989 08/24/2022 INDUSTRY HILLS FUEL STN MAINT $150.00
79116 10/13/2022 GRANICUS, LLC $5,347.92
Invoice Date Description Amount
156771 09/28/2022 PUBLIC RECORDS SOFTWARE 9/30/22-9/29/23 $5,347.92 79117 10/13/2022 GREGG MAEDO & ASSOCIATES, INC. $17,253.35 Invoice Date Description Amount
20153 1-8 09/23/2022 NURSE STATION REMODELS-EL ENCANTO $875.00 20153 1-7 08/17/2022 NURSE STATION REMODELS-EL ENCANTO $16,378.35 79118 10/13/2022 GROUP C MEDIA, INC. $7,350.00
Invoice Date Description Amount
34060 09/22/2022 AD FOR BUSINESS FACILITIES $7,350.00
79119 10/13/2022 HACIENDA-LA PUENTE UNIFIED $5,000.00
Invoice Date Description Amount
09/27/2022 09/27/2022 FOR EQUITY & ACCESS FAMILY CENTER GIFT CARD $5,000.00 79120 10/13/2022 HADDICK'S TOWNING INC. $163.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 21

WELLS FARGO BANK
October 13, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
H-96131 09/08/2022 TOWING SVC-CLOTHING BIN $163.00
79121 10/13/2022 HDL COREN & CONE $234.82
Invoice Date Description Amount
SIN021397 09/06/2022 SA-AUDIT SVC PROP TAX $234.82
79122 10/13/2022 INDUSTRY SECURITY SERVICES $96,529.66
Invoice Date Description Amount
14-26845 09/16/2022 SECURITY SVG 9/9-9/15/22 $10,098.40 14-26848 09/16/2022 SECURITY SVC-VARIOUS CITY SITES $21,236.64 14-26863 09/23/2022 SECURITY SVC 9/16-9/22122 $10,080.10 14-26866 09/23/2022 SECURITY SVC-VARIOUS CITY SITES $21,427.07 14-26825 09/09/2022 SECURITY SVC 9/2-9/8/22 $10,744.19
14-26828 09/09/2022 SECURITY SVC-VARIOUS CITY SITES $22,943.26 79123 10/13/2022 IRRI-CARE PLUMBING & BACKFLOW $2,353.85 Invoice Date Description Amount
13978 08/27/2022 BACKFLOW REPAIR-EL ENCANTO $250.89
13976 08/15/2022 BACKFLOW TESTING-EL ENCANTO $605.00
13980 08/28/2022 BACKFLOW REPAIR-CROSSROADS PKY NORTH $342.96 13977 08/15/2022 BACKFLOW TEST-VARIOUS LOCATIONS $935.00 13871 08/15/2022 BACKFLOW TEST-IBC $165.00
13974 08/15/2022 BACKFLOW TEST-CITY HALL $55.00
79124 10/13/2022 JEFF PARRIOTT PHOTOGRAPHIC $5,625.00
Invoice Date Description Amount
CITY OF INDUSTRY P.22

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
CO10922 09/29/2022 PROF SVC-HOMESTEAD $5,625.00
79125 10/13/2022 JOE A. GONSALVES & SON $10,000.00
Invoice Date Description Amount
09/15/2022 LEGISLATIVE SVC-SEP 2022 $10,000.00
160156
79126 10/13/2022 KC POWER CLEAN INC. $4,000.00
Invoice Date Description Amount
27810 07/13/2022 SANDBLASTING TREATMENT-HACIENDA BLVD $4,000.00 79127 10/13/2022 KLINE'S PLUMBING, INC. $900.00
Invoice Date Description Amount
12449 09/07/2022 INSTALL COPPER LINE-YAL/POST OFFICE $450.00 12465 09/12/2022 EMERGENCY CALL-EL ENCANTO $450.00
79128 10/13/2022 L A COUNTY DEPT OF PUBLIC $30,722.14
Invoice Date Description Amount
IN230000166 09/26/2022 BLDG & SAFETY-ONE STOP SHOP FOR JUL 2022 $30,722.14 79129 10/13/2022 L A COUNTY SHERIFF'S $1,025,088.69
Invoice Date Description Amount
230419LL 09/21/2022 SPECIAL EVENTS-DIRECTED PATROL $48,718.13 230299LL 09/15/2022 SHERIFF CONTRACT-AUG 2022 $976,370.56 79130 10/13/2022 LA PUENTE VALLEY COUNTY $287.98
Invoice Date Description Amount
BS;09/22 09/21/2022 WATER MONITORING-BOY SCOUTS RESERVE $287.98 CITY OF INDUSTRY P. 23

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79131 10/13/2022 LOCKS PLUS, INC. $1,281.75
Invoice Date Description Amount
35374 07/14/2022 REPAIR METAL DOOR-1123 HATCHER AVE $824.37 34513 08/24/2022 REPAIR METAL DOOR-EL ENCANTO $197.38
34525 09/12/2022 RE-KEY MASTER SYSTEM-HOMESTEAD $260.00 79132 10/13/2022 LOS ANGELES COUNTY PUBLIC $39,666.02
Invoice Date Description Amount
PW-22091201119 09/12/2022 KITS MONITORING OF TRAFFIC SIGNALS $414.79 PW-22091201138 09/12/2022 REVIEW STRIPING PLANS $1,396.68 PW-22091201169 09/12/2022 EMERGENCY ROAD SERVICE $1,504.84 PW-22091201168 09/12/2022 EMERGENCY ROAD CLOSURE $830.16 PW-22091201167 09/12/2022 STREET MAINT/INSPECTION $10,756.06 PW-22091201165 09/12/2022 CONCRETE REPAIRS $228.87
PW-22091201164 09/12/2022 LITTER/DEBRIS REMOVAL $73.85
PW-22081500051 08/15/2022 PERMIT INSPECTION-515 6TH AVE (UNINCORP IND) $101.11 PW-22030704886 03/07/2022 PERMIT INSPECTION-515 6TH AVE (UNINCORP IND) $326.46 PW-22091201157 09/12/2022 VALLEY BLVD BRIDGE OVER SAN GABRIEL RIVER $3,543.64 PW-22091201425 09/12/2022 TRAFFIC SIGNAL MAINT $2,507.26 PW-22091201100 09/12/2022 REVIEW DESIGN PLANS-GRADE SEPARATION PUMP $12,778.78 PW-22091201109 09/12/2022 PAVEMENT PATCHING $345.91
PW-22091201166 09/12/2022 PAVEMENT PATCHING $4,857.61
79133 10/13/2022 MATHEW HUDSON $1,386.91
Invoice Date Description Amount
8/27-8/31/22 09/14/2022 REIMBURSEMENT-TRAVEL EXPENSE FOR APWA PWX $1,386.91 CITY OF INDUSTRY P. 24

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79134 10/13/2022 MBF CONSULTING, INC. $14,152.50
Invoice Date Description Amount
1800-1634 09/12/2022 REPLACE STEEL WATERLINE-CROSSING OVER $14,152.50 79135 10/13/2022 MR PLANT & INTERIOR BOTANICAL $850.00
Invoice Date Description Amount
OCT 18937 10/01/2022 PLANT MAINT-OCT 2022 $850.00
79136 10/13/2022 MX GRAPHICS, INC. $2,788.43
Invoice Date Description Amount
26714 09/19/2022 20X27 PHOTO SATIN POSTER $42.71
26561 08/29/2022 LINE SCANNING-JN 6201 $993.74
26581 09/07/2022 LINE SCANNING-JN 6201 $1,751.98
79137 10/13/2022 NEXTIVA, INC. $1,808.36
Invoice Date Description Amount
55814639491 09/28/2022 CITY HALL PHONE SVC $1,808.36
79138 10/13/2022 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
440 09/27/2022 JANITORIAL SVC-YAL $1,815.00
439 09/27/2022 JANITORIAL SVC-IBC $1,467.00
438 09/27/2022 JANITORIAL SVC-CITY HALL $5,500.00
79139 10/13/2022 PARS $600.00
CITY OF INDUSTRY P. 25

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
51347 09/07/2022 ARS FEES-JUL 2022 $300.00
51503 09/12/2022 REP FEES-JUL 2022 $300.00
79140 10/13/2022 PASCO DOORS $6,257.43
Invoice Date Description Amount
95696 09/19/2022 REPAIR MAIN KITCHEN DOOR-EL ENCANTO $6,257.43 79141 10/13/2022 PITNEY BOWES, INC. $111.66
Invoice Date Description Amount
1021552471 09/14/2022 POSTAGE METER SUPPLIES $111.66
79142 10/13/2022 PITNEY BOWES, INC. $148.93
Invoice Date Description Amount
3105650925 08/26/2022 POSTAGE METER-FIRST FLOOR (JUN-SEP 2022) $148.93 79143 10/13/2022 PLACEWORKS $370.00
Invoice Date Description Amount
79392 08/31/2022 HOUSING ELEMENT SVC $370.00
79144 10/13/2022 POST ALARM SYSTEMS $502.82
Invoice Date Description Amount
1515318 09/04/2022 MONITORING SVC-HOMESTEAD $319.60
1508287 09/02/2022 SERVICE ALARM SYSTEM-HOMESTEAD $183.22 79145 10/13/2022 POSTMASTER $404.00
CITY OF INDUSTRY P. 26

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
BOX 3305-23 10/01/2022 ANNUAL FEE-PO BOX 3305 $404.00
79146 10/13/2022 PRINCE GLOBAL SOLUTIONS, LLC $5,000.00 Invoice Date Description Amount
042 09/13/2022 FEDERAL ADVOCACY-AUG 2022 $5,000.00
79147 10/13/2022 QUADIENT LEASING USA, INC. $1,500.15
Invoice Date Description Amount
N9574341 09/09/2022 MAIL EQUIPMENT RENTAL 10/11/22-1/10/23 $1,500.15 79148 10/13/2022 RICOH USA, INC. $19.81
Invoice Date Description Amount
5065552958 09/12/2022 METER READING-TREASURY $19.81
79149 10/13/2022 RICOH USA, INC. $3,342.37
Invoice Date Description Amount
77518013 09/10/2022 COPIER LEASE-VARIOUS $2,524.51
77523559 09/10/2022 COPIER LEASE-VARIOUS $817.86
79150 10/13/2022 ROBINSON'S FLOWERS $335.50
Invoice Date Description Amount
3493-A 09/01/2022 FLOWERS AND DELIVERY $335.50
79151 10/13/2022 ROWLAND WATER DISTRICT $257.12
Invoice Date Description Amount
CITY OF INDUSTRY P. 27

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
1-08312022-C 08/31/2022 NOGALES DEWATERING BOOSTER STATION $257.12 79152 10/13/2022 SAN GABRIEL VALLEY CITY $140.00
Invoice Date Description Amount
10/04/2022 10/04/2022 LUNCH MEETING ON 10/19/22-JOSH, BING, SAM, & $140.00 79153 10/13/2022 SAN GABRIEL VALLEY $17,520.00
Invoice Date Description Amount
20220928COI 09/28/2022 LANDSCAPE MAINT-TRAIL MAINT $17,520.00 79154 10/13/2022 SAN GABRIEL VALLEY LGBTQ $5,000.00
Invoice Date Description Amount
09/27/2022 09/2712022 SPONSORSHIP FOR COMMUNITY EDUCATION $5,000.00 79155 10/13/2022 SAN GABRIEL VALLEY NEWSPAPER $7,007.14 Invoice Date Description Amount
0011556425 08/29/2022 ACCT #5007735 - NOTICE INVITING BIDS FOR CITY- $3,135.93 0011555830 08/26/2022 ACCT #5007735 - NOTICE INVITING BIDS FOR CITY- $3,221.67 0011553431 08/12/2022 ACCT #5007735-NOTICE OF PUBLIC HEARING $649.54 79156 10/13/2022 SCOTT KELLY ZESCH $200.00
Invoice Date Description Amount
PPSZ1023 09/14/2022 HOMESTEAD SPEAKER ON 10/23/2022 $200.00 79157 10/13/2022 SCS FIELD SERVICES $14,086.00
Invoice Date Description Amount
0445375 08/31/2022 INDUSTRY HILLS-LANDFILL GAS SYSTEM $14,086.00 CITY OF INDUSTRY P. 28

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79158 10/13/2022 SILVIA M. QUINTERO $305.00
Invoice Date Description Amount
9/29/2022 09/29/2022 REFUND-CITATION ID165861 $305.00
79159 10/13/2022 SO CAL INDUSTRIES $195.89
Invoice Date Description Amount
588669 09/14/2022 WG ACCESS RENTAL-TONNER CYN $195.89
79160 10/13/2022 SQUARE ROOT GOLF & LANDSCAPE, $47,464.91 Invoice Date Description Amount
1632H-1 09/27/2022 GRAFFITI REMOVAL $5,364.88
1633ELHM 09/2712022 LANDSCAPE SVC-EL ENCANTO $9,533.54
1631ELHM 09/27/2022 LANDSCAPE SVC-HOMESTEAD $22,249.23
1634ELHM 09/27/2022 LANDSCAPE SVC-VARIOUS CITY SITES $9,425.60 1632H-2 09/27/2022 SIGN REPAIR & INSTALLATION $891.66
79161 10/13/2022 STAPLES BUSINESS ADVANTAGE $833.20
Invoice Date Description Amount
8067540425 09/10/2022 OFFICE SUPPLIES $833.20
79162 10/13/2022 THE FORKLIFT RENTAL LLC $246.38
Invoice Date Description Amount
10044 09/22/2022 FORKLIFT RENTAL-1123 HATCHER $246.38
79163 10/13/2022 THE TECHNOLOGY DEPOT $417.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 29

WELLS FARGO BANK
October 13, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
19640 09/20/2022 VEEAM DESKTOP/LAPTOP BACKUP $417.00
79164 10/13/2022 UNITED PARCEL SERVICES, INC $74.99
Invoice Date Description Amount
0000V435E4372 09/10/2022 MESSENGER SVC $27.74
0000V435E4392 09/24/2022 MESSENGER SVC $32.33
0000V435E4382 09/17/2022 MESSENGER SVC $14.92
79165 10/13/2022 WEST COAST ARBORISTS, INC. $87,975.00
Invoice Date Description Amount
189930 08/31/2022 STREET TREES-PUBLIC ROW $66,112.00
189929 08/31/2022 GPS TREE INVENTORY $185.00
190598 09/15/2022 STREET TREES-PUBLIC ROW $21,678.00
Checks Status Count Transaction Amount
Total 106 $2,953,803.12

CITY COUNCIL
ITEM NO. 6.2

OF INDUSTR

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manage mi
STAFF: Bing Hyun estan cy Managert
DATE: October 13, 2022
SUBJECT: Consideration of an Amended and Restated Proclamation and Order of the City Council of the City of Industry, California, Proclaiming Existence of a Local Emergency; and
Consideration of a Resolution Continuing the Authorization of Remote Teleconference Meetings Pursuant to AB 361
Background:

On March 4, 2020, the Governor of the State of California proclaimed a state of emergency to exist in California as a result of the threat presented by the novel coronavirus ("COVID-19"). Additional states of emergency were subsequently proclaimed by both the County of Los Angeles and the President of the United States, and a state of emergency continues to exist at the Federal, State and County levels.

Given the threat of COVID-19, on March 17, 2020, the City Council ratified a proclamation and order of the Director of Emergency Services proclaiming the existence of a local emergency. In an effort to assist local businesses, in June 2020, the City Council adopted a revised proclamation which included provisions suspending certain portions of the City's Municipal Code pertaining to outdoor dining and temporary banners, and implemented a program reducing the fees associated with applications for land use entitlements.

Given that businesses have re-opened subject to certain restrictions, the City Council revised the City's proclamation to remove the closure of non-essential City facilities, and to permit City events. Notwithstanding the foregoing, the City is required to comply with all applicable orders to prevent the transmission of COVID-19.

Further, in September 2021, the Governor signed AB 361 into law. Under the provisions of AB 361, the City Council may continue to conduct meetings via video and teleconference during a state of emergency, if it finds that state or local officials have imposed or recommended social distancing. As set forth above, in March 2020, the Governor declared a state of emergency, and said emergency still exists, and the City Council also declared a state of emergency in the City. Los Angeles County officials have recommended measures to promote social distancing, and strongly recommend 15625 Mayor Day Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org masks for all regardless of vaccination status in an effort to slow the levels of transmission of COVID-19 throughout the State and Los Angeles County. Given that a state of emergency exists and local officials have recommended social distancing, sufficient findings exist to meet the requirements of AB 361.

The provisions of AB 361 do not require the Council to meet via teleconference, instead it provides an option to do so, and also permits hybrid meetings, where some Councilmembers may appear remotely, and others may attend meetings in person.

What is notable about AB 361 is that during the state of emergency, it eliminates the Brown Act requirement for the City to identify the teleconference location of Councilmembers on the agenda, and also removes the requirements that the agenda be posted at the teleconference location, and that public comment be taken from that location.

Under AB 361, the City is required to offer a call-in or web-based option for public comment, and public comment must be taken during the meeting. In the event that the call-in option or web-based option is disrupted, the City cannot take action until service is restored.

Given that a state of emergency is in effect at the Federal, State and County levels, it is recommended that the City Council maintain its emergency proclamation and adopt a resolution permitting the Council to continue to meet via a hybrid option in accordance with the provisions of AB 361.

Some revisions were made to the proclamation to clarify that any stay of purchasing and payment procedures will be limited to situations related to responding to the pandemic and abnormal operations.

Fiscal Impact:

Temporary Outdoor Dining Permits: As with the prior Proclamation, Staff's intent is not to charge for the temporary permit and not recover the cost of Staff time associated with the permits.

Temporary Banners: Staff does not charge for temporary banner permits and does not wish to recover the cost of staff time associated with the review of the permits.

Development Fees: Since the adoption of the Proclamation in June, the City has reduced fees for 30 projects in the amount of $265,812.85.

Recommendation:

Adopt the Amended and Restated Proclamation proclaiming existence of a local emergency and the Resolution continuing the authorization of remote teleconferencing meetings pursuant to AB 361.

Exhibits:

A. Amended and Restated Proclamation and Order of the City Council of the City of Industry, California, Proclaiming the Existence of a Local Emergency Resolution of the City Council of the City of Industry, California Continuing the Authorization of Remote Teleconferencing Meetings Pursuant to AB 361 JN/BH:Ih

EXHIBIT A
Amended and Restated Proclamation
[Attached]

AMENDED AND RESTATED PROCLAMATION AND ORDER

OF THE CITY COUNCIL

OF THE CITY OF INDUSTRY, CALIFORNIA,

PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Government Code Section 8630 and Section 2.60.060 of the City of Industry Municipal Code, empower the City Council to proclaim the existence or threatened existence of a local emergency when the City of Industry ("City"), is affected or likely to be affected; and WHEREAS, the City Council of the City of Industry does hereby find as follows:

On March 4, 2020, the Governor of the State of California proclaimed a state of emergency to exist in California as a result of the threat of COVID-19, and said state of emergency continues; and
(b) On March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health declared a local and public health emergency in response to the COVID-19 pandemic, and said state of emergency continues; and (c) On March 13, 2020, the President of the United States of America declared a national emergency due to the COVID-19 outbreak across the nation, and said state of emergency continues; and
(d) Due to the threat presented by COVID-19, on or about March 17, 2020, the City Council ratified a proclamation and order of the Director of Emergency Services proclaiming the existence of a local emergency; and
Given the COVID-19 pandemic, and the need to protect the most vulnerable members of the community, on or about March 19, 2020, the County of Los Angeles ("'County") Department of Public Health issued the Safer At Home Order for Control of COVID-19, which ordered the immediate closure of all non-essential businesses, including dine-in service at restaurants. While the COVID-19 pandemic remains, businesses have safely reopened, the Health Officer of Los Angeles County strongly recommends that all persons, regardless of vaccination status, continue wearing face masks indoors, and face masks are required on public transit, and social distancing is recommended; and
(f) In an effort to assist local businesses, in June 2020, the City Council adopted a revised proclamation which included provisions suspending certain portions of the City's Municipal Code pertaining to outdoor dining and temporary banners, and implemented a program reducing the fees associated with applications for land use entitlements; and (g) | Given the continued state of emergency, the City Council amended and restated the emergency proclamation on October 14, 2021 and again on December 13, 2021, February 11, 2022, April 12, 2022, June 11, 2022, and August 10, 2022; and WHEREAS, given the levels of the spread of COVID-19, and the economic devastation that it has brought to the City of Industry, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY PROCLAIM AND ORDER AS FOLLOWS:

1. The above recitals are true and correct and are incorporated herein by reference.

A local emergency now exists throughout the City, and has existed since March 17,2020.

During the existence of said local emergency the powers, functions and duties of the emergency organization of City shall be those prescribed by state law, by the ordinances and resolutions of the City, and any other applicable law, rule, or regulation.

During the existence of said local emergency, the City, and all related City entities, shall follow and impose all directives, mandates, Executive Orders and any other emergency related restrictions issued by the United States of America, State of California and/or the County of Los Angeles, including any and all social distancing recommendations.

The normal City goods and service procurement requests and purchase practices are stayed during this period of emergency, only for goods and services needed to address the emergency.

6. Given the emergency and the need to devote City staff and resources to respond to it, the City hereby extends all deadlines for responding to requests under the California Public Records Act, the processing of any land use entitlements, and any other applications to the City, until a reasonable time following the City Council's termination of this emergency.

7. Consistent with the City's adopted budget and approved agreements with vendors and contractors, the City Manager shall ensure that City vendors and contractors are paid in a timely manner, the City Manager, City Treasurer, and the Finance Director are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made, only in the event that City staff is unable to follow the normal claims, demands, and payment process due to the emergency.
8 Outdoor Dining. The City shall continue to assist dine-in restaurants in prioritizing and expanding outdoor seating by permitting outdoor seating at all dine-in restaurants that have a validly City issued use permit, and/or CUP, subject to the approval of a temporary outdoor dining permit. The following regulations shall apply to the Temporary Outdoor Dining Permit:
a. Any expansion of outdoor dining, or new outdoor dining shall require the approval of a Temporary Outdoor Dining Permit by the City. b. Any restaurant that desires to implement outdoor seating, and/or expand current outdoor seating shall file an application for a Temporary Outdoor Dining Permit with the City. The application, shall at a minimum, require written approval by the property owner, and submission of a site plan that includes the area where the outdoor seating will occur, the number of tables, and whether alcoholic beverages will be served outdoors. The City's Emergency Services Director is permitted to promulgate additional application requirements. There is no fee for the application.

C. Outdoor seating may only occur in the area immediately adjacent to the restaurant, on the sidewalk, and/or in a private parking area. d. Outdoor seating shall not interfere with any established and/or physically marked path of travel under the Americans with Disabilities Act ("ADA"), and shall not be placed in any ADA accessible parking stall. e. Outdoor seating shall not create any traffic issues. f. For requirements not set forth herein, all restaurants shall comply with the latest requirements of the COVID-19 Industry Guidance: Dine-In Restaurants, issued by the California Department of Public Health and the State of California Department of Industrial Relations ("State Order") and the County Order. In the event of any inconsistency between the State Order and the County Order, the stricter shall prevail.
g. The applicant may not serve alcoholic beverages unless its current CUP allows for alcoholic beverage service. The applicant shall comply with all rules and regulations issued by the California Department of Alcoholic Beverage Control for the service of alcohol.
h. The Director of Emergency Services may place additional conditions on any Temporary Outdoor Dining Permit to protect the public health, safety and welfare.
i. The Director of Emergency Services may relax all parking requirements set forth in the City's Code, to accommodate outdoor dining. j. Failure to comply with the provisions of the Temporary Outdoor Dining Permit shall subject the applicant to revocation of the Permit. k. All Temporary Outdoor Dining Permits shall expire 90 days from the date of this Proclamation, unless extended by the Director of Emergency Services.

1. The Director of Emergency Services may promulgate an appeals process for the revocation of a Temporary Outdoor Dining Permit.

9. Temporary Banners. As a means of allowing local businesses to better advertise to customers, establish rules for entry, and designate temporary areas for conducting business, the City desires to continue to temporarily relax the rules that regulate temporary signs in the City, as follows:
a. During the existence of the local emergency, any temporary sign as defined in Section 15.32.020 of the City's Code, not exceeding 80 square feet, may be erected in any zone, provided that a Temporary Sign Permit has been first obtained from the City. All temporary signs permitted under this Proclamation shall be removed within 30 days of the expiration of the local emergency.

10. Development Fees. To help alleviate the economic hardships related to the COVID-19 pandemic, to assist businesses on the road to economic recovery, and to spur economic development in the greater Los Angeles region, the City desires to continue the program to reduce development fees in the City, as follows:
a. All fees for any land use entitlement application shall be reduced by 50 percent, not to exceed $50,000.00 for any application.

11. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Industry.

12. The City Council shall review the need for continuing the local emergency, as set forth by State law.

13. The provisions of this Proclamation 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 Proclamation or their applicability to other persons or circumstances.

14. A copy of this proclamation shall be forwarded by the City Clerk to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in Los Angeles County and by virtue of that declaration the City of Industry; that the Governor waive regulations that may hinder response and recovery efforts; that response and recovery assistance be made available under the California Disaster Assistance Act and the Stafford Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.

15. The City Clerk shall certify to the adoption of this Proclamation and that the same shall be in full force and effect.

16. This Proclamation shall take effect October 9, 2022, and shall be effective until December 8, 2022, or until the City Council rescinds or adopts a subsequent Proclamation.

PASSED, APPROVED AND ADOPTED this 13th day of October 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

EXHIBIT B
Resolution No. CC 2022-44
[Attached]
RESOLUTION NO. CC 2022-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, CONTINUING THE

AUTHORIZATION OF REMOTE TELECONFERENCE
MEETINGS PURSUANT TO AB 361

RECITALS
WHEREAS, the City Council of the City of Industry ("City") is committed to preserving and encouraging public access and participation in its meetings; and WHEREAS, all meetings of the legislative bodies of the City are open and public, as required by the Ralph M. Brown Act (Gov. Code §854950 - 54963) (Brown Act"), so that any member of the public may attend, participate, and observe the City Council conduct its business; and
WHEREAS, in March 2020 as a response to the ongoing COVID-19 pandemic, Governor Newsom issued Executive Orders N-25-20 and N-29-20. These orders suspended certain elements of the Brown Act and specifically allowed for legislative bodies as defined by the Brown Act to hold their meetings entirely electronically with no physical meeting place. On June 11, 2021, Governor Newsom issued Executive Order N- 08-21, which provided that the provisions in Executive Order N-29-20 suspending certain elements of the Brown Act would continue to apply through September 30, 2021; and WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added subsection (e) to Government Code §54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code §54953(b) (3), subject to the existence of certain conditions; and
WHEREAS, one of the conditions required is that a state of emergency has been declared by the Governor pursuant to Government Code §8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code §8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, in March 2020, in response to the spread of COVID-19 in the State of California, the Governor Proclaimed a State of Emergency pursuant to Government Code §8625, and issued a number of executive orders aimed at containing the COVID-19 virus, and the County of Los Angeles through various Orders of the Los Angeles County Health Officer, continues to impose or recommend measures to promote social distancing; and WHEREAS, the City Council has adopted proclamations declaring the existence of a local emergency within the City of Industry in response to COVID-19, which supported the requisite conditions for the legislative bodies of the City to conduct remote teleconference meetings without compliance with Government Code § 54953(b)(3); and WHEREAS, Los Angeles County officials have recommended measures to promote social distancing, and strongly recommend masks for all regardless of vaccination status in an effort to slow the transmission of COVID-19 throughout the State and Los Angeles County; and
WHEREAS, the City Council is concerned about the health and safety of all individuals of the public who attend public meetings; and WHEREAS, as a consequence of the continued state of emergency, the City Council adopted Resolution No. CC 2021-61 on October 14, 2021, Resolution No. CC 2021-68 on November 13, 2021, Resolution No. CC 2021-69 on December 13, 2021, Resolution No. CC 2022-01 on January 12, 2022, Resolution No. CC 2022-07 on February 11, 2022, Resolution No. CC 2022-10 on March 13, 2022, Resolution No. CC 2022-14 on April 12, 2022, Resolution No. CC 2022-17 on May 12, 2022, Resolution No.

CC 2022-29 on June 11, 2022, Resolution No. CC 2022-31 on July 11, 2022, Resolution No. CC 2022-32 on August 10, 2022, and Resolution No. CC 2022-39 on September 9, 2022, finding and determining that the City Council would continue to conduct its meetings without compliance with Government Code §54953(b)(3), as authorized by Government Code §54953(e), and that the City Council would continue to comply with the requirements to provide the public with access to all public meetings as prescribed in §54953(e)(2); and
WHEREAS, pursuant to the provisions of AB 361, the City Council hereby finds and determines that the findings set forth in Resolution No. CC 2022-39 remain, and that it is thereby necessary to continue to conduct its meetings without compliance with Government Code §54953(b) (3), as authorized by Government Code §54953(e).

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 hereby considers the existing conditions of the state of emergency, local officials in Los Angeles County have recommended or imposed measures to promote social distancing in connection with COVID-19. Based on these facts, findings, and determinations, the City Council authorizes staff to conduct remote teleconference meetings of the City Council, under the provisions of Government Code §54953(e).

SECTION 3: The City Manager or his designee is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution and AB 361, including continuing to conduct open and public meetings in accordance with the Brown Act.

SECTION 4: This Resolution shall take effect October 9, 2022, and shall be effective until the earlier of November 8, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code §54953(e) (3) to extend the time during which the City Council may continue to meet by teleconference.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on October 13, 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

CITY COUNCIL
ITEM NO. 6.3

SANGELES CO

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM:

Joshua Nelson, City Manager n
STAFF: Mathew Hudson, Engineering I
Sean Nazarie, Senior Project Manager, CNC Engineering
Sean Calvillo, Director of Operations, CNC Engineering
DATE: October 13, 2022
SUBJECT: Consideration of an Acknowledgement Form for the San Gabriel Valley Council of Governments Measure M Multi-Year Subregional Program Background:

In November 2016, Los Angeles County ("County") voters approved the Measure M sales tax increase that provides funding for transportation improvements. Thereafter, guidelines were established for the funds to be managed by subregions within the County. For the San Gabriel Valley subregion, the San Gabriel Valley Council of Governments ("SGVCOG") is tasked with programming and administering the Measure M Multi-Year Subregional Program ('MSP") funds.

The SGVCOG adopted its own Resolution 22-38, to establish a funding policy as part of its MSP funding process. The policy seeks to clearly list the responsibilities of the SGVCOG and awarded agency regarding managing the awarded MSP funds, establish the SGVCOG as an example that ensures cities and agencies awarded funds deliver projects on-time, enhance the SGVCOG regional active transportation, bus system, first/last mile, and highway improvement projects, and further encourage member cities to implement infrastructure projects that benefit the community.

Additionally, the SGVCOG funding policy states that projects awarded with MSP funds will only be allowed one reprogramming request throughout the duration of the project timeline. This entails requesting that the distribution of the awarded funds be delayed or postponed. Once the funds are reprogrammed, the project has three years to expend the funds before they expire.

Discussion:

The City's current project that is funded by MSP funds is the East-West Bikeway project and this was originally approved on May 23, 2019. On May 27, 2021, Los Angeles County Metropolitan Transportation Authority ("Metro") reprogrammed the funds in the amount of $1,492,500.00. The funds were approved for the plans, specifications, and estimate in addition to construction costs. The funding is approved for fiscal years 2020-2024, with three years after each fiscal year to seek reimbursement.

The project is currently in progress and in the design phase. In agreeing to the SGVCOG funding policy, the City agrees to work to complete the projects awarded MSP funds within the specified project timeline. Since the East-West Bikeway project has been reprogrammed, no further reprogramming would be allowed. Staff and City consultants are currently working on this project and do not anticipate any hindrance to seeking reimbursement within the approved project timeline. Staff recommends the City Council approve the Acknowledgement Form and authorize the City Manager to execute it.

Fiscal Impact:

There is no direct fiscal impact related to the Acknowledgement Form.

Recommendation:
safe alley Cou the or ovencil at lovas or the Acknowledgemen arrogan ad authorize the City Manager to execute it.

Exhibit:

A. Acknowledgement Form for the San Gabriel Valley Council of Governments Measure M Multi-Year Subregional Program
JN/MH/SN/SC:as

EXHIBIT A
Acknowledgement Form for the San Gabriel Valley Council of Governments Measure M Multi-Year Subregional Program
[Attached]
San Gabriel Valley Council of Governments
MSP Funding Policy Acknowledgement Form for Awarded Projects

BACKGROUND
Measure M, which was a ½ cent sales tax measure to provide funding for transportation improvements across Los Angeles County, was approved by voters in November 2016. In June 2018, the Los Angeles County Metropolitan Transportation Authority (Metro) adopted the Measure M Guidelines to establish a process by which subregional funds under Measure M would be programmed by the subregions' respective governing/planning entities. For the San Gabriel Valley subregion, the SGVCOG is tasked with programming and administering the Measure M Multi-Year Subregional Program (MSP) funds.

The SGVCOG acknowledges that the MSP funds are a vital source of transportation funding to boost the San Gabriel Valley's regional active transportation, bus system, first/last mile, and highway improvement endeavors. Timely implementation of projects that are awarded MSP funds are critical to ensure that San Gabriel Valley cities, residents, and communities can benefit from these projects.

MSP FUNDING POLICY
On June 16, 2022, the SGVCOG Governing Board adopted Resolution 22-38 to incorporate a Funding Policy as part of the MSP Funding Administrative Process. The purpose of the Funding Policy is to:
• Clearly list the responsibilities of the SGVCOG and the awarded agency regarding managing the awarded MSP funds.
• Lead by example to ensure that cities and agencies with awarded MSP funds implement projects on-time based on the project schedule submitted during the funding application process.
• Boost San Gabriel Valley's regional active transportation, bus system, first/last mile, and highway improvement projects.
• Further encourage San Gabriel Valley cities and agencies to implement infrastructure projects that residents and communities can benefit from in the near future.

The MSP Funding Policy (Policy) states that the SGVCOG will only approve reprogramming requests from projects that have received MSP funds for one (1) time throughout the duration of their project timelines. The act of "reprogramming" is defined as an awarded project requesting the SGVCOG and Metro to delay or postpone the distribution of awarded funds. As of May 2022, the SGVCOG has not placed a limit on the number of times an awarded project can reprogram its awarded funds, allowing the awarded projects to hold onto its awarded funds years beyond their original project timelines.

This Policy will only allow projects that receive MSP funds in the San Gabriel Valley subregion to submit reprogramming requests only one (1) time during their project timelines. Aside from reprogramming, awarded projects also have the option to submit a one-time request to Metro to extend their funding usage timeline by twenty (20) months. Once the MSP funds are distributed to the awarded project, the awarded project has three (3) years to expend the funds before they expire and return to the subregion's pool of funds for award during the subsequent cycle of MSP funding awards.

The Policy applies to all MSP funding awards starting July 1, 2022. Should an awarded project had received MSP reprogramming approvals before July 1, 2022, that project is only eligible to submit one (1) additional MSP funding reprogramming request moving forward. Exceptions may be granted on a case-by-case basis, at the approval of the SGVCOG Governing Board and staff.

With regards to reprogramming awarded MSP funds, it is the responsibility of the awarded project to provide detailed project scopes, project schedules, and project financial plans to SGVCOG staff for review when submitting an MSP funding reprogramming request. SGVCOG staff shall review the received request's information and obtain approval from the SGVCOG Governing Board and relevant SGVCOG committees and working groups, as stated in Resolution 18-11, prior to submitting the request to Metro for final approval.

The SGVCOG and the awarded project's lead agency hereby acknowledge and agree to abide to this Policy as set forth above.

ACKNOWLEDGEMENT SIGNATURE
FOR THE CITY OF INDUSTRY:

By:

Joshua Nelson
City Manager
Date:

CITY COUNCIL
ITEM NO. 6.4

INDUSTRE

CITY OF INDUSTRY

ANGELES CO

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager On
STAFF: Mathew Hudson, Engineering Manager
DATE: October 13, 2022
SUBJECT: Consideration of Resolution No. CC 2022-41 Supporting the Los Angeles County Metropolitan Transportation Authority's Complete Streets Policy Background:

The California Complete Streets Act of 2008 (also known as AB1358) requires that when cities and counties make substantive revisions to the circulation elements of their General Plans, they identify how they will provide for the mobility needs of all roadway users. The term "Complete Streets" describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users. This includes pedestrians, bicyclists, public transit users, persons with disabilities, seniors, children, motorists, users of green modes, and movers of commercial goods.

The California Department of Transportation's Deputy Directive 64 explained that it "views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system."
Los Angeles County Metropolitan Transportation Authority's (Metro Complete Streets Policy requires all jurisdictions to address complete streets policies at the local level through the adoption of a complete streets resolution, complete streets policy, or through the adoption of a General Plan update that complies with the California Complete Streets Act of 2008 to be eligible for Metro Capital Grant funds.

Discussion:

Numerous California counties, cities, and agencies have adopted Complete Streets policies and legislation to further the health, safety, welfare, economic vitality, and environmental wellbeing of their communities. The City recognizes that the planning and coordinated development of Complete Streets infrastructure provides benefits through infrastructure cost saving; improved public health; and environmental sustainability. The City further acknowledges the benefits and value for the public health and welfare by reducing vehicle miles traveled and increasing transportation by walking, bicycling, and public transportation. 15625 Mayor Dave Way • City of Industry, California 91744 - 626.333.2211 • www.cityofindustry.org Bearing in mind the benefits and considerations mentioned above, Staff recommends a commitment to Metro's Complete Streets Policy, and that the next substantial revision of the City's General Plan Circulation Element will incorporate Complete Streets policies and principles consistent with the California Complete Streets Act of 2008. Consistent with Metro's Complete Streets Policy, City streets shall form a comprehensive and integrated transportation network promoting safe and convenient travel for all users while preserving flexibility, recognizing community context, and using design guidelines/standards that support best practices.

Fiscal Impact:

No fiscal impact.

Recommendation:

Staff recommends that the City Council adopt Resolution No. CC 2022-41 in support of the Los Angeles County Metropolitan Transportation Authority's Complete Streets Policy.

Exhibit:

A. Resolution No. CC 2022-41
JN/MH
15625 Mayor Dave Way • City of Industry, California 91744 - 626.333.2211 • www.cityofindustry.org

EXHIBIT A
Resolution No. CC 2022-41
[Attached]
RESOLUTION NO. CC 2022-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA IN SUPPORT OF THE LOS ANGELES

COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S

COMPLETE STREETS POLICY
WHEREAS, the term "Complete Streets" describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, users and operators of public transit, bicyclists, person with disabilities, seniors, children, motorists, users of green modes, and movers of commercial goods; and
WHEREAS, the City recognizes that the planning and coordinated development of Complete Streets infrastructure provides benefits local governments in the areas of infrastructure cost savings; public health; and environmental sustainability; and WHEREAS, the City acknowledges the benefits and value for the public health and welfare of reducing vehicle miles traveled and increasing transportation by walking, bicycling, and public transportation; and
WHEREAS, the State of California has emphasized the importance of Complete Streets by enacting the California Complete Streets Act of 2008 (also known as AB 1358), which requires that when cities or counties make substantive revisions to the circulation elements of their general plans, they identify how they will provide for the mobility needs of all users of the roadways, as well as through Deputy Directive 64, in which the California Department of Transportation explained that it "views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system"; and
WHEREAS, the California Global Warming Solutions Act of 2006 (known as AB 32) sets a mandate for the reduction of greenhouse gas emissions in California, and the Sustainable Communities and Climate Protection Act of 2008 (known as SB 375) requires emissions reductions through coordinated regional planning that integrates transportation, housing, and land-use policy, and achieving the goals of these laws will require significant increases in travel by public transit, bicycling, and walking; and WHEREAS, numerous California counties, cities and agencies have adopted Complete Streets policies and legislation in order to further the health, safety, welfare, economic vitality, and environmental wellbeing of their communities; and WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro), through its Metro Complete Streets Policy, requires that all jurisdictions address complete streets policies at the local level through the adoption of a complete streets resolution, complete streets policy, or through the adoption of a general plan that complies with the California Complete Streets Act of 2008 to be eligible for Metro Capital Grant funds; and
WHEREAS, the City therefore, in light of the foregoing benefits and considerations, is committed to Complete Streets policies, and desires that its streets form a comprehensive and integrated transportation network promoting safe and convenient travel for all users while preserving flexibility, recognizing community context, and using design guidelines and standards that support best practices.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY,

CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City hereby supports the policies behind Complete Streets, and the next substantial revision of the Circulation Element of the City's General Plan circulation will incorporate Complete Streets policies and principles consistent with the California Complete Streets Act of 2008 (AB 1358).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry, at a regular meeting held on October 13, 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
2 CITY COUNCIL
ITEM NO. 6.5

BUT OF HOUSERY

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, Gily Manage gir
STAFF: Sam Pedroza, Assistant City Manager
DATE: October 13, 2022
SUBJECT: Consideration of Resolution No. CC 2022-42 approving a donation to the Industry Sheriff's Youth Athletic League, in the amount of $15,000.00 for its tall festival program
Background:

The Industry Sheriff's Youth Athletic League ("YAL") provides programs to at-risk youth in the surrounding communities since its founding. The YAL program serves over 2,500 local youth under the age of eighteen (18) through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program and Camp C.O.U.R.AG.E., at no cost to participating youth or their families. Through these programs the youth receive mentoring and learn to make positive life decisions. The program recognizes the importance of early intervention and is a positive influence on thousands of children.

Discussion:

The YAL contacted the City for a donation to sponsor its Fall Festival program, which will host an outdoor community outreach event on October 21 and 22, 2022. The donation of $15,000.00, along with other fundraising efforts, will assist the YAL in providing resources to the community. In addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Fall Festival Program, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City staff is estimating that approximately 100 hours of support services will be donated
Fiscal Impact:

In the Fiscal Year 2022/23 budget, $456,000.00 was approved for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 15625 Mayor Dave Way• City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org 100-621-5601).

Recommendation:

Staff recommends that the City Council adopt Resolution No. CC 2022-42.

Exhibit:

A. Resolution No. CC 2022-42
JN/SP:kt

EXHIBIT A
Resolution No. CC 2022-42
[Attached]
RESOLUTION NO. CC 2022-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE

INDUSTRY SHERIFF'S YOUTH ATHLETIC LEAGUE, IN THE
AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) FOR

ITS FALL FESTIVAL PROGRAM

RECITALS
WHEREAS, The Industry Sheriff's Youth Athletic League ("YAL") provides programs to at-risk youth in the surrounding communities since its founding in 1991; and WHEREAS, the YAL serves over 2,500 local youth under the age of 18 through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program and Camp C.O.U.R.AG.E., at no cost to participating youth or their families; and WHEREAS, the YAL requested a donation in the amount of Fifteen Thousand Dollars ($15,000.00) from the City to sponsor its Fall Festival outdoor community outreach event on October 21 and 22, 2022, and the City desires to make the requested donation; and
WHEREAS, in addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Fall Festival Program, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City staff is estimating that approximately 100 hours of support services will be donated; and
WHEREAS, the City's donation serves a public purpose by contributing to YAL, which supports youth in the community by providing programs that mentor youth and teach them to make positive life decisions. These programs recognize the importance of early intervention, and its positive influence on thousands of children; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES 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's donation serves a public purpose in that the YAL supports the youth in the community by providing programs that mentor the youth and teach them to make positive life decisions. These programs recognize the importance of early intervention, and its positive influence on thousands of children.

SECTION 3: The City Council hereby approves the donation of Fifteen Thousand Dollars ($15,000.00) to the Industry Sheriff's Youth Athletic League, as well as an in-kind donation of 100 staff hours for support services.

SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.

SECTION 5: 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 6: That 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 October 13, 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

CITY COUNCIL
ITEM NO. 6.6

SO INCES CON CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and City Council Members
FROM: Josh Nelson, City Manager Of
STAFF: Mathew Hudson, Engineering Manager
Justin Aguilar, Field Operations Project Manager, CNC Engineering DATE: October 13, 2022
SUBJECT: Consideration of Amendment No. 1 to the Maintenance Services Agreement with Janus Pest Management, Inc. for pest control services, revising the scope of services and the rate schedule
Background:

On April 22, 2021, the City Council approved a Maintenance Services Agreement ("Agreement") with Janus Pest Management, Inc. ("Janus") in the amount of $240,000.00, through June 30, 2024, with the option to allow the City Manager to approve two (2) one (1) year extensions at $80,000.00, for each additional year. Janus currently provides pest control services at the following locations: Homestead Museum, City Hall, Industry Business Council/Chamber of Commerce, Youth Activities League offices/Post Office, Tonner Canyon/Boy Scout Reserve, Metrolink Station, Industry Business Center West slopes, Parcel at Chestnut Street/Anaheim-Puente Road, Helipad Parking Lot, Helipad, and the Industry Business Center East/Landfill.

Discussion:

Staff is proposing to amend the Agreement to revise the scope of services to reflect recent changes in coverage of certain areas. Janus currently provides pest control services at the Industry Business Center ("BC") which includes the west side slope, and the landfill on the east side. Recently, the IBC area was taken over by another contractor and Janus is no longer needed at that location. Additionally, the parcel at Chestnut Street/Anaheim- Puente Road is no longer owned by the City, and therefore services there are no longer needed. Staff is recommending removing those areas from the scope of services and the rate schedule.

The City-owned property at 205 Hudson Avenue currently is not serviced under the Agreement with Janus. Staff is recommending adding this property to the scope of services and the rate schedule. The address for the City is also being updated as part of this Amendment.

Fiscal Impact:

The fiscal impact involves removing services at the IBC and Chestnut Street/Anaheim- Puente Road parcel at a savings of $21,564.00 per year. The addition of the property at 205 Hudson Avenue is $1,020.00 per year. Sufficient budget remains on the contract and no appropriations are required.

Recommendation:

Staff recommends the City Council approve Amendment No. 1 to the Maintenance Services Agreement with Janus.

Exhibit:

A. Amendment No. 1 to the Maintenance Services Agreement with Janus Pest Management, Inc. dated October 13, 2022
JN/MH/JA:as

EXHIBIT A
Amendment No. 1 to the Maintenance Services Agreement with Janus Pest Management, Inc. dated October 13, 2022
[Attached]
AMENDMENT NO. 1
TO MAINTENANCE SERVICES AGREEMENT WITH SST CONSTRUCTION, LLC.

This Amendment No. 1 to the Maintenance Services Agreement ("Agreement"), is made and entered into this 13* day of October, 2022, ("Effective Date") by and between the City of Industry, a municipal corporation ("City") and Janus Pest Management, Inc., a California Corporation ("Contractor"). The City and Contractor are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about April 22, 2021, the City approved the Agreement with Contractor, to provide pest management services at various locations throughout the City; and WHEREAS, the City desires to amend the scope of services to remove the Industry Business Center slope and landfill areas, and the parcel at Chestnut Street/Anaheim-Puente Road, s services are no longer needed at those locations. Additionally, the City desires to add service + 205 Hudson Avenue. It is also necessary to revise the rate schedule to reflect the changes in th scope of services, and update the address for the City; 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, 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:

14. NOTICES
Notices to the City shall be made as follows:

City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attn: City Manager
Exhibit A Scope of Services
The Scope of Services is hereby rescinded in its entirety, and replaced with the new Scope of Services, set forth in Attachment 1, attached hereto, and incorporated herein by reference.

Exhibit B Rate Schedule
The Rate Schedule is hereby rescinded in its entirety, and replaced with the new Rate Schedule, set forth in Attachment 2, attached hereto, and incorporated herein by reference.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. I to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
CITY OF INDUSTRY JANUS PEST MANAGEMENT, INC.

By:_ By:

Joshua Nelson, City Manager Jay Spicer, CEO
Attest:

By: _
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
ATTACHMENT 1

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide pest management services, which includes, but is not limited to, monthly visits for prevention of rodent and pest infestations, the control of bugs, termites, bees, rodents, ground squirrels and any other pest control services as directed by the City. Services will be provided at the following locations, at the frequency noted:

Location Frequency
Homestead Museum Two Times - Monthly Service. Exterior- General Pest (Occasional Interior)
City Hall Monthly Service. Exterior-General Pest
Industry Business Council Monthly Service. Exterior-General Pest Youth Athletic League offices/Post Office Monthly Service. Exterior-General Pest Tonner Canyon/Boy Scout Reserve • Quarterly Service. Guard Shack. Exterior- General Pest
• Monthly Service. Camp Masters Building.

General Pest
• Monthly Service. Camp Courage. General
Pest
• Monthly Service. Restroom Shower
Building. General Pest
• Quarterly Service. Guard Shack. General
Pest
• Two Times - Weekly Rodent. Camp
Courage Master Bunkhouse, restrooms,
showers: May-August. Rodent Control
• Monthly Rodent. Camp Courage. Monthly
Sept-April: Tents only repellent. Rodent
Control
• Weekly Service. Camp Courage. June-
Aug Weekly disinfection for 4 Camp
Courage Tents, Treat bare mattress pads
on twin bunks. Rodent Disinfection
• Annual Rodent Device Install. Camp
Courage Tents Add devices to 4 tents. 1x
per year. Rodent
• Annual Rodent Devices Install. Camp
Courage, Camp Master Bunkhouse,
restrooms, showers - 1x per year. Rodent
Control
• 2x - Weekly Rodent. Comp Courage
Tests May-August - 4 Tents. Rodent
Control
• Monthly Service. Camp Courage Tents.

May-August. Monthly treatment of tents
for General Pest
• Rodent Cleanup - Annual. Camp Master,
Camp Courage, tents, restrooms, and
showers May - 1x per year
Metrolink Station Monthly Service. Exterior-General Pest Helipad Ground Squirrel Trapping. 2x Monthly
Helipad Parking Lot Ground Squirrel Trapping. 2x Monthly 205 Hudson Avenue (Youth Athletic League) Monthly Service. Exterior-General Pest Public Right of Way As needed services
ATTACHMENT 2

EXHIBIT B

RATE SCHEDULE
Location Address Unit Price Cost
Homestead Museum 15415 Don Julian $600.00 $7,200.00
City Hall 15625 Mayor Dave Way $145.00 $1,740.00
Industry Business Council 15651 Mayor Dave Way $145.00 $1,740.00 15660 Mayor Dave Way / $85.00 $1,020.00
Youth Athletic League offices/ Post Office 15559 Rausch Rd Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon Rd $125.00 $500.00 Guard Shack
Tonner Canyon/Boy Scout Reserve - $102.00 $1,224.00
19001 Tonner Canyon Rd
Camp Courage Master Building
Tonner Canyon/Boy Scout Reserve - $122.00
19001 Tonner Canyon Rd $1,464.00
Camp Courage
Tonner Canyon/Boy Scout Reserve -
19001 Tonner Canyon Rd $75.00 $900.00
Restroom Shower Building
Tonner Canyon/Boy Scout Reserve - $142.00
19001 Tonner Canyon Rd $5,112.00
Camp Courage Master Bunkhouse
Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon Rd $142.00 $994.00 Camp Courage Tents
Tonner Canyon/Boy Scout Reserve - $182.00
19001 Tonner Canyon Rd $2,184.00
Camp Courage Tents and Bunkbeds
Tonner Canyon/Boy Scout Reserve -
Camp Courage Tents Rodent Control 19001 Tonner Canyon Rd $340.00 $340.00 (Annually)
Tonner Canyon/Boy Scout Reserve -
Camp Courage Master Bunkhouse 19001 Tonner Canyon Rd $340.00 $340.00 Rodent Control (Annually)
Tonner Canyon/Boy Scout Reserve -
Camp Courage Tents Rodent Control 19001 Tonner Canyon Rd $142.00 $5,112.00 (May - Aug)
Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon Rd $750.00 $300.00 Camp Courage Tents (Monthly May-Aug)
Tonner Canyon/Boy Scout Reserve -
Camp Master Building, Camp Courage, 19001 Tonner Canyon Rd $4,500.00 $4,500.00 Camp Tents, Restrooms and Showers
(May)
Youth Athletic League 205 Hudson Ave $85.00 $1,020.00
Metrolink 600 Brea Canyon $65.00 $390.00
Helipad 15252 Stafford St $150.00 $3,600.00
Helipad Parking Lot 15400 Stafford St $243.00 $5,832.00 Public Right of Way $13,944.00
EXHIBIT A TO AMENDMENT NO. 1:

MAINTENANCE SERVICES AGREEMENT WITH JANUS PEST MANAGEMENT, INC.

DATED APRIL 22, 2021
•

CITY OF INDUSTRY

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT ("Agreement"), is made and effective as of April 22, 2021 ("Effective Date"), between the City of Industry, a municipal corporation ("City'") and Janus Pest Management, Inc. a California corporation (Contractor"). The City and Contractor are hereinafter collectively referred to as the "Parties".

RECITALS
WHEREAS, City desires to engage Contractor to perform the services described herein, and Contractor desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

1. TERM
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 June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

Notwithstanding the foregoing, the City Manager may extend the Term of the Agreement for two (2) one-year terms.

2. SERVICES
Contractor shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Contractor, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services.

Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Contractor shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing pest control services, serving a municipal agency.
(d) Contractor shall comply with all applicable federal, state, and local laws,

Page 1 of 17 ends

regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict-of-interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Contractor shall not perform any work for another person or entity for whom Contractor was not working on the Effective Date if both (i) such work would require Contractor to abstain from a decision under this Agreement pursuant to a conflict-of- interest statute or law; and (ii) City has not consented in writing to Contractor's performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Contractor will not be entitled to any compensation for Services performed pursuant to this Agreement, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Contractor represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Contractor or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but shall have no authority to modify the Services or the compensation due to Contractor.

4. PAYMENI
(a) The City agrees to pay Contractor 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. This amount shall not exceed Two Hundred Forty Thousand Dollars ($240,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

Page 2 of 17 ends

(c) Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City pursuant to Section 5 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Contractor hereby grants to City all right, title, and interest,

Page 3 of 17 ends

including any copyright, in and to the documents, designs, drawings, maps, models, computer tiles, surveys, notes, and other documents prepared by Contractor in the course of roviding the services under this Agreement. All reports, documents, or other writter material developed by Contractor in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

7. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Contractor's Services, to the tullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials 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 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, the performance of this Agreement by Contractor or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Contractor shall have an immediate duty to defend the City at Contractor's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Contractor will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

Page 4 of 17 ends

8. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.

9. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor and/or independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractors exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
(c) Contractor 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, Contractor's or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractor of Contractor, 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.

10. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

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11. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Contractor is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Contractor in such proceeding, Contractor agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (i) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Industry
15625 E. Stafford, Suite 100
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
Attention: James M. Casso, City Attorney
To Contractor: Janus Pest Management, Inc.

P.O. Box 4649
San Dimas, CA 91773
Attn: Kristina Spicer, Operations Manager

15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subcontractor for any services under this Agreement, Contractor shall provide City with the identity of the proposed subcontractor, a opy of the proposed written contract between Contractor and such subcontractor which hall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Contractor's use of any subcontractor, Contractor shall be responsible to the City for the performance of its subcontractor as it would be if Contractor had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subcontractor employed by Contractor. Contractor shall be solely responsible for payments to any subcontractors.

Contractor shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subcontractor under this Agreement.

16. GOVERNING LAW/ATTORNEYS' FEES

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The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Contractor under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and Contractors, as well as costs on appeal, in addition to any other relief to which it may be entitled.

17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER
The waiver by City or Contractor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or

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condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Contractor unless in writing.

22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONTRACTOR"
City of Industry Janus Pest Management, Inc.

Cor
By: By:_
Cory C. Moss, Mayor Jay Spicer CEO
Attest:

Julie Gutierrez-Robles, City Clerk
Approved as to form:

Rusa Cano
By:_
James M. Casso, City Attorney

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Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following pest management services, which includes, but is not limited to, monthly visits for prevention of rodent and pest infestations, the control of bugs, termites, bees, rodents, ground squirrels and any other pest control services as directed by the City. Services will be provided at the following locations, at the frequency noted:

Location Frequency
Homestead Museum Two times - Monthly Service. Exterior-General Pest (Occasional Interior)
City Hall Monthly Service. Exterior-General Pest
Industry Business Council Monthly Service. Exterior-General Pest Youth Athletic League offices/Post Office Monthly Service. Exterior-General Pest Tonner Canyon/Boy Scout Reserve • Quarterly Service. Guard Shack. Exterior- General Pest
• Monthly Service. Camp Master Building.

General Pest
• Monthly Service. Camp Courage. General
Pest.
• Monthly Service. Restroom Shower Building.

General Pest
• Two times - Weekly Rodent. Camp Courage
Master bunkhouse, restrooms, showers: May
- August. Rodent control
Monthly Rodent. Camp Courage. Monthly
Sept - April: Tents only repellent. Rodent
control
• Weekly Service. Camp Courage. June - Aug
Weekly disinfection for 4 Camp. Courage
Tents, Treat bare mattress pads on twin
bunks. Rodent Disinfection.
• Annual Rodent Device Install. Camp Courage
Tents Add devices to 4 tents. 1x per year.

Rodent

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• Annual Rodent Devices Install. Camp
Courage, Camp Master bunkhouse,
restrooms, showers - 1X per year. Rodent
control.
• 2- Weekly Rodent. Camp Courage Tests.

May-August - 4 Tents. Rodent control.
• Monthly Service. Camp Courage Tents. May-
August. Monthly treatment of tents for General
Pest.
• Rodent Cleanup - Annual. Camp Master,
Camp Courage, tents, restrooms, and
showers May - 1x Per Year.

Metrolink Station Monthly Service. Exterior-General Pest Industry Business Center Slope Monthly Service. Exterior-General Pest Industry Business Center Landfill (Across the street Ground Squirrel Trapping. Monthly - from the Industrial Business Center)
Parcel at Chestnut Street/Anaheim-Puente Road Ground Squirrel Maintenance - 2x Monthly Helipad Ground Squirrel Maintenance - 2x Monthly
Helipad Parking Lot Ground Squirrel Maintenance - 2x Monthly Public Right of Way As needed services

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•

EXHIBIT B

RATE SCHEDULE
Location Address Unit Price Cost
Homestead Museum 15415 Don Julian $600.00 $7,200.00
City Hall 15625 Stafford St $145.00 $1,740.00
Industry Business Council 15651 Stafford St $145.00 $1,740.00 Youth Athletic League offices/Post 15660 Stafford St/ $85.00 $1,020.00 Office 15559 Rausch Rd
Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon $125.00 $500.00 Guard Shack
Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon $102.00 $1,224.00 Camp Courage Master Building
Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon $122.00 $1,464.00 Camp Courage
Tonner Canyon/Boy Scout Reserve - $75.00 $900.00
19001 Tonner Canyon
Restroom Shower Building
Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon $142.00 $5,112.00 Camp Courage Master Bunkhouse
Tonner Canyon/Boy Scout Reserve - 19001 Tonner Canyon $142.00 $994.00 Camp Courage Tents
Tonner Canyon/Boy Scout Reserve - $182.00 $2,184.00
19001 Tonner Canyon
Camp Courage Tents and Bunkbeds
Tonner Canyon/Boy Scout Reserve -
Camp Courage Tents Rodent Control 19001 Tonner Canyon $340.00 $340.00 (Annually)
Tonner Canyon/Boy Scout Reserve -
Camp Courage Master Bunkhouse 19001 Tonner Canyon $340.00 $340.00 Rodent Control (Annually)
Tonner Canyon/Boy Scout Reserve -
Camp Courage Tents Rodent Control 19001 Tonner Canyon $142.00 $5,112.00 (May - Aug)
Tonner Canyon/Boy Scout Reserve -
Camp Courage Tents (Monthly May- 19001 Tonner Canyon $750.00 $300.00 Aug
Tonner Canyon/Boy Scout Reserve -
Camp Master Building, Camp Courage, 19001 Tonner Canyon $4,500.00 $4,500.00 Camp Tents, Restrooms, and showers
(May)
Metrolink 600 Brea Canyon $65.00 $390.00
Industry Business Center Slope Old Brea Canyon Rd $168.00 $2,016.00

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Industry Business Center Landfill
(Across the street from the Industrial Landfill on Grand $733.00 $8,796.00 Business Center)
Parcel at Chestnut Street/Anaheim- Anaheim and Puente
Puente Road $448.00 $10,752.00
Helipad 15252 Stafford St $150.00 $3,600.00
Helipad Parking Lot 15400 Stafford St $243.00 $5,832.00 Public Right of Way $13,944.00
Annual Total $80,000.00
The above location costs are only estimates, and the City, may, in its sole and absolute discretion, reallocate resources amongst the various locations, not to exceed the payment amount set forth in Section 4(a) of this Agreement.

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, his agents, representatives, employees or subcontractors.

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Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for

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which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.

The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Contractor agrees to ensure that its subcontractors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to City for review.

City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City
Timely notice of claims. Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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CITY COUNCIL
ITEM NO. 6.7

CITY OF INDUSTRY

LOR RELES COUS

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM:

Joshua Nelson, City Manager ON
STAFF: Sam Pedroza, Assistant City Manager
DATE: October 13, 2022
SUBJECT: Consideration of a Professional Services Agreement with Elevate Public Affairs, LLC, for public relations consulting services, for a not-to-exceed amount of $1,000,000.00, through October 31, 2027
Background:

Since 2015, Elevate Public Affairs, LLC ('Elevate") has provided public relations consulting services to the City. Services include: assisting City staff with developing press releases, fact sheets, and other informational materials; updating the City's website and social media with upcoming events; preparing print, digital, and other media to attract businesses to the City; and providing day-of support and materials for special events. City Staff wishes to continue contracting with Elevate for these services.

Discussion:

Staff is recommending the City Council approve a Professional Services Agreement ("PSA") with Elevate for public relations consulting services, for a not-to-exceed amount of $1,000,000.00, through October 31, 2027. The compensation is based on a $15,000.00 per month cost, which is the current rate the City is paying, and includes $100,000.00 for reimbursable expenses, such as photography, videography, and graphic design services.

Fiscal Impact:

The cost for public relations consulting services is included in the adopted budget for FY 22/23 under Community Promotion and Economic Development - Professional Services (Account No. 100-621-5120.01). No appropriation is needed at this time.

Recommendations:

Staff recommends that the City Council approve the PSA with Elevate, dated October 13, 2023.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Exhibit:

A. PSA with Elevate, dated October 13, 2022
TH/BH:kt

EXHIBIT A
Professional Services Agreement with Elevate Public Affairs, LLC, dated October 13, 2022
[Attached]

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of October 13, 2022 ("Effective Date"), between the City of Industry, a municipal corporation ("City") and Elevate Public Affairs, LLC, a California limited liability company ("'Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties"

RECITALS
WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

1. TERM
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 October 31, 2027, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing public relations consulting services, serving a municipal agency.
(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political

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Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant's performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
City's City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.

PAYMENT
(a) 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. This amount shall not exceed One Million dollars ($1,000,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

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(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereot, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 4 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

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Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer tiles, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

7. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials 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 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, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

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8. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.

9. INDEPENDENT CONSULTANT
(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 indemnity provisions set forth in this Section 9 shall survive the termination of this Agreement and are in addition to any other rights or remedies the City may have under the law.

10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

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11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which

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provides a receipt showing date and time of delivery, or iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

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
Attention: James M. Casso, City Attorney
To Consultant: Elevate Public Affairs, LLC
10474 Santa Monica Boulevard, #405
Santa Monica, CA 90025
Attention: Elizabeth Hansell, Principal

15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Consultant's use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants.

Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.

16. GOVERNING LAWATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions

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of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

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22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Elevate Public Affairs, LLC
By: By:

Joshua Nelson, City Manager Elizabeth Hansell, Principal Attest:

By: _
Julie Gutierrez-Robles, City Clerk
Approved as to form:

By:

James M. Casso, City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services including, but not limited to:

Develop communication templates; prepare and disseminate press releases; develop fact sheets on City public works or other projects and/or programs funded and/or managed by the City; develop other informational material to communicate to City residents, businesses, and the public; assist the City with its media relations; scheduling and managing media interviews about City activities, including public works projects and programs; facilitate media inquiries, as needed; update City's website's events section for public use; assists with updating digital platforms and social media for improved access to City news and updates; draft, prepare and disseminate information to appropriate publications to attract businesses to the City; identify speaking opportunities; and preparation of information and article submission opportunities with key business journals, membership and trade publications, social media, domestic and international to highlight City.

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EXHIBIT B

RATE SCHEDULE
Activity Rate
Services set forth in Exhibit A $15,000.00/month
Reimbursement Expenses $100,000.00 (not to exceed the term of the Agreement) Reimbursable Expenses - City shall reimburse Consultant its actual costs for all photocopy, videography, photography, graphic design, postage, print and digital flyers or similar media, or related services, upon prior written approval from City and upon submittal of evidence of said costs along with the monthly invoices, as set forth in the Agreement.

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

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Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.

The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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CITY COUNCIL
ITEM NO. 6.8

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Josh Nelson, Cily Manager A
STAFF: Bing Hyun, Assistant City Manager
DATE: October 13, 2022
SUBJECT: Consideration of an Exclusive Negotiation Agreement with Newage PHM, LLC for properties generally known as 1560-1630 S. Azusa Avenue, City of Industry, California, consisting of Assessor's Parcel Nos. 8265-004-039, 8265-004-040, 8265-004-041, 8265-004-118, 8265-004-120, and 8265-004-121
Discussion:

The City intends to explore possible purchase of the subject properties. The Exclusive Negotiation Agreement ("ENA") provides that Newage PHM, LLC ("Owner") and the City will negotiate in good faith, and that the Owner will make documents available for City review. The term automatically expires in one hundred eighty (180) days. However, the City may request an extension, subject to Owner's consent. Either City or Owner may terminate the ENA upon ten (10) days' notice. In addition, the ENA neither binds the City to purchase the property, nor obligates the Owner to sell the property to the City.

Fiscal Impact:

City may retain consultants to assist with evaluation of documents and associated analyses.

Recommendations:

Staff recommends that the City Council approve the ENA with Newage PHM, LLC.

Exhibit:

A. Exclusive Negotiation Agreement with Newage PHM, LLC TH/BH:yp
15625 Mayor Dave Way• City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

EXHIBIT A
Exclusive Negotiation Agreement with Newage PHM, LLC
[Attached]

EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (the "Agreement") is entered into this _ day of , 2022 ("Effective Date"), by and between the CITY OF INDUSTRY, a California municipal corporation ("City"), and NEWAGE PHM, LLC a Delaware limited liability company ("'NPHM") and NEWAGE PHM II, LLC a Delaware limited liability company ("NPHMII"), on the terms and provisions set forth below. For the purpose of this Agreement, NPHM and NPHMII are collectively referred as "Owner", and City and Owner are collectively referred to as the "Parties", and individually as "Party".

RECITALS
WHEREAS, NPHM is the owner of certain property located in the Puente Hills Mall, 1560-1630 S. Azusa Avenue, City of Industry, California, consisting of Assessor's Parcel Nos. 8265-004-118, 8265-004-120, and 8265-004-121, and the current ground lessee for Assessor's Parcel Nos. 8265-004-039 and 8265-004-040 and NPHMII is the owner of Assessor's Parcel No, 8265-004-041 as set forth in Exhibit A, attached hereto and incorporated herein by reference (collectively, the "Property"); and
WHEREAS, City and Owner desire to enter into this Agreement with its exclusive negotiation period to explore whether City will later purchase the Property. City's cooperation with Owner during the term of this Agreement shall be solely for the purpose of negotiations; and WHEREAS, Owner is not currently engaged in negotiations with any other party or entity regarding the Property; and
NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

Recitals. The Recitals are true and correct and are incorporated herein by this reference, as if fully set forth herein.

2. Term. The term of this Agreement (the "Term") shall commence on the Effective Date and shall automatically expire one hundred eighty (180) days from the Effective Date. City may request an extension of the Term by submitting a formal request to Owner not less than twenty (20) days prior to the expiration of the Term, or any extended Term. Each City request for an extension shall be subject to Owner's consent, which may be withheld in Owner's sole and absolute discretion. Either City or Owner may terminate this Agreement at any time upon ten (10) days' notice to the other.

3. Negotiations.
a. Good Faith Negotiations
City and Owner, acknowledging that time is of the essence, agree during the Term to negotiate diligently and in good faith:

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The terms and conditions pursuant to which City may purchase the Property from Owner.

Owner agrees during the Term not to negotiate with any other person or entity regarding development of the Property or any portion thereof.

Among the issues that may be discussed during the Term are: (1) price and terms of payment; and (2) environmental review and processes.

This Agreement does not impose a binding obligation on City to purchase the Property from Owner, nor does it obligate Owner to sell the Property to City. Without limiting the generality of the foregoing, City and Owner expressly acknowledge that a purchase and sales agreement resulting from negotiations contemplated herein shall become effective only if it is approved by the City Council, fully executed, and in compliance with all other requirements of law.
b. [Intentionally Omitted].
c. Upon automatic termination of this Agreement at the expiration of the Term or such extension thereof, neither Party shall have any further rights against or liability to the other under this Agreement.

4. City's Studies and Reports.

City shall use its best efforts to prepare, at City's expense, any studies, surveys, plans, specifications and reports (the "City's Studies") City deems necessary or desirable in City's sole discretion, regarding the City's purchase of the Property. Such studies may include, without limitation, title investigation, relocation or financial feasibility analyses, and marketing, feasibility, soils, seismic, design and environmental studies. All reports, investigations, analyses, and studies are, and shall remain, the sole property of the City, however, if such are deemed non-exempt public records pursuant to the California Public Records Act (Cal. Gov't. Code §§6250 et seq.) ("PRA"), the City shall submit copies to Owner upon request, in accordance with the PRA. Owner shall provide City reasonable access to the Property upon 48 hours' notice.

5. Owner's Documents.

Within ten (10) days following the Effective Date, Owner shall begin to make available to City for review or copying at City's expense, including, but not limited to, the following: all studies, covenants, conditions, and restrictions, all leases in effect as of the Effective Date, any documents regarding environmental conditions (e.g. Phase I or II), geological conditions (e.g. soils reports), and easements (e.g. title report, ALTA survey), surveys, plans, specifications, reports, and other documents with respect to the Property, if any, that Owner has in its possession or control (collectively, "Owner's Documents"). Owner acknowledges that Owner's Documents are subject to the PRA, however, should the City, in its sole and absolute discretion, determine that any of Owner's Documents are exempt from disclosure, City shall endeavor to withhold such Owner's Documents from disclosure.

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Real Estate Commissions.

Neither City nor Owner shall be liable for any claim of real estate commissions or rokerage tees brought against the other which may arise heretrom. City and Uwner represent tha ach has not engaged any broker, agent or finder in connection with this transaction, and eac agrees to hold the other harmless from any claim by any broker, agent or finder retained by the other.

7. Remedies for Breach of Agreement.

In the event of a claimed breach by any Party hereto, the sole remedy of the other Party shall be to terminate this Agreement, effective immediately upon written notice to the other. Following such termination, neither Party shall have any further rights, remedies or obligations under this Agreement, except for any responsibilities which may survive the termination hereof, in accordance with specific provisions of this Agreement. No Party shall have the right to seek an award of damages as a result of the termination of this Agreement, including in connection with any expenses incurred under Section 11, below. The Parties shall, however, retain all rights and remedies, legal and equitable, as may be otherwise afforded to them under this Agreement or law, except that the Parties hereby agree that no lis pendens shall be recorded against any portion of the Property in connection with any dispute arising under this Agreement.

Attorney's Fees.

The prevailing Party in any action arising from or relating to this Agreement shall be entitled to recover its reasonable attorney's fees, expert witness fees and costs in addition to any other relief and recovery ordered by the court.

Notice.

Except as otherwise specified in this Agreement, all notices and demands shall be in writing and sent to the Parties at their respective addresses specified below by overnight mail; provided that if any Party gives notice in writing of a change of name or address, notices to such Party at the new address shall thereafter be given as demanded in that notice:

City: Joshua Nelson, City Manager
City of Industry
15625 Mayor Dave Way
Suite 100%
City of Industry, California 91744
with a copy to: James M. Casso, City Attorney
Casso & Sparks, LLP
13300 Crossroads Parkway North
Suite 410
City of Industry, California 91746

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Owner: Newage PHM, LLC
c/o Kam Sang Company, Inc.
411 E. Huntington Dr. #305
Arcadia, California 91006

10. Prohibition against Assignment; Third-Party Beneficiaries.

Neither this Agreement nor any part thereof may be assigned without the prior written approval of the other Party in such Party's sole and absolute discretion. Except as expressly provided herein, any purported transfer, voluntary or by operation of law of this Agreement, shall be absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee. This Agreement is made and entered into only for the benefit of City and Owner and no other person shall have any right of action as an intended or incidental third-party beneficiary.

11. Expenses.

Except as otherwise provided herein, all third-party costs and expenses (including, without limitation, all legal fees and expenses) incurred in connection with this Agreement and the activities contemplated hereby shall be paid by the Party incurring the same.

12. Waiver; Extension; Amendment.

No waiver of any claimed breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving Party. This Agreement may only be amended by the written consent of the Parties.

13. Indemnification.

Each Party agrees to indemnify, defend, and hold harmless the other and its officials, officers, employees and agents, from any and all cost, liability, loss, damage or expense, including, without limitation, attorneys' fees arising out of the other's failure to fulfill its obligations under this Agreement. For purposes of this Section 13 "Owner" shall also include Kam Sang Co., Inc., and its officers, employees and agents.

14. Governing Law and Venue.

This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflict of laws. The exclusive venue for any action or proceeding arising from or relating to this Agreement shall be in the County of Los Angeles, State of California.

Page 4 of 8 ends

15. Entire Agreement.

This Agreement, including the exhibits attached hereto, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes any and all prior agreements and understandings between the parties. No change in, modification of or amendment to this Agreement shall be valid unless set forth in writing and signed by all of the parties subsequent to the execution of this Agreement.

16. Severability.

If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

Counterparts; Facsimile/Email Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile or email shall be equally effective as delivery of an original executed counterpart of this Agreement.

18. Authority. The person or persons executing this Agreement represent and warrant that they have the authority to execute this Agreement and have the authority to bind their respective Party to the performance of its obligations hereunder.
[Signature Page to Follow]

Page 5 of 8 ends

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
"CITY" "OWNER"
City of Industry Newage PHM, LLC
By:_ By:_
Cory C. Moss, Mayor Kam Sang Company, Inc., a California Corporation, its manager
ATTEST:

By:_
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM: Newage PHM II, LLC
Fames M. Casso, City Attorney Ram Sang Company, Inc, a California Corporation, its manager

Page 6 of 8 ends

EXHIBIT A

DESCRIPTION OF THE PROPERTY
THOSE PORTIONS OF ASSESSORS PARCEL NUMBERS 8265-004-120, 8265-004-121, 8265-004-118, 8265-004-041, 8265-004-039, and 8265-004-040, AS SHOWN IN EXHIBIT B.

Page 7 of 8 ends

EXHIBIT B

MAP OF THE PROPERTY
8265-004-118
8265-004-040
8265-004-041 65-004-121

Page 8 of 8 ends

CITY COUNCIL
ITEM NO. 7.1
No Back-up Material

CITY COUNCIL
ITEM NO. 7.2

CITY OF INDUSTRY
1957

DO ADELES COME

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, Gily Manager gA
STAFF: Sam Pedroza, Assistant City Manager
DATE: October 13, 2022
SUBJECT: Presentation, discussion, and direction regarding the Homestead Museum's draft mission statement
Background:

On September 8, 2022, Staff presented the City Council with a status update on the creation of a Strategic Plan for the Homestead Museum and requested the City Council's input regarding a draft mission statement. A mission statement includes three elements:

Why does the museum exist; for whom; and with what impact.

Discussion:

Based on feedback received, Staff is presenting two draft options for the Council's input.

Draft 1: The Homestead Museum ignites visitor interest by humanizing the history of San Gabriel Valley through the lens of the families that found it, so that visitors develop an enhanced understanding of our diverse and industrial past, and also serves as an historical resource and learning opportunity for the children of the San Gabriel Valley.

Draft 2: The Homestead Museum presents the history of San Gabriel Valley from varied points of view to allow for a strengthened connection by visitors and students of all ages to the world around them, and the role the past plays in our present and future.

Staff is seeking the City Council's input and direction on the draft mission statements.

Fiscal Impact:

There is no fiscal impact at this time.
15625 Mayor Dave Way• City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Recommendation:

Staff is seeking the City Council's input and direction on the Homestead Museum's draft mission and core values statements.

JN/SP:kt

CITY COUNCIL
ITEM NO. 7.3
1957 CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
Joshua Nelson, City Manager
FROM:

STAFF: Yamini Pathak, Director of Finance YR
DATE: October 13, 2022
SUBJECT:
• Consideration of Ordinance No. 819 - an Ordinance of the City Council of the City of Industry, California, Amending Sections 3.04.040 (Bidding procedures), 3.04.050 (Purchases on the open market), 3.04.055 (Professional services), and 3.04.070 (Exemptions-municipal utilities and street lighting) of Chapter 3.04 (Purchasing System), of Title 3 (Revenue and Finance) of the City of Industry Municipal Code, and Adopting a Notice of Exemption Regarding Same
• Consideration of an Amended Procurement Policy
BACKGROUND:

The City adopted a formal Procurement Policy ("Policy") on June 27, 2013, which follows policies set forth in Chapter 3.04 of the City's Municipal Code ("Code"), concerning the acquisition of services, supplies and equipment. The City wishes to amend the Code and Policy to update purchase level authorizations, bidding procedures and types, exemptions for municipal utilities and street lighting, etc.

DISCUSSION:

The City has been using the Policy adopted on June 27, 2013 and corresponding Code to obtain services, supplies and equipment. It is necessary from time-to-time to review the Policy and Code to identify inconsistencies, changes or general updates to the way City is conducting business. City Staff has identified several sections in the Code and Policy that require updates and is recommending changes, as follows:
• Code Section 3.04.040 A-D (Bidding procedures) is updated to include an option for electronic bidding procedures on City's website.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Purchasing Ordinance No. 819
October 13, 2022

Page 2 of 3 ends

• Code Section 3.05.050 (Purchases on the open market) previously required all purchases on supplies and equipment of an estimated value of $100,000 or less be made by City Manager on the open market, following solicitation of written proposals from prospective sellers. The revision to this section of the Code separates the $100,000 authority into three separate buckets, as tollows:
• Purchases less than $5,000 may be made by the City Manager or his designee over the counter.
• Purchases of $5,000 to $9,999 may be made by the City Manager or his designee on the open market after the solicitation of proposals from the prospective sellers of such supplies or equipment.
• Purchases of $10,000 to $100,000 may be made by the City Manager on the open market after the solicitation of proposals.
• Code Section 3.05.055 (Professional services) increases the City Manager's authority to enter into agreements for professional services from $10,000 to $25,000. • Code section 3.04.070 (Exemptions - Municipal utilities) revises the section title and content to include street lighting.

In addition to the Code changes listed above, changes to the Policy include a new definition section; removal of former Section 14 Protest Procedures; and updates to Section 13 Surplus Personal Property to allow donations of surplus property to other public agencies.

Further, as noted in the Policy, in the event there are any conflicts between the Policy and the City's Code, the provisions of the Code prevail.

FISCAL IMPACT:

No fiscal impact.

RECOMMENDED ACTION:

Waive the reading of Ordinance No. 819, and read by title only; and Introduce Ordinance No. 819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING SECTIONS 3.04.040 (BIDDING PROCEDURES), 3.04.050 (PURCHASES ON THE OPEN MARKET), 3.04.055 (PROFESSIONAL SERVICES), AND 3.04.070 (EXEMPTIONS-MUNICIPAL UTILITIES AND STREET LIGHTING) OF CHAPTER 3.04 (PURCHASING SYSTEM), OF TITLE 3 (REVENUE AND FINANCE) OF THE CITY OF INDUSTRY

MUNICIPAL CODE, AND ADOPTING A NOTICE OF EXEMPTION REGARDING SAME
3) Adopt the Policy, which will become effective upon the effective date of Ordinance No. 819.

Attachments:

1. Ordinance No. 819 - an Ordinance of the City Council of the City of Industry, California, Amending Sections 3.04.040 (Bidding procedures), 3.04.050 (Purchases on the open market), 3.04.055 (Professional services), and 3.04.070 (Exemptions-municipal utilities and street lighting) of Purchasing Ordinance No. 819
October 13, 2022

Page 3 of 3 ends

Chapter 3.04 (Purchasing System), of Title 3 (Revenue and Finance) of the City of Industry Municipal Code, and Adopting a Notice of Exemption Regarding Same

2. Notice of Exemption

3. City of Industry Amended Procurement Policy
ORDINANCE NO. 819

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, AMENDING SECTIONS 3.04.040 (BIDDING PROCEDURES), 3.04.050 (PURCHASES ON THE OPEN MARKET),

3.04.055 (PROFESSIONAL SERVICES), AND 3.04.070 (EXEMPTIONS— MUNICIPAL UTILITIES AND STREET LIGHTING) OF CHAPTER 3.04 (PURCHASING SYSTEM), OF TITLE 3 (REVENUE AND FINANCE) OF

THE CITY OF INDUSTRY MUNICIPAL CODE, AND ADOPTING A

NOTICE OF EXEMPTION REGARDING SAME
of the Cly Findustry City's to Antic go resion if or dalty a Cong minic he Chainst.

Pursuant to Section 200 of the City's Charter, the City has the power to make all laws and regulations with respect to municipal affairs. Cities have the authority to enter into contracts, including those for services and goods, and carry out necessary functions; and WHEREAS, Chapter 3.04 of the City's Municipal Code ("Code") sets forth the process by which the City obtains services, supplies and equipment; and WHEREAS, it is recommended that the City Council amend Chapter 3.04 of the Code to increase the City Manager's authority to enter into agreements for professional services, and to expressly include an exemption to the purchasing requirements for street lighting; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings.

The City Council finds that based upon substantial evidence presented to the City Council during the October 13, 2022 public meeting, including public testimony and oral staff reports, that all of the facts set forth in the recitals, are true and correct, and are incorporated herein by reference.

SECTION 2. CEOA Findings.

Upon independent review and consideration of the information contained in the Staff Report and the Notice of Exemption for this Ordinance, the City Council hereby finds and determines that this Ordinance does not have the potential for causing a significant effect on the environment.

Accordingly, the City Council finds and determines that this Ordinance is exempt from California Environmental Quality Act ("CEQA", Public Resources Code § 21000 et seq.) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines (Chapter 3, of Title 14, of the California Code of Regulations) that CEQA applies only to projects which have the potential for causing a significant effect on the environment and therefore the City Council approves and adopt the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law.

SECTION 3. Municipal Code Amendment. Sections 3.04.040.A.-D. (Bidding procedures) of Chapter 3.04 (Purchasing System) of Title 3 (Revenue and Finance) of the City of Industry Municipal Code are hereby revised to read in their entirety as follows:

A. Purchases of supplies and equipment of an estimated value of greater than one hundred thousand dollars shall be by written contract with the lowest responsible bidder after notice. Such notice shall invite sealed bids, include a general description of the services, supplies or equipment to be purchased, state where bid forms and specifications may be obtained and specify the time and place for the opening of bids. The City may require electronic submission of any bids.

B. Such notice shall be published on the City's website and in a newspaper of general circulation printed and published in the city, or if there is none, it shall be posted in no less than three public places in the city designated by ordinance for the posting of public notices. The city manager shall post a copy of such on a public bulletin board in the city administrative offices. The city manager shall mail a copy of such notice to anyone who has requested to be so notified
C. All notices shall be published or posted, as the case may be, not less than ten days prior to the date specified for the opening of bids.

D. Bids shall be submitted to the City in accordance with the instructions in the notice inviting sealed bids. Bids shall be received and finalized at the time specified in the notice inviting sealed bids. All bids received by the City shall be available for public viewing and inspection following the bid opening.

SECTION 4. Municipal Code Amendment. Section 3.04.050 (Purchases on the open market) of Chapter 3.04 (Purchasing System) of Title 3 (Revenue and Finance) of the City of Industry Municipal Code is hereby revised to read in its entirety as follows:

3.04.050 Purchases of $100,000 or Less
A. Purchases of Less than $5,000
Purchases of supplies and equipment of an estimated value of less than five thousand dollars, may be made by the city manager or his designee over the counter.

B. Purchases of $5,000 to $9,999.99
Purchases of supplies and equipment of an estimated value of five thousand to less than ten thousand dollars, may be made by the city manager or his designee, on the open market after the solicitation of proposals from the prospective sellers of such supplies or equipment. Solicitation of proposals may be made in writing, by telephone or otherwise and shall be made to sufficient numbers of prospective sellers as may be deemed by the city manager (or his designee) to be consistent with competitive bidding policies of the city and in no event less than three such proposals shall be obtained unless the city manager (or his designee) determines that it is not possible to obtain three such proposals. The city manager (or his designee) shall maintain a record of all such purchases and the names of each bidder, the manner in which the bids were solicited and the amount of each such bid.

That record shall also reflect the reason why there are less than three bids in those instances where there were not three qualified bidders.
2 C. Purchases of supplies and equipment of an estimated value of ten thousand dollars or more may be made by the city manager on the open market after the solicitation of proposals as set forth in Section 3.04.050.B.

SECTION 5. Municipal Code Amendment. Section 3.04.055 (Professional services) of Chapter 3.04 (Purchasing System) of Title 3 (Revenue and Finance) of the City of Industry Municipal Code is hereby revised to read in its entirety as follows:

Procurement of professional services of an estimated value of twenty-five thousand dollars or less may be made by the city manager at his or her discretion on the open market without specific solicitation or competitive bidding requirements. Professional services greater than twenty-five thousand dollars shall require prior approval by the city council. For the purposes of this section, professional services shall include, without limitation, consultants, advisors, attorneys, architects, planners, engineers, auditors, or other professionals with advanced or specialized knowledge, expertise or training gained by formal studies, or any other professional services listed in California Government Code sections 4525-4529.5, 37103, and 53060 so long as the service performed does not constitute a public works project.

SECTION 6. Municipal Code Amendment. Section 3.04.070 (Municipal utilities) of Chapter

3.04 (Purchasing System) of Title 3 (Revenue and Finance) of the City of Industry Municipal Code is hereby revised to read in its entirety as follows:

3.04.070 Exemptions—Municipal utilities and street lighting.

In addition to the exceptions set forth in Section 3.04.060, Sections 3.04.040 and 3.04.050 shall not apply to the purchase of supplies and equipment for projects related to the construction, modification, addition, extension, replacement or expansion of public utility facilities and street lighting, or the transmission or distribution system thereof, operated by, or under the control of the city. For purchases of such supplies and equipment with an estimated value over two hundred fifty thousand dollars, the city manager shall first attempt to follow the procedures set forth in Section 3.04.050; however, such procedures shall not be mandatory if the city manager's determination is that supplies and equipment must be purchased immediately for the efficient operation of the public utility.

SECTION 7. Clerical Errors. The City Council directs the City Clerk to correct any clerical errors found in this Chapter, including, but not limited to, typographical errors, irregular numbering, and incorrect section references.

SECTION 8. Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.
3 SECTION 9. Effective Date. In accordance with California Government Code §36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 10. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this ordinance to be published and posted as required by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on October 27, 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

STATE OF CALIFORNIA CITY CLERK'S CERTIFICATION
COUNTY OF LOS ANGELES ) SS RE: ADOPTION OF CITY ORDINANCE

CITY OF INDUSTRY
I, Julie Gutierrez-Robles, City Clerk of the City of Industry, do hereby certify that the foregoing Ordinance No. 819 was introduced at the regular meeting of the City Council on October 13, 2022, and was adopted at a regular meeting of the City Council on October 27, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Julie Gutierrez-Robles, City Clerk
(SEAL)

INDUSTRY

CITY OF INDUSTRY

PROCUREMENT POLICY
Date Adopted: 06/27/2013
Last Amended: 10/13/2022 Page 1 of 16
SECTION 1. PURPOSE
The purpose of this policy is to provide the City a means of assuring continuity and uniformity in its contracting and purchasing operations, and to define the responsibilities for contracting for services and purchasing supplies and equipment for the City. This policy is in furtherance of the general authority and procedures set forth in Chapter 3.04 (Purchasing System) of Title 3 of the City's Municipal Code, and while comprehensive, the policy is not intended to address every issue, exception, or contingency that may arise in the course of City contracting and purchasing activities. The basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources, including keeping within the budget authorized by the City Council.

This policy does not address the purchase of supplies, equipment and professional services, which are included within the definition of a "public works" project subject to the requirements of the California Public Contract Code.

In the event of any conflicts between this policy and the City's Code, the provisions of the Code shall prevail.

SECTION 2. DEFINITIONS
The following words and terms shall be defined as follows unless the context indicates that a different meaning is intended:
"Bid" means the response submitted by a bidder to an invitation for bids issued by the City for supplies, equipment, and professional services. "City" means the City of Industry.
"City Council" means the City Council of the City of Industry. "Competitive bidding" refers to the process whereby bids are solicited from potential bidders in accordance with applicable laws (including the City's Municipal Code) to foster cost effective competition within the private sector providing professional services, supplies, or equipment to the City.
"Contract" means an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to provide supplies, personal property, equipment or professional services.
"Department" means any department, office, or other organizational unit of the City of Industry.
"Open market" or "quotation" means an informal, written or verbal proposal that is submitted by the bidder for procurement of supplies, equipment, and professional services for which formal bidding is not required.
"Over-the-counter" means purchases that do not require formal or informal bidding, nor competitive pricing considerations, unless practical to do so. "Procurement document" means a document that announces a project or a need for supplies, equipment, or professional services, and solicits bids from interested parties. "Professional services" means services performed by specially trained persons or firms in a professional occupation, including, but not limited to, services in connection with financial, economic, accounting, auditing, architectural, engineering, planning, legal, administrative or other matters involving advanced or specialized knowledge, expertise or training gained by formal studies, or any other professional services listed in California Government Code sections 4525-4529.5, 37103, and 53060. "Purchase order" means the City's written documentation provided to a vendor formalizing the terms and conditions associated with the ordering of the supplies, equipment, and professional services required by the City.
"Splitting" shall mean dividing a purchase or contract into two or more parts in order to avoid the provisions of this chapter requiring work to be done by contract after competitive bidding.

SECTION 3. PROCUREMENT OFFICER
The City Manager is designated as the Procurement Officer for the City and may delegate the administration of the program to a designee. The Procurement Officer is charged with the responsibility and authority for coordinating and managing the procurement of the City's supplies, equipment, and professional services according to this policy.

The Procurement Officer and all departments must adhere to this policy when procuring supplies, equipment, and professional services. This policy strives to define decision making with prudent review and internal control procedures and to maintain departmental responsibility and flexibility in evaluating, selecting, and procurement supplies, equipment, and professional services.

SECTION 4. RESPONSIBILITIES OF THE PROCUREMENT OFFICER

Page 2 of 16 ends

The Procurement Officer is responsible for 1) the procurement of supplies, equipment, and professional services; 2) the administration of this procurement policy; and 3) the management of surplus City property. To perform these functions efficiently and assist departments, the Procurement Officer will:

A. Coordinate and manage the procurement of the City's supplies and equipment services from the lowest responsive and responsible bidder when required by this policy.

B. Ensure full and open competition on all purchases as required by this policy.

C. Identify, evaluate and utilize procurement methods which best meet the needs of the City (i.e., cooperative purchases, blanket purchase orders, contractual agreements, etc.)
D. Assist all departments with research and recommendations in developing specifications; review specifications for completeness of information to ensure specifications are not unnecessarily restrictive.

E. Coordinate vendor relations, locate sources of supply, and evaluate vendor performance.

Recommend revisions to procurement procedures when necessary and keep informed of current developments in the field of public contracting and purchasing.

G. Prescribe and maintain all forms and records necessary for the efficient operation of the procurement function.

H. Act as the City's agent in the transfer and disposal of surplus equipment and materials.

1. Investigate the cost of recycled and non-recycled products to determine if the purchase of recycled products is practical and economical. To be considered economical, the added costs should not exceed 10 percent of the lowest non-recycled product price.

Make purchase award recommendations to the appropriate authority.

SECTION 5. RESPONSIBILITIES OF DEPARTMENTS
Departments are charged with the following responsibilities in the procurement process:

To anticipate requirements sufficiently in advance to allow adequate time to obtain goods in accordance with the best procurement practices.

Page 3 of 16 ends

B. To communicate and coordinate purchases with the Procurement Officer, as necessary.

C. To provide detailed, accurate specifications to ensure goods obtained are consistent with requirements and expectations.

D. To prepare requisitions in accordance with instructions so as to minimize the processing effort.

E. To inform the Procurement Officer of any vendor relations problems, shipping problems (i.e., damaged goods, late delivery, wrong items delivered, incorrect quantity delivered, etc.) and any situations that could negatively affect the procurement function.

F. To minimize urgent and sole source purchases and to provide written documentation when such purchases may be necessary.

G. To assist the Procurement Officer with the review of all bids received for compliance with specifications, and provide the Procurement Officer with written documentation regarding their findings.

To notify vendors of purchase award when authorized by the Procurement Officer.

1. To not "split" orders for the purpose of avoiding procurement requirements.

See Definitions.

To consider the use of recycled products when practical and economically feasible. To be considered economical, the added costs should not exceed 10 percent of the lowest non-recycled product price.

SECTION 6. VENDOR AND CONSULTANT RELATIONS
It is to the City's advantage to promote and maintain good relations with vendors and service providers. The Procurement Officer and department staff will conduct their dealings with vendors and consultants in a professional manner and will promote equal opportunity and demonstrate fairness, integrity, and courtesy in all relations.

SECTION 7. SPECIFICATIONS
It is the responsibility of each department to provide detailed, accurate specifications when requisitioning supplies, equipment, and professional services. Accurate specifications are essential for effective bidding.

A. Sole Source Specifications.

Page 4 of 16 ends

Sole source specifications must be avoided whenever possible, as they minimize or eliminate competition. The appropriate authority (Procurement Officer if total purchase for supplies or equipment is $100,000 or less; and City Council if total purchase for supplies or equipment is more than $100,000) may waive bidding requirements if sufficient written justification for a sole source purchase exists. Written documentation signed by the appropriate department head must accompany the requisition for any sole source request.

Standardization.

Standardization of specifications for items common to several departments can facilitate the procurement process. The Procurement Officer and departments are encouraged to work together to establish standard specifications for such items.

C. Brand Name, or Equal, Specifications.

In purchasing equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the Procurement Officer may limit bidding to a specific product type or a brand name product.

Use of brand names in specifications will be for the purpose of describing the standard of quality, performance, and characteristics the City desires and not be intended to limit or restrict competition. If a brand name is incorporated into a specification, a minimum of two acceptable brands will be listed whenever possible and will be followed by the statement "or approved equal" unless the sole source rule applies. Using specifications provided by a specific manufacturer should be avoided, however, if used, the name of the manufacturer, model number, etc., should be indicated. The bid document must clearly state that the use of the manufacturers specifications are for the sole purpose of establishing the level of quality desired. The Procurement Officer reserves the right to determine and approve any product submitted as an "or equal."
D. Vendor Assistance in Writing Specifications.

There may be occasions when vendor assistance is required to develop a specification. Such specifications must be written in general terms, and ma! ot contain specifications that limit the bidding opportunities to a sole vendor, the vendor will be informed that the information they provide may be used to develop specifications for a competitive bid process. The vendor will be allowed to submit a bid, but will not be given any preference over the other bids.

SECTION 8. SUPPLIES & EQUIPMENT: PROCUREMENT METHODS
A. Requirements for Certain Procurement Dollar Limits.

Page 5 of 16 ends

Procurement dollar limits are "per order". This policy specifically prohibits splitting an order to circumvent the specified dollar limits. Departments should contact the Procurement Officer to coordinate volume bids of repetitive requirements (i.e., the frequent purchase of items such as chemical, paper goods, etc., which annually exceed the specified limits).

Furthermore, the limits described below shall not apply to the purchase of supplies and equipment for projects related to the construction, moditication, addition, extension, replacement or expansion of public utility facilities or street lighting, or the transmission or distribution system thereot, operated by, or under the control of the City. For purchases of such supplies and equipment with an estimated value over two hundred fifty thousand dollars, the Procurement Officer shall first attempt to follow the procedures set forth within Section 8.A; however, such procedures shall not be mandatory if the Procurement Officer's determination is that supplies and equipment must be purchased immediately for the efficient operation of the public utility. Limit amounts do not include sales and use taxes or shipping charges.

Authority and Purchasing Limitations Summary
Competitive Bid Type Purchase Authorization
Bids Order Required
Less than $5,000 Not required Over the Not Department Head Counter required or Procurement
Officer
$5,000 to $9,999.99 Required Open Required Department Head Market/Quote or Procurement
Officer
$10,000 to $100,000 Required Open Required Procurement
Market/Quote Officer
Over $100,000 Required Formal Required City Council
Purchases of Less than $5,000 - Over the Counter.
(i) For purchases of less than $5,000, the authority to award is the Procurement Officer, and said authority
may be delegated to department heads. Purchases
shall be made over the counter, and no purchase order
is required. The Procurement Officer may delegate
authority to approve purchases less than $5,000 to

Page 6 of 16 ends

respective Department heads. A purchase order may
be requested by the department if required by the
vendor or if the department wishes to use the purchase
order as a mechanism to encumber funds.
(ii) Purchases of $5,000 - $9,999.99 - Open Market.

For purchases of between $5,000 - $9,999.99, the
authority to award is the Procurement Officer, and said authority may be delegated to department heads.

Purchases must be through the informal bid process.

All departments must obtain at least three oral or
written competitive proposals whenever possible for
purchases, unless the Procurement Officer determines
that it is not possible to obtain three such proposals.

The Procurement Officer may be requested to assist in
this process. The department must submit a
requisition, which includes the recommended vendor,
with all supporting documentation to the Procurement
Officer. Supporting documentation will include
competitive price quotes obtained, names of vendors
contacted, description of the items required, and
certificates of insurance as applicable. The
Procurement Officer will review the recommendation
and supporting documentation and may contact
additional sources for quotations. The Procurement
Officer may award the purchase to the lowest bidder
whose quotation fulfills the intended purpose, quality, and delivery needs of the solicitation, provided that an unencumbered appropriation for that item exists. In lieu of awarding the purchase, the Procurement Officer
may reject bids, or may negotiate further to obtain
terms more acceptable to the City.
(iii) Purchases of $10,000 to $100,000 - Open Market.

For purchases between $10,000 - $100,000 the
authority to award is the Procurement Officer.

Purchases must be made through the informal bid
process. All departments must obtain at least three
oral or written competitive proposals whenever
possible for purchases, unless the Procurement Officer
determines that it is not possible to obtain three such proposals. The Procurement Officer may be requested
to assist in this process. The department must submit

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a requisition, which includes the recommended vendor,
with all supporting documentation to the Procurement
Officer. Supporting documentation will include
competitive price quotes obtained, names of vendors
contacted, description of the items required, and
certificates of insurance as applicable. The
Procurement Officer will review the recommendation
and supporting documentation and may contact
additional sources for quotations. The Procurement
Officer may award the purchase to the lowest bidder
whose quotation fulfills the intended purpose, quality, and delivery needs of the solicitation, provided that an unencumbered appropriation for that item exists. In lieu of awarding the purchase, the Procurement Officer
may reject bids, or may negotiate further to obtain
terms more acceptable to the City.
(iv.) Purchases of More than $100,000 -Formal Bid.

Purchases that exceed $100,000 require a Formal Bid
Process, and City Council approval. See Section 9.

Blanket Purchase Orders.

A blanket purchase order is an agreement whereby the City contracts with a vendor to provide equipment or supplies on an as needed and often over- the-counter basis. Blanket purchase orders provide a mechanism whereby items which are uneconomical to stock may be purchased in a manner that allows field operations timely access to necessary materials. Blanket purchase orders may not be used to purchase capital assets.

Review.

The Procurement Officer will request confirmation of blanket purchase orders as needed, before the beginning of the fiscal year.

The Procurement Officer will review blanket purchase order requests based upon the following criteria:
i. Responsiveness and capabilities.
ii. Average dollar value and type of items to be purchased. iii. Frequency of need.

Contents.

All blanket purchase orders must include the following information:

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i. A general description of the equipment or supplies that may be charged. ii. The period of time the order will remain open, not to exceed one year. ili. The maximum total amount that may be charged on the purchase order. iv. The maximum amount that may be charged each time the employee implementing a purchase enters the vendor's place of business, or if unspecified, $250 per visit and $750 per month.

V. Items excluded from the purchase, if applicable.
vi. The phone number of the Purchasing Officer for questions or approval of charges that exceed the limit.
vii. Identification of the departments) and employee(s) who may charge against the order.
vili. Requirement that the employee show City identification. ix. Requirement that employees print and sign their names when picking up goods. x. City account numbers) to be charged.

Once a Blanket Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the Blanket Purchase Order.

Before the beginning of a new fiscal year, the finance department, in coordination with Procurement Officer and other departments, as applicable, will prepare a list of Blanket Purchase Orders in excess of $10,000 expected for the upcoming fiscal year. Staff will present the list of vendors whom the Blanket Purchase Orders will be issued for to City Council for approval.

C. Contract Purchase Orders.

Contract purchase orders are the preferred method of procurement for repetitive-use items that may be common to several departments or within one department. Establishing contract purchase orders provides a means of obtaining volume pricing based upon the combined needs of all departments, reduces the administrative costs associated with seeking redundant competitive bids and processing a contract purchase order each time an order is placed, and allows departments to order as needed, reducing the requirement to maintain large inventories of stock.

If a contract purchase order exists, departments will order all of their requirements from the successful vendor. No other source may be used

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without prior approval of the Procurement Officer. Departments must submit, in writing to the Procurement Officer, any performance problem encountered immediately following the occurrence so that corrective action may be taken.

Contract purchase orders are annual and may include option for renewal for specific products, product types, or services at agreed upon prices or pricing structure and for a specified period of time.

D. Cooperative Purchases.

The Procurement Officer may participate in purchases and contracts established by other political jurisdictions, provided the cooperative agreement is established following a competitive bid process. Procedures set forth below shall not apply to purchases of supplies or equipment where competitive bid procedures have already been utilized by the City, another public agency, including, but not limited to, federal, state, and county governments, including state of California agencies, joint powers authorities, special districts, or non-profit agencies whose main purpose is to assist cities or other public entities, including, but not limited to, the California Contract Cities Association and the League of California Cities.

The Procurement Officer may authorize the award of cooperative purchase agreements up to and including $100,000. City Council approval is required for the award of any cooperative purchase of more than $100,000.

E. Sole Source Purchases.

Supplies and equipment that can be obtained from only one vendor are exempt from competitive bidding. Sole source purchases may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area or a certain product has been proven to be the only product that has proven to be acceptable. All sole source purchases must be supported by written documentation signed by the appropriate department head and forwarded to the Procurement Officer.

Final determination that an item is a valid sole source purchase will be made by the Procurement Officer, or in the event the purchase exceeds $100,000, the City Council
Urgency Purchases.

Applicability.

Urgency purchases may be made without competitive bidding when time is of the essence, and will be made only for the following reasons:
i. to preserve or protect life, health or property; or

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ii. upon natural disaster; or
ili. to forestall a shutdown of essential public services.

Requirements.

Since urgency purchases do not normally provide the City an opportunity to obtain competitive quotations or properly encumber funds committed, sound judgment must be used in keeping such orders to an absolute minimum. In addition, the following requirements apply:
i. The Procurement Officer must be contacted prior to purchase to make the required exigent circumstances findings. The Procurement Ofticer's approval may be given verballv. to authorize the urgent transaction.
ii. A completed purchase requisition must be submitted to the Procurement Officer within two business days, or as soon as the information is available. All purchase requisitions for urgent purchases must be signed by the appropriate department head.
lili. Documentation explaining the circumstances and nature of the urgency purchase must be submitted by the appropriate department head as follows:
(i) Purchases less than $10,000: Use standard
procurement procedures.
(ii) Purchases in the amount of $10,000 - $100,000:

Report to the Procurement Officer by processing
requisition within one week.
(iii) Purchases of more than $100,000: 1) Report to
Procurement Officer within two working days, and 2)
Report to the City Council as soon as possible, ideally at its next scheduled meeting for ratification.
iv. If the urgency purchase causes any budget line item to exceed the approved budget, it will be the responsibility of the department requesting the purchase to obtain subsequent City Council approval for an additional appropriation or to make a transfer to cover the purchase.

G. Change Orders.

Purchase orders represent a contract between the City and the vendor. Any substantial change to a purchase order must be documented as a change order. Change orders will be reviewed and approved by the Procurement Officer. Any change order that causes the purchase order to exceed $10,000 must be reported to the Procurement Officer. Any change order

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that results in the purchase order exceeding $100,000 must be approved by City Council. Urgency changes must comply with Section 8.F. A purchase order may not be increased by more than 10 percent or $2,500, whichever is less, without a change order, except for taxes, shipping and handling as discussed below. Taxes, shipping and handling may cause the purchase order to exceed the authorized purchase order amount. These items do not require a change order, even if they exceed 10 percent of the original purchase order amount.

SECTION 9. INFORMAL AND FORMAL BID PROCESS
A. Except as otherwise exempted in the policy, supplies and equipment with an estimated value of $5,000 to $100,000 will be purchased following an Informal Bid Process and purchases of more than $100,000 will be made following a Formal Bid Process.

B. To initiate the informal/formal bid process, the department making the request must provide specifications for the item to be purchased and documentation showing the existence of an unencumbered appropriation for the item in the current approved budget. The Procurement Officer or requesting department will solicit informal/formal bids as prescribed by the City's Municipal Code and this policy.

C. Informal bids may be posted on the City's electronic bidding service to prospective bidders a minimum of ten calendar days before the due date, or solicited over the phone or otherwise.

D. Formal bids shall comply with Section 3.04.040 of the City's Code.

E. Copies of all bids received by the Procurement Officer will be retained per the City's document retention policy.

Bids will be reviewed for compliance with specifications by the requesting department. All deviations from the specifications must be fully documented by the requesting department and the impact of the deviations on the performance or suitability of the bid item will be detailed. Staff will prepare and forward a recommendation for approval of purchase or denial.

3. 04.050 oids will be Corded by the City Manager, as set forth in Section H. Formal bids will be approved by the City Council, as set forth in Section

3.04.040 of the City's Code.

Page 12 of 16 ends

SECTION 10. CREDIT CARD USAGE
Under certain circumstances, the use of a City credit card may be the most appropriate method for certain purchases. The following policies and procedures are established to insure internal control and timely payment of charges.

A. Treasury Department distributes the City's credit cards on an as-needed basis to department heads. City credit cards will only be available for the conduct of official City business. Use of the City credit card for personal purchases or cash advances is prohibited.

B. Purchases with a credit card may not exceed $2,000 without prior written approval of the City Manager.

C. All receipts must be turned in to Accounts Payable in Finance Department.

D. Failure to comply with established procedures may result in discontinuance of use of the City credit card by the employee/department, and may subject the employee to disciplinary personnel action, including but not limited to reimbursement.

SECTION 11. UNAUTHORIZED PURCHASES
Except for urgencies, departmental purchases, or other authorized exemptions stated in these policies, no purchase of supplies, equipment, or professional services may be made without an authorized purchase order. Otherwise, such purchases are void and not considered an obligation of the City. Any invoices without an authorized purchase order may be returned to the vendor unpaid. Purchase orders must be issued prior to ordering supplies, equipment, and professional services and not "after the fact" for work already done or materials already ordered.

SECTION 12. PROFESSIONAL SERVICES: CONSULTANT SELECTION A. Selection of Consultants for Professional Services:

As used in this policy, "professional services" are those services listed in Section 2. The following criteria will be used to determine approval authority for consultants for professional service contracts:

Contracts of $25,000 or less: Procurement Officer approval.

Contracts of more than $25,000: City Council approval.

This policy specifically prohibits splitting scope of services to circumvent the limits set forth in Section 12.A.1, above.

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The appropriate department head, with the approval of the Procurement Officer, will prepare a scope of work consistent with the proposed budget. A Request for Proposal ("RFP"), Request for Qualifications ("RFQ") or other appropriate procurement document ("Procurement Document) process may be used at the discretion of the Procurement Officer. If utilized, the Procurement Document will outline the City's requirements and project description. The Procurement Document will be made available on an electronic procurement website. Procurement activities, including submittal of questions and answers, addendum issuance, and bid submittals will be conducted through the electronic plan room application. The list of solicited firms may be drawn from firms who, in the opinion of the department head, can perform the work. In addition, upon request, department heads will maintain a list of interested bidders who will be included in future solicitations.

In the event a Procurement Document is issued, the initial review of proposals will be conducted by the involved department head(s).

They may make a recommendation to the Procurement Officer regarding if consultants should be invited to interviews. Formal interviews will be conducted by the Procurement Officer and applicable department heads, who, where applicable, will make a recommendation to the City Council for final selection.

Qualifications should be the primary factor in the selection of a professional services consultant.

Prior to approval of a contract, the department head must conduct appropriate background and reference checks and ensure that adequate bonding or security, if required, is posted.

Consultants must comply with all regulations and laws dealing with conflict of interest disclosure and reporting. Consultants will not be engaged if a conflict of interest exists.

Approval of "additional scope of work" items must comply with the limits of Section 12.A.1, above.

Selection of Consultants for Professional Services for Continuing Services:

Firms providing professional services may be retained on a continuing basis to provide professional services. The department head may recommend to the Procurement Officer that the City contract on a project-by-project or on a retainer basis for additional work/services without going through procurement and selection processes, so long as the cost does not exceed the contract's not-

Page 14 of 16 ends

to-exceed amount. As needed, these arrangements will be reviewed to ensure the City is receiving the best value in their services.

As needed, the Procurement Officer will make a written request to consulapa curetty a toes ubmit to the per department seria to ot name of firms, type of services, cost of contracts, length of contracts, SECTION 13. SURPLUS PERSONAL PROPERTY
The Procurement Officer is responsible for the transfer and disposition of surplus City property. "Surplus property" is used generically to describe any City property that is no longer needed or useable by the applicable department. The Procurement Officer has the authority to declare items) surplus.

A. Methods of Disposition.

The Procurement Officer will determine or approve one of the following methods of disposition that is most appropriate and in the best interests of the City.

Trade-In.

Property declared as surplus may be offered as a trade-in for credit toward the acquisition of new property. All trade-in offers will be submitted for the review and approval of the Procurement Officer. If surplus property is to be applied to a purchase order, the trade-in value must be itemized on the Purchase Order. The amount charged against the expenditure account will be the value of the purchase before application of the trade-in credit.

Return to Manufacturer.

Surplus property may, when possible, may be returned to the manufacturer for buy-back or credit toward the purchase of new property.

Disposal.

Surplus property may be offered for sale by the Procurement Officer.

All surplus property is for sale "as is" and "where is", ", with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability or the property offered for sale.

Appropriate methods of sale are as follows:

Page 15 of 16 ends

i. Public Auction - Surplus property may be sold at public auction. Public Auctions may be conducted by City staff, or the City may contract with a professional auctioneer including professional auction services.
ii. Sealed Bids - Sealed bids may be solicited for the sale of surplus property. Surplus property disposed of in this manner shall be sold to the highest bidder. iii. Selling for Scrap - Surplus property may be sold as scrap if the Procurement Officer deems that the value of the raw material exceeds the value of the property as a whole.

Negotiated Sale - Surplus property may be sold outright if the Procurement Officer determines that only one known buyer is available or interested in acquiring the property.

V. Donation to Non-Profit or Public Agency - Surplus property may be donated to a non-profit organization or public agency if the Procurement Officer determines that:
(i) the resale value of the item is limited, (ii) the cost of other means of disposal would potentially exceed the recovery value, or iiii) the surplus property may be used by a non-profit or public agency in a manner that would provide a general public benefit.
vi. No Value Item - Where the Procurement Officer determines that specific supplies or equipment are surplus and of minimal value to the City due to spoilage, obsolescence or other cause or where the Procurement Officer determines that the cost of disposal of such supplies or equipment would exceed the recovery value, the Procurement Officer will dispose of the same in such a manner as he or she deems appropriate and in the best interest of the City. vii. Transfers Between Entities - The Procurement Officer may transfer surplus property between different entities at fair market value.

B. Proceeds.

Proceeds from the sale or trade-in of surplus property will be returned to the appropriate fund.

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CITY COUNCIL
ITEM NO. 7.4

BIT OF INDUSTR

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manage n
STAFF: Bing Hyun, Assistant City Manager
DATE: October 13, 2022
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with GAA Architects, Inc., for architectural design services for the proposed recreation center building, extending the term through September 30, 2023, and increasing compensation by $15,500.00
Background:

On November 12, 2020, the City Council approved a Professional Services Agreement ("Agreement") with GAA Architects, Inc. ("GAA") to provide architectural design services for a proposed recreation center building.

Discussion:

Based on feedback from the Civic Center Design & Development Advisory Committee, Staff requested GAA's assistance in exploring alternate sites for the proposed building.

The proposed Amendment No. 1 amends the Agreement's Rate Schedule to add $15,000.00 for the cost to provide preliminary review of alternate sites, with possible alternate conceptual plans for each viable site, plus $500.00 for reimbursable expenses.

Additionally, the amendment adds indemnity language specific to independent contractors.

Table 1 - Summary of Consultant Costs
Contract Amount
Professional Services Agreement $63,000.00
Amendment No. 1 (proposed) $15,500.00
Total $78,500.00
Fiscal Impact:

No appropriation needed at this time.
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. 1 to the Professional Services Agreement with GAA Architects, Inc., dated October 13, 2022.

Exhibit:

A. Amendment No. 1 with GAA Architects, Inc., dated October 13, 2022 JN/BH:kt

EXHIBIT A
Amendment No. 1 with GAA Architects, Inc., dated October 13, 2022 [Attached]
AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT WITH
GAA ARCHITECTS, INC.

This Amendment No. 1 to the Professional Services Agreement ("Agreement"), is made and entered into this 13th day of October 2022 ("Effective Date"), by and between collectively referred to as the "Parties".

RECITALS
WHEREAS, on or about November 12, 2020, the City Council approved an Agreement, in a form approved by the City Attorney, and on or about February 25, 2021, the Agreement was entered into and executed between the City and Consultant for architectural design services for a proposed recreation center building; and WHEREAS, the Parties desire to amend the Agreement to extend the term to September 30, 2023, add indemnity language specific to independent contractors, and increase the compensation by $15,000.00; 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
Section 1 is hereby revised in its entirety:

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 September 30, 2023, 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 month, 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.

This amount shall not exceed Seventy-eight Thousand Five Hundred Dollars ($78,500.00) for the total Term of the Agreement unless additional payment is approved 1 as provided in this Agreement.

EXHIBIT B RATE SCHEDULE
The Description of Services table of Exhibit B Rate Schedule is hereby revised in its entirety and replaced with the information set forth below:

Description of Services Cost
Programming - Time and Material Budget Not-to-Exceed $22,500.00 Budget
Conceptual Design - Fixed Fee $44,500.00
Cost Estimating - Fixed Fee $7,500.00
Ground level photorealistic rendering $3,500.00
Reimbursable Expenses - Actual cost with prior written $500.00 approval
Total $78,500.00
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed as of the Effective Date.
'CITY' "CONSULTANT"
ity of Industry GAA Architects
By: By:

Joshua Nelson, City Manager Craig Williamson, Principal Attest:

By: _
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By: _
James M. Casso, City Attorney
2 Attest:

By:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
3

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