Agenda — Industry City Council, February 23, 2023

CITY OF INDUSTRY

CITY COUNCIL

REGULAR MEETING AGENDA
CAT OF HOUSES Mayor Cory C. Moss
Mayor Pro Tem Cathy Marcucci
FEBRUARY 23, 2023 Council Member Michael Greubel
9:00 AM Council Member Mark D. Radecki
Council Member Newell Ruggles
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: 149 105 128# 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 4:00 p.m. on Tuesday, February 21, 2023, 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, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk of the City Council during regular business hours Monday through Thursday, 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 pm. City Hall doors are closed between 12:00 p.m. to 1:00 p.m each day. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 23, 2023
PAGE NO. 1
Call to Order
Flag Salute
Roll Call
Public Comments

CONSENT CALENDAR

5.1 Consideration of the Register of Demands for February 23, 2023 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

Consideration of Resolution No. CC 2023-09 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,

APPROVING A POLICY FOR DONATIONS TO NON-PROFIT

ORGANIZATIONS AND PUBLIC AGENCIES UP TO ONE THOUSAND
DOLLARS ($1,000.00)
RECOMMENDING ACTION: Adopt Resolution No. CC 2023-

09. Consideration of Resolution No. CC 2023-02 - A RESOLUTION OF THE CITY COUNCIL_OF THE CITY OF INDUSTRY,_ CALIFORNIA,

APPROVING THE AGREEMENT AND ELECTION TO PREFUND

EMPLOYER CONTRIBUTIONS TO A DEFINED BENEFIT PENSION

PLAN WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM INTERNAL REVENUE CODE SECTION 115 CALIFORNIA

EMPLOYERS' PENSION PREFUNDING TRUST FUND
RECOMMENDING ACTION: Adopt Resolution No. CC 2023-

02. Consideration of Amendment No. 1 to the Professional Services Agreement with Interior Images, Inc., for interior design services at the Industry Business Council building, located at 15651 Mayor Dave Way, extending the term through June 30, 2025, revising the scope of services, revising the rate schedule, and increasing compensation by $96,000.00 (MP 03-24 #10)
RECOMMENDING ACTION: Approve Amendment No. 1

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 23, 2023
PAGE NO. 2

5.5 Consideration of authorization to advertise for public bids for Contract No.

CITY-1502, Citywide License Plate Camera Reader Installation, for an estimated cost of $1,210,000.00
RECOMMENDING ACTION: Approve the plans
specifications and authorize the advertising and receipt of electronic bids.

5.6 Consideration of Closeout Change Order No. 5 and Notice of Completion for Contract No. CITY-1460 Arenth Avenue Improvements, from Phillips Drive to Nogales Street
RECOMMENDING ACTION: Approve Closeout Change Order
No. 5 and Notice of Completion.

5.7 Consideration of Notice of Completion for the 2021-2022 Cleanout of Stormwater Treatment Devices, Contract No. CITY-1483, (informal) with United Storm Water, Inc.

RECOMMENDING ACTION: Approve the Notice of Completion

5.8 Consideration of Change Order Nos. 8, 9, 10, 11, and Closeout Change Order No. 12 in the amount of $15,480.95, and Notice of Completion for Contract No. CITY-1456, Site Plan for Sheriff's Trailer RECOMMENDING ACTION: Approve Change Order Nos. 8,
9, 10, 11 & Closeout Change Order No. 12 & Notice of Completion

5.9 RECOMMENDING ACTION: Approve the Agreement.

5.10 Consideration of Amendment No. 2 to the Agreement with Tyler Technologies, Inc. for software to host the City's Enterprise Resources Planning (ERP) System, extending the term to December 31, 2027, revising the scope of services, increasing compensation by $285,955.43, revising the written notice period, revising the address for the City and City Attorney, and revising the indemnity provisions
RECOMMENDING ACTION: Approve Amendment No. 2

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 23, 2023
PAGE NO. 3
Second reading and adoption of Ordinance No. 822, an Ordinance of the City Council of the City of Industry, California, amending Section 2.08.070 (Powers and Duties) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the City of Industry Municipal Code, and adopting a Notice of Exemption regarding same
RECOMMENDED ACTION: Adopt Ordinance No. 822

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

Property: Assessor Parcel Numbers: 306-021-01, 306-
021-02, 306-021-13, 306-021-16, 306-021-17,
306-021-18, 306-021-19, 308-031-18, 308-
031-24, 308-031-32, 8714-026-270, 8714-026-
271, 8714-026-272, 8714-026-273, 8714-026-
274, 8714-026-275, 8714-027-270, 8714-027-
272, 8 714-028-270, 8714-028-271, 8714-029-
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Greater Los Angeles Area Council Boy Scouts of America
Under Negotiation: Price and terms of payment

CITY MANAGER REPORTS

8. AB 1234 REPORTS

CITY COUNCIL COMMUNICATIONS

10. Adjournment. The next regular City Council Meeting is Thursday, March 9, 2023, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 23, 2023
PAGE NO. 4

CITY COUNCIL
ITEM NO. 5.1
Back-up Material will be handed out prior to Meeting

CITY COUNCIL
FEBRUARY 23, 2023
ITEM NO. 5.1

HAND-OUT ITEM

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF FEBRUARY 23, 2023
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 1,403,375.88
103 PROP A FUND 817.22
107 MEASURE W FUND 78,860.26
120 CAPITAL IMPROVEMENTS 548,565.09
440 INDUSTRY PUBLIC FACILITY AUTHORITY 5,000.00
TOTAL ALL FUNDS 2,036,618.45
BANK RECAP:

BANK NAME DISBURSEMENTS
PROPIA PROP A - CKING ACCOUNT 817.22
MAN MEASURE W - CKING ACCOUNT 78,860.26
WFBK WELLS FARGO - CKING ACCOUNT 1,956,940.97
TOTAL ALL BANKS 2,036,618.45

APPROVED PER CITY MANAGER
CITY OF INDUSTRY P. 1
PROP A
February 23, 2023
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90466 02/03/2023 SOUTHERN CALIFORNIA EDISON $248.31
Invoice Date Description Amount
2023-00001284 01/23/2023 12/21/22-1/22/23 SVC - 600 S BREA CYN B $248.31 90467 02/23/2023 JANUS PEST MANAGEMENT $65.00
Invoice Date Description Amount
256405 02/03/2023 PEST SVC - METROLINK $65.00
90468 02/23/2023 VALLEY VISTA SERVICES, INC $503.91
Invoice Date Description Amount
5100903 02/01/2023 DISP SVC-METROLINK $503.91
Check Status Count Transaction Amount
Total 3 $817.22
-
CITY OF INDUSTRY P. 2

MEASURE W
February 23, 2023
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300026 02/23/2023 CASC ENGINEERING AND $3,242.50

CONSULTING
Invoice Date Description Amount
47375 09/30/2022 NPDES CONSULTING - COI $3,242.50
300027 02/23/2023 LA COUNTY DEPT OF PUBLIC $9,554.48
WORKS
Invoice Date Description Amount
SA230000221 02/09/2023 FY 21/22 CATCH BASIN CLEANOUT $4,080.23 SA230000207 02/09/2023 FY 21/22 CATCH BASIN CLEANOUT $5,474.25 300028 02/23/2023 UNITED STORM WATER INC $66,063.71
Invoice Date Description Amount
#2CITY-1483 02/01/2023 DEV 2022 CLEANOUT OF STORMWATER TREATMENT $69,540.75 Checks Status Count Transaction Amount
Total 3 $78,860.69
CITY OF INDUSTRY P. 3

WELLS FARGO VOIDED CHECK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79906 02/03/2023 02/08/2023 AT & T ($283.56)
Invoice Date Description Amount
1666616702 01/23/2023 12/19-1/18/23 SVC 600 S BREA CYN-METROLINK $179.00 2023-00001275 01/17/2023 1/17-2/16/23 SVC - TONNER GUARD SHACK $104.56 Check Status Count Transaction Amount
Total 1 ($283.56)
CITY OF INDUSTRY P. 4

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79906 02/03/2023 02/08/2023 AT & T $283.56
Invoice Date Description Amount
1666616702 01/23/2023 12/19-1/18/23 SVC 600 S BREA CYN-METROLINK $179.00 2023-00001275 01/17/2023 1/17-2/16/23 SVC - TONNER GUARD SHACK $104.56 79907 02/03/2023 FRONTIER $692.48
Invoice Date Description Amount
2023-00001279 01/19/2023 1/19-2/18/23 SVC - 23400 E FORK AZUSA 91702 $92.25 2023-00001280 01/10/2023 1/10-2/9/23 SVC - 600 BREA CANYON RD $303.79 2023-00001281 01/16/2023 1/16-2/15/23 SVC - PH AUTO PLAZA $202.99 2023-00001282 01/16/2023 1/16-2/15/23 SVC - BREA CYN PUMP STN $93.45 79908 02/03/2023 ROWLAND WATER DISTRICT $1,932.16
Invoice Date Description Amount
2023-00001266 01/25/2023 12/7-1/8/23 SVC - AZUSA AVE -RC $90.46 2023-00001267 01/25/2023 12/7-1/8/23 SVC - 755 NOGALES AT - RC $273.65 2023-00001268 01/25/2023 12/7-1/8/23 SVC - 909 U NOGALES ST - IRR $311.75 2023-00001269 01/25/2023 12/7-1/8/23 SVC - 1100 S AZUSA AVE $188.04 2023-00001270 01/25/2023 12/7-1/8/23 SVC - 1123 HATCHER ST STE D $75.53 2023-00001271 01/25/2023 12/7-1/8/23 SVC - 1135 HATCHER AVE $45.05 2023-00001272 01/25/2023 12/7-1/8/23 SVC - 1123 HATCHER ST STE C $90.77 2023-00001273 01/25/2023 12/7-1/8/23 SVC - 1015 NOGALES ST - PUMP HOUSE $327.99 2023-00001274 01/25/2023 12/7-1/8/23 SVC - 1023 NOGALES ST - IRR $528.92 79909 02/03/2023 SAN GABRIEL VALLEY WATER CO. $4,568.19 CITY OF INDUSTRY P. 5

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
2023-00001255 01/23/2023 12/21-1/20 SVC - CROSSROADS PKY S $507.35 2023-00001256 01/23/2023 12/21-120 SVC - STA 103-80 CROSSROADS PKY S $154.53 2023-00001257 01/23/2023 12/21-120 SVC - CROSSROADS PKY S $862.38 2023-00001258 01/23/2023 12/21-120 SVC - CROSSROADS PKY N $338.72 2023-00001259 01/23/2023 12/21-120 SVC - STA 129-00 CROSSROADS PKY N $269.91 2023-00001260 01/23/2023 12/21-120 SVC - STA 111-50 CROSSROADS PKY N $216.66 2023-00001261 01/23/2023 12/21-120 SVC - PELLISSIER $267.71 2023-00001262 01/23/2023 12/21-120 SVC - PELLISSIER $420.79 2023-00001263 01/23/2023 12/21-120 SVC - PECK/UNION PACIFIC B $218.90 2023-00001264 01/23/2023 12/21-120 SVC - S/E COR OF PELLISSIER $533.98 2023-00001265 01/23/2023 12/21-120 SVC - PELLISSIER $545.05 2023-00001276 01/24/2023 1/21-1/20/23 SVC - IRRG SALT LAKE/SEVENTH $232.21 79910 02/03/2023 SOCALGAS $462.46
Invoice Date Description Amount
2023-00001277 01/25/2023 12/21-1/23/23 SVC - 15415 DON JULIAN RD $446.68 2023-00001278 01/24/2023 12/20-1/21/23 SVC - 13756 VALLEY BLVD $15.78 79911 02/03/2023 SOUTHERN CALIFORNIA EDISON $37,746.97
Invoice Date Description Amount
2023-00001286 01/27/2023 12/28-1/26/23 SVC - 205 HUDSON AVE $454.70 2023-00001287 01/20/2023 12/16-1/16/23 SVC - VARIOUS SITES $4,757.11 2023-00001288 01/24/2023 12/20-1/19/23 SVC - 1015 NOGALES ST $1,535.87 2023-00001289 01/27/2023 12/28-1/26/23 SVC - 15660 STAFFORD ST $2,141.79 2023-00001290 01/23/2023 12/5-1/11/23 SVC - VARIOUS VALLEY BLVD SITES $965.43 CITY OF INDUSTRY P. 6

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2023-00001291 01/25/2023 12/23-1/24/23 SVC - VARIOUS SITES $1,229.36 2023-00001292 01/20/2023 12/16-1/16/23 SVC - VARIOUS SITES $1,992.18 2023-00001293 01/17/2023 12/16-1/16/23 SVC - 17635 GALE AVE $2,406.96 2023-00001294 01/17/2023 12/16-1/16/23 SVC -1023 U FAIRWAY DR $144.10 2023-00001295 01/17/2023 12/16-1/16/23 SVC -PECK RD SIO PELLISSIER $62.00 2023-00001296 01/13/2023 5/17-12/15/22 SVC - 17635 GALE AVE $12,781.19 2023-00001297 01/23/2023 12/21-1/22/23 SVG -575 BREA CYN RD $5.27 2023-00001298 01/23/2023 12/21-1/22/23 SVG-21380 VALLEY PED $0.42 2023-00001299 01/23/2023 12/21-1/22/23 SVC -1007 LAWSON ST TC1 $76.93 2023-00001300 01/23/2023 12/21-1/22/23 SVC - 1004 U FAIRWAY DR $600.59 2023-00001301 01/20/2023 12/16-1/16/23 SVC - 19001 TONNER CYN RD $106.15 2023-00001302 01/23/2023 12/21-1/22/23 SVC - 580 BREA CYN RD $4.33 2023-00001303 01/17/2023 12/16-1/16/23 SVC - VARIOUS SITES $82.04 2023-00001304 01/17/2023 12/16-1/16/23 SVC -15718 RAUSCH RD $149.89 2023-00001305 01/17/2023 12/16-1/16/23 SVC - 1341 FULLERTON RD $145.03 2023-00001308 01/17/2023 12/16-1/16/23 SVC - VARIOUS SITES $6,822.68 2023-00001309 01/18/2023 12/17-1/17/23 SVC- 900 NOGALES PUMP STATION $1,282.95 79912 02/03/2023 SOUTHERN CALIFORNIA EDISON $175.97
Invoice Date Description Amount
2023-00001285 01/20/2023 12/16-1/16/23 SVC - 19001 TONNER CYN RD $175.97 79913 02/03/2023 SUBURBAN WATER SYSTEMS $179.50
Invoice Date Description Amount
180012853476 01/24/2023 12/22-1/23/23 SVC - AZUSA & GEMINI $129.64 180090683249 01/23/2023 12/21-1/20/23 SVG - 205 HUDSON AVE $49.86 CITY OF INDUSTRY P. 7

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79914 02/06/2023 GRANITE TELECOMMUNICATIONS, $1,568.39
LLC
Invoice Date Description Amount
588322204 01/31/2023 PHONE SVC FOR FIRE ALARMS-HOMESTEAD $1,568.39 79915 02/06/2023 CASSO & SPARKS, LLP $144,283.98
Invoice Date Description Amount
20762 02/01/2023 COI-LEGAL FEES FOR DEC 2022 $132,460.48 20762-A 02/01/2023 LEGAL FEES-3951 CAPITOL AVE $11,823.50 79916 02/08/2023 AT & T $104.56
Invoice Date Description Amount
2023-00001275 01/17/2023 1/17-2/16/23 SVC - TONNER GUARD SHACK $104.56 79917 02/08/2023 AT & T $179.00
Invoice Date Description Amount
1666616702 01/23/2023 12/19-1/18/23 SVC 600 S BREA CYN-,METROLINK $179.00 79918 02/08/2023 INDUSTRY PUBLIC UTILITIES $296.29
Invoice Date Description Amount
2023-00001318 02/01/2023 11/16-1/18/23 SVC - VALLEY & 7TH (IRRI) $296.29 79919 02/08/2023 ROWLAND WATER DISTRICT $1,477.38
Invoice Date Description Amount
2023-00001319 01/25/2023 12/7-1/08/23 SVC - AZUSA AVE $110.65 CITY OF INDUSTRY P. 8

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2023-00001320 01/25/2023 12/07-01/08/23 SVC - AZUSA AVE - CENTER $64.10 2023-00001321 01/25/2023 12/07-01/08/23 SVC - 930 S AZUSA AVE $330.26 2023-00001322 01/25/2023 12/07-01/08/23 SVG - 17401 E VALLEY BLVD $331.80 2023-00001323 01/25/2023 12/07-01/08/23 SVC - 18044 ROWLAND ST $246.98 2023-00001324 01/25/2023 12/07-01/08/23 SVC - HURLEY ST & VALLEY BLVD $393.59 79920 02/08/2023 SOCALGAS $86.66
Invoice Date Description Amount
2023-00001325 02/01/2023 12/30-1/30/23 SVC - 1015 NOGALES ST STE 101 $15.98 2023-00001326 02/01/2023 12/30-1/30/23 SVC - 710 NOGALES ST $70.68 79921 02/08/2023 SOUTHERN CALIFORNIA EDISON $14,674.99
Invoice Date Description Amount
2023-00001327 02/02/2023 1/4/23 - 2/1/23 SVC - 15625 MAYOR DAVE WAY $6,349.82 2023-00001328 02/01/2023 1/01-1/31/23 SVC - 133 N AZUSA AVE $126.98 2023-00001329 02/01/2023 1/01-1/31/23 SVC - 1 VALLEY/AZUSA OL1 $27.73 2023-00001330 02/01/2023 1/01-1/31/23 SVC - NOGALES ST/SAN JOSE AVE $186.14 2023-00001331 02/01/2023 1/01-1/31/23 SVC - VARIOUS $214.65 2023-00001332 02/01/2023 1/01-1/31/23 SVC - VARIOUS $7,264.10 2023-00001333 02/01/2023 1/01-1/31/23 SVC - 600 BREA CYN RD $363.10 2023-00001334 01/30/2023 12/23-1/24/23 SVC - VARIOUS SITES $142.47 79922 02/08/2023 SOUTHERN CALIFORNIA EDISON $255.52
Invoice Date Description Amount
2023-00001335 01/30/2023 12/28-1/26/23 SVC - 15530 STAFFORD ST $255.52 CITY OF INDUSTRY P. 9

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79923 02/08/2023 VERIZON WIRELESS - LA $1,692.35
Invoice Date Description Amount
9926284435 01/26/2023 1/27-2/26/23 SVC - VARIOUS WIRELESS SVC $1,692.35 79924 02/15/2023 AT & T $9.27
Invoice Date Description Amount
2023-00001357 02/01/2023 2/01-2/28/23 SVC - CITY WHITE PAGES $9.27 79925 02/15/2023 AT & T $326.37
Invoice Date Description Amount
3146367554 02/01/2023 2/01-2/28/23 SVC - 600 S BREA CYN - METROLINK $326.37 79926 02/15/2023 BENE MADRE LLC $3,210.71
Invoice Date Description Amount
113-6955553-6698 02/14/2023 REIMBURSEMENT #8 FOR LCAIM #602727 $3,210.71 79927 02/15/2023 FRONTIER $1,083.27
Invoice Date Description Amount
2023-00001358 02/01/2023 2/01-2/28/23 SVC - VARIOUS SITES $1,083.27 79928 02/15/2023 INDUSTRY PUBLIC UTILITY $14,253.92

COMMISSION - PAYMENT CTR
Invoice Date Description Amount
2023-00001359 02/08/2023 1/01-2/01/23 SVC 600 S BREA CYN RD - CHARGING $5,676.81 2023-00001360 02/08/2023 1/01-2/01/23 SVC 600 BREA CYN RD $8,577.11 CITY OF INDUSTRY P. 10

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79929 02/15/2023 SAN GABRIEL VALLEY WATER CO. $731.93
Invoice Date Description Amount
2023-00001361 02/07/2023 1/07-2/06/23 SVC - 132 IRRIG PUENTE $218.90 2023-00001362 02/07/2023 117-2/06/23 SVC - 123 IRRIG WORKMAN MILL $294.13 2023-00001363 02/07/2023 1/7-2/06/23 SVC - 13756 VALLEY $218.90 79930 02/15/2023 SOCALGAS $10,253.81
Invoice Date Description Amount
2023-00001364 02/07/2023 01/06-2/03/23 SVC - 15718 RAUSCH RD REAR (BACK) $80.48 2023-00001365 02/07/2023 01/06-2/03/23 SVC - 15651 MAYOR DAVE WAY $1,876.67 2023-00001366 02/07/2023 01/06-2/03/23 SVC - 15633 RAUSCH RD $156.04 2023-00001367 02/07/2023 01/06-2/03/23 SVC - 15625 MAYOR DAVE WAY APT A $4,219.46 2023-00001368 02/07/2023 01/06-2/03/23 SVC - 15625 MAYOR DAVE WAY APT B $3,921.16 79931 02/15/2023 SOUTHERN CALIFORNIA EDISON $23,565.73
Invoice Date Description Amount
2023-00001369 02/01/2023 01/01-1/31/23 SVC - VARIOUS SITES $10,395.78 2023-00001370 02/01/2023 01/01-01/31/23 SVC - VARIOUS SITES $9,367.67 2023-00001371 02/06/2023 01/06-2/05/23 SVC - 1123 HATCHER AVE STE A $515.72 2023-00001372 02/06/2023 01/06-2/05/23 SVC - 1135 HATCHER AVE $379.06 2023-00001373 02/03/2023 12/16-01/16/23 SVC - VARIOUS SITES $2,722.72 2023-00001375 02/06/2023 01/01-1/31/23 SVC - 600 BREA CYN RD & UNIT A $127.93 2023-00001376 02/06/2023 12/07-2/05/23 SVC - VARIOUS SITES $56.85 CITY OF INDUSTRY P. 11

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79932 02/15/2023 SUBURBAN WATER SYSTEMS $131.04
Invoice Date Description Amount
180090688536 02/02/2023 12/3001/31/23 SVC - NE CNR VALLEY/STIMS $131.04 79933 02/15/2023 T-MOBILE $117.00
Invoice Date Description Amount
2023-00001374 02/08/2023 01/01-01/31/23 SVC - YAL GYM & TONNER CYN HOT $117.00 SPOT
79934 02/23/2023 ACORN TECHNOLOGY SERVICES $18,282.50
Invoice Date Description Amount
96511 02/01/2023 NETWORK MAINT-FEB 2023 $18,282.50
79935 02/23/2023 AMERICAN PUBLIC WORKS $286.25

ASSOCIATION
Invoice Date Description Amount
905396 01/02/2023 MEMBERSHIP FY 23/24 - MATHEW HUDSON $286.25 79936 02/23/2023 ANIMAL PEST MANAGEMENT $2,500.00

SERVICE
Invoice Date Description Amount
672592 10/25/2022 VERTEBRATE PEST CONTROL - CITY HALL $2,500.00 79937 02/23/2023 ARAMARK REFRESHMENT $392.60

SERVICES, LLC
Invoice Date Description Amount
4165123 02/06/2023 WATER FILTERS $374.03
104801709 02/07/2023 COFFEE SERVICE & SUPPLIES $18.57
CITY OF INDUSTRY P. 12

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79938 02/23/2023 AVANT-GARDE, ING $680.00
Invoice Date Description Amount
8238 01/16/2023 STIMSON AVE IMPROVEMENT $680.00
79939 02/23/2023 BENE MADRE LLC $8,315.00
Invoice Date Description Amount
2/13/23 02/13/2023 REIMBURSEMENT #10 FOR CLAIM #602727 $8,315.00 79940 02/23/2023 BENJAMIN A ROMERO II $1,200.00
Invoice Date Description Amount
15625086 11/17/2022 REPLACE 10 LIGHTS - IBC $1,200.00
79941 02/23/2023 BLAKE AIR CONDITIONING COMPANY $8,456.07 Invoice Date Description Amount
63431 02/10/2023 REPAIR CHILLER #3 - EL ENCANTO $615.66 63405 02/03/2023 COOLING TOWER MAINT - CITY HALL $348.30 63356 02/03/2023 B-2 BOILER MAINT - CITY HALL $984.11
15008-001 01/19/2023 REPLACE A/C - IBC $3,254.00
15007-001 01/19/2023 REPLACE AVC - METROLINK $3,254.00
79942 02/23/2023 CASSO & SPARKS, LLP $179,407.26
Invoice Date Description Amount
20767 02/14/2023 SA LEGAL SVC FOR JULY-DEC 2022 $2,494.80 20763-A 01/31/2023 LEGAL SVC - 3951 CAPITAL AVE $2,407.50 CITY OF INDUSTRY P. 13

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
20763 01/31/2023 COI-LEGAL FEES FOR JANUARY 2023 $174,504.96 79943 02/23/2023 CDW GOVERNMENT LLC $10,752.23
Invoice Date Description Amount
GL14680 01/27/2023 ADOBE ACROBAT LICENSES $1,500.62
GN23323 02/01/2023 VMWARE SPHERE ENTERPRISE LICENSE FOR CITY $9,251.61 79944 02/23/2023 CINTAS CORPORATION LOC 693 $647.44
Invoice Date Description Amount
4144954175 01/30/2023 DOOR MATS $77.19
4145655119 02/06/2023 DOOR MATS $77.19
9210346693 02/01/2023 CABINET W/ ALARM $118.26
4145641723 02/06/2023 DOOR MATS $297.61
4146355357 02/13/2023 DOOR MATS $77.19
79945 02/23/2023 CITY OF INDUSTRY-PAYROLL ACCT $150,000.00 Invoice Date Description Amount
PR P/E 2/3/23 02/08/2023 REPLENISH PAYROLL P/E 2/3/23 $150,000.00 79946 02/23/2023 CIVILTEC ENGINEERING, INC $4,557.00
Invoice Date Description Amount
47602 01/13/2023 FOUR GRADE SEPARATION PUMP STATIONS $4,557.00 79947 02/23/2023 CLIFTONLARSONALLEN LLP $25,000.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 14

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
3558231 01/31/2023 SA-AUDIT FINANCIALS FY 21/22 $5,000.00 3558230 01/31/2023 COI-AUDIT SVC FY 21/22 $15,000.00
3558233 01/31/2023 PFA-AUDIT FINANCIALS FY 21/22 $5,000.00 79948 02/23/2023 CNC ENGINEERING $300,537.50
Invoice Date Description Amount
507117 02/09/2023 GENERAL ENG 1/23-2/05/23 $1,320.00
507118 02/09/2023 GENERAL ENG SVC - COUNTER SERVICE $4,175.00 507119 02/09/2023 GENERAL ENG SVC - TRAFFIC $2,365.00
507120 02/09/2023 GENERAL ENG SVC - PERMITS $22,322.50
507121 02/09/2023 GENERAL ENG SVC - PLAN APPROVAL $13,825.00 507123 02/09/2023 GENERAL ENG SVC - 1/23-2/5/23 $49,115.00 507124 02/09/2023 TONNER CYN PROPERTY $1,810.00
507125 02/09/2023 STREET LIGHT OPERATIONS & MAINT $3,700.00 507128 02/09/2023 15660 MAYOR DAVE WAY (YAL BUILDING) $902.50 507130 02/09/2023 CITY HALL MAINT - ELEVATOR UPGRADES $190.00 507140 02/09/2023 IH FUEL TANKS $952.50
507143 02/09/2023 HIGHWAY BRIDGE PROGRAM FUNDING $800.00 507144 02/09/2023 205 HUDSON AVENUE (SHERIFF'S YAL OFFICES) $192.50 507145 02/09/2023 FISCAL YEAR BUDGET $685.00
507148 02/09/2023 FOLLOWS CAMP PROPERTY $720.00
507149 02/09/2023 VARIOUS ASSIGNMENTS RELATED TO SA $2,327.50 507151 02/09/2023 MAINT OF 1123 HATCHER AVE $2,557.50
507152 02/09/2023 15559-15650 RAUSCH ROAD (POST OFFICE) $50.00 507153 02/09/2023 CARTEGRAPH MGMT $26,167.50
CITY OF INDUSTRY P. 15

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
507172 02/09/2023 NELSON AVE & WILLOW AVE SAFETY $2,185.00

IMPROVEMENTS - SGVCOG
507173 02/09/2023 PAVEMENT MGMT SYSTEM $645.00
505951 08/11/2022 GENERAL ENG SVC - PLAN APPROVAL $2,130.00 507131 02/09/2023 CITY HALL MAINT $2,727.50
507132 02/09/2023 IBC & CITY COUNCIL CHAMBERS $662.50
507135 02/09/2023 HOMESTEAD MUSEUM IMPROVEMENTS $1,420.00 507110 02/09/2023 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $825.00 507111 02/09/2023 CITYWIDE SIGNAGE UPDATE $7,385.00
507112 02/09/2023 SITE PLAN FOR COUNTY SHERIFF TRAILER $3,532.50 507113 02/09/2023 EL ENCANTO IMPROVEMENTS $450.00
507114 02/09/2023 KELLA AVE STORM DRAIN $5,410.00
507115 02/09/2023 FULLERTON RD PCC $87.50
507116 02/09/2023 PRELIMARY DESIGN OF EW BICYCLE PATH $19,520.00 507122 02/09/2023 ARENTH AVE IMPROVEMENT $1,850.00
507126 02/09/2023 SALT LAKE AVE IMPROVEMENTS $8,535.00
507127 02/09/2023 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $1,145.00 507129 02/09/2023 BUILDING IMPROVEMENTS AT 220 HACIENDA BLVD $582.50 507133 02/09/2023 ELECTRIC VEHICLE CHARGING STATION S-CITY HALL $2,405.00 507134 02/09/2023 UPGRADES TO ELECTRONIC FREEWAY DISPLAY $928.75 507136 02/09/2023 STIMSON AVE CROSSING $2,660.00
507137 02/09/2023 FIRE DAMAGE OF EV AND SOLAR ENERGY $4,880.00 507138 02/09/2023 EL ENCANTO IMPROVEMENTS AND MAINT $4,060.00 507139 02/09/2023 MUSEUM-HEALTHCARE CAMPUS UPGRADES $470.00 507141 02/09/2023 605 FWY AND VALLEY INTERCHANGE $2,002.50 507142 02/09/2023 SIXTH AVE RECONSTRUCTION $137.50
CITY OF INDUSTRY P. 16

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
507146 02/09/2023 ROWLAND RECONSTRUCTION $11,052.50
507147 02/09/2023 BICBY DR PCC PAVEMENT $925.00
507150 02/09/2023 NELSON AVE INTERSECTION $1,682.50
507154 02/09/2023 HOMESTEAD MUSEUM UPGRADES $6,727.50
507155 02/09/2023 GRAND AVE RECONTRUCTION $430.00
507156 02/09/2023 CITYWIDE STREET LIGHT LED UPGRADES $1,038.75 507157 02/09/2023 ADA COMPLIANCE PUBLIC RIGHT OF WAY $5,280.00 507158 02/09/2023 ADA COMPLIANCE FOR FACILITIES $5,202.50 507159 02/09/2023 15710-15718 RAUSCH RD BLDG IMPROVEMENTS $9,486.25 507160 02/09/2023 GALE RESURFACING $3,725.00
507161 02/09/2023 ANNUAL PAVEMENT REHABILITATION FY 22 $5,647.50 507162 02/09/2023 CITYWIDE SIGNING & STRIPPING IMPROVEMENTS $5,505.00 507163 02/09/2023 2021/2022 STREET LIGHT BANNER INSTALATION $1,063.75 507164 02/09/2023 2022/2023 ANNUAL PAVEMENT REHABILITATION $532.50 507165 02/09/2023 2022/2023 ANNUAL SLURRY SEAL $6,090.00 507166 02/09/2023 RED CURB REFURBISMENT VARIOUS LOCATIONS $1,827.50 507167 02/09/2023 INTELLIGENT TRANSPORTATION SYSTEM $705.00 507168 02/09/2023 CITYWIDE LICENSE PLATE CAMERA READER $3,702.50 507169 02/09/2023 PHYLLIS TUCKER MEMORIAL $507.50
507170 02/09/2023 RAILROAD STREET PAVEMENT REHABILATION $4,462.50 507171 02/09/2023 9TH AVE PAVEMENT REHABILITATION $9,365.00 507174 02/09/2023 PAVEMENT MGMT PLAN 2022 $2,830.00
507175 02/09/2023 TURNBULL CYN RD GRADE SEPARATION $1,935.00 79949 02/23/2023 CODE 3 CREATIONS $21.90
Invoice Date Description Amount
CITY OF INDUSTRY P. 17

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2087 01/31/2023 ENGRAVED PLATE - BOB ARCHULETA $21.90
79950 02/23/2023 CORELOGIC INFORMATION $192.50

SOLUTION
Invoice Date Description Amount
82164009 01/31/2023 GEOGRAPHIC PKG - JANUARY 2023 $192.50 79951 02/23/2023 COUNTY OF LA - DEPT OF $14,543.64

AGRICULTURAL COMM
Invoice Date Description Amount
231064 01/09/2023 WEED ABATEMENT SVC - WEST OF 57 FWY $14,543.64 79952 02/23/2023 DELL MARKETING LP $6,257.87
Invoice Date Description Amount
10573395242 04/01/2022 2 YEAR POWEREDGE SERVER WARRANTY- $968.63

HOMESTEAD COMPUTER SERVER
10558697696 02/08/2022 GATEWAY SECURITY SUITE FOR SONICWALL TZ300 - $427.40 1 YEAR @HOMESTEAD
10560005475 02/12/2022 OPTOPLEX 3080 SMALL FORM FACTOR - COUNCIL $730.44

CHAMBERS COMPUTER
10612325925 08/27/2022 SECUREWORKS 100 LICENSES $3,704.00 10558697709 02/08/2022 GATEWAY SECURITY SUITE FOR SONICWALL TZ300 - $427.40 1 YEAR @YAL
79953 02/23/2023 DIRECTV - FOR BUSINESS $91.00
Invoice Date Description Amount
034740128X230131 01/31/2023 RSN/TV ACCESS FEES $91.00
79954 02/23/2023 ENTERPRISE MAPS LLC $9,720.00
CITY OF INDUSTRY P. 18

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
149 02/09/2023 AMAZON WEB SERVICES $9,720.00
79955 02/23/2023 FIRST AMERICAN DATA TREE, LLC $200.00
Invoice Date Description Amount
20088320123 01/31/2023 PROPERTY DATA INFORMATION $200.00 79956 02/23/2023 FRAZER, LLP $57,404.70
Invoice Date Description Amount
181708 01/31/2023 COI - PROF SVC FOR JANUARY 2023 $54,134.70 181722 01/31/2023 SA - PROF SVC FOR JANUARY 2023 $3,270.00 79957 02/23/2023 FUEL PROS, INC. $777.45
Invoice Date Description Amount
66643 01/24/2023 IND HILLS FUEL STN MAINT $627.45
66464 01/24/2023 IND HILLS FUEL STN MAINT $150.00
79958 02/23/2023 GARCIA'S FENCE CORP $6,574.00
Invoice Date Description Amount
122207 12/08/2022 FENCE REPAIR - METROLINK $1,650.00
12325 01/27/2023 FENCE REPAIR - 242 N HACIENDA $4,924.00 79959 02/23/2023 GEO-ADVANTEC, INC. $1,386.00
Invoice Date Description Amount
3272 01/31/2023 GEO SVC - HOMESTEAD MUSEUM $1,386.00
CITY OF INDUSTRY P. 19

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79960 02/23/2023 GMS ELEVATOR SERVICES, INC $145.00
Invoice Date Description Amount
113601 02/01/2023 ELEVATOR MAINT - CITY HALL $145.00
79961 02/23/2023 HACIENDA-LA PUENTE UNIFIED $300.00

SCHOOL DISTRICT
Invoice Date Description Amount
2/6/23 02/06/2023 SPONSORSHIP FOR COLLEGE SCHOLARSHIPS $300.00 79962 02/23/2023 HENRY AGUILAR $185.00
Invoice Date Description Amount
02/09/2023 ADMIN HEARING OFFICER-CITATION APPEALS $185.00 79963 02/23/2023 IDS GROUP, INC. $1,690.50
Invoice Date Description Amount
21X079.00-8 01/30/2023 ENG DESIGN - METROLINK $1,690.50 79964 02/23/2023 INDUSTRY BUSINESS COUNCIL $81,727.66
Invoice Date Description Amount
NOV-22 02/01/2023 EXPENSE REIMBURSEMENT - NOV 22 $81,727.66 79965 02/23/2023 INDUSTRY SECURITY SERVICES $95,158.91
Invoice Date Description Amount
14-27243-A 12/30/2022 SECURITY SVC - EL ENCANTO $400.00 14-27337 01/27/2023 SECURITY SVC - VARIOUS CITY SITES $21,349.51 14-27334 01/27/2023 SECURITY SVC - 1/20-1/26/23 $10,318.00 CITY OF INDUSTRY P. 20

WELLS FARGO BANK
February 23, 2023
Check Date - Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
14-27359 02/03/2023 SECURITY SVC 1/27-2/2/23 $10,318.00 14-27383 02/10/2023 SECURITY SVC-VARIOUS CITY SITES $21,349.50 14-27362 02/03/2023 SECURITY SVC-VARIOUS CITY SITES $21,349.50 14-27380 02/10/2023 SECURITY SVC 2/3-2/9/23 $10,074.40
79966 02/23/2023 JANUS PEST MANAGEMENT $2,447.00
Invoice Date Description Amount
256836 02/03/2023 PEST SVC - HOMESTEAD $600.00
256744 02/03/2023 PEST SVG - CITY HALL $390.00
256648 02/03/2023 PEST SVC - 205 N HUDSON (SHERIFF'S STATION) $85.00 256368 02/03/2023 PEST SVC - IBC $145.00
256443 02/03/2023 RODENT SVC - HELIPAD $300.00
256358 02/03/2023 PEST SVC - TONNER CYN $441.00
256441 02/03/2023 RODENT SVC-HELIPAD PARKING LOT $486.00 79967 02/23/2023 JEFF PARRIOTT PHOTOGRAPHIC $6,043.33

SERVICES
Invoice Date Description Amount
CO10123 01/31/2023 PROF SVC - HOMESTEAD MUSEUM $6,043.33 79968 02/23/2023 JMDiaz, Inc. $2,000.00
Invoice Date Description Amount
065 (22-210) 11/09/2022 STAFF AUGMENTATION - OCT 2022 $2,000.00 79969 02/23/2023 KLEINFELDER, INC. $13,691.25
Invoice Date Description Amount
CITY OF INDUSTRY P. 21

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
1411938 01/16/2023 ROWLAND STREET RECONSTRUCTION $13,691.25

CONSTRUCTION
79970 02/23/2023 KLINE'S PLUMBING, INC. $2,872.50
Invoice Date Description Amount
12609 10/27/2022 ADD'L POND FILTER - HOMESTEAD $2,587.50 12666 02/07/2023 PLUMBING REPAIRS - HOMESTEAD MUSEUM $285.00 79971 02/23/2023 KONICA MINOLTA $303.50
Invoice Date Description Amount
9009094499 01/15/2023 COPY MACHINE MAINT - HOMESTEAD $303.50 79972 02/23/2023 LA COUNTY DEPT OF PUBLIC $81,665.35
WORKS
Invoice Date Description Amount
IN230000470 01/30/2023 BLDG & SAFETY - ONE STOP SHOP FOR NOV 2022 $81,665.35 79973 02/23/2023 L A COUNTY REGISTRAR- $150.00

RECORDER/COUNTY CLERK
Invoice Date Description Amount
2/1/23 02/01/2023 FILING FEE-NOTICE OF EXEMPTION MP 03-24#9 $150.00 79974 02/23/2023 LA COUNTY SHERIFF'S $2,586.44

DEPARTMENT
Invoice Date Description Amount
231868EC 01/26/2023 SPECIAL EVENT - DIRECTED PATROL $2,586.44 79975 02/23/2023 LEAGUE OF CALIFORNIA CITIES $86.00
CITY OF INDUSTRY P. 22

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
643359 01/01/2023 MEMBERSHIP DUES FOR 2023 $86.00
79976 02/23/2023 LOCKS PLUS, INC. $1,457.53
Invoice Date Description Amount
35575 02/01/2023 REPAIR DEADBOLT - 15660 MAYOR DAVE WAY $365.33 35587 02/08/2023 REPLACE LOCK - CITY HALL GYM $1,092.20 79977 02/23/2023 LOS ANGELES COUNTY PUBLIC $52,905.01

WORKS-FISCAL DIV
Invoice Date Description Amount
REPW-23011703247 01/17/2023 FLOOD CONTROL PLAN REVIEW $149.87 PW-23011703556 01/17/2023 TRAFFIC SIGNAL MAINT $1,034.46 PW-23011703309 01/17/2023 PUMP HOUSE MAINT $10,401.20
PW-23011703284 01/17/2023 TRAFFIC SIGNING $227.55
PW-23011703283 01/17/2023 EMERGENCY ROAD SVC $313.70
PW-23011703282 01/17/2023 EMERGENCY ROAD CLOSURE $2,296.39 PW-23011703281 01/17/2023 STREET MAINT/INSPECTION $440.81 PW-23011703280 01/17/2023 PAVEMENT PATCHING $1,756.18
PW-23011703279 01/17/2023 INSPECTION OF SIDEWALK $7,100.53 PW-23011703278 01/17/2023 STORM DRAIN MAINT $11,474.39
PW-23011703277 01/17/2023 STORM DAMAGE RESPONSE $8,700.47 PW-23011703555 01/17/2023 TRAFFIC SIGNAL MAINT $8,655.59 PW-23011703253 01/17/2023 KITS MONITORING OF TRAFFIC SIGNALS $353.87 79978 02/23/2023 LOS ANGELES COUNTY PUBLIC $18,420.00

WORKS-FISCAL DIV
CITY OF INDUSTRY P. 23

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
PW-23011703554 01/17/2023 TRAFFIC SIGNAL MAINT $18,420.00 79979 02/23/2023 LOS ANGELES ENGINEERING, INC. $212,750.00 Invoice Date Description Amount
#33GGS-0387-1 02/01/2023 GRAND AVE/GOLDEN SPRINGS INTERSECTION $500.00

IMPROVEMENTS
#33GGS-0387-2 02/01/2023 GRAND AVE/GOLDEN SPRINGS INTERSECTION $122,250.00

IMPROVEMENTS
#33GGS-0387-3 02/01/2023 GRAND AVE/GOLDEN SPRINGS INTERSECTION $90,000.00

IMPROVEMENTS
#33GGS-0387-1-R 02/01/2023 RETENTION-GRAND AVE/GOLDEN SPRINGS DR $25.00 #33GGS-0387-2-R 02/01/2023 RETENTION-GRAND AVE/GOLDEN SPRINGS DR $6,112.50 #33GGS-0387-3-R 02/01/2023 RETENTION-GRAND AVE/GOLDEN SPRINGS DR $4,500.00 79980 02/23/2023 MIDAMERICA ADMINISTRATIVE & $1,536.00

RETIREMENT SOLUTIONS
Invoice Date Description Amount
10/1/22-12/31/22 01/26/2023 ADMIN FEES FOR OCT-DEC 2022 $1,536.00 79981 02/23/2023 MORTISE & TENON BUILDING CORP $31,662.25 Invoice Date Description Amount
15625079 01/24/2023 MAINT REPAIRS-CITY HALL $7,000.00
15625088 01/25/2023 PLATFORM, WALKWAY & TELEMETRY ROOM $5,000.00

REPAIRS-METROLINK
15625096 01/19/2023 URGENT ROOF REPAIR - EL ENCANTO $10,608.98 15625074.1 01/23/2023 50% FOR MATERIALS AND LABOR - HOMESTEAD $5,000.00 15625084 01/16/2023 REPLACE LED FIXTURES - POST OFFICE $2,500.00 CITY OF INDUSTRY P. 24

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
15625094 01/16/2023 SPRAY WEED KILLER - BUS STOPS $1,553.27 79982 02/23/2023 MUNI-ENVIRONMENTAL, LLC $29,471.25
Invoice Date Description Amount
23-004 02/08/2023 COMMERCIAL WASTE PROGRAM $29,471.25
79983 02/23/2023 MX GRAPHICS, INC. $21.90
Invoice Date Description Amount
27614 01/17/2023 BLUEPRINT SVC - JN 6201 $21.90
79984 02/23/2023 NATALIE MEYER $400.00
Invoice Date Description Amount
1/31/23 01/31/2023 FASHION PROGAM ON 3/19/23-HOMESTEAD $400.00 79985 02/23/2023 NCM ENGINEERING CORP $86,178.40
Invoice Date Description Amount
COIN2101-06 02/06/2023 DESIGN OF TEMPLE AVE WIDENING $86,178.40 79986 02/23/2023 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
450 01/27/2023 JANITORIAL SVC - CITY HALL $5,500.00
451 01/27/2023 JANITORIAL SVC- IBC $1,467.00
452 01/27/2023 JANITORIAL SVC - YAL $1,815.00
79987 02/23/2023 PLACEWORKS $5,257.05
CITY OF INDUSTRY P. 25

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
80933 01/31/2023 ENVIRONMENTAL SVC-ZONE AMENDMENT FOR $438.60

MULTIPLE PROPERTIES
80973 01/31/2023 HOUSING ELEMENT SVC $480.00
80934 01/31/2023 IS/MND FOR 17871 CASTLETON $548.25
80932 01/31/2023 CEQA FOR 15010 DON JULIAN RD $3,070.20 80963 01/31/2023 HOUSING ELEMENT SVC $720.00
79988 02/23/2023 QUADIENT FINANCE USA, INC. $500.00
Invoice Date Description Amount
2/3/23 02/03/2023 POSTAGE REFILL - FINANCE DEPT $500.00 79989 02/23/2023 ROWLAND WATER DISTRICT $130.80
Invoice Date Description Amount
1-12312022-C 12/31/2022 NOGALES DEWATERING BOOSTER STATION $130.80 79990 02/23/2023 SCS FIELD SERVICES $14,742.80
Invoice Date Description Amount
0458684 01/31/2023 INDUSTRY HILLS - LANDFILL GAS SYSTEMS $14,742.80 79991 02/23/2023 SEQUEL CONTRACTORS, ING $65,212.27
Invoice Date Description Amount
#2CITY-1485 02/01/2023 ROWLAND STREET RECONSTRUCTION $68,644.50 79992 02/23/2023 SO CAL INDUSTRIES $286.23
Invoice Date Description Amount
CITY OF INDUSTRY P. 26

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
611469 01/20/2023 FENCE RENTAL - IND HILLS $90.34
613490 02/01/2023 WC ACCESS RENTAL - TONNER CYN/57 FWY $195.89 • 79993 02/23/2023 SOUTHERN TIRE MART LLC - DEPT $368.13 Invoice Date Description Amount
7070015349 01/19/2023 NEW TIRES - BACKHOE @ HATCHER $323.13 7070015583 01/27/2023 TIRE REPAIR - HATCHER $45.00
79994 02/23/2023 SPECIAL T WATER SYSTEMS, INC. $958.31
Invoice Date Description Amount
214824 01/27/2023 SALT DELIVERY - EL ENCANTO $958.31
79995 02/23/2023 STAPLES BUSINESS ADVANTAGE $734.87
Invoice Date Description Amount
8069161921 02/04/2023 OFFICE SUPPLIES $734.87
79996 02/23/2023 STATE COMPENSATION INSURANCE $3,833.09 FUND
Invoice Date Description Amount
1000918521 02/01/2023 WORKMANS COMP PREMIUM FOR FEBRUARY 2023 $2,179.91 1001346338-A 02/02/2023 WORKMANS COMP ADDITIONAL PREMIUM FOR $1,653.18 FEBRUARY 2023
79997 02/23/2023 STILLWATER SCIENCES $2,695.00
Invoice Date Description Amount
9180019 01/19/2023 FOLLOWS CAMP PROJECT $2,695.00
CITY OF INDUSTRY P. 27

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79998 02/23/2023 THE BIG NORWEGIAN $280.00
Invoice Date Description Amount
57149 01/28/2023 REPAIR 2000 JOHN DEERE MOWER - TONNER CYN $280.00 79999 02/23/2023 THE FLAG SHOP $4,691.12
Invoice Date Description Amount
20828 01/25/2023 US FLAGS (23) $4,691.12
80000 02/23/2023 THE FORKLIFT RENTAL LLC $246.38
Invoice Date Description Amount
10065 01/31/2023 FORKLIFT RENTAL-1123 HATCHER $246.38
80001 02/23/2023 THE OLD TOWN LA PUENTE $1,000.00

ASSOCIATION
Invoice Date Description Amount
2/6/23 02/06/2023 SPONSORSHIP FOR 2022 ANNUAL LA PUENTE $1,000.00

CHRISTMAS PARADE
80002 02/23/2023 THE TECHNOLOGY DEPOT $4,243.12
Invoice Date Description Amount
20484 02/01/2023 VEEAM DESKTOP/LAPTOP BACKUP $417.00
20483 02/01/2023 CLOUD CONNECT VEEAM-MAR 2023 $263.34
20482 02/01/2023 CLOUD CONNECT UNAAS-MAR 2023 $727.23
20481 02/01/2023 CLOUD CONNECT-HOMESTEAD $154.00
20480 02/01/2023 CLOUD CONNECT DATA STORAGE-MAR 2023 $1,345.50 20479 02/01/2023 CONNECT SOLUTION-SHERIFF'S BLDG $287.25 CITY OF INDUSTRY P. 28

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
20478 02/01/2023 VEEAM DRAAS DATA BACKUP-MAR 2023 $1,048.80 80003 02/23/2023 THOMSON REUTERS WEST - $6,151.71

PAYMENT CENTER
Invoice Date Description Amount
847850377 02/04/2023 WEST'S ANNO CALIF CODE BOOKS $6,151.71 80004 02/23/2023 THREE VALLEYS MUNICIPAL WATER $7,470.10

DISTRICT
Invoice Date Description Amount
6267 01/31/2023 1/1/23-1/31/23 SVC - TONNER CYN $7,470.10 80005 02/23/2023 TPX COMMUNICATIONS $4,046.37
Invoice Date Description Amount
166691228-0 01/31/2023 INTERNET SVG - CITY HALL/METROLINK $4,046.37 80006 02/23/2023 TPX COMMUNICATIONS $540.48
Invoice Date Description Amount
166637799-0 01/31/2023 TEL/INTERNET - HOMESTEAD $540.48 80007 02/23/2023 TRANSPORTATION & ENERGY $6,917.50
SOLUTIONS, ING.

Invoice Date Description Amount
COI-004-01-11-23 01/11/2023 TURNBULL CYN REVIEW $1,085.00 COI-009-02-08-23 02/08/2023 GUARDRAIL ON HACIENDA BLVD $1,105.00 CO1-001-02-08-23 02/08/2023 ON-CALL TRAFFIC ENG SVC $4,727.50 80008 02/23/2023 TURBO DATA SYSTEMS, ING $392.52
CITY OF INDUSTRY P. 29

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
39412 01/31/2023 CITATION PROCESSING - DEC 2022IJAN 2023 $392.52 80009 02/23/2023 UNITED PARCEL SERVICES, INC $41.13
Invoice Date Description Amount
0000V435E4043 01/28/2023 MESSENGER SVC $14.99
0000V435E4033 01/21/2023 MESSENGER SVC $13.08
000V435E4053 02/04/2023 MESSENGER SVC $13.06
80010 02/23/2023 UNUM LIFE INSURANCE COMPANY $1,540,80

OF AMERICA
Invoice Date Description Amount
3/1/23-5/31/23 02/01/2023 LONG TERM CARE - SPOUSE $1,540.80 80011 02/23/2023 VALLEY POWER SYSTEMS, INC. $725.00
Invoice Date Description Amount
R69836 01/11/2023 MONTHLY GENERATOR INSPECTION - CITY HALL $725.00 80012 02/23/2023 VALLEY VISTA SERVICES, INC $14,050.60
Invoice Date Description Amount
5102371 01/31/2023 DISP SVC-1123 HATCHER AVE $5,191.02
5100842 02/01/2023 DISP SVC-TONNER CYN (MAINT YD) $1,144.64 5100844 02/01/2023 DISP SVC-TONNER CYN (CAMP COURAGE) $421.40 5100843 02/01/2023 DISP SVC-1123 HATCHER AVE $283.29
5100840 02/01/2023 DISP SVC-15660 MAYOR DAVE WAY (YAL) $144.63 5102753 01/31/2023 DISP SVC-CITY RESIDENTS $1,309.91
CITY OF INDUSTRY P. 30

WELLS FARGO BANK
February 23, 2023
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
5101041 • 02/01/2023 DISP SVG-205 N HUDSON $240.61
5101258 02/01/2023 DISP SVC-CITY BUS STOPS $4,796.49
5100841 02/01/2023 DISP SVC - CITY HALL $518.61
80013 02/23/2023 VANGUARD CLEANING SYSTEMS, $937.50
INC.

Invoice Date Description Amount
119047 02/01/2023 JANITORIAL SVC - HOMESTEAD $937.50
80014 02/23/2023 WALNUT ELEMENTARY COMMUNITY $200.00
CLUB
Invoice Date Description Amount
WECCTLAH23 02/02/2023 BUS FUNDING STIPEND-HOMESTEAD $200.00 80015 02/23/2023 WEST COAST ARBORISTS, INC. $1,354.50
Invoice Date Description Amount
195244 01/15/2023 FY 22/23 TREE MAINT $1,354.50
80016 02/23/2023 WILLDAN ENGINEERING $514.00
Invoice Date Description Amount
624791 01/23/2023 ENG SVC - NELSON/PUENTE AVE $514.00
Checks Status Count Transaction Amount
Total 111 51,957,224.53

CITY COUNCIL
ITEM NO. 5.2

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: February 23, 2023
SUBJECT: Consideration of Resolution No. CC 2023-09 - A RESOLUTION OF THE CITY COUNCIL_OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

POLICY FOR DONATIONS TO NON-PROFIT ORGANIZATIONS AND
PUBLIC AGENCIES UP TO ONE THOUSAND DOLLARS ($1,000.00)

BACKGROUND
From time to time, the City receives requests from non-profit organizations and public agencies for funding assistance to support programs and services that serve a public purpose in the local community. In the past calendar year, 23 donation requests were granted: Five (5) donations were up to $1,000.00, 11 donations were between $1,000.00 to $5,000.00, and seven donations were greater than $5,000.00.

DISCUSSION
Staff wishes to establish a more streamlined approach to partner with non-profits and public entities based in the San Gabriel Valley by permitting the City Manager to authorize donations up to $1,000.00. Proposed Resolution No. 2023-09 authorizes the City Manager to authorize donation requests from non-profit organizations and public agencies, up to $1,000.00 per entity in a single fiscal year. Furthermore, the resolution sets the City Manager's maximum authorization amount at $5,000.00 per fiscal year. Single requests and multiple requests from an entity totaling more than $1,000.00 per fiscal year will be presented to City Council for approval.

FISCAL IMPACT
Donations are included in the adopted budget within Community Promotions and Economic Development (Account No. 100-621-5601). The resolution allows the City Manager to authorize a total of $5,000.00 of donations per fiscal year, as long as there is funding in the account.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2023-09.

Attachments
A. Resolution No. CC 2023-09

ATTACHMENT A
RESOLUTION NO. CC 2023-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A POLICY FOR

DONATIONS TO NON-PROFIT ORGANIZATIONS AND PUBLIC
AGENCIES UP TO ONE THOUSAND DOLLARS ($1,000.00)

RECITALS
WHEREAS, the City of Industry ("City") receives requests from non-profit organizations and public agencies for funding assistance to support programs and services that serve a public purpose in the community; and WHEREAS, the City wishes to establish a more streamlined approach to partner with non-profits and public entities based in San Gabriel Valley by permitting the City Manager to authorize donations up to $1,000.00; and
WHEREAS, the City wishes to establish an administrative process authorizing the City Manager to consider and approve donation requests from non-profit organizations and public agencies, up to One Thousand Dollars ($1,000.00) for each eligible entity in a single fiscal year, not to exceed a total of Five Thousand Dollars ($5,000.00) each fiscal year, as long as there is adequate funding in the City's Community Promotions and Economic Development account; 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 policy serves a public purpose in that non-profit organizations and public agencies throughout the San Gabriel Valley support the community by providing programs and services that make positive impacts to the community's members.

SECTION 3: The City Council hereby authorizes the City Manager to approve donation requests from San Gabriel Valley-based non-profit organizations and public agencies up to One Thousand Dollars ($1,000.00) per entity in a single fiscal year, not to exceed Five Thousand Dollars ($5,000.00) each fiscal year, as long as adequate funding remains in the City's Community Promotions and Economic Development account. Single requests and multiple requests from an entity totaling more than $1,000.00 per fiscal year shall be presented to the City Council for approval.

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: at the City Clerk shall certify to the adoption of this Resolution and that the same shall be in tull torce and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on February 23, 2023, 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. 5.3

SULT OF INDISTR

CITY OF INDUSTRY

ANGELES CONS

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Yamini Pathak, Director of Finance
DATE: February 23, 2023
SUBJECT: Consideration of an Agreement and Election to Prefund Employer Contributions to a Defined Benefit Pension Plan with the California Public Employees' Retirement System (CalPERS) Internal Revenue Code Section 115 California Employers' Pension Prefunding Trust (CEPPT) Fund Background:

During the May 14, 2015 regular meeting, the City Council approved participation in the California Employers' Retiree Benefit Trust ("CERBT") program and prefunding of accrued liability for post-retirement health and dental benefits for retirees and their beneficiaries. At this time, the City is seeking to participate in a defined contribution plan with the California Public Employees' Retirement System ("CalPERS") via its Internal Revenue Code Section 115 California Employers' Pension Prefunding Trust ("СЕРРТ") Fund.

Discussion:

CaPERS established the CEPPT, which is an IRS Section 115 Trust set up for the sole purpose of receiving employer contributions that will pay for pension costs. This program has been around since 2019, with $100 million in assets under management as of December 27, 2022, with 79 participants including cities, counties, school districts, and special districts. Section 115 Trusts are used by cities and counties to reserve funds against pension liabilities. Funds can be transferred from a Section 115 Trust to pay for pension costs; they cannot be used for other purposes.

While the City's investment policy keeps the City's cash and investments safe and liquid, the return on investments is limited. Opening a CEPPT Section 115 Trust with CalPERS provides additional leverage to increase the City's return on investments, while maintaining safety and liquidity. Another benefit is that the City's overall finances will improve, as pre-funding the pension costs will lower the overall pension liability, improving the City's overall balance sheet.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org As of June 30, 2021 CalPERS has computed the City's unfunded accrued pension liability at $1,618,536 across all three plans - Classic, Classic Second Tier and PEPRA. This valuation is based on estimates and is likely to change over time given its long-term nature. The unfunded accrued pension liability is separate from the normal pension contributions, which for Fiscal Year 2022-2023 were $317,896 for all City employees. To help ensure that there are sufficient funds available to fund future pension benefits, the City is proposing prefunding $5,000,000 to the CEPPT Fund. The City's $5,000,000 contribution can be used to fund both normal pension contributions and the unfunded liability.

The funds will be held in a trust and will be invested through the CEPPT program via one, or both, of its investment strategies. These strategies invest in four common asset classes: Global Equity, Fixed Income, Global Real Estate (REITs) and Treasury Inflation Protected Securities (TIPS). The main distinction between the two is asset allocation among these four categories, with Strategy 1 having more assets in equities and Strategy 2 being more conservative with more assets in fixed income.

CEPPT Portfolios Strategy 1 Strategy 2
Expected Net Rate of Return 4.5% 3.5%
Standard Deviation of Expected Return 8.8% 6.1%
Approximately 71% of the total funds invested in the CEPPT are invested in Strategy 1.

City's investment in CERBT is also in Strategy 1. Given the higher expected return, staff recommends allocating the entire investment in CEPPT to Strategy 1.

Advantages of CalPERS' Section 115 CEPPT Fund:
- City has control over the contribution and its funding. A one-time deposit can be made at this time and, if needed, City can make additional deposits in the future as well. Funds can be withdrawn in the future to finance future pension contribution payments.
- Earnings on assets would reduce future contributions
- Reducing the pension liability would improve City's overall balance sheet - Low administrative fee of 25 basis points on asset balances. For each $1,000,000 invested, an annual fee of $2,500 is paid from earnings. There are no additional costs to join or withdraw funds from CEPPT.

CEPPT does come with risk in that it would be more prone to market and economic volatility compared to the City's current investment in LAIF or US Treasury investments.

The expected returns in either strategy are not guaranteed. Furthermore, the IRS Section 115 Trust is irrevocable, meaning the investment can be only utilized for pension-related costs. Payment of other unforeseen costs is not allowed. Additionally, funds cannot be withdrawn from the trust, with the exception of the pension costs detailed above.

Pursuant to the terms of the Agreement, the City must delegate certain City officials with the authority to request on behalf of the city, disbursements from the fund, and to certify the purpose for which those funds will be used. Staff recommends that the City Manager and Finance Director be given that authority.

Fiscal Impact:

The fiscal impact for Fiscal Year 2022-2023 would be the $5,000,000 one-time contribution, to be paid out of excess cash from City's General Fund.

Recommendation:

Staff recommends that the City Council adopt Resolution No. CC 2023-02, authorizing participation in the CEPPT program and the prefunding of the City's accrued pension liability.

Exhibit:

A. Resolution CC 2023-02
B. CEPPT Strategy 1 and Strategy 2 Fact Sheets
C. CEPPT Participation Agreement
D. CEPPT Delegation of Authority to Request Disbursements JN/:yp
RESOLUTION NO. CC 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING THE AGREEMENT AND

ELECTION TO PREFUND EMPLOYER CONTRIBUTIONS TO A

DEFINED BENEFIT PENSION PLAN WITH THE CALIFORNIA

PUBLIC EMPLOYEES' RETIREMENT SYSTEM INTERNAL
REVENUE CODE SECTION 115 CALIFORNIA EMPLOYERS'

PENSION PREFUNDING TRUST FUND
WHEREAS, on May 14, 2015, the City Council approved participation in the California Employers' Retiree Benefit Trust ("CERBT") program, and prefunding of accrued liability for post-retirement health and dental benefits for retirees and their beneficiaries; and WHEREAS, the City is seeking to participate in a defined contribution plan with the California Public Employees' Retirement System ("CalPERS") via its Internal Revenue Code Section 115 California Employers' Pension Prefunding Trust ("CEPPT") Fund; and WHEREAS, CaPERS established the CEPPT, which is an IRS Section 115 Trust set up for the sole purpose of receiving employer contributions that will pay for pension costs. Funds can be transferred from a Section 115 Trust to pay for pension costs; they cannot be used for other purposes; and
WHEREAS, the funds will be held in a trust and will be invested through the CEPPT program via Investment Strategy No. 1. While there are several options for investment strategy, Strategy 1 is recommended by staff due to higher potential returns; and WHEREAS, as of June 30, 2021, CaPERS has computed the City's unfunded accrued pension liability at $1,618,536 across all three plans - Classic, Classic Second Tier and PEPRA. This valuation is based on estimates and is likely to change over time given its long-term nature. The unfunded accrued pension liability is separate from the normal pension contributions, which for Fiscal Year 2022-2023 were $317,896 for all City employees; and
WHEREAS, to help ensure that there are sufficient funds available to fund future pension benefits, the City is proposing prefunding $5,000,000 to the CEPPT Fund; and WHEREAS, the City has control over the contribution and its funding. A one-time deposit can be made at this time and, if needed, City can make additional deposits in the future as well. For each $1,000,000 invested, an annual fee of $2,500 is paid from earnings.

There are no additional costs to join or withdraw funds from CEPPT. Additionally, once the City elects to participate in the trust, it cannot be withdraw.

NOW THEREFORE, the City Council of the City of Industry hereby finds, determines, and resolves as follows:

SECTION 1: The above Recitals are true and correct and are incorporated herein by reference.

SECTION 2: The City Council hereby approves the Agreement with CaPERS, attached hereto as Exhibit A, and incorporated herein by reference, to prefund employer contributions to a defined benefit pension plan, and authorizes the City Manager to execute same, and all documents necessary to fulfill the purpose of the Agreement.

SECTION 3: The City Council hereby delegates the City Manager and Finance Director authority to request on behalf of the City disbursements from the Pension Prefunding Trust and to certify as to the purpose for which the disbursed funds will be used.

Section 4. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereot is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or sections, wry shar narate er pair Re often orient apolis, due persons or circumstances.

Section 5. The City Clerk shall certify to the passage and 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 February 23, 2023, 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
California Employers' Pension Prefunding Trust (CEPPT)
CEPPT Strategy 1 CalPERS
September 30, 2022
Objective Composition
The CEPPT Strategy 1 portfolio seeks to provide capital Asset Class Allocations and Benchmarks appreciation and income consistent with its strategic asset The CEPPT Strategy 1 portfolio consists of the following asset classes and allocation. There is no guarantee that the portfolio will achieve corresponding benchmarks:
its investment objective.

Strategy Asset Class Target Target
Benchmark
The CEPPT Strategy 1 portfolio is invested in various asset Allocation Range classes that are passively managed to an index. CaPERS MSCI All Country World periodically adjusts the composition of the portfolio in order to Global Equity 37% ‡ 5% Index IMI (Net)
match the target allocations. Generally, equities are intended to help build the value of the employer's portfolio over the long Fixed Income 44% = 5% Bloomberg US Aggregate term while bonds are intended to help provide income and Bond Index stability of principal. Also, strategies invested in a higher Treasury Inflation-Protected Bloomberg US TIPS Index, percentage of equities seek higher investment returns (but 5% + 3% Securities ("TIPS") Series L
assume more risk) compared with strategies invested in a Real Estate Investment FTSE EPRA/NAREIT higher percentage of bonds. 14% + 5%
Trusts ("REITs") Developed Index (Net)
Compared with CEPPT Strategy 2, this portfolio has a higher Cash + 2% 91-Day Treasury Bill allocation to equities than bonds. Historically, equities have displayed greater price volatility and, therefore, this portfolio may experience greater fluctuation of value. Employers that Portfolio Benchmark seek higher investment returns, and are able to accept greater The CEPT Strategy 1 benchmark is a composite of underlying asset class market risk and tolerate more fluctuation in returns, may wish to indices, each assigned the target weight for the asset class it represents. consider this portfolio.

CaPERS Board may change the list of approved asset Target vs. Actual Asset Class Allocations The following chart shows policy target allocations compared with actual asset classes in composition as well as targeted allocation
percentages and ranges at any time. allocations as of the specified reporting month-end. CaPERS may temporarily deviate from the target allocation for a particular asset class based on market, economic, or other considerations.

Assets Under Management
As of the specified reporting month-end: CEPPT Strategy 1 • Target Actual CEPPT Strategy 1 Annual Expense Ratio
60%
$62,888,273 0.25%
40%
Note: Target allocations are as of 10/1/2022 and approved by the 20% Board of Administration at the March 2022 Investment Committee meeting. 0%
Global Fixed TIPS REITS Cash
Equity Income
CEPT Strategy 1 Performance as of September 30, 2022
Since Inception*
1 Month 3 Months Fiscal YTD 1 Year 3 Years* 5 Years* 10 Years* (October 1, 2019) Gross Return 1,3 -7.23% -6.06% -6.06% -17.40% 0.17% - 0.17% Net Return 2,3 -7.25% -6.12% -6.12% -17.60% -0.07% -0.07% Benchmark Return -7.26% -6.07% -6.07% -17.59% ••••

0.10% ... 0.10%
Standard Deviation 4 11.30% 11.30%
* Returns for periods greater than one year are annualized. "Gross returns are net of SSA operating expenses.
2 Net returns are net of SSGA operaing expenses, investment management, administrative and recordkeeping fees. " Expenses are described in more detail on page 2 of this document. *Standard deviation is based on gross returns and is reported for periods greater than 3 years.

California Employers' Pension Prefunding Trust (CEPPT)
CEPT Strategy 1 CalPERS
September 30, 2022
General Information What Employers Own
Each employer invested in CEPPT Strategy 1 owns units of this Information Acessibility portfolio, which invests in pooled asset classes managed by CaPERS The CEPPT Strategy 1 portfolio consists of assets managed internally by and/or external advisors. Employers do not have direct ownership of CaPERS and/or by external managers. Since it is not a mutual fund, a the securities in the portfolio. prospectus is not available and daily holdings are not published. CaPERS provides a quarterly statement of the employer's account and other Price information about the CEPPT. For total market value, detailed asset The value of the portfolio changes daily based upon the market value allocation, investment policy and performance information, please visit our of the underlying securities. Just as prices of individual securities website at www.calpers.ca.gov. fluctuate, the portfolio's value also changes with market conditions.

Porfolio Manager Information Principal Risks of the Portfolio The CaPERS Board, through its Investment Committee, directs the CEPPT The CEPPT fund is a trust fund dedicated to prefunding employer investment strategy based on policies approved by the Board of contributions to defined benefit pension plans for eligible state and Administration. State Street Global Advisors (SSGA) manages all local agencies. CEPPT is not, however, a defined benefit plan. There underlying investments for CEPPT, which include: Global Equity, Fixed is no guarantee that the portfolio will achieve its investment Income, Real Estate Investment Trusts, and Treasury Inflation-Protected objectives or provide sufficient funding to meet employer obligations.

Securities.

An investment in the portfolio is not a bank deposit, nor is it insured or Custodian and Record Keeper guaranteed by the Federal Deposit Insurance Corporation (FDIC), State Street Bank serves as custodian for the CEPPT. Northeast CaPERS, the State of California or any other government agency.

Retirement Services serves as recordkeeper.

There are risks associated with investing, including possible loss of Expenses principal. The portfolio's risk depends in part on the portfolio's asset CEPT is a self-funded trust in which participating employers pay for all class allocations and the selection, weighting and risks of the administrative and investment expenses. Expenses reduce the gross underlying investments. For more information about investment risks, investment return by the fee amount. The larger the expenses, the greater please see the document entitled "CEPT Principal Investment Risks" reduction of investment return. Currently, CEPPT expense ratios are 0.25%. located at www.calpers.ca.gov.

This equates to $2.50 per $1,000 invested. The expenses consist of administrative expenses borne by CaPERS to administer and oversee the Fund Performance
Trust assets, investment management and administrative fees paid to SSGA to manage all asset classes, and recordkeeping fees paid to Performance data shown on page 1 represents past performance and Northeast Retirement Services to administer individual employer accounts. is no guarantee of future results. The investment return and principal The expenses described herein are reflected in the net asset value per unit. value of an investment will fluctuate so that an employer's units, when The expense ratio is subject to change at any time and without prior redeemed, may be worth more or less than their original cost. Current notification due to factors such as changes to average fund assets or performance may be higher or lower than historical performance data shown. For current performance information, please visit market conditions. CaPERS reviews the operating expenses annually and changes may be made as appropriate. Even if the portfolio loses money www.calpers.ca.gov and follow the links to California Employers' during a period, the expenses will still be charged. Pension Prefunding Trust.

CEPPT Strategy Risk Levels
CaPERS offers employers the choice of one of two investment strategies. Projected risk levels among risk strategies vary, depending upon the target asset class allocations. Generally, equities carry more risk than fixed income securities.

Asset Class Target Allocations Strategy 1 Strategy 2
Global Equity 37% 21% CEPPT Strategy 1
More conservative Less conservative
Fixed Income 44% 61% 7
Treasury-Inflation Protected Securities 5% 9% CEPPT Strategy 2 Real Estate Investment Trusts 14% 9% More conservative Less conservative California Employers' Pension Prefunding Trust (CEPPT)
CEPPT Strategy 2 CaPERS
September 30, 2022
Objective Composition
The CEPPT Strategy 2 portfolio seeks to provide capital Asset Class Allocations and Benchmarks appreciation and income consistent with its strategic asset The CEPPT Strategy 2 portfolio consists of the following asset classes and allocation. There is no guarantee that the portfolio will achieve its corresponding benchmarks:
investment objective.

Strategy Asset Class Target Target Benchmark
The CEPPT Strategy 2 portfolio is invested in various asset Allocation Range classes that are passively managed to an index. CaPERS MSCI All Country World periodically adjusts the composition of the portfolio in order to Global Equity 21% ‡ 5% Index IMI (Net)
match the target allocations. Generally, equities are intended to help build the value of the employer's portfolio over the long term Fixed Income 61% ‡ 5% Bloomberg US Aggregat while bonds are intended to help provide income and stability of Bond Index principal. Also, strategies invested in a higher percentage of Treasury Inflation-Protected Bloomberg US TIPS Indi 9% + 3%
equities seek higher investment returns (but assume more risk) Securities ("TIPS") Series L compared with strategies invested in a higher percentage of Real Estate Investment FTSE EPRA/NAREIT bonds. Trusts ("REITs") 9% = 5%
Developed Index (Net)
Compared with CEPPT Strategy 1, this portfolio has a lower Cash + 2% 91-Day Treasury Bill allocation to equities and a higher allocation to bonds. Historically, funds with a lower percentage of equities have displayed less price volatility and, therefore, this portfolo may experience comparatively Portfolio Benchmark less fluctuation of value. Employers that seek greater stability of The CEPPT Strategy 2 benchmark is a composite of underlying asset class market indice:
value, in exchange for possible lower investment returns, may wish each assigned the target weight for the asset class it represents. to consider this portfolio.

Target vs. Actual Asset Class Allocations
CaPERS Board may change the list of approved asset classes in The following chart shows policy target allocations compared with actual asset allocations composition as well as targeted allocation percentages and ranges as of the specified reporting month-end. CaPERS may temporarily deviate from the target at any time. allocation for a particular asset class based on market, economic, or other considerations.

Assets Under Management
As of the specified reporting month-end:

CEPPT Strategy 2 • Target Actua
CEPT Strategy 2 Annual Expense Ratio
$25,424,329 80%

0.25%
60%
40%
Note: Target allocations are as of 10/1/2022 and approved by the 20% Board of Administration at the March 2022 Investment Committee 0% meeting. Global Fixed TIPS REITS Cash
Equity Income
CEPT Strategy 2 Performance as of September 30, 2022
Since Inception*
1 Month 3 Months Fiscal YTD 1 Year 3 Years* 5 Years* 10 Years* (January 1, 2020) Gross Return 1,3 -5.81% -5.53% -5.53% -15.80% -2.48%
Net Return 2,3 -5.84% -5.59% -5.59% -16.00% -2.71%
-5.86% -5.58% -5.58% -15.90% •...

Benchmark Return -2.62%
Standard Deviation* - -
* Returms for periods greater than one year are annualized.

Gross returns are net of SSGA operating expenses.
2 Net returns are net of SSGA operaing expenses, investment management, administrative and recordkeeping fees. 3 Expenses are described in more detail on page 2 of this document. * Standard deviation is based on gross returns and is reported for periods greater than 3 years.

California Employers' Pension Prefunding Trust (CEPPT)
CEPPT Strategy 2 CalPERS
September 30, 2022
General Information What Employers Own
Each employer invested in CEPT Strategy 2 owns units of this Information Acessibility portfolio, which invests in pooled asset classes managed by CaPERS The CEPPT Strategy 2 portfolio consists of assets managed internally by and/or external advisors. Employers do not have direct ownership of the CaPERS and/or by external managers. Since it is not a mutual fund, a securities in the portfolio. prospectus is not available and daily holdings are not published. CaPERS provides a quarterly statement of the employer's account and other Price information about the CEPPT. For total market value, detailed asset The value of the portfolio changes daily based upon the market value of allocation, investment policy and performance information, please visit our the underlying securities. Just as prices of individual securities fluctuate, website at www.calpers.ca.gov. the portfolio's value also changes with market conditions.

Porfolio Manager Information Principal Risks of the Portfolio The CaPERS Board, through its Investment Committee, directs the The CEPPT fund is a trust fund dedicated to prefunding employer CEPT investment strategy based on policies approved by the Board of contributions to defined benefit pension plans for eligible state and local Administration. State Street Global Advisors (SSGA) manages all agencies. CEPPT is not, however, a defined benefit plan. There is no underlying investments for CEPT, which include: Global Equity, Fixed guarantee that the portfolio will achieve its investment objectives or Income, Real Estate Investment Trusts, and Treasury Inflation-Protected provide sufficient funding to meet employer obligations.

Securities.

Retirement Services serves as recordkeeper.

There are risks associated with investing, including possible loss of Expenses principal. The portfolio's risk depends in part on the portfolio's asset CEPPT is a self-funded trust in which participating employers pay for all class allocations and the selection, weighting and risks of the underlying administrative and investment expenses. Expenses reduce the gross investments. For more information about investment risks, please see investment return by the fee amount. The larger the expenses, the greater the document entitled "CEPPT Principal Investment Risks" located at reduction of investment return. Currently, CEPPT expense ratios are www.calpers.ca.gov.

0.25%. This equates to $2.50 per $1,000 invested. The expenses consist of administrative expenses borne by CaPERS to administer and oversee Fund Performance
the Trust assets, investment management and administrative fees paid to SSGA to manage all asset classes, and recordkeeping fees paid to Performance data shown on page 1 represents past performance and is Northeast Retirement Services to administer individual employer accounts. no guarantee of future results. The investment return and principal value The expenses described herein are reflected in the net asset value per of an investment will fluctuate so that an employer's units, when unit. The expense ratio is subject to change at any time and without prior redeemed, may be worth more or less than their original cost. Current performance may be higher or lower than historical performance data notification due to factors such as changes to average fund assets or market conditions. CaPERS reviews the operating expenses annually and shown. For current performance information, please visit changes may be made as appropriate. Even if the portfolio loses money www.calpers.ca.gov and follow the links to California Employers' during a period, the expenses will still be charged. Pension Prefunding Trust.

Asset Class Target Allocations Strategy 1 Strategy 2
Global Equity 37% 21% CEPPT Strategy 1
44% 61% More conservative Less conservative
Fixed Income
Treasury-Inflation Protected Securities 5% 9% CEPPT Strategy 2 Real Estate Investment Trusts 14% 9% More conservative Less conservative Va CalPERS
alifornia Public Emplovees' Retirement Svstel
alifornia Emplovers' Pension Prefundina Trust (CEPP"
400 Q Street, Sacramento, CA 95811
www.calpers.ca.gov
Delegation of Authority to Request Disbursements
California Employers' Pension Prefunding Trust
(CEPPT)

RESOLUTION
OF THE
(GOVERNING BODY)
OF THE
(NAME OF EMPLOYER)
The delegates to the incumbents
(GOVERNING BODY)
in the positions of and
(TITLE)
_, and/or
(TITLE)
authority to request on behalf of the
(TITLE)
Employer disbursements from the Pension Prefunding Trust and to certify as to the purpose for which the disbursed funds will be used.

By
Title
Witness
Date
Revised 07/2019

Page 1 of 1 ends

CALIFORNIA EMPLOYERS' PENSION PREFUNDING TRUST PROGRAM

AGREEMENT AND ELECTION
OF
(NAME OF EMPLOYER)
to Prefund Employer Contributions to a Defined Benefit
Pension Plan
WHEREAS (1) Government Code (GC) Section 21711(a) establishes in the State Treasury the California Employers' Pension Prefunding Trust Fund (CEPPT), a special trust fund for the purpose of allowing eligible employers to prefund their required pension contributions to a defined benefit pension plan (each an Employer Pension Plan) by receiving and holding in the CEPPT amounts that are intended to be contributed to an Employer Pension Plan at a later date; and WHEREAS (2) GC Section 21711(b) provides that the California Public Employees' Retirement System (CalPERS) Board of Administration (Board) has sole and exclusive control of the administration and investment of the CEPPT, the purposes of which include, but are not limited to (i) receiving contributions from participating employers; (i) investing contributed amounts and income thereon, if any, in order to receive yield on the funds; and iii) disbursing contributed amounts and income thereon, if any, to pay for costs of administration of the CEPPT and to deposit employer contributions into Employer Pension Plans in accordance with their terms; and WHEREAS (3)
(NAME OF EMPLOYER)
(Employer) desires to participate in the CEPPT upon the terms and conditions set by the Board and as set forth herein; and
WHEREAS (4) Employer may participate in the CEPPT upon (i) approval by the Board and (ii) filing a duly adopted and executed Agreement and Election to Prefund Employer Contributions to a Defined Benefit Pension Plan (Agreement) as provided in the terms and conditions of the Agreement; and
WHEREAS (5) The CEPPT is a trust fund that is intended to perform an essential governmental function (that is, the investment of funds by a State, political subdivision or 115 entity) within the meaning of Internal Revenue Code (Code) Section 115 and Internal Revenue Service Revenue Ruling 77-261, and as an Investment Trust Fund, as defined in Governmental Accounting Standards Board (GASB) Statement No. 84, Paragraph 16, for accounting and financial reporting of fiduciary activities from the 1/12/2022 Page 1 of 11
external portion of investment pools and individual investment accounts that are held in a trust that meets the criteria in Paragraph 11c(1).

WHEREAS (6) The CEPPT is not a Code Section 401(a) qualified trust and the assets held in the CEPPT are not assets of any Employer Pension Plan or any plan qualified under Code Section 401(a).

NOW, THEREFORE, BE IT RESOLVED THAT EMPLOYER HEREBY MAKES THE

FOLLOWING REPRESENTATION AND WARRANTY AND THAT THE BOARD AND EMPLOYER AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

A. Employer Representation and Warranty
Employer hereby represents and warrants that it is the State of California or a political subdivision thereof, or an entity whose income is excluded from gross income under Code Section 115(1).

B. Adoption and Approval of the Agreement; Effective Date; Amendment (1) Employer's governing body shall elect to participate in the CEPPT by adopting this Agreement and filing with the Board a true and correct original or certified copy of this Agreement as follows:

Filing by mail, send to: CaPERS
CEPPT
P.O. Box 1494
Sacramento, CA 95812-1494
Filing in person, deliver to: CaPERS Mailroom
CEPPT
400 Q Street
Sacramento, CA 95811
(2) Upon receipt of the executed Agreement, and after approval by the Board, the Board shall fix an effective date and shall promptly notify Employer of the effective date of the Agreement. Employer shall provide the Board such other documents as the Board may request, including, but not limited to a certified copy of the resolutions) of the governing body of Employer authorizing the adoption of the Agreement and documentation naming Employer's successor entity in the event that Employer ceases to exist prior to termination of this Agreement.
(3) The terms of this Agreement may be amended only in writing upon the agreement of both the Board and Employer, except as otherwise provided herein. Any such amendment or modification to this Agreement shall be adopted and executed in the same manner as required for the Agreement. Upon receipt of the executed amendment or modification, the Board shall fix the effective date of the amendment or modification. 1/12/2022

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(4) The Board shall institute such procedures and processes as it deems necessary to administer the CEPPT, to carry out the purposes of this Agreement, and to maintain the tax-exempt status of the CEPPT. Employer agrees to follow such procedures and processes.

C. Employer Reports Provided for the Board's Use in Trust Administration and Financial Reporting and Employer Contributions
(1) Employer shall provide to the Board a defined benefit pension plan cost report on the basis of the actuarial assumptions and methods prescribed by Actuarial Standards of Practice (ASOP) or prescribed by GASB. Such report shall be for the Board's use in trust administration and financial reporting and shall be prepared at least as often as the minimum frequency required by applicable GASB Standards. This defined benefit pension plan cost report may be prepared as an actuarial valuation report or as a GASB compliant financial report. Such report shall be:
1) prepared and signed by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board;
2) prepared in accordance with ASOP or with GASB; and
3) provided to the Board prior to the Board's acceptance of contributions for the reporting period or as otherwise required by the Board. (2) In the event that the Board determines, in its sole discretion, that Employer's cost report is not suitable for the Board's purposes and use or if Employer fails to provide a required report, the Board may obtain, at Employer's expense, a report that meets the Board's trust administration and financial reporting needs. At the Board's option, the Board may recover the costs of obtaining the report either by billing and collecting such amount from Employer or through a deduction from Employer's Prefunding Account (as defined in Paragraph D(2) below).
(3) Employer shall notify the Board in writing of the amount and timing of contributions to the CEPPT, which contributions shall be made in the manner established by the Board and in accordance with the terms of this Agreement and any procedures adopted by the Board.
(4) The Board may limit Employer's contributions to the CEPPT to the amount necessary to fully fund the actuarial present value of total projected benefit payments not otherwise prefunded through the applicable Employer Pension Plan (Unfunded PVFB), as set forth in Employer's cost report for the applicable period. If Employer's contribution would cause the assets in Employer's Prefunding Account to exceed the Unfunded PVFB, the Board may refuse to accept the contribution. If Employer's cost report for the applicable period does not set forth the Unfunded PVFB, the Board may 1/12/2022

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refuse to accept a contribution from Employer if the contribution would cause the assets in Employer's Prefunding Account to exceed Employer's total pension liability, as set forth in Employer's cost report.
(5) No contributions are required. Contributions can be made at any time following the effective date of this Agreement if Employer has first complied with the requirements of this Agreement, including Paragraph C.
(6) Employer acknowledges and agrees that assets held in the CEPPT are not assets of any Employer Pension Plan or any plan qualified under Code Section 401(a), and Will not become assets of such a plan unless and until such time as they are distributed from the CEPPT and deposited into an Employer Pension Plan.

D. Administration of Accounts; Investments; Allocation of Income (1) The Board has established the CEPPT as a trust fund consisting of an aggregation of separate single-employer accounts, with pooled administrative and investment functions.
(2) All Employer contributions and assets attributable to Employer contributions shall be separately accounted for in the CEPPT (Employer's Prefunding Account). Assets in Employer's Prefunding Account will be held for the exclusive purpose of funding Employer's contributions to its Employer Pension Plan(s) and defraying the administrative expenses of the CEPPT.
(3) The assets in Employer's Prefunding Account may be aggregated with the assets of other participating employers and may be co-invested by the Board in any asset classes appropriate for a Code Section 115 trust, subject to any additional requirements set forth in applicable law, including, but not limited to, subdivision (d) of GC Section 21711.

Employer shall select between available investment strategies in accordance with applicable Board procedures.
(4) The Board may deduct the costs of administration of the CEPPT from the investment income of the CEPPT or from Employer's Prefunding Account in a manner determined by the Board.
(5) Investment income earned shall be allocated among participating employers and posted to Employer's Prefunding Account daily Monday through Friday, except on holidays, when the allocation will be posted the following business day. (6) If, at the Board's sole discretion and in compliance with accounting and legal requirements applicable to an Investment Trust Fund and to a Code Section 115 compliant trust, the Board determines to its satisfaction that all obligations to pay defined benefit pension plan benefits in accordance with the applicable Employer Pension Plan terms have been satisfied by payment or by defeasance with no remaining risk regarding the amounts to be paid or the value of assets held in the 1/12/2022

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CEPPT, then the residual Employer assets held in Employer's Prefunding Account may be returned to Employer.

E. Reports and Statements
(1) Employer shall submit with each contribution a contribution report in the form and containing the information prescribed by the Board.
(2) The Board, at its discretion but at least annually, shall prepare and provide a statement of Employer's Prefunding Account reflecting the balance in Employer's Prefunding Account, contributions made during the period covered by the statement, investment income allocated during such period, and such other information as the Board may determine.

F. Disbursements
(1) Employer may receive disbursements from the CEPPT not to exceed, on an annual basis, the amount of the total annual Employer contributions to Employer's Pension Plan for such year.
(2) Employer shall notify the Board in writing in the manner specified by the Board of the persons authorized to request disbursements from the CEPPT on behalf of Employer.
(3) Employer's request for disbursement shall be in writing signed by Employer's authorized representative, in accordance with procedures established by the Board, and the Board may rely conclusively upon such writing. The Board may, but is not required to, require that Employer certify or otherwise demonstrate that amounts disbursed from Employer's Prefunding Account will be used solely for the purposes of the CEPPT.

However, in no event shall the Board have any responsibility regarding the application of distributions from Employer's Prefunding Account.
(4) No disbursement shall be made from the CEPPT which exceeds the balance in Employer's Prefunding Account.
(5) Requests for disbursements that satisfy the above requirements will be processed on at least a monthly basis.
(6) The Board shall not be liable for amounts disbursed in error if it has acted upon the written instruction of an individual authorized by Employer to request disbursements, and is under no duty to make any investigation or inquiry about the correctness of such instruction. In the event of any other erroneous disbursement, the extent of the Board's liability shall be the actual dollar amount of the disbursement, plus interest at the actual earnings rate but not less than zero.
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G. Costs of Administration
Employer shall pay its share of the costs of administration of the CEPPT, as determined by the Board and in accordance with Paragraph D.

H. Termination of Employer's Participation in the CEPPT (1) The Board may terminate Employer's participation in the CEPPT if:
(a) Employer's governing body gives written notice to the Board of its election to terminate; or
(b) The Board determines, in its sole discretion, that Employer has failed to satisfy the terms and conditions of applicable law, this Agreement or the Board's rules, regulations or procedures.
(2) If Employer's participation in the CEPPT terminates for either of the foregoing reasons, all assets in Employer's Prefunding Account shall remain in the CEPPT, except as otherwise provided below, and shall continue to be invested and accrue income as provided in Paragraph D, and Employer shall remain subject to the terms of this Agreement with respect to such assets.
(3) After Employer's participation in the CEPPT terminates, Employer may not make further contributions to the CEPPT.
(4) After Employer's participation in the CEPT terminates, disbursements from Employer's Prefunding Account may continue upon Employer's instruction or otherwise in accordance with the terms of this Agreement.
(5) After Employer's participation in the CEPPT terminates, the governing body of Employer may request either:
(a) A trustee to trustee transfer of the assets in Employer's Prefunding Account to a trust dedicated to prefunding Employer's required pension contributions; provided that the Board shall have no obligation to make such transfer unless the Board determines that the transfer will satisfy applicable requirements of the Code, other law and accounting standards, and the Board's fiduciary duties. If the Board determines that the transfer will satisfy these requirements, the Board shall then have one hundred fifty (150) days from the date of such determination to effect the transfer. The amount to be transferred shall be the amount in Employer's Prefunding Account as of the date of the transfer (the "transfer date") and shall include investment earnings up to an investment earnings allocation date preceding the transfer date. In no event shall the investment earnings allocation date precede the transfer date by more than 150 days. 1/12/2022

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(b) A disbursement of the assets in Employer's Prefunding Account; provided that the Board shall have no obligation to make such disbursement unless the Board determines that, in compliance with the Code, other law and accounting standards, and the Board's fiduciary duties, all of Employer's obligations for payment of defined benefit pension plan benefits and reasonable administrative costs of the Board have been satisfied. If the Board determines that the disbursement will satisfy these requirements, the Board shall then have one hundred fifty (150) days from the date of such determination to effect the disbursement. The amount to be disbursed shall be the amount in Employer's Prefunding Account as of the date of the disbursement (the "disbursement date") and shall include investment earnings up to an investment earnings allocation date preceding the disbursement date. In no event shall the investment earnings allocation date precede the disbursement date by more than 150 days.
(6) After Employer's participation in the CEPPT terminates and at such time that no assets remain in Employer's Prefunding Account, this Agreement shall terminate. To the extent that assets remain in Employer's Prefunding Account, this Agreement shall remain in full force and effect.
(7) If, for any reason, the Board terminates the CEPPT, the assets in Employer's Prefunding Account shall be paid to Employer to the extent permitted by law and Code Section 115 after retention of (i) an amount sufficient to pay the Unfunded PVFB as set forth in a current defined benefit pension plan(s) cost report prepared in compliance with ASOP and the requirements of Paragraph C(1), and (i) amounts sufficient to pay reasonable administrative costs of the Board. Amounts retained by the Board to pay the Unfunded PVFB shall be transferred to (i) another Code Section 115 trust dedicated to prefunding Employer's required pension contributions, subject to the Board's determination that such transfer will satisfy applicable requirements of the Code, other law and accounting standards, and the Board's fiduciary duties or (i) Employer's Pension Plan, subject to acceptance by Employer's Pension Plan. (8) If Employer ceases to exist but Employer's Prefunding Account continues to exist, and if no provision has been made to the Board's satisfaction by Employer with respect to Employer's Prefunding Account, the Board shall be permitted to identify and appoint a successor to Employer under this Agreement, provided that the Board first determines, in its sole discretion, that there is a reasonable basis upon which to identify and appoint such a successor and provided further that such successor agrees in writing to be bound by the terms of this Agreement. If the Board is unable to identify or appoint a successor as provided in the preceding sentence, then the Board is authorized to appoint a third-party administrator or other successor to act on behalf of Employer under this Agreement and to otherwise carry out the intent of this Agreement with respect to Employer's Prefunding Account. Any and all costs associated with such appointment shall be paid from the assets attributable to Employer's Prefunding Account. At the Board's option, and subject to acceptance by Employer's Pension Plan, 1/12/2022

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the Board may instead transfer the assets in Employer's Prefunding Account to Employer's Pension Plan and terminate this Agreement.
(9) If the Board determines, in its sole discretion, that Employer has breached the representation and warranty set forth in Paragraph A., the Board shall take whatever action it deems necessary to preserve the tax-exempt status of the CEPPT.

1. Indemnification
Employer shall indemnify, defend, and hold harmless CaPERS, the Board, the CEPPT, and all of the officers, trustees, agents and employees of the foregoing from and against any loss, liability, claims, causes of action, suits, or expense (including reasonable attorneys' fees and defense costs, lien fees, judgments, fines, penalties, expert witness fees, appeals, and claims for damages of any nature whatsoever) not charged to the CEPPT and imposed as a result of, arising out of, related to or in connection with (1) the performance of the Board's duties or responsibilities under this Agreement, except to the extent that such loss, liability, suit or expense results or arises from the Board's own gross negligence, willful misconduct or material breach of this Agreement, or (2) without limiting the scope of Paragraph F(6) of this Agreement, any acts taken or transactions effected in accordance with written directions from Employer or any of its authorized representatives or any failure of the Board to act in the absence of such written directions to the extent the Board is authorized to act only at the direction of Employer.

General Provisions
(1) Books and Records
Employer shall keep accurate books and records connected with the performance of this Agreement. Such books and records shall be kept in a secure location at Employer's office(s) and shall be available for inspection and copying by the Board and its representatives.
(2) Notice
(a) Any notice or other written communication pursuant to this Agreement will be deemed effective immediately upon personal delivery, or if mailed, three (3) days after the date of mailing, or if delivered by express mail or e-mail, immediately upon the date of confirmed delivery, to the following:

For the Board:

Filing by mail, send to:

CaPERS
CEPPT
P.O. Box 1494
Sacramento, CA 95812-1494
1/12/2022

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Filing in person, deliver to:

CaPERS Mailroom
CEPPT
400 Q Street
Sacramento, CA 95811
For Employer:
(b) Either party to this Agreement may, from time to time by notice in writing served upon the other, designate a different mailing address to which, or a different person to whom, all such notices thereafter are to be addressed. (3) Survival
All representations, warranties, and covenants contained in this Agreement, or in any instrument, certificate, exhibit, or other writing intended by the parties to be a part of this Agreement shall survive the termination of this Agreement. (4) Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
(5) Necessary Acts; Further Assurances
The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
(6) Incorporation of Amendments to Applicable Laws and Accounting Standards Any references to sections of federal or state statutes or regulations or accounting standards shall be deemed to include a reference to any amendments thereof and any successor provisions thereto.
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(7) Days
Wherever in this Agreement a set number of days is stated or allowed for a particular event to occur, the days are understood to include all calendar days, including weekends and holidays, unless otherwise stated.
(8) No Third Party Beneficiaries
Except as expressly provided herein, this Agreement is for the sole benefit of the parties hereto and their permitted successors and assignees, and nothing herein, expressed or implied, will give or be construed to give any other person any legal or equitable rights hereunder. Notwithstanding the foregoing, CaPERS, the CEPPT, and all of the otticers, trustees, agents and employees of CaPERS, the CEPPT and the Board shall be considered third party beneficiaries of this Agreement with respect to Paragraph I above.
(9) Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

A majority vote of Employer's Governing Body at a public meeting held on the . day of the month of in the year , authorized entering
into this Agreement.

Signature of the Presiding Officer:

Printed Name of the Presiding Officer:

Name of Governing Body:

Name of Employer:

Date:
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BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY

MELODY BENAVIDES

DIVISION CHIEF, PENSION CONTRACTS AND PREFUNDING PROGRAMS

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
To be completed by CaPERS
The effective date of this Agreement is:
1/12/2022

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CITY COUNCIL
ITEM NO. 5.4

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; James Cramsie, Director of Engineering, CNC Engineering; Arlene Lopez, Sr. Project Manager, CNC Engineering DATE: February 23, 2023
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with Interior Images, Inc., for interior design services at the Industry Business Counci building, located at 15651 Mayor Dave Way, extending the term through June 30 2025, revising the scope of services, revising the rate schedule, and increasing compensation by $96,000.00 (MP 03-24 #10)

BACKGROUND
On November 16, 2021, the City Manager approved a Professional Services Agreement ("Agreement") with Interior Images, Inc. ("Consultant") to provide interior design services to improve and renovate various areas within the Industry Business Council ('IBC") building located at 15651 Mayor Dave Way for $10,000.00. This work included research and assessment of proposed renovations to the training room, front lobby, and specifying the replacement of carpeting throughout the building.

DISCUSSION
Interior Images, Inc. has completed the research and assessment of the materials, labor and production options necessary to do the work, and needs additional time to complete the final design of the interior improvements. This includes a presentation of findings to IBC and City staff to make a final determination of various solutions to the existing skylight ceiling issues in the training room, updates to the interior, front lobby renovations, and lighting throughout the building.

The Agreement expired on June 30, 2022, and Staff recommends extending the term through June 30, 2025, to provide the services needed to complete the design process. Amendment No. 1 also includes a revised tate schedule to reflect Consultant's current rates, and an increase in compensation of $96,000.00. The additional services include construction support services relating to interior design for the installation of the carpet and electrical (Phase I), design and specify new paint, lighting, furniture, blinds or shades in various areas within the IBC building including the training room, investigate and program design options for the coffered ceiling in the Council Chambers to include updated LED lighting, and design and specify updating various areas within the Council Chambers.

FISCAL IMPACT
The fiscal impact for Amendment No. 1 is $96,000.00. In the adopted Fiscal Year 2022-2023 Capital Improvement Project budget, $100,000.00 is approved and there is sufficient budget for the remainder of the fiscal year (Account No. 120-725-5130, MP 03-24 #10).

RECOMMENDATION
Staff recommends the City Council approve Amendment No. 1 to the Professional Services Agreement with Interior Images, Inc.

Attachments
A. Amendment No. 1 - Interior Images, Inc.

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH INTERIOR IMAGES, INC.

This Amendment No. 1 to the Professional Services Agreement ("Agreement"), is made and entered into this 23rd day of February, 2023 ("Effective Date"), by and between the City of Industry, a municipal corporation ("City") and Interior Images, Inc., a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about November 16, 2021, the Agreement was entered into and executed between the City and Consultant to provide interior design services at the Industry Business Council building; and
WHEREAS, the City desires to amend the Scope of Services to include a final design of the interior improvements. Additionally, the Agreement expired on June 30, 2022, and it is necessary to extend the Agreement through June 30, 2025, to allow Consultant to provide these services, revise the rate schedule to reflect Consultant's current rates, along with a companion increase in compensation of $96,000.00; 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, 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:

TERM
This Agreement shall commence on the July 1, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025 unless sooner terminated to the provisions of this Agreement.

4. PAYMENT
The second sentence of Section 4(a) is hereby amended to read in its entirety as follows:

This amount shall not exceed One Hundred Six Thousand Dollars ($106,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

Exhibit A, Scope of Services
The Scope of Services is hereby revised to include the 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 rates set forth in Attachment 2, attached hereto, and incorporated herein by reference.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Interior Images, Inc.

By: By:

Joshua Nelson, City Manager Cheryl A. Sanders, President 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 the following additional Interior Design Services to improve and renovate the various areas within the Industry Business Council Building, located at 15651 Stafford Street, City of Industry CA.

1. Complete the Construction Support Services for the carpet, electrical underneath the flooring for all of the designated common areas and offices within the building. This excludes the areas such as the bathrooms, breakrooms or closets, etc. that have existing tiled or hard-surfaced floors.

2. Update the interiors with new paint, lighting, furniture, blinds or shades and specify paint colors and locations as desired by Staff, or as required due to construction.

3. Explore and design all options to replace the lighting in all areas with new LED, energy saving fixtures.

4. Remodel of the Council Chamber front lobby to include lighting adjustments, paint and furniture.

5. Investigate and program design options for the existing coffered ceiling in the Council Chambers to include updated LED lighting.

6. Design and specify updating various areas within the Council Chambers as determined by onsite assessments.

ATTACHMENT 2

EXHIBIT B
Rate Schedule
Senior Designer/Project Manager $185.00/hour
Associate Designer/Draftsman $165.00/hour
Intermediate Designer/Draftsman $140.00/hour
Design Assistant/Draftsman $125.00/hour
Purchasing Coordinator $75.00/hour
REIMBURSABLE EXPENSES:

Consultant shall be reimbursed for
out-of-pocket expenses incurred
on behalf of the project such as
messenger services, printing and
other forms of reproducing
drawings, specifications and
documents. These expenses will
be invoiced at cost.

EXHIBIT A TO AMENDMENT NO. 1:

PROFESSIONAL SERVICES AGREEMENT WITH INTERIOR IMAGES, INC.

DATED NOVEMBER 16, 2021

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of November 16, 2021 ("Effective Date"), between the City of Industry, a municipal corporation ("City" and Interior Images, Inc. a California Corporation ("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 June 30, 2022, 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 interior design services, serving a municipal agency.

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 (i) 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 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.

4. 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 Ten Thousand Dollars ($10,000.00) 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 thereatter 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 hereof, 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 5 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 files, 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 other than for 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

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any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

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.
officials, of cers, taptsyal andraginis, from and against any liability including liabilly 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(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 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

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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.

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.

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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, (!) 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 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: Interior Images, Inc.
4845 Green Crest Drive
Yorba Linda, CA 92887
Attention: Cheryl A. Sanders, President

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.

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16. GOVERNING LAW/ATTORNEYS' 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 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.

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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.

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 Interior Images, Inc.

Chered a Sanders
By:. By:

Joshua Nelson, City Manager Cheryl X. Sanders, President Attes
Mite Gutiertez-Robles, City Clerk
Approved as to form:
ambon Camo
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 interior design services for the budgetary assessment to improve and renovate various areas within the Industry Business Council ("BC") building, located at 15651 Mayor Dave Way.

Consultant shall provide research and project management to explore and assess all of the materials, labor and production options necessary for the following scope of work:

1. Carpet and lighting for all common areas and offices within the building. This excludes the areas such as the bathrooms, breakrooms or closets, etc. that have existing tiled or hard-surfaced floors

2. IBC training room full renovation, including solutions for the existing skylight ceiling issues, a new hallway divider wall with a new entry, a new back entry door assembly, and information technology ("IT") upgrades for training presentations

3. Front lobby low divider wall with counters

4. Assist Staff in selecting an architect for any structural design and construction for the training room

5. An assessment of the current ADA status within the existing building and possible solutions for any upgrades, as necessary
I. BASIC SERVICES:

1. Programming
a. The evaluation and development of a design concept and scope of work, as they relate to a proposed estimated budget.

2. Research
a. Functional needs and subsequent materials research derived from meetings with City Staff.
b. Explore all possible options for the accepted design concept and budget.
c. Review of ADA code compliance as it exists within the building.

3. Specifications
a. The determination of the correct size, shape, function and placement for each item.
b. The designation of specific materials and finishes selected to acquire bids from what was previously gathered during the research phase. Includes sizes, code compliance and pricing for all materials needed. c. The documentation of all finishes, locations and materials as they relate to the budget.

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d. Consultant shall submit all specifications for the City to include in the City's specification template documents.

Exclusions:

1. Consultant is not responsible for the layout, coordination or installation of IT or low voltage cabling, other than the determination of the locations of TV's, computers, copiers, fax machines, and other office equipment.

2. Consultant is not responsible for the design or specification of commercial ceilings, unless specifically requested by the City and may be classified as "Additional Services".

3. Consultant is not responsible for the specification of anything from the Mechanical, Electrical, Plumbing or Landscaping disciplines.

4. Consultant is not responsible for the competitive, bidding processes for the City or of third-party subcontractors or vendors.

4. Design Development/Drafting
a. Produce computer generated CAD drawings and coordinate with the City, as needed.
b. Create the images needed to show the design intent of the areas that an architect is to be responsible for, only as needed.

5. Presentation
a. The initial programming work will conclude with a presentation of a budget proposal, including bids for the scope listed within this Agreement to be presented to the City Council for approval.

6. Project Management
a. The evaluation of job progress on site and coordination with any sub- contractor's bid assessment, as it relates to the overall scope of the project.
b. Review of all RFP's, responses to RFPs and shop drawings as they relate to bids.

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EXHIBIT B

RATE SCHEDULE
Senior Designer/Project Manager $165.00/hour
Associate Designer/Draftsman $140.00/hour
Intermediate Designer/Draftsman $130.00/hour
Design Assistant/Draftsman $100.00/hour
Purchasing Coordinator $75.00/hour
REIMBURSABLE EXPENSES: Consultant shall be reimbursed for out-of-pocket expenses incurred on behalf of the project such as messenger services, printing and other forms of reproducing drawings, specifications and documents. These expenses will be invoiced at cost.

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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. 5.5

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Upendra Joshi, Sr. Project Manager, CNC Engineering
DATE: February 23, 2023
SUBJECT: Consideration of authorization to advertise for public bids for Contract No. CITY- 1502, Citywide License Plate Camera Reader Installation, for an estimated cost of $1,210,000.00

BACKGROUND
The plans and specifications for the Citywide License Plate Camera Reader project have been prepared. This project will be implemented as Contract No. CITY-1502 subject to the approval by the City Council.

DISCUSSION
There are currently no camera readers in the City. The scope of work for this project involves furnishing and installing license plate camera readers including trenching, conduit installation and wires throughout the City. The cameras will be installed at 13 intersections in the City. Nine will be solar powered, three will be wired, and one is a combination of both.

FISCAL IMPACT
The estimated cost for this project is $1,210,000.00 (MP 22-10).

RECOMMENDATION
It is hereby recommended that the City Council approve the plans and specifications and authorize the solicitation of public bids.

Attachments
A. Notice Inviting Bids
B. Engineers Estimate
C. Section A Pages A-1 through A-8
D. Plans

ATTACHMENT A

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. 502

CITYWIDE LICENSE PLATE CAMERA READER INSTALLATION
CONTRACT NO. CITY-1502
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on 3/15/2023, via the City of Industry's PlanetBids™ vendor portal. Bids are to be submitted through
https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

It is the responsibility of the bidder to be sure the bid is submitted prior to the date and time indicated above. Free digital versions of the plans and specifications are available on the vendor portal. Hard copies are no longer available for purchase.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code.

Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the City.

Contract No. CITY-1502 - Specifications
The Scope of Work is as follows: Installation of License Plate Camera Readers including trenching, conduit installation and wires
Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on March 6, 2023 at 5:00 P.M.

Contract No. CITY-1502 - Specifications

CITY OF INDUSTRY
PROJECT NO. 502

CITYWIDE LICENSE PLATE CAMERA READER INSTALLATION
CONTRACT NO. CITY-1502
Each bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, made payable to the CITY OF INDUSTRY.

The contract or mar that hintran expense, subsiture securities for monies to be withheld to ensure By the order of the CITY OF INDUSTRY dated 2/23/2023.

Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1502 - Specifications

ATTACHMENT B
ESTIMATE FOR:

CITY OF INDUSTRY
PROJECT NO. 502

CITYWIDE LICENSE PLATE CAMERA READER INSTALLATION
CONTRACT NO. CITY-1502

ENGINEER'S ESTIMATE
$1,210,000.00
Contract No. CITY-1502 - Specifications

ATTACHMENT C

SECTION A

CITY OF INDUSTRY
PROJECT NO. 502

CITYWIDE LICENSE PLATE CAMERA READER INSTALLATION
CONTRACT NO. CITY-1502
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on 3/15/2023, via the City of Industry's PlanetBids™M vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code. Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractors) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the City.

The Scope of Work is as follows: Installation of License Plate Camera Readers including trenching, conduit installation and wires
Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on March 6, 2023 at 5:00 P.M.

Contract No. CITY-1502 - Specifications A-1
The bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, payable to the CITY OF INDUSTRY. The bid guarantee is to insure that the bidder, if awarded the work, will enter into a contract with the CITY. Failure of a contractor to enter into a contract within ten (10) days following award will cause the bid guarantee to be forfeited.

If the bid guarantee is a Cashier's Check it must be delivered to City Hall prior to the bid opening date and time. The Cashier's Check shall be sealed in an envelope, endorsed as follows: CITY-1502 - CITYWIDE LICENSE PLATE CAMERA READER INSTALLATION, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. If a bid bond is chosen, a scanned PDF will be accepted through PlanetBids ™M , however, the three apparent low bidders will be contacted to submit the original bid bond and signed bid package to the City and will be given a deadline to submit.

The CITY may, upon refusal or failure of a successful responsible bidder to accept the contract, award it to the next lowest bidder. If the CITY awards the contract to the second lowest bidder, the amount of the lowest bidder's bid guarantee shall be applied by the CITY to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder if cash is used, or to the surety company if a bond is used.

The successful bidder will be required to furnish a labor and materials bond in an amount equal to one hundred percent (100%) of the contract price and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price. A maintenance bond equal to ten percent (10%) of the total bid price amount is to remain in force for one (1) year after the date of completion of work, shall be submitted prior to execution of contract. The above bonds shall be secured by a surety company satisfactory to the CITY, and licensed as a Surety Insurer in the State of California and rated at least Bt:V in the latest "Best's Insurance Guide." The attached bond forms shall be used without exception.

CONTRACTOR

INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to the City.

Contractor shall provide the following types and amounts of insurance:

Contract No. CITY-1502 - Specifications A-2
Without limiting Contractor's indemnification of City, and prior to commencement of the Project, 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 the 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 $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. 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 combined single limit for each accident.

Umbrella or Excess CGL Insurance. If the CONTRACTOR elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
• The umbrella or excess policy shall follow form over the CONTRACTOR's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
• The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
• The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. • The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.

Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

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

Contract No. CITY-1502 - Specifications A-3
Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of ten years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Other provisions or requirements:

Proof of Insurance. Contractor shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this contract. The 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 work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the 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 the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

Contract No. CITY-1502 - Specifications A-4
City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the 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 or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (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 subconsultants.

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 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, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Contract No. CITY-1502 - Specifications A-5
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 subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City's Right to Revise Requirements. 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 a ninety (90)-day 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 City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

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

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.

EXPERIENCE AND SAFETY
The successful bidder may be required to submit a statement attesting to its financial responsibility, technical ability, experience, and safety record.

Contract No. CITY-1502 - Specifications A-6

PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the "General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 ", for Los Angeles County. Wage rates shall conform to those on file at City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
(i) Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates.
(ii) Section 1777.4, Apprenticeship Requirements.
(ili) Section 1777.5, Apprenticeship Requirements.
(iv) Section 1813, Penalty for Failure to Pay Overtime. (v) Section 1810 and 1811, Working Hour Restrictions.
(vi) Section 1775, Payroll Records.
(vii) Section 1773.8, Travel and Subsistence Pay.

CONTRACTOR REGISTRATION PROGRAM
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the City.

LABOR COMPLIANCE MONITORING AND ENFORCEMENT
The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).

AGREEMENT
When the award of a contract is made to a corporation, the Agreement must be signed by the Secretary/Treasurer of the corporation in addition to the signature of the Contract No. CITY-1502 - Specifications A-7
President/Vice President, or the public agency needs to receive a copy of a resolution adopted by the Board of Directors of the corporation indicating that the party executing the contract has the authority to bind the corporation.

SURETY BONDS
All surety bonds issued in connection with projects for public works must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. The power of attorney and the bonds must be executed by the same person, and such signatures shall be notarized.

By the order of the CITY OF INDUSTRY dated 2/23/2023.

Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1502 - Specifications A-8

CITY OF INDUSTRY
Legend
Direction of Solar Condui
Boundary
Direction of Wired
25mm Camera Tail and Meter

1. E. Temple Ave/ N. Baldwin 4. 7th Ave/Don Julian Rd (all 7. SB Hacienda Blvd/Don 10. Gale Ave/Stoner Creek 13. Baker Pkwy/Grand Park Blvd (all directions) directions) Julian Rd (SB) Rd (WB, SB and EB) Crossing Pkwy (all directions)

2. E. Temple Blvd/Perez 5. Turnbull Canyon Rd/Don 8. Azusa Ave/Railroad St (NB 11. Fullerton Rd/Rowland 14. Baker Pkwy/Grand Ave PI/Cloverleaf Dr (NB and SB) Julian Rd (all directions) and SB) St-San Jose Ave (all directions) (all directions)

3. Crossroads Pkwy 6. Valley Blvd/ Hacienda Blvd 9. Gale Ave/Azusa Ave (WB 12. Currier Rd/Lemon Ave (all S/Crossroads Pkwy N (all (WB and EB) and EB)
directions)
directions)
Not to Scale

LICENSE PLATE READER PROJECT
repored by: Mortin Compos Alonso
255 N Haciendo Bird | Ste 222
Location Map
ACNC City of Industry CA I 91744
www.cnc-eng.com
LA
BALDWIN County - e
PARK BLVD. CROSSROADS
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DON JULIAN TURNBULL CANYON RD VALLEY "HACIENDA
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4. Don Julian Ra @ 7th Ave 5.Don Julian Rd @ Turnbull 6. Valley Blvd @ Hacienda Blyd Legend Canyon Rd
Direction of Wired
Direction of Sola
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LICENSE PLATE READER (LPR) PROJECT
boundary Prepared by: Martin Campos Alonso
Traffic Signal
cabinet and meter
LOCATION MAP 255 Mocienda Bird | Ste 222
ACNC
nnw.cnc-eng.com
HACIEND/ AZUSA AVE AZUSA AVE 00g02

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/ GALE AVE -

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7.Hacienda Blvd @ Don Julian Rd 8. Azusa Ave @ Railroad St 9. Gale Ave Azusa Ave

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RD CURRIER RD

GALE AVE

GALE AVE ROWLAND STO SAN JOSE
AVE

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1" = 50' 1" = 40' 1" = 80'

10. Gale Ave @ Stoner Creek Rd 11. Fullerton Rd @ Rowland St/ 12. Lemon Ave @ ( Currier Rd/ Business Pkwy Legend San Jose Ave
Direction of Wired
Direction of Solar
summ camera
camera
Condult
Direction of Wired

LICENSE PLATE READER (LPR) PROJECT
2omm Camera
Prepared by: Martin Campos Alonso
Boundary
LOCATION MAP 255 N Hocienda Bird | Ste 222
abinet and Mete
ACNC City of Industry | CA | 91744

GRAND BAKER PKWY GRAND

PKWY CROSSING INDUSTRY
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CROSSING GRAND BAKER
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13. Baker Pkwy Grand Crossing Pkwy 14. Grand Ave @ Baker Pkwy/Industry Way
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Chundary
Traffic Signal
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LICENSE PLATE READER (LPR) PROJECT
Prepared by: Martin Campos Alonso
LOCATION MAP 255 N Hacienda Bird | Ste 22
ACNC City of Industry ICA 1 9174
ENGINE

CITY COUNCIL
ITEM NO. 5.6

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Chris Lum, Construction Manager, CNC Engineering
DATE: February 23, 2023
SUBJECT: Consideration of Closeout Change Order No. 5 and Notice of Completion for Contract No.

CITY-1460 Arenth Avenue Improvements, from Phillips Drive to Nogales Street

BACKGROUND
On January 14, 2021, the City Council awarded Contract No. CITY-1460 Arenth Avenue Improvements from Phillips Drive to Nogales Street, in the amount of $4,787,441.34, and authorized the City Manager to approve change orders up to 10 percent of the contract. This project consisted of removing existing asphalt concrete pavement and aggregate base and replacing it with cold central- plant recycled asphalt concrete pavement. The work also included curb and gutter repair, sidewalk installation, guard rail installation, drainage improvements, signing and striping and street lighting.

DISCUSSION
As of March 3, 2022, the City Manager approved Change Order No. 1 in an amount totaling $8,625.00.

Change Order No. 1 - Costs in the amount of $8,625.00 were approved to remove a large eucalyptus tree that had its root system compromised during excavation and replace it with a 24-inch box tree Cercis Forest Pansy.

As of March 3, 2022, the City Manager approved Change Order No. 2 in an amount totaling $14,090.00.

Change Order No. 2 - Costs in the amount of $14,090.00 were approved to install new valves, switch hitters, landscape edging and repair nonoperational valves.

As of May 26, 2022, the City Manager approved Change Order No. 3 in an amount totaling $7,960.00.

Change Order No. 3 - Costs in the amount of $7,960.00 were approved to remove and reconstruct a catch basin top and opening that was damaged by a semitrailer truck.

As of October 13, 2022, the City Manager approved Change Order No. 4 in an amount totaling $19,953.92.

Change Order No. 4 - Costs in the amount of $19,953.92 were approved to install an additional three 15KV load break junction bars and three 2/0 elbows in an existing energized manhole as well as furnish Burndy connectors to connect the wires in the pull boxes.

Final Field quantities have been measured and verified.

Change Order No. 5 - Final quantities have been completed and the underruns and overruns are as follows:

Underruns - (represented in parentheses)
Bid Item No. 4 - Cold Central Plant Recycled AC Pavement, $46.00/TON x 2450.22/TON = ($112,710.12)
Bid Item No. 5 - Emulsified Recycling Agent, $510.00/TON × 92.09/TON = ($46,965.90) Bid Item No. 6 - Gement Stabilized Pulverized Subgrade, $6.00/SY × 1,470.43/SY = ($8,822.58) Bid Item No. 7 - Portland Cement for CSPS, $152.00/TON x 367.14/TON = ($55,805.28) Bid Item No. 8 - Portland Cement for CCPRACP, $152.00/TON × 12.02/TON = ($1,827.04) Bid Item No. 9 - 2 Sack Concrete Slurry Cement for Shallow Utility, $200.00/CY x 10/CY = ($2,000.00)
Bid Item No. 10 - Sawcut and remove Curb and Gutter, $14.00/LF × 15/LF = ($210.00) Bid Item No. 11 - Sawcut and remove driveway/sidewalk, $6.00/SF × 365.5/SF = ($2,193.00) Bid Item No. 14 - Unclassified Excavation, $14.00/CY × 738/CY = ($10,334.80) Bid Item No. 17 - Construct A2 Curb and Gutter, $42.00/LF x 62.5/LF = ($2,625.00) Bid Item No. 20 -- Construct sidewalk, $9.00/SF x 109.89/SF = ($989.01) Bid Item No. 21 - Reconstruct Existing CSD Sewer Manhole, $1,700/EA x 6/EA = ($10,200) Bid Item No. 25 - Sawcut, Remove & Reconstruct Catch Basin, $24.00/SF x 72/SF = ($1,728.00) Bid Item No. 27 - Furnish and Install Automatic Retractable Screen, $3,600.00/EA x 3/EA = ($10,800.00)
Bid Item No. 36 - 3M cold shrink QS-I|I inline cable splice kit, $555.00/EA x 5.8378/EA = ($3,239.98) Bid Item No. 41 - 1/0 AI XHHW 600V Cable, $1.85/LF × 1,694/LF = ($3,133.90) Bid Item No. 42 - #2 AL XHHW 600V Cable, $1.65/LF x 847/LF = ($1,397.55) Bid Item No. 43 -- In-Line Fuse Holder, $100.00/EA x 23/EA = ($2,300.00) Bid Item No. 45 - 1" DB 100 PVC Conduit, $35.00/LF × 580/LF = ($20,300) Bid Item No. 46 - #6 AI XHHW 600 Volt, $1.50/LF × 400/LF = ($600.00) Bid Item No. 50 - Conduit 3" DB 100 PVC, $4.50/LF × 507/LF = ($2,281.50) Bid Item No. 51 -- Trenching for primary power and fiber optics, $15.00/LF × 400LF = ($6,000.00) Bid Item No. 52 -- 4" PVC Schedule 40 Power conduits, $4.50/LF × 800/LF = ($3,600.00) Bid Item No. 53 - 4" PVC Schedule 40 Fiber optics conduit, $4.50/LF × 800/LF = ($3,600.00) Bid Item No. 54 - Encasement of power and fiber conduit, $25.00/LF x 400LF = ($10,000.00) Total Amount of Underruns = ($323,663.66)
Overruns -
Bid Item No. 3 - Existing AC Pavement Removal, $9.00/TON x 1,595/TON = $14,355.00 Bid Item No. 15 - Unclassified Excavation Export, $83.00/CY × 675.904/CY = $56,100.00 Bid Item No. 16 - Construct AC Pavement, $71.00/TON x 2,748.59 = $195,149.89 Bid Item No. 18 - Construct PCC Retaining and transition Curb, $48.00/LF x 29/LF = $1,392.00 Bid Item No. 19 -- Construct PCC Driveway, $13.00/SF × 186.50/SF = $2,424.50 Bid Item No. 22 - Install Detectable Warning Surface, $50.00/SF x 72/SF = $3,600.00 Bid Item No. 24 - Adjust Existing Water Valve and Cover to Grade, $600/EA x 1/EA = $600.00 Bid Item No. 26 - Furnish and install Connector Pipe Screen, $1,000.00/EA x 4/EA = $4,000.00 Bid Item No. 28 - Adjust Water Meter to Grade, $1,000.00/EA x 10/EA = $10,000.00 Bid Item No. 31 - Remove Existing Metal Bollard Post, $250.00/EA x 2/EA = $500.00 Bid Item No. 35 - 15,000 - Volt, 2/0 Aluminum, 220 mil EPR, $4.75/LF x 7,875/LF = $37,406.25 Bid Item No. 44 - 13" × 24"x 12" Box Jenson HT1324, $1,000.00/EA × 3/EA = $3,000.00 Bid Item No. 59 -- Soil Preparation, $0.35/SF x 4,823/SF = $1,688.05 Bid Item No. 60 - Fine Grade, $0.15/SF × 4,823/SF = $723.45 Bid Item No. 61 - Weed Control/ Abatement, $0.01/SF x 4,823/SF = $48.23 Bid Item No. 64 - 1 Gallon Shrubs, $7.00/EA x 92/EA = $644.00 Bid Item No. 65 - Replacement Sod, $2.00/SF x 270/SF = $540.00 Total Amount of Overruns = $332,171.37
Total Amount for Closeout Change Order No. 5 is $332,171.37 - ($323,663.66) = $8,507.71 As of January 17, 2023, Staff has determined that all work has been completed.

Table 1 - Summary of Extra Costs
Contract Amount $4,787,441.34
Change Order No. 1 $8,625.00
Change Order No. 2 $14,090.00
Change Order No. 3 $7,960.00
Change Order No. 4 $19,953.92
Closeout Change Order No. 5 $8,507.71
Revised Project Cost $4,846,577.97

FISCAL IMPACT
The revised contract amount including Change Order Nos. 1 - 5 totals $4,846,577.97. In the adopted Fiscal Year 2021/2022 Capital Improvement Project budget, $5,000,000.00 was approved for this project. In the adopted Fiscal Year 2022/2023 Capital Improvement Project budget, $730,000.00 is approved, and $332,157.00 has been spent to date (Account No. 120-702-5205, MP 14-12 #2). No appropriations are required. Additionally, the City Council authorized the City Manager to approve change orders up to ten percent of the contract amount. Change orders to date total $59,136.63, which represents 1.24% of the contract amount.

RECOMMENDATION

1. Approve and execute Closeout Change Order No. 5 in the amount of $8,507.71; and L. Accept the work pertormed by PALP, Inc dba Excel Paving Company in the amount of $4,846,577.97; and

3. Authorize the Mayor or her designee to execute the Notice of Completion attached here as Exhibit B; and

4. Authorize the City Clerk to file a Notice of Completion for this project.

Attachments
A. Closeout Change Order No. 5
B. Notice of Completion

ATTACHMENT A

CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
626333-2211 Change Order No. 5
Arenth Avenue Improvements from
Project. Phillips Drive to Nogales Street Contract No. CITY-1460 Date 2/23/2023 Type
Project. Street Improvements. Contractor. Excel Paving Co Arenth Avenue from Phillips Drive to Nogales Street, City of Location Industry
Explanation:
_Underruns and overruns.

Extra Work by: X
Contract Items Negotiated T & M
The contractor is hereby directed to perfor all labor and to provide all materials nacessary to carry out the work described below:

ITEM UNIT TOTALS ($)
NO. ITEM QUANTITY PRICE +
1 Underruns 1 ($323,663.66) $ (323,663.66)
1 Overruns 1 $332,171.37 $ 332,171.37
TOTAL COST $ 8,507.71

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment.per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 4,787,441.34 Total T & M $
Total Previous Change Orders $ 50,628.92 1.06%
Pay This
Total Change Orders $ 59,136.63 1.24% CHANGE ORDER $ 8,507.71 0.18% Additional Contract Days 0
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total fest inches pom pensation for any delay in the preparation of this change order and the time to complete the specified work. failede 02/09/23
Confractor Representative Date Joshua Nelson - City Manager sum as 02/13/202
Mathew Hudson, Engineering Manager Date Chris tum - Construction Manager Date CITY-1460 - Change Order No. 5 - C. Lum

ATTACHMENT B

CITY OF INDUSTRY
Civic-Recreational-Industrial Authority
• Industry Public Utilities Commission
Successor Agency to the Industry Urban-Development Agency 15625 Mayor Dave Way, City of Industry, CA 91744
Notification of Construction Completion
Arenth Avenue Improvements from
Project: Phillips Drive to Nogales Street Date: February 23, 2023 Contract Contract No.: CITY-1460
Contractor: PALP, dba Excel Paving Co.

As a result of an inspection conducted on 01/17/2023 the contractor's construction work has been completed in accordance with the contract documents, with the exception of the items noted below:

Acceptance of completed construction work shall not relieve the contracter from other requirements of the contract documents.

Accepted by
Contractor Darryl Rutledge General Manager 02/02/2023
Printed Name Signature Date
Recommended by
Project Engineer Upendra Joshi ~ Project Engineer 2/03/23 Printed Name
Recommended by
Project Inspector William Rojas B. Rozis g8 Project Inspector Printed Name Signatur Title Date
Recommended by
Project Manager Chris Lum Jum/as Construction Manager 09/132023 Printed Name Signature Title
Recommend by
Public Agency Mathew Hudson Engineering Manager
Printed Name Signature Title Date
Approved by
Public Agency Joshua Nelson City Manager
Printed Name Signature Title Date

CITY COUNCIL
ITEM NO. 5.7

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Gerardo Perez, Senior Construction Manager, CNC Engineering
DATE: February 23, 2023
SUBJECT: Consideration of Notice of Completion for the 2021-2022 Cleanout of Stormwater Treatment Devices, Contract No. CITY-1483, (informal) with United Storm Water, Inc.

BACKGROUND
On May 2, 2022, the City Manager awarded Contract No. CITY-1483, 2021-2022 Cleanout of Stormwater Treatment Devices, in the amount of $153,125.00, to United Storm Water, Inc. This project consisted of removing and disposing of accumulated solids by vacuum from 107 storm water treatment devices at various locations throughout the City.

DISCUSSION
On January 26, 2023, the City Council approved Change Order No. 1 and 2 in the total amount of $69,540.75 for the following:

Change Order No. 1 -- Costs in the amount of $4,125.00 were approved to clean out an existing pump station at Grand Crossing Parkway.

Change Order No. 2 -- Costs in the amount of $65,415.75 were approved to clean out 513 City owned catch basins including GPS.

As of January 4, 2023, Staff determined that all stormwater treatment devices and catch basins have been cleaned out, including GPS.

FISCAL IMPACT
Table 1 - Summary of Extra Costs
Contract Amount $153,125.00
Change Order No. 1 $4,125.00
Change Order No. 2 $65,415.75
Revised Project Cost $222,665.75
The fiscal impact for Change Orders Nos. 1 and 2 total $69,540.75. In the adopted Fiscal Year 2022/2023 Capital Improvement Project budget, $225,000.00 is approved for this project (Account No. 107-300-5205) (MP 21-07) and no appropriations are required. Change Orders total $69,540.75 which represents 45.41% of the contract.

RECOMMENDATION

1.) Accept the work performed by United Storm Water, Inc. in the amount of $222,665.75; and

2.) Authorize the Engineering Manager or his designee to execute the Notice of Completion attached here as Exhibit A; and

3.) Authorize the City Clerk to file a Notice of Completion for the Project Attachments
A. Notice of Completion

CAT OF DUSTRI

As a result of an inspection conducted on 01/17/2023 the contractor's construction work has been completed in accordance with the contract documents, with the exception of the items noted below:

Acceptance of completed construction work shall not relieve the contractor from other requirements of the contract documents.

Accepted by
Contractor Ramon Menjivar RamonM Sales Manger 2/6/2023
Printed Name Signature Title Date
Recommended by
Project Engineer Ernest Saucedo Project Engineer 02/07/2023 Printed Name Title Date
Recommended by
Project Inspector Ashcon Malganji Project Inspector 02/07/2023 Printed Name Title Date
Recommended by
Project Manager Gerardo Perez S Sr Construction Manager 2.1.23 Printed Name Signature Title Date
Recommend by
Public Agency Mathew Hudson Matish Engineering Manager 2/7/23 Printed Name Signature Date
Approved by
Public Agency Joshua Nelson City Manager 217/33
Printed Name Title

CITY COUNCIL
ITEM NO. 5.8

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Gerardo Perez, Senior Construction Manager, CNC Engineering
DATE: February 23, 2023
SUBJECT: Consideration of Change Order Nos. 8, 9, 10, 11, and Closeout Change Order No. 12 in the amount of $15,480.95, and Notice of Completion for Contract No. CITY-1456, Site Plan for Sheriff's Trailer

BACKGROUND
On January 9, 2020, the City Council awarded Contract No. CITY-1456, Site Plan for Sheriff's Trailer, to MVC Enterprises, Inc., in the amount of $1,835,702.54. On December 21, 2021, the City Council terminated this contract with MVC Enterprises, Inc. On March 10, 2022, the City Council approved a Takeover Agreement with the surety company, Arch Insurance Company. The project is located on the vacant parcel adjacent to the existing Sheriff's trailer modular offices at 15530 Stafford Street. The improvements consisted of grading the vacant parcel, construction of an asphalt concrete parking lot, concrete curb and gutters, landscaped islands, infiltration trenches and basins, drainage pipes, sewer laterals and new electrical services. Also, part of this contract included procurement and installation of seven (7) 12-foot by 60-foot modular office trailers including their foundation systems. Landscape and irrigation were also included.

DISCUSSION
On August 13, 2020, the City Council approved Change Order No. 1 in the amount of $149,740.00.

Change Order No. 1 - Costs in the amount of $149,700.00 were approved for costs incurred when the subcontractor for the modular trailers would not enter into a contract with the Contractor due to the current COVID-19 virus affecting supply chains and labor cost escalations. The Contractor was required to use a new subcontractor but had to pay a higher cost for the modular trailers. On March 25, 2021, the City Council approved Change Order No. 2, 3 and 4 in the total amount of $93,455.18 as follows;
• Change Order No. 2 - Costs in the amount of $40,297.00 were approved for revisions to the final Southern California Edison ("SCE") electrical plans for trench and encasement changes • Change Order No. 3 - Costs in the amount of $10,303.93 for removal an unforeseen concrete slab approximately 15 feet by 60 feet and 12-inches thick. • Change Order No. 4 - Costs in the amount of $42,854.25 for revisions to the modular trailers for revisions requested by the Sheriff's Dept. and IPU which included upgrading the subpanels from 125 Amps to 150 Amps.

On December 12, 2022, the City Council approved Change Orders Nos. 5 through 7 in the total amount of $245,404.60;
• Change Order No. 5 - Costs in the amount of $131,377.73 for installation of electrical conduits and conductors connecting the main electrical panel to the modular trailer subpanels.

An RV trailer power pedestal was also added, and the 400-amp panel was upsized to a 600- amp panel.
• Change Order No. 6 - Costs in the amount of $60,893.21 for construction of a new trash enclosure required by Building and Safety.
• Change Order No. 7 - Costs in the amount of $53,133.66 for removal of concrete curbs, construction of curbs around the ramps and electrical panel including the concrete pad, construction of a concrete pad below the ramp on the southside of the modular trailers, installation of a drain line and irrigation line, miscellaneous plumbing and installation of 6 each 6- inch diameter bollards
During construction, the Contractor was asked to submit costs for items required to complete the project. As of January 30, 2023, the Engineering Manager reviewed the following change orders for completeness and accuracy:
• Change Order No. 8 - The Contractor was asked to submit a cost proposal for installation of a data pull box for future IT cable to be run from the existing Sheriffs' trailer to the new modular offices. The Contractor also submitted a cost to install a light fixture on the east side of the building to illuminate the RV station. The total amount for this work is $3,181.20. • Change Order No. 9 - After the trailers were installed, Staff noticed that condensation from the top of the trailers was staining the corners. It was decided to install rain gutters and down drains to prevent staining and damage to the corners of the new building. The total cost for gutters and down drains is $2,530.00.
• Change Order No. 10 - The original construction set of plans, do not address the area between the back of curb and the building. In lieu of installing landscaping, which could potentially damage the building, it was decided to install weed barrier and ¾" rock on three sides of the trailer to prevent weeds and minimize maintenance. Total amount for this work is $8,869.75.
• Change Order No. 11 - After installation of the northerly ramps and railing, it was necessary to make revisions to the trailer ramps, stairs and landing railing configuration to comply with ADA requirements. The cost to make these revisions total $2,200.00.

Final field quantities have been measured and verified. • Change Order No. 12 - Final quantities have been completed and the underruns and overruns are as follows:

Underruns - (represented in parentheses)
Bid Item No. 83 - Secure LA County Geo & Material Permit, $9,500.00/LS x 1 LS = ($9,500.00) Bid Item No.84 - Secure LA County Electrical, Mechanical, Plumbing permit, $4,500.00/LS × 1 LS = ($4,500.00)
Bid Item No. 85 - Secure Fire Department Approval - $4,500.00/1 LS x 1 LS = ($4,500.00) Bid Item No. 94 - Furnish & Install 400 Amp Panel $7,200.00/EA x 1 EA = ($7,200.00) Total Amount of Underruns = ($25,700.00)
Overruns -
Bid Item No. 6 - Unclassified Excavation (Export) $25/CY x 976 CY = $24,400.00 Total Amount of Overruns = $24,400.00
Total Deductive Cost of Change Order No. 12 is ($1,300.00).

As of January 25, 2023, Staff has determined that all site work and installation of 7 each modular trailers has been completed.

Table 1 - Summary of Extra Costs
Contract Amount $1,835,702.54
Change Order No. 1 $149,740.00
Change Order No. 2 $40,297.00
Change Order No. 3 $10,303.93
Change Order No. 4 $42,854.25
Change Order No. 5 $131,377.73
Change Order No. 6 $60.893.21
Change Order No. 7 $53,133.66
Change Order No. 8 $3,181.20
Change Order No. 9 $2,530.00
Change Order No. 10 $8,869.75
Change Order No. 11 $2,200.00
Change Order No. 12 ($1,300.00)
Revised Project Cost $2,339,783.27

FISCAL IMPACT
The revised contract amount including Change Order Nos. 1 through 12 totals $2,339,783.22, and Change Orders Nos. 5 through 12 total $260,885.55. In the adopted Fiscal Year 2022/2023 Capital Improvement Project budget, $350,000.00 is approved for this work (Account No. 120-723-5205) (Contract No. CITY-1456 & Project No. CIP-FAC-19-049-B) and no appropriations are required. The Change Orders to date total $504,080.73 which represents 27.46% of the contract.

RECOMMENDATION
1) Approve Change Order No. 8 in the amount of $3,181.20 and authorize the Mayor to execute the approved change order;
2) Approve Change Order No. 9 in the amount of $2,530.00 and authorize the Mayor to execute the approved change order and;
3) Approve Change Order No. 10 in the amount of $8,869.75 and authorize the Mayor to execute the approved change order
Approve Change Order No. 11 in the amount of $2,200.00 and authorize the Mayor to execute the approved change order
5) Approve Deductive Change Order No. 12 in the amount of ($1,300.00) and authorize the Mayor to execute the approved change order
6) Accept the work performed by the surety company, Arch Insurance, in the amount of $2,339, 783.27; and 7) Authorize the Mayor of her designee to execute the Notice of Completion attached here as Exhibit B; and 8) Authorize the City Clerk to file a Notice of Completion for this project.

Attachments
A. Change Order No. 8
B. Change Order No. 9
C. Change Order No. 10
D. Change Order No. 11
E. Closeout Change Order No. 12
F. Notice of Completion

ATTACHMENT A

CITY OF INDUSTRY CHANGE ORDER
15625 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 8
CIP-FAC-19-049-
Project Site Plan for Sheriff's Trailer Contract No. B/CITY-1456 Date February 23, 2023 Type Parking Lot Construction and Trailer
Project Procurement and Installation Contractor Arch Insurance Location 15530 Stafford Ave.

Explanation:

Install data pullbox for future IT cable run from existing Sheriff's trailer and photocell exterior light fixture on the eastside of the building to illuminate the RV pedestal.

Extra Work by: X
Contract Items Negotiated T & M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:

ITEM UNIT TOTALS ($)
NO ITEM QUANTITY PRICE +
1 Data pullbox & exterior light fixture 1 $3,181.20 $3,181.20 TOTAL COST $3,181.20

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,835,702.54 Total T & M $
Total Previous Change Orders $ 488,599.78 26.62%
Pay This
Total Change Orders $ 491,780.98 26.79% CHANGE ORDER $3,181.20 0.17% Authorized by. Additional Contract Days 2
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total cost includes compensation for an delav in the preparation of this change order and the time to complete the specified work. 177/03
Date Joshua yo sona, City Manager Date
2/1/23 marda 2•1.23
Mathew Hudson, Engineering Manager Date Gerardo Perez, Construction Manager Date CITY-1456 - Change Order No. 8
10135 Geary Ave
Santa Fe Springs, CA 90670
Phone (562) 236-5000
EST 1896

KEMP BROS

CONSTRUCTION
Change Order Request
COR Subject: hotocell Light Fixture & revisions to L
Sheriff Station ceway infrastructu
COR Number: 005 T
To Gerry Perez COR Revision Number:

CNC Engineering COR Date: 10/11/2022
Perez CNC Engineering Work Type
Days Valid 00
Return To Nigel Chalmers, Kemp Bros. Construction, Inc. 10135 Geary Ave, Santa Fe Springs, CA 90670
562-236-5000
Scope Of Work / Time Extension Request
Costs associated with Photocell Light Fixture & revisions to LV raceway infrastructure in accordance with Owner 10/5/22 Jobwalk/Mtg request.

Details
Cost Qty
Description / Rate / Hrs Workers Ext
Labor Classification $ -
Hrs
Equipment - $
Unit
Material - $ -
Unit
Subcontractors
Mel Smith COR 07- Provide (1) LED $699.00 1.00 - $699.00 exterior photocell fixture
Mel Smith COR 08- Provide (1) 2x3' $2,193.00 1.00 $2,193.00 hand-hole pull box at Trailer exterior
along with (2) 3" conduits from pull
box to trailer data room stub outs
Cost Qtyl
Description / Hrs Workers Ext
/ Rate
Breakout
Labor: $0.00
Gross Margin Percent @ 20% $0.00
Equipment: $0.00
Gross Margin Percent @ 15%: $0.00
Material: $0.00
Gross Margin Percent @ 15%: $0.00
Subcontractors Total: $2,892.00
On 1st $5K @ 10%: $289.20
On Remain @ 5%: $0.00
Total: $3,181.20
Reservation of Rights
This COR does not include any amount for impacts such as interference, disruptions, rescheduling, changes in the sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for any of these items.

Signed By: Dated: 10/11/2022
Nigel Chalmers
Project Executive
Mel Smith COR 07
MSE City of Industry LASD Office Trailers
COR 7 Provide and Install LED Wall Pac Light Fixture on Exterior of Office Trailer Over RV Pedestal Light to be Controled by Photo Cell for Dusk to Dawn Operation Material
LED Wall Pac Light Fixture 1 $ 225.00 $ 225.00
1/2" Flex Conduit Per Ft. 25 $ 1.37 $ 34.25
1/2" St Flex Conn. Ea. 2 $ 0.53 $ 1.06
#12 Solid Cu Wire Per Ft. 75 $ 0.20 $ 15.00
Silicone Sealent 1 $ 13.98 $ 13.98
4SJ Box with Blank Cover Ea. 1 $ 10.70 $ 10.70
Wire Connerctors Ea 3 $ 0.12 $ 0.36
Misc. Screws for Mounting Lot $ 1.12 $ 1.12
Material Subtotal $ 301.47
Sales Tax 9.50% $ 28.64
Subtotal $ 330.11
Labor

2.5 2.5 $ 111.22 $ 278.05
Subtotal $ 608.16
Markup 15% $ 91.22
Total Cost This COR $ 699.38
Mel Smith COR 08
MSE City of Industry LASD Office Trailers
COR 8 Provide and Install 2'x 3' Concrete Hand Hole Pull Box Over LV Conduits at New Office Trailer and Install and conect 2 × 3" PVC LV Conduits from 2'x 3' Hand hole Pullbox to Data Room Stub Outs Material
3" Sch 40 PVC Conduit Per Ft. 30 $ 5.93 $ 177.90
3" PVC Conduit FA Conn. Ea. 4 $ 2.61 $ 10.44
3" Sch 40 PVC 90 x 24" Degree Elbows Ea. 2 $ 66.95 $ 133.90 3" Sch 40 PVC 45 x 24" Degree Elbows Ea. 2 $ 66.95 $ 133.90 3" Sch 40 PVC Coup. Ea. 6 $ 2.03 $ 12.18
3" Flex Conduit Per Ft. 10 $ 11.52 $ 115.20
3" St. Flex Conn. Ea. 4 $ 20.80 $ 83.20
2'x 3' Concrete Hand Hole Pull Box with Steel Lid Ea. 1 $ 385.00 $ 385.00 3/4 Rock Per Bag 1 $ 13.75 $ 13.75
Pull Rope Per Ft. 50 $ 0.22 $ 11.00
PVC Glue Qt Can 1 $ 18.30 $ 18.30
Material Subtotal $ 1,094.77
Equipment
Mini Excavator Rental Per Hr. 3 $ 12.55 $ 37.65
Subtotal $ 1,132.42
Sales Tax 9.50% $ 107.58
Subtotal $ 1,240.00
Labor
6 Hrs. 6 $ 111.22 $ 667.32
Subtotal $ 1,907.32
Markup 15% $ 286.10
Total Cost This COR $ 2,193.42

ATTACHMENT B

CITY OF INDUSTRY CHANGE ORDER
15625 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 9
CIP-FAC-19-049-
Project Site Plan for Sheriff's Trailer Contract No. B/CITY-1456 Date February 23, 2023 Type Parking Lot Construction and Trailer
Project Procurement and Installation Contractor Arch Insurance Location 15530 Stafford Ave.

Explanation:

Install rain gutter and down drains on the front and back of the trailers to prevent staining and damage to the corners of the building.

Extra Work by: X
Contract Items Negotiated T& M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:

ITEM UNIT TOTALS ($)
NO. ITEM QUANTITY PRICE +
1 Install rain gutters & downdrains 1 $2,530.00 $2,530.00 TOTAL COST $2,530.00

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,835,702.54 Total T & M $
Total Previous Change Orders $ 491,780.98 26.79%
Pay This
Total Change Orders $ 494,310.98 26.93% CHANGE ORDER $2,530.00 0.14% Authorized by. Additional Contract Days 2
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total cost includes compensation for an delav in the preparation of this change order and the time to complete the specified work. 02/06/23 2722
Date Joshua Neisen, City Manager Date
2/7/23 rardo 2-6.23
Mathew Hudson, Engineering Manager Date Gerardo Perez, Construction Manager Date CITY-1456 - Change Order No. 9
10135 Geary Ave
Santa Fe Springs, CA 90670
KB Phone 562) 236-5000
EST 1896

KEMP BROS

CONSTRUCTION
Change Order Request
COR Subject: Seamless Gutters
Sheriff Station
COR Number: 006T
To Gerry Perez COR Revision Number:

CNC Engineering COR Date: 11/17/2022
Perez CNC Engineering Work Type 0
Days Valid 00
Return To Nigel Chalmers, Kemp Bros. Construction, Inc. 10135 Geary Ave, Santa Fe Springs, CA 90670
562-236-5000
Scope Of Work/ Time Extension Request
Costs associated with Owner request to add seamless rain gutters and associated downspout piping at North and South elevations of trailer
Details
Cost Qty Ext
Description / Hrs Workers
/ Rate
Labor Classification $ -
Hrs
Labor Classification $
Hrs
Labor Classification $
Hrs
Equipment $
Unit
Equipment $
Unit
Equipment $
Unit
Material $
Unit
Material $
Unit
Cost Qty
Description / Hrs Workers Ext
/ Rate
Material $
Unit
Subcontractors
Armenta Rain Gutter $2,300.00
Subcontractor Name & COR No. $0.00
Subcontractor Name & COR No. $0.00
Subcontractor Name & COR No. $0.00
Subcontractor Name & COR No. $0.00
Breakout
Labor: $0.00
Gross Margin Percent @ 20% $0.00
Equipment: $0.00
Gross Margin Percent @ 15%: $0.00
Material: $0.00
Gross Margin Percent @ 15%: $0.00
Subcontractors Total: $2,300.00
On 1st $5K @ 10%: $230.00
On Remain @ 5%: $0.00
Total: $2,530.00
Reservation of Rights
This COR does not include any amount for impacts such as interference, disruptions, rescheduling, changes in the sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for any of these items.

Signed By: Dated: 11/17/2022
Nigel Chalmers
Project Executive
ARMENTA RAINGUTTER 714-865-6146
Cleaning, Installations, Repairs 714-559-0637
(714) 885-4154
CALL DATE:

NAME:

STREET: 15530 Standteal St ESTIMATE DATE: 11//1/22
CITY: Hacienda Hashite city of InlutM INSTALL DATE:

CELL:

HOME/CELL:

E-MAIL:

ETGUTTER 170 @ 230 Total S CUSTOM MITER RAIN GUTTER COLOR Inside. /Outside /otal-
white
_ 1 Story D.S. @ 50 Total $. BOX MITERS
Inside. /Outside Rotal -
2 Story D.S. @ Total $. LEADER HEADS DOWN SPOUT COLOR
_3 Story D.S. @ Total $ • Copper Aluminum Qty
White
2x3 •3 Round $
How did you Hear About us
Next Schedule Appt Cleaning
L LEAFGUARD R Total S
•Truck •Google
GUTTER REM A. @. Total S. Date B-annually
•Yelp • Bing
I DRIP EDGE Total $. $ Annually
•other

GUTTER STYLE
B •5 • 6'
L 5' 6' 1/2 ROUND
• 5 6' ANGLE FACE
10 % 0506 L BOX GUTTER

GUTTER TYPE
R

PAYMENT OPTIONS
SUBTOTAL $
wart 20) DISCOUNTS $ 2, 30 0
85 TOTAL $
DEPOSIT $
DATE: 11/17/22
lents Signature:

ATTACHMENT C

CITY OF INDUSTRY CHANGE ORDER
15625 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 10
CIP-FAC-19-049-
Project Site Plan for Sheriff's Trailer Contract No. B/CITY-1456 Date February 23, 2023 Type Parking Lot Construction and Trailer
Project Procurement and Installation Contractor Arch Insurance Location 15530 Stafford Ave.

Explanation:

Install weed barrier and 3/4-inch rock on the sides of the modular office Extra Work by:, X
Contract Items Negotiated T & M
The contractor Is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:

ITEM UNIT TOTALS ($)

NO ITEM QUANTITY PRICE
1 Install weed barrier & 3/4-inch rock 1 $8,869.75 $8,869.75 TOTAL COST $8,869.75

T& M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,835,702.54 Total T & M $
Total Previous Change Orders $ 494,310.98 26.93%
Pay This
Total Change Orders $ 503,180.73 27.41% CHANGE ORDER $8,869.75 0.48% Authorized by Additional Contract Days 3
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total cost includes compensation for an dalav in the reparation of this change order and the time to complete the specified work. 02/06/23
2/7/23
Contactor Repregepfative Date Joshua alson, City Mapager Date 2/1/23 nado 2. 6•28
Mathew Hudson, Engineering Manager Date Gerardo Perez, Construction Manager Date CITY-1456 - Change Order No. 10
10135 Geary Ave
Santa Fe Springs, CA 90670
Phone (562) 236-5000
EST 1896

KEMP BROS

CONSTRUCTION
Change Order Request
Sheriff Station COR Subject: Owner Request to add Filter Fabric and Rock at Trailer
COR Number: 007-T
To Gerry Perez COR Revision Number:

CNC Engineering COR Date: 12/9/2022
Perez CNC Engineering Work Type
Days Valid
Return To Nigel Chalmers, Kemp Bros. Construction, Inc. 10135 Geary Ave, Santa Fe Springs, CA 90670
562-236-5000
Scope Of Work/ Time Extension Request
Costs associated with grading for and adding filter fabric and 3/4" rock at the Trailer perimeter all as requested T&M on 11/22/22.

Details
Cost Qty
Description / Hrs Workers Ext
/ Rate
Greg Ruiz Carpenter FM $125.00 16.00 1.00 $ 2,000.00
Hrs
Saul Correa Labor JM $115.00 16.00 1.00 $ 1,840.00
Hrs
Material- 3/4" gravel incld freight $570.39 1.00 West Coast Sand & Gravel $ 570.39 Unit
Material-Mirafi 140N $236.26 1.00 WhiteCap $ 236.26
Unit
Subcontractors
Howard COR 07 $3,031.00 1.00 - $3,031.00
Breakout
Labor : $3,840.00
Gross Margin Percent @ 20% $768.00
Equipment: $0.00
Gross Margin Percent @ 15%: $0.00
Cost Qtyl
Description / Hrs Workers Ext
/ Rate
Material: $806.65
Gross Margin Percent @ 15% J $121.00
Subcontractors Total: $3,031.00
On 1st $5K @ 10%: $303.10
On Remain @ 5%: $0.00
Total: $8,869.75
Reservation of Rights
This COR does not include any amount for impacts such as interference, disruptions, rescheduling, changes in the sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for any of these items.

Signed By: Dated: 12/9/2022
Nigel Chalmers
Project Executive
KC

KEMP TIME SHEET
Construction Services
EMPLOYEE # 557
EMPLOYEE NAME Greg Ruiz
WEEK ENDING November 25, 2022
PREPARED BY Bill Guth
11/19/22 11/20/22 11/21/22 11/22/22 11/23/22 11/24/22 11/25/22

SAT SUN MON TUE WED THURS FRI TOTAL
JOB# PAY ITEM CODE DESCRIPTION OT PT PT PT REG OT REG OT REG OT REGOT REGOT HOURS 41006 010 0111000 Job Access & oversite 8.0 8.0 #VALUE! 0/0
41006 900 90004-M Grade, Filter fabric & rock 8.0 8/0
0 / 0
0 / 0
0 / 0
0/0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
TOTALS 8.0 8.0 8.0 24.0
KC

KEMP TIME SHEET
Construction Services
EMPLOYEE # 102
EMPLOYEE NAME Saul Correa
WEEK ENDING November 25, 2022
PREPARED BY Bill Guth
11/19/22 11/20/22 11/21/22 11/22/22 | 11/23/22 11/24/22 11/25/22

SAT SUN MON TUE WED THURS TOTAL
JOB# PAY ITEM CODE DESCRIPTION OT PT PT PT REG OT REG OT REG OT REG OT REG OT HOURS 41006 011 016050 Remove temp fencing & clean-up 8.0 #VALUE! 010
41006 900 90004-M Grade, Filter fabric & rock 8.0 8/0
0 / 0
0 / 0
0/0
0 / 0
0 / 0
0/0
0 / 0
0/0
0/0
0 / 0
0 / 0
0 / 0
0 / 0
0/0
0 / 0
TOTALS 8.0 8.0 16.0
КС

KEMP TIME SHEET
Construction Services
EMPLOYEE# 557
EMPLOYEE NAME Greg Ruiz
WEEK ENDING December 2, 2022
PREPARED BY Bill Guth
11/26/22 11/27/22 11/28/22 11/29/22 11/30/22 12/01/22 12/02/22

SAT SUN MON TUE WED THURS TOTAL
JOB# PAY ITEM CODE DESCRIPTION От | PT PT PT REG OT REG OT REG OT REG OT REG OT HOURS 41006 010 0111000 Job Access & oversite 8.0 8.0 16/0
0/0
41006 900 90004-M Place Filter fabric and rock 8.0 810
0/0
0 / 0
0/0
0/0
0 / 0
0/0
0 / 0
0 / 0
0 / 0
0/0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
TOTALS 8.0 8.0 8.0 24.0

KEMP TIME SHEET
Construction Services
EMPLOYEE# 102
EMPLOYEE NAME Saul Correa
WEEK ENDING December 2, 2022
PREPARED BY Bill Guth
11/26/22 11/27122 11/28/22 11/29/22 11/30/22 12/01/22 12/02/22

SAT SUN MON TUE WED THURS FRI TOTAL
JOB# | PAY ITEM CODE DESCRIPTION от PT PT PT REG OT REG OT REG OT REG OT REG OT HOURS 41006 900 90004-M Place Filter fabric and rock 8.0 8/0
0/0
0/0
0 / 0
0/0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
0 / 0
TOTALS 8.0 8.0
P.O. Box 5067 Invoice Date Invoice#
VESTR Buena Park, CA 90622 11/23/2022
563400
TOAST Billing: (714) 522-4403
Fax: (714) 522-4524 DEC AP
SAND & GRAVEL INC.
www.wcsg.com
Customer 1619 Job 93313
KEMP BROS CONSTRUCTION INC. SURETY TAKEOVER PROJECT
10135 GEARY AVENUE 15530 Stafford Street
Santa Fe Springs, CA 90670 City of Industry, CA 91744
Ticket # Del. Date Reference # Line Description Qty Units Unit Price Amount 1922323 11/23/2022 3/4" GRAVEL 13.05 TN $29.25 $381.71
1922323 11/23/2022 MINIMUM FREIGHT 12.95 TN $11.77 $152.42 23339 $570.39
11006
GL
900-90004-M Owner COR 007-T
IRS Rigel Chutes

CALL FOR SERVICE IN CALIFORNIA, NEVADA, AND ARIZONA SUB-TOTAL $534.13
Los Angeles | Ventura | Orange | Inland Empire (800) 522-0282 SALES TAX $36.26
Central California | Northern California (800) 734-3053 MINING TAX $0.00
San Diego County (800) 266-2837
TOTAL DUE $570.39
Palm Springs | Indio (866) 923-4772
DUE BY 12/10/2022
Arizona & Nevada (855) 522-0282
TERMS: NET DUE 10TH OF THE MONTH FOLLOWING DATE OF DELIVERY. A 1.5% FINANCE CHARGE PER MONTH ON THE UNPAID BALANCE SHALL BE CHARGED ON ALL ACCOUNTS 30 DAYS OR MORE PAST DUE.

ALL MATERIAL SALES ARE F.O.B. POINT OF ORIGIN AND TITLE PASSES TO BUYER PRIOR TO TRANSPORTATION.

Page 1 of 1 ends

•

INVOICE

WHITE CAP BRANCH ADDRESS INVOICE NUMBER
064 - AZUSA CA (PZ1) 10017191212
White Cap, L.P (626) 250-2860 INVOICE DATE
PO Box 4944, Oriando, FL 32802-4944 307 N. AEROJET AVE
AZUSA CA 91702 11/22/2022

LOS ANGELES CUSTOMER PO NUMBER
41006
ENROLLMENT TOKEN: VGD WOR WMW
TERRITORY: PLEASE REMIT PAYMENT TO:

SHIP TO: 10003965283 White Cap, L.P.

SOLD TO: 1375000 P.O. Box 6040
REPRIVED CYPRESS, CA 90630-0040
NOVEMBER 23, 2022
KEMP BROS. GEN. CONT. 41006
10135 GEARY AVE KEMP COMPANIES 15530 STANFORD ST
SANTA FE SPRINGS CA 90670-3253 INDUSTRY CA 91744
ORDER DATE ORDER NO. ORDERED BY ACCOUNT MANAGER TAKEN BY 11/22/2022 50058662 BILL GUTH PADILLA, JOHN C VAZQUEZ, KAVEN BRANCH ACCT JOB NO. TERMS SHIP VIA / ROUTING CUSTOMER JOB NO. 064 10003965283 2% 10TH NET 11TH 5. WALK IN 41006

EXTENDED TAX
LINE PART NUMBER DESCRIPTION aTY ORD UNIT PRICE OTY BKO QTY SHP PRICE AMT 1 157140NC4 MIRAFI 140NC (4.7' X 360) 167 SY/ROLL 214.29 RL 214.29 21.97 2 471CP40 k 40LB BAG CONCRETE PATCH ARDEX 69.99 BAG 0 69.99 7.16 3 52.49 EA 52.49 5.37
162HCFC2263 1"X8"X10" SDS PLUS BULLDOG XTREME

ROTARY HAMMER DRILL BIT BOSCH
Owner COR 007-T
VENDOR 23420 GROSS $371.27
41006 VISA

JOB RETENTION

G/L NET

DISCOUNT
COST CODE 011-015310-M
DUE APPROVED. Nigel Chalmos
The White Cap Family of Brands includes All Tex Waterproofing Solulions, Harmac, Kenseal, Marvel Building & Masonry Supply, MASONPRO and Williams Equipment & Supply. Learn more at About WhiteCap.com THESE ITEMS ARE CONTROLLED BY THE U.S. GOVERNMENT AND AUTHORIZED FOR EXPORT ONLY TO THE COUNTRY OF LTIMATE DESTINATION FOR USE BY THE ULTIMATE CONSIGNEE OR END-USER(S) HEREIN IDENTIFIED. THEY MAY NOT B

ESOLD TRANSEERRED OR OTHERWISE DISPOSED OF TO ANY OTHER COUNTRY OR ANY PERSON OTHER THAN TH

UTHORIZED ULTIMATE CONSIGNEE OR END-USERS), EITHER IN THEIR ORIGINAL FORM OR AFTER BEING INCORPORATED INTO OTHER ITEMS, WITHOUT FIRST OBTAINING APPROVAL FROM THE U.S. GOVERNMENT OR AS OTHERWISE AUTHORIZED BY U.S LAW AND REGULATIONS.

For questions regarding this invoice please call 1-866-857-0295. TOTAL GROSS 336.77 TOTAL TAX 34.50

O REFUNDS OR EXCHANGES ON NON STOCK MERCHANDIS TOTAL SHIPPING sit https://www.whitecap.com/terms/terms-conditions-of-sale-terms to vie 0.00 complete terms and conditions. AND HANDLING
SIGNATURE COPY ON FILE TOTAL INVOICE 371.27
RECEIVED BY:

Page 1 of 1 ends

INC. 900-90004-M - OWNER
General Engineering
Contractors
December 2, 2022
Kemp Bros Construction
10135 Geary Avenue
Santa Fe Springs, CA 90670
Attention: Nigel Chalmers
Project Executive
Reference: City of Industry Sheriff Station
Change Order Request # 7/#900-90004
Install T-Fabric and Rock
Nigel,
Howard Contracting submits the following Change Order Request for the above referenced project.

Per the owner #900-90004 install T-fabric and rock at trailer.

The following is a breakdown of additional costs associated with this change. 249 Skid Steer - (Rented) Quinn Rental - Bare $ 124.63 Lump Sum $ 1,495.56 Operating Engineer - Foreman Hrs $ 95.02 Per Hour $ 1,140.24 15% Mark Up 395.37
Total Change Order Request #07
Please issue a change order request in the amount of $3,031.00. Should you have any questions, please contact our office.

Sincerely,
/Éric Palacio
Project Manager
12354 Carson Street, Hawaiian Gardens, CA 90716 • (562) 596-2969 • FAX (562) 596-2926 10006 Rose Hills Road PLEASE MAKE REMITTANCE TO:

E
QUINN I CAT Rental Clty of Industry, CA 90601 QUINN COMPANY (562) 463-4000 PO Box 849865, Los Angeles, CA 80084-9665 STOR Ei www.quinncompany.com
Invoice No. 235450011
Invoice Date 11/30/2022
SALES/RENTAL INVOICE Payment Due Date
12/30/2022
Make : CATERPILLAR INC. $1,994.07
Amount Due
Model: 249D3
Payment Terms Net 30 Days
Serial No: 0WS500610
Equipment No: Credit Memo Amount
Customer Account No 309105
Machine ID No: 2021707 Meter Reading: 466,0
Contract No 235450
BILL TO: HOWARD CONTRACTING INC Customer PO Number PENDING Attention: Account Payable Please uso Romittance Advice on last page of this involca. 12354 CARSON ST SHIP TO: 15530 STAFFORD ST
HAWAIIAN GARDENS, CA 90716 INDUSTRY, CA. 91744

SHERRIFF'S SUB STATION
OSC: PAUL MARSHALL 562-447-5240
Customer Contact: STANLEY Quinn Sales Representative: JOHN VALADEZ Quinn Store Location: QRS CITY OF INDUSTRY, 10006 ROSE HILLS RD CITY OF INDUSTRY, CA 90601 Ph, 562-463-4050 INVOICE DETAIL Contract Number: 235450 Contract Date: 11/18/2022 Invoice Date: 11/30/2022 QTY DESCRIPTION DAY WEEK 4WEEK PRICE
ID NO: 2021707 SERIAL NO: OWS500610 $350 $1,100 $2,750 1,450.00 COMPACT TRACK LOADER 249 CAB - 249D3
HRS OUT: 453.0 CURRENT SMU: 466.0 Total: 13.0
ID NO: K37103 SERIAL NO: A4211BK21237 $0 $0 $0
SSL/MTLCTL BUCKET - GP 66" EDGE - SSL GP68E
Rental Subtotal: 1,450.00
Miscellaneous Items
DELIVERY 175.00
PICKUP 175.00
ENV REC FEE (T) 36.25
STATE SALES TAX 7.25 120.18
LA COUNTY TAX 2.25%
Invoice Total: 1,994.07
E, Go Paperless. To receive your invoices and statements electronically, please visit our website at quinncompany.com.

CARB REGULATIONS When operated in California, any on-road heavy-duty dlesel vehicle, allermalive-dlesel vehicle, off-road dlesel vehicle, or portable diesel engine may be subject to the California Air Resources Board's Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles, In-Use Off-Road Diesel Vehicle Regulation, or Arbore Toxic Control Measure For Diesel Particulate Matter From Portable Engines Rated Al 50 Horsepower And Greater. It therefore could be subject to retrofit, exhaust retrofit, or accelerated tumover requirements to reduce emissions of air pollutants. For more informatlon, please visit the California Air Resources Board websites at https://www.arb.ca.gov/dieseltruck, https://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm, or https://www.arb.ca.gov/portable/portabfe.htm.

TITLE It is understood and agreed that title to and right of possession of any rental items) above shall remain vested in the seller until any indebledness and all sums due or to become due from the customer, whether evidenced by note, book account, judgment or otherwise, shall have been fully paid, at which time ownership shall pass to the customer. Cllent warrants that the invoiced goods or services will be used for business or agricultural purposes and not for personal, family or household purposes.

A FINANCE CHARGE OF 1.5% PER MONTH (18% PER ANNUM) will be charged on the past due balance. The past due balance represents all charges remaining unpaid on the closing date of the month following the invoice date. in the event of default in the payment of any amount due, and if the account is placed in the hands of any agency or attorney for collection or legal action, the purchaser agrees to pay finance charges equal to the cost of collection (as permitted by laws governing these transactions). When necessary, Quinn will invoke Its repaiman's lien pursuant to Sections 3051 and 3051a of the California Civil Code. Acceptance by the customer of the parts, service or equlpment listed above is the customer's agreement to be bound by the credit and collection terms set forth above.

Bakersfield • City of Industry • Corcoran • Firebaugh • Foothill Ranch • Fresno indio • Lancaster • Oxna as Robles • Pomona • Riverside • Salinas • Santa Maria • Svimar • Tulare • Temecula • Victorville • Yuma./ Printed on Wednesday, November 30, 2022 4:13:57 PM by JorgeDlaz 235450011 Page 1 of 2

ATTACHMENT D

CITY OF INDUSTRY CHANGE ORDER
15625 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No._ 11
CIP-FAC-19-049-
Project Site Plan for Sheriff's Trailer Contract No. B/CITY-1456 Date February 23, 2023 Type Parking Lot Construction and Trailer
Project Procurement and Installation Contractor Arch Insurance Location 15530 Stafford Ave.

Explanation:

Revisions to the northerly trailer ramp, stairs and landing configuration to comply with ADA standards Extra Work by:_
Contract Items Negotiated T& M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:

ITEM UNIT TOTALS ($)
NO. ITEM QUANTITY PRICE +
1 Revisions to ramps per ADA 1 $2,200.00 $2,200.00
TOTAL COST $2,200.00

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,835,702.54 Total T & M
Total Previous Change Orders $ 503,180.73 27.41%
Pay This
Total Change Orders $ 505,380.73 27.53% CHANGE ORDER $2,200.00 0.12% Authorized by Additional Contract Days 1
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The lo dudes onesion ran a threaten of i has order and a in conta to patien work.

Date Joshua Nelsons, City Manager Date
2/7/23 лаот 2. 26.22
Mathew Hudson, Engineering Manager Date Gerardo Perez, Construction Managei Date CITY-1456 - Change Order No. 11
10135 Geary Ave
Santa Fe Springs, CA 90670
KB Phone (562) 236-5000
EST 1896

KEMP BROS

CONSTRUCTION
Change Order Request
COR Subject: Revisions to Trailer Ramp, Stair and
Sheriff Station Landing Railings
COR Number: 008-T
To Gerry Perez COR Revision Number: 0
CNC Engineering COR Date: 12/8/2022
Perez CNC Engineering Work Type
Days Valid 00
Return To Nigel Chalmers, Kemp Bros. Construction, Inc. 10135 Geary Ave, Santa Fe Springs, CA 90670
562-236-5000
Scope Of Work / Time Extension Request
Costs associated with necessary revisions to Trailer ramp, stair and landing railing configuration to meet ADA compliance, all in accordance with the response to RFI 011-T and Owner request dated 11/10/22 Details
Cost Qtyl
Description / Hrs Workers Ext
/ Rate
Labor Classification $ -
Hrs
Equipment - $
Unit
Material $
Unit
Subcontractors
Jettsyn Iron 12/8/22 proposal ADD $2,650.00 1.00 $2,650.00 Jettsyn Iron 12/8/22 proposal CREDIT ($650.00) 1.00 -$650.00 Breakout
Labor: $0.00
Gross Margin Percent @ 20% $0.00
Equipment: $0.00
Gross Margin Percent @ 15%: $0.00
Material: $0.00
Gross Margin Percent @ 15%: $0.00
Subcontractors Total: $2,000.00
Cost Qty
Description / Rate / Hrs Workers Ext
On 1st $5K @ 10%: $200.00
On Remain @ 5%: $0.00
Total: $2,200.00
Reservation of Rights
This COR does not include any amount for impacts such as interference, disruptions, rescheduling, changes in the sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for any of these items.

Signed By: Dated: 12/8/2022
Nigel Chalmers
Project Executive

ATTACHMENT E

CITY OF INDUSTRY CHANGE ORDER
15625 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No._ 12
CIP-FAC-19-049-
Project Site Plan for Sheriff's Trailer Contract No. B/CITY-1456 Date February 23, 2023 Type Parking Lot Construction and Trailer
Project Procurement and Installation Contractor Arch Insurance Location 15530 Stafford Ave.

Explanation:

Final field measured bid quantities
Extra Work by: X
Contract Items Negotiated T & M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:

ITEM UNIT TOTALS ($)
NO ITEM QUANTITY PRICE +
1 Bid Quantity Overruns 1 $24,400.00 $24,400.00
2 Bid Quantity Underruns 1 ($25,700.00) ($25,700.00)
TOTAL COST ($1,300.00)

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,835,702.54 Total T & M $
Total Previous Change Orders $ 505,380.73 27.53%
Pay This
Total Change Orders $ 504,080.73 27.46% CHANGE ORDER ($1,300.00) -0.07% Authorized by, Additional Contract Days 1
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total cost includes compensation for an delav in the preparation of this change order and the time to complete the specified work. 02/06/23 2/23
Jora yone ch, Manager
resentati Date
2/7/23 гала 2-6:23
Mathew Hudson, Engineering Manager Date Gerardo Perez, Construction Manager Date CITY-1456 - Change Order No. 12

ATTACHMENT F

CITY OF INDUSTRY
Civic-Recreational-Industrial Authority
Industry Public Utilities Commission
Successor Agency to the Industry Urban-Development Agency 15625 Mayor Dave Way, City of Industry, CA 91744
Notification of Construction Completion
Sheriff's Station Site
Project: Plan and Modular Offices Date: February 23, 2023 Contract Contract No.: CIP-FAC-19-049-B
Contractor: Arch Insurance
As a result of an inspection conducted on 12/30/2022 the contractor's construction work has been completed in accordance with the contract documents, with the exception of the items noted below:

Acceptance of completed construction work shall not relieve the contractor from other requirements of the contract documents.

Accepted by
Contractor Richard Tropp Authorized rep. for Arch 2/06/23 Printed Name Signature Title Date
Recommended by
Project Engineer John Kao Gum Kao Project Engineer 2.l:23 Printed Name Title Date
Recommended by
Project Inspector Shaun Malganji Sonia Probe nepodor 2-7.233 Printed Name
Recommended by
Project Manager Gerardo Perez & Sr. Construction Manager 2.6.23 Printed Name Signature Title Date
Recommend by Mutat
Public Agency Mathew Hudson Engineering Manager 2/7/23
Printed Name Signature Title Date
Approved by
Public Agency Joshua Nelson City Manager 2/2/23
Printed Name

CITY COUNCIL
ITEM NO. 5.9

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Sean Calvillo, Director of Operations, CNC Engineering
DATE: February 23, 2023
SUBJECT: Consideration of a Maintenance Services Agreement with Sage Environmental, LLC., for Grazing Services at Tonner Canyon in an amount of $468,000.00 through February 23, 2025 (MP 00-20)

BACKGROUND
The County of Los Angeles Fire Department ("LACD") designates the 3200 acres at Tonner Canyon as a very high fire hazard severity zone. Additionally, portions of the area are sensitive ecological areas ("SEA"). One effective way to reduce fire hazards is to suppress the non-native plans and grasses and this has been accomplished through the use of goat grazing. The City's contractor for goat grazing recently ended their grazing services at Tonner Canyon and Sage Environmental is able to provide continuing services in place of the previous contractor.

DISCUSSION
Sage Environmental will provide around 200 goats for fuel reduction services at Tonner Canyon and coordinate with the City and LACFD on the acceptable level of reduction throughout. Sage Environmental manages the goats, herdsman, transportation, supplemental feeding, and related health maintenance for the goats. All operations will adhere to the California Department of Food and Agriculture's best practices including an animal care plan prepared annually, and the federal Migratory Bird Treaty Act and Endangered Species Act. Grazing within the SEA's will be overseen by a qualified biologist, as listed on the County of Los Angeles SEA biologist list. Staff recommends approving a Maintenance Services Agreement with Sage Environmental for a two year term at a monthly cost of $19,500.00.

FISCAL IMPACT
The fiscal impact is $468,000.00 over two years. In the adopted Fiscal Year 2022-2023 budget, $546,000.00 1s approved for grazing services and there is sufficient budget for the remainder of the fiscal year (Account No. 100- 628-8510, MP 00-20).

RECOMMENDATION
Staff recommends the City Council approve the Maintenance Services Agreement with Sage Environmental.

Attachments
A. Maintenance Services Agreement Sage Environmental

CITY OF INDUSTRY

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT ("Agreement"), is made and effective as of February 23, 2023 ("Effective Date"), between the City of Industry, a municipal corporation (City) and Sage Environmental Group LLC, a California limited liability company ("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 February 23, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

SERVICES
(a) 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 grazing services for fire fuel load management, serving a municipal agency.
(d) Contractor 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

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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 (i) 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's 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. PAYMENT
(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 Four Hundred Sixty Eight Thousand dollars ($468,000.00) 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.

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(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. LABOR CODE AND PREVAILING WAGES
(a) Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "Public Works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and any location where the Services are performed. 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 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 subcontractors of Contractor, failure or alleged failure to comply with Prevailing Wage Laws. (b) In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.
(c) To the extent applicable, Consultant shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

Contractor shall comply with the legal days work and overtime requirements of Sections 1813 and 1815 of the Labor Code.

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(e) If the Services are being performed as part of an applicable Public Works or Maintenance project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Agreement and require the same of any subcontractors, as applicable. The Services set forth in this Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

6. 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.

7. 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

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

8. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Contractor's Services, to the fullest 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 other than for 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

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determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

9. 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.

10. 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 directior 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 indemnity provisions set forth in this Section 10 (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.

11. 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

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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.

12. 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.

13. 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.

14. 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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15. 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 (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 Contractor: Sage Environmental Group LLC
24040 Camino del Avion, Suite A77
Monarch Beach, CA 92629

16. 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 copy of the proposed written contract between Contractor and such subcontractor 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 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 subconsultant 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.

17. GOVERNING LAW/ATTORNEYS' FEES
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

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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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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 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.

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23. 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.

24. 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 Sage Environmental Group LLC
By:_ By:_
Joshua Nelson, City Manager Alissa Cope, 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
Contractor will provide the following grazing services at Tonner Canyon:

Contractor will furnish all of the labor, supplies, materials, and equipment, necessary or proper to perform and complete the services. Contractor maintains the qualifications, experience, and tacilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. • Contractor will provide approximately 100 to 200 goats for fuel reduction services on a portion of the City Property indicated on the attached map (Project Area"). Contractor will verify the specific number of goats utilized with the City's supervisor for this project. The number of goats utilized for this project may be increased or decreased at the reasonable discretion of City and Contractor.
• Contractor will use the goats to reduce fuels in the Project Area to levels as directed by City and the Los Angeles County Fire Department, and the goats will be grazed in an area only for so long as necessary to accomplish the required vegetation reduction to mitigate fire hazard. The Parties estimate that Contractor's services will be required for approximately 30 days for each grazing subarea.
• Contractor will provide all herding animals, herdsmen, transportation, supplemental feeding, and related health maintenance and protection requirements for the goats, including the use of a portable electrified fence to limit the grazing area to the Project Area and prevent the goats from trespassing on adjacent private property. A herdsmen will be on duty at the City Property during active grazing operations for the period in which the goats are present on City Property. In addition to the herdsmen, Contractor will provide City with an emergency number where Contractor or another responsible person can be reached at all times.
• City will deliver water to a point on the City Property agreed to by the Parties in sufficient quantity for use by Contractor's goats at no cost to Contractor.
• To ensure that the goats do not bring weed seeds into any of the Project Areas, Contractor must:

1. Confine the goats to a facility prior to their introduction to the City Property for a period of not less than 3 days to clear their digestive system of undesirable plant species.

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2. Provide hay or other supplemental feed that does not contain any exotic weed species as determined by the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures.

This requirement may be waived at the discretion of City if Contractor can provide documentation, or a field inspection of the goats being grazed within a reasonable distance of the Project Area.

Contractor acknowledges that the Project Area may contain predatory animals such as mountain lions, bobcats and coyotes and agrees to assume all risk to Contractor's livestock and employees or agents arising from any injury or damage that may be caused by such predators.

Animal Husbandry
• All operations shall be carried out in accordance with the California Department of Food and Agriculture best practices.
https://wwwcdfa.ca.gov/AHFSS/anaimalhealth/sheep Goat health.html; • An Animal Care Plan is required to be prepared, approved, and implemented that will include:
a. Veterinarian overseeing herd, and guardian/herding dog health; b. Documentation of current annual vaccines for all guardian/herding dogs; c. Documentation of current annual, semi-annual, and quarterly herd treatments including deworming. Proof of purchase receipts to be submitted with monthly invoicing; and,
d. Documentation of herd nutrition and feed program, including freshwater, supplemental feed and minerals. Proof of purchase receipts to be submitted with monthly invoicing.
• No work shall commence until such a plan is approved by City annually.

Grazing Management Methodology
• Grazing locations and schedule to be defined collectively with City Staff, Contractor, and LA County Fire Department annually.
• Grazing within sensitive habitat will be overseen by a qualified biologist listed on the County of Los Angeles SEA Biologist List. Sensitive habitat area map to be provided by City.

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• Grazing will comply with all current applicable local, state, and federal regulations and requirements, including the federal Migratory Bird Treaty Act and Endangered Species Act and California Fish and Game Code, Sections 2050 (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey) and 3513, (migratory birds), and 5650 (water pollution).
• Contractor shall provide a grazing management methodology which shall be submitted to and approved by the City monthly during the contract period. No new grazing work shall commence until such a plan is approved by City for each new grazing area.
• The grazing management methodology plan shall include, but not limited to:
a. Number of goats that shall be assigned to the Project Area. b. Approved acreage to be grazed
c. Type and number of guardian animals to be stationed with the herd. d. Detailed plan for the mobilization and demobilization process. e. Grazing duration to ensure no overgrazing.
f. Detailed plan of goat containment/fencing around the working area to keep all livestock within the approved grazing area and away from sensitive habitat. g. The plan for watering of livestock, care and treatment of livestock and guardian animals.
h. Overnight confinement plan for goats and guardian animals. i. The plan for removal of any toxic/noxious plant or debris that cannot be removed through the grazing process.
j. Identification and protection of trees and all woody vegetation. In particular, Contractor will protect trees 4 inches or greater in diameter at breast height from bark stripping or girdling damage by using tarps, portable fencing, or other means. This shall be at the sole expense of Contractor. k. Identification and protection of native tree saplings, and patches native forbes and grasses by using portable fencing, or other means. This shall be at the sole expense of Contractor.

Over Grazing Damage/Erosion Management
a. Contractor will exercise all appropriate erosion prevention measures including avoiding soil erosion problems caused by overstocking or overgrazing, such as exposing base soil excessively in grassland areas and other open areas causing excessive powdering of soil.
b. Enough vegetation shall be allowed to remain to prevent soil erosion. In the event an area is overstocked, and bare ground is visible in areas over 50 percent in the area used, Contractor will be responsible for erosion control treatment that may include installing wattle, covering bare ground with straw,

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hydroseeding or other methods approved by the City at Contractor's sole expense.

C. Contractor shall exercise all appropriate erosion prevention measures when using slope areas, roadways, and V-ditches which, by physical nature, provide for greatest potential runoff, which can contribute to erosion.

Equipment
a. Ensure that all Contractor vehicles and equipment used in performing work in conjunction with this project are mechanically and operationally sound; have well-maintained exteriors & clean.
b. All Contractor trucks shall be of one color with Contractor name or logo identified. All vehicles shall contain a workable flashing yellow light (or lights) that shall be used while working on roadways, and fire roads.

Project Area
8714-026-273
8714-026-271 8714-026-270:
8714-026-275
8714-026-272 8714-026-274
8714-027-270
8714-027-007
8714-028-270
8714-029-270 8704-027-272
306-021-18
306-024-19 ... 305021-7
308-031-18 8714-028-271
306-021-01 308-031-32
306-021-16
306-021-02
306-021-13 308-031-23
Legend
City of Industry Parcels
• Non-City of Industry Parcels
•: County Boundary

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EXHIBIT B

RATE SCHEDULE
• Monthly Rate $19,500.00

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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 Agency.

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 Agency, 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

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from or in connection with the performance of the Services hereunder by Contractor, his agents, representatives, employees or subcontractors.

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.

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 Agency 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.

Page 17 of 18 ends

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

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.

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.

Page 18 of 18 ends

CITY COUNCIL
ITEM NO. 5.10

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: February 23, 2023
SUBJECT: Consideration of Amendment No. 2 to the Agreement with Tyler Technologies, Inc. for software to host the City's Enterprise Resources Planning (ERP) System, extending the term to December 31, 2027, revising the scope of services increasing compensation by $285,955.43, revising the written notice period, revising the address for the City and City Attorney, and revising the indemnity provisions

BACKGROUND
On or about January 25, 2018, the City Council approved a Software as a Service Agreement (Agreement) with Tyler Technologies, Inc. ("Tyler") to host the City's Enterprise Resources Planning ("ERP") system, called New World. New World is the City's financial system for accounting, budgeting, and asset management.

On or about May 5, 2021, Amendment No. 1 was approved to update the scope of services by removing 14 modules: HR/Payroll Base Suite, Employee Event Tracking, Employee, eTimesheets, Benefits Admin, Parcel Management, Permits, Licensing, Code Enforcement, Municipal Inspections, myCommunity Server, mylnspections, ePermits, and eLicense.

DISCUSSION
The Agreement terminated on February 1, 2023. Staff wishes to extend the Agreement's term, add the Requisitions module to streamline the purchase order processing, and add Tyler Content Manager to manage documents from the Requisitions module. Below is a summary of the major changes proposed in Amendment No. 2:

1. Term: Extend to December 31, 2027

2. Compensation: Add $285,955.43

3. Termination: Revise the written notice from 30 days to 60 days prior to the beginning of a new service year. A service year is January 1 through December 31.

4. Scope of Services: Add Requisitions module for a one-time $8,160.00 set-up training cost plus annual fee of $1,620.00. Add Content Manager for a one-time $10,020.00 set-up and training cost plus annual fee of $13,427.00.

5. Revise addresses of the City and City Attorney's office and indemnity provisions of independent contractors.

6. By written notice, City Manager may add or remove applications or other software as long as the change is less than the Agreement's not-to exceed amount.

FISCAL IMPACT
The costs for the financial system is included in the adopted budget within General Funds- Information Technology-Computer Services (Account No. 100-525-5695.01). Amendment No. 2 will add $447,175.89 to the Agreement's not-to-exceed compensation through December 31, 2027. The annual cost is adjusted every January 1 at a rate of not more than five percent. The amendment's compensation is based on an annual five percent increase, and there will be cost savings if the increase is less than five percent.

Table 1 shows the Amendment No. 2.

Service Year Cost
CY 2023 (includes one-time cost of $18,180.00) $62,537.29 CY 2024 $51,835.65
CY 2025 $54,427.44
CY 2026 $57,148.81
CY 2027 $60,006.25
Amendment No. 2 Total $285,955.43
Table 2 shows the total cost of the Agreement.

Cost
Agreement $161,220.46
Amendment No. 1 $0.00
Amendment No. 2 $285.955.43
Total $447,175.89

RECOMMENDATION

1. Staff recommends that the City Council approve Amendment No. 2 with Tyler Technologies, Inc, dated February 23, 2023

2. Appropriate $285,955.43 General Funds-Information Technology-Computer Services (Account No. 100-525-5695.01)
Attachments
A. Amendment No. 2 with Tyler Technologies, Inc., dated February 23, 2023 AMENDMENT NO. 2

TO SOFTWARE AS A SERVICE AGREEMENT
This Amendment No. 2 to the Software as a Service Agreement ("Agreement"), is made and entered into this 23rd day of February, 2023 ("Effective Date"), by and between the City of Industry, a California municipal corporation ("City") and Tyler Technologies, Inc. ("Tyler"). The City and Tyler are hereinafter collectively referred to as the "Parties"

RECITALS
WHEREAS, on or about January 25, 2018, the Agreement was entered into and executed between the City and Tyler to host the City's Enterprise Resources Planning System, known as New World; and
WHEREAS, on or about May 5, 2021, Amendment No. 1 was approved to remove 14 modules from the Scope of Services: HR/Payroll Base Suite, Employee Event Tracking, eEmployee, eTimesheets, eBenefits Admin, Parcel Management, Permits, Licensing, Code Enforcement, Municipal Inspections, myCommunity Server, mylnspections, ePermits, and eLicense; and
WHEREAS, the Parties desire to amend the Agreement to extend the term of the through December 31, 2033, increase compensation by $285,955.43, revise the Scope of Services to include Tyler's requisition module and Tyler Content Manager, revise the written notice period, update the addresses for the City and City Attorney, and revise the indemnity provisions; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, 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 amended to read in its entirety as follows:

This Agreement shall commence on January 1, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2027, unless sooner terminated pursuant to the provisions of this Agreement.

Section 4. PAYMENT
1 Sections 4(a) are hereby amended to read in its entirety as follows:
(a) The City agrees to pay Tyler, in accordance with the payment rates and terms and the schedule of payment as set forth in Schedule 1 of Exhibit A of this Agreement, 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 Four Hundred Forty-seven Thousand One Hundred Seventy-five Dollars and Eighty-nine Cents ($447,175.89) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. No additional payments are authorized unless approved by City or as provided in this Agreement.

Section 5. SUSENSION OR TERMINATION OF AGREEMENT
Section 5(a) is hereby amended to read in its entirety as follows:
(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 Tyler at least sixty (60) days prior to the start of a calendar written notice to terminate this Agreement by January 1 of the following calendar year. Upon receipt of said notice, Tyler 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.

Section 9. INDEPENDENT CONTRACTOR
Section 9(c) is hereby added to read in its entirety as follows:
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor. The provisions of this Section 9(c) are effective as of January 1, 2020. The indemnity provisions set forth in this Section 9(c) shall survive the termination of this Agreement and are in addition to any other rights or remedies the City may have under the law.

Section 14. NOTICES
Section 14 is hereby revised as follows:
2 To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy to: James M. Casso, City Attorney
Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746

EXHIBIT A SCOPE OF SERVICES
Schedule 1 of Exhibit A is hereby rescinded in its entirety and replaced with Attachment 1, attached hereto, and incorporated herein by reference.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement as of the Effective Date.
"CITY" "TYLER"
City of Industry Tyler Technologies, Inc.

By: _ By:

Joshua Nelson, City Manager Rob Kennedy-Jensen
Group General Council
Attest:

By:

Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:

By: _
James M. Casso, City Attorney
ATTACHMENT 1
SCHEDULE 1
Investment Summary
DESCRIPTION CY23 CY24 CY25 CY26 CY27
Financial Applications
Financial Management Base Suite .NET $11,023.42 $11,574.59 $12,153.32 $12,760.99 $13,399.04 Asset Management .NET $2,205.49 $2,315.76 $2,431.55 $2,553.13 $2,680.79 Bank Reconciliation .NET $1,323.69 $1,389.87 $1,459.37 $1,532.34 $1,608.95 Contract Accounting NET $2,205.49 $2,315.76 $2,431.55 $2,553.13 $2,680.79 Finance Analytics .NET $2,205.49 $2,315.76 $2,431.55 $2,553.13 $2,680.79 Government (GASB) Reporting. NET $3,969.08 $4,167.53 $4,375.91 $4,594.70 $4,824.44 Misc. Billing & Receivables NET $2,205.49 $2,315.76 $2,431.55 $2,553.13 $2,680.79 Project Accounting. NET $2,205.49 $2,315.76 $2,431.55 $2,553.13 $2,680.79 Purchasing Base NET $3,969.08 $4,167.53 $4,375.91 $4,594.70 $4,824.44 Requisitions $2,828.00 $2,969.40 $3,117.87 $3,273.76 $3,437.45 Processing Software $4,629.00 $4,860.45 $5,103.47 $5,358.65 $5,626.58 Content Manager $8,798.00 $9,237.90 $9,699.80 $10,184.78 $10,694.02 Other Software
Unlimited User Licenses $1,799.58 $1,889.56 $1,984.04 $2,083.24 $2,187.41 Requisitions Service Hours/Implementation $2,800.00 $0.00 $0.00 $0.00 $0.00 Requisitions Project Management $350.00 $0.00 $0.00 $0.00 $0.00 Library - Financial
Processing - Configuration $1,500.00
Content Manager Project Management $0.00
Content Manager Core $0.00
TOTAL $62,537.29 $51,835.65 $54,427.44 $57,148.81 $60,006.25 Calendar Year (CY") begins on January 1 and end December 31 of every year. Costs will increase not more than five percent (5%) at the start of each CY. Tyler will provide City a written notice of the increase no less than 60 days prior to the commencement of each CY.

2. By written notice, City Manager may add or remove applications or other software as long as the change does not exceed the Agreement's not-to exceed amount. 4 CITY COUNCIL
ITEM NO. 5.11

INDUSTRY

CITY OF INDUSTRY

KOPEHIBOB

MEMORANDUM
To: Honorable Mayor Moss and Members of the City Council From: Joshua Nelson, City Manager
Staff: James M. Casso, City Attorney
Date: February 23, 2023
SUBJECT: Adoption of Ordinance No. 822, an Ordinance of the City Council of the City of Industry, California, amending Section 2.08.070 (Powers and Duties) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the City of Industry Municipal Code, and adopting a Notice of Exemption regarding same
Background:

Pursuant to Article XI, Section 3, of the California Constitution, the City's Charter governs the City's municipal affairs. The City's Charter serves as the City's constitution, and the provisions of the City's Municipal Code must be consistent with the provisions of the City's Charter. Staff have determined that inconsistencies exist between the City's Charter and Municipal Code with respect to the office of the City Clerk. Specifically, the Charter only provides the City Council with appointment and removal authority over the City Clerk, it does not permit administrative oversight. However, the City's Code excludes the City Clerk from the administrative oversight of the City Manager.

Discussion:

As was explained to Council at its January 26, 2023, meeting when Ordinance 822 was introduced, to ensure consistency between the City's Code and the Charter, it is necessary to amend the City's Code to allow the City Manager administrative oversight over the office of the City Clerk
Fiscal Impact:

None
Recommendation:

1.) Staff recommends that the City Council (1) Adopt Ordinance No. 822 an Ordinance of the City Council of the City of Industry, California, amending Section 2.08.070 (Powers and Duties) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the City of Industry Municipal Code, and adopting a Notice of Exemption regarding same
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Exhibit:

A. Ordinance No. 822
B. Notice of Exemption

EXHIBIT A
Ordinance No. 822
[Attached]
ORDINANCE NO. 822

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, AMENDING SECTION 2.08.070 (POWERS AND DUTIES) OF CHAPTER 2.08 (CITY MANAGER) OF TITLE 2
(ADMINISTRATION AND PERSONNEL) OF THE CITY OF INDUSTRY

MUNICIPAL CODE, AND ADOPTING A NOTICE OF EXEMPTION

REGARDING SAME
WHEREAS, pursuant to Article XI, Section 3, of the California Constitution, the Charter WHEREAS, Staff have determined that inconsistencies exist between the City's Charter and Municipal Code with respect to the office of the City Clerk; and WHEREAS, the City Council desires to amend the City's Municipal Code to provide consistency with the City's charter; 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 January 26, 2023 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. CEQA 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 2.08.070.B. and D. (Powers and Duties) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the City of Industry Municipal Code are hereby revised to read in their entirety as follows:
1 B. To control, order and give directions to all heads of departments, subordinate officers and employees of the city, except the city attorney and the city treasurer; to transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his or her direction, with the exception of the city clerk; D. To exercise control over and to supervise in general all departments and divisions of the city government and all appointive officers and employees thereof except the city attorney, and the city treasurer;
SECTION 4. 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 5. 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.

SECTION 6. 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 7. 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 February _ _ 2023, 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 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. 822 was introduced at the regular meeting of the City Council on January 26, 2023, and was adopted at a regular meeting of the City Council on January 26, 2023 by the following vote:

AYES: COUNC MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Julie Gutierrez-Robles, City Clerk
(SEAL)

EXHIBIT B
Notice of Exemption
[Attached]

NOTICE OF EXEMPTION
To: County Clerk From: City of Industry
County of Los Angeles 15625 Mayor Dave Way, Suite 100
Environmental Filings City of Industry, CA 91744
12400 East Imperial Highway #2001
Norwalk, CA 90650
Project Title: Ordinance of the City Council of the City of Industry, California, amending Section

2.08.070 (Powers and Duties) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the City of Industry Municipal Code
Project Location - Specific: City of Industry
Project Location-City: City of Industry Project Location-County: Los Angeles Description of Project: Amendments to the City's Municipal Code to reconcile inconsistencies between the City's Code and the City's Charter concerning the office of the City Clerk.

Name of Public Agency Approving Project: City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
• Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
• Categorical Exemption. State type and section number:

Statutory Exemptions. State code number: 15061(b)(3)
Reasons why project is exempt: The proposed project is exempt from the California Environmental Quality Act ("CEQA") per Section 15061(b)(3) of the CEQA Guidelines because the project is simply an amendment to the City's Municipal Code to reconcile provisions of the Code with the Charter, concerning the office of the City Clerk.

Lead Agency
Contact Person: Joshua Nelson Telephone: _ (626) 333-2211 Signature: Date:

Title: City Manager

Industry City CouncilFebruary 23, 2023

Industry City Council
February 23, 2023